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NATIONAL COMMISSION FOR SAFAIKARAMCHARIS ACT

Ministry of Law and Justice

Act nº 64 of 1993


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Appendices
  • Amending Acts
  • Act nº 64 of 1993

Preamble

THE NATIONAL COMMISSION FOR SAFAI KARMACHARI ACT, 1993

(Act, No. 64 of 1993)

[4th September, 1993]

PREAMBLE

An Act to constitute a National Commission for Safai Karamcharis and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:--

Chapter I

Section 1. Short title, extent, application, commencement, duration and savings

(1) This Act may be called the National Commission for Safai Karmachari Act, 1993.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

(4) It shall cease to have effect after the2[29th day of February, 2004], except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act.

1.Came into force on 12th August, 1994, vide S.O. 591 (E), dated 12th August, 1994, published in the Gazette of India, Extra., Pt. II. See. 3(ii), dated 12th August, 1994.

2.Substituted for "31st day of March 2002" by the National Commission for Safai Karmcharis (Amdt) Act, 2001 w.e.f. 13.12.2001.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Chairperson" means the Chairperson of the Commission;

(b) "Commission" means the National Commission for Safai Karamcharis constituted under section 3;

(c) "Member" means a Member of the Commission;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "Safai Karamchari" means a person engaged in, or employed for, manually carrying human excreta or any sanitation work;

(f) "Vice Chairperson" means the Vice-Chairperson of the Commission.

C

Chapter II

Section 3. Constitution of the National Commission for Safai Karamcharis

(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the National Commission for Safai Karamcharis to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

(2) The Commission shall consist of--

(a) a Chairperson;

(b) a Vice-Chairperson;

(c) five Members,

to be nominated, from amongst the persons of eminence connected with the socio-economic development and welfare of Safai Karamcharis, by the Central Government:

Provided that at least one of the Members shall be a woman.

Section 4. Term of office and conditions of service of Chairperson, Vice-Chairperson, and Members

(1) The Chairperson, Vice-Chairperson and every Member shall hold office for such period not exceeding three years as may be specified by the Central Government in this behalf or up to the 31st day of March, 1997, whichever is earlier:

1 [Provided that the Chairperson, Vice-Chairperson and every Member holding office as such immediately before the commencement of the National Commission for Safai Karamcharis (Amendment) Act, 1997 shall vacate their respective offices on the 31st day of March, 1997:

Provided further that the Chairperson, Vice-Chairperson and every Member appointed after the commencement of the National Commission for Safai Karamcharis (Amendment) Act, 1997 shall hold office for such period not exceeding three years as may be specified by the Central Government in this behalf or up to the 3Ist day of March, 2002, whichever is earlier.

2 [(1A) Notwithstanding anything contained in Sub-section (1), the Chairperson, Vice-Chairperson and every Member appointed on or after the 16th day of February, 2001, shall hold office for a period not exceeding three years from the date of assump­tion of his office or up to the 29th day of February, 2004, whichever is earlier.

(2) The Chairperson, Vice-Chairperson or a Member may, by notice in writing addressed to the Central Government, resign from the office of Chairperson, Vice-Chairperson, or as the case may be, of the Member at any time.

(3) The Central Government shall remove a person from the office of Chairperson, Vice-Chairperson or a Member if that person--

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment, involves moral turpitude for an offence which in the opinion like Central Government;

(c) becomes of unsound mind and stands so declared by a competent court;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or

(f) in the opinion of the Central Government has so abused the position of Chairperson, Vice-Chairperson or Member as to render that person's continuance in office detrimental to the public interest:

Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or sub-section (3) or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen.

(5) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson, Vice-Chairperson and Members shall be such as may be prescribed.

1. Inserted. by Act 18 of 1997, section. 3.

2. Inserted by the National Commission for Safai Karamcharis (Amdt.) Act, 2001 w.e.f. 13.12.2001.


Section 5. Officers and other employees of the Commission

(1) The Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.

(2) The salaries and allowances payable lo, and other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.

Section 6. Vacancy, etc., not to invalidate the proceedings of the Commission

No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

Section 7. Procedure to be regulated by the Commission

(1) The Commission shall meet as and when necessary and shall meet at such lime and place as the Chairperson may think fit.

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated by the Chairperson or any other officer of the Commission duly authorised by the Chairperson in this behalf.

Chapter III

Section 8. Functions and powers of the Commission

(1) The Commission shall perform all or any of the following functions, namely :--

(a) recommend to the Central Government specific programmes of action toward elimination of inequalities in status, facilities and opportunities for Safai Karamcharis under a time-bound action plan;

(b) study and evaluate the implementation of the programs and schemes relating to the social and economic rehabilitation of Safai Karamcharis and make recommendations to the Central Government and State Governments for better co-ordination and implementation of such programmes and schemes;

(c) investigate specific grievances and take suo moto notice of matters relating to non-implementation of--

(i) programmes or schemes in respect of any group of Safai Karamcharis;

(ii) decisions, guidelines or instructions, aimed at mitigating the hardship of Safai Karamcharis;

(iii) measures for the social and economic upliftment of Safai Karamcharis;

(iv) the provisions of any law in it application to Safai Karamcharis,

and take up such matters with the concerned authorities or with the Central or State Governments;

(d) make periodical reports to Central and State Governments on any matter concerning Safai Karamcharis, taking into account any difficulties or disabilities being encountered by Safai Karamcharis;

(e) any other matter which may be referred to it by the Central Government.

(2) In the discharge of its functions under sub-section (1), the Commission shall have power to call for information with respect to any matter specified in that sub-section from any Government or local or other authority.

Chapter IV

Section 9. Chairperson, Vice-Chairperson and Members and other employees of the Commission

The Chairperson, Vice-Chairperson, Members, officers, and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Illustration

A Municipal Commissioner is a public servant.

Explanation 1.-- Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.-- Wherever the words "public servant" occur they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3.-- The word "election" denotes an election for the purpose of selecting member of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.

Section 10. Central Government to consult Commission

The Central Government shall consult the Commission on all major policy matters affecting Safai Karamcharis.