Bare Acts

CHAPTER IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION


11. Survey of manual scavengers in urban areas by Municipalities.—(1) If any Municipality has
reason to believe that some persons are engaged or employed in manual scavenging within its jurisdiction,
the Chief Executive Officer of such Municipality shall cause a survey to be undertaken to identify such
persons.
(2) The content and methodology of the survey referred to in sub-section (1) shall be such as may be
prescribed, and it shall be completed within a period of two months from its commencement in the case of
Municipal Corporations, and within a period of one month in the case of other Municipalities.
(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is undertaken,
shall be responsible for accurate and timely completion of the survey.
(4) After completion of the survey, the Chief Executive Officer shall cause to be drawn up a
provisional list of persons found to be working as manual scavengers within the jurisdiction of his
Municipality and fulfilling the eligibility conditions as may be prescribed, shall cause such provisional list
to be published for general information in such manner, as may be prescribed, and shall invite objections
to the list from the general public.
(5) Any person having any objection, either to the inclusion or exclusion of any name in the
provisional list published in pursuance of sub-section (4), shall, within a period of fifteen days from such
publication, file an objection, in such form as the Municipality may notify, to the Chief Executive Officer.
(6) All objections received in pursuance of sub-section (5), shall be enquired into, and thereafter a
final list of persons found to be working as manual scavengers within the local limits of the municipality,
shall be published by it in such manner, as may be prescribed.
(7) As soon as the final list of manual scavengers, referred to in sub-section (6) is published, the
persons included in the said list shall, subject to the provisions of sub-section (2) of section 6, stand
discharged from any obligation to work as manual scavengers.
12. Application by an urban manual scavenger for identification.—(1) Any person working as a
manual scavenger in an urban area, may, either during the survey undertaken by the Municipality in
pursuance of section 11, within whose jurisdiction he works, or at any time thereafter, apply, in such
manner, as may be prescribed, to the Chief Executive Officer of the Municipality, or to any other officer
authorised by him in this behalf, for being identified as a manual scavenger.
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be
enquired into, either as part of the survey undertaken under section 11, or, when no such survey is in
progress, within fifteen days of receipt of such application, to ascertain whether the applicant is a manual
scavenger.
(3) If an application is received under sub-section (1) when a survey under section 11 is not in
progress, and is found to be true after enquiry in accordance with sub-section (2), action shall be taken to
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add the name of such a person to the final list published under sub-section (6) of section 11, and the
consequences mentioned in sub-section (7) thereof shall follow.
13. Rehabilitation of persons identified as manual scavengers by a Municipality.—(1) Any
person included in the final list of manual scavengers published in pursuance of sub-section (6) of section
11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following
manner, namely:—
(a) he shall be given, within one month,—
(i) a photo identity card, containing, inter alia, details of all members of his family dependent
on him, and
(ii) such initial, one time, cash assistance, as may be prescribed;
(b) his children shall be entitled to scholarship as per the relevant scheme of the Central
Government or the State Government or the local authorities, as the case may be;
(c) he shall be allotted a residential plot and financial assistance for house construction, or a
ready-built house, with financial assistance, subject to eligibility and willingness of the manual
scavenger, and the provisions of the relevant scheme of the Central Government or the State
Government or the concerned local authority;
(d) he, or at least one adult member of his family, shall be given, subject to eligibility and
willingness, training in a livelihood skill, and shall be paid a monthly stipend of not less than three
thousand rupees, during the period of such training;
(e) he, or at least one adult member of his family, shall be given, subject to eligibility and
willingness, subsidy and concessional loan for taking up an alternative occupation on a sustainable
basis, in such manner as may be stipulated in the relevant scheme of the Central Government or the
State Government or the concerned local authority;
(f) he shall be provided such other legal and programmatic assistance, as the Central Government
or State Government may notify in this behalf.
(2) The District Magistrate of the district concerned shall be responsible for rehabilitation of each
manual scavenger in accordance with the provisions of sub-section (1) and the State Government or the
District Magistrate concerned may, in addition, assign responsibilities in his behalf to officers subordinate
to the District Magistrate and to officers of the concerned Municipality.
14. Survey of manual scavengers in rural areas by Panchayats.—If any Panchayat has reason to
believe that some persons are engaged in manual scavenging within its jurisdiction, the Chief Executive
Officer of such Panchayat shall cause a survey of such manual scavengers to be undertaken, mutatis
mutandis, in accordance with the provisions of section 11 and section 12, to identify such person.
15. Application by a rural manual scavenger for identification.—(1) Any person working as a
manual scavenger, in a rural area, may, either during the survey undertaken by the Panchayat within
whose jurisdiction he works, in pursuance of section 14 or at any time thereafter, apply, in such manner,
as may be prescribed, to the Chief Executive Officer of the concerned Panchayat, or to any other officer
authorised by him in this behalf, for being identified as a manual scavenger.
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be
enquired into, either as part of the survey undertaken under section 14 or when no such survey is in
progress, within fifteen days of receipt of such application, so as to ascertain whether the applicant is a
manual scavenger.
16. Rehabilitation of persons identified as manual scavengers by a Panchayat.—Any person
included in the final list of manual scavengers, published in pursuance of section 14 or added thereto in
pursuance of sub-section (2) of section 15 shall be rehabilitated, mutatis mutandis, in the manner laid
down for urban manual scavengers in section 13.

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