33. Duty of local authorities and other agencies to use modern technology for cleaning of
sewers, etc.—(1) It shall be the duty of every local authority and other agency to use appropriate
technological appliances for cleaning of sewers, septic tanks and other spaces within their control with a
view to eliminating the need for the manual handling of excreta in the process of their cleaning.
(2) It shall be the duty of the appropriate Government to promote, through financial assistance,
incentives and otherwise, the use of modern technology, as mentioned in sub-section (1).
34. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against an appropriate Government or any officer of the appropriate Government or any member of the
Committee for anything which is in good faith done or intended to be done under this Act.
35. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any
matter to which any provision of this Act applies and no injunction shall be granted by any civil court in
respect of anything, which is done or intended to be done, by or under this Act.
36. Power of appropriate Government to make rules.—(1) The appropriate Government shall, by
notification, make rules for carrying out the provisions of this Act, within a period not exceeding three
months from the date of commencement of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) of section 2;
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(b) the manner in which the excreta fully decomposes under clauses (e) and (g) of sub-section (1)
of section 2;
(c) the manner of carrying out survey of insanitary latrine and publishing list thereof under
clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitary latrine under
sub-section (3) of section 5;
(e) content and methodology of the survey under sub-section (2) of section 11;
(f) the eligibility conditions for identification of manual scavengers and publication of
provisional list of persons found to be working as manual scavengers under sub-section (4) of
section 11;
(g) publication of final list of persons found to be working as manual scavengers under subsection (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of the municipality, or to an
officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be,
sub-section (1) of section 15;
(i) provision of initial, one time, cash assistance under sub-clause (ii) of clause (a) of
sub-section (1) of section 13;
(j) such other powers of Inspectors under clause (e) of sub-section (2) of section 20; and
(k) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
(4) Every rule made under this Act by the State Government shall, as soon as may be after it is made,
be laid before each House of State Legislature, where there are two Houses and where there is one House
of State Legislature, before that House.
37. Power of Central Government to make model rules.—(1) Notwithstanding anything contained
in section 36 of this Act:—
(a) the Central Government shall, by notification, publish model rules for the guidance and use of
State Governments; and
(b) in case the State Government fails to notify the rules under section 36 of this Act within the
period of three months specified therein, then the model rules as notified by the Central Government
shall be deemed to have come into effect, mutatis mutandis, in such State, till such time as the State
Government notifies its rules.
(2) The model rules made by the Central Government under this Act shall be laid, as soon as may be
after they are made, before each House of Parliament while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses make any
modification in the rule, the rule shall thereafter have effect only in such modified form; so, however, that
any such modification shall be without prejudice to the validity of anything previously done under that
rule.
38. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
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not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the
removal of the difficulty:
Provided that no such order shall be made in relation to a State after the expiration of three years from
the commencement of this Act in that State.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
39. Power to exempt.—(1) The appropriate Government may, by a general or special order published
in the Official Gazette, for reasons to be recorded, and subject to such conditions as it may impose,
exempt any area, category of buildings or class of persons from any provisions of this Act or from any
specified requirement contained in this Act or any rule, order, notification, bye-laws or scheme made
thereunder or dispense with the observance of any such requirement in a class or classes of cases, for a
period not exceeding six months at a time.
(2) Every general or special order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament or each House of State Legislature, where there are two Houses
and where there is one House of State Legislature, before that House.