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In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the
Governor is pleased to order the publication of the following English translation of
notification no. 1761/KNP/XXVI-3 2014-13(60)-2013, dated December 31, 2014:
No. 1761/KNP/XXVI-3-2014-13(60)-2013
Dated Lucknow, December 31, 2014
IN exercise of the powers conferred by sub-sections (1) and (2) of section 36 of the
Prohibition of Employment As Manual Scavengers. and their Rehabilitation Act, 2013
(Act no. 25 of 2013), the Governor is pleased to hereby make the following rules, namely :
THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THER
REHABILITATION RULES, 2014
CHAPTER-1
GENERAL
1. (1) These rules may be called the Prohibition of Employment as
Manual and Scavengers and their Rehabilitation Rules, 2014.
(2) They shall come into force on the date:of their publication in
the Gazette.
Shor title and
commencement
2. (1) In these rules, unless the context otherwise requires;
(a) "Act" means the Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013 (Act no.25 of
2013);
(b) "Cleaning device" includes but not limited to the
equipments referred to in rule 5, whether manually or
mechanically propelled which can be used to:
Definiations
( 29 )
(i) clean or enable the.transport or flow of scwage in
sewers or septage from septic tanks, and
(ii) avoid direct manual contact with such sewage or
material. \
(c) "District Level Survey Committee" means the
Committee referred to in sub-rules (2), (18) and (19) of rule 11
with the following composition:-
1. District Magistrate
2. Additional District Development Officer (Social Welfare)
and Member District Manager, Uttar Pradesh Scheduled Castes
Finance and Secretary Development Corporation
3. District Statistical Officer Member
4. Project Officer, District Urban Development
Authority
Member
5. District Level Officer-in-Charge, Local Bodies Member
6. District Panchayatiraj Officer Member
7. One representative of railway authority Member
8. Upto two representatives of Non Government
Member Organisations working for welfare of
manual scavengers and Safai Karamcharis to be
nominated by the District Magistrate
Member
9. Upto two community representatives of whom
one should Member be a woman to be nominated by
the District Magistrate
Member
Chairman
Member
Secretary
Functions of the District Level Survey Committee:
a. to monitor and oversee the survey process at District
level;
b. to distribute the materials for awareness campaign to
designated place;
v. to arrange publicity through local newspapers etc. about
the survey;
d. to distribute translated survey material to designated
place under its jurisdiction;
e. to approve final list of manual scavengers for all towns,
cities and villages in the district;
f. to publish final consolidated list of the manual scavengers
in the district.
authority for the purpose of survey or verification of manual
scavengers;
State Government as per the provisions of sub section (1) of
section 20 of the Act;
( 30 )
exercise the powers and perform the duties under these rules;
devices that are to be provided, worn or used by safai karamcharis
or sanitary workers in respect of cleaning of sewers and septic
tanks that may be necessary for the specific nature of work to be
carried out, as including and not limited to the materials referred
to in Rule 4 to,
(i) avoid any exposure of human skin to substances which
can lead to diseases, along with all breathing equipment which
prevents inhalation of gases which can lead to diseases, and ,
also includes any sensory equipment for detection of gases
present inside the sewers or septic tanks;
(ii) avoid any injuries while carrying out cleaning work.
means any
person engaged in or employed for any sanitation work, other than
domestic work.
precautions referred to in rule 6, and are all steps necessary to
reduce the risk to the person and to avoid contraction of diseases
and injuries by the persons engaged in cleaning of sewers and
septic tanks due to exposure to sewage or any other material in
any physical state (solid, liquid or gas) inside the sewers or septic
tanks and while entering, sewers or septic tanks.
(j) "State Level Survey Committee" means the Committee
referred to in sub rules (12), (13) of rule-10 and sub-rule (2) of
rule-11 with following composition:
1. Chief Secretary Chairman
2. Principal Secretary, Social Welfare
Department Member
Member
3. Principal Secretary, Urban Development
Department Member
Member
4. Principal Secretary, Panchayatiraj Department Member
5. Director, Economics and Statistics, Uttar
Pradesh
Member
6. Director, Panchayatiraj, Uttar Pradesh Member
7. Director, Local Bodies, Uttar Pradesh Member
8. Director, State Urban Development Authority,
Uttar Pradesh
Member
9. Regional Director, Census Operations Member
10. One representative of railway authority Member
11. Upto iwo representatives of Non Government
Member Organisations working for welfare of
Member
( 31 )
manual scavengers and Safai Karamcharis to
be nominated by the State Government
12. Upto two community representatives of whom
one should Member be a woman to be
nominated by the State Government
Member
Functions of the State Level Survey Committee:
a. to monitor and oversee the survey process at State level.
b. to distribute the materials for awareness campaign to
designated place.
c. to arrange publicity through local newspapers etc. about the
survey.
d. to distribute translated survey material to designated place
under its jurisdiction.
e. to approve final list of manual scavengers for all towns,
cities and villages in the State.
f. to publish final consolidated list of the manual scavengers in
the State.
(2) Words and expressions used and not defined in these rules
but, defined in the Act, shall have the same meanings as assigned
to them in the Act.
CHAPTER-II OBLIGATIONS OF EMPLOYER TOWARDS
EMPLOYEES ENGAGED IN THE
CLEANING OF SEWER OR SEPTIC TANK
3. (1) No person shall be allowed to clean a sewer or septic
tank manually, without the protective gear and safety devices
except,
(a) for the removal of concrete or FRP (Fibre Reinforced
Plastic) or damaged manhole door where mechanical
equipments can not be put into operation;
(b) for inter-linking the newly laid sewer main with the
existing sewer main, in case of sewer of size of more than 300
mm diameter;
(c) for removal of submersible pump sets fixed at the
bottom of the suction weils;
(d) for the reconstruction of the manhole or rectification of
the sewer main;
(e) any circumstance, when it is absolutely necessary to
have manul sewage cleaning, after the Chief Executive Officer
of the local authority has permitted to do so after recording in
writing the specific valid reasons for allowing such cleaning.
Obligations of
Employer
towards
Employees
engaged in the
Cleaning of
Sewer or Septic
Tanks
(2) For the purposes of clauses (c) and (d) of sub-rule (1),
before allowing entry of a person in the sewer, sewage shall be
totally emptied.
(Clause (d) of
sub-section (1)
of section-2 of
the Act.)
( 32 )
Protective
gear and
safety
devices
4. Any person engaged to clean a sewer or a septic tank shall
be provided by his employer, protective gear and safety devices
including, but not limited to the following:
(i) Air compressor for blower
(ii) Air line breathing apparatus
(iii) Air line respirator with mannually operated air
blower
(iv) Air purifier Gas mask/chin cortege
(v) Artificial respiration Reticulate
(vi) Barrier caution tape
(vii) Barrier cream
(viii) Barrier cone
(ix) Blower
(x) Breath mask
(xi) Breathing Apparatus
(xii) Caution board
(xiii) Chlorine mask
(xiv) Emergency medical oxygen resuscitator Kit
(xv) First Aid Box
(xvi) Face Mask
(xvii) Gas Monitor (4 gases)
(xviii) Guide Pipe Set
(xix) Full body wader suit
(xx) Fishing wader suit attached with boots
(xxi) Hand gloves
(xxii) Head Lamp
(xxiii) Helmet
(xxiv) Helmet demolishing
(xxv) Lead acetate paper
(xxvi) Life guard pad
(xxvii) Modular Airlines Supply Trolley System
(xxviii) Normal face mask
(xxix) Nylon rope ladder 5 metres
(xxx) Nylon safety belt
(xxxi) Pocket book
(xxxii) Port oxy
(xxxiii) Raincoat
(xxxiv) Reflecting Jacket
(xxxv) Safety belt
(xxxvi) Safety body clothing
(xxxvii) Safety body harness
(xxxviii) Safety goggles
(xxxix) Safety Gumboots
( 33 )
(xl) Safety helmet
(xli) Safety showers
(xlii) Safety torch
(xliii) Safety Triped Set
(xliv) Search light
5. The local authority shall ensure that the following cleaning
devices are used by persons engaged in cleaning sewer or septic
tank including but not limited to the following:
(i) Sewer Line Cleaning Bucketing Machine
(ii) Jetting Machine
(iii) Suction Machine(Gulley Emptier)
(iv) Combined Machine(Jetting cum Suction)
(v) Deep Suction Combined Machine (Jetting cum Suction
Machine)
(vi) Manual Hand Operated Grab Bucket
(vii) Hydraulic Operated Trolley Mounted Grab Bucket
(viii) Truck Mounted Motor & Winch Operated Grab
Bucket Machine
(ix) Fixed Structure Mounted Motor & Winch Operated
Grab Bucket Machine
(x) Rickshaw Mounted Winch & Motor Operated Desilting
Machine for wet well
(xi) Rickshaw Mounted winch & Auxilliary Engine
Operated Desiliting Machine for Manhole .
(xii) Escort Hydra Crane Mounted Hydraulic Winch
Operated Grab Bucket Desilting Machine
(xiii) Manual rods, shovels, spades, drainage cleaning
machines and steel scrapers with handles
(xiv) Hoses and washing instruments
6. (1) All protective gear and safety devices under these rules
shall be checked every six months and necessary repair or
replacements shall be made by the employer who engages a
person for cleaning a sewer or a septic tank.
(2) Comfortable body suits shall be made available to the
worker who has to enter sewers or septic tanks for their cleaning.
The employer shall provide full body suits to workers entering
manholes of depth more than five feet and alternatively, partial
fishing wader body suits to those entering manholes of depth less
than five feet.
(3) The employer shall also ensure the following safety
precautions before a person is engaged in the cleaning of a sewer
or a septic tank, namely:
(a) There shall be a minimum of three employees present
( 34 )
all the time, one of whom shall be a supervisor;
(b) The atmosphere within the confined space shall be
tested for oxygen deficiency and toxic and combustible gases
including but not limited to poisonous gases like Hydrogen
Sulphide, Carbon Monoxide, Methane, and gasoline vapours,
through detection tests including the following:
(i) lowering a detector lamp into the manhole,
(ii) inserting wet lead acetate paper which changes
colour in the presence of hazardous gases,
(iii) detection of gases through gas detector masks.
(c) Before starting the cleaning under sub rule (1) the
supervisor referred to in clause (a) of sub-rule(3) has inspected
and determined if the sewer serves any industries nearby to
anticipate any hazardous atmosphere that may be encountered.
(d) The condition of inetal-rung ladders and the side walls
of the manhole shall be checked to see if there is any danger of
collapse.
(e) Traffic and pedestrian barricades are provided all the
times.
(f) A flag man should be stationed at least 50 feet ahead of
a site and should be visible to incoming traffic for at least 500
feet.
(g) Regular medical check-up of sewage workers which
shall include the examination of respiratory organs, skin
injuries, and other occupational diseases and injuries for their
treatment to ensure that sewage workers affected with such
diseases or injuries do not enter sewers for cleaning.
(h) Regular vaccination against respiratory and skin
diseases and other occupational diseases to which these
workers are prone due to exposure to harmful substances and
gases in sewers.
(i) All employees who are present on-site during cleaning
work are given training and adequately familiarised with the
knowledge to operate all equipments involved in cleaning
work, to avoid injuries or diseases associated with such work
and to take necessary steps in case of emergency arising at the
place of work and the training shall be conducted every two
years and the employees shall be familiarised with any changes
in method and technique with respect to the above.
(j) The supervisor possesses and keeps handy the names,
addresses and telephone numbers of the nearest hospitals or
clinics.
(k) Cleaning of a sewer or a septic tank shall be done:
( 35 )
(i) Only in day-light; and
(ii) for a duration not exceeding 90 minutes, at a
stretch. There shalt be a mandatory interval of 30
minutes between two stretches.
(1) Identify and close off or reroute any lines that might
carry harmful substances to, or through, the work area.
(m) Ensure that written operating and rescue procedures
are displayed at the entry site.
(n) If the entry is made through a top opening, use a
housing device with a harness that suspends a person in an
upright position and a mechnanical device shall be available to
retrieve personnel from vertical spaces more than five feet
deep.
(o) At least one person trained in first aid and
cardiopulmonary resuscitation should be immediately available
during any confined space job.
(p) Oxygen content in the manhole must be at least 19.5%
in the confined space of the manhole measures at all levels
(bottom, middle and top) and no person entres the manhole if
oxygen level is below 19.5% and more than 21%
(q) Ventilate the sewer line by opening at least two or
three manholes on both sides where work is to be carried out.
(r) Manhole shall be opened at least one hour before the
start of operation.
(s) The opened manhole shall be properly fenced or
barricaded to prevent any person, specially childer, from
accidentally falling into the sewer. Dummy cover with welded
fabric or wire-net may be used.
(t) All workers use the safety gear and safety devices
before entering the sewer line.
(u) The person entering the manhole or sewer line must be
monitored using signal or camera or CCTV etc., throughout the
operation period.
(v) Structural safety of manhole rungs or steps must be
tested before entering the manhole.
(w) Portable aluminium ladder is available during the
work period where necessary and the portable ladder is
properly seated or fixed during use.
(x) No material or tools are located near the edge which
can fall into the manhole and injure the workman,
(y) Equipments used during sewer cleaning are explosion
and fire-proof.
(z) Smoking, open flames are prohibited inside the
( 36 )
manhole as well as in the immediate vicinity of open manholes.
(za) In the event of a sudden or unpredictable atmospheric
change, an emergency escape breathing apparatus with atleast a
10 minute air supply is worm.
7. The employer shall ensure the following safety precautions
at the time when the person is engaged in the cleaning of a sewer
or a septic tank:
(i) Portable fans and air blowers with batteries, in good
working condition with a back up capacity of more than the
estimated duration of the entry of the person in the sewer, shall
be carried into sewers for ventilation and a ventilation source
shall be installed at the mouth of the manhole.
(ii) Flashlights and communication devices such as two-
way radios shall be carried into sewers.
(iii) Presence of the following rescue equipment at the site:
(a) A tripod and hamess system, or some other method
ensuring manoeuvring of an injured worker to the surface.
(b) A basket stretcher, or similar device, shall be
available for moving the injured worker to emergency
transportation.
(c) First aid equipment as given in Annexure-l, and
trained personnel shall be immediately available.
(iv) the employer shall ensure availability of ambulance
and follow-up in close proximity.
(v) The employer shall ensure that the assigned person has
life insurance policy of at least ten lakh rupees and the
premium for which shall be paid by the employer.
8. The employer shall ensure the following post-cleaning safety
precautions after a person engaged in the cleaning of a sewer or a
septic tank comes out of the sewer or septic tank after a session of
cleaning:
(i) Provide facilities for removal of contaminated clothing
and for wash-up as well as cleaning dry clothing.
(ii) Wash-up material shall include but not be limited to
water, soaps, hand sanitizers and adequate and medically
authenticated skin cream for applying on the body for post
cleaning safety.
(iii) Any cuts/bruises on the skin or problems with a
respiratoy organ suffered on account of cleaning of sewer shall
be immediately cured.
CHAPTER-III
( 37 )
INSANITARY LATRINES
9. Human excreta shall be treated as fully decomposed when it
eventually becomes stable material with no unpleasant smell and
containing valuable plant nutrients.
Insanitary
Latrines
(g) of sub-
section (1) of
section 2 of the
Act.
10. (1) Every local authority shall draw a suitable time
schedule for carrying out survey of insanitary latrines within its
jurisdiction and the publication of their list.
(2) The local authority shall take the assistance of the
community leaders and non Governmental organizations working
in the area for the welfare of the Safai Karamcharis or sanitary
workers, on the existence of insanitary latrines in the area under its
jurisdiction.
(3) Any complaint filed by any person including a non
Governmental organization, regarding the construction,
maintenance or use of insanitary latrine, shall be inquired by the
local authority within fifteen days of filing the complaint.
(4) The local authority shall constitute a Committee under its
Chief Executive Officer with at least two members from the
community of Safai Karmcharis or sanitary workers, one of whom
shall be a woman and at least one member from the civil society
groups.
(5) The Committee referred to in sub-rule(4) shall plan and
monitor the survey, and ensure that an awareness campaign is
carried out simultaneously with the survey that is conducted.
(6) The Chief Executive Officer of the local authority shall
prepare an initial {ist of insaitary latrines existing in his
jurisdiction and display the same at the notice board of the office
of the local authority and publish in two local daily newspapers,
inviting the objections, specifying the date by which the
objections, if any, to the list, shall be received.
(7) the local authority shall cause to hold a meeting on the due
date as specified to hear the complaints and objections received on
the intial list and approve the final list of insanitary latrines.
(8) The final list of insanitary latrines shall be prepared and
published by the local authority which shall display the same at
the notice board of office of the local authority and publish in two
local newspapers, one of which shall be in the vernacular
language.
(9) The local authority, within fifteen days of final publication
of list of insaitary latrines, shall serve a notice on the occupier of
the insanitary latrine to either demolish such insanitary latrine or
Survey of
Insanitary
Latrines
Clause (a) of
sub-section (1)
of section-4 of
the Act. Sub-
section-3 of
section 5 of the
Act.
( 38 )
convert it into a sanitary latrine within a period of six months from
the date of commencement of the Act.
(10) A copy of such notice referred to in sub-rule(9) shall be
sent to the inspector.
(11) The notice referred to in sub-rule(9) shall include
information regarding the schemes of the Central and State
Government which entitle the beneficiaries to incentives for the
demolition of insanitary latrines or conversion to sanitary latrines;
and other information regarding the eligibility to avail the benefits
under those Schemes and the procedure for availing such benefits.
(12) The Committee referred to in sub-rule(4) shall submit the
survey report to the District Magistrate, who, or any department
designated by him for this purpose, in turn, shall submit the
consolidated repoits of all local authorities under his jurisdiction
to State Level Survey Committee.
(13) State Level Survey Committee shall furnish the report of
the survey to the Central Ministry/Department dealing with the
Schemes of conversion of insanitary latrines into sanitary latrines
for the urban and rural areas..
(14) The eligible beneficiaries under the relevant Schemes of
the Central or State Government may apply for the admissible
financial assistance under such schemes.
(15) After the expiry of the period under sub-rule (9), the local
authority shall have the premises of the occupier of insanitary
latrine inspected.
(16) If the occupier has neither demolished nor converted the
insanitary latrine into a sanitary latrine, the local authority shall
order for its demolition and recover the cost from the occupier as
arrears of land revenue.
CHAPTER-IV
SURVEY OF MANUAL SCAVENGERS
Survey of
Manual
Scavengers
Sub-
sections
(2), ( 4)
and (6) of
section 1];
sub-
section( 1 )
11. (1) The local authority shall ensure that the persons
conducting the survey of manual scavengers shall be adequately
and appropriately trained by the local authority on the method and
manner in which the survey shall be conducted and sensitized on
the issue of manual scavenging.
(2) The State Level Survey Committee and the District Level
Survey Committee shall carry out adequate campaigns at various
levels especially in all such areas where insanitary latrines have
been found during the survey of insanitary latrines.
(3) The local authority shall also associate community leaders
or non governmental orgainzations working for the welfare of
Safai Karmcharis or sanitary workers in identification of manual
( 39 )
of section
12; and
sub-
section (1)
of section
15 of the
Act.
scavengers.
(4) The local authority shall invite manual scavengers through
awareness campaigns to declare themselves at the self declaration
centres and have their details verified during a period and at places
which shall be notified by the local authority.
(5) The lists of manual scavengers, if provided by the non
governmental organizations or any other persons or agency, shall
be fully verified to identify manual scavengers.
(6) In case, there is discrepancy between the data of insanitary
latrines or the number of manual scavengers thrown up by any
person or organization, the local authority shall order a house-to-
house survey of insanitary latrines by the enumerators to know the
names of manual scavengers servicing those insanitary latrines.
(7) Local authority shall also make efforts to idenfity manual
scavengers by visiting the habitations of concentration of safai
karmcharis, sanitary workers or manual scavengers.
(8) Sample checks of the work done by the enumerators would
be carried out by overseers designated for the purpose by the local
authority, on the basis of random selection to the extent indicated
below:
(i) 100% check in villages.
(ii) 100% check in cities and towns having less than 1000
households with insanitary latrines.
(iii) 50% of the declarations, verified by each enumerator,
shall be checked in towns or cities having 1000 to 9999
households with insanitary latrines.
(iv) 33% of the declarations, verified by each enumerator,
shall be checked in towns/cities having 10000 or more
households with insanitary latrines.
(v) in categories (iii) and (iv), if sample check of the work
done by any. enumerator reveals an error of > 10%, a 100%
check of his work shall be carried out by the supervisor.
(9) Any person having objection either to the inclusion or
exclusion of any name in the provisional list of manual scavengers
in pursuance of Act, may within a period of fifteen days from the
provisional publication, file an objection in the prescribed format
specified by the concerned local authority.
(10) The local authorities shall also notify the manner of
publication of said list during the survey of manual scavengers
carried out under the act.
(11) The local authority shall get the objections enquired into
and hold a meeting, if necessary to finalise the list of manual
scavengers in its jurisdiction.
( 40 )
(12) After publication of the final list by the local authority no
claim or objection on the list shall be accepted for being included
or excluded in the list, provided that the manual scavenger shall be
entitled to give self-declaration about his being a manual
scavenger.
(13) The District Magistrate shall notify a designated officer
not below Tehlisdar or Block Development Officer for inquiring
into claims and objections received and giving their findings and
the inquiry conducted by the designated authority shall ensure that
(i) the claimant or objector is given adequate opportunity to be
heard;
(ii) the claimant or objector is given not less than seven days
notice about the date of summary hearing as provided under sub-
rule (15);
(iii) the claimant or objector shall be allowed to support his
claim with documentary evidence, if any, as provided under sub-
rule (14);
(iv) the claimant or objector shall have the right to be
represented by a lawyer, Non Governmental Organization, or a
friend; and
(v) the claimant or objector shall be given a copy of the order
passed by the designated authority as provided under sub-rule
(20).
(14) Forms for filing claims and objections under these rules
shall be made available to the applicants free of charge on demand
at the designated place, as also through the website of the local
authority and the claimant or objector may support his claim with
documentary evidence, if any. (15) Summary hearings shall be
conducted by officers designated by the local authority.
(16) The officer designated to verify the claims may order
fresh verification, if necessary.
(17) After summary hearing and such further verification (if
ordered), the officer would pass an appropriate order, accepting or
rejecting the claim or objection, as the case may be and a copy of
the order would be given to the persons concerned.
(18) After settlement of claims and objections by the
designated authority, the local authority shall carry out necessary
corrections in the draft list and transmit it to the District Level
Survey Committee for its consideration.
(19) The District Level Survey Committee shall cause
compilation of list of manual scavengers received from each local
authority, town and prepare a list of manual scavengers for the
district which the District Collector will forward to the State
( 41 )
Government.
(20) The State Govemment shall have the lists of manual
scavengers recevied from various districts, compiled and prepare a
consolidated State list of manual scavengers.
(21) Any person working as a manual scavenger, may self
declare either during the survey undertaken by the local authority,
or any time thereafter, apply to the Chief Executive Officer of the
local authority, or to any other officer authorised by him in this
behalf, for being identified as a manual scavenger in the
prescribed Proforma. Format of the application is given at
Annexure-!1
(22) There shall be no minimum age limit for identification of
manual scavenger, and there shall be no restriction regarding the
caste or religion or income or gender for being identified as
manual scavenger.
(23) For the purposes of sub-rule (22), a person should have
been engaged or employed as manual scavenger at the
commencement of the Act or thereafter and should have worked
as such continuously for not less than three months.
(24) A provisional list of identified manual scavengers as
verified by the Overseers, shall be published by the concerned
local authority in local newspapers and displayed in its own office
and at such other places as deemed appropriate.
(25) A copy of the provisional list shall be made available to
members of the local authority and the non Governmental
organizations or community leader of Safai Karamcharis or
sanitary workers.
(26) While publishing the provisional list, the local authority
shall call upon members of the public to file claims and objections
vis-a-vis, the list, within a period, not less than 15 days, in a
proforma notified by the local authority.
(27) After the approval of the final list by the District level
Survey Committee, it shall be duly published at the notice boards
of concerned offices and the final list shall also be uploaded on the
website of the District administration and the State Govemment.
12. The identified manual scavengers, one from each family,
shall be eligible for receiving cash assistance of Rs. 40,000
immediately after identification. The beneficiary shall be allowed
to withdraw the amount in monthly instalments of maximum of
Rs. 7,000. The said cash assistance amount shall be given by the
Central Government under the Central Sector Self Employment
Scheme for Rehabilitation of Manual Scavengers.
Intial, one
tome, cash
assistance sub-
clause(ii) of
clause(a) of
sub-section(1)
of section 13 of
the Act.
CHAPTER-V
( 42 )
POWERS OF THE INSPECTOR
(1) If an inspector has reason to believe th: an offence under
the Act as defined under section 5, sub-section (2) of section 6 or
section 7 of the Act has, or is, or is likely to take place, he shall
conduct inspection, investigation or enquiry.
Powers of the
Inspector
(2) If the offence pertains to the construction, maintenance or
use of an insanitary latrine, the inspector shall report to the local
authority, which shall thereafter take action as per the provisions
of the Act.
(3) If the offence pertains to the employment of manual
scavengers, the inspector shall send a report to the local authority
as well as the District Magistrate.
(4) The local authority shall take steps to include the name of a
manual scavenger found to be employed in the final list of manual
scavengers, whether during survey or any time thereafter, and
once the name of a manual scavenger is added to the final list, the
manual scavengers shall be rehabilitated under the provisions of
the Act.
(5) If it appears to the inspector that hazardous cleaning of
sewer or septic tanks is being resorted to, the inspector shall order
to stop such hazardous cleaning forthwith and shall report the
matter to the local authority.
(6) The inspector may examine any structure, site, place or
premises within his jurisdiction, when there are reasons to believe
that any such premises is being used or has been used or about to
be used for hazardous cleaning of sewer or septic tank.
(7) The inspector may take on the spot or otherwise such
evidence of any person which he may consider necessary for the
purpose of any examination or enquiry connected with insanitary
latrines or hazardous cleaning of sewer or septic tank:
Provided that such person shall not be compelled to answer any
question or give any such evidence tending to incriminate him.
(8) The inspector may take or caused to be taken any
photograph, video clip, sample, record or make any sketch by
using any device including electronic device as he may consider
necessary for the purpose of any examination or enquiry under
these rules.
(9) On finding that a local authority, person or agency is
engaging in or employing a person in hazardous cleaning, the
inspector shall instruct such authority, person or agency to stop
such undertaking of cleaning immediately and shall serve a notice
in writing in this regard in Form annexed as annexure- Ill to these
rules.
Clause (e) of
sub-section(2)
of section 20 of
the Act.
( 43 )
CHAPTER-VI
STATE MONITORING COMMITTEE
(1) The State Monitoring Committee shall meet atleast once in
six months on such dates and times as may be appointed by the
Chairperson.
(2) The meeting shall normally be held at the State
headquarters.
(3) Where the Committee finds it necessary to hold the meeting
at any other place, for the reasons to be recorded in writing, such
meetings may be held at other places, within the State.
(4) Member-Secretary shall cause a notice of minimum ten
days issued to all the members of the Committee and also send the
list of business to be considered during the meeting
(5) No business, which is not included in the list of business,
shall be considered, without the permission of the Chairperson.
(6) The Chairperson shall preside over each meeting at which
he is present, and in his absence, members may elect the senior-
most member present to be Chairperson to preside over the
meeting. ;
(7) No business shall be transacted at a meeting unless atleast
one third of the total members of the Committee are present:
Provided that if at any meeting, less than one third of the
members are present, the Chairman may adjourn the meeting to
a date not less than seven days from the date of the meeting,
informing the members present and sending registered notice
to the other members.
(8) Business at the adjourned meeting shall be disposed
irrespective of the quoram.
(9) The proceedings of each meeting shall be circulated to all
members present and shall be read out and confirmed at the next
meeting of the Committee, and shall be signed by the Chairperson.
(10) The minutes shall be recorded in a minute book which
shall be kept as a permanent record.
(11) A copy of the minutes shall be endorsed to the Central
Government for the information of the Central Monitoring
Committee.
By order,
SUNIL KUMAR,
Pramukh Sachiv
State
Monitoring
Committee
Sub-section 2
of section 26 of
the Act.
------
Annexur I
( 44 )
(See rule 7)
First Aid Facilities
The first-aid box shall be distinctly marked with a red cross on
white back ground. At every work place there shall be provided
and maintained, so as to be easily accessible during working
hours, not less than one first-aid box for 150 employees.
(a) For work places in which the number of employees employed
does not exceed 50, each first-aid box shall contain the following
equipments:
1. 6 small sterilised dressings
2. 3 medium size sterilised dressings
3. 3 large size sterilised burn dressings
4. 3 large sterilised burn dressings
5. 1 (30 ml.) bottle containing a two percent alcoholic
solution iodine
6. (30 ml.) bottle containing salvolatile having the dose and
mode of administration indicated on the label
7. 1 snakebite lancet
8. 1 (30 gms.) bottle of potassium permanganate crystals
9. 1 pair scissors
10. 1 copy of the first-aid leaflet issued by the Director
General, Factory Advice Service and Labour Institutes,
Government of India in
11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin:
12. Ointment for burns
13. A bottle of suitable surgical antiseptic solution
(b) For Work places in which the number of employees exceeds
50, each first-aid box shall contain the following equiments:
1. 12 small sterilised dressings.
2. medium size sterilised dressings.
3. 6 large size sterilised dressings.
4. 6 large size sterilised burn dressitigs.
5. 6 (ISgms.) packets sterilised cotton wool.
6. 1 (60 ml.) bottle containing a two percent alcoholic
solution iodine.
7. 1 (60 ml.) bottle containing salvolatile having the dose and
mode of administration indicated on the label.
8. I roll of adhesive plaster.
9. 1 snake bite lancet.
10. 1 (30 gms.) bottle of potassium permanganate crystals.
11. 1 pair scissors.
12. 1 copy of the first-aid leaflet Issued by the Director
General Factory Advice Service and Labour Institutes
( 45 )
Government of India.
13. A bottle containing 100 tablets (each of 5 gms.) of aspirin,
14. Ointment for burns.
14. A bottle of suitable surgical antiseptic solution.
(c) Adequate arrangements shall be made for immediate
recoupment of the equipment, when necessary.
(d) The first-aid box shall be kept in charge of a responsible
person who shall always be readily available during the
working hours of the work place.
(e) A person in charge of the First-aid box shall be a person
trained in first-aid treatment, in the work places where the
number of employees employed is 150 or more.
(f) In work places where the nu?ber of employees employed is
500 or more and hospital facilities are not available within
easy distance from the work place, first-aid posts shall be
established and . run by a trained compounder and he shall be
on duty and shall be available at all hours when the workers
are at work.
(g) Where work places are situated in places which are not towns
or cities, a suitable motor transport shall be kept readily
available to carry injured person or person suddenly taken ill
to the nearest hospital.
(h) The first-aid box shall not contain any equipment or
substance other than those mentioned in clauses (a) and (b)
above.
( 46 )
Annexur-II
{See rule 11(2)}
Self Declaration Form
(Office Use)
Indentification of the persons engaged in manual scavenging
Name of the State:
Distict
Muncipality:............... Town ............... Ward: ...............
Family Photo of the person engaged in manual secavenging
(Picture post card size photograph 6"x4")
1. Name of the person engaged in manual secavenging: ......................................
2. Name of Father/Mother/Spouse: .......................................................................
3. Age ..............................
4. Sex: Male Female
5. Educational Status : (Put a mark in the appropriate box)
(i) a) Literate (b) Not Literate
(ii) if literate level of education
Studied class 1-5 Class 6-10
Class 11-12 Class above 12
6. Occupation
(i) Carrying/disposing/cleaning of human excrate mannualy from insanitary
laterine
(ii) Cleaning untreated human excreta manually from (a) open drain
(a) Open drain (b) Railway Track
(c) Pit latrine
7. Status of Employment:-
I. Employed in :
(a) Private:
(i) Individual Household (ii) Community/Group of Household
(iii) Contractor (iv) Institution like hospital, office etc
Photo of the person
engaged in manual
ecavenging
( 47 )
(v) Others (Specify) .........................
(b) Central Government (c) State Government
(d) Municipal Corporation
II. Employed on:
(a) Permanent basis (b) Temprorary Basis
(c) Contract basis (d) Jajmani
8. How long you have been in this occupation ..........................
9. Social Background:
(a) Whethre SC/ST/OBCs/Others
(b) Caste (c) Sub Caste
(d) Religion
10. (a) Have you received any benefit from the government regabilitation schemes?
(Put a mark in the appropriate box)
Yes No
(b) If yes, name of the scheme (Put a mark in the appropriate box)
Name of the Schemes Rupees
(1) National Scheme for liberation and regabiliation
of scavengers
(2) Self Employment Scheme for regabiliation for
manual scavengers
(3) Any other
[Please specify the name of Scheme(s)]
(c) If yes, whether project funded through above shceme is running:
Yes No If yes, monthly income (Rs)
(d) Not known
11. (a) Are you engaged in any occupation other than scavenging? Yes / No.
(b) If yes, specify:______________
12. Any other skill you ppossess:
(i) Construction (ii) Carpentry
(iii) Driving (iv) Cooking
(v) Tailoring (vi) Any other specify ________
13. Alternative occupation proposed (Please specify) _____________
Name and address of the preson engaged in mannal scavenging_____________
________________________________________ Pin Code ___________________
( 48 )
Contact Telephone/Mobile No.
Signature/Thumb Impression of the
person engaged in manual scavenging
___________________
Name and date_________________
Signature of Enumeratore________
name and date (with code no.)____
Signature of Date Entry Operator
___________________
Name and date (with code No.)________
Signature of Supervisor______________
name and date (with code no.)________
Details of Insanitary Latrine
1. Details of individual Insanitary Latrine (IIL)
S.
No.
Name of the owner
Insanitary Latrine
Location of the monthly salary/wages
of the mannual
scavenger (Rs)
Dry
Latrine
Latrine from
which excreta is
being flushed
into open drain
In Cash In Food
grains etc.
Total Number of the Individual Insanitary Lartrines cleaned by the person engaged in
manual scavenging:
(Note: Please give detailed descriprorror the individual Insanitary Làrtrines cleaned by
the person engaged in manual scavenging. In case you need to write extra information
kindly photocopy this page and attach with the survey form)
2. Details of Community Insanitary Latrine (CIL)
S.
No.
Name of the owner
(Organization/Agency) of
Community
Insanitary Latrine
Location of the monthly salary/wages
of the mannual
scavenger (Rs)
Dry
Latrine
Latrine from
which excreta is
being flushed
into open drain
In Cash In Food
grains etc.
3. Details of Open Drains (OD)/Railway Tracks/Other Spaces:
S.
No.
Location of Open Drain/Railway Tracks/other
spaces in which excreta from the insanitary
latrines is being flushed
monthly salary/wages of the
mannual scavenger (Rs)
In Cash In Food grains
etc.
( 49 )
(Note: If the number of involved manual scavengers in OD is more than one, please fill
up a separate form for each of the person engaged in manual scavenging)
Annexure-III
{See rule 13(9)}
Office of the Inspector u/s 20 of the Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act, 2013, _______________(Area name).
Notice
(under rule 13(9) of the Prohibition of Employment as Manual Scavengers and their
Reliabilitation Rules 2014)
Ref.....................
To, date.....................
__________________
__________________
__________________
Subject: Notice under the Prohibition of Employment as Manual Scavengers and
their Rehabilitation Act, 2013 (hereinafter the Act) and the Prohibition of
Employment as Manual and their Rehabilitation Rules, 2014 (hereinafter
the Rules): Hazardous cleaning of sewers and septic tanks
Whereas, Section 7 of the Act provides that no person, local authority or any agency
shall, from such date as the State Government may notify, which shall not be later
than one year from the date of commencement of this Act, engage or employ, either
directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank;
and whereas, the __________ (name of State) Government has notified the date of
enforcement of the provisions of Section 7 of the Act as _____________ (date of
effect); and whereas, cleaning of sewers and septic tanks is regulated under the
provision of rules 3 to _____________ of the Rules;
and whereas, you have been noticed to have violated the provisions of Section 7,
read with Section 2(1)(d) of the said Act and the rule __________ (rule number)
made thereunder, as per the following details:
(i) Place of violation _______________
(ii) Date of violation _______________
(iii) Violation details _______________
( 50 )
2. You are requested to show cause as to why action against you under
Section _______________ of the Act be not initiated. You are requested to submit
your clarifications in writing by ______________ (date) or appear in person in my
office on _______________ at _______________
3. In case you fail to submit the necessary clarification or you or your
representative fails to appear on the specified day and time, it shall be deemed that
you have nothing to say in the matter and the undersigned shall be free to take action
in accordance with the provisions of the Act and the Rules.
Date ..................
Place..................
Name and designation of the
Inspector
About this act
- Jurisdiction
- Uttar Pradesh
- Enactment date
- 2013-09-18
- Sections available
- Document reader
Commencement information from the source
06-12-2013
India Code, Government of India. Text fetched 14 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.