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THE NATIONAL COMMISSION FOR SAFE KARAMCHARIS ACT, 1993 |
[4th September, 1993]
An Act to constitute a National Commission for Safari 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
PRELIMINARY
1.Short title, extent, application, commencement, duration and savings.- (1) This Act may be called the National Commission for Safe Karamcharis 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 date as the Central Government may, by notification in the Official Gazette, appoint.
(4) It shall cease to have effect after the 31st day of March, 1997, 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section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by Central Act.
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 Safe Karamcharis constituted under section 3;
(c) “Member” means a Member of the Commission;
(d) “Prescribed” means prescribed by rules made under this Act;
(e) “Safe 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.
CHAPTER II
THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS
3.Constitution of the National Commission for Safai Karamcharis.- (1) The Central Government shall be 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 function assigned to it under this Act,
(2) The Commission shall consist to
(a) a Chairperson;
(b) a Vice-Chairperson;
(c) five members,
to be nominated, form amongst the persons on eminence connected with the socio-economic development and welfare of Safai Karamcharis by the Central
Government;
Provided that at least one of the Member shall be a woman.
4.Term of office and conditions of service of Chairperson, Vice-Chairperson and 134 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.
(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) in convicted and sentenced to imprisonment for an offense which in the opinion of the Central Government, involves moral turpitude;
© 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 Members 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
unexplored 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.
5.Officers and other employees of title Commission.- (1) The Central Government shall be 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 to, 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.
6.Vacancy etc., and to invalidate the proceedings of 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 on the Commission.
7.Procedure to be regulated by the Commission.- (1) The Commission shall meet as and when necessary and shall meet at such time 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 officer of the Commission duly authorised by the Chairperson in this
behalf.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
8.Function and powers by 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 towards elimination of inequalities in status, facilities and opportunities for Safari
Karamcharis under a time-bound action plan;
(b) study and evaluate the implementation of the programmes and schemes relating to the social and economic rehabilitation of Safe Karamcharis and make
recommendations to the Central Government and State Government for better co-ordination and implementation of such programmes and schemes;
(c) investigate specific grievances and take us motto notice of matters relating to non-implementation of —
(i) programmes or schemes in respect of any group of Safe Karamcharis;
(ii) decisions, guidelines or instructions, aimed at mitigating the hardship of Safe Karamcharis;
(iii) measures for the social and economic upliftment of Safe Karamcharis;
(iv) the provisions of any law in its application to Safe Karamcharis,
and take up such matters with the concerned authorities or with the Central or State Governments;
(d) make periodical reports to the Central and State Governments on any matter concerning Safe Karamcharis, taking into account any difficulties or disabilities being
encountered by Safe 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 form any Government or local or other authority.
CHAPTER IV
MISCELLANEOUS
9.Chairperson , Vice Chairperson and Members and staff of the Commission to be public servants.- 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.
10.Central Government to consult Commissions.- The Central Government shall consult the Commission on all major policy matters affecting Staff Karamcharis.
11.Annual Report.- The Commission shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of
its activities during the previous financial year and forward a copy thereof to the Central Government.
12.Annual report to be laid before Parliament the Legislative Assembly.- (1) The Central Government shall cause the annual report to be laid before each House of
Parliament along with the memorandum explaining the action taken or proposed to be taken on the recommendations contained therein in so far as they relate to the
Central Government and the reasons for non-acceptance, if any, of any such recommendation.
(2) Where the said report or any part thereof relates to any matter with which a State Government is concerned , a copy of such report shall be forwarded to the
Govern of the State who shall cause it to be laid before the Legislature of the State who shall cause it to be laid before the Legislature of the State who shall cause it to
be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State
and the reasons for the non-acceptance, if any such recommendation or part.
13.Delegation of powers.- The Commission may, by general or special order, delegate to the Chairperson, Vice-Chairperson or any Member or to any officer of the
Commission subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this Act as it may deem fit.
14.Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Central Government.Commission, Chairperson,
Vice-Chairperson, Members or any officer or other employee of the Commission for anything which is in good faith done or intended to be done udder this Act.
15.Power to make rules.- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rues may provide for all or any of the following matters, namely:–
(a) salaries and allowances payable to, and other terms and conditions of service of , the Chairperson, Vice-Chairperson and Members under sub-section (5) of
section 4 and of officers and other employees of the Commission under sub-section (2) of section 5;
(b) the form in, and the time at, which the annual report shall be prepared under section 11;
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act 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 tow or more successive session, and if, before the expiry of the session immediately following the session or the
successive session 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 to be of no effect, as the case may be; so, however, Thai t any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
