The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Social Justice and Empowerment
Section
Section 21 Offences to be tried by Executive Magistrate.
(1) The State Government may confer, on an Executive Magistrate, the powers of aJudicial Magistrate of the first class for the trial of offences under this Act; and, on suchconferment of powers, the Executive Magistrate, on whom the powers are so conferred, shallbe deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a Judicial Magistrateof the first class.
(2) An offence under this Act may be tried summarily.
(2) An offence under this Act may be tried summarily.
Section 22 Offence to be cognizable and non-bailable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),every offence under this Act shall be cognizable and non-bailable.
Section 23 Offences by companies.
(1) Where an offence under this Act has been committed by a company, everyperson who, at the time the offence was committed, was in charge of, and was responsible to,the company for the conduct of the business of the company, as well as the company, shallbe deemed to be guilty of the offence and shall be liable to be proceeded against andpunished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where any offence underthis Act has been committed by a company and it is proved that offence has been committedwith the consent or connivance of, or is attributable to, any neglect on the part of, anydirector, manager, secretary or other officer of the company, such director, manager, secretaryor other officer shall be deemed to be guilty of that offence and shall be liable to be proceededagainst and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other associationof individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
(2) Notwithstanding anything contained in sub-section (1), where any offence underthis Act has been committed by a company and it is proved that offence has been committedwith the consent or connivance of, or is attributable to, any neglect on the part of, anydirector, manager, secretary or other officer of the company, such director, manager, secretaryor other officer shall be deemed to be guilty of that offence and shall be liable to be proceededagainst and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other associationof individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Section 24 Vigilance Committees.
(1) Every State Government shall, by notification, constitute a Vigilance Committeefor each district and each Sub-Division.
(2) Each Vigilance Committee constituted for a district shall consist of the followingmembers, namely:—
(a) the District Magistrate—Chairperson, ex officio;
(b) all members of the State Legislature belonging to the Scheduled Casteselected from the district—members:
Provided that if a district has no member of the State Legislature belonging tothe Scheduled Castes, the State Government may nominate such number of othermembers of the State Legislature from the district, not exceeding two, as it may deemappropriate.
(c) the district Superintendent of Police— member, ex officio;
(d) the Chief Executive Officer of,—
(i) the Panchayat at the district level—member, ex officio;
(ii) the Municipality of the district headquarters—member, ex officio;
(iii) any other Municipal Corporation constituted in the district—member, ex officio;
(iv) Cantonment Board, if any, situated in the district—member,ex officio;
(e) one representative be nominated by the railway authority located in thedistrict;
(f) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the district, to be nominated by theDistrict Magistrate, two of whom shall be women;
(g) one person to represent the financial and credit institutions in the district, tobe nominated by the District Magistrate;
(h) the district-level officer in-charge of the Scheduled Castes Welfare—Member-Secretary, ex officio;
(i) district-level officers of Departments and agencies who, in the opinion of theDistrict Magistrate, subject to general orders, if any, of the State Government, have asignificant role to play in the implementation of this Act.
(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of thefollowing members, namely:—
(a) the Sub-Divisional Magistrate—Chairperson, ex officio;
(b) the Chairpersons and the Chief Executive Officers of Panchayats atintermediate level of the Sub-Division, and where Panchayats at intermediate level, donot exist, Chairpersons from two Panchayats at Village level to be nominated by theSub-Divisional Magistrate—member, ex officio;
(c) the Sub-Divisional Officer of Police—member, ex officio;
(d) Chief Executive Officer of—
(i) the Municipality of the Sub-Divisional headquarters—member,ex officio; and
(ii) Cantonment Board, if any, situated in the Sub-Division—member,ex officio;
(e) one representative to be nominated by the railway authority located in the Sub-Division—member, ex officio;
(f) two social workers belonging to the organisation working for the prohibitionof manual scavenging and rehabilitation of the manual scavengers, or representing thescavenger community resident in the Sub-Division, to be nominated by the DistrictMagistrate, one of whom shall be a woman;
(g) one person to represent the financial and credit institutions in theSub-Division, to be nominated by the Sub-Divisional Magistrate;
(h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare—Member-Secretary, ex officio;
(i) Sub-Divisional level officers of Department and agencies who in the opinionof the Sub-Divisional Magistrate, subject to any general orders of the State Governmentor the District Magistrate, have a significant role to play in the implementation of thisActmember, ex officio.
(4) Each Vigilance Committee constituted at district and Sub-Divisional level shallmeet at least once in every three months.
(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of anydefect in its constitution.
(2) Each Vigilance Committee constituted for a district shall consist of the followingmembers, namely:—
(a) the District Magistrate—Chairperson, ex officio;
(b) all members of the State Legislature belonging to the Scheduled Casteselected from the district—members:
Provided that if a district has no member of the State Legislature belonging tothe Scheduled Castes, the State Government may nominate such number of othermembers of the State Legislature from the district, not exceeding two, as it may deemappropriate.
(c) the district Superintendent of Police— member, ex officio;
(d) the Chief Executive Officer of,—
(i) the Panchayat at the district level—member, ex officio;
(ii) the Municipality of the district headquarters—member, ex officio;
(iii) any other Municipal Corporation constituted in the district—member, ex officio;
(iv) Cantonment Board, if any, situated in the district—member,ex officio;
(e) one representative be nominated by the railway authority located in thedistrict;
(f) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the district, to be nominated by theDistrict Magistrate, two of whom shall be women;
(g) one person to represent the financial and credit institutions in the district, tobe nominated by the District Magistrate;
(h) the district-level officer in-charge of the Scheduled Castes Welfare—Member-Secretary, ex officio;
(i) district-level officers of Departments and agencies who, in the opinion of theDistrict Magistrate, subject to general orders, if any, of the State Government, have asignificant role to play in the implementation of this Act.
(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of thefollowing members, namely:—
(a) the Sub-Divisional Magistrate—Chairperson, ex officio;
(b) the Chairpersons and the Chief Executive Officers of Panchayats atintermediate level of the Sub-Division, and where Panchayats at intermediate level, donot exist, Chairpersons from two Panchayats at Village level to be nominated by theSub-Divisional Magistrate—member, ex officio;
(c) the Sub-Divisional Officer of Police—member, ex officio;
(d) Chief Executive Officer of—
(i) the Municipality of the Sub-Divisional headquarters—member,ex officio; and
(ii) Cantonment Board, if any, situated in the Sub-Division—member,ex officio;
(e) one representative to be nominated by the railway authority located in the Sub-Division—member, ex officio;
(f) two social workers belonging to the organisation working for the prohibitionof manual scavenging and rehabilitation of the manual scavengers, or representing thescavenger community resident in the Sub-Division, to be nominated by the DistrictMagistrate, one of whom shall be a woman;
(g) one person to represent the financial and credit institutions in theSub-Division, to be nominated by the Sub-Divisional Magistrate;
(h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare—Member-Secretary, ex officio;
(i) Sub-Divisional level officers of Department and agencies who in the opinionof the Sub-Divisional Magistrate, subject to any general orders of the State Governmentor the District Magistrate, have a significant role to play in the implementation of thisActmember, ex officio.
(4) Each Vigilance Committee constituted at district and Sub-Divisional level shallmeet at least once in every three months.
(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of anydefect in its constitution.
Section 25 Functions of Vigilance Committee.
The functions of Vigilance Committee shall be—
(a) to advise the District Magistrate or, as the case may be, the Sub-DivisionalMagistrate, on the action which needs to be taken, to ensure that the provisions of thisAct or of any rule made thereunder are properly implemented;
(b) to oversee the economic and social rehabilitation of manual scavengers;
(c) to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the rehabilitation of manual scavengers;
(d) to monitor the registration of offences under this Act and their investigationand prosecution
(a) to advise the District Magistrate or, as the case may be, the Sub-DivisionalMagistrate, on the action which needs to be taken, to ensure that the provisions of thisAct or of any rule made thereunder are properly implemented;
(b) to oversee the economic and social rehabilitation of manual scavengers;
(c) to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the rehabilitation of manual scavengers;
(d) to monitor the registration of offences under this Act and their investigationand prosecution
Section 26 State Monitoring Committee.
(1) Every State Government shall, by notification, constitute a State MonitoringCommittee, consisting of the following members, namely:—
(a) the Chief Minister of State or a Minister nominated by him—Chairperson,ex officio;
(b) the Minister-in-charge of the Scheduled Castes Welfare, and such otherDepartment, as the State Government may notify;
(c) Chairperson of the State Commissions for Safai Karamcharis, and ScheduledCastes, if any— member, ex officio;
(d) representatives of the National Commission for Scheduled Castes, and SafaiKaramcharis— member, ex officio;
(e) not less than two members of the State Legislature belonging to the ScheduledCastes, nominated by the State Government:
Provided that if any State Legislature has no member belonging to theScheduled Castes, the State Government may nominate the members belonging to theScheduled Tribes;
(f) the Director-General of Police— member, ex officio;
(g) Secretaries to the State Government in the Departments of Home, PanchayatiRaj, Urban Local Bodies, and such other Departments, as the State Government may notify;
(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat atthe district-level, Cantonment Board and railway authority as the State Governmentmay notify;
(i) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the State, to be nominated by theState Government, two of whom shall be women;
(j) State-level head of the convener Bank of the State Level Bankers Committee—member, ex officio;
(k) Secretary of the Department of the State Government dealing withdevelopment of the Scheduled Castes—Member-Secretary, ex officio;
(l) such other representative of Departments of the State Government and suchother agencies which, in the opinion of the State Government, are concerned with theimplementation of this Act.
(2) The State Monitoring Committee shall meet at least once in every six months andshall observe such rules of procedure in regard to the transaction of business at its meetingsas may be prescribed.
(a) the Chief Minister of State or a Minister nominated by him—Chairperson,ex officio;
(b) the Minister-in-charge of the Scheduled Castes Welfare, and such otherDepartment, as the State Government may notify;
(c) Chairperson of the State Commissions for Safai Karamcharis, and ScheduledCastes, if any— member, ex officio;
(d) representatives of the National Commission for Scheduled Castes, and SafaiKaramcharis— member, ex officio;
(e) not less than two members of the State Legislature belonging to the ScheduledCastes, nominated by the State Government:
Provided that if any State Legislature has no member belonging to theScheduled Castes, the State Government may nominate the members belonging to theScheduled Tribes;
(f) the Director-General of Police— member, ex officio;
(g) Secretaries to the State Government in the Departments of Home, PanchayatiRaj, Urban Local Bodies, and such other Departments, as the State Government may notify;
(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat atthe district-level, Cantonment Board and railway authority as the State Governmentmay notify;
(i) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the State, to be nominated by theState Government, two of whom shall be women;
(j) State-level head of the convener Bank of the State Level Bankers Committee—member, ex officio;
(k) Secretary of the Department of the State Government dealing withdevelopment of the Scheduled Castes—Member-Secretary, ex officio;
(l) such other representative of Departments of the State Government and suchother agencies which, in the opinion of the State Government, are concerned with theimplementation of this Act.
(2) The State Monitoring Committee shall meet at least once in every six months andshall observe such rules of procedure in regard to the transaction of business at its meetingsas may be prescribed.
Section 27 Functions of the State Monitoring Committee.
The functions of the State Monitoring Committee shall be—
(a) to monitor and advise the State Government and local authorities for effectiveimplementation of this Act;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental thereto or connected therewith forimplementation of this Act.
(a) to monitor and advise the State Government and local authorities for effectiveimplementation of this Act;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental thereto or connected therewith forimplementation of this Act.
Section 28 Duty of States or Union territories to send periodic reports to the Central Government.
Every State or Union territory Government and Union territory administration shallsend such periodic reports to the Central Government about progress of implementation ofthis Act, as the Central Government may require.
Section 29 Central Monitoring Committee. 6 docs
(1) The Central Government shall, by notification, constitute a Central MonitoringCommittee in accordance with the provisions of this section.
(2) The Central Monitoring Committee shall consist of the following members,namely:—
(a) The Union Minister for Social Justice and Empowerment—Chairperson,ex officio;
(b) Chairperson of the National Commission for Scheduled Castes—member,ex officio;
(c) Minister of State in the Ministry of Social Justice and Empowerment—member, ex officio;
(d) Chairperson, National Commission for Safai Karamcharis—member, ex officio;
(e) the Member of the Planning Commission dealing with development of theScheduled Castes— member, ex officio;
(f) three elected members of Parliament belonging to Scheduled Castes, two fromthe Lok Sabha and one from the Rajya Sabha;
(g) Secretaries of the Ministries of,—
(i) Social Justice and Empowerment, Department of Social Justice andEmpowerment;
(ii) Urban Development;
(iii) Housing and Urban Poverty Alleviation;
(iv) Drinking Water and Sanitation;
(v) Panchayati Raj;
(vi) Finance, Department of Financial Services; and
(vii) Defence,
members, ex officio;
(h) Chairman, Railway Board—member, ex officio;
(i) Director-General, Defence Estates—member, ex officio;
(j) representatives of not less than six State Governments and one Union territory,as the Central Government may, notify;
(k) not more than six social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the country, to be nominated bythe Chairperson, two of whom shall be women;
(l) Joint Secretary, Department of Social Justice and Empowerment in theMinistry of Social Justice and Empowerment, looking after development of ScheduledCastes—Member-Secretary, ex officio;
(m) such other representatives of Central Ministries or Departments and agencieswhich, in the opinion of the Chairperson, are concerned with the implementation ofthis Act.
(3) The Central Monitoring Committee shall meet at least once in every six months.
(2) The Central Monitoring Committee shall consist of the following members,namely:—
(a) The Union Minister for Social Justice and Empowerment—Chairperson,ex officio;
(b) Chairperson of the National Commission for Scheduled Castes—member,ex officio;
(c) Minister of State in the Ministry of Social Justice and Empowerment—member, ex officio;
(d) Chairperson, National Commission for Safai Karamcharis—member, ex officio;
(e) the Member of the Planning Commission dealing with development of theScheduled Castes— member, ex officio;
(f) three elected members of Parliament belonging to Scheduled Castes, two fromthe Lok Sabha and one from the Rajya Sabha;
(g) Secretaries of the Ministries of,—
(i) Social Justice and Empowerment, Department of Social Justice andEmpowerment;
(ii) Urban Development;
(iii) Housing and Urban Poverty Alleviation;
(iv) Drinking Water and Sanitation;
(v) Panchayati Raj;
(vi) Finance, Department of Financial Services; and
(vii) Defence,
members, ex officio;
(h) Chairman, Railway Board—member, ex officio;
(i) Director-General, Defence Estates—member, ex officio;
(j) representatives of not less than six State Governments and one Union territory,as the Central Government may, notify;
(k) not more than six social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the country, to be nominated bythe Chairperson, two of whom shall be women;
(l) Joint Secretary, Department of Social Justice and Empowerment in theMinistry of Social Justice and Empowerment, looking after development of ScheduledCastes—Member-Secretary, ex officio;
(m) such other representatives of Central Ministries or Departments and agencieswhich, in the opinion of the Chairperson, are concerned with the implementation ofthis Act.
(3) The Central Monitoring Committee shall meet at least once in every six months.
Section 30 Functions of the Central Monitoring Committee.
The functions of the Central Monitoring Committee shall be,—
(a) to monitor and advise the Central Government and State Government foreffective implementation of this Act and related laws and programmes;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental to or connected with implementationof this Act.
(a) to monitor and advise the Central Government and State Government foreffective implementation of this Act and related laws and programmes;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental to or connected with implementationof this Act.
Section 31 Functions of National Commission for Safai Karamcharis.
(1) The National Commission for Safai Karamcharis shall perform the followingfunctions, namely:—
(a) to monitor the implementation of this Act;
(b) to enquire into complaints regarding contravention of the provisions of thisAct, and to convey its findings to the concerned authorities with recommendationsrequiring further action; and
(c) to advise the Central and the State Governments for effective implementationof the provisions of this Act.
(d) to take suo motu notice of matter relating to non-implementation of this Act.
(2) In the discharge of its functions under sub-section (1), the National Commissionshall have the power to call for information with respect to any matter specified in that sub-sectionfrom any Government or local or other authority.
(a) to monitor the implementation of this Act;
(b) to enquire into complaints regarding contravention of the provisions of thisAct, and to convey its findings to the concerned authorities with recommendationsrequiring further action; and
(c) to advise the Central and the State Governments for effective implementationof the provisions of this Act.
(d) to take suo motu notice of matter relating to non-implementation of this Act.
(2) In the discharge of its functions under sub-section (1), the National Commissionshall have the power to call for information with respect to any matter specified in that sub-sectionfrom any Government or local or other authority.
Section 32 Power of State Government to designate an appropriate authority to monitor the implementation of this Act.
(1) The State Government may, by notification, designate a State Commission forSafai Karamcharis or a State Commission for the Scheduled Castes or such other statutory orother authority, as it deems fit, to perform, within the State, mutatis mutandis, the functionsspecified in sub-section (1) of section 31.
(2) An authority designated under sub-section (1) shall, within the State, have,mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specifiedin sub-section (2) of section 31.
(2) An authority designated under sub-section (1) shall, within the State, have,mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specifiedin sub-section (2) of section 31.
Section 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 appropriatetechnological appliances for cleaning of sewers, septic tanks and other spaces within theircontrol with a view to eliminating the need for the manual handling of excreta in the processof their cleaning.
(2) It shall be the duty of the appropriate Government to promote, through financialassistance, incentives and otherwise, the use of modern technology, as mentioned in sub-section(1).
(2) It shall be the duty of the appropriate Government to promote, through financialassistance, incentives and otherwise, the use of modern technology, as mentioned in sub-section(1).
Section 34 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against an appropriateGovernment or any officer of the appropriate Government or any member of the Committeefor anything which is in good faith done or intended to be done under this Act.
Section 35 Jurisdiction of civil courts barred.
No civil court shall have jurisdiction in respect of any matter to which any provisionof 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.
Section 36 Power of appropriate Government to make rules.
(1) The appropriate Government shall, by notification, make rules for carrying outthe provisions of this Act, within a period not exceeding three months from the date ofcommencement of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;
(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 listthereof under clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (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 publicationof 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 scavengersunder subsection (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 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 section20; 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 maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe 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 ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice 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 beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;
(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 listthereof under clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (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 publicationof 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 scavengersunder subsection (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 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 section20; 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 maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe 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 ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice 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 beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.
Section 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 theguidance and use of State Governments; and
(b) in case the State Government fails to notify the rules under section 36 of thisAct within the period of three months specified therein, then the model rules as notifiedby 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, assoon as may be after they are made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses make any modification in therule, the rule shall thereafter have effect only in such modified form; so, however, that anysuch modification shall be without prejudice to the validity of anything previously doneunder that rule.
(a) the Central Government shall, by notification, publish model rules for theguidance and use of State Governments; and
(b) in case the State Government fails to notify the rules under section 36 of thisAct within the period of three months specified therein, then the model rules as notifiedby 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, assoon as may be after they are made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses make any modification in therule, the rule shall thereafter have effect only in such modified form; so, however, that anysuch modification shall be without prejudice to the validity of anything previously doneunder that rule.
Section 38 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order published in the Official Gazette, make such provisions, notinconsistent with the provisions of this Act, as may appear to it to be necessary or expedientfor the removal of the difficulty:
Provided that no such order shall be made in relation to a State after the expiration ofthree years from thecommencement of this Act in that State.
(2) Every order made under this section shall, as soon as may be after it is made, be laidbefore each House of Parliament.
Provided that no such order shall be made in relation to a State after the expiration ofthree years from thecommencement of this Act in that State.
(2) Every order made under this section shall, as soon as may be after it is made, be laidbefore each House of Parliament.
Section 39 Power to exempt.
(1) The appropriate Government may, by a general or special order published in theOfficial 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 orfrom any specified requirement contained in this Act or any rule, order, notification, bye-lawsor scheme made thereunder or dispense with the observance of any such requirement in aclass 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 maybe after it is made, before each House of Parliament or each House of State Legislature, wherethere are two Houses and where there is one House of State Legislature, before that House.
(2) Every general or special order made under this section shall be laid, as soon as maybe after it is made, before each House of Parliament or each House of State Legislature, wherethere are two Houses and where there is one House of State Legislature, before that House.