Section 11 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Survey of manual scavengers in urban areas by Municipalities.
- (1)If any Municipality has reason to believe that some persons are engaged oremployed in manual scavenging within its jurisdiction, the Chief Executive Officer of suchMunicipality shall cause a survey to be undertaken to identify such persons.
- (2)The content and methodology of the survey referred to in sub-section (1) shall besuch as may be prescribed, and it shall be completed within a period of two months from itscommencement in the case of Municipal Corporations, and within a period of one month inthe case of other Municipalities.
- (3)The Chief Executive Officer of the Municipality, in whose jurisdiction the survey isundertaken, shall be responsible for accurate and timely completion of the survey.
- (4)After completion of the survey, the Chief Executive Officer shall cause to be drawnup a provisional list of persons found to be working as manual scavengers within thejurisdiction of his Municipality and fulfilling the eligibility conditions as may be prescribed,shall cause such provisional list to be published for general information in such manner, asmay be prescribed, and shall invite objections to the list from the general public.
- (5)Any person having any objection, either to the inclusion or exclusion of any namein the provisional list published in pursuance of sub-section (4), shall, within a period offifteen days from such publication, file an objection, in such form as the Municipality maynotify, to the Chief Executive Officer.
- (6)All objections received in pursuance of sub-section (5), shall be enquired into, andthereafter a final list of persons found to be working as manual scavengers within the locallimits of the municipality, shall be published by it in such manner, as may be prescribed.
- (7)As soon as the final list of manual scavengers, referred to in sub-section (6) ispublished, the persons included in the said list shall, subject to the provisions ofsub-section (2) of section 6, stand discharged from any obligation to work as manual scavengers.
Summary
- If a Municipality has reason to believe that people are engaged in manual scavenging within its limits, its Chief Executive Officer must start a survey to identify them.
- The survey must be finished within two months from its start for Municipal Corporations, and within one month for other Municipalities.
- The Chief Executive Officer of the Municipality is personally responsible for making sure the survey is completed accurately and on time.
- After the survey, the Chief Executive Officer must publish a provisional list of identified manual scavengers and invite public objections.
- Anyone can file an objection to a name being included or excluded from the provisional list within fifteen days of its publication.
- After investigating all objections, the Municipality must publish a final list, and those included are immediately freed from any obligation to work as manual scavengers.
Practical examples
FAQ
1. Who is responsible for starting and completing the survey of manual scavengers in urban areas?
The Chief Executive Officer of the Municipality is responsible for causing the survey to be undertaken and ensuring its accurate and timely completion.
2. What are the deadlines for completing the survey?
The survey must be completed within two months from its start in the case of Municipal Corporations, and within one month in the case of other Municipalities.
3. How much time does the public have to file objections to the provisional list?
Any person can file an objection to the inclusion or exclusion of any name within fifteen days from the date the provisional list is published.
4. What happens to a manual scavenger once the final list is published?
The persons included in the final list stand discharged from any obligation to work as manual scavengers, but full-time employees cannot be fired and must be given alternative work with the same pay.
5. Where are the rules for the survey content and methodology found?
They are prescribed by the rules made under this Act.
Test yourself
1.Under Section 11 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what is the deadline for completing a survey in a Municipal Corporation?
2.Under Section 11 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, how much time is allowed for any person to file an objection after the provisional list of manual scavengers is published?
3.Under Section 11 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, who is legally responsible for the accurate and timely completion of the urban survey?
4.When a person is included in the final list published under Section 11 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, how does the cross-reference to Section 6 affect full-time employees?
5.Under Section 11 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what triggers the Chief Executive Officer of a Municipality to start a survey?