Section 17 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Responsibility of local authorities to ensure elimination of insanitary latrines.
Notwithstanding anything contained in any other law for the time being in force, itshall be the responsibility of every local authority to ensure, through awareness campaignor in such other manner that after the expiry of a period of nine months, from the date ofcommencement of this Act,—
- (i)no insanitary latrine is constructed, maintained or used within its jurisdiction; and
- (ii)in case of contravention of clause (i), action is taken against the occupierunder sub-section (3) of section 5.
Summary
- Every local authority is responsible for making sure no insanitary latrines are built, kept up, or used in its area.
- This duty must be fulfilled after nine months from the date the Act came into force, and it overrides any other laws.
- Local authorities must use awareness campaigns or other suitable methods to achieve this goal.
- If anyone violates this rule, the local authority must take legal action against the occupier under Section 5, subsection 3.
- Under that section, the local authority must give the occupier at least twenty one days of notice, demolish or convert the latrine, and recover the costs from the occupier.
Practical examples
FAQ
1. How long do local authorities have to ensure all insanitary latrines are eliminated?
They must ensure complete elimination after nine months from the date the Act comes into force.
2. What methods must local authorities use to eliminate these latrines?
They must run awareness campaigns or use other effective measures to make sure people stop building, maintaining, or using them.
3. What happens if a homeowner refuses to demolish or convert an insanitary latrine after the deadline?
Under Section 5, subsection 3, the local authority must give the occupier at least twenty one days of notice, then demolish or convert the toilet themselves and make the occupier pay for the costs.
4. Does this responsibility of the local authority apply if another local law allows dry toilets?
Yes. This law overrides any other laws that are in force, meaning the local authority must enforce this ban regardless of other regulations.
Test yourself
1.Under Section 17 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, how much time is given from the start of the Act before local authorities must ensure that no insanitary latrines are constructed, maintained, or used?
2.Under Section 17 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, if an occupier continues to maintain or use an insanitary latrine after the deadline, what action must the local authority take under the cross-referenced Section 5, subsection 3?
3.Under Section 17 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which of the following is specifically mentioned as a method the local authority should use to ensure the elimination of insanitary latrines?
4.Under Section 17 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what is the legal status of this provision if it conflicts with another existing local or state law?