Jammu and Kashmir Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 2010
No: 19 Dated: Oct, 25 2010
THE JAMMU AND KASHMIR EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 2010
(Act No. XIX of 2010)
An Act to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-seal latrines and for matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of the Republic of India as follows:-
CHAPTER 1
Preliminary
1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 2010.
(2) It shall come into force from the date of its publication in the Government Gazette.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "area", in relation to any provision of this Act, means such area as the Government may, having regard to the requirements of that provision, specify by notification;
(b) "building" means a house, out-house, stable, latrine, urinal, sheet house, hut, wall (other than a boundary wall) or any other structure whether made of masonry, bricks, wood, mud, metal or other material ;
(c) "dry latrine" means a latrine other than a water-seal latrine ;
(d) "environment" includes water, air and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property ;
(e) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment ;
(f) "environmental pollution" means the presence in the environment of any environmental pollutant ;
(g) "Executive Authority" means an Executive Authority appointed under sub-section (1) of section 5 ;
(h) "HUDCO" means the Housing and Urban Development Corporation Limited, a Government company registered by that name under the Companies Act, 1956 (1 of 1956) ;
(i) "Government" means the Government of Jammu and Kashmir ;
(j) "latrine" means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith ;
(k) "manual scavenger"means a person engaged in or employed for manually carrying human excreta and the expression "manual scavenging" shall be construed accordingly ;
(l) "notification" means a notification published in the Government Gazette ;
(m) "prescribed" means prescribed by rules made under this Act ; and
(n) "water-seal latrine" means a pour-flush latrine, water flush latrine or a sanitary latrine with a minimum water-seal of 20 millimetres diameter in which human excreta is pushed in or flushed by water.