National Commission For Safai Karamcharis Act, 1993
No: 64 Dated: Sep, 04 1993
The National Commission For Safai Karamcharis Act, 1993
(Act No. 64 of 1993)
An Act to constitute a National Commission for Safai 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 Safai Karamcharis Act, 1993.
(2) It extends to the whole of India.
(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 [29th day of February, 2004], 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and upon such cesser section 6 of the General Clauses Act, 1897(10 of 1897), shall apply as if this Act had then been repealed by a Central Act.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 Safai Karamcharis constituted under section 3;
(c) “Member” means a Member of the Commission;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “Safai 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 COMMISSIONFOR SAFAI KARAMCHARIS
3. Constitution of the National Commission for Safai Karamcharis.—(1) The Central Government shall, by 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 functions assigned to, it under this Act.
(2) The Commission shall consist of —
(a) a Chairperson;
(b) a Vice-Chairperson;
(c) five Members,
to be nominated, from amongst the persons of eminence connected with the socio-economic development and welfare of Safai Karamcharis, by the Central Government:
Provided that at least one of the Members shall be a woman.
4. Term of office and conditions of service of Chairperson, Vice-Chairperson and 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.
Provided that the Chairperson, Vice-Chairperson and every Member holding office as such immediately before the commencement of the National Commission for Safai Karamcharis (Amendment) Act, 1997 (18 of 1997)shall vacate their respective offices on the 31st day of March, 1997:
Provided further that the Chairperson, Vice-Chairperson and every Member appointed after the commencement of the National Commission for Safai Karamcharis (Amendment) Act, 1997 (18 of 1997) 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, 2002, whichever is earlier.
(1A) Notwithstanding anything contained in sub-section (1), the Chairperson, Vice-Chairperson and every Member appointed on or after the 16th day of February, 2001, shall hold office for a period not exceeding three years from the date of assumption of his office or up to the 29th day of February, 2004, 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) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude;
(c) 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 Member 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 unexpired 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 serviceof, the Chairperson, Vice-Chairperson and Members shall be such as may be prescribed.