ANTI-CORRUPTION LAW SERIES-19
ANTICORRUPTION
LAW- SERIES-19
The
National Commission For Safai Karamcharis Act, 1993
____________
ARRANGEMENT OF SECTIONS
_________
CHAPTER I
PRELIMINARY
SECTIONS
- Short
title, extent, application, commencement, duration and savings.
- Definitions.
CHAPTER II
THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS
- Constitution
of the National Commission for Safai Karamcharis.
- Term
of office and conditions of service of Chairperson, Vice-Chairperson and
Members.
- Officers
and other employees of the Commission.
- Vacancy,
etc., not to invalidate the proceedings of the Commission.
- Procedure
to be regulated by the Commission.
CHAPTER
III
FUNCTIONS
AND POWERS OF THE COMMISSION
8. Functions
and powers of the Commission
CHAPTER
IV
MISCELLANEOUS
- Chairperson, Vice-Chairperson and
Members and staff of the Commission to be public servants.
- Central
Government to consult Commission.
- Annual
report.
- Annual
report to be laid before Parliament or the Legislative Assembly.
- Delegation
of powers.
- Protection
of action taken in good faith.
- Power
to make rules.
THE NATIONAL
COMMISSION FOR SAFAI KARAMCHARIS ACT, 1993
ACT NO. 64 OF 1993
[4th September,
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 except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may,
by notification in the Official Gazette, appoint.
(4) It shall cease to have effect after the 2[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apply as if this Act had then been repealed by a Central Act.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)
fiveMembers,
1.
12th August, 1994, vide
notification No. S.O. 591(E), dated 12th August, 1994, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
2. Subs.
by Act 55 of 2001, s.2, for “31st
day of March, 2002” (w.e.f. 13-12-2001).
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.
1[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.]
2[(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.
1.
Ins. by Act 18 of 1997, s.3 (w.e.f 25-3-1997). 2.
Ins. by Act 55 of 2001, s. 3 (w.e.f. 13-12-2001).
(5) The salaries and allowances payable to,
and other terms and conditions of service of, the Chairperson, Vice-Chairperson
and Members shall be such as may be prescribed.
5. Officers and other employees of the Commission.—(1) The Central
Government shall provide the Commission with such officers and employees
as may be necessary for the efficient performance of the functions of the
Commission under this Act.
(2) The salaries and allowances payable to,
and other terms and conditions of service of, the officers and other employees appointed
for the purpose of the Commission shall be such as may be prescribed.
6. Vacancy, etc., not to invalidate
the proceedings of the Commission.—No
act or proceeding of the Commission shall be questioned or shall be
invalid on the ground merely of the existence of any vacancy or defect in the
constitution of the Commission.
7. Procedure to be regulated by the
Commission.—(1)
The Commission shall meet as and when necessary and shall meet at such
time and place as the Chairperson may think fit.
(2)
The Commission shall regulate its own procedure.
(3)
All orders and decisions of the Commission shall be authenticated by the
Chairperson or any other officer of the Commission duly authorised by the
Chairperson in this behalf.
CHAPTER
III
FUNCTIONS
AND POWERS OF THE COMMISSION
8.
Functions and powers of the Commission.—(1) The Commission shall perform all or any
of the following functions namely:—
(a)
recommend to the Central Government specific programmes of action towards
elimination of inequalities in status, facilities and opportunities for Safai
Karamcharis under a time-bound action plan;
(b)
study and evaluate the implementation of the programmes and schemes relating to
the social and economic rehabilitation of Safai Karamcharis and make
recommendations to the Central Government and State Governments for better
co-ordination and implementation of such programmes and schemes;
(c)
investigate specific grievances and take suo moto notice of matters
relating to non-implementation of—
(i)
programmes or schemes in respect of any group of Safai Karamcharis;
(ii)
decisions, guidelines or instructions, aimed at mitigating the hardship of
Safai Karamcharis;
(iii)
measures for the social and economic up liftment of Safai Karamcharis; (iv)
the provisions of any law in its application to Safai Karamcharis,
and
take up such matters with the concerned authorities or with the Central or
State Governments;
(d)
make periodical reports to the Central and State Governments on any matter
concerning Safai Karamcharis, taking into account any difficulties or
disabilities being encountered by Safai Karamcharis;
(e)
any other matter which may be referred to it by the Central Government.
(2) In the discharge of its functions under
sub-section (1), the Commission shall have power to call for information
with respect to any matter specified in that sub-section from any Government or
local or other authority.
S.No
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Dear Ngo leaders promote activities such as :-
(All forms of corruption must be ended to
secure the basic rights of all people and ensure a world where everyone can
live in dignity)
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1.
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Organize, communicate, and raise awareness on Anti corruption
laws to your target people.
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2.
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Identify the victims and witnesses of corruption in your
working area
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3.
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Identify the need of Legal consultancy for Consumer rights,
women’s rights, Child rights, aged rights, revenue, education, documents
registration, social welfare, public and temple property panchayat, forest,
insurance, and all government department corruptions related issues etc
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4.
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Contact for such issues with an affidavit and we will make the
difference
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We also know that corruption can’t be rooted
out in one big sweep. Rather, fighting it is a step-by-step,
project-by-project process.
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MANISHANKAR
CEO-Anti-Corruption
And Human Rights Movement®-Chennai
Email: anticorruption.org2007@gmail.com.
Mobile:91 9087856137
Follow us on:
Twitter : @anticorp_2007
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