C.G. RAJYA SE MAILA DHONE WALE KARMIYON KE NIYOJAN KA PRATISHEDHA AUR UNKA PUNARWASH NIYAM, 2014

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I I 3. i31f @i) D {if>)~: ~) R ~ D (EJ) "1"1'11..,1 D I ~.3ITT.~.) 3. 3R:l D D • • • • • • • • • • • • • i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~-~4'l!Ff2014 614 [ 'TI'T 1 Raipur, the 4th March 2014 No. F-19-45/25-3/2012.-In exercise of the powers conferred by sub-section (1) and (2) of Section 36 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (No. 25 of 2013), the State Government, hereby, makes the following rules, namely :- RULES 1- Short title and commencement.- ( 1) These rules may be called the Chhattisgarh Prohibi­ tion of Employment as manual Scavengers and their Rehabilitation Rules, 2014. (2) These rules shall come into force from the date of its publication in the Official Gazette. (3) These rules shall be enforced and have effect on all organizations and areas for which the State Government is the appropriate Government. 2. Definitions.- (I) In these rules, unless the context otherwise requires,- (a) "Act" means the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (No. 25 of 2013); (b) "District Level survey Committee" means the Committee constituted by the State Government to conduct and oversee the Process of the Survey of the manual scavengers in the district. The composition and functions of the Committee shall be notified by the State Government as per Annexure-1; ( c) "Inspector" means a person appointed as "inspector" by the State Government as per the provisions of sub-section (I) of Section 20 of the Act; ( d) "Numerator" means any person engaged by the Local Authority for the purpose of survey or verification of mannual scavengers; ( e) "State Level Survey Committee" means the Committee constituted by the State Government for planning, co-ordinating and monitoring the survey of manual scavengers in the State through the District Level Survey Committees. The composition and functions of the Committee shall be notified by the State Govern­ ment as per Annexure-11; (f) "Supervisor" means an official engaged by the Local Authority to upervise the work of survey done by the enumerator and to further verify the veri' ,tion done by the enumerator. (2) All other words and expressions used but not defined in these n !es shall have the same meaning as defined under the Act. 3. Obligations of the Employer towards its Employees engag~ for the cluning of sewer or septic tank.- (I) No person shall be engaged for hazardous (\leaning of . sewer or a septic tank. (2) If any person is engaged in cleaning a sewer or a septic tank he shall be provided by his employer, the following protective gear and safety devices :- (i) Safety Body Clothing/Safety Body Belt (ii) Normal Face Mask (iii) Safety Torch (vii) Emergency Medical Oxygen Resuscitator Kit (viii) Gas Monitor (4 Gases) (xi) Guide Pipe Set (xii) Safety Tripod Set (xiii) Wadder Suit (xiv) Breathing Apparatus (xvi) Air Compressor for Blower (xvii) Modular Airlines Supply Trolley System (xviii) Full Face Mask (xix) Safety Gumboots (xx) Raincoat (3) The Local Authority shall ensure that the latest modem safety equipments and technology are used for cleaning of sewers and septic tanks. (4) The employer shall also ensure the following safety precautions before the employee is engaged in the cleaning of a sewer or a septic tank, namely:- (a) There shall be a minimum of two employees present at all times, one of whom shall be a supervisor; (b) The atmosphere within the confined space must be tested for oxygen deficiency and toxic and combustible gas; I ( c) At least one trained <Rlld experienced employee shall be present at all times during sewer cleaning; ( d) Before starting the cleaning operation, the Supervisor shall inspect and determine, whether the sewer serves any industries nearby to anticipate the ha?.ardous atmosphere that may be encountered; (e) · The condition of metal-rung ladders and the side walls of the manhole shall be checked, whether there is any danger of collapse; (t) Smoking or open flames in or near the sewer manhole shall not be permitted; (g) Traffic and pedestrian barricades shall be provided at all times; (h) A flag man shall be stationed at least 50 feet ahead of a site and shall be visible to incoming traffic from at least 500 feet.. 4. The Manner of carrying out survey of insanitary latrines and publishing list.- (I) Every Local Authority shall carry out, within a period of two months from the date of commencement of the Act, a survey of insanitary latrines and publish the list of insanitary latrines in it~ area, for which a time schedule would be drawn. (2) The information about wards /villages/pockets having insanitary latrines would be obtained inter alia from the office of Registrar General and Census Commissioner of India (RGI), New . Delhi or from the office of Regional Director of Census Operations (DCO) in the concerned State and Union Territory. . (3) In case the required data is not available with the RGI or DCO, the Local Authority shall take the assistance of the community leaders/Non Governmental Organisations (NGOs) working in the area for the welfare of the Safai Karmacharis, for this purpose. 'l1'T 1 ) . .,,11 ... ,,; ~. ~ 18 • 2014 617 ® ~~=====~~~~============== ( 4) The Local Authority would constitute a Committee under its Chief Executive · Officer with at least one member from the community of Safai Karmacharis, this Committee shall plan and monitor the survey. (5) The data of insanitary latrines as per the survey would be compared with the available data as referred to in sub-rule (2) of this rule and in case of any discrepancy, the ChiefExecutive Officer shall ensure that the survey reflects a true and fair picture of the insanitary latrines. (6) The Chief Executive Officer of the Local Authority shall prepare an initial list of insanitary latrines existing in his jurisdiction and display the same at the notice board of the office of the Local Authority specifying the date by which obj~ctions, if any, to the list, would be received. (7) Local Authority would cause to hold a meeting on the due date as specified to hear the complaints and objections received on the initial list and approve the final list of insanitary latrines. (8) Th.e final list of insanitary latrines would be prepared and published by the Local Authority. (9)The Committee would submit the survey report in Annexure-111 to the District . Magistrate, who himself or through any department designated by him for this purpose, in turn, would submit the consolidated . reports of all the local authorities under his jurisdiction to the concerned department of the State designated for this purpose. The designated department shall furnish the report of the survey to the Department of the State Government dealing with the issues of manual scavengers, with an endorsement copy to the concerned Central Ministry/Department dealing with the Schemes of conversion of insanitary latrines into sanitary latrines for urban and rural areas. The eligible beneficiaries under the relev~t Schemes of the Central or State Government may apply for the admissible financial assistance under such Schemes. I /- ,--;;;;:,, . I, 5. Procedure of giving notice and recovering cost of demolition of an insanitary Latrine.- (1) The Local Authority, within fifteen days of publication of list of insanitary latrines, would serve notice to the occupier of the insanitary latrine to either demolish such insanitary latrine or convert it into a sanitary latrine within a period of six months from the date of commencement of the Act. A copy of such notice will also be sent to the Inspector appointed under Section 20 of the Act. (2) After tlie expiry of notice period, the inspector would inspect the premises of the occupier of insanitary latrine and report to the Local Authority about his findings. If the occupier has neither demolished nor converted the insanitary latrine into a sanitary latrine the Local Authority would order for its demolition and recover the cost from the occupier as arrears of land revenue. 6. Content and methodology of survey and the eligibility condition for identification of Manual Scavengers and publication of provisional list of persons found to be working as Manual Scavengers.- (1) If any Local Authority has reason to believe that some persons are engaged or employed as manual scavengers within its jurisdiction, the Chief .Executive Officer of the Local Authority shall cause a survey to be undertaken to identify such persons. Existence of insanitary latrines as per the 'Houselisting and Housing Census' data of Registrar General of India or any other relevant data, would be sufficient reason to believe that some persons are engaged or employed in manual scavenging. The survey of manual scavengers shall be conducted by the Local Authority within its jurisdiction. (2) Awareness campaign shall be carried out at the State, District, Sub-Division and Town Level, wherever insanitary latrines were found during the survey of insanitary latrines as envisaged in clause (a) of sub-section (1) of Section 4 of the Act. (3) The Local Authority shall also associate community leaders or Non- i. Governmental Organisations (NGOs) working for welfare of Safai Karamcharis in identification of manual scavengers. (4) The Manual Scavengers shall be invited through awareness campaign to declare themselves at the Self-declaration Centers and have their details verified during a period and at places, which shall be notified by the Local Authority. The lists of manual scavengers, if provided by the NGOs or any other persons or agency, would be fully verified to identify manual scavengers. In case of any discrepancy between the data of insanitary latrines or the number of manual scavengers thrown up by any person or organization, the Local Authority shall order a house-to-house survey of insanitary latrines. by the enumerators to know the names of manual scavengers servicing those insanitary latrines. Local Authority shall also make efforts to identify manual I . scavengers by visiting the habitations of concentration of Safai Karamcharis/Manual Scavengers. (5) Sample checks of the work done by the enumerators shall be carried out by Supervisors designated for the purpose by the Local Authority, on the basis of random selection to the extent indicated below:- (a) 100% check, in villages; (b) 100% check, in cities and towns having less than 1000 households with insanitary latrines; ( c) 50% of the declarations, verified by each enumerator, shall be checked in towns/ cities having 1000 to 9999 households with insanitary latrines; (d) 33% of the declarations, verified by each enumerator, shall be checked in towns/cities having 10000 or more households with insanitary latrines; (e) In categories (c) and (d), if sample check of the work done by any enumerator reveals an error of more than 10%, a 100% check of his work shall be carried out by the supervisor. ( 6) H~dling the hun{an e~creta, before it is fully decomposed, with the h~lp of such device or equipment which does not work on power, excluding manual power, such as belcha, patra, bucket, broom, scoop, dalia, tasla, phawda etc., which does not come under the definition of protective gear or a device or equipment operated by power generated by electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency, shall be construed as manual scavenging and the person engaged for such handling shall be treated as a Manual Scavenger. (7) There is no minimum or maximum age limit for identification of Manual Scavenger and there shall be no restriction regarding the caste or religion or income for being identified as Manual Scavenger. (8) A person should have been engaged or employed as Manual Scavenger as defined in clause (g) of sub-section (l) of Section 2 of the Act and actually working as such continuously for not less than three months during the preceding one year of the survey. (9) A draft list of identified Manual Scavengers as verified by the Supervisors, shall be published by the concerned Local Authority in local newspapers and displayed in its own office and at such other places as deemed appropriate. A copy of the draft list should also be made available to members of the Local -·. . Authority and the Non~Governmental Organisations/£t)mmurity leaders of Safai Karmacharis. While publishing the Draft List., t,he Local Authority would call upon members of the public to file c)aims and· objections vis-a-vis, the list, within a period of two weeks, in p~bed format. (1 O)Any person having any, objection either to the inclusion ore ,:dusion of any name in the provisional list of Manual Scavengers in pursuance of sub-section (4) of Section 11 of the Act, read with Section 14, may within a period of fifteen days from such publication, file an objection in the prescribed format. 7. Publication of Final List of persons found to be working as Manual Scavengers.- (1) The Local Authority shall get the objections enquired into and hold a meeting, if necessary to finalize the list of Manual Scavehgers in his jurisdiction. After publication of the Final List by the Local Authority, no claim or objection on the list shall be accepted for being included or excluded in the list, however the Manual Scavenger would be entitled to give self-declaration about his being a Manual Scavenger. (2)The District Collector shall notify officers not below • the rank of Tehsildar/Block Development Officer for enquiring into claims and objections received and giving their findings. (3) Forms for filing claims and objections shall be made available to the applicants free of charge on demand at the designated place(s), as also through the website of District/Local Authority. A claimant or objector may support his/her claim with documentary evidence, if any. (4) Summary hearings shall be conducted by designated officers. The officer designated to verify the claims may order fresh verification, if necessary. After summary hearing and such further verification (if ordered), the officer shall pass an appropriate order, accepting or rejecting the claim/objection., as the case may be, a copy of the order shall be given to the persons concerned. (5) After settlement of claims & objections by the Designated Authority, the Local Authority shall carry out necessary corrections in the draft list and transmit it to the District Level Survey Committee for its consideration. (6)After the approval of the list by the District Level Survey Committee, it shall be duly published at the notice boards of concerned offices and the final list shall also be uploaded on the website of the District and the State Government. (7) The District Level Survey Committee shall cause compilation of lists of Manual Scavengers received from each Local Authority and prepare a list of cfP· Manual Scavengers for the district, which th~ District _Collector shall forward to the State nodal Department for the Survey. (8)The State Nodal Department shall receive lists of Manual Scavengers from various districts, compiled and shall prepare a consolidated State list of Manual· Scavengers. (9)The Cantonment Boards and Railways shall also conduct survey of Manual I Scavengers in the areas administered by them· with the help of the same procedure given in the Act and these rules. 8.Manner of application to be made to the Chief Executive Officer of the Local Authority.- (I) Any person working as a Manual Scavenger, may either during the survey undertaken by the Local Authority in pursuance of Section 11 or Section 15 of the Act, or any time thereafter, apply to the Chief Executive Officer of the Local Authority or to any other officer authorized by him in this behalf, for being identified as Manual Scavenger in the prescribed format as per Annexure-IV. (2) Verification of each such declaration shall be done by the Enumerator, who shall visit households of Manual Scavengers and verify the information. 9. Quantum of initial, one time, cash assistance.- Any person included in the final list of Manual Scavengers published in pursuance of above rules or Section 14 of the Act or added th<:!reto in pursuance of sub-section (3) of Section 12 or sub-section (2) of Section 15 of the Act; shall be provided with such initial or one time, cash assistance as provided under the Central Sector Self Employment Scheme for Rehabilitation of Manual Scavengers. 10. Powers of the lnspector.-(1) (i) The appropriate government may nominate inspectors as deemed necessary as and when required,. for the pur-pose of conducting any inspection, investigation or enquiry ~elating to insanitary latrines or hazardous cleaning of sewers and septic tanks. The appropriate goverr,ment shall nominate such inspectors by notification and define the local Jirni:,, within G"'i-:) "11'! 1 l 623 which they shall exercise their powers. (ii) The appropriate government may, from time to time, prepare a panel of experts and agencies referred to in sub-rule (i) of this rule. (iii) The inspector under sub-rule (i) of this rule shall be paid such travelling allowances and daily allowances as are allowed to him by his organization where he is employed. (iv)In addition to travelling allowance and daily allowance referred to in sub-rule (iii) to an inspector, he .shall also be paid honorarium as decided by the appropriate government. (2) · (i) The inspector appointed under sub-section ( l) of Section 20 of the Act shall have power to enter in any premises, public or private, at reasonable times within his jurisdiction, with prior notice to the owner of the premises and in their presence to inspect, examine and test latrines, open drains and pits, or any other place or spaces, where an offence under the Act has been, or being or about to be committed. (ii) Examine such structure, site, place or premises within the local limits specified i_n his notification of nomination, when there are reasons to believe that such premises are_ being used for hazardous cleaning of sewer / septic tank has been or is being or about to be undertaken. (iii)Take on the spot or otherwise such statement from any person which he may consider necessary for the purpose of any examination or enquiry connected with insanitary latrines or hazardous cleaning of sewer/septic tank: Provided that such person shall not be compelled to answer any question or give any such evidence tending to incriminate him. (iv) Take photographs, video clips, samples, record or make any sketches as he may consider necessary for the purpose of any examination or enquiry under these rules. g (v) If it appears to the inspector that hazardous cleaning of sewer/septic tank is being resorted to stop hazardous cleaning forthwith. 11. Term of office, vacation of seat and sniwances of the members of State Monitoring Committee.- (1) Every\~emb.e} ofthe State Monitoring Committee I I nominated under clauses (e) and (i) ,bf sub~section (1) of Section 26 of the Act shall hold office for a pe;i~d of twb years from the date of notification in the Official Gazette of their nomination and shall, on the expiry of the said period, continue to hold office until his successor is nominated and shall also be eligible for re-nomination. At least one Chief Executive Officer of Municipal Corporation or Zila Panchayat as referred to in clause (h),of sub-section (I) of Section 26, shall · hold office for a period of two years on rotation basis. (2) Every member, referred to in sub-rule (1),- (a) shall give notice in writing of not less than 30 days to ,the aufaority which nominated him, to resign from his office and, on such resignation being accepted or on the expiry of the notice period of 30 days, whichever is earlier, shall deemed to have vacated his office; (b) shall deemed to have vacated his office- (i) If he fails to attend three Consecutive meetings of the Committee without obtaining leave of the Chairman of such absence: Provided that the authority, which nominated him may, if satisfied that such member was prevented by sufficient cause from attending the three consecutive meetings of the Committee, can restore membership to him. (ii) If he becomes subject to any of the following disqualifications, namely:- ( one) is adjudged insolvent; (two) is declared to be of unsound mind by a Competent Authority. G (three) is convicted cf an offence which, in the opinion of the authority, which nominated him, involves moral turpitude. ( c) May be removed from office, if the authority which nominated such member, is of the opinion that he has ceased to represent the interest for which he was nominated: Provided that a member shall not be removed from office under this clause unless a reasonable opportunity is given to him for showing cause against such removal. (3) A member, nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of his predecessor. (4) (1) The travelling allowance of an official member of the State Monitoring Committee shall be governed by the rules .. applicable to him, for journey performed by him, on official duties and shall be paid by the authority paying his salary. (2) The non-official members of the State Monitoring Committee shall be paid travelling allowance for attending the meeting of such committee at such rates as applicable to the Entry Level Class-I (Group-I) Officer of the State Government and the daily allowance shall be calculated at the maximum rate admissible to such officer. By order and in the name of the Governor of Chhattisgarh, ANIL CHOUDHARY, Deputy Secretary. Composition and functions of the District Level Survey Committee for Survey of.Manual Scavenger 1. Composition of the District Level Survey Committee:- {1\ l?.\ {1\ 1. District Magistrate Chairman 2. District , Level Officer belonging to the Member Scheduled Castes nominated by the State Secretary Government 3. District Statistical Officer Member 4. District level officer of Urban Member Government Department 5. One representative of Railways Member 6. Two representatives of Non-Government Member Organisations working for Welfare of Manual Scavengers and Safai Karamcharls 7. Two community representatives of whom one Member should be a woman 2. Functiogs of the District Level Survey Committee:- (!) To monitor and oversee the survey process at District level. (2) To distribute the media material to towns. (3) To arrange publicity thr-,ugh local newspapers etc, about the survey. (4) To distribute translated survey material to towns/villages under its jurisdiction. (5) To approve final list of manual scavengers for all towns/cities/villages in the district. · (6) Publication of final consolidated list of the Manual Scavengers in the .. district. •• -b.• J_ Gu)., Composition and functions of the State Level Survey Committee for Survey of Manual Scavengers 1. Composition of the State Level Survey Committee:- S: Nn - . . I I (1) (2\ n\ l. Additional Chief Secretary or Principal Chairman secretary, nominated by the State Government. 2. Principal Secretary/Secretary dealing with Member Scheduled Castes, if the Committee is chaired by Secretary Additional Chief Secretary. If Principal Secretary, Scheduled Castes Welfare himself IS the Chairman, then the Director, Scheduled Caste Welfare. 3. Director, Economics and Statistics. Member 4. Secretary, Urban Development Member Depaf!ment/Local Self Government Department. 5. Regional Director, Census Operations. Member 6. One representative of Railways. Member 7. Two representatives of Non-Government Member Organisations Working for Welfare of Manual Scavengers and Safai Karamcharis, 8. Two community representatives of whom one Member should be a woman. 2. Functions of the State Level Survey Committee:- (!) To plan, coordinate and monitor the work of survey of Manual Scavengers. (2) Preparation of media material and its translation into local language. (3) To distribute translated survey material to towns/villages under its jurisdiction. (4) To distribute media material to districts. (5) To arrange publicity through local newspapers etc. about the survey. (6) To compile and approve final list of manual scavengers for all towns/cities/villages in the State. (7) Publication of the consolidated final list of Manual Scavengers in the State. ;---:-:i) Details ofinsanitary Latrine 1. Details of Individual Insanitary Latrine (III.): SI. Name of the owner Location of the Monthly Salary/wages No of Insanitary of the Manual Latrine dry I latrine. from In cash In food grains latrin£ . which excreta is etc. being flushed into open drain Total Number of the Individual Insanitary Latrines being cleaned by manual scavenger (Note: Please give detailed description of the individual Insanitary Latrine Cleaned by the Manual Scavengers. In case you need to write extra information kindly photoc0py this page and attach with the survey form) . 2. Details of Community Insanitary Latrine (CIL): Name of the owner Location of the Monthly Salary/wages ol 0 (Organisation/ the Manual Scavenger Agency) of dry latrine from ! Community latrine which excreta is In cash In food grains Ins,mitary Latrine being flushed into .etc. I open drain I i ' I J_ . rsi1---., 3. Detail of Open Drains(OD)/Railway Tracks/other spaces : S.No Location of Open Drains/Railway Salary/wages of the manual tracks/other spaces in which In cash (Rs.) In kind (Rs.) excreta from the insanitary latrines is beine: flushed (Note: If thc:i number of involved manual scavengers in OD is more than one then please fill up a separate form for each manual scavenger) J ~1'1 .1630 ..0 • • ........ ......... i .[ ... ·-... , ... ~ ihli<i\l<i ~. ,~,,.., 18 _,,.,,, 2014 .,,., ~=====~~:::::::::::::::~=====:==:==::::::::::::::==~=== Self Declaration Form IdentifieatiOlf of Manual Scavenger· · · ·, ... ----~ (Office Use) • Name of The State • District Photo of Manual Scavenger • Panchayat ............................... Village : ........................... .' •... Family Photo of Manual Scavenge (Picture post card size photograph 6"x4") I. Name of the Manual Scavenger : ............................. .. 2. . Name of father/mother/spouse ................................ .. 3. Age .......................... . 4. Sex : Male ! . I Female 5. Education Status : (Put a✓Mark in the appropriate box) (i) (a) Literate I (b) Not literate I~~ (ii) If literate level of education I (i) Carrying/disposing/cleanuig ofhmnan excreta manually from insanitary latrineQ (ii). Cleaning untreated human excreta manually from (a) open rain D (i) l I Employed in : . (a) Private:- I I . I (iii) Contractor D (ii) Employed on : ( a) Permanent basis D 8. How long you have been in this occupation: ............................ . 9. Social Background: (d) Religion [ 'l1'J 1 10. (a) Have you received any benefit from the government rehabilitation schemes? (Put a ✓ mark in the appropriate box) Yes No (b) If yes, name of the scheme (put a mark ✓ mark in the appropriate box): S. No. Name of the schemes 1. National Scheme t' or liberation and rehabilitation of scavengers (NSLRS) 2. Self Employment Scheme for rehabilitation for manual scavengers (SRMS) 3. Any other (Please specify the name of scheme(s)) ( c) If yes, whether project funded through above scheme is running : Yes No if yes, monthly income (Rs.) 11. (a) Are you engage in any occupation other than scavenging ? ( c) If yes, specify Rupees , ~ ... , ' ' <n .l',l•_>,-; ' 12. Ap.y other skills you possess : v) Tailoring D vi) Any other (specify) ················'"··· ········· .... - 13. Alternative Occupation propqsed (please specify) : ........ \············•······ Name an address of manual! Scavenger : .............. ; ....................................... . ................ : ............•......... ~······································~··········Pin code ................................... . Contact Telephone /Mobile No ....... : ............................................... '. ............................... . Signatureffhumb impression of manual Scavenger Name and date ........................................................................................................... . Signature of Data Entry Operator, ............ ; .............................................................. . _ Name and date (with code No.): ...............................................................•... ; .......... .. Signature of Enumerator ....................... : .. : ................. .' ................................ . I Name and date : (with code ho) :., ............. ,;,-;-;;;.-,a,~~.-,c;;·;;;;;.;;;'; ••• , ... -;; .............. , ••• :: •••••••••••• Signature of Supervisor ....... , ............................... ;···:·········································:··········· Name and date (with code No.): ...................................................... , ................. . ~. ~ 1 l!l.f 2014 (1"1fcl ~ ~ ..... ,n .. ,. o'f-~- ~-~ 27 l!l.f 2014 t. 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