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Government Of Rajasthan

rules · 2013 · State unknown

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Parent: THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013 (5f9f0bc0298ec0d0e5a6434f97c3514dddb2fc62)

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Government Of Rajasthan Department of Social Justice and Empowerment NOTIFICATION Jaipur, October 31,2014 G.S.R 37 In exercise of the powers conferred by sub-sections (1) and (2) of section 36 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act; 2013 . (Central Act no.25 of 2013), the State Government hereby makes the following rules, namely CHAPTER- I GENERAL 1. Short title and commencement These Rules may be called the Rajasthan Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2014. 2) They shall come into force on the date of their publication in the official Gazette 2. Definitions (1) In these rules, unless the context otherwise requires, (a) Act" means the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act: 2013 (Central Act no.25 of 2013); (b) Annexure" mean annexure Appended to these rules; (c) "Cleaning device' includes but not limited to the equipments referred to in rule 4 whether manually O mechanically propelled which can be used to clean or enable the transport of flow of sewage in sewers or septage from septic tanks; and (ii) avoid direct manual contact with sewage or material. 'District Level Survey committee' means the committee referred t0 in rule 14; (e) Enumerator" means any person engaged by a local authority for the purpose of survey O verification of manual scavengers_ (f) "Inspector' means a person appointed as 'Inspector" by the state government as per the provision of sub section (1) of section 20 of the Act; (g) "Overseer' means an officer engaged by a local authority to exercise the powers and perform the duties under these rules; (h) "Protective gear" means personal safety gear and safety devices that are to be provided worn or used by safai karamcharis of s

Rule TOC

3 · Protective gear and safety devices- No person shall be allowed to clean a sewer manually, with the protective gear and safety devices under these rules except: a) for the removal of concrete of FRP (Fiber Reinforced Plastic) o damaged manhole door where mechanical equipments cannot be put into operation; b for inter-linking the newly laid sewer main with the existing sewer main, in case of sewer of size of more than 300 m.m. diameter; for removal of submersible pump sets fixed at the bottom of the suction wells; for the reconstruction of the manhole or rectification of the sewer main; Or Any circumstance, when it is absolutely necessary to have manual sewage cleaning; after the Chief Executive Officer of the local authority has permitted to do so after recording in writing the specific valid reasons for allowing such cleaning: (2) For the purposes of clauses (c) and (d) of sub-rule (1) before allowing entry of a person in the sewer, sewage shall be totally emptied. (3) Any person engaged to clean a sewer O a septic tank shall be provided by his employer, protective gear and safety devices including; but not limited to the following: (i) Air compressor for blower (ii) Air Line breathing apparatus (iii) Air Line respirator with manually operated air blower (iv) Air Purifier Gas mask/Chin cortege Artificial respiration/Reticulate (vi) Barrier caution tape (vii) Barrier cream (viii) Barrier cone (ix) Blower (x) Breath mask (xi) Breathing Apparatus (xii)Caution Board (xiii)Chlorine mask (xiv)Emergency medical oxygen resuscitator Kit (xv) First Aid box (xvi) Face mask (xvii) Gas Monitor 4 gases) (xix) Guide Pipe set (xix)Full body wader suit (xx) Fishing wader suit attached with boots (xxi) Hand gloves (xxii)Head Lamp (xxiii)Helmet (xxiv)Helmet demolishing (xxv)Lead acetate paper (xxvi)Life guard pad (xxvii )Modular Airlines apply Trolley system; (xxviii)Normal face mask (xxix)Nylon rope ladder 5 meters
5 · Timely checking of protective gear and safety devices-
6 · Safety precautions-
7 · Post cleaning safety precautions- The employer shall ensure the following post cleaning safety precautions after an person engaged in the cleaning of a sewer O a septic tank comes out of the sewer of septic tank after a session on cleanings: (i) Provide facilities for removal of contaminated clothing and for wash-up as well as cleaning dry clothing: (ii) Wash-up material shall include but not be limited to water; soaps, hand sanitizers and adequate and medically authenticated skin cream for applying 0n the body for post cleaning safety. (iii) Any cuts/burses on the skin or problems with a respiratory organ suffered on account of cleaning of sewer shall be immediately cured.
8 · Insanitary Latrines- Human excreta shall be treated as fully decomposed when it eventually becomes stable material with no unpleasant smell and containing valuable plant nutrients.
9 · Survey of insanitary latrines (1) Every local authority shall draw a suitable time schedule for carrying out survey of insanitary latrines within its jurisdiction and the publication of their list: (2) The local authority shall take the assistance of the community leaders and Non Governmental organizations working in the area for the welfare of the Safai Karamcharis r sanitary workers on the existence of insanitary latrines in the area under its jurisdiction:
12 · State Level Survey committee: The State Level Survey committee shall consist of the following, namely:
1 · . Principal Secretary, Social justice & Empowerment Department 2. Commissioner, Social Justice & Empowernment Department 3. Secretary, Local Self Government/Panchayatiraj Department 4. Director; Economics and Statistics Department 5. Regional Director; Census Operations Department 6. Senior Regional Manager (Commercial) Railway 7 . Upto two representatives of Non Government Organizations working for Welfare of Manual Scavengers and Safai Karamcharis to be nominated by the State Government 8. Upto two community representatives of whom one should be a woman to be nominated by the State Government
13 · Function of the State Level Survey Committee: The State Level Survey Committee shall perform the following functions, namely a) to monitor and oversee the survey process at state level; to distribute the materials for awareness campaign to designated place; ; to arrange publicity through local newspapers etc. about the survey; to distribute translated survey material to designated place under its jurisdiction; to monitor finalization of list of manual scavengers; f) to monitor the Publication of final consolidated list of the manual scavengers;
14 · District Level Survey committee: The District Level Survey Committee shall consist of the following; namely: 1. District Magistrate Chairman 2. District Level Officer (Deputy Director/Assistant Director/District Member Secretary Probation and Social Welfare officer) Social Justice and Empowerment Department 3. District Statistical Officer Member
4 · Chief Executive Officer at District level office of Nager Nigam IMunicipal Council/Municipality 5. One representative of railway authority 6. Upto two representatives of Non Governmental Organizations working for Welfare of manual scavengers and Safai Karmacharies to be nominated by the District Magistrate 7. Upto two community representatives of whom one should be a woman to be nominated by the District Magistrate
15 · Functions Of_the District_Level Survey Committee:
16 · Duty and Powers of Inspector:
17 · Meetings of State Monitoring Committee: (1) The State Monitoring Committee shall meet at least once in six months 0n such dates and times aS may be appointed by the Chairperson: (2) The meeting shall normally be held at the Jaipur: (3) Where the Committee finds it necessary to hold the meeting at any other place, for the reasons to be recorded in writing, such meetings may be held at other places, within the State. (4) Member-Secretary shall cause a notice of minimum ten days issued to all the members of the Committee and also send the list of business to be considered during the meeting: (5) No business, which is not included in the list of business, shall be considered, without the permission of the Chairperson: (6) The Chairperson shall preside over each meeting at which he is present, and in his absence, members may elect the senior-most member present to be Chairperson to preside over the meeting: (7) No business shall be transacted at a meeting unless at least one third of the total members of the committee are present: Provided that if at any meeting, less than one third of the members are present; the Chairman may adjourn the meeting to a date not less than seven days from the date of the meeting; informing the members present and sending registered notice to the other members. (8) Business at the adjourned meeting shall be disposed irrespective of the quorum: 9) The proceedings of each meeting shall be circulated to all members present and shall be read out and confirmed at the next meeting of the Committee, and shall be signed by the Chairperson: (10) The minutes shall be recorded in a minute book which shall be kept as a permanent record: (11) A copy of the minutes shall be endorsed to the Central Government for the information of the Central Monitoring Committee.
2 · Adequate arrangements shall be made for immediate recoupment of the equipment when necessary 3. The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of work place. 4_ A person in charge of the First-aid box shall be a person trained in first-aid treatment in the work place where the number of employees employed is 150 or more. 5. In work places where the number of employees employed is 500 or more and hospital facilities are not available within easy distance from the work place, first-aid posts shall be established and run by a trained compounder and be shall be on duty and shall be on duty and shall be available at all hours when the workers are at work. 6_ Where works places are situated in places which are not town or cities, a suitable motor transport shall be kept readily available to carry injured person Or person suddenly taken ill to the nearest hospital: 7. The first-aid box shall not contain any other equipment or substance as mention in part (A) and (B) of para 1.
1 · Name of the person engaged in manual scavenging:
2 · Name of Father/Mother/Spouse:
3 · Age:
4 · Sex:
5 · Education Status: (Put a mark in the appropriate box)
6 · Occupation:
10 · (a) Have you received any benefit from the government rehabilitation schemes?
12 · Any other skill you posses:
13 · Alternative Occupation Proposed (Please specify): Name and Address of the person engaged in manual scavenging
1 · Details of Individual insanitary Latrine (IIL):
2 · Details of Community Insanitary Latrine (CIL):
3 · Detail of Open Drain (OD)Railway Tracks /Other spaces:
1 · You are requested to show cause as to why action against You under section of the Act be not initiated: You are requested to submit your clarification in writing by_ (date) or appear in person in my office on at 2 In case you fail to submit the necessary clarification Or YOU Or your representative fails to appear on the specified day and time, it shall be deemed that you have nothing to say in the matter and the undersigned shall be free to take action in accordance with the provisions of the Act and the rules
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