Section 11 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013
11.
(1)The local authority shall ensure that the persons conducting the survey of manual scavengers shall be adequately and appropriately trained by the local authority on the method and manner in which the survey shall be conducted and sensitized on the issue of manual scavenging.(2)The State Level Survey Committee and the District Level Survey Committee shall carry out adequate campaigns at various levels especially in all such areas where insanitary latrines have been found during the survey of insanitary latrines.(3)The local authority shall also associate community leaders or non governmental organizations working for the welfare of Safai Karamcharis or sanitary workers in identification of manual scavengers.(4)The local authority shall invite manual scavengers through awareness campaigns to declare themselves at the self declaration centres and have their details verified during a period and at places, which shall be notified by the local authority.(5)The lists of manual scavengers, if provided by the non governmental organisations or any other persons or agency, shall be fully verified to identify manual scavengers.(6)In case, there is discrepancy between the data of insanitary latrines or the number of manual scavengers thrown up by any person or organisation, 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.(7)Local authority shall also make efforts to identify manual scavengers by visiting the habitations of concentration of safai karamcharis, sanitary workers or manual scavengers.(8)Sample checks of the work done by the enumerators would be carried out by overseers designated for the purpose by the local authority, on the basis of random selection to the extent indicated below :-(i)100% check in villages.(ii)100% check in cities and towns having less than 1000 households with insanitary latrines.(iii)50% of the declarations, verified by each enumerator, shall be checked in towns or cities having 1000 to 9999 households with insanitary latrines.(iv)33% of the declarations, verified by each enumerator, shall be checked in towns/cities having 10000 or more households with insanitary latrines.(v)in categories (iii) and (iv), if sample check of the work done by any enumerator reveals an error of >10%, a 100% check of his work shall be carried out by the supervisor.(9)Any person having objection either to the inclusion or exclusion of any name in the provisional list of manual scavengers in pursuance of Act, may within a period of fifteen days from the provisional publication, file an objection in the prescribed format specified by the concerned local authority.(10)The local authorities shall also notify the manner of publication of said list during the survey of manual scavengers carried out under the Act.(11)The local authority shall get the objections enquired into and hold a meeting, if necessary to finalise the list of manual scavengers in its jurisdiction.(12)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, provided that the manual scavenger shall be entitled to give self declaration about his being a manual scavenger.(13)The District Magistrate shall notify a designated officer not below the Tahsildar or Block Development Officer for inquiring into claims and objections received and giving their findings and the inquiry conducted by the designated authority shall ensure that -(i)the claimant or objector is given adequate opportunity to be heard;(ii)the claimant or objector is given not less than seven days' notice about the date of summary hearing as provided under sub-rule (15);(iii)the claimant or objector shall be allowed to support his claim with documentary evidence, if any, as provided under sub-rule (14);(iv)the claimant or objector shall have the right to be represented by a lawyer, Non Governmental Organization, or a friend; and(v)the claimant or objector shall be given a copy of the order passed by the designated authority as provided under sub-rule (20).(14)Forms for filing claims and objections under these rules shall be made available to the applicants free of charge on demand at the designated place, as also through the website of the local authority and the claimant or objector may support his claim with documentary evidence, if any.(15)Summary hearings shall be conducted by officers designated by the local authority.(16)The officer designated to verify the claims may order fresh verification, if necessary.(17)After summary hearing and such further verification (if ordered), the officer would pass an appropriate order, accepting or rejecting the claim or objection, as the case may be and a copy of the order would be given to the persons concerned.(18)After settlement of claims and 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.(19)The District Level Survey Committee shall cause compilation of lists of manual scavengers received from each local authority, town and prepare a list of manual scavengers for the district which the District Collector will forward to the State Government.(20)The State Government shall have the lists of manual scavengers received from various districts, compiled and prepare a consolidated State list of manual scavengers.(21)Any person working as a manual scavenger, may self declare either during the survey undertaken by the local authority, or any time thereafter, apply to the Chief Executive Officer of the local authority, or to any other officer authorised by him in this behalf, for being identified as a manual scavenger in the prescribed Proforma. Format of the application is given at Annexure-II.(22)There shall be no minimum age limit for identification of manual scavenger, and there shall be no restriction regarding the caste or religion or income or gender for being identified as manual scavenger.(23)For the purposes of sub-rule (22), a person should have been engaged or employed as manual scavenger at the commencement of the Act or thereafter and should have worked as such continuously for not less than three months.(24)A provisional list of identified manual scavengers as verified by the Overseers, 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.(25)A copy of the provisional list shall be made available to members of the local authority and the non Governmental organizations or community leader of Safai Karamcharis or sanitary workers.(26)While publishing the provisional list, the local authority shall call upon members of the public to file claims and objections vis-à-vis the list, within a period, not less than 15 days, in a proforma notified by the local authority.(27)After the approval of the final 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 administration and the State Government.
