Section 1 Short title, extent, application, commencement, duration and savings.
(1) This Act may becalled the National Commission for Safai Karamcharis Act, 1993.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date2 as the Central Government may, by notification in theOfficial Gazette, appoint.
(4) It shall cease to have effect after the 3[29th day of February, 2004], except as respects things doneor 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and upon such cesser section 6 of the General Clauses Act,1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act.
Section 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 undersection 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 humanexcreta or any sanitation work;
(f) "Vice-Chairperson" means the Vice-Chairperson of the Commission.
Section 3 Constitution of the National Commission for Safai Karamcharis.
(1) The CentralGovernment shall, by notification in the Official Gazette, constitute a body to be known as the NationalCommission for Safai Karamcharis to exercise the powers conferred on, and to perform the functionsassigned to, it under this Act.
(2) The Commission shall consist of --
(a) a Chairperson;
(b) a Vice-Chairperson;
(c) fiveMembers,
to be nominated, from amongst the persons of eminence connected with the socio-economic developmentand welfare of Safai Karamcharis, by the Central Government:
Provided that at least one of the Members shall be a woman.
Section 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 periodnot exceeding three years as may be specified by the Central Government in this behalf or up to the 31stday of March, 1997, whichever is earlier.
1[Provided that the Chairperson, Vice-Chairperson and every Member holding office as suchimmediately 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 thecommencement 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 Governmentin 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 andevery Member appointed on or after the 16th day of February, 2001, shall hold office for a period notexceeding 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 theCentral Government, resign from the office of Chairperson, Vice-Chairperson, or as the case may be, ofthe Member at any time.
(3) The Central Government shall remove a person from the office of Chairperson, Vice-Chairpersonor 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 theCentral 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 consecutivemeetings 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 persons continuance in office detrimental to the publicinterest:
Provided that no person shall be removed under this clause until that person has been given areasonable 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 freshnomination and a person so nominated shall hold office for the unexpired period of the term for which hispredecessor 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 service of, theChairperson, Vice-Chairperson and Members shall be such as may be prescribed.
Section 5 Officers and other employees of the Commission.
(1) The Central Government shall providethe Commission with such officers and employees as may be necessary for the efficient performance ofthe functions of the Commission under this Act.
(2) The salaries and allowances payable to, and other terms and conditions of service of, the officersand other employees appointed for the purpose of the Commission shall be such as may be prescribed.
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