PEMSTR Act 36Chapter VIII · Miscellaneous
Section 36 · Power of appropriate Government to make rules
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(1) The appropriate Government shall, by
notification, make rules for carrying outthe provisions of this Act, within a period not exceeding three
months from the date ofcommencement of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;
(b) the manner in which the excreta fully decomposes under clauses (e) and (g)of sub-section (1) of section 2;
(c) the manner of carrying out survey of insanitary latrine and publishing listthereof under clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (3) of section 5;
(e) content and methodology of the survey under sub-section (2) of section 11;
(f) the eligibility conditions for identification of manual scavengers and publicationof provisional list of persons found to be working as manual scavengers under sub-section(4) of section 11;
(g) publication of final list of persons found to be working as manual scavengersunder subsection (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 12 or, as the case may be, sub-section (1) of section 15;
(i) provision of initial, one time, cash assistance under sub-clause (ii) of clause(a) of sub-section (1) of section 13;
(j) such other powers of Inspectors under clause (e) of sub-section (2) of section20; and
(k) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.
(4) Every rule made under this Act by the State Government shall, as soon as may beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;
(b) the manner in which the excreta fully decomposes under clauses (e) and (g)of sub-section (1) of section 2;
(c) the manner of carrying out survey of insanitary latrine and publishing listthereof under clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (3) of section 5;
(e) content and methodology of the survey under sub-section (2) of section 11;
(f) the eligibility conditions for identification of manual scavengers and publicationof provisional list of persons found to be working as manual scavengers under sub-section(4) of section 11;
(g) publication of final list of persons found to be working as manual scavengersunder subsection (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 12 or, as the case may be, sub-section (1) of section 15;
(i) provision of initial, one time, cash assistance under sub-clause (ii) of clause(a) of sub-section (1) of section 13;
(j) such other powers of Inspectors under clause (e) of sub-section (2) of section20; and
(k) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.
(4) Every rule made under this Act by the State Government shall, as soon as may beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.
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