PEMSTR Act 5Chapter III · Prohibition of Insanitary Latrines and Employment and Engagement as Manual Scavenger
Section 5 · Prohibition of insanitary latrines and employment and engagement of manual scavenger
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(1)
Notwithstanding anything inconsistent therewith contained in the Employmentof Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person,local authority or any
agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and everyperson so engaged or employed shall stand discharged immediately from any obligation,express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shalleither be demolished or be converted into a sanitary latrine, by the occupier at his own cost,before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, theliability to demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be theowner; and
(b) all the occupiers, jointly and severally, in all other cases:
Provided that the State Government may give assistance for conversion of insanitarylatrines into sanitary latrines to occupiers from such categories of persons and on suchscale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall not be a valid ground tomaintain or use an insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitarylatrine within the period specified in sub-section (2), the local authority having jurisdictionover the area in which such insanitary latrine is situated, shall, after giving notice of not lessthan twenty one days to the occupier, either convert such latrine into a sanitary latrine, ordemolish such insanitary latrine, and shall be entitled to recover the cost of such conversionor, as the case may be, of demolition, from such occupier in such manner as may be prescribed.
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and everyperson so engaged or employed shall stand discharged immediately from any obligation,express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shalleither be demolished or be converted into a sanitary latrine, by the occupier at his own cost,before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, theliability to demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be theowner; and
(b) all the occupiers, jointly and severally, in all other cases:
Provided that the State Government may give assistance for conversion of insanitarylatrines into sanitary latrines to occupiers from such categories of persons and on suchscale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall not be a valid ground tomaintain or use an insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitarylatrine within the period specified in sub-section (2), the local authority having jurisdictionover the area in which such insanitary latrine is situated, shall, after giving notice of not lessthan twenty one days to the occupier, either convert such latrine into a sanitary latrine, ordemolish such insanitary latrine, and shall be entitled to recover the cost of such conversionor, as the case may be, of demolition, from such occupier in such manner as may be prescribed.
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