Bill Summary

The Assam State Commission for Safai Karamcharis Bill, 2023

• The Assam State Commission for Safai Karamcharis Bill, 2023 was introduced in the Assam Legislative Assembly on April 4, 2023.  It establishes a State Commission for Safai Karamcharis to protect the interests of safai karamcharis and address their grievances.  Safai karamcharis are persons engaged in carrying human excreta manually or any sanitation work.  Key features of the Bill include:

• Assam State Commission for Safai Karamcharis: The state government will constitute the Commission for Safai Karamcharis.  The state government will nominate the Chairperson, Vice Chairperson, and eight other persons to be members of the Commission.  The Director, Welfare of Scheduled Castes (SCs) and Backward Classes, and the Managing Director Assam State Development Corporation for SCs will be ex-officio members of the Commission.  All members except the ex-officio members will have a term of three years.  The state government may remove any member on certain grounds such as: (i) insolvency, (ii) being declared of unsound mind by a competent court, (iii) abuse of position, and (iv) convicted and sentenced to imprisonment for an offence involving moral turpitude in the opinion of the state government.

• Functions of the Commission: Key functions of the State Commission include: (i) recommending programmes to eliminate inequalities in status, facilities, and opportunities for safai karamcharis, (ii) evaluating the implementation of programmes relating to socio-economic development for safai karamcharis and accordingly make recommendations, (iii) investigating specific grievances and taking suo-moto notice of matters relating to non-implementation of programmes, guidelines, decisions, and provisions of any law for the welfare of safai karamcharis, and (iv) any other functions referred by the state government.

• Powers of the Commission: The Commission will have all the powers of a civil court under the Code of Civil Procedure, 1908.  Other powers include: (i) summoning and enforcing attendance of any person from any part of Assam and examining them on oath, (ii) discovery and production of any document and witness, (iii) receiving any evidence on affidavit, and (iv) any other matter which may be prescribed.