Section 12 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Application by an urban manual scavenger for identification.
- (1)Any person working as a manual scavenger in an urban area, may, either duringthe survey undertaken by the Municipality in pursuance of section 11, within whosejurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed,to the Chief Executive Officer of the Municipality, or to any other officer authorised by him inthis behalf, for being identified as a manual scavenger.
- (2)On receipt of an application under sub-section (1), the Chief Executive Officer shallcause it to be enquired into, either as part of the survey undertaken under section 11, or,when no such survey is in progress, within fifteen days of receipt of such application, toascertain whether the applicant is a manual scavenger.
- (3)If an application is received under sub-section (1) when a survey under section 11is not in progress, and is found to be true after enquiry in accordance with sub-section (2),action shall be taken to add the name of such a person to the final list published undersub-section (6) of section 11, and the consequences mentioned in sub-section (7) thereofshall follow
Summary
- Any person working as a manual scavenger in an urban area can apply to be officially identified as one.
- The application can be submitted while a survey is actively happening under Section 11, or at any time after the survey is completed.
- The application must be submitted to the Chief Executive Officer of the Municipality or to an officer authorized by him.
- If there is no survey currently in progress, the Chief Executive Officer must cause an inquiry to be made within fifteen days of receiving the application.
- If the application is found to be true when no survey is in progress, the person's name must be added to the final list of manual scavengers.
- Once the person's name is added to the final list, they immediately stand discharged from any obligation to work as manual scavengers.
Practical examples
FAQ
1. When can an urban manual scavenger apply for identification under Section 12?
An urban manual scavenger can apply either during the survey under Section 11 or at any time after that survey has ended.
2. To whom should the application under Section 12 be submitted?
The application must be made to the Chief Executive Officer of the Municipality, or to any other officer authorized by the Chief Executive Officer on this behalf.
3. How long does the Chief Executive Officer have to investigate an application when no survey is in progress?
The inquiry must be completed within fifteen days from the date of receiving the application.
4. What happens if an application submitted outside of a survey is found to be true?
The applicant's name will be added to the final list published under Section 11, and they will stand discharged from any obligation to work as a manual scavenger.
Test yourself
1.Under Section 12 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, within how many days must the Chief Executive Officer conduct an inquiry into an identification application when no survey under Section 11 is currently in progress?
2.Under Section 12 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, when is an urban manual scavenger allowed to apply for identification?
3.Under Section 12 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what must happen if a person's application is found to be true after an enquiry when no survey is in progress?
4.Under Section 12 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, to whom can an urban manual scavenger submit their application for identification?