Section 39 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Power to exempt.
- (1)The appropriate Government may, by a general or special order published in theOfficial Gazette, for reasons to be recorded, and subject to such conditions as it may impose,exempt any area, category of buildings or class of persons from any provisions of this Act orfrom any specified requirement contained in this Act or any rule, order, notification, bye-lawsor scheme made thereunder or dispense with the observance of any such requirement in aclass or classes of cases, for a period not exceeding six months at a time.
- (2)Every general or special order made under this section shall be laid, as soon as maybe after it is made, before each House of Parliament or each House of State Legislature, wherethere are two Houses and where there is one House of State Legislature, before that House.
Summary
- The "appropriate government" (which can be the Central or State government depending on the location) has the power to grant exemptions.
- Exemptions can apply to specific areas, types of buildings, or groups of people.
- The government can excuse these groups from following certain parts of the law or specific rules and schemes.
- To do this, the government must issue an official order and write down the specific reasons for the exemption.
- Each exemption is temporary and cannot last for more than six months at a time.
- These orders must be presented to Parliament or the relevant State Legislature for review.
Practical examples
FAQ
1. Who can grant an exemption under Section 39?
The "appropriate government" can, which means the Central Government for central lands (like railways) and the State Government for most other areas.
2. How long can an exemption last?
An exemption can only be granted for a period not exceeding six months at a time.
3. Can an exemption be permanent?
No, the law limits them to six months at a time, though the government could potentially issue a new order if needed, provided they follow the same process.
Test yourself
1.Under Section 39 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what is the maximum duration for a single exemption order?
2.What must the appropriate government do when issuing an exemption under Section 39 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013?
3.According to Section 39 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, an order made by a State Government must be laid before:
4.Under Section 39 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which of the following can be exempted from the Act's provisions?