Section 39 of The Manual Scavengers Act, PESA : Section 39: Power To Exempt

Explanation using Example

Imagine a scenario where a natural disaster, such as a severe flood, has significantly impacted a particular region. The local government is faced with the immediate need to clean up and restore sanitation services to prevent the outbreak of diseases. However, the equipment and resources required for mechanized cleaning are not readily available due to the disaster.

In this situation, the appropriate Government might use Section 39 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, to issue a special order. This order, published in the Official Gazette, would temporarily exempt certain emergency sanitation work from the provisions of the Act, allowing manual cleaning where absolutely necessary. The order would specify the conditions under which manual cleaning is permitted, ensuring that it is a last resort and that the health and safety of the workers are protected as much as possible. The exemption would be valid for up to six months, providing time for the area to recover and for mechanized cleaning methods to be reinstated.

Following the issuance of this order, it would then be presented before the relevant legislative body, be it the Parliament or State Legislature, to ensure transparency and legislative oversight.