Government Orders of Interest to Citizens

GOVERNMENT OF TAMIL NADU

ABSTRACT

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993 - Section 3(1) and (2) – Preliminary Notification Confirmed – Notification Issued.

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Adi Dravidar and Tribal Welfare (ADW-8) Department

G.O. (Ms) No.165
Dated.:07.11.2005

Read:-

1. 1.          G.O.(D) No.115, AD&TW Dept. Dated.17.6.2003.
   2.          From the Commissioner, ADW letter No.Rc.H1/30013/2001, dated.12.9.2001.

ORDER:

In the G.O. first read above, a Preliminary Notification under section 3(2) of the Employment of Manual Scavengers and  the Construction of Dry Latrines (Prohibition) Act, 1993 (Central Act of 46 of 1993)  was issued and published in the Adi Dravidar and Tribal Welfare Department Notification No.I I (2), ATW/479/2003 at page 274 of Part II, -Section 2 of the Tamil Nadu Government Gazette, dated the 9th July 2003.  Objections were invited from all the concerned within 90 days from the date of publication of the said   notification in the Tamil Nadu Government Gazette.

 2. The Government have received a representation from Thiru.A.S. Narasimhan, Advocate, High Court, who has not raised any substantial objection but expressed his opinion that in view of the prevalence of the practice of open defecation and the inefficiencies of official machinery, the implementation of the Act will be difficult .  The Government have carefully scrutinised the objection and decided to reject the objection as it is without substance and based on the presumption of the petitioner.

3. The Government is satisfied that  adequate facilities for the use of water-seal latrines in the state and that  It is necessary to enforce the provisions of the said Act prohibiting any person to engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta  and to construct or maintain a dry latrine  in the whole of the State for the protection and improvement of the environment and public health in the State.

4.  The Notification appended to this order will be published in the Tamil Nadu Government Gazette both in English and Tamil.  The Secretary to Government Tamil Development Culture and Religious Endowment (Translation) Department, Secretariat, Chennai -9 is requested to supply the Tamil Translation of the Notification to the Works Manager, Government Central Press, Chennai -79.

 5. The Works Manager, Government Central Press, Chennai 79 is requested to send five copies of the Notification to the Government for reference and record.

 //By order of the Governor//

K.  DEENABANDU,
SECRETARY TO GOVERNMENT.

 To

1. The Works Manager, Government Central Press, Chennai-79.

(For publication of the Notification in the Tamil Nadu Government  Gazettee)

2. The Secretary , National Commission for Safai Karamcharis

‘B’ Wing, 4th Floor, Lok  Nayak Bhavan, Khan Market, New Delhi  110 003.

3. The Secretary to Government,

Tamil Development, Culture and Religious Endowment Department, Chennai-9 (2 copies)

4. The Secretary to Government,

Rural Development Department, Chennai-9.

5. The Secretary to Government,

Municipal Administration and Water Supply Department, Chennai-9.

6. The Director, Adi Dravidar Welfare, Chennai-5.

7. The Director, Tribal Welfare, Chennai-5.

8. The Managing Director, TAHDCO, Chennai-101.

9. The Director, Rural Development,

Panagal Building, Saidapet, Chennai-15.

10.The Commissioner for Municipal Administration, Chennai-5.

11. The Director of Town Panchayat,

Kuralagam, Chennai-108.

12. The Commissioner, Corporation of Chennai, Madurai, Coimbatore, Tiruchirapalli.

13. All Collectors .

Copy to:

All Department of Secretariat, Chennai-9.

All Head of Department.

Law Department, Chennai-9.

P.S. to Secretary, Adi Dravidar and Tribal Welfare Department, Chennai-9.

P.A. to Deputy Secretary to Government, (ADW) /  (LA),

Adi Dravidarand Tribal Welfare Department, Chennai-9.

Senior Personal Assistant  to Minister (Adi Dravidar Welfare) Chennai-9.

All Sections in Adi Dravidar and Tribal Welfare Department, Chennai-9.

SF/SC.

APPENDIX.

NOTIFICATION.

In exercise of the powers conferred by sub-section (1) of section 3 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (Central Act 46 of 1993),  the Governor of Tamil Nadu  hereby specifies the      10th day of November 2005 as the date and the whole of the State of Tamil Nadu as the area to the  effect that  no person shall -

(a)   engage in or employ for or permit to be  engaged in or employed for any other person for manually carrying human excreta; or

(b)   construct or maintain a dry latrine, the draft of the same having been previously published as required under clause (i) of sub-section (2) of section 3 of the said Act.

 K. DEENABANDU                
SECRETARY TO GOVERNMENT.