Section 37 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
- (1)Notwithstanding anything contained in section 36 of this Act:—
- (a)the Central Government shall, by notification, publish model rules for theguidance and use of State Governments; and
- (b)in case the State Government fails to notify the rules under section 36 of thisAct within the period of three months specified therein, then the model rules as notifiedby the Central Government shall be deemed to have come into effect, mutatis mutandis,in such State, till such time as the State Government notifies its rules.
- (2)The model rules made by the Central Government under this Act shall be laid, assoon as may be after they are made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses make any modification in therule, the rule shall thereafter have effect only in such modified form; so, however, that anysuch modification shall be without prejudice to the validity of anything previously doneunder that rule.
Summary
- The Central Government must create and publish template rules, called model rules, to guide State Governments.
- These model rules serve as a backup for any State that fails to create its own rules on time.
- If a State Government does not set its own rules within three months of the law starting, the Central Government's model rules automatically apply there.
- The model rules stay in effect in that State until the State Government eventually notifies its own specific rules.
- All model rules must be presented to both Houses of Parliament for a total of thirty days while they are in session.
- Parliament has the power to modify or cancel these rules during this review period.
Practical examples
FAQ
1. Can the model rules be changed after they are published?
Yes, if both Houses of Parliament agree to a modification within the thirty day review period, the rules will only have effect in that new modified form.
2. Do the model rules apply to every State forever?
No, they only apply as a default if the State has not made its own rules, and they stop applying once the State notifies its own specific rules under Section 36.
3. Who is responsible for writing these "template" rules?
The Central Government is responsible for publishing these model rules to provide guidance and ensure the law can be followed everywhere.
Test yourself
Q1.Under Section 37 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what triggers the "deemed" application of model rules in a State?
Q2.For how long must the Central Government's model rules be laid before Parliament under Section 37 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013?
Q3.If a State notifies its own rules under Section 36 four months after the Act starts, what happens to the model rules previously active under Section 37 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013?
Q4.According to Section 37 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, who is responsible for publishing the model rules?