Conferment of Powers of the Judicial Magistrates on the Executive Magistrates under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
The Adi Dravidar and Tribal Welfare Department issued G.O. Ms. No. 24, Adi Dravidar and Tribal Welfare (ADW6), dated 5 April 2017, under which the Governor of Tamil Nadu conferred specified judicial powers on Revenue Divisional Officers. All Executive Magistrates in the grade of Revenue Divisional Officer in Tamil Nadu may exercise the powers of a Judicial Magistrate of the first class to try offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
What the notification does
The Adi Dravidar and Tribal Welfare Department issued G.O. Ms. No. 24, Adi Dravidar and Tribal Welfare (ADW6), dated 5 April 2017. Acting under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, the Governor of Tamil Nadu gives certain Executive Magistrates the authority to try offences under that Act.
The notification applies throughout Tamil Nadu. It concerns the powers of Revenue Divisional Officers when dealing with offences under the central Act, rather than their ordinary revenue administration functions.
Who receives the powers
G.O. Ms. No. 24 applies to all Executive Magistrates in the grade of Revenue Divisional Officer in the State.
The key provisions are:
- Every Executive Magistrate holding the grade of Revenue Divisional Officer receives the relevant judicial authority.
- The authority conferred is that of a Judicial Magistrate of the first class.
- The authority is limited to the trial of offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
- The Governor of Tamil Nadu confers these powers using the authority provided by the central Act.
Who may be affected
The conferment of powers may affect people involved in proceedings concerning alleged offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Such offences may be tried by an Executive Magistrate in the grade of Revenue Divisional Officer exercising the powers of a Judicial Magistrate of the first class.
The notification does not set out offence definitions, penalties, rehabilitation measures or trial procedures. It only identifies the State officers who may exercise judicial powers for trials under the Act.
Relevance to property and land matters
G.O. Ms. No. 24 does not contain provisions changing land ownership, land classification, planning permission, registration or revenue records. Its subject is the judicial authority of Revenue Divisional Officers for offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
A property buyer or owner would therefore be affected only if a matter connected with the property involves proceedings for an offence under that Act.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this notification give every Revenue Divisional Officer judicial powers?
It gives all Executive Magistrates in the grade of Revenue Divisional Officer in Tamil Nadu the powers of a Judicial Magistrate of the first class for trying offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
Can a Revenue Divisional Officer use these powers for every criminal case?
The notification confers the powers only for the trial of offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
Does G.O. Ms. No. 24 change my patta or land ownership?
No change to patta, land ownership or revenue records is stated. The notification deals only with judicial powers for trying offences under the specified Act.
Who issued G.O. Ms. No. 24 and when?
The Adi Dravidar and Tribal Welfare Department issued G.O. Ms. No. 24, Adi Dravidar and Tribal Welfare (ADW6), dated 5 April 2017, and the powers were conferred by the Governor of Tamil Nadu.
