 bill no 25 of 2019 the rickshaw pullers and roadside mechanics (freedom to earn livelihood) bill, 2019by shri gopal chinayya shetty, mpa billto provide for complete freedom to earn livelihood to the cycle rickshaw and cartpullers and roadside mechanics by prohibiting the local police and personnel oflocal bodies from impounding or taking away the tools, wares, stuff, cyclerickshaw, cart, etc, so as to enable the poverty stricken and unemployedyouth and other citizens to earn their livelihood without fear and feedtheir dependent families and for matters connected therewith orincidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—short title and extent1 (1) this act may be called the rickshaw pullers and roadside mechanics (freedom to earn livelihood) act, 2019(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in all other cases the central government;(b) "prescribed" means prescribed by rules made under this act;5(c) "rickshaw puller" means a person who physically pulls a cycle rickshaw of any kind which includes a hand cart in order to earn his livehhood; and(d) "roadside mechanic" includes persons repairing bicycle, cycle rickshaw, scooter, motor cycle and other motorized vehicles or those repairing footwear, utensils and other wares by the roadside or under a tree without erecting any permanent structure at the site10freedom to earn livelihood3 notwithstanding anything contained in any other law for the time being in force every rickshaw puller and roadside mechanic shall have complete freedom to earn his livelihood without any hindrance or interference from any authority of the government including those of police and local self-government154 notwithstanding anything contained in any other law for the time being in force, no officer or employee of any authority of local self-government such as municipalities, municipal corporations, municipal councils or by whatever name known shall impound the articles, tools, bicycle, rickshaw, carts of a rickshaw puller or roadside mechaniclocal self government authorities and police personnel not to confiscate or impound the articles, wares, etc205 for earning hassle free livelihood under the provisions of this act, a rickshaw puller or roadside mechanic shall not,—conditions to be followed for earning livelihood(a) obstruct the public place such as roads, footpath, parks and such other places declared as public places by the appropriate government; and(b) obstruct the flow of traffic or vehicles and pedestrians256 it shall be duty of the appropriate government to ensure strict compliance of the provisions of this act to ensure freedom to earn livelihood to every rickshaw puller and roadside mechanic within its territorial jurisdiction in such manner as may be prescribedappropriate government to ensure complianceact to have overriding effect307 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actpower to give directions8 the central government may give directions to the government of any state forimplementing the provisions of this act in the statepower to remove difficulty359 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of three years from the dateof commencement of this actpower to make rules4010 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 statement of objects and reasonsafter the population explosion, the worst problem our country is facing today is ever growing unemployment scenario the number of unemployed is growing menacingly government services have become scarce due to trimming of government departments public sector undertakings are resorting to voluntary retirement schemes and moreover they are being disinvested for ultimate privatisation hence there are no jobs in the public sector undertakings agriculture which used to be biggest employment provider is also undergoing slump because of unremunerative price structure and fall in prices of commodities the private sector is relying more and more on computers thus the employment generation is not commensurate with the growing populationself-employment seems to be the only way to tackle unemployment but it requires finance and every one can not afford to have that some citizens try to earn their livelihood through rickshaw pulling or by hawking or vending articles or repairing motor vehicles, cycles, footwear etc by the roadside but most of them are hounded by local police and municipal employees they have to grease the palms of the police and municipal employees or their articles and other things are taken away and impounded thus they remain under threat and can not earn their livelihood with freedom when state can not provide employment to these poor people they should not be denied their right to earn livelihood so it is felt that there should be complete freedom for these poor people to earn their livelihood and there should be no interference from police or local authorities in their vocationthe hon'ble supreme court had issued orders in 1985 to prepare instructions for hawkers, pavement dwellers, etc and even under the tenure of hon'ble prime minister late shri atal bihari vajpayee, many positive steps were taken regarding this in parliamentin response to the directions issued by the supreme court, the street vendors(protection of livelihood and regulation of street vending) act, 2014 was enacted to protect the rights of urban street vendors however, the concerns of rickshaw pullers and roadside mechanics has not yet been addressed the need is, therefore, to provide for complete freedom to the rickshaw pullers and roadside mechanies to earn their livelihoodhence this billnew delhi;gopal  chinayya  shettydecember 17, 2018 memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for complete freedom to earn livelihood to the cycle rickshaw and cart pullersand roadside mechanics by prohibiting the local police and personnel of local bodiesfrom impounding or taking away the tools, wares, stuff, cycle rickshaw, cart, etc,so as to enable the poverty stricken and unemployed youth and othercitizens to earn their livelihood without fear and feed their dependentfamilies and for matters connected therewith orincidental thereto————(shri gopal chinayya shetty, mp)mgipmrnd—3255ls—01022019