 bill no 10  of  2016 the homeless pavement dwellers (welfare) bill, 2016 byshri gopal chinayya shetty, mp a billto provide for the welfare measures to be undertaken by the state for the homeless citizens living on the pavements of roads, under the bridges, flyovers, bus stops, railway yards, in parks or under the open sky in any public place in the metropolitan cities and other urban areas, and for matters connected therewith or incidental theretobe  it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the homeless pavement dwellers (welfare) act, 2016short title, extent and commencement(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;5(b) "pavement dweller" includes a person living on the pavement or footpath, under the bridge, flyover, bus stop, railway station or yard, in park or under the open sky in any public place in the metros and urban areas; and(c) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, in consultation with state governments and union territory administrations, as soon as may be, but within one year of the commencement of this act, formulate a national welfare policy for the homeless pavement dwellers for being uniformally implemented across the countrynational welfare policy for pavement dwellers(2) without prejudice to the generality of the foregoing provisions, the welfare policy may provide for—15(a) recognition of right of the dwellers to live on pavements without any hindrance or interference from any authority of the government including police and civic authorities till alternative shelter is made available to them;(b) humanitarian approach towards their homelessness and acute poverty by various government authorities;20(c) construction of sufficient number of night shelters or rain baseras with basic facilities at conspicuous places;(d) provision of necessary healthcare with free checkups including diagnostic ones and medicines through mobile dispensaries;(e) provision of potable water; (f) facility of mobile toilets or sulabh toilets wherever possible with bathing facility;25(g) facility of bed sheet and durry once a year on per person basis; (h) facility of blanket and woollens for each person during winter season; (i) free food for the dwellers twice a day; (j) free distribution of mosquito nets to save them from malaria, dengue and other vector borne diseases;30(k) free education to the children of dwellers with provision of free books, stationery and other educational materials dresses, shoes and hostel facilities in deserving cases and vocational training and career counseling for the growth of such children;35(l) necessary assistance in cash or in kind and advice for self employment of the dwellers;(m) withdrawal from begging and other crimes and reforming them in a time bound manner; and(n) such other measures as may be deemed necessary for the purposes of this act40(3) it shall be the duty of the appropriate government to implement the welfare measures prescribed under this act in such manner as may be prescribed4 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds from time to time for carrying out the purposes of this act45central government to provide requisite fundspower to remove difficulty5 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the government of a state shall be guided by such directions and instructions on questions of policy as may be given to it by the central government:5provided that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this actact to have overriding effect6 the provisions of this act and of rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force10power to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15 20(2) every rule made under this act 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 the rule statement  of  objects  and  reasonsdue to population explosion in the country, the problem of homelessness has become quite acute and has become more severe in the urban areas this problem is multiplied when the people from rural areas migrate to urban areas in search of green pastures and pursue their dreams of better life but having a roof over their heads remains a distant dream for most of them after the hard work of the day, they chose some pavements to sleep during the night under the open sky mumbai is one such metropolitan city, the financial hub of the nation, which attracts the people from across the country to try their luck in bollywood and in other professions and pavements of mumbai provide sleeping space to these migrants at present millions of people live and subsist on the pavements or footpaths of mumbai struggling for basic amenities of two sqaure meals and healthcare by various means similar is the case of other metropolitans and other urban areas of the rest of the country these poverty stricken pavement dwellers face the vagaries of nature particularly during the rainy and winter seasons they have no other options but to live in inhuman conditions falling victims of diseases and many a time lose their lives in winter alone hundreds of such pavement dwellers lost their lives due to severe cold in delhi and other urban areas of north indiaours is a welfare state and it is the duty of the state to protect its citizens who are poor, homeless and end up on the pavements the state must implement welfare measures for such citizens of the nationhence this billnew delhi;gopal chinayya shettydecember 22, 2015 financial memorandumclause 3 of the bill provides for the formulation of a national welfare policy for pavement dwellers clause 4 makes it obligatory for the central government to provide requisite funds for carrying out the provisions of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupees ten thousand crore may also involve memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only the delegation of legislative power is of normal character———— a billto provide for the welfare measures to be undertaken by the state for the homeless citizens living on the pavements of roads, under the bridges, flyovers, bus stops, railway yards, in parks or under the open sky in any public place in the metropolitan cities and other urban areas, and for matters connected therewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—4104l(s3)—12-02-2016