- May 2018
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www.scribd.com www.scribd.com
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Maximum number of hours of work is fixed Extra payment over and above the fixed wage for Overtime. One day off for every seven days of work
Main clauses of the act - specifics of what the act entails
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The Act’s main object is to prevent sweated labour.(i.e. exploitation of labour) as well as exploitation of unorganizedlabour
Scope of minimum wages act
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Enacted in 1948, the MWA is social welfare legislation undertakento further the Directive Principles of State Policy- in Part IV of theIndian Constitution.
Factual history of the act
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In asituation where an employment already has a notified minimum wage fixed and the workers feel that the employer has the resourcesto pay a better wage and succeed in their claim throughadjudication/ collective bargaining, the higher wage procured istermed a “fair wage”
Difference between Fair Wage and Minimum
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According to the Supreme court in Unnichoyi v. State of Kerala 4 .the statutory wage is such a wage. That is, a wage that must not onlyprovide the bare subsistence of life but for the preservation of theefficiency of the worker and so it must also provide for some measureof education , medical requirements and amenities for himself andhis family. This has been followed by the Karnataka High Court inits judgement delivered in 2003 in the Mangalore Ganesh Beedi works case 5 , and so is the law applicable in Karnataka.
Related judgments and precedents
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minimum wagesfixed by the government exercising the minimum wage fixationpowers given to it by the Minimum wages Act, 1948. Once such a wage is fixed for a given employments the employers are boundunder law to pay such a wage.
Explaining the concept of minimum wages and what it means
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Starting from the “subsistence theory of wages,” which in its simplestform states that minimum wages should be enough only to providethe bare minimum required for physical subsistence, to the viewput forward by the International Labour Organization of providingindividuals with the means to live a dignified lif
History of minimum wages act
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C. Gopinath and themembers of Cividep, who have been working with garment workers,and Sister Celia, who was instrumental in forming the first tradeunion of domestic workers in the country
Garment workers and work being done with them for Min. Wages
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- Mar 2018
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www.indiacode.nic.in www.indiacode.nic.in4812GI.p6511
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vending zone” means an area or a place or a location designated as such bythe local authority, on the recommendations of the Town Vending Committee, for thespecific use by street vendors for street vending and includes footpath, side walk,pavement, embankment, portions of a street, waiting area for public or any such placeconsidered suitable for vending activities and providing services to the general public.
Used in the booklet on Pg 19 as: " The BBMP too cannot evict street vendors. The law is clear that BBMP has to first conduct a survey of all street vendors, and then issue ID Cards. Till then, no one can be evicted ir relocated. The BBMP has also issued a note about this. While clearing footpaths, the BBMP cannot violate the Street Vendors Act. Any move to evict is thus against the law!"
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No street vendor shall be evicted or, as the case may be, relocated till the surveyspecified under sub-section (1) has been completed and the certificate of vending is issuedto all street vendors.
Used in the graphic booklet on Pg 7 as "The police department has issued a circular - no street vendor can be evicted or relocated until the BBMP conducts a survey of all the street vendors and issues ID cards. Any move to evict is against the new law"
Also as
Used in the booklet on Pg 19 as: " The BBMP too cannot evict street vendors. The law is clear that BBMP has to first conduct a survey of all street vendors, and then issue ID Cards. Till then, no one can be evicted ir relocated. The BBMP has also issued a note about this. While clearing footpaths, the BBMP cannot violate the Street Vendors Act. Any move to evict is thus against the law!"
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No street vendor shall be relocated or evicted by the local authority from the placespecified in the certificate of vending unless he has been given thirty days’ notice for thesame in such manner as may be specified in the scheme.
Used in the booklet on Pg 17 as: "What if shopkeepers or residents threaten to move us out of the footpath?"
Also as
Used in the booklet on Pg 17 as: "Shops and houses have the right to ensure that access to their house or gate is not blocked" said Neela. If we don't block that, we are not doing any wrong. Discuss problems amicable. If they insist you vacate for no reason, tell them that only BBMP can regulate vending and talk to the union. Sometimes the police files a petty case against vendors - under Section 92 (G) of Karnataka Police Act or Section 283 of IPC. If this happens, just don't pay the fine - if you pay it is as though you are guilty. Street Vending is not a crime - it is pakka legal. Tell the police that you would like to challenge the case in court and talk to the union. In fact, the office of the police commissioner has issued a circular ordering its officers to learn about the act."
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The appropriate Government may constitute one or more committees consistingof a Chairperson who has been a civil judge or a judicial magistrate and two other professionalshaving such experience as may be prescribed for the purpose of deciding the applicationsreceived under sub-section (2)
Used in the booklet on Pg 17 as: "Shops and houses have the right to ensure that access to their house or gate is not blocked" said Neela. If we don't block that, we are not doing any wrong. Discuss problems amicable. If they insist you vacate for no reason, tell them that only BBMP can regulate vending and talk to the union. Sometimes the police files a petty case against vendors - under Section 92 (G) of Karnataka Police Act or Section 283 of IPC. If this happens, just don't pay the fine - if you pay it is as though you are guilty. Street Vending is not a crime - it is pakka legal. Tell the police that you would like to challenge the case in court and talk to the union. In fact, the office of the police commissioner has issued a circular ordering its officers to learn about the act."
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Notwithstanding anything contained in any other law for the time being in force,no street vendor who carries on the street vending activities in accordance with the termsand conditions of his certificate of vending shall be prevented from exercising such rights byany person or police or any other authority exercising powers under any other law for thetime being in force
Used in the booklet on Pg 17 as: "Asking for hafta is illegal. Even the Supreme Court lamented this injustice. This is what the court said: 'Street Vendors are harassed a lot and are constantly victimized by the officials of local authorities, the police etc. who regularly target them for extra income and treat them with extreme contempt. Perhaps these minions in the administration have not understood the meaning of the term 'dignity' enshrined in the preamble of the constitution."
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Each Town Vending Committee shall consist of
Used in the booklet on Pg15 as: "To conduct the survey, BBMP will create a town vending committee, with at least 40% members as street vendors, and rest from the Municipality, police, NGOs, RWAS wtc. Therefore according to the law atleast 40% members should be street vendors"
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The Town Vending Committee shall, within such period and in such manner asmay be specified in the scheme, conduct a survey of all existing street vendors, within thearea under its jursidiction, and subsequent survey shall be carried out at least once in everyfive years.
Used in the booklet on Pg15 as: "The BBMP has to first conduct a survey of all the street vendors in the city."
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t extends to the whole of India except the State of Jammu and Kashmir.
Used in the booklet on Pg 14 as: "The new law says you have a right to vend anywhere in the country"
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It shall come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint; and different dates may be appointed for different States andany reference in any provision to the commencement of this Act shall be construed inrelation to any State as a reference to the coming into force of that provision in that State.
Used in the booklet on Pg 13 along with some background into how the act came about as: "There was no law specifically for street vendors," said Neela. "Several unions protested for a long time. First, a national level policy was launched in 2009. The in 2013, an important case was fought in the supreme court by Maharashtra Ekta Hawkers Union. It was a union of people like you and me. And in the 2014, the Street Vendors Act of 2014 became a new law. The law says street vending is your right."
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This Act may be called the Street Vendors (Protection of Livelihood and Regulationof Street Vending) Act, 2014.
Used in the graphic booklet on Pg 7, Pg 10, Pg 12 as " In 2014, the government of India passed a law saying street vending is a lawful activity. No one can stop you from vending" -- This is the main point reiterated through out the booklet in different ways
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“street vendor”
Definition of Street Vendors - Characters and stories in the graphic booklet conceptualized from this
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