1. Street vending as a profession has been in existence in India since time immemorial(1). The street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public or private area from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region, specific, and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly(2).
A street vendor is defined as person who offers goods or services for sale to the public without having a permanent/built up structure but with a temporary static structure or mobile stall (or head load). Street vendor may be stationary (by occupying space on the pavements or other public/private areas) or may be mobile in the sense that they move from place to place carrying their wares on push carts or in cycles or baskets on their heads or may sell their wares in moving bus etc(3). The term urban vendor is inclusive of both traders and service providers. The street vendors are among under the definition and purview of unorganized sector, under the unorganized Workers Social Security Act, 2008(4). Unorganized Sector means an enterprise owned by individuals or self-employed workers and engaged in production or sale of goods or providing service of any kind whatsoever, and where the enterprise employ workers, the member of such workers in less than ten(5). The union legislation, the unorganized workers Social Security Act, 2008 impose duty on the state governments to formulate and notify from time to time, suitable welfare schemes for unorganized worker in the following matters
(a) Provident Fund.
(b)Employment injury benefit.
(c) Housing.
(d)Educational schemes for children.
(e) Skill upgradation of Workers.
(f) Funeral Assistance and
(g) Old age homes.
2. The Unorganized Workers Social Security Act, 2008 imposes duty on Central government to establish and constitute National Social Security Board(6) and directed the State Governments to constitute State Boards(7). The list of unorganized workers categories are more in numbers. It is only a measure of advisory and not creating any right on unorganized workers. The schedule I to the Act mentions ten schemes for unorganized workers are as follows:-
I. Indira Gandhi National Old Age Pension Scheme:
The scheme is made applicable to elderly citizens above 65 years, who are coming under the category of below the poverty line. The pension is payable to the beneficiary through post office or through Nationalised Bank(8).
II. National Family Benefit Scheme:
The scheme is framed to pay lumpsum amount to the family in case of natural or accidental death of head of the family bread winning member, aged between 18 and 65 years(9).
III. Janani Suraksha Yojana:
The scheme aimed to reduce the infant mortality rate and give birth children in Government or in recognized private hospitals.
IV. Hand Loan Weavers’ comprehensive Welfare Scheme.
V. Handicraft Artisans’ comprehensive Welfare Scheme.
VI. Pension to Marter Craft Person.
VII. National Scheme for welfare of fishermen and Training and Estension.
VIII. Janshree Bhima Yojana.
IX. Aam Admi Bima Yojana.
X. Rashtriya Swasthya Bima Yojana.
There is no unified and centralized scheme or mechanism. There is no proper funding for the schemes. The above schemes are operated by various ministries.
3. The Government of Tamil Nadu in view of powers conferred under Sections 3 & 4 of Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982(10) passed the Tamil Nadu Street Vending and Shops and Establishments Workers’ Welfare Scheme, 2010(11). The Scheme is extended to apply all manual workers engaged in street vending and made it applicable to small traders like hawkers, those selling goods either or pavements or by carrying them in baskets or in carts and petty shop keepers and such other type of workers and shops and establishments employing four and less workers(12). The scheme includes self-employed persons. The self-employed person means any person who has directly engaged himself, in the employment of street vending and includes small traders like hawkers, those selling goods either on pavements or by carry them in baskets or in carts and petty shop keepers and other type of workers and shops and establishment employing four and less workers, specified in the schedule to the Act.
4. For benefiting under the Rule there are certain conditions to be satisfied. Any person completed the age of 18 years but not completed 60 years may apply to the Labour Officer (Social Security Scheme) in the respective district(13). The Labour officer on satisfaction of information, register the name of the applicant as member. The registration is valid for a period of five years or until the registered manual worker attain the age of 60 years whichever is earlier. After registration, identity card will be issues at free of cost(14).
5. The Labour officer may suspend or cancel the registration if the applicant has furnished incorrect or false information, by giving reasonable opportunity to the manual worker. If the manual worker is aggrieved, may prefer appeal to the Chief Executive Officer within 30 days but not exceeding 90 days. The rule empower to create fund out of the contributions received from the Government as grant, investments, contributions etc(15). The member of the fund is renewable before the expiry of five years. The registered manual workers are entitled for personal accident relief including death. The legal heirs are entitled to receive the benefit in case of accidental death. The scheme enumerates the list and risk and the amount of compensation payable. In case of disablement due to accident, the registered manual worker shall be eligible to claim wheel chair or artificial limbs in addition to the compensation(16).
(a) Pension Scheme(17):
Every registered manual worker who has completed the age of 60 years eligible for pension, provided that a manual worker who has not completed 60 years of age, but registered in the board is also eligible of pension, if he has become disabled due to sickness and incapacitated from normal work. The quantum of pension under this scheme shall be Rs.1000/- (Rupees one thousand only)(18).
(b) Assistance to meet the funeral expenses of registered manual worker:
The scheme provides for assistance to meet the funeral expenses of a registered manual worker of Rs.2000/- to the nominee of the deceased manual worker to meet funeral expenses(19).
(c) Assistance on the Natural death of a Registered Manual worker:
The scheme provide for assistance, in case if the registered manual worker died naturally, the labour officer (social security scheme) pay a sum of Rs.15000/- (Rupees Fifteen thousand only) on verification of death(20).
(d)Assistance for Education of the Son or daughter of a registered manual worker:
The scheme provides for assistance for the education of the children of registered manual workers as per the table after due verification(21).
(e) Assistance for marriage:
The scheme provides for marriage expenses of the registered manual worker or of his son or daughter of Rs.3000/- and Rs.5000/- for workers on application and on verification(22).
(f) Assistance for delivery or miscarriage of pregnancy or termination of pregnancy by registered manual female worker:
The scheme provides for expenses, for pregnancy, delivery, miscarriage and termination, on application by female manual worker for herself on application subject to the verification by Labour Officer (social security scheme). The amount of Rs.6000 for pregnancy to be paid in two installments as per rule. For miscarriage of pregnancy is Rs.3000/- and for termination of pregnancy is Rs.3000/- The assistance shall be given only twice and there shall not be any due payable to Board). The manual workers is not eligible if the manual worker is already having two children(23).
(g) Eligibility to avail the Benefits:
A registered manual worker will be eligible to avail the benefits under the scheme only if he has not availed any similar benefits or any other benefits of the Government(24).
6. The street vendors often undertake multiple business depending upon the availability products and demands and there is insecurity in job(25). There is no time for working, no holiday. The street vendor earns only on vending the goods. Absolutely there is no minimum physical environment for men and women while doing business. There is no social security for street vendor except few less beneficial scheme with meager financial assistance Street Vendors are the only worker vulnerable group when compared to other self-employed group. The street vendor groups are not aware of their right to street vending is a fundamental and legal right. The social welfare protection is less in the state of Tamil Nadu. There is less mechanism by state to protect the street vendors. The verification of beneficiary and payment of benefit is mirage as the Welfare Fund is provided as grant by the government. Let the state to protect the street vendor effectively observing constitutional mandates by rendering social and economic justice to the citizens of India.
FOOTNOTES
* Advocate, Madras High Court; Research Scholar (P.T), TNDALU-Chennai; Ex-Law Reporter, I.L.R (Madras); Ex-Lecturer (Part Time), Dr.Ambedkar Govt Law College, Chennai.
1. Sec.1 – Tamil Nadu policy on urban street vendors.
2. Sec.2 – Street Vendors (Protection of livelihood and Regulation of Street Vending) Act, 2014.
3. Sec.2, Tamil Nadu Policy on urban street vendors.
4. Sec.2(l) of the Unorganized Workers Social Security Act, 2008.
5. Ibid.
6. Sec. 5, Ibid.
7. Sec. 6, Ibid.
8. pib.nic.in/newsite
9. Ibid.
10. Tamil Nadu Act 33 of 1982.
11. G.O.Ms.No.24, Labour and Employment (11) 19th February 2010.
12. Section 1(3) of Tamil Nadu Street vending and shops and establishments worker’s welfare scheme, 2010.
13. Sec.9 Ibid
14. Ibid.
15. Sec. 10 Ibid.
16. Ibid.
17. Sec. 18 Ibid.
18. Sec. 10(3) Ibid.
19. Sec.19 Ibid.
20. Sec.20 Ibid.
21. Sec.21 Ibid.
22. Sec.22 Ibid.
23. Sec.23 Ibid.
24. Sec.25 Ibid.
25. Government of India, Report of the Committee on unorganized sector statistics, national statistics commission, 2012 P.25.
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