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Law, Liberty and Livelihood   

Law, Liberty and Livelihood
Making A Living On The Street

Editors : PARTH J SHAH and NAVEEN MANDAVA

Published by Academic Foundation
in association with
Centre for Civil Society, New Delhi
Hard  Back Book     :   Pages : 312
2005  Edition         :   ISBN - 81-7188-448-2
Price : Rs. 595.00   :   USD $ 35.95
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ABOUT THE BOOK :

Law, Liberty and Livelihood: Making a Living on the Street goes beyond mere macro-statistics and statistical controversies regarding the impact of liberalisation on the poor and endeavours to further the understanding of the processes and dynamics involved in various urban livelihoods. It documents through primary research the 'official' as well as the 'actual' regulatory and licencing processes by direct interactions with varied stakeholders. The case studies of railway porters, street vendors, small shop keepers, cycle and auto rickshaw drivers, household-based industries, as well as small school operators provide graphic details of what ails India's entry-level professionals - the bottom rung of the economic ladder from which the poor can hope to climb to economic success while providing some of the most essential services to city people.

The book recommends...

Create Spontaneous Order: Pursuit of urban livelihoods by the poor should not be viewed as a trade-off vis--vis the quality of life of urban residents. It is not a zero-sum game. The objective of urban management is not to create one correct and complete Master Plan. It will never be. The focus should be on institutions and processes through which the plans of individuals and communities would emerge and get implemented. The most fundamental question is not what decision to make but who is to make it - through what processes and under what incentives and constraints, and most importantly, with what feedback measures to correct the decision.

Exit LPQ; Enter LPG: Remove all licences, permits and quotas across the board for entry-level professions. City managers would do well to stick to the main rule of doctors: First, do no harm. Empower the poor with economic freedom - the freedom to earn an honest living in the vocation of their choice.

Apply Livelihood Freedom Test: Test all existing and new rules and regulations for their impact on the freedom to earn an honest living. Does any law restrict opportunities of any person to earn an honest living, particularly the one that requires little capital or skills? If so, then Review, Revise, or Remove. Occupational delicencing and deregulation should take priority in the agenda of the government, before embarking on massive employment generation schemes.

Decentralise Governance to Ward Committees: Change the locus of decision-making from the single municipal body to multiple wards - transfer ownership and management of public space and services to wards.

The Master Plan of every city of India should be rolled up into a bottle, corked, and thrown into the Indian Ocean. Corked, so that years later when the bottle is found, the absurdities of the Master Plan will become glaringly obvious when compared to the actual development of the city.

Jeevika: Livelihood Documentary Competition - www.jeevika.ccsindia.org - complements the research programme as part of the Law, Liberty and Livelihood Campaign of CCS. Join the livelihood freedom movement - for the sake of the poor !


"Try opening a corner grocery shop and you will find why India is Kafkaworld, not Disneyworld. License-permit raj did not die with economic reforms, it just got old and even more inefficient. Read this extremely revealing study on how market based solutions can counter the obduracy of government."

 - Surjit S Bhalla

Distinguished economist, popular commentator and
Managing Director, Oxus Research and
Investments, New Delhi.

"The Indian state has failed so far to create an economy capable of providing enough jobs for the poor, and yet it believes it has the right to prevent the unemployed from exercising their right to livelihood. If this is not evil, it is hard to think what is."

 - Tavleen Singh

Well-Known journalist, columnist, and
television commentator.


ABOUT THE EDITORS :

Parth J Shah is founder president of Centre for Civil Society, New Delhi, a think tank for public policy solutions within the framework of rule of law, limited government, and competitive markets.

Naveen Mandava is a Research Associate with the Centre for Civil Society and is also the Coordinator of the Research Internship Programme Researching Reality. He shifted from electronics to applied microeconomic research when he saw the ability of public policy solutions to influence the lives of the poor.


CONTENTS IN DETAIL :

Contributors

Preface
TAVLEEN SINGH

Acknowledgement
PARTH J. SHAH AND NAVEEN MANDAVA

1. Introduction: Making a Living on the Street

Why Liberalisation Has Failed the Poor?
Urbanisation and Development
Intentions and Outcomes: The Law of Unintended Consequences
Proposed Regulatory Solutions
Assumptions of Centralised Urban Planning
A Civil Society Approach: Delicence, Deregulate, Decentralise

 
2. Street Hawking: Spend to Vend

Introduction
Case Studies from Delhi
Street Hawkers outside Safdarjung Hospital
Street Hawkers in Central Market, Lajpat Nagar
Other Parts of the City
Conclusions from Studies in Delhi
Chennai (Tamil Nadu)
Mumbai and Ahmedabad (Maharashtra)
Vadodara (Gujarat)
Vijayawada (Andhra Pradesh)
Kolkata (West Bengal)
Patna (Bihar)
Bangalore (Karnataka)
Imphal (Manipur)
Bhubaneswar (Orissa)
Guwahati (Assam)
Key Lessons from Findings All-over India
Overall Conclusions
Approaches to Deal with Street Hawking within the Context of Delhi
Hawking and No-hawking Zones
Licencing
Micro-finance Schemes for Hawkers
The Outcome of these Policies
Reforms
Appendix A: Guidelines for Grant of Tehbazari
Appendix B Street Hawkers: Technical Conditions (As per Section 420, DMC Act, 1957)

 
3. Setting up Shop: Shopping for Legality

Trade Licence
Opening a Shop in a Commercial Area
Fate of the Application
Common Grounds on which the Applications are Rejected
Process Time of Application
Opening a Shop in a Residential Area
Health Trade License
Regulations on Paper
Running the Shop
Master Plan of Delhi (MPD)
Registration Under Delhi Sales Tax Act
Delhi Shops and Establishments Act
Situation on Ground in Case of Enforcing Closing Timings
Directorate of Prevention of Food Adulteration
Weights and Measures
Synopsis of the Survey Results of Shops
Conclusions
Reforms
Appendix A: List of Trades
Appendix B: Health License Trades
Appendix C : Shops: Technical Instructions
Appendix D: Maintenance of Establishment

 
4. Urban Land Management Plans: Master Plan for Disaster

MPD 1962 - A Review
MPD 2001 - The Experience
MPD 2021 - Making of the Plan
A Note on Planners and Plans
Understanding the Lessons
Reforms
Conclusion

 
5. The Meat Market: Meeting Market Demand

Illegal Slaughtering in Delhi
Licensing of a Meat Shop
Running the Meat Shop
Number of Meat Shops in Delhi
Sanitation at the MCD Abattoir
Medical Inspection of the Animals
Transportation of Meat
Reforms
Technical Instructions: Meat Market

 
6. Auto Rickshaw Permits: Limited Permits, Unpermitted Licences

Driving Licences
Certificate of Fitness
Badge for Commercial Driving
Permit for Driving Auto Rickshaw
Purchase of New Vehicles
Purchase of Second Hand Vehicles
Renting of Vehicles
Violations
Conclusion
Reforms

 
7. Cycle Rickshaw Licencing: Cycles of Poverty

Background of the Licencing Regime for Cycle Rickshaws
Restriction on the Number of Rickshaws in the City
Quantitative Limits on the Ownership of Rickshaw Cycles
Contractors
Licences
Traffic Regulations
Penalties
Violations
Prime Minister's New Policy for Rickshaw Pullers in Delhi
Conclusion
Reforms
Delhi Municipal Corporation Cycle-Rickshaw Bye-Laws, 1960

 
8. Licencing of the Railway Porters: Burden of the Badge

The Good, the Bad and the Ugly of Being a Coolie
I Still Love The Profession-How Do I Enter?
The Golden Arm-Badge
Transfer of Licences
Arranging Themselves to Get Work
The Business of Rate-fixing and Overcharging
Misconduct, Supervision and Suspension
Reforms

 
9. Opening a School in Delhi: A Learning Experience

Opening of Primary School in MCD Area
Opening of Middle, Secondary or Higher Secondary School
Recognition of Schools
Case Studies
Conclusions
Reforms
Circulars Regarding Essentiality Certificates
Appendix A: Application Form for Essentiality Certificate
Appendix B: Application Form for Recognition/Upgradation
Appendix C: Application Form for Approval of Middle Class
Syllabus/Provisional Affiliation to Secondary and Sr. Secondary
Appendix D: Form of Inspection Report

 
10. Household Based Industry: Is Big Brother Watching?

Introduction
Procedure for Starting a Household Industry
Conditions for Household Category of Industries
Documents to be Filed with the Application Form to Obtain MCD Licence
List of Household Industries
Fees and Charges
Trade Timings
Offences and Penalties by MCD
Changes Permissible in the Municipal Factory Licence
Role of DPCC
Case-studies
Reforms
Appendix A: List of Industries under Household Category
Appendix B: Example of the Technical Conditions for Household Industry
Appendix C: Affidavit for Household Industry

More Details of the book
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