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TRANSCRIPT
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Kerala Gazette No. 25 dated 24th June 2014.
PART I.
S Section i
r GOVERNMENT OF KERALA -
Law (Legislation-Publication) Department
- NOTIFICATION
- No. 9657/Leg.Pbn.2/201 4/Law. Dated, Thiruvananthapuram, 15th May 2014.
The following Act of Parliament published in the Gazette of India Extraordinary, Part II, Section I dated the 5th day of March, 2014 is hereby republished for general informatiOn. The Bill as passed by the I4ouses of Parliament received the assent of the President of India On the 4th day of March, 2014.
By order of the Governor,
C. P. RAMARAJA PREMA PRA5AD,
Law Secretary.
-: 9P
G. 24/2014/DTP (7).
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THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014
CHAPTER 1
PRELIMINARY
I. Short title, extent, commencement and provisions.
2. Definitions.
CHATER 11
REGULATION OF STREET VENDING
t Survey of street vendors and protection from eviction or relocation.
4. Issue of certificate of vending.
S. Conditions for issue of certificate of vending. Categories of certificate of vending and issue of identity cards.
Criteria for issuing certificate of vending. Vending fees. Validity and renewal of certificate of vending.
Cancellation or suspension of certificate of vending. Ii. Appeal from decision of Town Vending Committee.
CHAPTER III
RIGHTS AND OBLIGATIONS OF STREET VENDORS
12 Rights of street vendor. Right of street vendor for a new site or area on relocation. 0 Duty of street vendors:
IS. Maintenance of clen1iness and public hygiene. Maintenance of civic amenities in vending zone in good condition.
Payment of maintenance charges.
CHAPTER IV
RELOCATION AND EVICTION OF STREET VENDORS
Relocation or eviction of street vendors. Seizure and reclaiming of goods.
CHAPTER V
DISPUTE REDRESSAL MECHANISM
Redressal of grievances or cesolution of disputes of street vendors.
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CHA PIE ft VI
PLAN FOR StREET VENDING
21. Plan for street vending. CI-IAPTER VII
TOWN VENDING COMMITITEE 22.1 Town Vending Committee.
Meetings of Town Vending Committee. Temporary association of persons with Town Vending Committee for particular purposes.
• 25. Office space and other employees for Town Vending Committee. Publication of street vendor's charter and data-base and carrying out of social audit.
- CHAPTER VIII -
PREVENTION OP HARASSMENT OF STREET VENDORS
Prevention of harassment by police and other authorities.
CHAPTER IX
PENAL PROVISIONS
Penalty for contraventions.
- CHAPTER X
MISCELLANEOUS
Provisions of this Act, not to be construed as conferring ownership rights, etc. Retums. Promotional measures. - Research, training and awareness. Act to have overriding effect.
' 34. Power to-delegate. 35. •Power to amend Schedules. - 36: Power to make rules.
Power to nake bye-laws. Scheme for street vendors. Power to remove difficulties.
• THE FIRST SCHEDULE. - • THE SECQND SCHEDULE:
El THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND
REGULATION OF STREET VENDING) ACT, 2014
(Aci No. 7or 2014)
AN
ACT
to protect the riihts of urban street vendors and to regulate' Street vendin activities and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and provisions—(1) This Act may be called the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act, 2014.
It extends to the whole of India except the State of Jammu and Kashmir. -
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; •and different dates may be appointed for different States and any reference in any provision to the commencemnt of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.
The provisions of this Act shall not apply to any land, premises and trains owned and controlled by the Railways under the Railway Act, 1989 (24 of 1989).
2. Definitions—fl) In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means in respect of matters relating to,-
a Union territory without Legislature, the Central Government;
the Union territories with Legislature, the Government of the National Capital Territory of Delhi or, as the case may be, the Government of Union territory of Puducherry;
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(iii) , a State, the State Government;
(b) "holding capacity" means the maximum number of street vendors - who can be acdommodated in any vending zone and has been determined
as such by the local authority on the recommendations of the Town Vending Committee;
- (c) "local authority" means a Municipal Corporation or a Municijial Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of 2006) or such.other body entitled to function as a local authority in any city or town to provide civic
• services and regulate street vending and includes the "planning authority" • which regulates the land use in that city or town;
(d) "mobilevendors" means street vendors who carry out vending • activities in designated area by moving from one place to another place
vending their goods and services;
• (e) "natural market" means a market where sellers and buyers have
- traditionally congregated for the sale and purchase of products or services and has, been determined as such by the local authority on the
- recommendations of the Town Vending Committee;
W "notification" means a notification published in the Official Gazette and the term "notify" shall be construed accordingly;
"planning authority" means an Urban Dvelopment Authority or any other a.utEority in any cit.y or town designated by the appropriate
• , ,• Government as respOnsible for regulating the land-usc by defining the precise extent of areas for any particular activity in the master plan or
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development plan or zonal plan or layout plan or any other spatial plan whih is legally enforceable under the applicable Town and Country
_ttPlanning Act or the Urban Development Act or the Municipal Act, as the - , cqse maybe;
"prescribed" means prescribed by rules made under this Act by the appropriateGovernment; -
"Schedule" means the Schedule annexed to this Act;
• •• (fl"scherne" means a scheme framed, by the appropriate Government under section 38;
(k) "stationary vendors" means street vendors who carry out vending activities on regular basis at a specific location;
(1) "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, in a street, lane, side walk, footpath, pavement, public park or any other public place 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;
"Town Vending Committee" means the body constituted by the appropriate Government under section 22;
"vending zone" means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific 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 place considered suitable for vending activities and providing services to the general public.
(2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area.
CHAPTER II
of REGULATION OF STREET VENDJNG
3. Survey of street vendors and protection from eviction or relocation —(I) The Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jursidiction, and subsequent survey shall be carried out at least once in every five years.
(2)The Town Vending Committee shall ensure that all existingstreet vendors, identified in the suivey, are accommodated in the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the case may be in accordance with the plan for street vending and the holding capacity of the vending zones.
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(3)No street vendor shall be evicted or, as the ease may be, relocated till
the survey specified tinder sub-section (I) has been completed and the
certificate of vending is issued to all street vendors.
4. Issue ofcertificate.ofvendihg.—(I) Every street vendor, identified under
the ur'ey carried out under sub-section (1) of section 3, who has completed
the age of fourteen years or such age as may be prescribed by the appropriate
Government, shall be issued a certificate of vending by the Town Vending
• Committee, subject to such terms and conditions and within the period specified • in the scheme including the restrictions specified in the plan for street vending:
Provided that a person, whether or not included under the survey under
sub-section (1) of section 3, who has been issued a certificate of vending before
thd commencement of this Act, whether known as licence or any other form of
permission (whether as a stationary vendor or a mobile vendor or under any
other category) shall be deemed to be a street vendor for that category for the
period for which he has been issued such certificate of vending.
Where, in the intervening period between two surveys, any person seeks
to vend, the Town Vending Committee may grant a certificate of vending to such
person, subject to the scheme, the plan for street vending and the holding
capacity of the vending zones.
Where the number of street vendors identified under sub-section (1) or
the number of persons seeking to vend under sub-section (2) -are.more than the
- holding capacity of the vending zone and exceeds. the number of persons to be
accothmodated in that vending zone, the Town Vending Committee shall carry
out a draw of lots for issuing the certificate.of vending for that vending zone
• and the remaining persbns shall be accommodated in any adjoining vending zone
to avoid relocation. • -
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5. Conditions for issue of certificate of vending.—) Every street vendor
shall give an undertaking to the Town Vending Committee prior to the issue of a
certificate of vending under section 4, that-
3 (a) he shall carry on the business of street vending himself or
through any of his family member;
• -. (b) he has no other means of livelihood.
(c) he shall not_transfer in any manner whatsoever, ihcluding rent,
the certificate of vending or the place specified therein to any other person.
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(2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending-
spouse of the street vendor;
dependent child of the street vendor:
Provided that where a dispute arises as to who is entitled to vend in the place of the vendor, the matter shall be decided by the committee under section 20.
6. Categories of certificate of vending and issue of identity cards.—(J) The certificate of vending shall be issued under any of the following categories, namely:-
a stationary vendor;
a mobile vendor; or
any other category as may be specified in the scheme.
The certificate of vending issued for the categories specified in sub-section (1) shall be in such form, and issued in such manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities, the days and timings for carrying on such vending activities and the conditions and restrictions subject to which he shall carry on such vending activities.
Every street vendor who has been issued certificate of vending under sub-section (1) shall be issued identity cards in such form and manner as may be specified in the scheme.
7. Criteria for issuing certificate of vending.L(I) The criteria to be followed by the Town Vending Committee for issuing certificate of vending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, women, persons with disabilities, minorifies or such other categories as may be specified in the scheme.
8. Vending fees—Every street vendor who has been issued certificate of vending shall pay such vending fees as may be specified in the scheme.
9. Validity and renewal of certificate of vending—Every certificate of vending shall be valid for such period as may be specified in the scheme.
(2) Every certificate of vending shall be renewable for such period, in such maimer, and on payment of such fees, as may be specified in the scheme.
• - 10. Caned/a/ion or suspension of certificate of vending—Where a street - vendor who has been issued a -certificate of vending under this Act commits breach- of any of the conditions thereof or any other terns, and conditions specified for the putposc of regulating street vending under- this Act dr any
:rulcsor schemes made'thereunder, or where the Town Vending Committee is "
satisfied that such certificate of vending has been secured by the street- sendor through misrepresentation or fraud, the Town Vending Comxtiittee may, without
erejudice to any other fine Which may have bten' incurred by the street vendor unde? this Act, cancel the certificate of vthding or suspend the sahie in such manner as may be specified in the scheme and for such period as it deems fit:
Provided that no such cancellation or suspension shall be thade by the Town Vending Committee Unless an opportunity of hearing has been given to the street vendo. '
11. Appea/ from decision of Town Vending Committee.—(I) Any person who is aggrieved by any decision of the Town Vending Committee with. respect to-issue of certificate Of vending under section 6 or cancellation or suspension of certificate of vending under section lOmay prefer an appeal to the local abthority 'in such form, within such peribd, and in such manner, as may be prescribed. . . . ' . -
(2) No appeal shall be - disposd Of by the lOcal authority unless the appellant has been given an oppdrtunity of hearing.
CHArrER Ill
BIGHTS AND OBLIGATIONS OF STREET VENDORS'
fl• Rights of street. vendor.—(I) Every street vendor shall have the right to carry, on 'the business of street vending activities, in accordance with the' terms and.conditions mentioned in the certificate of vending.
(2) Notwithstanding- anything contained in sub-sectidn (I), where any area or space, as the case may be, has been earmarked as ño-vènding zone, no street- vendor shall carry out any vending activities in that zone.
1'3 Rig/il of s/reel vendor for a new site or area on,re/ocation.—Every. street venao'r, who possesses a certificate of vending, shall, in -case, of his relocationunder section 18, be entitled for new site or area; as the case may be, for carrying out his vending activities as may be determined by the local authority, in'consultation with the Town Vending Committee. . -,
G. 24/2014/DTP (7)
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Duty of street vendors—Where a street vendor occupies space on a time sharing basis, he shall remove his goods and wares every day at the end of the time-sharing period allowed to him.
Maintenance of cleanliness and public hygiene—Every street vendor shall maintain cleanliness and public hygiene in the vending zones and the - adjoining areas.
Maintenance of civic amenities in vending zone in good condition.-Every street vendor shall maintain civic amenities and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the same.
Payment of maintenance charges—Every street vendor shall pay such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authority.
CHAPTER IV
RELOCATION AND EVICTION OF STREET VENDORS
Relocation or eviction of street vendors—(I) The local authority may, on the recommendations of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the scheme.
The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified. in the scheme. . ..
No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days' notice for the same in such manner as may be specified in the scheme. . . .
A street vendor shall he relocated or evicted by the local authority physically in such manner as may be specified in the scheme only after he had failed to vacate the place specified in the certificate of vending, after the dxpiry of the period specified in the notice.
Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, afterthe expiry of the period specified in the notice, shall be liable to pay for every day of.such default, a penalty which may extend up to two hundred and fifty rupees, as may be determined by the local authority, but shall not be more than the value of goods seized.
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19. Seizure and reclaiming of goods.—) If the street vendor fails to vacate the place specified in the certificate of vending, after !he lapse of the periddspecified in the notice given under sub-sectiOn (3) of section 18, the local authority, in addition to evicting the street vendor under section 18, may, if it deems riecessâry, seize the goods of such street vendor in such-manner as may be specified in the scheme: - -
Provided that where any such seizure .is carried out, a list of goods seized shall beprepared as specified in the scheme, and a copy thereof, duly signed
• by the perSon authorised to seize the goods, shall be issued to -the street vendor.
(2) The street vepdor whose goods have been seized under sub-section (1) may reclaim his goods in such manner, and after paying such fees, as may be - specified in the scheme: I
Provided that in case of noh-perishable goods, the local authority shall rclease the goods -within two working days of the claim being made by the street vendor, and in case of perishable goodsthe local authority shall releasd the goods on the sane-day of-the claim being made by the streetvèndor
CHAPTER V.
• - DISPUTE REDRESSAL MECHANISM
-20. Redressal of grievances or resolulion of disputes of street vendors. - (I) The appropriate Government may constitute one or more committees
$ Consisting of a Chal person who has been a civil judge or a.jüdicial magistrate and two other professionals having such experience as may be prescribed for the purpose of deciding the applications received under sub-section (2):
Provided that no employee of the appropriate Government or the local - authority shall be apinted as -members of the Committee.
- (2) Every street vendor who hasra grievance or dispute may make an application in Writing to the committee constituted under sub-section(1) in such form and mannet as may be prescribed. - - - -
'3) On receipt ofgrievahce or dispute under sub-section (2),.the commiftee referred to in subsscction (I) shall, after verification and enquiry in such manner, as may be •rescribed, take steps for redressal of such grievance or resolution of-such dispute, within such time and in such manner as may be prescribed.
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Any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form, within such time and in such manner as may be prescribed.
The local authority shall dispose of the appeal received under p sub-section (4) within such time and in such manneras may be prescribed:
Provided that the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved person.
CHAPTER VI -
PLAN FOR STREET VENDING
Plan for street vending.—(I) Every local authority shall, in consultation with the planning authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocatiQn of street vendors covering the matters contained in the First Schedule.
(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.
CHAPTER VII
TOWN VENDING COMMITTEE
Town Vending Committee.—(I) The appropriate Government may, by rules made in this behalf, provide for the term and the manner of constituting a Town Vending Committee in each local authority:,
Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.
(2) Each Town Vending Committee shall consist of:-
Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and
such number of other members as may be prescribed, to be norminated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organisations, community based organisations, resident welfare associations, banks and such other interests as it deems proper; -
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- (c) the number of members nominated to represent ,the non-governmental organiations and the community based organisations shall not be less than tenper cent.;
ed) • the number of members reptèsenting the street vendors shall not be
less than forty per cent, who shall be elected by the street vendors themelves-in such manner as may be prescribed: -
Provided that one-third of members representing the street vendors shall be from amongst women vendors:
Provided further that due representation, shall be given to the Scheduled Castes; the Scheduled Tribes, Other Badkward Classes, minorities and persons with disabilities from amongst the members representing street vendors,
(3) The Chairperson and the members nominated under sub-section - (2) shall receive such allowances as may be prescribed by the appropriate Government.
23., Meetings ' f Town Vending Committe.—) The Town Vending Committee shall meet at such times,and places within the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings, and discharge such functions, as may be prescribed.
(2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision,
24. Temporary association of persons with Town Vending Committee for .' particular purposes—fl) The Town Vending Committee may associate with
Itself in such manner and for such purjoses, as may be presCribed, any person whose assistance or advice it may desire, in canying out any of the provisions of thisAct.
(2) A person associated under sub-section (1) shall be paid such allowances as may be prescribed.
.25. OffIce space and other ethployees for Town Vending Committee,—The local authority shall provide the Town Vending Committee with appropriate office space and such employees as may be prescribed. -
26. Publication of street vend6rc charter and data-base and canying out bf social audit—U) Every Town,Vending Cointhittee sh!ll publish the street vendor's charter specifying therein the time within - which the-Certificate of vending shall be issued tb a street vendor and:the time within which'such
certificate of Vending shall be -renewed and other activities to be..performed
within the time limit specified therein:. -
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(2) Every Town Vending Committee shall maintain upto date records of
registered street vendors and street vendors to whom certificate of vending has
been issued containing name of such street vendor, stall allotted to him, nature
of business carried out by him, category of Street vending and such other
particulars which may be relevant to the street vendors, in such manner as may
be prescribed.
• (3) Every Town Vending Committee shall carry out social audit of its
activities under the Act or the rules or the schemes made thereunder in such
form and manner as may be specified in the scheme.
CHAPTER VIII
PREVENTION OF HARASSMENT OF STREET VENDORS S
Prevension of harassment by police and other authorities.-• 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 terms and conditions of his certificate of vdnding shall be prevented from
• exercising such rights by any person or police or any other authority exercising
powers under any other law for the time being in force.
CHAPTER LX
• PENAL PROVISIONS
Penalty for contraventions.—!f any street vendor-
indulges in vending activities without a certificate of vending;
contravenes the terms of certificate of vending; or -
contravenes any other terms and conditions specified for the
purpose of regulating street vending under this Act or any rules or schemes made thereunder, •
he shall be liable to a penalty for each such offence which may extend
upto rupees two thousand as may be determined by the local authority.
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CHAPTER X
MISCELLANEOUS
Provisions of this' Act, not to be construed as conferring..ownetship
'rights, etc.r—(l) Nothing contained in this Act shall be construed as conferring upon a street 'endor any temporary, permanent or perpetual right of carrying out
S vending activities in the vending zones allotted to him or in respect of any place on whiéh he carries on such vending activity.
(2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a temporary leasehold' or ownership right has been conferred on,him by a lease deed or otherwise, in'respect of a place at specific location where he óarries on such vending activity 1ff adcordance with the provisions of any law
for the .time being in force for carrying out such vending.activity.
Returns—Every Town Vending Committee shall furnish, from time to time, to the appropr(ate Government and the local a'uthOrity such returns as may be presciribed.
• . 31. Promotional measures—The appropriate Government may, in - - consultation with the Town Vending Commit.teci,,.iocal a6thotity, planning
authority and street vendors assoèiations'or unions, undertake' promotional measures' of making available credit, lnsura'nc'e and other welfare schemes of social 'security for the street vendors.
32. Research, traIning and awareness—The appropi-iate Government may, to the extent of availability of finaiieial and other resources,-
organise capacity bthlding prograthrnes to' enble the street
r ' vendärs to exercise the rights contemplated under this Act;
unlertake research education and training programmes to . . advance knowledge and understanding of the role of the informal sector in the ecOnomy, in general and the street vendors, 'inparticular and to raise av'areness among the public through.TownVehding Committee.
33. Act to have overriding effect—The provisions of this Act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force.or in any instrument having effect by virtue of any law -'other than this Act.
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Powerto delegate—The appropriate Government may, by general or special order in writing, delegate such of its powers and functions under this Act (excluding the power to frame scheme under section 38 and power to make rules under section 36), as it may deem necessary, tothe local authority or the Town Vending Committee or any other officer, subject to such conditions, if any, as may be specified in that order.
Power to amend Schedules—(I) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notificflion, amend the Schedules and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been aniended accordingly.
(2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
Power to make rules.—O) The appropriate Government shall, within one year from the date of commencement of this Act, by notification, make rules for carrying out the povisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
the age for street vending under sub-section (1) of section 4;
the form, period and manner of filing appeal with the local authority under sub-section (1) of section 11;
the persons and the experience such person shall have under sub-section (1) of section 20;
the form and the manner of making application under sub-section (2) of section 20
the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20;
(C) the form, the time within which and the manner in which an appeal may be filed under sub-section (4) of section 20;
(g) the time within which and the manner in which an appeal shall be disposed of undr sub-section (5) of section 20;
(Ii) the term of, and the manner of constituting, the Town Vending Committee under sub-section (1) of section 22;
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• - (1) the number of other members of the-Town Mending Committee
under elaue rb) of.sUb-section (2) of section 22;
- 0) the manner of elections among street vendors under clause (d) - • - of sub-section (2) of-section 22; -
- --': - (k) the allowances to Chairperson and members under sub-section - (3) of section 22; -
(1) the time and place for meeting, procedure fdr tfansaction of -
busihess at meetings and functions to be discharged by the Town • - Vending Committee undor section 23;
- , - (rn) the manner and the purpose for which a person may be
• - - associated under sub-section (I) of section 24; -
- (ii) the alIa>vances to be. paid to an associated person under
- • sub-section (2) of section 24; -
- - - - - (o) the other cmployees of Town Vending Committee under.
'section 25; - - - - - -
'p), the manner of thaintaining up to date record of all street
- - vendors under' sub-section (2) of section 26; -.
('q) the returns to be furnished under section 30;
the manner of publishing summary of scheme under sub-s
- - section (2) of section 38. -
(3) Every rule and scheme made by the Central Government under this
Act shall be laid, as soon as may be after it is made, before each House of
Parliameht, while it is in session, for atotaFperiod of thirty days which may be
comprised in one session or in two or more successive sessions, and ii', 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
- scheme or,boih Houses agree that the rule or scheme should not be made, the
rule or'schcme 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 rule Or scheme. - - -
- (4) Every rule or scheme made by the State Government tinder this Act
shall; as soon as may be 'after it is made, be laid before each House of. the State
Legislature where there are two Houses, and where there is one Houseof the
State Legislature, before that Flouse. - -
C. 24/2014/DIr (7). -
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37. Power to niake bye-laws—Subject to the provisions of this Act or any rule or scheme made thereunder, the local authority may make bye-laws to provide for all or any of the following matters, namely:-
(a) the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones;
(h) determination of monthly, maintenance charges for the civic amenities and facilities in the vending zones under scction 17; S
determination of penalty under sub-section (5) of section 18 and section 28;
the regulation of the collection of taxes and fees in the vending zones;
(e) the regulation of traffic in the vending zones;
) the regulation of the quality of products and serices.provided to the public in vending zones and maintenance of public health, hygiene and safety standards;
the regulation of civic services in the vending zones; and
the iegulation of such other matters in the vending zones as may be necessary.
38. Scheme Jhr s/reel vendors,—(J) For the purposes of this Act, the appropriate Government shall frame a scheme, within six months from the date of commencement of this Act, after due consultations withthe local authority and the Town Vending Committee, by notification, which may specify all or any of the matters provided in the Second Schedule.
(2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the loCal authority in at least two local news papers in such manner as may be prescribed.
39. PO'4'er to remove thfJlcuities.—(I) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to he necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after-it is made, be laid before each House of Parliament.
'9
- THE FIRST SCHEDULE
(See section 21)
PLAN FOR STREET VENDING
(I) The plan for street vending shall,-
ensure that all existing street vendors identified: in the survey, subject to a norm tonforming'.to two and Waif per cent, of the
populatiOn of the ward, zone, town or.cify, as the case may be, are
accommodated in the plan for street vending;
ensure the right, of commuters to move freely and use the
roads without any ihipediment;
ensure that the provision of space or area for street vending is
,reasonable and consistent with existing natural markets;
take into account the civic facilities for 'apprOpriate use of
identified spaces or areas' as vending zones;
promote convenient, efficient and cost effectivedistribution of
goods and provision' of services;
CD such other matters as may be specified in the scheme to give effect to the plan for street vending.
• (2) The plan for street vending shall côntain all of the following
matters, namely:— '
detdm'ination of spatial planning norms for street vending;
earmarking of space or area for vending zones;
determination of vending zones as restriction-free-vending
zOnes, restricted-vending zones and no-vending zones;
making of spatial plans conducive and adequate for the prevalent number of street vendors in that city or town and also for the
'future growth, by adopting such noirns as may he necessary;
consequential changes needed in the existing master plan,
develhpment plan, zonal plan,. layoUt plan and any other plan for accommodating street vendors in the designated vending zones.
20
(3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles, namely:-
(a) any existing market, or a natural market as identified under the survey shall not be declared as a no-vending zone;
(b) declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors;
(c) overcrowding of any place shall not be a basis for declaring •
any area as a no-vending zone provided that restrictions may be placed on issuing certificate of vending in such areas to persons not identified as Street vendors in the survey;
(d) sanitary concerns shall not be the basis for declaring any area as a no-vending.zone unless such concerns can be solely attributed to street vendors and cannot be resolved through appropriate civic action by thelocal authority;
(4 till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone.
The SccoND ScIEEDIJLI
(See section 38)
.Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:-
the manner of conducting survey;
the period within which certificate of vending shall he issued to the street vendors identified under the survey;
(q) the terms and conditions subject to which certificate of vending may be issued to a street vendor including to those persons who wish to carry on street vending during the intervening period of two surveys;
(d) the form and the manner in which the certificate of vending may be issued to a street vendor;
(e) the form and manner of issuing identity cards to street vendors;
(fl the criteria for issuing certificate of vending to street vendors;
(g) the vending fees to be paid oi the basis of category of street vending, which may be different for different cities;
21
• " (Ii) the m'annet of collecting, through banks, counters of local • authority and counters of Town Vending ComMittee, Vending fees,
maintenance charges and penalties for registration, use of parking space -. for mobile stalls and avaiflng of civicservices;
(U the periodof validity of certifèate of vending; • (7) the'pet'iod for which and themanner in which a certificate of
0 . vending may be renewed and the fees for such renewal;
- . (k) the manner in which the certificate of vending may be uspended or cancelled;
(1) the categories of street vendors other than stationery vendors and mobile vendors;
- . (in) the other categories of persons for preference for issue of
certificate of vending;
(a) the public purpose for which a street vendor may be relocated and the manner of relocating street vendor; -
(a) the manner of evicting a street vendor; -
p) the manner of giVing notice for eviction of a street vendor;'
..'-. (q) the thanner of evicting a street vendor physically dn failure to evict; . .
the manner of seizure of gOods by the local authoity, including ' . p iepara ti on and issue of list olgoods seized;,
the manner of reclaiming seized goods by the sfreet vendor and the fees br the same; • , . .
(0 the form and the manner for 6arrying out social auditof the activities of Town Vending Committee; • .
the condif ions under whih-private places nbè designated as restriction -free-vending zones, restrictedvending zones and no-vending zones; '
the terms and conditions for street vending including norms to he observed for up keeping public health and hygienC; •. -
• - •' (w) the designation of State Nodal Officer for co-ordination of all -
• thatters relating to street vending at the state level;
• • (x) the manner of maintenanc& of proper records and other
• • • documents by the Town Vending Cobmittee; local authority, planning
• authority and State Nodal Officer in respect of street vendors;
• - tA.2412014(7) -
22
the manner of carrying out vending activities on time-sharing basis;
the principles for determination of vending zones as restriction-free-vending zones, restricted-vending zones and no-vending zones;
(za) the principles for determining holding capacity of vending zones and the manner of undertaking comprehensive census and survey;
(zb) principles of relocation subject to the folIowing:_
(I) relocation should be avoided as far as possible, unless there is clear and urgent need foF the land in question;
(ii) affected vendors or their representatives shall he involved in planning and implementation of the rehabilitation project;
(I ii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted Levels;
livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by - the new infrastructure;
loss of assets shall be avoided and in case of any loss, it shall be compensated;
any translèr of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shalt be done in accordance with the provisions of this Att;
state mechinery shall take comprehensive nieasurs to - cheek and control the practice of forced evictions;
natural markets where street vendors have conducted business for over fifty years shall be declared as heritpge markets, and the street vendors in such markets shall not be relocated;
(ze) any other matter which may be include.d in the scheme for carrying out the purposes of this Act.
cs77 thi o S Vo-33004I99
REGD. NO D. L.-33004/99
s1wI h ttè Gcaette of 2ndici
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22 THE GAZEnE OF INDJA : EXTRAORDINARY [PART Il—SEC. 3(i)]
kAfli
[r.t 11028/3/201 1 -tuti]]
t. k *ugi'i, ijcti eRi
MINISTRY OF HOUSING AND URBAN POVERTY ALLEVIATION
NOTIFICATION New Delhi, the 27th July, 2015
G.S.R. 583n —i" Pverrk5e nf the newerc eonferred by Section 36 read with sub-clause (i) of clause (a) of su'u-sectlon (1) of Section 2 of the Street Vendors (Protection of Lclihood and Regulation of Street Vending) Act, 2014 (7 of 2014). the Central Government. hereby makes the following rules for the Union Territory of Dadra and Nagar Haveli, namely:-
CHAPTERI
PRELIMINARY
Short title and commencement.- (1) These rules may be called the 'Union Territory of Dadra and Nagar Haveli' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions.- (1) In these rules, unless the context otherwise requires, -
"Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(7 of2Ol4);
"Bye-laws" mean the bye-laws made under section 37 of the Act;
"Form" means a form appended to these rules;
"Government" means the Administrator of the Union Territory;
"Grievance redressat and dispute resolution committee" means a committee constituted by the Government under sub-section (1) of Section 20 of the Act for the redressal of grievances or resolution of disputes;
(I) "local authority" means the local authority as defined under clause (c) of sub-section (1) of Section 2 of the Act;
"Municipal Commissioner" means the Commissioner of a Municipal Corporation or Chief Officer of a Municipal Council and includes the Vice Chairman of the Union Territory Development Authority, if any; or as the case may be, the Chief Executive Officer of the Cantonment Board;
"rule" means rules made under Section 36 of the Act;
"Schedule" means a schedule appended to these rules or the Act, as the case may be;
Q) "scheme" means a scheme framed by the Central Government under Section 38;
(k) "section" means a Section of the Act;
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
affim4nln 23
CHAPTER II
REGULATION OF STREET VENDING
3. Prescription of age for issue of certificate of vending.- A street vendor who has completed the age of fourteen years shall be issued a certificate of vending in the manner provided under Section 4.
CHAPTER III
DISPUTE REDRESSAL MEUIANISM 4. Constitution of Grievance redressal and dispute resolution committees.- (1) There shall be a Grievance
redressal and dispute resolution comn)ittee for each local authority, constituted by the Government under sub-section (I) of Section 20 of the Act, cqmprising of a Chairperson, who has been a civil judge or a judicial magistrate and two other professionals as members.
(2) The Chairperson and members of aGrievance redressa] and dispute resolution committee shall be appointed by the Government, for a period of five years:
Provided that no Chairperson shall hold office as such after he has attained the age of sixty-seven years.
5. Qualifications and experience for appointment as member in a Grievance redressaland dispute resolution committee,- A person shall be qualified to be appointed as a professional member in a Grievance redressal and dispute resolution committee, if he,-
6)
is above 'dskty live ycws 'uui ib ia'L ñiC,ie thaii sixty flve years of age: and
possesses a Bachelor's degree from a recognised University; and
0 (iii) is a p erson of ability, integrity and standing and has adequate knowledge or experience of, at least, ten years in social work or in dealing with the problems relating to street vendors or of public affairs or of municipal or public administration;
6. SalarIes and other allowances and terms and conditions of Chairperson and member of Grievance redressal and dispute resolution committee.- (1) The Chairperson and members of the Grievance redressal and dispute resolution committee shall receive salary, allowances and other perquisites as may be notified by the Government froth time to time;
(2) The Government may remove from the office, the Chairperson and members of a Ghevance redressal and dispute resolution committee if he,-
has been adjudged an insolvent; or
has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or
has become physically or mentally incapable of action as such Chairperson or member, as the case may be;or
has acquired such financial other interests as is likely to affect prejudicially his functions as the chairperson or a member, as the case may be; or
has so abused his position as to render his continuance in office prejudicial to the public interest:
0 Provided that the Chairperson or member shall not be removed from his office on the grounds specified in clauses (d) and (e) of sub-rule (2) except on an inquiry held by the Government in accordance with such procedure as it may specifS' in this behalf.
(3) The terms and conditions of the service of the Chairperson and members of the Grievance redressal and dispute resolution committee shall not be varied to their disadvantage during their tenure of office.
7. Form and manner of making application to Grievance redressal and dispute resolution committee.- (I) Every application for redressal of a grievance or resolution of a dispute under sub-section (2) of Section 20 of the Act shall be in Form W.
The application shall be signed by the applicant and presented by him in person or through his authorised representative to the Grievance redressal and dispute resolution committee or such other person as may be authorised by the committee in this behalf.
The application shall be filed in three sets and shall be accompanied by a fee of rupees one hundred.
The application shall be accompanied by a copy of the order or notice, if any, against which the application is made and other relevant documents.
24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART Il—SEC. 3(i)]
(5) Such application shall be filed by the street vendor within thirty days from the date of occurrence of any incident causing the grievance or disputc:
Provided that the -Grievance redressal and dispute resolution committee may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
S. Manner of verification of application and enquiry.- (I) Every application for grievance redressal, on receipt, shall be entered and numbered in seriatum by the person authurised in this behalf by the Grievance redressal and dispute resolutioircommittee in a register to be kept for this purpose.
The person authorised in this behalf by the Grievance redressal and dispute resolution committee, after making an entry in the register shall put up the application before the committee.
The Grievance redressal and dispute resolution committee shall fix a date for hearing of the application, which shall not be later than fifteen days from the date of filing of the application, and shall issue notice of the hearing to the parties or shall cause a notice to be issued. - -
The Grievance redressal and dispute resolution committee while issuing a notice under sub-rule (2) shall call upon the respondent to submit a written statement and the notice shall contain a statement to this effect.
On the date so fixed for the appearance of the parties, the Grievance redressal and dispute resolution committee may call upon the applicant to remedy the defects, if any, or may call upon the parties to furnish relevant records or such other documents or evidence as it may deem fit and proper within such period as may be specifiedby it.
() The C'rievncc redressai n4 dispute resolution committee miy also order for a field enquiry in connection with the contentions made by the applicant and respondent and also with reference to the records submitted before it.
The Grievance redressal and dispute resolution committee, after hearing both the parties and examining the record of the case shall decide the appiicadcn ?nd pass such orders as it may deem fit and proper within sixty days from the date of presentation of the application:
Provided that4uring the hearing of the case if the Committee is satisfied that a situation exists which warrants that an interim relief should be provided, the Committee may, until the conclusion of such case or until further orders, pass such interim orders as it dçems necessary. - -
The Grievance redressal and dispute resolution committee may also explore the possibility of a settlement between the parties and in case the parties arrive at a settlement, the committee shall record the settlement, which shall be signed by the parties or the authorised representatives or officers and shall dispose of the application in terms of such settlement.
The Grievance redressal and dispute resolution committee shall not entertain an application where,-
(a) the application is anonymous or it contains general and vague allegations;
(b)the matter is sub-judice in any court of law, tribunal or a judicial or quasi-judicial authority;
the matter is beyond the purview of the Act;
the applicant has no locus standi to file the application.
CHAPTER IV
APPEALS
9. Appeal against order or decision of Grievance redressal and dispute resolution committee.- (I) An appeal against an order or decision of a Grievance redressal and dispute resolution committee may be preferred by an aggrieved person, in Form 'B', to the appellate authority constituted by the concerned local authority, comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, within thirty days from the date of communication of such order or decision appealed against:
Provided that the appellate authority may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
The appeal shall be in the form of a memorandum and shall be signed by the appellant and presented by him in person or through his authorised representative to the concerned local authority. -
The memorandum of appeal shall be accompanied by original order or certified copy of the order, if any, against which appeal is preferred.
The appeal shall be filed in three sets and accompanied,by a fee of rupees two hundred.
No such appeal shall be entertained unless a copy thereof has been served upon the respondent or respondents, as the case may be, and proof of such service has been filed.
.4
[cut fliw1 3(1)] 'tR1 i1 Tr4TA 25
(6) No appeal shall be entertained where the order has been passed by the Grievance redressal and dispute resolution Committee in terms of the settlement arrived between the parties.
10. Appeal from decision of Town Vending Committee.- (I) An appeal under Section 11 against any decision of a Town Vending Committee with respect to issue of certificate of vending or cancelation or suspension of certificate of vending shall be preferred before the appellate authority constituted by the concerned local authority comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, in Form C' within thirty days from the date of communication of the order appealed against:
Provided that the appellate authority may condone the delay in case it is satisfied that appellant was prevented by sufficient cause from preferring the appeal within the prescribed time:
Provided further that in the absence of Chairperson any one of the members designated by the Chairperson may chair the meeting of the appellate authority.
The appeal shall be in the form of a memorandum in Form 'C' and shall be signed by the appellant and presented by him in person or through his authorised represcntative, either in English, Hindi or the local language, as preferred by the appellant.
The memorandum of appeal shall be accompanied by the original or certified copy of the order against which appeal is preferred.
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.
No appeal shall be entertained unless a copy thereof has been served upon the lown Vending Committee which had
made the order appealed against, prior to filing of such appeal and proof of such service has been filed along with the appeal.
11. Prbcedure for disposal of appeals by the local authority.- (1) The officer or the person authorised in this behalf by the concerned local authority shall make an entry of the appeal in the register kept for the purpose by the concemed local authority with the date on which it was presented.
The appeal shall be put up before The Appellate Authority constituted by the concerned local authority which shall fix a date for hearing of the appeal, which shall not be later than fifteen days from the date of filing of the application, and shall cause a notice of the hearing to be served upon the parties.
The appellate authority shall on the basis of submissions made before it by the parties and the records of the case and on the basis of field enquiry, if any, ordered to be conducted by the appellate authority, pass such order, as it thinks fit, with reasons to be recorded in writing, confirming, modiing or annulling the order appealed against within sixty days from the date of receipt of the appeal by the local authority:
Provided that during the hearing of the case, if the appellate authority is satisfied that a situation exists which warrants that an interim relief should be provided, the appellate authority may, until the conclusion of such case or until flirther orders, pass such interim orders as it deems necessary.
CHAPTER V
TOWN VENDING COMMITTEE
12. Constitution of Town Vending Committee.- (I) In each local authority one Town Vending Committee shall be constituted by the Government:
Provided that the Govemment, if it considers necessary, on the request of the concerned local authority may provide for constitution of more than one Town Vending Committee for each local authority after speci'ing their jurisdiction.
(2) The constitutiOn of a Town Vending Committee shall be as follows, namely:-
SI. No. Government Department and other Bodies No. of members
(a) Government Department -
Chairperson (Municipal Commissioner or 01 Chief Executive Officer)
Representative of Police (preferably from 01 the Traffic Division)
(b) Other Bodies -
(i) Street vendors (one-third of whom shall be women 04 vendors, with due representation of the Scheduled Castes,
3' &-c) ic- -f
-t a
H 26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART lI—SEC. 3(i)] Jt
Scheduled Tribes, Other Backward Classes, minorities
and persons with disabilities)
Non-government organisations and community based 01
Organisations
Resident Welfare Associations 02
Representative of State Level Bankers Committee 01
Total - 10
(3) The members of the Town Vending Committee other than the elected members shall be nominated by the Government:
Provided that nomination of Government members shall be preferred from amongst persons who are dealing with street vendàrs or related activities:
Provided further that nomination of members representing non-governmental organisations or community based organisations or resident welfare associations shall be carried out on the basis of such criteria as may be laid down by the Government, after inviting applications, as such, by publishing the sime in at least two local newspapers or publicising in any other manner.
13; Election of membere of Town Vending Cemmittee ft-cm amongst :trett cndon. (1) The local authority shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the street vendors of thc area under the jurisdiction of the concerned local authority.
(2) The concerned local authority shall appoint a returning officer for conductbg ti; election under its jurisdiction. 14. Manner of election of members of Town Vending Committee from amongst street vendors.- (I) The returning officer appointed under o'f.
: u e (2) of rule 13 shall, conauei the elections in the manner provided under the Schedule append o these rules. U
(2) A street vendor shall be disqualified to be elected to a Town Vending Committee if, he is,-
a convict of an offence involving moral turpitude;
is physically and, or, mentally incapable of discharging his duties as a meñiber of a Town Vending Committee.
(3) The names of the elected members shall be intimated by each local authority to the Government which shall upon receipt of such names along with other members nominated by it noti' the constitution of the Town Vending Committee in each local authority.
15. Term of members of Town Vending Committee.-(l) The term of the members of the Town Vending Committee, other than the Government officials who shall be members in ex-officio capacity, shall be five years from the date of their election or nomination, as the case may be.
(2) The process of electing or nominating, as the case may be, of the members shall be completed before the expiry of their term.
16. Removal of a member of Town Vending Committee.- Any member of a Town Vending Committee may be removed by the Government from the committee, if he,
persistently makes defaults in the performance of his duties imposed on him under the Act and these rules or exceeds or abuses its powers;
remains absent for three consecutive meetings of the Committee without the permission of the Chairperson;
is convicted of any criminal case by any court of law:
Provided that such member shall be given a reasonable opportunity of being heard before his removal.
17. Method of filling vacant post- (1) Where any vacancy occurs in a Town Vending Committee due to resignation, death, removal or otherwise of any member, other than a street vendor, the same procedure as specified in rule 12 shall be followed to fill up such vacancy and the mem&er so nominated shall continue to be a member for the remaining period of term of that member in whose place he has been nominated.
(2) Where any vacancy occurs in a Tàwn Vending Committee due to resignation, death, removal or otherwise of any member who is a street vendor, the local authority shall fill up that vacancy based on the election results conducted as per rule 14 and the member so elected shall continue to be a member for the remaining period of term of that member in whose place he has been elected.
[1fl 11—M 3 (i)] tiWT W FSNW : 3T4T%TgUl 27
Allowances to members of Town Vending Committee.- The allowances payable to the members of a Town Vending Conmittee, who do not hold any office of profit, shall be at the rate of rupees one thousand only for attending each meeting of the Town Vending Committee, or as may be fixed by the concerned local authority from time to time.
Meetings of Town Vending Committee.- (1) A Town Vending Committee shall ordinarily hold at least one meeting within a period of three months or at any such intervals as the Chairperson of the Town Vending Committee may decide for the transaction of its business:
Provided that the first meeting of a Town Vending Committee shall be convened by the Chairperson within forty five days of its constitution:
Provided further that a requisition meeting may be called by the Chairperson on a specific issue on the request of not less than one-third of the members of the Committee, and the meeting shall be convened within seventy-two hours after receiving the request so made.
The meetings of a Town Vending Committee shall be held at the headquarters of the local authority or at such place within the jurisdiction of the local authority as may be decided by the Chairperson.
A notice shall be issued before seven days of a scheduled meeting to all the members of the Town Vending Committee, along-with the agenda of the meeting.
The quorum for the meeting shall be two-third members of the total strength of the Town Vending Committee.
No meeting shall be held in the absence of the quorum and where there is no quorum, the meeting shall be adjourned.
Is 20. Frc'eedure for transaction of business of Town Vendhig CommIttee.- (I) The Town Vending Committee may follow such procedure for transaction of its business as may be decided by the Chairperson in consultation with the members. -
Subject to the provisions of the Act and these rules and notwithstanding anything contained in the bye-laws, the resolution passed in a meeting of a Town Vending Committee shall be by not less than two-thirds of the members present and voting in the meeting.
The Chairperson shall ensure that the minutes of each meeting are recorded which shall be signed by him, circulated amongst the members and published on its website, if available, within one month of the meeting of the Committee.
21. Functions of Town Vending Committee.- Without prejudice to any other provisions of the Act, a Town Vending Committee shall perform the following functions, namely:-
to conduct surveys within the area of its jurisciction to identify stieet vendors in the area and ensure their accommodation in accordance with the norms, plan and the holding capacity within the area of its jurisdiction;
to issue certificate of vending to an eligible street vendor after obtaining an undertaking from him to comply with the terms and conditions subject to which the certificate of vending is issued for issue of certificate of vending, the Town Vending Committee shall follow the criteria as specified in the scheme framed under sub-section (1) of Section 38 of the Act;
to cancel or suspend certificate of vending of street vendors who commit breach of any of the conditions thereof or 4 any other terms and conditions specified, for regulating street vending under the Act or these rules or scheme made
under the Act or where the Town Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud:
Provided that any order for cancellation or suspension of a certificate of Vending by the Town Vending Committee shall specify the reasons for such cancellation or suspension in the written order communicated to the vendor;
to recommend to the local authority an area in its jurisdiction for declaration of the same to be a non-vending area;
to identify sites and spaces for vending;
(0 to regulate timings for vending to ensure non-congestion of public spaces;
(g) to ensure enforcement of corrective mechanism against defiance by street vendors;
(Ii) to follow up cases of dispute pending before the dispute redressal committee and the local authority;
(i) to furnish recommendations to the local authority in relation to the preparation of plan to promotc the vocation of street vendors;
U) to hold its meetings and take appropriate decisions to ensure efficient discharge of its functions;
() to associate technical and professional persons from the Government or other non-government organisations with itself on temporary basis for obtaining assistance or advice in carrying out any of the provisions of the Act;
28 - THE GAZE'ITE OF INDIA EXTRAORDINAJW [PART H—SEC. 3(i)]
(I) to publish the street vendor's charter in at least one local language, Hindi and English newspapers Of repute and displayed in the office of Town Vending Committee and other offices of the Urban Local Bodies as required, specitjting therein the time within which the certificate of vending shall be issued to the street vendors and time Within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein;
to maintain up to date records of registered street vendors and street vendors to whom certificate of vending has been issued in accordance with the provisionsof the Act and publish on the website, if available;
to carry out social audit of its activities under the Act or these rules or the scheme made thereunder;
to furnish from time to time to the Government and the local authority such returns as prescribed under the Act and these rules;
(p)to furnish comments to the Government for undertaking promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors;
to assist the Government to raise awareness among the public about the role of the street vendors in the economy; and
to perfbrm such other functions for effective implementation of the Act and these rules as may be delegated to the Town Vending Committee by the local authority and by the Government.
a' n -------C ,', -----7_ Z....r___' .e..s ._... t:.__.. ... 4k. runtr 01 Jun11 vendiug ...ummittec Irn .ernpora. y usu"u. 'i -.rt Cnun.- sj 0UUJ4 to provisions of the Act a Town Vending Committee may associate any suitable person of repute having adequate knowledge and experience in the field, as expert to obtain technical or professional advice on matters relating to the street vendors.
The person to be associated as expert under sub-rule (1) shall be selected in a fair and transparent manner and by following the proCedure for engagement of consultants and experts as technical or professional experts in Government Departments.
The person associated as expert under sub-rule (I) shall be paid allowances as detennined by the local authority.
The person associated as expert under sub-rule (1) may take part in the meetings of the Town Vending Committee, but such persons shall not have a right to vote in the meetings. C
Employees of Town Vending Committee - The local authority concerned shall, when so requested by a Town Vending Committee, make available to that Committee such employees as the local authority considers necessary for discharge of the functions conferred or imposed on the Committee under rule 21 of these rules.
CHAPTER VI
MISCELLANEOUS
Manner of maintenance of records of street vendors by Town Vending Committee.- Every Town Vending Committee shall maintain up to date records as specified in the scheme under sub-section (2).of Section 26 of the -Act in electronic form or manually or in both forms, as may be decided by the local authority.
Town Vending Committee to furnish returns.- (1) Every Town Vending committee shall prepare and furnish to the Government and local authority periodical returns for each year with details as required in Form 'D'.
(2) The Government or the local authority, as the case may be, may require a Town Vending Committee to furnish such other return or returns in such proforma as demanded from time to time.
Publication of summary of notified scheme in newspapers, etc.- (1) A summaryof the scheme notified by the (lovemment in the second schedule under sub-section (1) of Section 38 of the Act shall be published by the local authority by means of a public notice given in two prominent daily newspapers and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected thereby, within seven days from the date the scheme is notified by the Government.
The notice shall be signed by the Municipal Commissioner or the Chief Executive Officer of the local authority, as the case may be, or by an officer authorised by him in this behalf.
The notice shall be in such language or languages as the Municipal Commissioner or the Chief Executive Officer of the local authority, as the case may be, may speci' in this behalf.
[PT II_läU 3ff] qRd W TPM : 3Tl1t&tI 29
THE SCHEDULE
[See rule 141
PROCEDURE FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF A TOWN VENDING COMMITTEE REPRESENTING THE STREET VENDORS IN THE AREA OF THE JURISDICTION
THEREOF
1. The local authority concerned shall supervise, direct and control the conduct of elections of the members of a Town Vcnding Committee rcprcscnting the street vendors in the area of its jurisdiction.
2. As soon as the notification expressing the intention of the local authority to conduct elections for members oft Town Vending Committee representing the street vendors has been issued under sub-rule (I) of rule 13 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that rule, the local authority shall by a resolution determine the date, time and place for conduct of elections.
3. The notice of the resolution or decision of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:-
by public notice to be published in two prominent daily newspapers in Hindi, English or such other language as the local authority thinks fit;
by local delivery;
by post under certificate of posting;
. (d) by speed post or courier services, duly registered with competent authority as well as on the notice board of the returning officer and such notice shall contain information regarding-
the number of members to be elected including seats reserved for representatives of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified categories;
the date on which, the place at which and the hours between which nomination papers shall be filed, such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday;
- Explanation.- the term "public holiday" means any day which is a public holiday under Section 25 of the Negotiable Instruments Act, 1881 [Central Act XXVI of 1881] or any day which has been notified by the Government to be a public holiday for offices under the Government;
the date and the hour for scrutinisation of the nomination papers;
the date, place, hours of polling.
4. The local authority shall prepare a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee as it stood on thirty days before the date fixed for inviting the
- I nominations, and publish copies of the said list by affixing them upon the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for inviting nominations. The list shall specify the registration number or number of certificate of vending and the name of the street vendor, the name of the father or husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the returning officer may require and hand over such records, register or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the local authority, or returning officer, as the case may be, to any street vendor on payment of such fee as specified by the local authority.
5. The nominations of the candidates for election shall be made in Form-I annexed to this Schedule which shall be supplied by the returning officer to any street vendor, free of cost.
6. The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.
7. Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the returning officer. The returning officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee or returning officer. Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected.
Uk Gijic-t
30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART ll-rSEC. 3(i)]
8. (i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the scrutiny of the nomination papers;
The returning officer shalt examine the nomination papers and decide objections, which may be made by any person in respect of any nomination and may, either on such objection, or on his own motion and after such summary inquiry, if any, as the returning officer thinks necessary, reject any nomination: -
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particulars relating to the candidate or his proposer or seconder, as entered in the list of street vendors referred to in paragraph '4 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt.
the returning officer shall give all reasonable facilities to the cqntesting candidates or the proposer or seconder as the case may be, to examine all the nomination papers and to satis' themselves that the inclusion of the name of the contesting candidate is valid;
the returning officer shall endorse on each nomination paper his decision accepting or rejecting the same as the case may be, and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection;
the returning officer shall not allow any adjournment of the proceedings except when such proceodings are interrupted or obstructed by riots or afflay or by causes beyond his control;
9. The list of valid nominations as dectoed by the returning officer with names in English alphabetical orner and addresses of the candidates as given in the nomination papers will be displayed or published on the same day on which the scrutiny of the nomination papers is completed. . . .
10. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pm on the thy follo*ing the thy on which the valid nominations are published, to the returning officer of the Town Vending Committee and a notice of withdrawal of candidates once given shall be irrevocable.
11. If the number of candidates whose nomination tapers have been declared valid, does not exceed the number of candidates to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing- hour of the day of withdrawal of candidatures fixed under paragraph 10 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning offler Cr
may appoint one or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be as prescribed in Form-2 annexed to this Schedule.
12. The local authority shall provide the returning office with ballot boxes, ballot papers copy of list of street vendors or voters and such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer appoint an agent to represent him both where polling is held to identif' the voters and to watch - the recording of votes and such letter shall contain the consent in writing of the agent concerned in Form-3 annexed to this Schedule.
13. Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.
14. Jnimediately before the commencement of the poll, the returning officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal,, if he so desires.
15. Every street vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English alphabetical order either printed; type written or cyclostyled, according to convenience, on the ballot paper. The ballàt paper shall also 'bear the seal of the Town Vending Committee and also the initials of the returning officer, and further contain a column, for the voter to inscribe a mark [x] against the names of persons to whom he wants to vote.
16. Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the street vendors or voters can record their votes in secrecy.
17. No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or voter, concerned is the same person as noted in the list frirnished to him. On receipt of such ballot paper the street vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in' whose favour he exercises his vote by inscribing a mark [x] against the names of the candidate or candidates, as the case may ke, and put the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor or voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling offleer is appointed, the returning officer 'shall ascertain from him the
[wi fl-1° 3(i)] 'tIN T FFTW 3TII%1RUT 31
candidate or candidates in whose favour he desired to vote, inscribe the mark [x] on his behalf and put the ballot paper in the ballot box.
18. If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such elections, it is not possible to take the poll for any sufficient cause, the returning officer shall have the power to stop the poling, recording his reasons for such action in the minute book of the Town Vending Committee.
19. No street vendor or voter shall be admitted after the hours fixed for the poll but a voter, who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed to vote.
20. The counting of votes shall take place immediately after close of the poll. If this is not possible, the ballot box shall be sealed with the seal of the returning officer and the contesting candidates or their agents, if they so desire, and deposit with the local authority for safe custody, the returning officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the returning officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcement of results by returning officer. The number of votes secured by each candidate and the result of the elôctions shall be announced by the returning officer as soon as the counting is over.
21. The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by returning officer and shall also be notified immediately on the notice board of the Town Vending Committee.
22. In case of equality of votes, the returning officer shall declare the election result by tossing coin.
23. The ballot paper shall be rejected by the retutning officer if,-
it bears any mark by which the street vendor's vote can be identified;
it does not bear the seal of the Town Vending Committee or the initials of the returning officer;
the mark indicating the vote thereon is placed in such a manner asto make it doubtful to which candidate the vote has been cast;
is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
24. After the result of election has been announced, the result of the election and a report thereon shall be communicated to the local authority as well as to the Government by the returning officer within three days after the declaration of result.
25. After the declaration of the result of the election, the returning officer shall handover the ballot paper and records relating to the elections of the members of the Town Vending Committee to the local authority in a sealed cover and
0 the same shall safely be preserved by the local authority till the next election results are available and shall thereafter be
:1 destroyed by the local authority and a copy of the handing over and taking over record of elections shall be sent to the
.1 Government as well as local authority by the returning officer along with his report.
TILE SCHEDULE
Form-I
• (paragraph S of Schedule)
NOMINATION FORM FOR ELECTION OF MEMBERS OF TOWN VENDING COMMI1TEE
To
The Returning Officer,
Town Vending Committee
Sir,
I. ....................................... .wife/son/daughter of Shri/Smt./Ms . .................................... street vendor vending in the area of jurisdiction of the Town Vending Committee, (Registration Certificate of Vending No. .................... ) hereby propose the name of Shri/Smt./Ms . .................................. wife/son/daughter of Shri/SmtJMs. .............................. and a street vendor of the said Town Vending Committee (Registration/Certificate of Vending No . ................................ ) as a candidate for the post of Member of the said Committee for the election to be held on ..................................
Name and signature of the proposer ...........................
Registration/Certificate of Vending No......
32 THE GAZETFE OF INDIA EXTRAORDINARY IPART il—SEc. 3(1)}
1. ......................... ....... wife/son/daughter of Shri/Smt./Ms . ..................................... Registration/Certificate of Vending No . ......................... of ........................Town Vending Committee, hereby second the above proposal.
Name and Signature of the Scconder ......................
Registration/Certificate of Vending No............................
DECLARATIONBY THE CANDIDATE
I . ................................ wife/son/daughter of Shri/Srnt./Ms. ................................. Registration/Certificate of Vending No. of .......................Town Vending Committee, hereby agree to my nomination for the election as Member
of the ........................Town Vending Committee. I
-I further declare that-
I am not an employee of the said Town Vending Committee;
I am eligible to vote;
I. do not incur any disqualification for election as Member of the said Town Vending Committee under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7 of 7014) and the '1•Tninn Territory of fladra and )Jagar Maveli' Street Vendnr (Protection oflivelihood and Regulation of Street Vending) Rules, 2015 made thereunder.
Name and Signature of the Candidate ...................
- Registration/Certificate of Vending No. ........................
(FOR OFFICE USE ONLY).
Received the nomination foim at ..........................a.m./p.m. on ....................................
Signature of the Returning Officer .......................... c Seal
t
ACKNOWLEDGEMENT
Received the nomination form of .....................................presented by Shri/Smt./Ms candidate/proposer/seconder for election at ..........a.m./p.m. on ................
S Signature of the Returning Officer ...............................
Seal
S
THE SCHEDULE
Form- 2
(paragraph 11 of Schedule)
BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN VENDING COMMITTEE
Ballot paper of elections of Members of ,a Town Vending Committee whose elections are to be coEducted wider Schedule.! appended to rule 14 of the 'Union Territory of Dadra and Nagar Haveli' Street Vendàrs (Proteêtion of Livelihood and Regulation of Street Vending) Rules, 2015.
11-17g 3(i)] irlio W 33
The
Town Vending Committee
(Address)
(Counterfoil)
Ballot paper for the Post of ...........................
Date of Election.............................................. * SI. No.................................................
Certificate of Vending No....................................................
Please thark [x] against one of the candidate
SI. No. Name of candidate Certificate of Vending No. Mark of casting vote
THE SCHEDULE I
Form- 3
NOMINATION OF ELECTION AGENT/ COUNTING AGENT
0 (Paragraph 12 of Schedule)
.. ........... . ............................ son/wife /daughter of Shri/Smt.IMs. ....................................... .street vendor vending in the area of jurisdiction of the Town Vending Committee, (Certificate of Vending No. ..................... ) contesting for election of Member of the said Committee s hereby nominate the following person as my election agent/counting agent in the election of Members of the said Town Vending Committee to be held on ............................(specifr the date):-
• Name and Signature of the Candidate .............
Certificate of Vending No.............................
son/wife/daughter of Shri/Smt./Ms . ................................................ address ..................................................................................................am willing to be
the election agent/counting agent. -
Name and Signature of the Agent ..................
FORM'A'
[5cc rule 7]
APPLICATION TO THE GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION COMMITTEE FOR THE REDRESSAL OF GRIEVANCE OR RESOLUTION OF DISPUTE OF STREET VENDORS
I. Name and address of the applicant
2. Registration number/ case numberl ID number
(,qj5-Cj
34 THE GAZETTE OF INDIA: EXTRAORDINARY - [PART Il—SEC. 3(i)j
Place of vending -
(give hill details of location, zone ward, etc.) -
Nature of vending (Tick the appropriate) - -
(a)stationary - (a)
(b)mobile - (b) - -
(c) any other categoiy (if other, please speciI' the category) (c)
Date of issue of certificate of vending (attach a copy of certificate of vending, if issued) -
Grounds of redressal of grievance or resolution of dispute (give -:
hill details and attach more pages, if required)
Signature of applicant .................... - - - - DECLARATION
I... .................................... .the applicant, do hereby solemnly declare that what is stated above is true to the best of my inférmation and belief. -
Plaôe: -
Date:
-. Signature of applicant
Note.- Please attach all the relevant documents along with the application.
- - FORM'B' - -
- ISeerule9I -
- -
APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE GRIEVANCE - REDRESSAL AND DISPUTE RESOLUTION COMMITFEE
Name and address of the appellant
Registration numberf case number/ID number
3.,. Placeofvending - --
- : -
(give hill details of locition, zone ward, etc.) - - - - -
4. Nature of vending (Tick the appropriate) -
(a)stationary - -
(a)
(b)mobile - (b) - - I - L
(c) any other category (if other, please specilS' the category) (c)
Decision Of the Committee - -
- (attach the copy of the decision of the Dispu;e Redressal Committee, giving- -
(a) the number of decisions; and - -
• - (b) the date of the decisions.) -
6. Grounds of appeal (give hill details and attach more pages, if :
required) - - - - - - - - - -
Signature of appellant ....................
['1171 fl—n 3(i)] '11Th i1 iqw : 3l11ThRuT 35
DECLARATION
I. ...................................... .the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date:
Signature of appellant
Note.- Please attach all the relevant documents along with the application.
FORM'C'
[See rule 101
APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE TOWN VENDING COMMITTEE
I. Name and address of the appellant
2. Registration number/ case number! ID number
3. Place of vending - (give full details of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) - stationary (a) mobile
('o) any other category (if other, please speci' the category)
(c)
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issued)
6. Nature of the order appealed against (Tick the appropriate)
issuance of certificate of vending; (a) cancellation of certificate Of vending; or
(b) suspension of certificate of vending. • (c)
7. Growids of appeal (give full details and attach more pages, if required)
Signature of appellant
DECLARATION I • . ...................................... .the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief Place: Date:
Signature of appellant Note.- Please attach all the relevant documents along with the application.
FORM'D' (See ruje 251
RETURN TO BE FURI'(ISHED BY THE TOWN VENDING COMMITTEE [I] Survey-
(a) the number of street vendors surveyed during
5 Lfl &77 f Sr JO
36 THE GAZETTE OF INDIA: EXTRAORD1&Jy [PART 11—SEc. 3(i)]
name of area and wards where survey work has been completed along with date of completion of survey;
name of area and wards where survey work is in progress along with the date of start of survey and the date of likely completion;
the number of registered street vendors waj
w'seass
onthelastdayof
Receipt and difapplications forfcertificate ofven
(a) the numfapplications (wreceived for fcertificate of g during the year;
(b) the number of P
applications (ward wise) • disposed of during the year of which-
(i) the number of • applications accepted;
• - (ii) the number of applications denied;
:(iii) the number of • applications pending as
on thelast day of the year;
Cases of suspension of certificate of vending-
the number of cases in which action for suspension of certificate of vending initiated during the year;
the number of cases of suspension disposed of during the year of which-
the number of certificate of vending were suspended;
Li) the number of cases closed and the certificate•, of vending continued;
the number of cases pending as on the last day of the year;
'4
C,
.
[tin fl- UW 30] timi ii TPM : 3111NET 37
[IV] Applications for revocation of suspension of certificate of vending-
the number of applications for the revocation of suspension of certificate of vending received during the year;
the number of applications received at (a) above disposed of during the year of which-
(I) the number of applications where suspension revoked and the certificate of vending revalidated;
(ii) the number of cases closed and Suspension continued;
the number of applications for revocation of suspension pending as on the last date of the year;
[V} Cases of cancellation of certificate of vending-
(a) the number of cases in which action for cancellation of certificate of vending initiated during the year;
(b) the number of cases of • cancellation of certificate of
vending disposed of during the year of which-
the number of certificates of vending cancelled;
the number of cases closed and certificate continued;
(c) the number of cases • pending on the last day of
the year;
[VII The number of meetings of Town Vending Committee held during the year;
[Vll] Ward wise list of vending zones identified along with the details such as ward, area/colony, road, map of
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART Il—SEC. 3(i)]
the vending zone, and the holding capacity;
Ward wise number of registered street vendors that have been accommodated in the notified vending zones;
Other activities-
(I) (a) the social audit of its activities conducted during the year;
promotional measures taken for making available credit, insurance and other welfare schemes of social security of the street vendors during the year;
steps taken during the year to raise awareness among the public about the role of street vendors in the economy. -
(2) The Government or the p
local authority, as the case may be, may require a Town Vending Committee to furnish such other return or returns in such proforma as demanded from time to
[F. No. N-11023/3/2011-IJSD}
B. K. AGARWAL, Jt. Secy.
•
-1
4
• L, 1
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-i 10064 and Published by the Controller of Publications, Delhi-i 10054.
I _ Cs 7 JJVeAC4ta . o to o-33004/99 REGD. NO. D. L.-33004/99
4TZ N 'Othe Gayette of 3ndid
34tuuuu1
I -EXTRAORDINARY
%TM II—fl 3—Zq-vg (I) --
PART Il—Section 3—Sub-section (I) /
PUBLISHED BY AUTHORITY
. 4711 711ft, gillm-lli, 7qRj 28, 2015/&Ta'UT 6, 1937
No. 4711 NEW DELHI, TUESDAY, JULY 28, 2015/SRAVANA 6, 1937
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22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART lI—SEC. 3(i)]
MINISTRY OF HOUSING AND URBAN POVERTY ALLEVIATION
NOTIFICATION New Delhi, the 27th July, 2015
G.S.R. 584(E).—In exercise of the powers conferred by Section 36 read with sub-clause (i) of clause (a) of sub-Section (1) of Section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(7 of 2014), the Central Government, hereby makes the following rules for the Union Territory of Andaman and
Nicobar Islands, namely:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.- (I) These rules may be called the 'Union Territory of Andaman and Nicobar Islands' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires, -
"Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014);
"Bye-laws" mean the bye-laws made under section 37 of the Act;
"Fonn" means a form appended to thcsc rules;
"Government" means the Administrator of the Union Territory;
"Grievance redressal. and dispute resolution committee" means a committee constituted by the Government under sub-section (1) of section 20 of the Act for the redressal of grievances or
.- resolution of disputes;
(t) "local authority" means the local authority as defined under clause (c) of sub-section (1) of section 2
of the Act;
"Municipal Commissioner" means the Commissioner of a Municipal Corporation or Chief Officer of a Municipal Council and includes the Vice Chairman of the Union Territory Development Authority, if any; or as the case may be, the Chief Executive Officer of the Cantonment Board;
"rul&' means rules made under section 36 of the Act;
"Schedule" means a schedule appended to these rules or the Act, as the case may be;
U) "scheme" means a scheme framed by the Central Government under section 38;
(k) "section" mEans a section of the Act;
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
CHAPTER II
REGULATION OF STREET VENDING
3. Prescription of age for issue of certificate of vending.- A street vendor who has completed the age of fourteen years shall be issued a certificate of vending in the manner provided under section 4.
CHAPTER III
DISPUTE REDRESSAL MECHANISM
4. Constitution of Grievance redressal and dispute resolution committees.- (1) There shall be a Grievance redressal and dispute resolution committee for each local authority, constituted by the Government under sub-section (1) of section 20 of the Act, comprising of a Chairperson, who has been a civil judge or a judicial magistrate and two other professionals as members.
(2) The Chairperson and members of a Grievance redressal and disputc resolution committee shall be appointed by the Government, for a period of five years:
[T'T 1llu 3(i)] 'imi wr : 3JTRUl 23
Provided that no Chairperson shall hold office as such after he has attained the age of sixty-seven years.
5. Qualifications and experience for appointment as member in a Grievance redressal and dispute resolution - committee.- A person shall be qualified to be appointed as a professional member in a Grievance redressal and dispute resolution committee, if he,-
is above thirty five years but is not more than sixty five years of age; and
possesses a Bachelor's degree from a recognised University; and
is a person of ability, integrity and standing and has adequate knowledge or experience of, at least, ten years in social work or in dealing with the problems relating to siseet verdot's or of public affairs or of municipal or public administration;
6. Salaries and other allowances and terms and conditions of Chairperson and member of Grievance redressal and dispute resolution committee.- (1) The Chairperson and members of the Grievance redressal and dispute resolution committee shall receive salary, allowances and other perquisites as may be notified by the Government from time to time.
(2) The Government may remove from the office, the Chairperson and members of a Grievance redressal and dispute resolution committee if he,'
has been adjudged an insolvent; or
has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or
(C) has become physically or mentally incapahie of action aisuch Chairperson or member : as the ease may • be; or
has acquired such fmancial other interests as is likely to affect prejudicially his functions as the chairperson or a member, as the case may be; or
has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that the Chairperson or member shall not be removed from his office on the grounds specifled in clauses (d) and (e) of sub-rule (2) except on an inquiry held by the Government in accordance with such procedure as it may specify in this behalf.
(3) The terms and conditions of the service of the Chairperson and members of the Grievance redressal and
dispute resolution committee shall not be varied to their disadvantage during their tenure of office.
7. Form and manner of making application to Grievance redressal and dispute resolution committee.- (I) Every application for redressal of a grievance or resolution of a dispute under sub-section (2) of section 20 of the Act shall be in Form W.
The application shall be signed by the applicant and presented by him in person or through his authorised representative to the Grievance redressal and dispute resolution committee or such other person as may be authorised by the committee in this behalf.
The application shall be filed in three sets and shall be accompanied by a fee of rupees one hundred.
40 (4) The application shall be accompanied by a copy of the order or notice, if any, against which the application is made and other relevant documents.
Such application shall be filed by the street vendor within thirty days from the date of occurrence of any incident causing the grievance or dispute:
Provided that the Grievance redressal and dispute resolution committee may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
S. Manner of verification of application and enquiry.- (I) Every application for grievance redressal, on receipt, shall be entered and numbered in scriatum by the person authorised in this behalf by the Grievance redressal and dispute resolution committee in a register to be kept for this purpose.
The person authorised in this behalf by the Grievance redressal and dispute resolution committee, after making an entry in the register shall put up the application before the committee.
The Grievance redressal and dispute resolution committee shall fix a date for hearing othe application, which shall not be later than fifteen days from the date of filing of the application, and shall issue notice of the hearing to the parties or shall cause a notice to be issued.
The Grievance redressal and dispute resolution committee while issuing a notice under sub-rule (2) shall call upon the respondent to submit a written statement and the notice shall contain a statement to this effect.
/ hi
24 THE GAZEflE OF INDIA : EXTRAORDINARY [PART
On the date so fixed for the appearance of the parties, the Grievance redressal and dispute resolution committee may call upon the applicant to remedy the defects, if any, or may call upon the parties to furnish relevant records or such other documents or evidence as it may deem fit and proper within such period as may be specified by it.
The Grievance redressal and dispute resolution committee may also order for a field enquiry in connection with the contentions made by the applicant and respondent and also with reference to the records submitted before it.
The Grievance redressal and dispute resolution committee, after hearing both the parties and examining the record of the case shall decide the application and pass such orders as it may deem fit and proper within sixty days froth the date of presentation of the application:
Provided that during the hearing of the case if the Committee is satisfied that a situation exists which warrants that an interim relief should be provided, the Committee may, until the conclusion of such case or until further orders, pass such interim orders as it deems necessary.
The Grievance redressal and dispute resolution committee may also explore the possibility of a settlement between the parties and in case the parties arrive at a settlement, the committee shall record the settlement, which shall be signed by the parties or the authorised representatives or officers and shall dispose of the application in terms of such settlement.
The Grievance redressal and dispute resolution committee shall not entertain an application where,-
the application is anonymous or it contains general and vague allegations;
the matter is sub-judice in any court of law, tribunal or a judicial or quasi-judicial authority;
the matter is beyond the purview of the Act;
the applicant has no locus standito file the application. -
CHAPTER IV
APPEALS
9. Appeal against order or decision of Grievance redressal and dispute resolution committee.- (I) An appeal against an oçder or decision of a Grievance redressal and dispute resolution committee may be preferred by an aggrieved person, in Form 'B', to the appellate authority constituted by the concerned local authority, comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board• meeting, within thirty days from the date of communication of such order or decision appealed against:
Provided that the appellate authority may condone the de!ay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
The appeal shall be in the form of a memorandum and shall be signed by the appellant and presented by him in person or through his authorised representative to the concerned local authority.
The memorandum of appeal shall be accompanied by original order or certified copy of the order, if any, agaihst which appeal is preferred.
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.
(5). No such appeal shall be entertained unless a copy thereof has been served upon the respondent or respondents, as the case may be, and proof of such service has been filed.
(6) No appeal shall be entertained where the order has been passed by the Grievance.redressal and dispute resolution Committee in terms of the.settlement arrived between the parties.
10. Appeal from decision of Town Vending Committee.- (I) An appeal under section II against any decision of a Town Vending Committee with respect to issue of certificate of vending or cancelation or suspension of certificate of vending shall be preferred before the appellate authority constituted by the concerned local authority comprising of the Mayor or President as the. Chairperson and two other members of the local authority as decided in the General Board meeting, in Form 'C' within thirty days from the date of communication of the order appealed against:
Provided that the appellate authority may condone the delay in case it is satisfied that appellant was prevented by sufficient cause from preferring the appeal within the prescribed time:
Provided further that in the absence of Chairperson any one of the members designated by the Chairperson may chair the meeting of the appellate authority.
(2) The appeal shall be in the form of a memorandum in Form 'C' and shall be signed by the appellant and presented by him in person or through his authorised representative, either in English, Hindi or the local language, as preferred by the appellant
['III! 11—lW 3(i)] 'ImI W 1F'N 3R11%TRUI 25
The memoranduni of appeal shall be accompanied by the original or certified copy of the order against which appeal is preferred.
The appeal shall be filed in three sets and accompanied by afee of rupees two hundred.
No appeal shall be entertained unless a copy thereof has been served upon the Town Vending Committee which had made the order appealed against, prior to filing of such appeal and proof of such Service has been filed along with the appeal:
II. Procedure for disposal of appeals by the local authority.- (I) The officer or the person authorised in this behalf by the concerned loS authority shall make an entry of the appeal in the register kept for the purpose by the concerned local authority with the date on which it was presented.
The appeal shall be put up before the Appellate Authority constituted by the concerned local authority which shall fix a date for hearing of the appeal, which shall not be later than fifteen days from the date of filing of the application, and shall cause a notice of the hearing to be served upon the parties.
The appellate authority shall on the basis of submissions made before it by the parties and the records of the case and on the basis of field enquiry, if any, ordered to be conducted by the appellate authority, pass such order, as it thinks fit, with reasons to be recorded in writing, confirming, modifying or annulling the order appealed against within sixty days from the date of receiptof the appeal by the local authority:
Provided that during the hearing of the case, lithe appellate authority is satisfied that ásituation exists which warrants that an interim relief should be provided, the appellate authority may, until the conclusion of such case or until further orders, pass such interim orders as it deems necessary.
• CHAPTER V
TOWN VENDING COMMITFEE 12. Constitution of Town Vending Committee.- (I) In each local authority one Town Vending Committee shall be constituted by the Government:
Provided that the Government, if it considers necessary, on the request of the concefifl local authority may provide• for constitution of more than one Town Vending Committee for each local authorityafter specifying their
• jurisdiction. - •
(2) The constitution of a Town Vending Committee shall be as follOws, namely:-
SI. No. Government Department and other Bodies No. of members
(a) Government Department -
Chairperson (Munkipal Commissioner or 01 Chief Executive Officer)
Representative of Police (preferably from 01 the Traffic Division)
• (b) Other Bodies -
Street vendors (one-third of whom shall be women 04 vendors, with due representation of the Scheduled Castes,
• Scheduled Tribes, Other Backward Classes, minorities • and.persons with disabilities)
Non-governmentorganjsafions and community based 01 Organisations
Resident Welfare Associations 02
Representative of State Level Bankers Committee 0.1
Total 10
(3) The mcmbers of the Town Vending Committee other than the elected members shall be nominated by the Government:
Provided that nomination of Government members shall be preferred from amongst persons who are dealing with street vendors or related activities:
Provided further that nomination of members representing non-governmental organisitions or community based organisations or resident welfare assOciations shall be carried out on the basis of such criteria as may be laid
25
26 THE CiAZETTE OF INDIA EXTRAORDINARY [PART Il—SEC. 3(i)]
down by the Government, after inviting applications, as such, by publishing the same in at least two local newspapers or publicising in any other manner.
13. Election of members of Town Vending tommittee from amongst street vendors.-(I) The local authorit shall by a notification express its intention to codduct elections for the members of a Town Vending Committee' representing the street vendors of the area under the jurisdiction of the concerned local authority.
(2) The concerned local authority shall appoint a ret$ning officer forconducting the election under its jurisdiction.
14. Manner of election of members of Town Vending Committee from amongst street vendors.- (1) The returning officer appointed under sub-rule (2) of rule 13 shall, conduct the elections in the manner provided under the Schedule appended to these rules.
(2) A street vendor shall be disqualified to be elected to a Town Vending Committee if, he is,-
a convict of an offence involving moral turpitude;
is physically and, or, mentally incapable of discharging his duties as a member of a Town Vending Committee.
(3) The names of the elected members shall be intimated by each local authority to the Government which shall upon receipt of such names along with other members nominated by it notiI, the constitution of the Town Vending Committee in each local authority.
15. Term of members of Town Vending Committee.-(l) The term of the members of the Town Vending Committee, other than the Governmeni officials who shall be members in ex-officio capacity, shall be five years from the date of their election or nomination, as the case may be.
(2) The process of electing or nominating, as the case may be, of the members shall be completed before the expiry of their term.
.16. Removal of a member of Town Vending Committee.- Any member of a Town Vending Committee may be removed by the Government from the committee, if he, -
persistently makes defaults in the performance of his duties imposed on him under the Act and these rules or exceeds or abuses its powers;
remains absent for three consecutive meetings of the Committee without thc permission of the Chairperson;
is convicted of any criminal case by any court of law: I
Provided that such member shall be given - a reasonable opportunity of being heard before his removal. 17 Method of filling vacant post.- (1) Where any vacancy occurs in a Town Vending Committee due to resignation, death, removal or otherwise of any member, other than a street vendor, the same procedure as specified in rule 12 shall be followed to fill up such vacancy and the member so nominated shall continue to be a member for the remaining period of term of that member in whose place he has been nominated.
(2) Where any vacancy occurs in a Town Vending Committee due to resignation, death, removal or otherwise of any member who is a street vendor, the local authority shall fill up that vacancy based on the election results conducted as per rule 14 and the member so elected shall continue to be a member for the remaining period of term of that member. in whose place he has been elected.
Allowances to members of Town Vending Committee.- The allowances payable to the members of a Town Vending Committee, who do not hold any office of profit, shall be at the rate of rupees one thousand only for attending each meeting of the Town Vending Committee, or as may be fixed by the concerned local authority from time to time.
Meetings of Town Vending Committee.- (1) A Town Vending Committee shall ordinarily hold at least one meeting within a period of three months Or at any such intervals as the Chairperson of the Town Vending Committee may decide for the transaction of its business:
Provided that the first meeting of a Town Vending C6mmittee shall be convened by the Chairperson within forty five days of its constitution:
Provided further that a requisition meeting may be called by the Chairperson on a specific issue on the request of not less than one-third of the members of the Committee, and the meeting shall be convened within seventy-two hours after receiving the request so made.
The meetings of a Town Vending Committeeshall be held at the headquarters of the lotal authority or at such place within the jurisdiction of the local authority as may be decided by the Chairperson.
A notice shall be issued before seven days of a scheduled meeting to all the members of the Town Vending Committee, along-with the agenda of the meeting..
I-I-
['wr 11—w 3(i)] WN u : 3TRT1VT 27
The quorum for the hieeting shall be two-third members of the total strength of the Town Vending Committee. No meeting shall be held in the absence of the quorum and where there is no quorum, the meeting shall• be adjourned.
20. Procedure for transacticin of business of Town Vending Committee.- (I) The Town Vending Committee may follow such procedure for transaction of its business as may be decided by the Chairperson in consWtation with the members.
Subject tothe provisions of the Act and these rules and notwithstanding anything contained in the bye-laws, the resolution passed in a meeting of a Town Vending Committee shall be by not less than two-thirds of the members present and voting in the meeting.
The Chairperson shall ensure that the minutes of each meeting are recorded which shall be signed by him, circulated amongst the members and published on its website, if available, within one month of the meeting of the Committee.
21. Functions of Town Vending Committee.- Without prejudice to any other provisions of the Act, a Town Vending Committee shall perform the following functions, namely:-
to conduct surveys Within the area of its jurisdiction to identify street vendors in the area and ensure their accommodation in accordance with the norms, plan and the holding capacity within the area of its jurisdiction;.
to issue certificate of vending to an eligible street vendor after obtaining an undertaking from him to comply with the terms and conditions subject to which the certificate of vending is issued for issue of ceftificate of vending, the Town Vending Committee shall follow the criteria as specified in the scheme framed under sub-section (I) of section •
to cancel or suspend certificate of vending of street vendors who commit breach of any of the conditions thereof or any other terms and conditions specified forregulating street vending under the Act or these rules or scheme made under the Act or where the Town Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation orfraud: -
Provided that any order for cancellation or suspension of a éertificate of vending by the Town Venkling Committee shall specify the reasons for such cancellation or suspension in the written order communicated to the sendor;
to recommend to the local authority an area in its jurisdiction, for declaration of the same to be a non-vending area; -
to identify sites and spaces for vending;
(fl to regulate timings for vending to ensure non-congestion of public spaces;
to ensure enforcement of corrective mechanism against defiance by street vendors;
to foll?w up cases of dispute pending before the dispute redressal committee and the local authority;
to furnish recommendations to the local authority in relation to the preparation of plan to promote the vocation of street vendors;
to hold its meetings and take appropriate decisions to ensure efficient discharge of its functions;
to associate technical and professional persons from the Government or other non-government orgnisations with itself on temporary basis for obtaining assistance or advice in carrying out any of the provisions ofthe Act;
(I) to publish the street vendor's charter in at least one local language, 1-lindi and English newspapers of repute and •
displayed in the office of Town Vending Committee and other offices of the Urban Local Bodies as required, specifying therein the time within which the certificate of vending shall be issued to the street vendors and time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein;
(m) to maintain up to date records of registered street vendors and street vendors to whom certificate of vending has been issued in accordance with the provisions of the Act and publish on the website, if available;
(ii) to carry out social audit of its activities under the Act or these rules or the scheme made thereunder;
to furnish from time to time to the Government and the local authority such returns as prescribed under the Act and these rules;
to furnish comments to the Government for undertaking promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors;
to assist the Government to raise awareness among the public about the role of the street vendors in the economy; and
-, -7
28 THE GAZETFE OF INDIA: EXTRAORDINARY [PART lI—SEC. 3(i))
(r) to perform such other fUnctions for effective implementation of the Act and these rules as may be delegated to the Town Vending Committee by the local authority and by the Government.
22. Power of Town Vending Committee for temporary association of expert persons.-(1) Subject to the provisions of the Act, a Town Vending Committee may associate any suitable person of repute having adequate knowledge and experience in the field, as expert to obtain technical or proSsional advice on matters relating to the street vendors.
The person to be associated as expert under sub-rule (1) shall be selected in a fair and transparent manner and by following the procedure for engagement of Consultants and experts as technical or professional experts in Government Departments.
The person associated as expert under sub-rule (I) shall be paid allowances as determined by the locèl authority.
The person associated as expert under sub-rule (1) may take part in the meetings of the Town Vending Committei, but such persons shall not have a right to vote in the meetings.
23. Employees of Town Vending Committee - The local authority concerned shall, when so requested by a Town Vending Committee, make available to that Committee such employees as the local authority considers necessary for disdharge of the functions confeited or imposed on the Committee under rule 21 of these rules.
CHAPTER Vi
MISCELLANEOUS
24. Manner of maintenance of records of street vendors by Town Vending Committee.- Every Town Vending Conunittee shall maintain up to date records as specified in the scheme under sub-section (2) of section 26 of the Act in electronic form or manually or in both forms, as may be decided by the local authority.
25. Town Vending Committee to furnish returns.- (I) Every Town Vending committee shall prepare and furnish to the Government and local authority periodical returns for each year with details as required in Form 'D'.
(2) The Government or the local authority, as the case may be, may require a Town Vending Committee to fUrnish such other return or returns in such profurma as demanded from time to time.
26. Publication of summary of notified scheme in newspapers, etc.- (I) A summary of the scheme notified by the Government in the second schedule under sub-section (1) of section 38 of the Act shall be published by the local authority by means of a public notice given in two prominent daily newspapers and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected thereby, within seven days from the date the scheme is notified by the Government.
The notice shall be signed by the Municipal Commissioner or the Chief Executive Officer of the local authority, as the case may be, or by an officer authorised by him in this behalf.
The notice shall be in such language or languages as the Municipal Commissioner or the Chief Executive Officer of the local authority, as the case may be, may speci& in this behalf.
THE SCHEDULE
LSeerulcl4l:
PROCEDURE FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF A TOWN VENDING COMMIFEE REPRESENTING TEE STREET VENDORS IN THE AREA OF THE JURISDICTION
THEREOF
I. The local authority concerned shall supervise, direci and control the conduct of elections of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.
As soon as the notification expressing the intention of the local autlority to conduct elections for members of a Town Vending Committee representing the street vendors has been issued under sub-rule (I) of rule 13 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that nile, the local authority shall by a resolution determine the date, time and place for conduct of elections.
The notice of the resolution or decision of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:- -
by public notice to be published in two prdmincnt daily newspapers in Hindi, English or such other language as the local authority thinks fit;
by.local delivery;
by post under certificate of posting;
['im 11lN° 3(i)] '1R?f 1 irq :3T1NEU1 29
(d) by speed post dr courier services, duly registered with competent authority as well as on the notice board of the returning officer and such notice shall contain information regarding-
the number of members to be elected including seats reserved for reprcsentatives of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified categories;
the date on which, the place at which and the hours between which nomination papers shall be filed, such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday;
Explanation.- the term "public holiday" means any day which is a public holiday under section 25 of the Negotiable Instruments Act, 1881 [Central Act XXVI of 1881] or any day which has been notified by the Government to be a public holiday for offices under the Government;
the date and the hour for scrutinisation of the nomination pape!s;
the date, place, hours of polling
The local authority shall prepare a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee as it stood on thirty days before the date fixed for inviting the
'J nominations, and publish copies of the said list by affixing them upon the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for inviting nominations. The listshall specify the registration number or number of certificate of vending and the name of the street vendor, the name of the father or husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the
•returning officer may require and hand over such records, register or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the local authority, or returning offiàer, as the case may be, to any street vendor on payment of such fee as specified by the local authority.
The nominations of the candidates for election shall be made in Form-I annexed to this Schedule which shall be supplied by the returning officer to any street vendor, free of cost.
The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.
Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the returning officer. The returning officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee or returning officer. Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected.
(i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the scrutiny of the nomination papers;
The returning officer shall examine the nomination papers and decide objections, which may be made by any •person in respect of any nomination and may, either on such objection, or on his own motion and after such summary inquiry, if any, as the returning officer thinks necessary, reject any nomination:
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particulars relating to the candidate or his proposer or seconder, as entered in the list of street vendors referred to in paragraph 4 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt.
the returning officer shall give all reasonable facilities to the contesting candidates or the proposer or seconder as the case may be, to examine all the nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid;
the returning officer shall endorse on each nomination paper his decision accepting or rejecting the same as the case may be, and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection;
the returning officer shall not allow any adjournment of the proceedings except when such procethings are interrupted or obstructed by riots or a&ay or by causes beyond his control;
29
30 THE GAZETTE OF INDIA EXTRAORDINARY [PART IJ—Stc. 3(i)]
The list of valid bominations as decided by the returning officer with names in English alphabetical order and addresses of the candidates as given in the nomination papers will be displayed or published on the same day on which the scrutiny of the nomination papers is completed.
Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pm on the day following the day on which the valid nominations are published, to the returning officer of the Town Vending Committee and a notice of withdrawal of candidates once given shall be irrevocable.
If the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed under paragraph 10 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be as prescribed in Form-2 annexed to this Schedule.
The locil authority shall provide the returning office with ballot boxes, ballot papers copy of list of street vendors or voters and such other articles as may be necessary for the conduct of electiohs. The ballot box shall be so constructed that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer appoint an agent to represent him both where polling is held to identify the voters and to watch the recording of votes and such letter shall contain the consent in YTLflfl$US
Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited
Immediately before the commencement of the poll, the returning officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal, if he so desires.
Evérystreet vendor -or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English alphabetical order either printed, type written or cyclostyled, according to convenience, on the ballot paper. The ballot paper shall also bear the seal of the Town Vending Committee and also the initials of the returning officer, and further contain a column, for the voter to inscribe a mark [x] against the names of persons to whom he wants to vote.
Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the street vendors or voters can record their votes in secrecy.
No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper the street vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose favour he exerises his vote by inscribing a mark [x] against the names of the candidatç or candidates, as the case may be, and put the ballot paper in the ballot box kept for the purpose withutmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor or voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling, officer is appointed, the returning officer shall ascertain from him the candidate or candidates in whose favour he desirtd to vote, inscribe the mark [xl on his behalf and put the ballot paper in the ballot box.
If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such elections, it is not possible to take the poll for any sufficient cause, the returning officer shall have the power to stop the poling,, recording his reasons for such action in the minute book of the Town Vending Committee.
No street vendor or voter shall be admitted after the hours fixed for the poll but a voter, who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed to
vote. The counting of votes shall takeplace immediately after close of the poll. If this is not possible, the ballot box shall
be sealed with the seal of the returning officer and the contesting candidates or their agents, if they so desire, and deposit with the local authority for safe custody, the returning officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the returning officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcement of results by returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over.
The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by returning officer and shall also be notified immediately on the notice board of the Town Vending Committee.
1
.
I
['IN 11—&° 3(i)] 'IRf ap V5N 3tEflW1V'l 31
22. In case of equality of votes, the returning officer shall declare the election result by tossing coin.
23. The ballot paper shall be rejected by the returning officer if,-
it bears any mark by which the street vendors vote can be identified;
it does not bear the seal of the Town Vending Committee or the initials of the returning officer;
the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been cast;
is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
24. After the result of election has been announced, the result of the election and a report thereon shall be communicated to the local authority as well as to the Government by the returning officer within three days after the declaration of result.
25. After the declaration of the resilt of the election, the returning officer shall handover the ballot paper and records relating to the elections of the members of the Town Vending Committee to the local authority in a sealed cover and the same shall safely be preserved by the local authority till the next election results are available and shall thereafter be destroyed by the local authority and a copy of the handing over and taking over record of elections shall be sent to the Government as well as local authority by the returning officer along with his report.
THE SCHE%IJLE
Form-i
(paragraph S of Sehedu!e.)
NOMINATION FORM FOR ELECTION OF MEMBERS OF TOWN VENDING COMMITTEE
To
The Returning Officer,
Town Vending Committee
Sir,
I. ........................................ wife/son/daughter of ShrilSmt.IMs. .................................... street vendor vending in the area of jurisdiction of the Town Vending Committee, (Registration Certificate of Vending No. .................... ) hereby propose the name of Shri/Smt.fMs. .................................. wife/son/daughter of ShrilSmt.fMs. .............................. and a street vendor of the said Town Vending Committee (Registration/Certificate of Vending No. ............. ................... ) as a candidate for the post of Member of the said Committee for the election to be held on ..................................
Name and signature of the proposer ...........................
Registration/Certificate of Vending No...........................
..........wife/son/daughter of Shri/Smt.fMs. ..................................... Registration/Certificate of Vending No . ......................... of ........................Town Vending Committee, hereby second the above proposal.
Name and Signature of the Seconder .....................
Registration/Certificate of Vending No . ...................
DECLARATION BY THE CANDIDATE
.........wife/son/daughter of Shri/Smt./Ms. ................................. RegistrationlCertificatc of Vending No. of ...................... .Town Vending Committee, hereby agree to my nomination for the election as Member
of the ........................Town Vending Committee.
I further declare that-
32 THE GAZEITE OF INDIA : EXTRAORDINARY [PART lI—SEC. 3(i)]
1 am not an employee of the said Town Vending Committee;
I am eligible to vote;
I do not incur any disqualification for election as Member of the said Town Vending Committee under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7 of 2014) and the 'Union Territory of Andaman and Nicobar' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015 made thereunder.
Name and Signature of the Candidate ...................
Registration/Certificate of Vending No..........................
(FOR OFFICE USE ONLY)
Received the nomination form at ..........................a.mip.m. on t
Signature of the Returning Officer ......................... I VW
Seal
ACKNOWLEDGEMENT
Received the nomination form of .....................................presented by Shri/Smt./Ms candidate/propóierfseconder for election at ..........am/p.m. on ................
Signature of the Returning Officer ...............................
Seal
THE SCHEDULE
Form- 2
(paragraph 11 of Scbedule)
BALLOT PAPER FOR ELECTION OF MEMBER.OF A TOWN VENDING COMMITTEE
Ballot paper of elections of Members of a Town Vending Committee whose elections are to be conducted under Schedule I appended to rul.e 14 of the 'Union Territory of Andaman and Nicobar' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015.
The..........................................
Town Vending Committee
.....(Address)
(Counterfoil)
Ballot paper for the Post of ............................
Date of Election..............................................
51. No . ................................................
Certificate of Vending No....................................................
Please mark [xl against one of the candidate
['ipi Ii—iv 3(i)] 'imi 3m1%mUI 33
/ SI. No. Name of candidate Certificate of Vending No.
J Mark of casting vote
Id
THE SCHEDULE
Form- 3
NOMINATION OF ELECTION AGENT/ COUNTING AGENT
(Paragraph 12 of Schedule)
son/wife /daughter of Shri/Smt./Ms . ........................................ street vendor vending in the area ofjurisdiction of the Town Vending Committee, (Certificate of Vending No. ..................... ) contesting for election of Member of the said Connnittee, hereby nominate the following person as my election agent/counting agent in the election of Members of the said Town Vending Committee to be held on ............................ (specify the date):-
Name and Signature of the Candidate
Certificate of Vending No . ............................
I. ....................................... .son/wife/daughter of Shri/Smt./Ms..... ............................................ address
............... . am willing to be the election agent/counting agent.
Name and Signature of the Agent ..................
FORM'A'
fSee rule 71
. APPLICATION TO THE GRIEVANCE REDRES5AL AND DISPUTE RESOLUTION COMMITTEE FOR THE REDRESSAL OF GRIEVANCE OR RESOLUTION OF DISPUTE OF STREET VENDORS
I. Name and address of the applicant
2. Registration number/ case number/ID number
- 3. Place of vending - (give full details of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) -
1 stationary (a)
(b)
mobile . (c) 1 any other category (if other, please speci' the category)
33
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART Il—SEC. 3(i)j
Date of issue of certificate of vending (attach a copy of certificate of vending, if issued)
Grounds of redressal of grievance or resolution of dispute (give full details and attach more pages, if required)
Signature of applicant ....................
DECLARATION
I. ................ ....................... the applicant, do hereby solemnly declare that what is stated above is true to the .best of my intbrmation and belief.
Place:
Date:
Signature of applicant ...............................
Note.- Please attach all the relevant documents along with the application.
FORM B'
ISee rule 91 APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF TI4E GRIEVANCE REDRESSAL
AND DISPUTE RESOLUTION COMMITFEFf
I. Name and address of the appellant
Registration number/ case number! ID number
Place of vending-
(give fill details of location, zone ward, etc.)
Nature of vending (Tick the appropriate) -
stationary
mobile
any other category (if other, please speci' the category)
5. Decision of the Committee
(attach the copy of the decision of the Dispute Redressal Committee, giving-
the number of decisions; and
the date of the decisions.)
6. Grounds of appeal (give 11111 details and attach more pages, if required)
DECLARATION
(a)
(b)H___ (c)
Signature of appellant ....................
I. ...................................... .the appellant, do hereby solemnly declare that what is stated above is true to the best. of my information and belief. .
Place:
Date:
Signature of appellant . ..............................
Note.- Please attach all the relevant documents along with the application.
ri
n—=~
H
(c)
[Wr II—wa 3(1)] lvifq 35
FORM'C'
[See rule 101 APPEAL TO THE LOCAL AUTHORITY AGAENST THE DECISION OF TEE TOWN VENDING
COMMITTEE Name and address of the appellant
Registration number/ case number/ID number
Place of vending -
(give fill details of location, zone ward, etc.)
Nature of vending (Tick the appropriate) -
stationary
mobile
any other category (if other, please speci' the category)
Date of issue of• certificate of vending (attach a copy of certi ficate of vending, if issued)
('flnt tn
(a) issuance of certi ficate of vending;
(b) cancellation of certificate of vending; or
(c) suspension of certificate of vending.
Grounds of appeal (give fill details and a ttach more pages, if required)
1 2
&
'-4
1;
7, Signature of appellant ....................
DECLARATION
the appellant, do hereby solemnly declare that what is stated abdve is true to the best of my information and belief.
Place:
Date:
Signature of appellant Note.- Please attach all the relevant documents aiong withthe application.
FORM'D' [See rule 251
RETURN TO BE FURNISHED BY THE TOWN VENDING COMMITTEE [I] Survey-
the number of street vendors surveyed during the year;
name of area and wards where survey work has been completed along with date of completion of survey;
nameof area and wards where survey, work is in progress along with the date of start of survey and the date of likely completion;
the number of registered 'I-,
36 THE GAZETTE OF INDIA EXTRAORDthARY [PART 11—SEC.
street vendors ward wise as on the last day of the year;
[II] Receipt and dispoñl of applications for isue of certificate of vending-
the number I of applications (ward wise) received for issu9 of certificate of vepding during the year;
the number: of applications (ward wise) disposed of during the year of which-
(i) the number, of applications accepted;
(H) the nu mberl of applications denied;
(Hi) the number of applications pending as on the last day of the year; p
[III] Cases of suspension of certificate of vending-
the number of case in which action for suspenion of certificate of vending initiated during the year;
the number of cases of suspension disposed of during the year of which-
(i) the number of certificate of vending were suspended;
(H) the number of cases• closed . and the certificate, of vending continued;
(Hi) the number of cases pending as on the last day of the year;
[IV] Applications for revocation of suspension of certificate of vending
the number of applications . for the revocation of suspension of certifióate of vending received during the year;
the number of applications received at (a) above disposed of during the year of whfch-
1'
Li
•0
A
fl
['ml H—v 3ff] - MRiflT TPM ammlgul 37
(I) the number of applications where suspension revoked and the certificate of vending revalidated;
(ii) the number of cases closed and suspension continued;
(c) the number of applications for revocation of suspension pending as on the last date of the year;
[VJ Cases of cancellation of certificate of vending-
(a) the number of cases in which action for cancellation of certificate of vending initiated during the year;
(b) the number of cases of cancellation of certifidate of vending disposed of during the year of which-
the number of certificates of vending cancelled;
the number of cases closed and certificate ëontinued;
(c) the number of cases pending on the last day of the year;
[Vi] . The number of meetings of Town Vending Committee held during the year;
[VIII Ward wise list of vending zones identified along with the details such as ward, area/colony, road, map of the vending zone, and the holding capacity;
[VIII] . Ward wise number of :
registered street vendors that . have been accommodated in the notified vending zones;
[IX} . Other activities-
(1) (a) the social audit of its activities conducted during the year;
(b) promotional measures
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART lI—SEC. 3(i)]
• taken, for making available credit, insurance and other welfare schemes of social security of the Street
• vendors during the year;
(c) steps taken during the year to raise awareness among the public about the role of street vendors in the economy:
(2) The Government or the local authority, as the case may be, may require a Town Vending Committee to furnish such other return or returns in such proforma as demanded from time to time.
[F. No. N-11028/3/2011-TJSD]
B. K. AGARWAL, Jt. Secy.
.1
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-il 0064 and Published by the Controller of Publications, Delhi-I 10054.
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PUBLISHED BY AUTHORITY
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/ MINISTRY OF HOUSING AND URBAN POVERTY ALLEVIATION -
NOTIFICATION
New Delhi, the 27th July, 2015
G.S.R. 585(E).—ln exercise of the powers conferred by Section 36 read with sub-clause (i) of clause (a) of sub-section (I) of Section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,
2014(7 of 2014), the Central Government, hereby makes the following rules for the Union Territory of Daman and Diu namely:-
CHAPTER I
PRELIMINARY
Short title and commencement.- (I) These rules may be called the 'Union Territory of Daman and Diu' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions.- (1) In these rules, unless the context otherwise requires, -
"Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 20 14);
"Bye-laws" mean the bye-laws made under section 37 of the Act;
(d) "Form" means a form appended to these rulS;- - "Government" means the Administrator of the Union Territory;
"Grievance redressal and dispute resolution committee" means a committee constituted by the Government under sub-section (1) of section 20 of the Act for the redressal of grievances or resolution of disputes; -
(1) "local authority" means the local authority as defined under clause (c) of sub-section (1) of section 2 of the Act;
c "Municipal Commissioner" means the Commissioner of a Municipal Corporation or Chief Officer of
a Municipal Council and includes the Vice Chairman of the Union Territory Development Authority, if any; or as the case may be, the Chief Executive Officer of the Cantonment Board ;
"rule" means rules made under section 36 of the Act;
"Schedule" means a schedule appended to these rules or the Act, as the case may be;
U) "scheme" means a scheme framed by the Central Government under section 38;
(k) section" means a section of the Act;
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
I [niil— 3(i)] '1R 51 RW : . 23
CHAPTER II
REGULATION OF STREET VENDING
3. Prescription of age for issue or certificate of vending.- A street vendor who has completed the age of fourteen years shall be issued a certificate of vending in the manner provided under section 4.
CHAPTER III
DISPUTE REDRESSAL MECHANISM 4. Constitution of Grievance redressal and dispute resolution committees.. (I) There shall be a Grievance
redressal and dispute resolution committee for each local authority, constituted by the Government under sub- section (I) of section 20 of the Act, comprising of a Chairperson, who has been a civil judge or a judicial magistrate and two other professionals as members.
0 (2) The Chairperson and members of a Grievance redressal and dispute resolution committee shall be appointed by the Government, for a period of five years:
Provided that no Chairperson shall hold office as such after he has attained the age of sixty-seven years.
5. Qualifications and experience for appointment as member in a Grievance redressal and dispute resolution committee.- A person shall be qualified to be appointed as a professional member in a Grievance redressal and dispute resolution committee, if he,-
is above thirty five years but is not more than sixty five years of age; and
possesses a Bachelo?s degree from a recognised University: and
is a person of ability, integrity and standing and has adequate knowledge or experience of, at least, ten years in social work or in dealing with the problems relating to street vendors or of public affairs or of municipal or public administration;
6. Salaries and other allowances and terms and conditions of Chairperson and member of Grievance redressal and dispute resolution committee.- (I) The Chairperson and members of the Grievance redressal and dispute resolution committee shall receive salary, allowances and other perquisites as may be notified by the Government from time to time
(2) The Government may remove from the office, the Chairperson and members of a Grievance redressal and dispute resolution committee if he,-
has been adjudged an insolvent; or
has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or
has become physically or mentally incapable of action as such Chairperson or member, as the case may be;or
has acquired such financial other interests as is likely to affect prejudicially his functions as the chairperson or a member, as the case may be; or
has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that the Chairperson or member shall not be removed from his office on the grounds specified in clauses (d) and (e) of sub-rule (2) except on an inquiry held by the Government in accordance with such procedure as it may speci& in this behalf.
(3) The terms and conditions of the service of the Chairperson and members of the Grievance redressal and dispute resolution committee shall not be varied to their disadvantage during their tenure of office.
7. Form and manner of making application to Grievance redressal and dispute resolution committee.- (I) Every application for redressal of a grievance or resolution of a dispute under sub-section (2) of section 20 of the Act shall be in Form W.
The application shall be signed by the applicant and presented by him in person or through his authorised representative to the Grievance redressal and dispute resolution committee or such other person as may be authorised - by the committee in this behalf.
The application shall be filed in three sets and shall be accompanied by a fee of rupees one hundred.
The application shall be accompanied by a copy of the order or notice, if any, against which the application is made and other relevant documents.
24 THE GAZE1TE OF INDIA : EXTRAORDINARY [PART Il—SEC. 3(i)]
(5) Such application shall be filed by the street vendor within thirty days from the date of occurrence of any incident
causing the grievance or dispute:
Provided that the Grievance redressal and dispute resolution committee may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
8. Manner of verification of application and enquiry.- (I) Every application for grievance redressal, on receipt, shall be entered and numbered in seriatum by the person authorised in this behalf by the Grievance redressal and dispute resolution committee in a register to be kept for this purpose.
The person authorised in this behalf by the Grievance redressal and dispute resolution committee, after making an entry in the register shall put up the application before the committee.
The Grievance redressal and dispute resolution committee shall fix a date for hearing of the application, which shall not be later than fifteen days from the date of filing of the application, and shall issue notice of the hearing to the parties
or shall cause a notice to be issued.
The Grievance redressal and dispute resolution committee while issuing a notice under sub-rule (2) shall call upon the respondent to submit a written statement and the notice shall contain a statement to this effect.
On the date so fixed for the appearance of the parties, the Grievance redressal and dispute resolution committee may call upon the applicant to remedy the defects, if any, or may call upon the parties to furnish relevant records or such other documents or evidence as it may deem fit and proper within such period as may be specified by it.
The Grievance redressal and dispute resolution committee may also order for a field enquiry in connectiorf with the contentions made by the applicant and respondent and also with reference to the records submitted before it.
The Grievance redressal and dispute resolution committee, after hearing both the parties and examining the record of the case shall decide the application and pass such orders as it may deem fit and proper within sixty days from the date of presentation of the application:
Provided that during the hearing of the case if the Committee is satisfied that a situation exists which warrants that an interim relief should be provided, the Committee may, until the conclusion of such case or until further orders, pass such interim orders as it deems necessary. -
The Grievance redressal and dispute resolution committee may also explore the possibility of a settlement between the parties and in case the parties arrive at a settlement, the committee shall record the settlement, which shall be signed by the parties or the authorised representatives or officers and shall dispose of the application in terms of such
settlement.
The Grievance redressal and dispute resolution committee shall not entertain an application where,-
the application is anonymous Qr it contains general and vague allegations;
the matter is sub-judice in any court of law, tribunal or a judicial or quasi-judicial authority;
the matter is beyond the purview of the Act;
the applicant has no locus standi to file the application.
CHAPTER IV
APPEALS
9. Appeal against order or decision of rievance redressal and dispute resolution committee.- (I) An
appeal against an order or decision of a Grievance redressal and dispute resolution committee may be preferred by an aggrieved person, in Form 'B', to the appellate authority constituted by the concerned local authority, comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, within thirty days from the date of communication of such order or decision appealed against:
Provided that the appellate authority may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
The appeal shall be in the form of a memorandum and shall be signed bythe appelant and presented by him in person or through his authorised representative to the concerned local authority.
The memàrfrdum of appeal shall be accompanied by original order or certified copy of the order, if any, against
which appeal is preferred. -
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.
No such appeal shall be entertained unless a copy thereof has been served upon the respondent or respondents, as the case may be, and proof of such service has been filed. -
/
LI
N'
[ITM H_U 3(j)] cmi W 25
(6) No appeal shall be entertained where the order has been passed by the Grievance redressal and dispute resolution Committee in terms of the settlement arrived between the parties.
10. Appeal from decision of Town Vending Committee.- (1) An appeal under section II against any decision of a Town Vending Committee with respect to issue of certificate of vending or cancelation or suspension of certificate of vending shall be preferred before the appellate authority constituted by the concerned local authority comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, in Form 'C' within thirty days from the date of communication of the order appealed against:
Provided that the appellate• authority may condone the delay in case it is satisfied that appellant was prevented by sufficierit cause from preferring the appeal within the prescribed time:
Provided further that in the absence of Chairperson any one of the members designated by the Chairperson may chair the meeting of the appellate authority.
The appeal shall be in the form of a memorandum in Form 'C' and shall be signed by the appellant and presented by him in person or through his authorised representative, either in English, Hindi or the local language, as preferred by the appellant.
The memorandum of appeal shall be accompanied by the original or certified copy of the order against which appeal is preferred.
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.
No appeal shall be entdtained unless a copy thereof has been served upon the Town Vending Committee which had • made the order appealed against, prior to filing of such appeal and proof of such service has been filed along with the
appeal.
11. Procedure for disposal of appeals by thlocal authority.- (I) The officer or the person authorised in this behalf by the concerned local authority shall make an entry of the appeal in the register kept for the purpose by the concerned local authority with the date on which it was presented. -
The appeal shall be put up before the Appellate Authority constituted by the concerned local authority which shall fix a date for hearing of the appeal, which shall not be later than fifteen days from the date of filing of the application, and shall cause a notice of the hearing to be served upon the parties.
The appellate authority shall on the basis of submissions made before it by the parties and the records of the case and on the basis of field enquiry, if any, ordered to be conducted by the appellate authority, pass such order, as it thinks fit, with reasons to be recorded in writing, confirming, modifying or annulling the order appealed against within sixty days from the date of receipt of the appeal by the local authority:
Provided that during the hearing of the case, if the appellate authority is satisfied that a situation exists which warrants that an interim relief should be provided, the appellate authority may, until the conclusion of such case or until further orders, pass such interim orders as it deems necessary.
CHAPTER V
TOWN VENDING COMMITTEE
12. Constitution of Town Vending Committee.- (1) In each local authority one Town Vending Committee shall be constituted by the Government:
Provided that the Government, if it considers necessary, on the request of the concerned local authority may provide for constitution of more than one Town Vending Committee for each local authority after specifying their jurisdiction.
(2) The constitution of a Town Vending Committee shall be as follows, namely:-
SI. No. Government Department and other Bodies No. of members
(a) Government Department -
Chairperson (Municipal Commissioner or 01 Chief Executive Officer)
Representative of Police (preferably from 01 the Traffic Division)
(b) Other Bodies -
3243 G1115-4
• THE GAZETTE OF INDIA : EXTRAORDINARY [PART Il—SEC. 3(i)]
Streefvendórs (one-third of whom shall be women•• 04
- vendors, with due representation of the Scheduled Castes,
Scheduled Tribes, Other Backward Classes, minorities
and persons with disabilities)
Non-government organisations and community based Dl
Organisations
Resident Welfare Associations - 02
Representative of State Level Bankers Committee - 01
Total 10
(3) The members of the Town Vending Committee other than the elected members shall be nominated by the GoVernthënt
Provided that nomination of Govemment members shall be preferred from amongst persons who are dealing with street vendors or related activities: -
Pr8vided tarther that nomination of members representing non-governental organisations or community badotganistians or resident welfare associatibns shall be carried out on the basis Of such criteria as may be laid down by the Government, after inviting applications, as such, by publishing the same in at least two local newspapers or publicising in any other mahner. -- - -
Election of members of Town VendingCommittee from amongst street vendors.-(1) The local authority shall by a notification express its intention to conduct elections for the membeS of a T&wn Vending Committee representing the streetvendors of the area under the jurisdiction of the concerned localauthority.
(2)Thecoñcomed local authotity shall appoint a returiiing officer for conducting the election under itsjurisdiction.
14. Manner of election of members of Town Vending Committee from amongst street vendors.- (I) The returning officer appointed Under sub-rule (2) of rule 13 shall, èonduct the elections in the manner provided under the Schedule appended to these rules.
A street vendor shall be disqualified to be elected to a Town Vending Committee if, he is,-
(i) a convict-of an offence involving moral itude;
(iiiijihyicàlly and, Or, mentally incapable of discharging his duties as a membet of a Town Vending / Committee.
The names of the elected members shall be intimated by each local authority to the Government which shall upon receipt of such names along with other members nominated by it notilS' the constitution of the Town Vending Committee in each local authority.
15. Term of members of Town Vending Committee.-(-l) The term .of the members of the Town Vending Committee, other than the Government officials who shall be members in ex-officio capacity, shall be five years from the date of their election or nomination, as the case may be
(2) The process of electing or nominating, as the case may be, of the members shall be completed before the expiry of their term.
16. Removal of-a member of Town Vending Committee.- Any member of a Town Vending Committee may be removed by the Govenimeñt froth the committee, if he,
persistently makes defaults in the performance of his duties imposed on him under the Act and these rules or exceeds or abuses its powers; • - - . -
remains absent for three consecutive meetings of the Committee without the permission of the Chairperson;
is convicted of any criminal case by any court of law:
Provided that such member shall be given a reasonable opportunity of belig heard before his removal.
17. Method of filling vacant post.- (I) Where any vacancy occurs in a Town Vending Comthittee due to resignation, death, removal or otherwise of any member, other than a street vendor, the same procedure as specified in nile 12 shall be followed to fill up such vacancy and the member so nominated shall continue to be a member for the remaining period of teçm ofthat member in whose place he has been nominated.
[c111 11— 3(i)] qrfa W flW : 3MIUM - 27
0
-'I
(2) Where any vacancy occurs in a Town Vending Committee due to resignation, death, yemoval or otherwise of any member who is a street vendor, the local authority shall fill up that vacancy based on the election results condutted, as per rule 14 and the member so elected shall continue to be a member for the remaining period of term of thatinember in whose place he has been elected.
18. Allowances to members of Town Vending Committee.- The allowances payable to the members of a Town Vending Committee, who do not hold any office of profit, shall be at the rate of rupees one thousand only for attending each meeting of the Town Vending Committee, or as may be fixed by the concerned local autMu ity from time to time.
19. Meetings of Town Vending Committee.- (I) A Town Vending Committee shall-c.rdinarily hold at least one meeting within a period of three months or at any such intervals as the Chairperson of the Town VendingCommittee may decide for the transaction of its business:
Provided that the first meeting of a Town Vending Committee shall be convened by the Chairperson within forty five days of its constitution:
Provided further that a requisition meeting may be called by the Chairperson on a specihc7 issue on the t4st of not less than one-third of the members of the Committee, and the meeting shall be convened within seventy-two hours after receiving the request so made.
The meetings of a Town Vending Committee shall be held at the headquarters of the local authority or at such place within the jurisdiction of the local authority as may be decided by the Chairperson.
A notice shall be issued before seven days of a scheduled meeting to all the members of the Tog'n Vending Committee, along-with the agenda of the meeting.
The quorum for the meeting shall be two-third members of the total strength of the Town Vending Committee.
No meeting shall be held in the absence of the 4uorum and where there is no quorum, the meeting shall be
adjourned. -
20. Procedure for transaction of business of Town Vending Committee.- (1) The Town Vending .Cdmmittee may follow such procedure for transaction of its business as may be decided by the Chairperson in consultationwith the members.
H
Subject to the provisions of the Act and these rules and notwithstanding anything contained in the bye-laks, the resolution passed in a meeting of a Town Vending Committee shall be by not less than two-thirds of the members present and voting in the meeting.
The Chairperson shall ensure that the minutes of each meeting are recoroed which shall be signed by hini, circulated amongst the members and published on its website, if available, within one month of the meeting of the-Committee
21. Functions of Town Vending Committee.- Without prejudice to any other provisions of the Act ; -a Town
Vending Committee shall perform the following functions, namely:- - - -
to conduct surveys within the area of its jurisdiction to identify street vendors in the area and-ensure their accommodation in accordance with the norms, plan and the holding capacity within the area of its jurisdiction;' -
to issue certificate of vending to an eligible street vendor after obtaining an undertaking from him to comp1y with the terms and conditions subject to which the certificate of vending is issued for issue of certificate of vending, the Town Vending Committee shall follow the criteria as specified in the scheme framed under sub-section (I) of section
38oftheAct; - to cancel or suspend certificate of vending of street vendors who commit breach of any of the conditiohs thFrcof or
any other terms and conditions specified for regulating street vending under the Act or these rules or scheme made under the Act or where the Town Vending Committee is satisfied that such certificate of vending has been ecured by the street vendor through misrepresentation or fraud:
Provided that any order for cancellation or suspension of a certificate of vending by the 16n VendinjCornniittee shall speci' the reasons for such cancellation or suspension in the written order communicated to the vendoq
to recommend to the local authority an area in its jurisdiction for declaration of the same to be a non-vending area;
to identif' sites and spaces for vending;
(1) to regulate timings for vending toensure non-congestion of public spaces;
to cnsifre enforcement of corrective mechanism against defiance by street vendors
w follow up cass of dispute pending before the dispute redressal committee,and the lqcal authority; -
28 THE GAZETFE OF INDIA EXTRAORDINARY [PART Il—SEC. 3(i)]
(i) to furnish recommendations to the local authority in relation to the preparation of plan to promote the vocation of street vendors;
U)tohold its meetings and take appropriate decisions to ensure efficient discharge of its functions;
(k) to tassociate tethnicàl and professional persons from the Government or other non-government organisations with itself'ontemporary'basis for obtaining assistance or advice in carrying out any of the provisions of the Act;
(I) topublish the street vendor's charter in at least one loca! language, 1-liridi and English newspapers of repute and dispIayedr.in ttheoffice6fJown Vending Committee and other offices of the Urban Local Bodies as required, speci'ing thereinthetime within which the certificate of vending shall be issued to the street vendors and time within which such c6rtificateôfvending shall be renewed and other activities to be performed within the time limit specified therein;
to maintain up to date records of regigtered street vendors and street vendors to whom certificate of vending has been issued in accordance with the provisions of the Act and publish on the website, if available;
to carry out social audit of its activities under the Act or these rules or the scheme made thereunder;
to finnish from time to time to the Government and the local authority such returns as prescribed under the Act and these rules;
(p)to furnish comments to the Government for undertaking promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors;
to assist the Government to raise awareness among the public about the role of the street vendors in the economy; and
to perform such other fimctions for effective implementation of the Act and these rules as may be delegated to the Town Vending Committee by the local authority and by the Government.
22. Power of Town Vending Committee for temporary association of expert persons.-(l) Subject to the provisions of the Act, a Town Vending Committee may associate any suitable person of repute having adequate knowledge and experience in the field, as expert to obtain technical or professional advice on matters relating to the Street vendors.
The person to be associated as expert under sub-rule (I) shall be selected in a fair and transparent manner and by following the procedure for engagement of consultants and expertsas technical or professional experts in Government Departments.
The person associated as expert under sub-rule (I) shall be paid allowances as determined by the local authority.
The person associated as expert under sub-rule (I) may take part in the meetings of the Town Vending Committee, but such persons shall not have a right to vote in the meetings.
23. Employees of Town Vending Committee - The local authority concerned shall, when so requested by a Town Vending Committee, make available to that Committee such employees as the local authority considers necessary for discharge of the functions conferred or imposed on the Committee under rule 21 of these rules.
CHAPTER VI
MISCELLANEOUS
24. Manner of maintenance of records of street vendors..by Town Vending Committee.- Every Town Vending Committee shall maintain up to date records asspecif'ed in thescheme under sub-section (2) of section 26 of the Actin electronic form or manually or in both forms, as may be decided byihe local authority.
25. Town Vending Committee to furnish returns.- (I) Every Town Vending committee shall prepare and furnish to the Government and local authority periodical returns for each year with details as required in Form 'D'.
(2) The Government or the local authority, as the casemay be, may require a Town Vending Committee to finnish such other return or returns in such proforma as demanded from time to time.
26. Publication of summary of notified schemein newspapers, etc.- (I) A summary of the scheme notified by the Government in the second schedule under sub-section (1) of section 38 of the Act shall be published by the local authority by means of a publicnotice given in two prominent daily newspapers and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected thereby,ithin seven daysfrom the date the scheme is notified by the Government.
(2) The notice shall be signed by the Municipal Commissioner or the.ChiefiExecutivo Officer of the local authority, as the case may be, or, by an officer authorised by him in this behalf.
4,
['PITT I1—i 3(1)] %1gI W 1TtTW affiItIR'P 29
(3) The notice shall be in such language or languages as the Municipal Commissioner or the Chief Executive Officer of the local authority, as the case may be, may speci' in this behalf.
SCHEDULE
(See rule 141
PROCEDURE FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF A TOWN VENDING COMMITTEE REPRESENTING THE STREET VENDORS IN THE AREA OF THE JURISDICTION
THEREOF
I. The local authority concerned shall supervise, direct and control the conduct of electiot)s of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.
2. As soon as the notification expressing the intention of the local authority to conduct elections for members of a Town Vending Committee representing the street vendors has been issued under sub-rule (I) of rule 13 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that rule, the local authority shall by a resolution determine the date, time and place for conduct of elections.
3. The notice of the resolution or decision of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following
modes, namely:- (a) by public notice to be published in two prominent daily newspapers in Hindi, English or such other language as the
local authority thinks fit;
• (b) by local delivery;
by post under certificate of posting; by speed post or courier services, duly registered with competent authority as well as on the notice board of the
returning officer and such notice shall contain information regarding-
(I) the number of members to be elected including seats reserved for representatives of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified
categories; the date on which, the place at which and the hours between which nomination papers shall be filed, such date
being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the
next succeeding day which is not a public holiday;
Explanation.- the term "public holiday" means any day which is a public holiday under section 2&.of the Negotiable Instruments Act, 1881 [Central Act XXVI of 1881] or any day which has been notified by the Government to be a
public holiday for offices under the Government;
the date and the hour for scrutinisation of the nomination papers;
• (iv) the date, place, hours of polling.
4. The local authority shall prep)are a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending dommittee as it stood on thirty days before the date fixed for inviting the nominations, and publish copies of the"said list by affixing them upon the notice board at the office of the Town Vending Committee, not less than ten da''s prior to the date fixed for inviting nominations. The list shall speci1' the registration number or number of certificate of vending and the name of the street vendor, the name of the father or husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the returning officer may require and hand over such records, register or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copyof the list shall be supplied by the Town Vending Committee or the
local authority, or returning officer, as the case may be, to any street vendor on payment of such fee as specified by the
local authority. - 5. The nominations of the candidates for election shall be made in Form-I annexed to this Schedule which shall be
supplied by the returning officer to any street vendor, free of cost.
The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be
forfeited to the local authority. Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the
returning officer. The returning officer shall enter on the nomination paper its serial number and certitS' the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt
30 THE GAZETTE OF INDIA: EXTRAORDINARY [PART Il—SEC. 3(i)j
of the nomination paper which shall bear the seal of the Town Vending Committee or returning officer. Any nomination paper which is not received on or before the date and time fixed for its ieceipt shail be rejected.
8. (i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the scrutiny of the nomination papers;
The returning officer shall examine the nomination papers and decide objections, which may be made by any person in respect of any nomination and may, either on such objection, or on his own motion and after such summary inquiry, if any, as the returning officei thinks necessary, reject any nomination: -
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the hame of his proposer or seconder, or any other particulars relating to the candidate or his proposer or seconder, as entered in the list of street vendors referred to in paragraph 4 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonablç doubt.
the returning officer shall give all reasonable facilities to the contesting candidates or the proposer or seconder as the case may be, to examine all the nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid;
the returning officer shall endorse on each nominatiOfl paper his-decision accepting or rejecting the same as the case may be, and if the nomination paper is rejected, he shall reàord in writing a brief statement of his reasons for such '4
rejection;
the returning officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riots or affray or by causes beyond his control;
9. The list of valid nominations as decided by the returning officer with names in English alphabetical order and addresses of the candidates as given in the nomination papers will be displayed or published on the same day on which the scrutiny of the nomination papers is completed.
10. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pm onthe day following the day on which the valid n9minations are published, to the returning officer of the Town Vending Committee and a notice of withdrawal of candidates once given shall be irrevocable.
11. If the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed under paragraph 10 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be as prescribed in Forrn-2 annexed to this Schedule.
12. The local authority shall provide the returning office with ballot boxes, ballot papers copy of list of street vendors or voters and such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer appoint an agent to represent him both where polling is held to identify the voters and to watch the recording of vots and such letter shall contain the consent in writing of the agentconcerned in Form-3 annexed to this Schedule.
13. Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.
14. Immediately before the commencement of the poll, the returning officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal, if he so desires.
15. Every street vendor or voter whodesiresto exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English alphabetical order either printed, type written or cyclostyled, according to convenience, on the ballot paper. The ballot paper shall also bear the seal of the Town Vending Cothmittee and also the initials of the returning officer, and further contain a column, for the voter to inscribe a mark [x] against the names of persons to whom he wants to vote.
16. Each polling station and where there is more than one . polling booth at a station, each such booth shall contain a separate compartment in which the street vendors or voters can record their votes in secrecy. 17. No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfieçj-that4he street vendor or voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper the street vendor or voter shall proceed to the polling compartment set apart for the purpose and indic'ata te j,erson or persons in whose favour he exercises his vote by inscribing a mark [x] against the names of the cndidad or'carldidates, as the
tc,n r
[cm 1lw 3(i)] n 31
case may be, and Out the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor or voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling officer is appointed, the returning officer shall ascertain from him the candidate or candidates in whose favour he desired to vote, inscribe the mark [x] on his behalf and put the ballot paper
in the ballot box.
18. If at any stage o the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such ejections, it is not possible to take the poll for any sufficient cause, the returning officer shall have the power to stop the poling, recording his reasons for such action in the minute book of the Town Vending Committee.
19. No street vendor or voter shall be admitted after the hours fixed for the pci1 but a voter, who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed to
vote.
20. The counting of votes shall take place immediately after close of the poi1. If this is not possible, the ballot box shall
be sealed with the seal of the returning officer and the contesting candidates or their agents, if they so desire, and
depositwith the local authority for safe custody, the returning officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the returning officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcement of resultby returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over.
21. The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by returning officer and shall also be notified immediately on the notice board of the Town Vending Committee.
22. In case of equality of votes, the returning officer shall declare the election result by tossing coin.
23. The ballot paper shall be rejected by the returning officer it-
it bears any mark by which the street vendor's vote can be identified;
it does not bear the seal of the Town Vending Committee or the initials of the returning officer;
the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been cast;
is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. -
24. After the result of election has been announced, the result of the election and a report thereon shall be communicated to the local authority as well as to the Government by the returning officer within three days after the
declaration of result. 25. After the declaration of the result of the election, the returning officer shall handover the ballot paper and records relating to the ejections of the members of the Town Vending Committee to the local authority in a sealed cover and
• the same shall safely be preserved by the local authority till the next election results are available and shall thereafter be destroyed by the local authority and a copy of the handing over and taking over record of elections shall be sent to the Government as well as local authority by the returning officer along with his report.
SCHEDULE
Form-I
(paragraph 5 of Schedule)
NOMINATION FORM FOR ELECTION OF MEMBERS OF.TOWN VENDING COMMITTEE
To
The Returning Officer,
Town Vending Committee
Sir,
1 1 :-.................................wife/son/daughter of Shri/Smt.fMs. .................................... street vendor vending in the area
of jurisdiction of the Town Vending Committee, (Registration Certificate of Vending No. .................... ) hereby propose the name of ShrilSmt./Ms. .................................. wife/son/daughter of Shri/Stht./Ms. .............................. and a street vendor of the said Town Vending Committee (Registration/Certificate of Vending No. ................................ ) as a candidate for the post of Member of the said Committee for the election to be held on ..................................
32 THE GAZETFE OF INDIA EXTRAORDINARY [PART il—SEC. 3(i)]
Name and signature of the prtposer . ..........................
Registration/Certificate of Vending No...........................
.................., wife/son/daughter of Shri/Smt./Ms . ..................................... Registration/Certificate of Vending No . ......................... of ............. ........... Town Vending Comm ittee, hereby second :the above proposal. -
Name and Signature of the Seconder ......................
Registration/Certificate of Vending No............................
DECLARATION-BY THE CANDIDATE
..................wife/son/daughter of Shri/SmtJMs. ................................. Registration/Certiticate of Vending No.
...of .......................Town Vending Committee, hereby agree to my nomintiOn for the election as Member of the ........................Town Vending Committee. 1 -
I further declare that-
I am not an employee of thé'said Town Vending Committee;
I am eligible to vote; -
I do not incur any disqualification for election as Member of the said Town Vending Committeeunder the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7 of 2014) and the 'Union Territory of Daman and Diu' Street Vendors (Protectioh of Livelihood and Regulation of Street Vending) Rules, 2015 made thereuüder.
Name and Signatureot-the Candidate ..................
Registration/Certificate of Vending No..........................
Received the nomination form at
(FOR OFFICE USE ONLY)
am/p.m. on ....................................
Signature of the Returning Officer S Seal
ACKNOWLEDGEMENT
Received: the nomination form of .....................................presented by Shh/Smt./Ms
1- candidate/proposer/seconder for election at ... ....... a.m./p.m. on ................
Signature of the Returning Officer .................
14
Seal
['IN fl—lug (O] 'IRa 1 ThIPTW SffiThlWI 33
THE SCHEDULE
Form- 2
(paragraph 11 of Schedule)
BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN VENDING COMMITTEE
Ballot paper of elections of Members of a Town Vending Committee whose elections are to be conducted under Schedule I appended to rule 14 of the 'Union Territory of Danan and Diu' Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015.
The..........................................
Town Vending Committee
................(Address)
(Counterfoil)
Ballot paper for the Post of ............................
Date of Election..............................................
.
SI. No.................................................
Certificate of Vending No................................
Please mark [x] against one of the candidate
[SI. No. Name of candidate Certificate of Vending No. Mark of casting vote
THE SCHEDULE
Form- 3
NOMINATION OF ELECTION AGENT/ COUNTING AGENT
(Paragraph 12 of Schedule)
I... ..................................... .son1wife /daughter of ShriJSnit./Ms. ........................................ street vendor vending in the V area of jurisdiction of the Town Vending Committee, (Certificate of Vending No. ..................... ) contesting for election
of Member of the said Committee, hereby nominate the following person as my election agent/counting agent in the election of Members of the said Town Vending Committee to be held on ............................(speci' the date):-
Name and Signature of the Candidate
Certificate of Vending No.............................
I. ....................................... .son/wife/daughter of ShrilSmt./Ms. ................................................ address ...................................................................................................am willing to be
the election agent/counting agent.
Name and Signature of the Agent .................
311134111S_ 5
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEc. 3(0]
FORM'A' 15cc rule 71
APPLICATION TO THE GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION COMMITTEE FOR THE REDRESSAL OF GRIEVANCE OR RESOLUTION OF DISPUTE OF STREET VENDORS
Name and address of the applicant
2. Registration number/ case number! ID number
3. Place of vending -
(give full details of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) -
stationary
mobile any othercategory (if other, please specify the category)
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issued)
6. Grounds of redressal of grievance or resolution of dispute (give full details and attach more pages, if required)
I
Signature of applicant ....................
DECLARATION
I........................................ the applicant, do hereby solemnly declare that what is stated above is true to the best of my informationand belief.
P lace:
Date: -. -
Signature of applicant
Note.-Please attach all the relevant documents along with the application.
FORM'B'
[See rule 9]
APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION COMMITTEE
I. Name and address of the appellant
2. Registration number/ case number! ID number
3. Place of vending -
(give full details of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) -
stationary
mobile any other category (if other, please specify the category)
5. Decision of the Committee (attach the copy of the decision of the Dispute Redressal Committee,, giving-
(a) the number of decisions; and
- (b) the date of the decisions.)
6. Grounds of appeal (give full details and attach more pages, if required)
4
Signature of appellant ....................
[WT H—1 3(i)] WI iT fl4 : 3T41%1R°I 35
DECLARATION
I. ....................................... the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date: Signature of appellant
Note.- Please attach all the relevant documents along with the application.
FORM'C'
ISee rule 101
APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE TOWN VENDING COMMITTEE
Name and address of the appellant
Registration number/ case number/ID number
--' 3. Place of vending -
(give full details of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) -
(a)stationary (a)
mobile (b)
any other category (if other, please specify the category) (c)
5. Date of issue of certitidate of vending (attach a copy of certificate of vending, if issued)
6. Nature of the order appealed against (Tick the appropriate) :
issuance of certificate of vending; (a)
cancellation of certificate of vending; or (b) El (C) suspension of certificate of vending. (c)
7. Grounds of appeal (give full details and attach more pages, if required)
Signature of appellant
DECLARATION
1 1. ....................................... the appellant, do hereby solemnly declare that what is stated above is true to the best
of my information and belief.
t Place:
Date: Signature of appellant
Note.- Please attach all the relevant documents along with the application.
3243 GI/15-6
36 THE OAZETE OF INDIA: EXTRAORDINARY (PART lI—SEC. 3(1)]
FORM 'D
ISnnaIe25j RETURN TO BE FURNISHED BY THE TOWN VENDING COMMITTEE
(I! •
Survey-
(a) the numbei of steit vendots surveyed during theyear;
(b)nmefareaandwirds where survey work has been completed along with date of completion of survey;
• name of area and wards • where surtey work is in • prowess along with the date • .
Qfnanofsurveydthe - •:
date of likely câmpletlon; . .
• the number of registered
.
• sfreet vendors ward wise as *
on the last day of the 'year;
Receipt and disposal of :.
• .applications for issue of • certificate of vending-
• ' the number of '
applications (ward wise) '
received for issue, of certificate . if - vending during the year; ' , •,,. .
the . number .. of •
, applications (ward wise) I • I .
disposed of during the year -
' of which. . .
(I) the number of applications accepted;, '.
• (ii) the number of applications denied;
• (iii) the number of . - .. .
• appllèatibns pending as: on the last day, of the
$
YM (HI] . , , Cases of suspension of •
certificate of vending-
-: (a) thenumber of cases in' •' :
which action for suspension of ccrtiflcate' of vending' initiated during the year; •'
(b)the nuthber of cases of -
• . . . suspenslon disposed . of ?--:- • • •
..duringthe:yearof which- • •,.- ....
•
'.• (l)thi numbSotâàIflbate • ••-.
of vondini \W!fl • . --•
• ': • • •
aus$Md; • -Y
-' •
(ii) the number of cases closed - and
• ... ..........-'
' '-'I -
: " "kr rto 'ii
ri
I:
-y
-I.
.
I'
I;
I
4
[%TTT lJ—wu 3(i)] !I T11fl 37
certificate of vending continued; --
(iii) the number of cases pending as on the last day of the year;
[IV] Applications for revocation of suspension of certificate of vending.
(a) the number of applications for the revocation of suspension of certificate of vending received during tht\year;
(b) the nun1bei', of applications received at (a above disposed of during the year of which-
the number of applications where suspension revoked and the certificate of vending revalidated;
the number of eases closed and suspension continued;
(c) the number of applications for revocation of suspension pending as on the !ast dite of the year;
[V] Cases of cancellation of certificate Of vending.
(a) the number of cases in which action for cancellation of certificate of vending Initiated during the year;
• (b)the number of cases of cancellation of certificate of
• vending disposed of during the year of which.
(I) the number of certificates of vending cancelled;
(ii) the number of cases closed and certIficate continued;
(c) the number of cases pending on the last day of theyear;
[VI] The number of meetings of Town Vending Committee •
held duringtheyear; •
Fr
/ 38 THE GAZETTE OF INDIA EXTRAORDINARY [PART Il—SEC. 30)]
Ward wise list of vending zones identified along with the details such as ward, area/colony, road, map of the vending zone, and the holding capacity;
Ward wise number of registered street vendors that have been accommodated in the notified vending zones;
Other activities-
(1) (a) the social audit of its activities conducted during theyear;
.promotional measures taken for making available credit, insurance and other welfare schemes of social security of the street vendors during the year;
steps taken during the year to raise awareness among the public about the role of street vendors in the economy.
(2) The Government or the local authority, as the case may be, may require a Town Vending Conimittee to furnish such other return or returns in such proforma as demanded from time to time.
jr. INC.
B. K. AGARWAL, R. Secy.
Printed by the Manager. Government of India Press, Ring Road, Mayapuri, New Delhi-Il 0064 and Published by the Controller of Publications, Delhi-I 10054.
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C.
MINISTRY OF HOUSING AND URBAN POVERTY ALLEVIATION
NOTIFICATION New Delhi, the 27th July, 2015
GSS,RI 586(4=Inr exercise of the powers conferred by Section 36 read with sub=clau!e (I) of clause (a) of sub=section (I) of Section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(7 of 2014), the Central Government, hereby makes the following rules for the Union TerritoryofChatldigarh,
namely:== CHAPTER I
PRELIMINARY
Short title and commencemdnt, (1) These rules may be called the 'Union Territory ofChandigath' Street Vendors (Protectioti of Livelihood.and Regulation of Street Vending) Rules, 2015:
(2) They shall come into force on the date of their publication in the Official Oaette
2 DefiaItions. (1) In these rules, unless the context otherwise requires,
"Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(7012014);
'iyo1aws" mean the bye=laws made under section 37 of the Act;
"Form" means a form appended to these rules;
"Government" means the Administrator of the Union Territory;
"Grievance redressal and dispute resolution committee" means a committee constituted by the Govemment under sub=section (I) of Section 20 of the Act for the redressal of griOvances or resolution of disputes;
(fl "local authority" means thelocal authority as defined under clause (c) of sub=section (1) of Section 2
of the Act; "Municipal Commissioner" means the Commissioner of a Municipal Corporation or Chief Officer of a Municipal Council and includes the Vice Chairman of the Union Territory Development Authority, if any; or as the case may be, the Chief ttxecutive Officer of the Cantonment Uoard
"rule" means rules made under section 36 of the Act;
(I) "Schedule" means a schedule appended to these rules or the Act, as the case may be;
0) "scheme" means it scheme framed by the Central Government under seótion38;
(k) "section" means a section of the Act;
(2) Words and epress1ons used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Actt
N II= 3W) I 23
CHAPTER II
REGULATION OF STREET VENDING J. Prencrlptlon of ARO for looue of certificate of vending.. A atreet vendor who han completed the age offbunoon
yearn ohall be innued a certificate of vending in the manner provided under noction 4,
CHAPTER III
DISPUTE REDRESSAL, MECHANISM 4. Conotltotign of Grievance redresnal and dlpute renolutlon commlftoeo,. (I) There shall be a Orlevoace
redrennal and dispute resolution committee fOr each local authority, conathutcd by the Government under sub. section (I) or Section 20 of the Act, comprising or a Chalrperoon, who has been a civil judge or a judicial magistrate and two other profeoslonnin no membern,
(2) The Chairperson and members of a Grievance redrenoni and dlnure resolution committee shall he appointed by the Government, fOr a period of five yearn:
ProvIded that no Chairperson Mmii hold ollice as ouch after he has attained the age of'sixtyneven yearn & QUfflilficatlons and nperience for appointment as member in a Grievance redrpual and dispute resolution
committee,. A person ohall he qualified to be appointed no a profeaslanal member in a Grievance rcdrgnsai and • dispute resolution committee, ifhe,
(I) is above thirty five years but is not more than sixty five years of age: and
(Ii) ponoossea a Dacheior'n degreo from a recognised University: and
(WI) is a person ofability. Integrity and standing and has adequate knowledge or eperlence of, at leant, ten yearn In social work or n dealing with the problems relating to street vendors or of public afThirn or of municipal or public ndminiotration;
6. Salarico and other allowances and terms and conditions of Chairperson and member of Grievance redrcsgnl and dispute resolution comniittve, (I) 11w ChaIrperson and members of the Grievance redressal and dispute resolution committee shall recelvi sniory, Allowfiriculi and other perquislte an may he notified by the Government from time to time
(2) The Government may remove from the office, ,ihc Chairperson and members of a Grievance redruosol nod dispute resolution committee if he,
has been adjudged an lnnoivent; or
has been convicted ofan offbIlep which, in the opinion of the Government, lnvolv@§ moral turpitude: or
(c)has become physically or 'nentaily incapable of action as Auch Chairperson or member, an the case may be; or
(d) has acquired ouch financial other interests an is likely to afThct prgjudicinlly his functions as the chairperson or a member, as the cane may be: or
(e)has no abused his position an to render his continunce In office Prudicial to the public interest:
Provided that the ChaIrperson or member shall not be removed from lila office on the grounds specified in clauses (d) and (e) of subrule (2). .eNcept on an inqufty held by the Government in accordance with such procedure an it may speciiy in this behalf,
(3) i'he terms and conditions of the service of the Chairperson and members of tlwOrievanee redressal and dispute resolution committee shall not be varied to their disadvantage during their tenure of office,
7. Form and manner of makinu application to Grievance redressal and dispute resolution eomvnitte4,. (I) Ivery application (Or redrossal of a grIevance or resolution of a dispute under subsection (2) of Section 20 of ilk Act shall be in Form 'A',
The application shall be signed by the applicant and presented by him in perstln or through bin authorised - representative to the Grievance redresnni and dispute resoluflon committee or such other person
US may be authorisod by the committee in thin behalf,
The application shall be filed in three sets and shall be accompanied by a fee of rupees one hundred,
The application shall be accompanied by a copy of the order or notice, if any, a.gainst which the application in made and other relevant documents,
24 THE GAZETTE OF INDIA EXTRAORDINARY (PART ii—Sc, 3(i)
Such application shall be filed by the street vendor within thIrty days from the date of occurrence of any incident causing the grievance or dispute:
Provided that the Grievance redressal and dispute resolution committee may condone the delay in case it Is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time,
8. Manner of verification of application and enquiry,- (I) Every application for grievance redrcssai, on receipt, shall be entered and numbered in seriatum by the person authorised In this behalf by the Grievance redressal and dispute resolution committee In a register to be kept for this purpose.
The person authorised in this behalf by the Grievance redressai and dispute resolution committee, after making an entry in the register shall put up the application before the committee.
The Grievance redressal and dispute resolution committee shall fix a datc for hearing of the appiication, which shall not be later than fifteen days from the date of filing of the application, and shall issue notice of the hearing to the parties or shall cause a notice to be issued,
The Grievance rcdressai and dispute resolution committee while Issuing a notice under sub-rule (2) shall call upon the respondent to submit a written statement and the notice shall contain a statement to this effect.
On the date so fixed for the appearance of the panics, the Grievance redressal and dispute resolution committee may cali upon the applicant to remedy the defects, if any, or may caii upon the panics to furnish reievant records or such other documents or evidence as it may deem fit and proper within such period as may be specified by it.
The Grievance redressal and dispute resolution committee may also order for a fleid enquiry in connection with the contentions made by the applicant and respondent and also with reference to the records submitted before it.
The Grievance rcdrcs'sal and dispute resolution committee, after hearing both the parties and examining the record of the case shall decide the application and pass such orders as it may deem fit and proper within sixty days from the date of presentation of the appiication:
Provided that during the hearing of the case if the Committee is satisfied that a situation exists which warrants that an interim relief should be provided, the Committee may, until the conclusion of such case or until further orders, pass such interim (orders as it deems necessary.
The Gridvance redrossal and dispute resolution committee may also explore the possibility of a settlement between the parties mid in case the parties arrive at a settlement, the committee shall record the settlement, which shall be signed by the parties or the authorised representatives or officers and shall dispose of the appiication in terms of such settlement,
The Grievance redressai and dispute resolution committee.shall not entertain an application where,- -
(0) the application in anonymous or it contains general and vague allegations;
b) the matter is sub-judice In any court of law, tribanai or a Judicial or quasi-Judicial authority:
the matter is beyond the purview of the Act;
the applicant has no locus standi to file the application.
CHAPTER IV
APPEALS
9. Appeal against order or decision of Grievance redressni and dispute resolution committee.- (i) An appeal against an order or decision of a Grievance redressal and dispute resolution committee may be preferred by an aggrieved person, in Form 'B', to the appellate authority constituted by the concerned local authority, comprising of the Mayor or President as the Chairperson andtwo other members of the local authority as decided in the General Board meeting, within thirty days from the date of communication of such order or decision appealed against:
Povided that the appellate authority may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time.
The appoai shell be in the form of a memorandum and shall be signed by the appellant and presented by him in person or through his authorised representative to the concerned local authority.
The memorandum of appeal shall be accompanied by original order or certified copy of the order, If any, against which appeal is prefbrred,
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred,
(3) No such appeal shall be entertained unless a copy thereof has bthn served upon the respondent or respondents, as the case may be, and proof of such service has been flied,
'S.
['in u—u 3(i)] 'ii W Trwp : aRltUltUT - 25
(6) No appeal shall be entertained where the order has been passed by the Grievance redressal and dispute resolution Committee in terms of the settlement arrived between the parties. 10. Appeal from decision of Town Vending Committee.- (I) An appeal under section II against any decision of a Town Vending Committee with respect to issue of certificate of vending or cancelation or suspension of certificate of vending shall be preferred before the appellate authority constituted by the concerned local authority comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, in Form 'C' within thirty days from the date of communication of the order appealed against:
Provided that the appellate authority may condone the delay in case it is satisfied that appellant was prevented by sufficient cause from preferring the appeal within the prescribed time:
Provided further that in the absence of Chairperson any one of the members designated by the Chairperson may chair the meeting of the appellate authority.
The appeal shall be in the form of a memorandum in Form 'C' and shall be signed by the appellant and presented by him in person or through his authorised representative, either in English, Hindi or the local language, as preferred by the appellant.
The memorandum of appeal shall be accompanied by the original or certified copy of the order against which a appeal is preferred.
The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.
No appeal shall be entertained unless a copy thereof has been served upon the Town Vending Committee which had made the order appealed against, prior to filing of such appeal and proof of such service has been filed along with the appeal.
11. Procedure for disposal of appeals by the local authority.- (I) The officer or the person authorised in this behalf by the concerned local authority shall make an entry of the appeal• in the register kept for the purpose by the concerned local authority with the date on which it was presented.
The appeal shall be put up before the Appellate Authority constituted by the concerned local authority which shall fix a date for hearing of the appeal, which shall not be later than fifteen days from the date of filing of the application, and shall cause a notice of the hearing to be served upon the parties.
The appellate authority shall on the basis of submissions made before it by the parties and the records of the case and on the basis of field enquiry, if any, ordered to be conducted by the appellate authority, pass such order, as it thinks fit, with reasons to be recorded in writing, confirming, modiing or annulling the order appealed against within sixty days from the date of receipt of the appeal by the local authority:
Provided that during the hearing of the case, if the appellate authority is satisfied that a situation exists which warrants that an interim relief should be provided, the appellate authority may, until the conclusion of such case or until further orders, pass such interim orders as it deems necessary.
CHAPTER V
TOWN VENDING. COMMITTEE
12. Constitution of Town Vending Committee.- (I) In each local authority one Town Vending Committee shall • be constituted by the Government:. .
Provided that the Government, if it considers necessary, on the request of the concerned local authority may provide for constitution of more than one Town Vehding Committee for each local authority after speci'ing their jurisdiction.
(2) The constitution of a Town Vending Committee shall be as follows, namely:-
t. No. (Jovernment Department and other Bodies No. of members
(a) Government Department -
Chairperson (Municipal Commissioner or 01 Chief Executive Officer) Representative of Police (preferably from oi the Traffic Division) Medical Officer of Health, Municipal Corpordtion Chandigarh. 01 Representative of Urban Planning Authority, Union Tenitoij 01 administration, Chandigarh Superintendent of Police, Union Territory administration, - 01
Chandigarh
5-4
26 THE GAZETFE OF INDIA : EXTRAORDINARY I [PART Il—SEC. 3(i)]
(b) Other Bodies -
(I) Street vendors (one-third of whom shall be women 05 vendors, with due representation of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities)
Non-government organisations and community based 01 Organisations
Resident Welihre Associations 01
Total 12
(3) The members of the Town Vending Committee other than the elected members shall be nominated by the Government:
Provided that nomination of Government members shall be preferred from amongst persons who are dealing with street vendors or related activities:
Provided further that nomination of members representing non-governmental organisations or community based organisations or resident welfare associations shall be carried out on the basis of such criteria as may be laid down by the Government, after inviting applications, as such, by publishing the same in at least two local newspapers or publicising in any other manner.
13. Election of members of Town Vending Committee from amongst street vendors.-(l) The local authority shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the street vendors of the area under the jurisdiction of the concerned local authority.
(2) The concerned local authority shall appoint a returning officer for conducting the election under its jurisdiction
14. Manner of election of members of Town Vending-Committee from amongst street vendors.- (1) The returning officer appointed under sub-rule (2) of rule 13 shall, conduct the elections in the manner provided under the Schedule appended to these rules.
(2) A street vendor shall be disqualified to be elected to a Town Vending Committee if, he is,-
a convict of an offence involving moral turpitude;
is physically and, or, mentally incapable of discharging his duties as a member of a Town Vending Committee.
(3) The names of the elected members shall be intimated by each local authority to the Government which shall upon receipt of such names along with other members nominated by it notify the constitution of the Town Vending Committee in each local authority.
15. Term of members of Town Vending Committee.-(l) The term of the members of the Town Vending Committee, other than the Government officials who shall be members in ex-officio capacity, shall be five years from the date of their election or nomination, as the case may be.
(2) The process of electing or nominating, as the case may be, of the members shall be completed before the expiry of
their term.
16. Removal of a member of Town Vending Committee.- Any member of a Town Vending Committee may be removed by the Government from the committee, if he,
(a) persistently makes defaults in the performance of his duties imposed on him under the Act and thee rules or exceeds or abuses its powers;
(b)remains absent for three consecutive meetings of the Committee without the permission of the Chairperson;
(c) is convicted of any criminal case by any court of law:
Provided that such member shall be given a reasonable opportunity of being heard before his removal.
17. Method of filling vacant post- (I) Where any vacancy occuri in a Town Vending Committee due to resignation, death, removal or otherwise of any member, other than a street vendor, the same procedure as specified in rule 12 shall be followed to fill up such vacancy and the member so nominated shall continue to be a member for the
[wi ll—'U 3(i)] TM W 11W 31IUTVI 27
remaining period of terni of that member in whose place he has been nominated.
(2) Where any vacancy occurs in a Town Vending Committee due to resignation, death, removal or otherwise of any member who is a Street vendor, the local authority shall fill up that vacancy based on the election results conducted as per rule 1 4 and the member so elected shall continue to be a member for the remaining period of term of that member in whose place he has been elected.
IS. Allowances to members of Town Vending CoMmittee,- The allowances payable te the members ofa Town Vending Committee, who do not hold any office of profit, shall be at the rate of rupees one thousand only for attending
each meeting of the Town Vending Committee, or as may be fixed by the concerned local auLhority from time to time.
19. Meetings of Town Vending Committee,- (I) A Town Vending Committee shall ordinarily hold at least one
fleeting within a period of three months or at any such intervals as the Chairperson of the Town Vending Committee may decide for the transaction of its business:
Provided that the tirst meeting ola Town Vending Committee shall be convened by the Chairperson within forty five days of its constitLition:
Provided further that a requisition meeting may be called b y the Chairperson on a specific issue on the request of not less than one-third of the members of the Committee, and the meeting shall be convened within seventy-two hours after receiving the request so made.
The meetings ofa Town Vending Committee shall be held at the headquarters of the local authority or at such place 'viflun the jurisdiction of the local authority as may be decided by the Chairperson.
A notice shall he issued before seven days of a scheduled meeting to all the members of the Town Vending Committee, along-with the agenda of the meeting. * (4)] lie quorum for the meeting shall be two-third members of the total strength of the 'T'own Vending Committee.
(5) No meeting shall be held in the absence of the quorum and where there is no quorum, the meeting shall be adjourned.
20. Procedure for transaction of business of Town Vending Committee.- (I) The Town Vending Committee
may follow such procedure for transaction of its business as may be decided by the Chairperson in consultation with the members. -
Subject to the provisions of the Act and these rules and notwithstanding anything contained in the bye-laws, the resolution passed in a meeting of a Town Vending Committee shall be by not less than two-thirds of the members present and voting in the iii ccli ng.
The Chairperson shall ensure that the minutes of each meeting are recorded which shall be signed b him, circulated amongst the members and published on its website, if available, vithin one month of the meeting of the Committee.
21. Functions of Town Vending Committee.- Without prejudice to any other provisions of the Act, a Town
Vending Committee shall perform the following functions, namely:-
(a) to conduct surveys within the area of its jurisdiction to identify street vendors in the area and ensure their
accommodation in accordance with the norms, plan and the holding capacity within the area of its jurisdiction:
•
(1)) to issue certificate of vending to an eligible street vendor after obtaining an undertaking frotn him to comply 'vith
the terms and conditions subject to which the certificate of vending is issued for issue of certificate of vending, the
Town Vending Committee shall follow the criteria as specified in tile scheme framed under sub-section (I) of section 38 of the Act;
to cancel or suspend certiticate of vending oistreei vendors who commit breach of any of the conditions thereof or
any other terms and conditions specified for regulating street vending under the Act or these rules or scheme made under the Act or where the i'own Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud:
Provided that any order for cancellation or suspension of a certificate of vending by the Town Vending Committee shall speeif' the reasons for such cancel tat ion or suspension in the written order comnlun icated to the vendor:
to recommend to the local authority an area in its jurisdiction for declaration of the same to be a non-vending area:
to identify sites and spaces for vending:
(fl to regulate timings for vending to ensure non-congestion of public spaces:
to ensure enforcement olcorrcctive mechanism against defiance by street vendors:
to follow up cases oldispute pending before the dispute redressal committee and the local authority:
3244 GIll 5-5
28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART Il—SEC. 3(i)]
(i) to furnish recommendations to the local authority in relation to the preparation of plan to promote the vocation of
street vendors;
U) to hold its meetings and take appropriate decisions to ensure efficient discharge of its functions;
(k) to associate technical and professional persons from the Government orother non-government organisations with itself on temporary basis for obtaining assistance or advice in carryingout any of the provisions of the Act;
(I) to publish the street vendor's charter in at least one local language, Hindi and English newspapers of repute and displayed in the office of Town Vending Committee and other offices of the Urban Local Bodies as required, specifying therein the time within which the certificate of vending shall be issued to the street vendors and time within
which such certificate of vending shall be renewed and other activities to be performed within the time limit specified
therein;
(in) to maintain tip to date records of registered street vendors and street vendors to whom certificate of vending has
been issued in accordance with the provisions of the Act and publish on the website, if available;
to carry out social audit of its activities under the Act or these rules or the scheme made thereunder;
to furnish from time to time to the Government and the local authority such returns as prescribed undpr the Act and
these rules:
to furnish comments to the Government for undertaking promotional measures of making available credit, insurance
and other welfare schemes of social security for thestreet vendors;
to assist the Government to raise awareness among the public about the role of the street vendors in the economy;
and
to perform such other functions for effective implementation of the Act and these rules as may be delegated to the
Town Vending Committee by the local authority and by the Government.
22. Power of Town Vending Committee for temporary association 01 expert persons.-(I) Subjçct to the
provisions of the Act, a Town Vending Committee may associate any suitable person of repute having- adequate knowledge and experience in the field, as expert to obtain technical or professional advice on matters relating to the
street vendors.
The person to be associated as expert under sub-rule (I) shall be selected in a fair and transparent manner and by following the procedure for engagement of consultants and experts as technical or professional experts in Government
Departments.
The person associated as expert under sub-rule (I) shall he paid allowances as determined by the local authority.
The person associated as expert under sub-rule (I) may take part in the meetings of the Town Vending Committee,
b ut such persons shall not have a right to vote in the meetings.
23. Employees of Town Vending Committee - l'he local authority concerned shall, when so requested by a
lown Vending Committee, make available to that Committee such employees as the local authority considers necessary for discharge of the funetions conferred or imposed on the Committee under rule 21 of these rules.
CHAPTER VI , 0 MISCELLANEOUS -
24. Manner of maintenance of records of street vendors In' Town Vending Committee.- -Every Town
Vcnding Committee shall maintain up to date records as specified in the scheme under sub-section (2) of section 26 of
the Act in electronic form or manually or in both forms, as may be decided by the local authority.
25. Town Vending Committee to furnish returns.- (I) Every Town Vending commtttee shall prepare and furnis to the Government and local authority periodical returns for each year with details as tequired in Form D'.
A
h
(2) The Government or the local authority, as the case may be, may require a Town Vending Committee to furnish such
other return or returns in such proforma as demanded from time to time
26. Publication of summary of notified scheme in newspapers, etc.- (I) A summary of the scheme notified by
the Government in the second schedule under sub-section ( I ) of section 38 of the Act shall be published by the local
authority by means of a public notice given in two prominent daily newspapers and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected thereby, within seven daysfrom the
date the scheme is noti fled by the Government.
(2) The notice shall be signed by the Municipal Cominissioncr or the Chief Executive Ofticer of the local authority, as
the case may be. or by an officer authorised by him in this behalf
[T'T IJ—tt 3(i)] - tmT i1 ThPfl 3TThU{UT 29
(3) The notice shall be in such language or languages as the Municipal Commissioner or th'e Chief Executive Officer of the local authority, as the case may be, may specify in this behalf.
SCHEDULE
ISee rule 141
PROCEDURE FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF A TOWN VENDING
COMMITTEE REPRESENTINC THE STREET VENDORS IN THE AREA OF THE JURISDICTION THEREOF
I. The local authority concerned shall supervise, direct and control the conduct of elections of the members of a Town a Vending Committee representing the street vendors in the area of its jurisdiction.
As soon as the notification expressing the intention of the local authority to conduct elections for members of a
Town Vending Committee representing the street vendors has been issued under sub-rule (I) of rule 13 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that rule, the local authority shall by a resolution determine the date, time and place for conduct of elections.
The notice of the resolution or decision of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:-
by public notice to be published in two prominent daily newspapers in Hindi. English or such other language as the local authority thinks fit;
by local delivery;
by post under certificate of posting;
by speed post or courier services, duly registered with competent authority as well as on the notice board of the returning officer and such notice shall contain information regarding-
the number of members to be elected including seats reserved for representatives of the Scheduled Castes, the Schedulçd Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified categories;
the date on which, the place at which and the hours between which nomination papers shall be filed, such date
being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday;
Explanation.- the term "public holiday" means any day which is a public holiday under section 25 of the Negotiable Instruments .Aèt, 1881 [Central Act XXVI of 18811 or any day vhich has been notified by the Government to be a public holiday for offices under the Government;
the date and the hour for scrutinisation of the nomination papers:
the date, place, hours of polling.
, 4. The local authority shall prepare a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the l'own Vending Committee as it stood on thirty days before the date fixed for inviting the nominations, and publish copies of the said list by affixin g them upon the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for invitin g nominations. The list shall specify the registration number or number of certificate of vending and the name of the street vendor, the name of the father or
husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the
returning officer may require and hand over such records, register or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the local authority, or returning officer, as the case may be, to any street vendor on payment olsuch fee as specified by the local authority.
The nominations of the candidates for election shall be made in Form-I annexed to this Schedule which shall be supplied by the returning officer to any street vendor, free of cost.
The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.
Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the
returning officer. The returning officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt
30 THE GAZETTE OF INDIA: EXTRAORDINARY [PART Il—SEC. 3(i)]
of the nomination paper which shall bear the seal of the Town Vending Committee or returning officer. Any
nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected.
8. (i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the
scrutiny of the nomination papers;
The returning officer shall examine the nomination papers and decide objections, which may be made by any
person in respect of any nomination and may, either on such objection, or On his own motion and afief such summary
inquiry, if any, as the returning officer thinks necessarSi, reject any nomination:
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particulars relating to the candidate or his proposer or
seconder, as entered in the list of street vendors referred to in paragraph 4 if the identity of the candidate. the proposer
or seconder, as the case may be, is established beyond reasonable doubt.
the returning officer shall give all reasonable facilities to the contesting candidates or the proposer or seconder as the case may be, to examine all the nomination papers and to satisfy themselves that the inclusion of the name of the
contesting candidate is valid;
the returning officer shall endorse on each nomination paper his decision accepting or rejecting the same as the
case may be, and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such
rejection;
the returning officer shall not allow any adjournment of the proceedings except when such proceedings are
interrupted or obstructed by riots or affray or by causes beyond his control;
9. The list of valid nominations as decided by the returning officer with names in English alphabetical order and
addresses of the candidates as given in the nomination papers will be displayed or published on the same day on which
the scrutiny of the nomination papers is completed.
10. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pin on the day following the day on which the valid
nominations are published, to the returning officer of the Town Vending Committee and a notice of withdrawal of
candidates once given shall be irrevocable.
II. If the number of candidates whose nomination papers have been declared valid, does not exceed the numbef of
candidates to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures
fixed under paragraph 10 above. If the number of candidates whose nominations are valid exceeds the number to be
elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be
as prescribed in Form-2 annexed to this Schedule.
The local authority shall provide the returning office with ballot boxes, ballot papers copy of list of street vendors
or voters and such other articles as may be necessary-for the conduct of elections. The ballot box shall be so constructed
that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer appoint an agent to represent him both where
polling is held to identify the voters and to watch the recording of votes and such letter shall contain the consent in
writing of the agent concerned in Form-3 annexed to this Schedule.
Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.
Immediately before the commencement of the poll, the returning officer shall show the empty ballot box to such
persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also
affix his own seal, if he so desires.
Every street vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English alphabetical order either printed, type written or cyclostylcd,
according to convenience, on the ballot paper. The ballot paper shall also bear the seal of the Town Vending
Committee and also the initials of the returning officer, and further contain a column, for the voter to inscribe a mark
[x] against the names of persons to whom he wants to vote.
Each polling station and where there is more than one polling booth at a station, each such booth shall contain a
separate compartment in which the street vendors or voters can record their votes in secrecy.
No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper the street
vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in
whose favour he exercises his vote by inscribing a mark [x] against the names of the candidate or candidates, as the
['Im —ivg 3(i)J 1 1171 3TlTh1TV1 31
case may be, and put the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor or voter is unable to inscribe the mark on the ballot paper, the
polling officer and where no such polling officer is appointed, the returning officer shall ascertain from him the candidate or candidates in whose favour he desired to vote, inscribe the mark [x] on his behalland put the ballot paper in the ballot box.
18. If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such
elections, it is not possible to take the poll for any sufficient cause, the returning officer shall have the power to stop the poling, recording his reasons for such action in the minute book of the Town Vending Committee.
19. No street vendor or voter shall be admitted alier the hours fixed for the poll but a voter, who enters the premises
where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed tQ vote.
20. The counting of votes shall take place immediately after close of the poll. If this is not possible. the ballot box shall
be sealed with the seal of the returning officer and the contesting candidates or their agents, if they so desire, and deposit with the local authority for safe custody, the returning officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the returning officer. Each candidate and his authorised agent
shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting
shall not vitiate counting and announcement of results by returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over.
21. The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested IS by returning officer and shall also be notified immediately on the notice board ofiheTown Vending Committee.
22. In case of equality of votes, the returning orncer shall declare the election result by tossing coin.
23. The ballot paper shall be rejected by the returning officer if,-
it bears any mark by which the street vendor's vote can be identified:
it does not bear the sal of the 'l'own Vending Committee or the initials of the returning officer:
the mark indicating the vote thereon is placed in such a manner as to nake it doubtful to which candidate the vote has been cast:
is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
24. After the result of election has been announced, the result of the election and a report thereon shall be
communicated to the local authority as well as to the Government by the returning officer within three days after the declaration of result.
25. AlIer the declaration of the result of the election, the returning officer shall handover the ballot paper and records
relating to the elections of the members of Town Vending Committee to the local authority in a sealed cover and
the same shall safely be preserved by the local authority till the next election results are available and shall thereafter he destroyed by the local authority and a copy of the handing over and taking over record of elections shall be sent to the Government as well as local authority by the returning officer along with his report.
SCHEI)ULE
Form-I
(paragraphs of Schedule)
NOMINATION FORM FOR ELECTION OF MEMBERS OF 'I'OWN VENI)tNG COMMITTEE
1'o
The Returning Officer,
Town Vending Committee
Sir,
....................wife/son/daughter of Shri/Smt./Ms. .................................... street vendor vending in the area ofjurisdiction of the Town Vending Committee, (Registration Certificate of Vending No. .................... ) hereby propose the name of Shri/Smt./Ms. .................................. wife/son/daughter of Shri/Smt./Ms. .............................. and a street
vendor of the said Town Vending Committee (Registration/Certificate of Vending No. ................................ ) as a
candidate for the post of Member of the said Committee for the election to be held on .................................
3244 G1115-6
32 TI1E GAZETTE OF INDIA: EXTRAORDINARY [PART Il—SEC. 3(i)]
Name and signature of the proposer ...........................
Registration/Certificate of Vending No . .. .......................
I . ................................ wife/son/daughter of Shri/Smt./Ms. ..................................... Registration/Certificate of Vending
No. ................... . ..... of ........................ 'town Vending Committee, hereby second the above proposal.
Name and Signature of the Seconder ......................
Registration/Certificate of Vending No 4
DECLARATION BY THE CANDIDATE
.......wife/son/daughter of Shri/Smt.iMs. ................................. Registration/Certificate of Vending No.
of ....................... Town Vending Committee, hereby agree to my nomination for the election as Member
of the ........................Town Vending Committee.
I further declare that-
I am not an employee of the said Town Vending Committee;
I am eligible to vote;
I do not incur any disqualification for election as Member of the said Town Vending Committee under the
provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7
of 2014) and the 'Union 'l'erritdry of Dadra and Nagar Haveli' Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Rules. 2015 nude thereunder. 4
Name and Signature of the Candidate ..................
Registration/Certificate of Vending No . .........................
(FOR OFFICE USE ONLY)
Received the nomination form at ..........................a.m./p.m. on ....................................
Signature of the Returning Officer .........................
Seal
ACKNOWLEDGEMENT
Received the nomination form of .....................................presented by Shri/Smt./Ms
candidate/proposer/seconder for election at -.......... am/p.m. on ................
Signature of the Returning Officer ........
r
Seal
[w1 II-w 3)] qTm 1 IPT 33
SCHEDULE
Form- 2
(paragraph II of Schedule)
BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN VENDING COMMITTEE
Ballot paper of elections of Members of a Town Vending Committee whose elections are to be conducted under
Schedule I appended to rule 14of the 'Union Territory of Dadra and Nagar Haveli' Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Rules, 2015.
The.........................................
Town Vending Committee 1
(Address)
(Counterfoil)
Ballot paper for the Post of ...........................
Date of Election..............................................
Sl.No.................................................
• Certificate of Vending No . ...................................................
Please mark [x] against one of the candidate
SL No. Nameof candidate [ Certificate of Vending No. Mark of casting vote
SCHEDULE
Form- 3
NOM INATION OF ELECTION AGENT/ COUNTING AGENT
• (Paragraph 12 of Schedule)
........................................son/wife /daughter of Shri/Smt./Ms . ........................................ street vendor vending in the area ofjurisdiction of the Town Vending Committee, (Certificate of Vending No. .....................) contesting for election of Member of the said Committee, hereby nominate the following person as my election agentcounting agent in the election of Members of the said Town Vending Committee to be held on ............................(specify the date):-
Name and Signature of the Candidate
Certificate of Vending No. ........................ ....
son/wife/daughter of •Shri/Smt./Ms. ............................................... .address ........................................ ................................................... . ....................... am willing to be
the election agenticounting agent. -
j
Name and Signature of the Agent ..................
34 THE GAZETTE OF INDIA: EXTRAORDINARY [PART lI—Suc. 3(i)]
FORMA'
tSeeruIe7I
APPLICATION TO THE GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION COMMITTEE FOR THE REDRESSAL OF GRIEVANCE OR RESOLUTION OF DISPUTE OF STREET VENDORS
I. Name and address of the applicant, - -
Registration number/case number! ID number
Place of vending -
(give full details of location, zone ward, etc.)
Nature of vending (Tick the appropriate) - £
(a) stationary (a)
(b)mobilé. (b)
(c) any other category (if other, please specify the category) (c)
Date of issue of certificate of vending (attach a copy of certificate of vending, if issued)
Grounds of redressal of grievance or resolution of dispute (give full details and attach more pages, if required)
Signature of applicant .................... 11
DECLARATION
...................................... .the applicant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date:
- Signature of applicant
Note.- Please attach all the relevant documents along with the application. -
FORM' B'
ISec rule 91
APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION COMMITTEE
I: Name and address of the appellant -
Registration number/ case number! ID number
Place of vending -
(give hill details of location, zone ward, etc.)
Nature of Vending (Tick the appropriate) - 3
(a) stationary (a)
(b)mobile (b) I (c) any other category (if other, please specify the category)
Decision of the Committee
(attach the copy of the decision of the Dispute Redressal Committee, giving- -,
[cm 11-1ug 3(i)] •1 : 35
(a) the number of decisions; and -
(b) the date of the decisions.)
6. Grounds of appeal (give full details and attach more pages, if required)
Signature of appellant
DECLARATION I.............................. . ........
.the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
a Place:
Date:
Signature of appellant
Note.- Please attach all the relevant documents along with the application. 0•
FORM'C'
ISee rule 101 . APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE TOWN VENDING
COMMITTEE
I. Name and address of the appellant
2. Registration number/ case number! ID number
. 3. Place of vending -
(give fuildetails of location, zone ward, etc.)
4. Nature of vending (Tick the appropriate) -
(a) stationary (a)
(b)mobile (b)
(c) any other category (if other, please specify the category) (c)
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issued)
6. Nature of the order appealed against (Tick the appropriate)
issuance of certificate of vending; (a) cancellation of certificate of vending; or (b)
( suspension of certificate of vending. (c) L J 7. Grounds of appeal (give full details and attach more pages, if required)
Signature of appellant
DECLARATION I. ........... ........... ................ .the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief
Place:
Date:
Signature of appellant ..............................
Note.- Please attach all the relevant documents along with the application.
Mi THE GAZETTE OF INDIA EXTRAORDINARY
[PART Il—SEC.
15cc rule 251
Survey-
the number of Street vendors surveyed during
the year;
name of area and wards -: where sutvey work has
been completed along with date of completion of
survey;
name of area arid wards
where survey work is in progress along with the date of start of survey and the date of likely completion;
the number of registered
street vendors ward wise as on the last day of the year;
Receipt and disposal of • applications for issue of
certificate of vending-
the number of
applications (ward wise) received for issue of
certificate of vending
during the year;
the number of
applications (ward wise) disposed of during the year
of which-
the number of
applications accepted;
the number of
applictions denied;
the number of
applications pending as on the last day of the
year;
of suspension of
certificate of vending-
the number of cases in which action for suspension
of certificate of vending initiated during the year;
the number of cases of suspension disposed of during the year of which-
the number of certificate
• of vending were
suspended;
the number of cases rinced and the
P
C
C
a
fl
A,
a
1P1 11—Ttt3(i)] aThfl%&uT 37
certificate of vending continued;
(iii) the number of cases pending as on the last day of the year;
[IV] Applications for revocation of suspeasion of certificate of vending-
the number of applications for the revocation of suspension of certificate of vending received during the year;
the number of applications receied at (a) above disposed of during the year of which-
(i) the number of applications where suspension revoked and the certificate of vending revalidated;
(H) the number of cases closed and suspension continued;
the number of applications for revOcation of suspension pending as on the last date of the year;
[Vi Cases of cancellation of certificate of vend ing-
the number of cases in which action for cancellation of certificate of vending initiated during the year;
the number of cases of cancellation of certificate of vending disposed of during the year of which-
(i) the number of certificates of vending cancelled;
(H) the number of cases closed and certificate continued;
the number of cases pending on the last day of the year;
[VI] The number of meetings of Town Vending Committee
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART fl—SEC. 3(i)]
held during the year;
[VIII Ward wise list of vending zones identified along with the details - such as ward, area/colony, road, map of the vending zone, and the holding capacity;
Ward wise number of registered street vendors that have been accommodated in the notified vending zones; -
Other activities- -
(I) (a) the social audit of its activities conducted during theyear;
promotional measures taken for making available
- credit, insurance and other welfare schemes of social security of the street vendors during the year;
steps taken during the gear - to raise awareness among the public about the role of street vendors in the economy.
(2) The Government or the local authority, as the case - -
may be, may require a Town Vending Committee to furnish such other return or returns in such proforma as demanded from time to time. -
[F. No. N-I 102813/2UI 1-USU]
B. K. AGARWAL, it. Secy.
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Printed by the Manager, Government of India Press, Ring Road, Mayapurl. New Uelni-I I uuo'. and Published by the Controller of Publications. I)clhi-I 10054.
4.
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Bo to 10-33004/99
U .REGD.NO. 1). L-33{xW99
3TRU aFT *41mmsl T'he Ga%ette ofJndia
a1tII1u(uu
EXTRAORDINARY
'mi ii—ng 3-3- (ii)
PART fl—Section 3—Sub-section (ii)
'1IIlt1
PUBLISHED BY AUTHORITY
* 9781 t, 1, 2014/4ua 11, 1936
No.978] NEW DELHI, THURSDAY, MAY 1, 2014/VAISAKHA 11, 1936
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MINISTRY OF HOUSING AND URBAN POVERTY ALLEVIATION
NOTIFICATION
New Delhi. theist May, 2014
S.O.1185(E).—In exercise of the powers conferred
by sub-section (3) of Section I of the Street Vendors
(Protection olLivelihood and Regulation of Street Vending) Act, 2014 (7 of 2014). the Central Government hereby
appoints the 1st day of May, 2014 as the date on which the provisions of the said Act shall come into force.
[ENo. K-14015/l/201 I-USD]
B. K. AGARWAL, it. Secy.
1832 61/2014
Printed by the Manager. Government of India Press, Ring Road, Mayapuri, New Delhi-] 10064
and Publishcd by the confroller of Publications. Delhi-I 10054.
THE STREET VENDORS-(PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING)B&€, 2014
Aot- ARIW4GEMENT0FC SES
CLApES trtt-rr, -rr
/ CHAPTER 1
PRELIMINARY -
a 1. Short title, extent, commencement and provisions.f ON 4 MAR 20 -14 Definitions.
CHAPTERII REGULATION OF STREET VENDING
Survey of street vendors and protection from eviction or relocation.
Issue of certificate of vending.
Conditions for issue of certificate of vending.
Categories of certificate of vending and issue of identity cards.
criteria for issuing certificate of vending.
Vending fees
Validity and renewal ofcertificate of vending.
Cancellation or suspension of certificate of vending.
11 -Appeal from decision of Town Vending Committee.
S CHAPTERID
RIGHTS AND OBLIGATIONS OF STREET VENDORS
Rights of street vendor.
Right of street vendor for a new site or area on relocation.
Duty of street vendors.
Maintenance of cleanliness and public hygiene.
Maintenance of civic amenities in vending zone in good condition.
Payment of maintenance charges.
CHAPTER IV RELOCATION AND EVICTION OF STREET VENDORS
Relocation or eviction of street vendors.
Seizure and reclaiming of goods.
'I
MR
II
CLA)SES
CHAPTERV / . ThSPUTE-REDRESSAL MECHANISM
Redressal of grievances or resolution of disputes of street vendors.
CHAPTER VI PLAN FOR STREET VENDING
Plan for street vending.
CHAPTER VII Toww VENDI&G Corit1n-rEE
Town Vending Committee.
Meetings of Town Vending Committee. -
Temporary association of persons with Town Vending Committee for particular purposes.
Office space and other employees for Town Vending Committee.
Publication of street vendor's charter and data-base and carrying out of social audit. -
CHAPTER VIII PREvENTION OF HARASSMENT-OF STREET VENDORS
Prevention of harassment by police and other authorities.
CHAPTERIX PENAL PROVISIONS
Penalty for contraventions.
CHAPTERX MISCELLANEOUS
Provisions of this Act, not to be construed as conferring ownership rights, etc.
Returns.
Promotional measures.
Research, training and awareness.
Act to have overriding effect.
Power to delegate.
Power to amend Schedules.
Power to make rules.
Power to make bye-laws.
Scheme for street vendors.
Power to remove difficulties.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
Bill No. 104-F of 2012
THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) Wa, 2014.
S (As PASSED BY THE HOUSES Q71'ARLIAMENT)
to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:-
CHAPTER!
PRELIMINARY
1. (1) This Act may be called the Street Vendors (Protection ofLivelihood and Regulation Short tiflc.
of Street Vending)Act, 2014. eXtent.
conimenw,ent
(2) It extends to the whole of India except the State of Jammu and Kashmir, and
prOVISIOnS.
It shalt come into force on such date as the Central Government may. by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shalt be construed in relation to any State as a reference to the coming into force of that provision in that State.
The provisions of this Act shall not apply to any land, premises and trains owned and controlled by the Railways under the RailwáyAct, 1989. 24 of 1989.
Definitions. 2. (1) In this Act, uiless the context otherwise requires,-
"appropriate Government" means in respect of matters relating to,-
(,) a Union territory without Legislature, the central Government;
(II) the Union territories with Legislature, the Government of the National Capital Territory of Delhi or, as the case may bd, the Government of Union territory of Puducherry;
(/ll) a State, the State Government;
"holding capacity" means the maximum number of street vendors who can be accothmodated in any vending zone and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
"local authority" means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 41 of 2006.
or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the "planning authority" which regulates the land use in that city or town;
"mobile vendors" means street vendors who carry out vending activities in designated area by moving from one place to another place vending their goods and services;
"natural market" means a market where sellers and buyers have traditionally. congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations ofthe Town Vending Committee;
(/) "notification" means a notification published in the Official Gazette and the' term "notilS" shall 'be construed accordingly; .
(g'planning authority" Means an Urban Development Authority or any other authority in any city or towndesignated by the appropriate Government as responsible for regulating the land use by defining the precise extent of areas for any particular activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicable Town and Country Planning Act or the Urban DeveloprnentAct or the Municipal Act, as the case may be;
(h) "prescribed" means prescribed by rules made under this Act by the appropriate Government;
(I) "Schedule" means the Schedule annexed to this Act;
(j) "scheme" means a scheme framed by the appropriate Government under section 38;
(Ic) "stationary vendors" means street vendors who carry out vending activities on regular basis at a specific location;
(1) "street vendo?' means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and
eke
includes hawker, peddler, squatter and all other synonymous termwhich maybe local or region specific; and the words "street vending" with their grammatical variations and cognate expressions, shall be construed accordingly;
"Town Vending Committee" means the body constituted by the appropriate Government under section 22;
"vending zone" means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific 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 place considered suitable for vending activities and providing services to the general public.
(2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area.
CHAPTERII -
REGULATION OF STREET VENDING
3. (1) The Town Vending Committee shall, within such period and in such mamer as Survey of
may be specified in the scheme, conduct a survey of all existing street vendors, within the Street vendors
area under its jursidiction, and subsequent survey shall be carried out at least once in every and protection
five years. from eviction
- or relocation.
The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accornmondated in the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones.
No street vendor shall be evicted or, as the case may be, relocated till the survey specified under sub-section () has been completed and the certificate of vending is issued to all street vendors.
& (1) Every street vendor, identified under the survey carried out under sub-section Issue of
(I) of section 3, who has completed the age of fourteen years or, such age as may be certificate of
S .prescribed by the appropriate Government, shall be issued a certificate of vending by the vending.
Town Vending Committee, subject to such terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending:
Provided that a person, whether or not included under the survey under sub-section (I) of section 3, who has been issued a certificate of vending before the commencement of this Act, whether known as licence or any other form of permission (whether as a stationary vendor or a thobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been issued such certificate of vending.
Where, in the intervening period between two surveys, any person seeks to vend, the Town Vending Committee may grant a certificate of vending to such person, subject to the scheme, the plan for street vending and the holding capacity of the vending zones.
Where the number of street vendors identified under sub-section (1) or the number of persons seeking to vend under sub-section (2) are more than the holding capacity of the vending zone and exceeds-the number of persons to beaccommodated in that vending zone, the Town Vending Committee shall carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons shall be accommodated in any adjoining vending zone to avoid relocation.
Conditions for 5. (1) Every street vendor shall give an undertaking to the Town Vending Committee issue of prior to the issue of a certificate of vending under section 4, that- certificate of
vending. (a) he shall carey on the business of street vending himself or through any of his &mily member;
he has no other means of livelihood:
he shall not transfer in any manner whatsoever, including rent, the certificate of vending or the place specified therein to any other person.
(2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending-
spouse of the street vendor; -
dependent child of the street vendor:
Provided that where a dispute arises as to who is entitled to vend in the place of the vendor, the matter shall be decided by the committee under section 20.
Categories of 6. (1) The certificate ofvending shall be issued under any of the following categories, certificate of nme1y:-vending and issue of (a) a stationary vendor; identity cards.
(b) a mobile vendor; or
any other category as may be specified in the scheme.
The certificate of vending i ,ssued for the categories specified in sub-section (1) shall be in such form, and issued in such manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities, the days and timings for carrying on such vending activities and the conditions and restrictions subject to which he shall carey on such vending activities.
Every street vendor who has been issued certificate of vending under sub-section (1) shall be issued identity cards in such form and manner as may be specified in the scheme.
Criteria for 7. The criteria to be followed by the Town Vending Committee for issuing certificate of issuing vending to a street vendor shall be as specified in the scheme, which may, apart from other certificate of things, provide for preference to the Scheduled Castes, the Scheduled Tribes, Other Backward vending. Classes, women, persons with disabilities, minorities or such other categories as may be
specified in the scheme.
Vending fees. 8. Every street vendor who has been issued certificate of vending shall pay such vending fees as may be specified in the scheme.
Validity and 9. (1) Every certificate of vending shall be valid for such period as may be specified in renewal of the scheme. certificate of
vending. (2) Every certificate of vending shall be renewable for such period, in such manner, and on payment of such fees, as may be specified in the scheme.
Cancellation 10. Where a street vendor who has been issued a certificate of vending under this Act or suspension commits breach of any of the conditions thereof or any other terms and conditions specified of certificate for the purpose of regulating street vending under this Act or any rules or schemes made of yen 111g. thereunder, or where the Town Vending Committee is satisfied that such certificate of vending
has been secured by the street vendor through misrepresentation or fraud, the Town Vending Committee may, without prejudice to any other fine which may have been incurred by the street vendor under this Act, cancel the certificate of vending or suspend the same in such manner as may be specified in the scheme and for such period as it deems fit:
Provided that no such cancellation or suspension shall be made by the Town Vending Committee unless an opportunity of hearing has been given to the street vendor.
11. (1) Any person who isaggrieved by any decision of the Town Vending Committee Appeal from
with respect to issue of certificate of vending under section 6 or cancellation or suspension decision of
of certificate of vending undet section 10 may prefer an appeal to the local authority in such Town Vending
form, within such period, and in such manner,as may be prescribed. Committee
(2) No appealshall be disposed of by the local authority unless the appellant has been given an opportunity of hearing.
CHAPTER III
RIGHTS AND OBLIGATIONS OF STREET VENDORS
(1) Every street vendor shall have the right to carry on the business of street vending Rights of
activities in accordance with the terms and conditions mentioned in the certificate of vending. Street vendor.
(2) Notwithstanding anything contained in sub-section (1), where any area or space, as the case may be, has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zone.
Every street vendor, who possesses a certificate of vending, shall, in case of his Right of street vendor relocation under section 18, be entitled for new site or area, as the case may be, for carrying
-
out his vendmg activities as may be determined by the local authority, in consultation with for a new site or area on
the Town Vending Committee. reiocation,
Where a street vendor occupies space on a time sharing basis, he shall remove his Duty of street
goods and wares every day at the end of the time-sharing period allowed to him. . vendors.
Every street vendor shall maintain cleanliness and public hygiene in the vending Maintenance
zones and the adjoining areas. . of cleanliness
and public hygiene.
Every street vendor shall maintain civic amenities and public property in the véhding Maintenance
zone in good condition and not damage or destroy or cause any damage or destruction to the of civic . amenilies in
same. . vending zone in good
condition.
Every street vendor shall pay such periodic maintenance charges for the civic Payment of
amenities and facilities provided in the vending zones as may be determined by the local maintenance charges
authority.
CHAPTER IV
-' RELOCATION AND EVICTION OF STREET VENDORS
(1) The local authority may, on the recommendations of the Town Vending Relocation or
Committee, declare a zone or part of it to be a no-vending zone for any public purpose and eviction of
relocate the street vendors vending in that area, in such manner as may be specified in the street
scheme.
(2)-The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme.
No street vendor shall be relocated.or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days' notice for the same in such manner as may be specified in the scheme.
A street vendor shall be relocated or evicted by the local authority physically in such mannei as may be specified in the scheme only after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice.
(5) Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice, shall be liable to pay for every day of such default, a penalty which may extend up to two hundred and fifty rupees, as may be determined by the local authority, but shall not be more than the value of goods seized.
Seizure and 19. (1) If the street vendor fails to vacate the place specified in the certificate of reclaiming of vending, after the lapse of the period specified in the notice given under sub-section (3) of goods. section 18, the local authority, in addition to evicting the street vendor under section 18, may,
if it deems necessary, seize the goods of such street vendor in such manner as may be specified in the scheme:
Provided that where any such seizure is carried out, a list of goods seized shall be prepared, as specified in the scheme, and a copy thereof, duly signed by the person authorised to seize the goods, shall be issued to the street vendor.
(2) The street vendor whose goods have been seized under sub-section (1) may, reclaim his goods in such manner, and after paying such fees, as may be specified in the scheme: .
Provided that in case of non-perishable goods, the local authority shalt release the goods within two working days of the claim being made by the street vendor, and in case of perishable goods the local authority shall release the goods on the same day of the claim being made by the street vendor. -
CHAPTER V
DispuTE REDRES5AL MECI-1ANI5M
Redressal of 20. (1) The appropriate Government may constitute one or more committees consisting grievances or of a Chairperson who has been a civil judge or ajudicial magistrate and two other professionals
disputesóf having such experience as may be prescribed for the purpose of deciding the applications
street received under sub-section (2): vendors.
Provided that no employee of the appropriate Government or the local authority shall be appointed as members of the committee.
Every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under sub-section (1) in such form and manner as may be prescribed.
On receipt of grievance or dispute under sub-section (2), the committee referred to in sub-section (1) shall, after verification and enquiry in such manner, as may be prescribed, take steps for redressal of such grievance Or resolution of such dispute, within such time and in such manner as may be prescribed. -
Any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form, within such time and in such manner as may be prescribed.
The local authority shall dispose of theappeal received under sub-section (4) within such time and in such manner as may be prescribed:.,
Provided that the local authority shall, before disposing ofthe appeal, give an opportunity of being heard to the aggrieved person.
CHAPTER VI
PLA}I FOR STREET vENDING
Plan for 21. (1) Every local authority shall, in consultation with the planning authority and on street the recommendations of the Town Vending Coffimittee, once in every five years, prepare a
plan to promote the vocation of street vendors covering the matters contained in the First Schedule. . .
(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approvalS and that Government shall, before noti!'ing the plan, deteitine the norms applicable to the street vendors.
CHAPTER VII
TowN VENDING CoMrnnE
22. (1) The appropriate Government may, by rules made in thisbehalf, provide for the Town Vending term and the manner of constituting a Town Vending Committee in eâch'local authority: Committee.
Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.
(2) Each Town Vending Committee shall consist of:-
(a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and
• (b) such number of other members as may be prescribed, to be norminated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authOrity, trafflc police, police, association of streàt vendors, niarket associations, traders associations, non-governmentalorganisations, community based organisations, resident welfare associations; banks and such other interests as it deems proper;
(c) the number of members nominated to represent the non-governmental organisations and the community based organisations shall not be less than ten per cent.;
( the number of members representing the street vendors shall not beless.than
forty per cent. who shall be elected by the street vendors themselves in such manner as may be prescribed:
Provided that one-third of members representing the street vendors shall be from amongst women vendors:
Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons.with disabilities from amongst the members .representing street vendors.
(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances as may be prescribed by the appropriate Government.
(1) The Town Vending Committee shall meet at such times and places within the Meetings of
jurisdiction of the local authority and shall observe such rules of procedure in regard to the Town Vending
transaction of busmess at its meetings, and discharge such fUncttons, as may be prescribed. Committee.
(2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision.
(1) The Town Vending Committee may associate with itself in such manner and for Temporary
such putpdses, as may be prescribed, any person whose assistance or advice it may desire, association of
in carrying out any of the provisions of this Act. Town Vending
(2) A person associated under sub-section (1) shall be paid such allowances as may -
Committee for particular
be prescribed. .• . purposes.
The local authority shall provide the Town Vending Committee with appropriate office space
• office space and such employees as may be prescribed. •, and other employees for Town Vending Committee.
Publication 26. (1) Every Town Vending Committee shall publish the street vendor's charter of street specifying therein the time within which the certificate of vending shall be issued to a street
charter and vendor and the time within which such certificate of vending shall be renewed and other
data-base and activities to be performed within the time limit specified therein. carrying out of social (2) Every Town Vending Committee shall maintam up to date records of registered
audii. treet vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be prescribed.
(3) Every Town Vending Committee shall carry out social audit of its activities under the Act or the rules or the schemes made thereunder in such form and manner as may be specified in the scheme.
CHAPTER VIII
PREVENTION OP HARASSMENT OF STREET VENDORS
Prevention 27. Notwithstanding anything contained in any other law for the time being in force, of no street vendor who carries on the street vending activities in accordance with the terms harassment by police and
and conditions ofhis certificate of vending shall be prevented from exercising such rights by
other any person or police or any other authority exercising powers under any other law for the
authorities, time being in force.
CHAPTERIX
PENAL PROVISIONS
Penalty for 28. If any street vendor- contraventions. indulges in vending activities without a certificate of vending;
contravenes the terms of certificate of vending; or
contravenes any other terms and conditions specified for the purpose of regulating street vending under this Act or any rules or schemes made thereunder,
he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authority.
CHAPTERX
MISCELLANEOUS
Provisions of 29. (1) Nothing contained in this Act shall be construed as conferring upon a street this Act, not vendor any temporary, permanent or perpetual right of carrying out vending activities in the
construed as vending zones allotted to him or in respect of any place on which he carries on such vending
conferring activity. ownership rights, etc. (2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a
temporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions of any law for the time being in force for carrying out such
vending activity.
Returns. 30. Every Town Vending Committee shall furnish, from time to time, to the appropriate
Government and the local authority such returns as may be prescribed.
Promotional 31. The appropriate Government may, in consultation with the Town Vending
measures. Committee, local authority, planning authority and street vendors associations or unions, undertake promotional measures of making availábló credit, insurance and other welfare schemes of social security for the street vendors.
hi
32. The appropriate Government may, to the extent of availability of financial and other Research,
resources,— training and awareness.
organise capacity building programmes to enable the street vendors to exercise the rights contemplated under this Act;
undertake research, education and training programmes to advance knowledge and understanding ofthe role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through Town Vending Committee.
33. The provisions of this Act shall have effect notwithstanding anything inconsis- Act to have
tent therein contained in any other law for the time being in force or in any instrument having overriding
effect by virtue of any law other than this Act. . effect.
34. The appropriate Government may, by general or special order in writing, delegate power to
such of its powers and functions under this Act (excluding the power to frame scheme under delegate.
section 38 and power to make rules under section 36), as it may deem necessary, to the local authority or the Town Vending Committee or any other officer, subject to such conditions, if any, as may be specified in that order.
35. (1) On the recommendations made by the appropriate Government or otherwise, if Power to
the Central Government. is satisfied that it is necessary or expedient so to do, it may, by amend
notification, amend the Schedules and thereupon the First Schedule or the Second Schedule, Schedules.
as the case may be, shall be deemed to have been amended accordingly.
(2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
36. (1) The appropriate Government shall, within one year from the date of commence- Power to
ment of this Act, by notification, make rules for canying out the provisions of this Net. make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— -.
the age for street vending under sub-section (1) of section 4;
the form, period and manner of filing appeal with the local authority under sub-section (1) of section II;
the persons and the experience such person shall have under sub-section (1)
S of section 20;
('0 the form and the manner of making application under sub-section (2) of
section 20;
(e) the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20;
(j) the form, the time withinwhich and the manner in which an appeal may be filed under sub-section (4) of section 20;
(g) the time within which and the manner in which an appeal shall be disposed of under sub-section (5) of section 20;
(Ii) the term of, and the manner of constituting, the Town Vending Committee under sub-section (1) of section 22;
(i) the number of other members of the Town Vending Committee under clause (b) of sub-section (2) of section 22;
(/) the manner of elections among street vendors under clause ('0 of sub-section
(2) of section 22;
(It) the allowances to Chairperson and members under sub-section (3) of
section 22; .
lO
(0 the time and place for meeting, procedure for transaction of business at meetings and functions to be discharged by the Town Vending Committee under section 23;
(m) the manner and the purpose for which a person may be associated under sub-sectipn (I) of section 24;
(ii) the allowances to be paid to an associated person under sub-section (2) of section 24;
(a) the other employees of Town Vending Committee under section 25;
the manner of maintaining up to date record of all street vendors under sub-section (2) of section 26;
the returns to be furnished under section 30;
the manner of publishing summary of schemeunder sub-section (2) of
section 38.
(3) Every rule and scheme made by the Central Government 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 scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme shall thereafterhave 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 rule or scheme.
(4) Every nile or scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.
Power to 37. Subject to the provisions of this Act or any rule or scheme made thereunder, the make bye- laws.
local authority may make bye-laws to provide for all or any of the following matters, namely:—
the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones;
determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section 17;
determination of penalty under sub-section (5) of section 18 and section 28;
(c the regulation of the collection of taxes and fees in the vending zones;
(c) the regulation of traffic in the vending zones;
(fl the regulation of the quality of products and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards;
(g) the regulation of civic services in the vending zones; and
(Ii) the regulation of such other matters in the vending zones as may be necessary.
Scheme for 38. (1) For the purposes of this Act, the appropriate Government shall frame a scheme, street vendors, within six months from the date of commencenient of this Act, after due consultations with
the local authority and the Town Vending Committee, by notificatioh, which may specify all or any of the matters provided in the Second Schedule.
(2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the local authority in at least two localnews papers in such manner as may be prescribed.
39. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order published in the Official Gazette, make such provisions, not remove
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for difficulties.
removing the difficulty:
Provided that no order shall be made under this section after expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
.
THE FIRST SCHEDULE
(See section 21)
PLAN FOR STREET VENIMNO
(I) The plan for street vending shall,-
ensure that all existing street vendors identified in the survey, subject to a norm conforming to two and half per cent. of the population of the ward, zone, town or city, as the case may be, are accommodated in the plan for street Vending;
ensurethe right of commuters to move freely and use the roads without any impediment;
ensurethat the provision of space or area for street vending is reasonable and consistent with existing natural markets;
take into account the civic facilities for appropriate use of identified spaces or areas as vending zones;
promote convenient, efficient and cost effective distribution of goods and provision of services;
(1) such other matters as maybe specified in the scheme to give effect to the plan for street vending.
(2) The plan for street vending shall contain all of the following matters, namely:-
determination of spatial planning norms for street vending;
earmarking of space or area for vending zones;
determination of vending zones as restriction-free-vending.zones, restricted-vending zones and no-vending zones;
( making of spatial plans conducive and adequate for the prevalent number of street vendors in that city or town and also for the future growth, by adopting such norms as may be necessary; -
(e) consequential changes needed in the existing master plan, development plan, zonal plan, layout plan and any other planfor accommodating street vendors in the designated vending zones.
(3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles, namely:-
any existing market, or a natural market as identified under the survey shall not be declared as a no-vending zone;
declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors;
overcrowding of any place shall not be a basis for declaring any area as a no-vending zone provided that restrictions may be placed on issuing certificate of vending in such areas to persons not identified as street vendors in the survey;
sanitary concerns shall not be the basis for declaring any area as a no-vending zone unless such concerns can be solely attributed to street vendors and cannOt be resolved through appropriate'civic action by the local authority;
till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone.
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THE SECOND SCHEDULE
(See section 38).
Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:-
the manner of conducting survey;
the period within which certificate of vending shall be issued to the street vendors identified under the survey;
the terms and conditions subject to which certificate of vending may be issued to a street vendor including to those persons who wish to carry on street vending during the intervening period of two surveys;
( the form and•the manner in which the certifiéate of vending may be issued to a street vendor; F
(e) the form and mannef of issuing identity cards to street vendors;
(1) the criteria for issuing certificate of vending to street vendors;
the vending fees to be paid on the basis of category of street vending, which may be different for different cities;
the manner of collecting, through banks, counters of local authority and counters of Town Vending Committe, vending fees, maintenance charges and penalties for registration, use of parking space for.mobile stalls and availing of civic services;
(1) the period of validity of certificate of vending;
(j) the period for which and the manner in which a certificate of vending may be renewed and the fees for such renewal;
• (k) the manner in which the certificate of vending may be suspended or cancelled;
(1) the categories of street vendors other than stationery vendors and mobile
S vendors;
the other categories of persons for preference for issue of certificate of vending;
the, public purpose for which a street vendor may be relocated and the manner of relocating street vendor;
the manner of evicting a street vendor;
the manner of giving notice for eviction ofa street vendor;
the manner of evicting a street vendor physically on failure to evict;
the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized;
the manner of reclaiming seized goods by the street vendor and the fees for the same;
(:) the fonn and the manner for carrying out social audit of the activities of Town Vending Committee;
(u) the conditions under which private places may be designated as restriction-free-vending zones, restricted-vending zones and no-vending zones;
13
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the terms and conditions for street vending including nonns to be observed for up keeping public health and hygiene;
the designation of State Nodal Officer for co-ordination ofall matters relating to street vending at the state level;
the manner of maintenance of proper records and other documents by the Town Vending Committee, local authority, planning authority and State Nodal Officer in respect of street vendors;
the manner of carrying out vending activities on time-sharing basis;
the principles for determination of vending zones as restriction-free-vending zones, restricted-vending zones and no-vending zones;
(za) the principles for determining holding capacity of vending zones and the manner of undertaking comprehensive census and survey;
(zb) principles of relocation subject to the following:-
relocation should be -avoided as far as possible, unless there is clear and urgent need for the land in question; -
affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project;
affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels;
livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that.they can make use of the livelihood opportunities created by the new infrastructure;
loss of assets shall be avoided and in case of any loss, it shall be compensated;
any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;
state mechinery shall take comprehensive measures to check and control the practice of forced evictions;
natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated;
(ze) any other matter which may be included in the scheme for carrying out the purposes of this Act.
to protect the rights of urban street ven4o$ and to regulate street vending activities and for matters connecteclthkewith or incidental thereto
(As passed by t/)ouses of Parliament)
GMGIPMRND-4868LS(S3)-1 1.03.2014.