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STREET VENDING POLICY – 2014,Telangana

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s2 Supreme Court Ruling 1989“if properly regulated, according to the

exigency of the circumstances, the small traders on the side walks can considerably add to the comfort and convenience of the general public, by making available ordinary articles of everyday use for a comparatively lesser price. An ordinary person, not very affluent, while hurrying towards his home after a day’s work, can pick up these articles without going out of his way to find a regular market. The right to carry on trade or business mentioned in Article 19 (1) g of the Constitution, on street pavements, if properly regulated, cannot be denied on the ground that the streets are meant exclusively for passing or re-passing and no other use."

[Sodan Singh & Others versus New Delhi Municipal Council, 1989]

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s3 Major directions of SC

verdict Every ULB shall form TVC Every TVC with 40% SVs ( 30% are Women) TVC shall function as per NSV Policy 2009 TVC shall demarcate ULB into Vending Zones TVC shall conduct survey and register SVs Registration shall be completed in 4 months TVC shall meet once in a month compulsory All SVs shall be free to approach HC benches

for redressal of their grievance High Court shall form a bench to deal SV cases All ULBs shall implement NSVP 2009 for SVs

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s4 Major Components of

the PolicyThe objective of the components to address the vulnerabilities of the urban street vendors through a multi-pronged approach. This includes:

• Survey of street vendors and issue of Identity Cards & Vending Certificate• Development of city street vending plans• Infrastructure development of vending zones in the city• Formation of Common Interest Groups (CIGs) and

Federations• Training and Skill Development• Financial Inclusion• Access to credit• Linkages to social security schemes

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s5 NO OF TVCs in ULBs

Town Vending Committee (TVC) is to be constituted and the implementation of program rests with the TVC under the overall supervision of Municipal Council. In bigger Corporations and cities ward level/ circle level/ zonal level committees shall be constituted for effective monitoring of street vending program. ULBs with less than 10.00 lakhs population may constitute Town vending Committee at ULB level .

ULBs/Mission cities with more than 10.00 lakhs population may constitute Zonal vending committees.

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s6 STHRENGH OF THE TVC

The number of members in TVC shall be as follows:•18 members committee in all Mission cities•15 member committee in the Corporations•12 members committee in ULBs having more than a lakh population.•10 members committee in ULBs having less than one lakh population.

•Adequate representation should also be provided to the SC, ST, Women and physically challenged persons in the TVC.

•The Committee meets once in a month duly following 51% quorum and 3 clear days notice period. The resolutions shall be notified in local media with in one week of the meeting.

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s7 COMPOSITION OF THE

TVCsTown Vending Committee to be headed by the Municipal Commissioner with representation of

40% of members from Street vending community

20% from ULB and other Govt Departments (local authority, planning authority and Revenue)

10% from Police Department.

10% representatives from Banks and LIC

10% elected members of ULB ( Area/Ward Sabha representatives Or CBOs)

10% from NGOs, Professional groups ( lawyers, doctor, town planners, architects

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s8 FUNCTIONS OF TVCs

•Registration of street vendors through photo census, registration, new entrants, ID cards, registration fee and process•Collection of revenue - registration fee, Monthly

maintenance charges, fines and others•Recommending to the ULB for demarcation of vending

Zones•Eviction, relocation and Confiscation•Promotional measures ( Public Health and Hygiene,

Education and skill trainings, Credit and insurance, Social

security, allotment of space, stationery stalls, rehabilitation of child vendors etc.,)•Maintenance of records

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s9 FUNCTIONS OF TVCs

The TVC is responsible to send reports on quarterly basis to the state Nodal officer and Principal Secretary to Govt. MA&UD dept., with the following details:

No. of vending Zones/Vendors markets earmarked or developedNo. of registered street vendors and CIGsRevenue collectedExpenditure incurredPromotional and other measures under takenComplaints registered and redressed Other matter as prescribed by the State Nodal Agency.

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s10 Survey and Issue of Identity

CardsThe survey should preferably be conducted on a whole city basis.The survey must cover all street vendors in the area being surveyed. The survey in our State has to be conducted through Community Resource Person (CRP) strategy and payment of CRPs as per norms of MEPMA. Wherever the District Resource Persons are utilized, their services are also be compensated with payment policy of MEPMA and travel charges, wherever applicable. The data so collected in the survey is to be verified randomly, 10% through DRP, 5% through Town Mission Coordinator, 2% at District Mission Coordinator and 1% at Municipal Commissioner level for ascertaining the quality of data.

During the survey, the original documents pertaining to present/permanent address proof, especially in the case of migratory population may also be verified so that the Identity Cards issued to the surveyed street vendors can act as sufficient documentation for opening of their bank accounts, getting loans from banks, accessing social security benefits, etc. Generally the vendors will be of three categories ie., Stationary, Peripatric and Mobile. The ULB will issue Identity Cards (IDC) and Vending Certificates (VC) to all the surveyed/identified street vendors.

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s11 Criteria for issuing ID and VC

documents1. Ration card is mandate for issuing ID card & Vending Certificate.

2. If Ration card is with old address, Voter-card or Adhar-

card is to be furnished as residential proof documents.

3. Individual passport photo and photo of family members above 14 years, involved in street vending.

4. Declaration of the street vendor as per sec.5 of the Act.

5. Payment of fees for registration as specified by the TVC.

6. Preference shall be given to SC, ST, PWD, BC, Women of deprived & vulnerable categories, Minorities and

Destitute persons in issuing IDC and VC.

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s12 Fee structure for Registration

and renewals

S.No.

Level of ULB Fee

1 ULBs except Corporations & Mission cities Rs.1002 Municipal Corporations Rs. 2003. Mission Cities Rs. 3004. Renewal charges same as above after 3

years as validity period of VC is three (3) years

Fee structure for Registration and renewals of ID card & Vending Certificate (VC).

The State may engage an agency through an RFP following a transparent process of selection to carry out scheme of street vendors. Any proposals shall need approval of the State level Sanctioning Committee of MEPMA.

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s13 FORMATION OF CIGs

Creating an orientation among the street vendors is important to organize themselves into a common interest group in the lines of SHG s of Woman.After the formation of the groups, training should be imparted to group members about group dynamics like regular meeting, regular saving and book-keeping. CRPs, selected for the purpose are to be given proper orientation and honorarium shall be paid as per norms decided by MEPMA.

To strengthen the CIGs, Community Resource Persons (CRP) strategy is to be followed and CRPs are to be identified among SHGs in the area by following norms of CRP selection. CRPs are to be trained by District Resource Persons, who are given inputs by the State Resource. The CRPs should further create awareness among members about SEP-I, Social security schemes and other benefits.

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s14 PROCESS OF CIGs

1.Awareness on hygiene and sanitation should be spread among the vendors along with quality, fair pricing and customer relation techniques.

1. Power of Unity, Group dynamics and collective bargaining can be achieved through CIGs.

1.Grouping similar activity members 10-12 in each CIG, electing two leaders, naming the group, account opening, conduct of regular meetings, depositing savings into account, following panchasutras and book keeping.

1. Availing bank loans for working capital similar to women SHGs with regular repayment . CIGs are to be facilitated on internal lending and proper book keeping which are basis for bank linkages

1. The CIGs are to be facilitated to form their associations at circle/ town level so as to introduce self regulation and self management.

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s15 Preparation of City Street Vending Plan

The Components of City Street Vending Plan as follows:

(i) profile of street vending trades and activities;(ii) Spatial distribution of street vending activities;(iii) Earmarking of space or area for vending zones;(iv)Determination of vending zones as restriction- free-

vending zones, restricted-vending zones and no-vending zones;

(v)Estimates of holding capacity of vending zones, which is the maximum number of street vendors who can be accommodated in any vending zone;

(vi)Understanding of key challenges, constraints and issues relating to street vending; and

(vii) Possible solutions and potential street vending areas.

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s16 Uses of City Street Vending Plan

• Promote vendor friendly policies, solutions and strategies to accommodate and facilitate street vending in a manner that is conducive to street vendors and this will ensure greater acceptability of Street Vending Plans among the stakeholders.

• The plan may be developed in such a manner that no relocation or eviction of street vendors takes place. Re-location of street vendors, if required, must be based on consultation with the affected vendors.

•Based on the survey findings, the City Street Vending plan may also include a digitized or non-digitized map of vending activities, vending trades and existing markets at ward or zone level.

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s17 Infrastructure development

Infrastructure Improvement

The infrastructure requirements for vendors markets will be assessed based on consultations with street vendors and their associations, local agencies and other stakeholders and will be facilitated by the ULB. The DIP for infrastructure improvement must be prepared only after the street vendor survey for the area where the project is located, has been completed.

DIPs should contain:

(i) Project rationale, details of beneficiaries and stakeholders, how it will contribute to improved street vending in the surrounding area, and how it fits within the overall City Street Vending Plan (ii) Land ownership details(iii) Relocation plan, if any must be supported by a letter of consent from the affected street vendors and/or their association

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Infrastructure development

(IV) Specific infrastructure improvement project details with costs, including operations and maintenance plan

(v) Detailed and complete list of beneficiaries who will benefit from the project – in case the survey is not complete and will be conducted as part of the DIP, the list of beneficiaries will have to be provided upon completion of the survey and prior to commencement of infrastructure improvement. SULM may release the second installment of funds for the project, contingent on the list of beneficiaries.

(v) Safety concerns, if any, relating to fire hazard or other hazards.

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s19 Training and Skill Development

The ULB will conduct one to two days training programmes for all street vendors taking one area at a time. The aim of this program will be to orient the street vendors on aspects such as their rights and responsibilities, specific policies or laws related to street vendors, food safety, maintenance of hygiene, waste disposal, etc.

Modules for training, IEC material and workshops may be developed/organized by the MEPMA /ULB in partnership with any resource agency identified by them.

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Capacity Building & SEP – Ind.

Street vendors who undergo a training programme/workshop will be paid a daily amount as stipend for number of days attended, and calculated based upon opportunity cost of livelihood. This daily stipend should not be less than the minimum wage applicable in the State for urban areas. The training cost should also include trainer fee, food, and travel cost, subject to a maximum of Rs. 750 per person per day. Cost of conducting such specialized training programmes for the street vendors will be met from the Employment through Skill Training and Placement (EST&P) component of NULM.

Further the Street Vendors can be covered under Self Employment Program – Individual, who can start Individual Micro Enterprises with a maximum of Rs.2.00 Lakhs Unit cost.SEP-I is with interest subvention over 7% bank interest.

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s21 Universal Financial Inclusion

UFI includes opening of Basic Savings to all the identified street vendors and accounts to CIGs by providing list of street vendors to Lead District Manager Operational formalities such as availability of forms at all the branches/ extension counter of the banks, CLCs, &ULB office. Organize camps within the respective jurisdiction of banks for opening up of accounts with support of ULB field staff and Resource Organization by engaging the Business correspondents (BC) / Business Facilitators by banks as per the requirement of the city for better outreach.

Financial Literacy: The ULB will organize sessions on financial literacy for identified street vendors with support of resource organization and field staff. In these sessions the street vendors will be made aware about the savings, credit, insurance etc., along with the modalities and operational requirements for accessing the same. The banks and financial Institutions may be encouraged to communicate with the street vendors through City Livelihoods Centre (CLC), camps etc. The ULB will do the necessary coordination with the Lead District Manager (LDM) of the Lead Bank and Financial Literacy & Credit Counseling Centers (FLCCs) of the banks to organize financial literacy sessions and camps.

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s22 Access to Credit:Access to Credit:

•Access to credit to fulfill the working capital requirement of the street vendors includes facilitating access to loans to the street vendors from banks. It will also focus on facilitating access to credit cards to identified

individual street vendors to meet their working capital requirements.

• The Self Employment Program me -Individual Enterprises (SEP-I) component of NULM provides financial assistance to urban poor in the form of Interest subsidy over 7% rate of interest on bank loans for setting up individual enterprises with a maximum Unit cost of Rs. 2.00 lakhs.

Credit Card for Urban Street Vendors:

The ULB will also facilitate credit cards for eligible urban street vendors to meet their working capital and miscellaneous credit needs.

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s23 Linkage with Social Security

Schemes

In order to bring the street vendors within the ambit of social insurance and to provide coverage from risks/ uncertainties ULBs will facilitate enrolment of street vendors in insurance schemes of Government of India such as Rashtriya Swasthya Bima Yojana (RSBY) for health insurance, Janashree Bima Yojna) and Micro Insurance of LIC for Life Insurance or any state specific insurance schemes.

However, the enrolment in any insurance scheme by ULB should be as per the free will of the street vendors. The ULB will also promote awareness and facilitate enrolment of street vendors in other social security, welfare and social assistance schemes of state and central government.

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Formation process of CIGs

a).Unlike women SHG, where the members are all women, Street Vendor group- CIG, is a mixed group of male and female members since more than 50 per cent of the vendors as per data happen to be male vendors.b). Location of vending is the basic criteria for group formation.c). In case of SHG formation, slum residence is the main criteria for group formation whereas in case Street Vendor group, cluster area is the main criteria. d). 10 to 15 vendors, operating in a particular area of vending in a town, should be formed into a SHG of vendors . e)possibly, similar activity, which can be ascertained after profiling, can be preferred and the members with similar vending or close similarity will be taken as members while forming CIG.f) 10 to 15 CIGs of street vendors will be formed into Area/ Territory Level Association in the lines of a SLF. g). All CIGs of street vendors can formed into the Town Level Association in the lines of TLF.

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RELOCATION AND EVICTION

OF STREET VENDORS   1. The local authority can 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 by issuing notice as per act, and the same process has to be followed and the appeal of vendor shall not be disposed without hearing the vendor.

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 by issuing notice as per act, and the same process has to be followed and the appeal of vendor shall not be disposed without hearing the vendor.

3. 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.

4. A street vendor shall be relocated or evicted by the local authority physically 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.

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s26 Seizure of

Goods 1. If the street vendor fails to vacate the place

specified in the certificate of vending, after the lapse of the period specified in the notice given under sub-section (3) of section 18 of the act, 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: Provided that where any such seizure is carried out, a list of goods seized shall be prepared 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) of sec.19 of the act may, reclaim his goods after paying such fees of Rupees Two hundred and fifty only: Provided that in case of non-perishable goods, the local authority shall 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.

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Thanking You All