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Posted by on Jan 14, 2014 in Street Vendors Act |

Street Vendors Bill (Part I)

­The purpose to enact this bill is to increase income of street vendors, to protect rights of street vendors (from police etc.) and to provide convenience to public by regulating street vending at all suitable places. The bill aims to secure rights of citizen for adequate means of livelihood under article 14, 19(1), 38(2), 39(a, b) of the constitution. The SC (1989) ruled that street vendors have fundamental right to carry out business subject to regulations.

Preliminary

  • No provisions of this act shall apply to property/premises of railways under Railways Act, 1989.

Town Vending Committee (TVC)

  • Every local authority shall constitute at least one TVC in respective area as per rules or manner decided by appropriate govt. Also appropriate can provide rules to constitute one or more TVC if deemed necessary.
  • Each TVC shall consist of:-
    • Chairperson  – Municipal Commissioner ;
    • At least 40% member among Street Vendors (1/3 shall be women or due representation to SC,ST, minorities, OBC, person with disability etc.) elected by vendors themselves;
    • At least 10% members shall be nominated among NGO, community organisations etc;
    • Such number of members as prescribed by appropriate govt among local authority, police etc.

Regulation of Street Vending

  • The TVC shall conduct a survey of existing street vendors at least once in a 5 year to accommodate vendors in vending zones with a norm confirming that 2.5% of population of ward/zone/city as per planning and holding capacity of vending zones.
  • No person shall be evicted/relocated till survey is completed.
  • The TVC shall issue a Certificate of Vending to every street vendor (>14 yrs) identified under survey as per terms & conditions specified in scheme. But if number of persons are > holding capacity then TVC can issue certificate by draw and remaining can accommodate in nearby vending zones.
  • The street vendor shall give undertaking that :-
    • The vending business shall carry out by himself or any of his family members.
    • He doesn’t have any other means of livelihood.
    • He shall not relocate to other place in any manner including rent.
  • Ifstreet vendor has certificate dies or suffer from disability then any family member in order of priority such as spouse, dependent children can carry out vending business till validity of certificate.
  • Every Vendor who has been issued certificate shall pay such vending fees as prescribed in scheme. Also every certificate includes day & timings of carry out business and period of validity.
  • The TVC can cancel/suspend certificate of any street vendor if he breaches any of condition of regulation of this act or scheme but TVC have to give an opportunity to street vendor to hear his views.

·         If street vendor has certificate dies or suffer from disability then any family member in order of priority such as spouse, dependent children can carry out vending business till validity of certificate.

·         Every Vendor who has been issued certificate shall pay such vending fees as prescribed in scheme. Also every certificate includes day & timings of carry out business and period of validity.

The TVC can cancel/suspend certificate of any street vendor if he breaches any of condition of regulation of this act or scheme but TVC have to give an opportunity to street vendor to hear his views.

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