GOVERNMENT
OF NATIONAL CAPITAL TERRITORY OF DELHI STREET VENDORS (PROTECTION OF LIVELIHOOD
AND REGULATION OF STREET VENDING) SCHEME, 2019
PREAMBLE
In exercise of the powers conferred by
Section 38 read with sub - clause (ii) 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) and in supersession to the scheme
notified vide No. F. No. 13(4)2011/UD/MB/2014/6988 dated 07 January, 2016
except as respects things done or omitted to be done before such supersession,
the Government of National Capital Territory of Delhi hereby makes the
following scheme, namely:--
1.
PRELIMINARY:
(I)
This
scheme shall be called the Government of National Capital Territory of Delhi
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Scheme, 2019.
(II)
The
provisions of this scheme shall come into force from the date of its
publication in the Delhi Gazette.
(III)
The
meaning and interpretations of street vendors, vending zone, scheme for street
vendors, Town Vending Committee (TVC) and its function and other related
matters shall be as per the Street Vendors (Protection of Livelihood And
Regulation of Street Vending) Act, 2014 and the Delhi Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Rules, 2017.
(IV)
The
objective of this scheme is to provide and to promote a supportive environment
for street vendors to carry out their vocation in accordance with the Act and
Rules.
(V)
The
street vendor scheme may be amended by the Government as and when the need
arises after due consultations with the Local Bodies and the Town Vending
Committee (TVC).
CHAPTER 1
1.1 The manner of conducting survey of Street
Vendors:
(1.1.1) The Town Vending Committee (TVC)
shall, with the assistance of the Government/local bodies, conduct and conclude
a comprehensive digitized photo census/survey of all vendors and GIS mapping of
all existing street vendors within the area under its jurisdiction within a
period of three months from the date of order by TVC, and subsequent surveys
shall be carried out after every three years. No existing vendors may be
relocated or evicted until the completion of survey activities described below.
(1.1.2) The TVC shall conduct, monitor,
supervise the survey and carry it out by undertaking comprehensive digitized
photo-biometric census, GPS/GIS mapping of the existing stationary and other
vendors with the assistance of local bodies/professional organizations/experts/NGOs.
At least 60% of elected TVC representatives must be present at the time of
survey and the TVC shall designate Lead Surveyors responsible for the
completion of digital data collection from each surveyed person.
(1.1.3) The TVC may engage an agency through
an open transparent process of selection to assist in the survey of street
vendors and may also utilize alternative methods of data gathering through
community participation or with the support of NGOs/RWA/MTAs.
(1.1.4) The survey teams will collect primary
data via the registration form, viz.: name of the street vendor, gender, age,
date of birth place of birth nature of trade/vending, mode of vending, hours of
vending, nature of storage of goods, parentage, spouse names, dependent children,
place of vending, period since vending based on justifiable documentary
evidence, address (present and permanent), contact number of the existing
vendors, special status of vendor as person with disability or women, proof of
vending including Court orders if any, identity proof (if any), application
forms for remaining data. The survey teams will also collect all digital data
at the time of survey, namely, GIS coordinates and boundaries of primary
vending location, facial recognition signature, biometric scan of iris,
fingerprints, etc. The Local Body must collect data in a form that conforms to
"Annexure-A"
(1.1.5) The survey form/application for
registration shall conform with the sample provided in Section A of
"Annexure A" attached and will be computer generated with Unique
Record ID (URI) number. The URI number shall be mentioned in the Acknowledgment
Receipt to be issued on the spot at the time of data collection, also in
conformance with Section C of "Annexure A". The survey application form/registration
may be done by the team/experts members nominated by TVC etc. at site during
the survey. During the survey, the survey form shall be filled by the officials
on the site/spot taking therein the details and necessary documents.
(1.1.6) The Government may, with the relevant
data available with it, verify the validity of the survey data thus obtained by
the TVCs.
(1.1.7) The data gathered transparently under
the survey will be digitized using latest technologies including smart
phones/tablets, GPS and cloud-based services. Digital data including GIS
coordinates; photographs/videography, biometrics etc will be uploaded to a
central digital location in real time. Physical survey forms/application forms
used shall be digitized, that is, be issued with Unique Record ID (URI) numbers
and barcodes, and digitally scanned by surveyors to a central, secure digital
location. The Acknowledgement Receipt given to surveyed persons at time of
survey shall include the unique record number or barcode that shall allow surveyed
persons to access their digital records as long as is necessary.
(1.1.8) No surveyed person may be denied an
Acknowledgement Receipt either if they fulfill the conditions of eligibility
prescribed under Sec. 2.1.1 and have been observed vending, or if they possess
evidence of being genuinely recently engaged in street vending under Sec.
1.1.12
(1.1.9) The Lead Surveyors responsible for
data collection shall on the spot issue an acknowledgement bearing URI and
Barcode for reference purpose. The surveyed vendor's signature and thumb
impression will be obtained.
(1.1.10) The service fee for data collection
and generation of an Acknowledgment Receipt shall be set by the Local Body at
no more than Rs. 20.
(1.1.11) Local Body TVC shall also designate
a Facilitator or Facilitation Service Provider from among its members, NGOs,
vendor associations or other agencies nominated by the TVC, to provide
assistance to the street vendors to complete the registration form.
(1.1.12) Surveyed persons shall provide
evidence of being genuinely engaged in street vending, such as Festival
Receipts, Tokens, Challan(s), Traffic Police Challan(s)/Police Challan or any
Receipt of Fine or Fees, or Certificates issued by Local Authorities, or any
documents that are attested by the relevant RWA or Market Association as
conferring such rights.
(1.1.13) Surveyed persons shall be primarily
responsible for the veracity of information provided. Except in cases of errors
of data entry or collection, any information found by the TVC to be intentionally
false, incorrect or misleading shall constitute a cause for non-issuance or
cancellation of a Certificate of Vending.
(1.1.14) The Lead Surveyor shall issue on the
spot an Acknowledgement Receipt bearing Unique Record ID (URI) and Barcode for
reference, as well as the address of a website where collected details can be
accessed. In case of incomplete records, the Acknowledgement Receipt will be
issued along with printed details of the date(s), location and procedure for
updation/completion of records.
(1.1.15) Data collection from the field shall
be completed no later than 180 days of declaration of survey by the TVC.
Completed records shall be made available online against the URI within 7 days
of data collection. A review period of 21 days from the date of the end of
field surveys shall be available to all surveyed persons to submit complete
records for scrutiny before the TVC, or to correct any errors in the manner
prescribed on the Acknowledgement Receipt.
(1.1.16) At the end of the review period, the
TVC in consultation with the Local Body will analyze completed applications and
compile a list of surveyed persons who will receive a Certificate of Vending,
based on terms outlined in Chapter 2 and 8, no later than 30 days from the end
of the review period. The list of recipients of a Certificate of Vending shall
be published in compliance with Chapter 3 of this Scheme. The terms and
conditions subject to which the COV may be issued or denied are laid out in
Chapter 2 of this scheme.
(1.1.17) Surveyed persons denied a
Certificate of Vending shall be notified via post to their correspondence
address, as well as through the web portal where completed survey records have
been made available against the URI of the Acknowledgement Receipt.
Notifications sent shall include the specific reasons for denial. Both those
denied a Certificate of Vending and those wishing to update their records shall
be provided written details on remedies available, including the dates, times
and locations where the TVC will hear applications for corrections to records,
objections and other claims.
(1.1.18) Any person, having any
claim/objection to the street-vending application received or information
provided by any applicant may file his/her claim/objection to the TVC within fifteen
days of the date of publication on the official website of the Local Body. The
Government and Local Body may also through their officer/staff, or through any
other means, verify the details given by the Vendor in the application
submitted by him. The TVC shall take a decision in the matter within a period
of 30 days after receipt of objection/claim or receipt of any adverse
information from the Government/Local Body.
(1.1.19) Neither the TVC nor the Local Body
may charge a fee to hear objections to erroneous records or other objections to
the Survey or Denial of Provisional Registration or Certificate of Vending.
(1.1.20) The issue of an Acknowledgement
Receipt of surveying of a street vendor shall not confer upon them any right to
vend or squat. The permission/certificate to squat/vend will be decided by the
TVC in consultancy with the local body as described in Section 1.1.16.
(1.1.21) The TVC shall establish an
application process for any vendor who seeks to have their trade recognized
between two consecutive surveys, consistent with the process of verification
described above, and publish the same on the website and outside the office of
the TVC and Local Body.
1.2 The period within which certificate of
vending (COV) shall be issued to the street vendors identified under the
survey:
(1.2.1) The Certificate of Vending (COV) will
be issued within 30 days of the end of the review period, that is, no later
than 5 months from the initial declaration of survey by TVC.
CHAPTER 2
(2.1) The terms and conditions subject to
which a Certificate of Vending (COV) shall be issued to a street vendor
including to those persons who wish to carry on street vending during the
intervening period of two surveys:
(2.1.1) The eligibility conditions for
registration as street vendors and subsequent issuance of Certificate of
Vending are as under: -
(a)
The
Vendor should be a citizen of India, qualifies the minimum age criteria as
prescribed in the provisions of the Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Act, 2014.
(b)
The
vendor must be a registered voter of National Capital Territory of Delhi. If
the vendor's age is below 18 years, the vendor must provide acceptable evidence
as a Resident of Delhi.
(c)
The
Vendor should not have been granted a permanent or long-term Certificate of
Vending (COV) by any other Local Body of Delhi including temporary, weekly
bazaar and festival vending. Family members of surveyed persons should not
should not have been granted certificate of vending (COV) including temporary,
weekly bazaar and festival vending. Family of the vendor shall constitute the
vendor's spouse and dependent children.
The local bodies shall share the data of the
vendors for authentication of above information
(2.1.2) A Certificate of Vending will be
issued subject to fulfillment of conditions mentioned in Chapter 1 and Section
2.1.1 above.
(2.1.3) A COV shall be issued in the name of
the registered street vendor (individual only) and shall be non transferable-
except in the case of incapacity, insanity or demise of the registered vendor.
(2.1.4) The vendor must comply with the
vending hours and zones that shall be determined by the TVC and the Local Body.
(2.1.5) The vendor shall not erect any
temporary/permanent structures/construction of any kind at the site of vending.
The vendor shall keep all wares confined to allocated space. No projections,
extensions shall be protrude from the site of vending. However, vendors may use
structures for weather protection including umbrellas/frames which are not
permanently fastened to the ground or wall.
(2.1.6) The registered street vendor shall
furnish an undertaking to the effect that -
(a)
The
vendor shall carry on the business of street vending himself or through spouse
or dependent children only;
(b)
The
vendor has no other means of livelihood;
(c)
The
vendor shall not transfer in any manner, whatsoever, including rent/lease the
COV or the place specified therein to any other person;
(d)
The
vendor does not currently carry a communicable disease, or if a carrier of a communicable
disease, provide a certification from a competent medical authority that
treatment for the same is underway, and the expected completion date of
treatment
(e)
The
vendor shall maintain cleanliness and public hygiene at the vending site/zones
and adjoining area;
(f)
The
vendor shall pay periodic charges for the civic amenities and facilities
provided in the vending zone as determined by Local Body in consultation with
TVC or the Government from time to time; and
(g)
The
vendor shall not carry out any vending in non-vending zones or beyond
permissible days and timings as announced by the Local Body in consultation
with the TVC
(2.1.7) The Registered Vendor who has been
issued COV shall be required to pay a monthly vending fee under this scheme as
mentioned at Section 4.1 which may be further enhanced by the TVC in
consultation with the Local Body from time to time, pursuant to the processes
outlined in therein.
(2.1.8) Vendors may be liable for additional
fees as may be approved by the TVC in consultation with the Local Body, in the
manner prescribed and subject to the restrictions prescribed in Section 4.2.
(2.1.9) A vendor shall not transfer in any
manner whatsoever, including sell or rent or lend, the certificate of vending
to any other person. The vendor shall not sublet the vending site assigned.
(2.1.10) The vendor shall, in case of
incapacity of the vendor due to health or other reasons, satisfy the TVC with
an intimation within 30 days to permit an adult family member (spouse or
dependent child who has attained an age as prescribed in the provisions of the
Street Vendors (Protection of Livelihood And Regulation of Street Vending) Act,
2014 of the Vendors household), to vend from the vending site listed in the
COV.
(2.1.11) The right to restrict, evict and relocate
a vendor with a COV shall vest with the TVC. The vendor shall comply with the
actions taken in accordance with processes outline in Chapter 6.
(2.1.12) The Vendor shall keep prominently
display a copy of COV at the vending site and the original document shall be
produced before the TVC when so requested.
(2.1.13) The Vendor shall keep the place of
vending and 1 meter in all accessible directions clean. The vendor shall keep
and deploy waste bin next to his place of vending for the purpose of collection
of any waste generated from vending, to be cleared daily by the Local Authority
directly or by designating a waste pickup zone cleared daily no more than 500m
from the place of vending.
(2.1.14) Vendor shall not dump any waste in
drain, roadside, open areas or any other unauthorized place.
(2.1.15) The vendor shall not encroach upon
non-hawking zones or exceed beyond permissible vending areas as delineated in
the process defined in Section 8.4. The space for vending shall be compliant
with the restrictions outlined in Section 8.5.
(2.1.16) The Vendor shall make all reasonable
efforts not to hamper the free movement of pedestrian and traffic in any way.
Vendor shall operate from the edge of the road/street (if vending from a
street) and shall not cause any obstruction to smooth movement of traffic or
pedestrians or non-motorized vehicles. The vendor shall clearly display a 'No
Parking' sign if customers are found to park in unauthorized zones near the
place of vending.
(2.1.17) The vendor shall not sell obnoxious,
hazardous and polluting items. It is to be ensured that the quality of product
and services provided to the public is as per the standards of public health,
hygiene and safety laid down.
(2.1.18) The street vendor shall not carry
out any unauthorized/illegal activity
(2.1.19) The vendor shall not occupy or stop
at any place that is prohibited for street vending. Mobile vendor shall not
stop for a period of more than 30 minutes, or another time limit as may be
decided by the TVC, at any place within hawking zone/vending zone. The vendor
shall not stop or vend in the non-vending zone
(2.1.20) The vendors shall not block the
footpath or carryout vending on roads. Walkway on footpaths should be
maintained in front of the vending counters/stalls.
(2.1.21) A certified vendor shall act in
accordance with the terms and conditions set out above. A Vendor will only be
said to be in violation of these terms once the TVC has scrutinized the
evidence placed before it and passed a written notice on the extent of fines,
or suspension or cancellation of the COV, in the manner prescribed in Section
5.1.
(2.1.22) COV may also be cancelled or
suspended on the basis of violations specified in Section 5.1.
CHAPTER - 3
3.1 The form and the manner in which the
certificate of vending may be issued to a street vendor:
(3.1.1) Allotment of the COV shall be
announced by the Local Body on the notice boards of the relevant TVC and the
Local Body, in addition to publication on the website of the Local Body on the same
date as per Annexure 'B'
(3.1.2) The COV shall be dispatched to the
Vendor through Registered Post/Speed Post to the correspondence address
declared by him/her in the application. All COV holders shall be provided
access to a website where an electronic copy of the COV shall be available at
all times.
3.2 The form and manner of issuing identity
cards to street vendors:
(3.2.1) The eligible persons who have been
issued the Certificate of Vending (COV) shall be issued identity card or
similar biometric-smart card having Unique ID, Barcode, Date of registration,
Vendor Name, Address, category of Vendor, Photograph of vendor, Nature of
Business, Days/Hours of Vending, nominee's name, vending location etc. as per
Annexure "C".
(3.2.2) Loss/damage of identity
card/biometric smart cards shall be reported by the vendor to the TVC within a
period of thirty days. The Vendor shall make a application for issue of
duplicate identity card/smart card to the TVC with a fee of Rs. 200/- and a
duplicate Identity Card/smart card shall be issued to the Vendor within a
period of thirty days from the receipt of the date of application. Same
conditions shall be applied in the eventuality of Identity Card being damaged.
The loss of identity card should be reported to the Local Police. The damaged
identity card shall be deposited to the Local Authority along with the
application for issue of duplicate.
(3.2.3) A database of all street vendors
registered will be maintained by Local Bodies and accessible to the TVCs, which
can help in verifying the particulars of a street vendor from database of other
local bodies for detecting any duplications of claims of vending and if already
covered under any beneficiary scheme/survey.
3.3 The criteria for issuing certificate of
vending to street vendors
(3.3.1) The certificate of vending shall be
issued to a registered street vendor in compliance with Section 2.1.1.
(3.3.2) The allotment of vending space shall
be subject to demarcation of vending zones pursuant to Section 8.5, available
vacancies on time-sharing basis and holding capacity.
(3.3.3) In case the number of applicants
exceeds the available number of vending spaces determined, or exceeds 2.5% of
the total population, the allotment will be made by seniority, that is, based
on descending order of duration of vending activities at the current site,
subject to categorical reservations described in Section 6.2. For a single
vending site, allotment amongst the registered street vendors shall be made by
draw of lots in case of over subscription.
(3.3.4) The preference shall be given to
Persons with Disability and Women in accordance with Section 6.2.
(3.3.5) The vendors who could not be issued
COV as per their first choice shall be accommodated, subject to availability,
from a list of locations ranked in order of vendor preference, to avoid non-
issuance altogether.
(3.3.6) Not more than one member of a family
(consisting of spouse and dependent children) be given a Certificate of
Vending.
(3.3.7) The area/street where temporary vending
is to take place will be notified by the TVC as outlined in Chapter 8.
(3.3.8) Categorization, demarcation and
holding capacity of vending zones shall be decided by the Local Body in
consultation with the TVC as outlined in Chapter 8.
(3.3.9) A Certificate of Vending will be
subject to limited renewal in accordance with Chapter 4.
(3.3.10) The Local Body shall maintain an
updated waiting list for oversubscribed vending zones for consideration in case
of future availability of holding capacity. Such a waiting list shall be made
available to applicants online.
CHAPTER - 4
4.1 The vending fees to be paid on the basis of category of
street vending, which may be different for different zones:
(4.1.1) The vendor shall pay the vending fee on monthly
basis and shall submit the vending fee, in advance, by 10th of every month at
the Community Service Bureau Counter of the respective zone/area. And if 10th
day of the month is a Public Holiday then by the next working day.
(4.1.2) Penalty will be charged @1% simple interest of the
monthly vending fee, charged fortnightly on the 15th and last day of the month.
If nonpayment continues for more than 6 months, the Certificate of Vending of
street vendors shall be liable to be suspended or cancelled by the local body,
as outlined in 5.1.
(4.1.3) The TVC may categorise the vending space in a
vending area/zone as per the classification of property tax and fix the monthly
vending fee as below:-
|
Category
|
Vending Fee (Rupees per month)
|
|
|
Static Vendor
|
Mobile Vendor
|
Other Vendor
|
|
|
|
Mobile Vendor and Weekly market Vendor
|
Peripatetic Vendor
|
Temporary Vendor (Festival/Mela Occasions)
|
|
A
|
3000
|
1200
|
500
|
1500
|
|
B
|
2500
|
900
|
400
|
1000
|
|
C
|
1500
|
500
|
400
|
750
|
|
D
|
1000
|
400
|
350
|
650
|
|
E
|
300
|
300
|
200
|
400
|
|
F
|
250
|
250
|
150
|
300
|
|
G
|
200
|
200
|
100
|
300
|
|
H
|
150
|
150
|
50
|
150
|
(4.1.4) The vendor operating in different Categories of
colony/area shall have to pay the fee as per the category defined by the Local
Body in consultation with the TVC.
(4.1.5) In case of relocation, the street vendor shall not
be liable for the license fee of new site/space as per its category of colony
for the first three months. The vendor will be liable for fees from the fourth
month and thereafter for the remaining period of validity of COV.
(4.1.6) The TVC shall have powers to enhance the vending
fee from time to time; or prescribe special vending fee for special areas which
shall be notified after prior approval of the Government. In case of upper
limit of the category fixed in 4.1.3 of the vendor is to be enhanced, the prior
approval of the Government is required.
(4.1.7) A rebate of 50% shall be allowed in case of vendors
with Disabilities and Widow Women Vendors. A rebate of 25% shall be allowed in
case of Women Vendors.
(4.1.8) Recovery of arrears of vending fee: In case a
street vendor fails to pay the vending fee by the due date, the TVC may
initiate proceedings for recovery of vending fee as per the following
procedure:
(a)
A notice of demand shall be served by
the Officer designated/TVC as may be designated by the concerned TVC upon the
vendor for payment of the vending fee plus the delay charges by the date
specified in the notice, or to show sufficient cause of failure.
(b)
If the vendor shows sufficient cause
for failure, the TVC shall do a summary inquiry into the cause and shall
proceed accordingly under intimation to Local Body.
(c)
The TVC may take action, which may
inter-alia include - confiscation of goods/wares and other items, release of
confiscated goods (if any); initiation of cancellation proceedings, etc.
4.2 The manner of collecting fees
(4.2.1) Banks may be designated to collect fee which will
be subsequently remitted to the Local Body.
(4.2.2) Vending Fee shall also be payable at designated
location of the Local Body.
(4.2.3) Local Body may make alternate arrangements as and
when required.
(4.2.4) Provision for online payment of fees will also be
made through different mediums (electronic card gateways, Net Banking and
Mobile Banking, Mobile Wallets, etc).
(4.2.5) Fees can be collected by an representative and
deposited on behalf of the street vendor.
(4.2.6) Each TVC may create a physical space to receive
payments in any market under their area/zone.
4.3 The period of Validity of Certificate of Vending
(4.3.1) The validity period of a COV shall be initially for
five years from the date of its issuance subsequent to which it shall be
renewed every five years, subject to compliance with eligibility criteria and
no violations of the vendor under the Act/Rules/Scheme. The transfer of COV to
legal heirs shall not be construed as a fresh COV and the validity shall remain
from initial issue to the original vendor.
4.4 The period for which and the manner in which a
certificate of vending may be renewed and the fees for such renewal:
(4.4.1) A COV will be renewed for a period of five years
from the date of initial issue, subject to non-violation of the provisions of
the Act/Rules/Scheme.
(4.4.2) The registered street vendor shall apply for
renewal of COV at least three months prior to its expiry to the TVC/Local Body.
(4.4.3) The officer designated by the TVC/Local Body shall
receive the certificate of vending for renewal under an acknowledgement and
receipt to the Vendor.
(4.4.4) The renewal shall be carried out by making
endorsement on the Certificate of Vending (COV) by the designated officer after
verification by TVC and the renewed COV will be delivered to the vendor either
in person or dispatched to the residential address as provided in the
application form and will also be made available online.
(4.4.5) Renewal fee payable by the street vendor shall be
the fee equivalent to 20% of one month's fee prescribed for the area/zone
payable at the time of submission of application for the renewal.
(4.4.6) The renewal of COV issued for to a street vendor
shall be for five years at a time.
(4.4.7) Any person, having any claim/objection regarding
the application for renewal received or information provided by any applicant
may file his claim/objection to the TVC within 30 days of the date of receipt
the application. The TVC, through its members, or through any other means may
also verify any application received at any point of time, claims/objections
received as above shall be taken into consideration and decided before the certificate
of vending is renewed.
(4.4.8) The process of COV renewal should be simple,
clearly publicized and all the objections against the vendors must be heard and
considered during the process.
CHAPTER 5
5.1 The manner in which the certificate of
vending may be suspended or cancelled:
(5.1.1) The designated officer (as designated
by the TVC) may suspend or cancel the Certificate of Vending (COV) on
following, among other grounds: -
(I)
Unauthorized
change of vending site;
(II)
Non
- payment of dues;
(III)
Street
vendor found to be suffering from infectious disease and has not been able to
provide a certification from a prescribed medical authority that they are
undergoing treatment for the disease and do not pose any risk of infection to
others;
(IV)
Extension
of vending site more than the permitted space;
(V)
Misrepresentation
in the application for grant of Certificate of Street Vending; and VI. On
conviction for an offence including moral turpitude and violation of other
terms and conditions.
(5.1.2) The process of suspension or
cancellation shall be carried out by the TVC. Non payment of dues will not be
the sole criteria for suspension/cancellation of COV, the TVC shall proceed
consistent with 4.1.8. The TVC may further evaluate the case of street vendors
with infectious disease based on the medical undertaking provided by the street
vendor and make recommendations for suspension/cancellation of COV.
(5.1.3) Should any street vendor who has been
issued a registration and/or COV under the Act commit breach of any of the
conditions above or any other terms and conditions specified for the purpose of
regulating street vending under the Act/Rules/Scheme or where it comes to the
notice that such registration and/or COV has been secured by the street vendor
through misrepresentation or fraud, or non-payment of vending fee continuously
for six months or on conviction of a criminal offence including moral
turpitude, the TVC shall conduct a preliminary enquiry before
suspension/cancellation of the COV.
(5.1.4) The TVC shall provide an opportunity
of being heard to the vendor during the preliminary enquiry and may forgive
arrears if satisfied of exceptional circumstances as defined under clause
4.1.8.
(5.1.5) The preliminary enquiry shall be
summary proceedings. If the TVC is satisfied that the COV has been secured by
the street vendor through misrepresentation or fraud, the TVC shall give
written notice/warning to the vendor. The vendor shall be so intimated twice,
before the 15th and 30th day of notice, and if no reply is received, the
certificate shall stand suspended and the vendor will be called to attend a
hearing. If after the hearing, the TVC is satisfied that the COV was obtained
through misrepresentation or fraud, the TVC may cancel the certificate along
with a written explanation of why the cancellation has taken place and submit
the report to the Local Body. For any other violation of the conditions of
street vending, or any other terms and conditions mentioned in the
Scheme/Rules/Act/Byelaws, the TVC shall give a written warning/notice to the
vendor and if the vendor continues to violate even after the stipulated time
mentioned by the TVC in the warning/notice, then a fine shall be imposed which
will be determined by the TVC.
(5.1.6) The TVC shall consider the report of
the Designated Officer and, after providing the street vendor opportunity of
being heard, take a decision on cancellation/suspension or otherwise of the
registration and COV.
(5.1.7) In case of minor violations, the TVC
may impose fine upto Rs. 1500/- and/or issue warning instead of recommending
cancellation or suspend the COV for a period as may be necessary to regulate
such violations.
(5.1.8) The TVC shall constitute a woman-led
committee to hear offenses under the Domestic Violence Act, 2005, Sexual
Harassment of Women at Workplace Act, 2013 and the Indian Penal Code regarding
harassment of women. This committee shall send its report to the Delhi
Commission for Women based on the complaints received. If the vendor is
subsequently found guilty, the TVC shall initiate proceedings to suspend/cancel
COV of the street vendor.
CHAPTER-6
6.1. The categories of street vendors.
(6.1.1) There shall be following categories of vendors:
(I)
Static/Stationary Vendors
(II)
Mobile Vendors or Peripatetic Vendors
(III)
Others (Daily/weekly/festival/fair
market/temporary etc. as may be categorized by Local Body in consultation with
TVC) The TVC may also recognize new forms of vendors and markets as
appropriate in the area served.
(6.1.2) Static Vendors means those who carry out vending
from a single place/location throughout the day, without establishing a fixed
structure (temporary or permanent) at the place of vending.
(6.1.3) Mobile or Peripatetic vendors means those vendors
who carry out vending on foot including those who carry baskets on their
heads/slung on their shoulders. Mobile vendors also includes vendors who move
from place to place vending their goods or services on pushcarts, bicycle or
mobile units on motorized wheels.
(6.1.4) Weekly Bazaar Vendors means vendors who participate
in weekly bazaars and sell their goods/services in weekly Bazaars.
(6.1.5) Temporary Vendors means vendors who in normal
course do not perform street vending, but on special occasions and seasons,
such as festivals or fairs, vend their wares as street vendors for a short
period.
(6.1.6) Night bazaar vendors means a vendors who vends in a
designated night bazaar during the period notified by the local body in
consultation with TVCs.
(6.1.7) The Local Body in consultation with the TVCs shall:
(a)
allocate sufficient space for
temporary 'Vendor Markets' e.g. Weekly haats, Rehri markets, night bazaars,
festival bazaars, food streets/street food marts at suitable locations whose
use at other times may be different e.g. public parks, exhibition grounds,
parking lot, etc. keeping in view demand for services of the vendors;
(b)
Establish vending timing restrictions
in accordance with the need to ensure non congestion of public
spaces/maintaining public hygiene
(c)
Ration hawking space to be resorted if
street vendors numbers exceed the space available, with priority must be given
to vendors based on length of time vending in the current location as defined
in section 3.3.3.
(d)
Ensure ample parking area for expected
vehicular traffic and for mobile vendors to store vehicles and wares at night
on payment of prescribed fee.
(6.1.8) No vendor shall be entitled for
registration/issuance of COV for more than one category of vending.
6.2 The other categories of persons for preference for
issue of certificate of vending:
(6.2.1) Preference in issue of COV may be given to the
following categories:
(a)
Persons with Disability: Allotment of
3% of the vending sites in all categories, the preference allotment of 3% in
above category shall be available on production of Disability Certificate (with
photograph) issued by Competent Govt. Medical Authorities as defined in the
relevant Act in force.
(b)
Women: 1/3rd of vending sites in all
categories, with first preference to widows
(c)
Preference will also be given to
applicants in BPL category.
6.3 The public purpose for which a street vendor may be
relocated will be decided by the TVC and the manner of relocating street
vendor:
(6.3.1) A street vendor who has been issued a COV shall be
relocated only under exceptional circumstances and upon declaration of a
vending zone or part of it to be a non-vending zone for public purposes like
development project in public interest, security concerns, traffic congestion,
spread of epidemic and natural calamity/other health reasons, cleanliness of
area or any other valid reason.
(6.3.2) To the extent possible, the affected street vendor
may be adjusted in same or nearby vending zone and also under the same type of
vending as specified in COV subject to availability of vending space at the
alternate site.
(6.3.3) For relocation from the place specified in the COV,
the TVC shall issue written intimations to the affected vendor by
Speed/Registered Post to the Vendor's Correspondence Address, before the 15th
and 30th day after the decision is made, providing at least three alternative
sites in the same or nearest available vending zone. If three alternate
locations under the same type of vending as specified in the COV are not
available, the affected street vendor may be given the choice of other categories
of street vending. Should more than one vendor choose the same relocation site,
the site shall be awarded by draw of lots and second alternative site to be
allotted to other vendor who does not get the chosen site as provided under
sub-section (3) of section 4 of the Act.
(6.3.4) On or before the expiry of notice period, the
street vendor shall give in writing to the TVC his/her choice from the
alternates made available. If the street vendor fails to give the choice, the
TVC will issue the relocation order mentioning the new vending site/space, as
deem fit and also fine upto Rs. 250 per day for overstay and failure to vacate
the site in time, if any.
(6.3.5) Relocation shall only happen if the existing space
of vending is required to be used for any public purpose. Following is the
process to be followed before existing vending space can be utilized for a
public purpose:
(a)
The local authority shall justify to
the TVC the use of the space for public purpose in writing.
(b)
The TVC shall conduct a social impact
assessment covering loss of livelihoods and loss of access to services and
communicate the same to the local authority within 15 days.
(c)
The local authority may evaluate
impact and decide whether the public purpose is still viable. If the local
authority decides to move ahead, it shall communicate the same to the TVC, who
will then deliberate on the matter in consultation with the impacted vendors,
identify a spot for relocation where the vendors will have the same level of
business or more.
(d)
The same shall be communicated to the
local authority within 15 days
(e)
The local authority shall support the
TVC in providing facilities at the identified alternative vending zone.
6.4 The manner of evicting a street vendor.
(6.4.1) In principle, no street vendor must be evicted from
the site of vending without prior notice and rehabilitation plan. In case of
relocation, the street vendors must be rehabilitated in the nearest available
vending zone approved by the TVC.
(6.4.2) A street vendor whose certificate of vending has
been cancelled, or whose notice period in case of relocation has expired or who
does not have a certificate of vending and vends without such certificate may
be given 30 days notice (additionally, reminder notice on 15th day) to vacate
the site and not to vend. In case no response has been received after the two
notices, the notice will be pasted conspicuously in the vendor(s) place of
vending. The notice for eviction must contain the justification for eviction as
also the procedure to appeal against the eviction.
(6.4.3) Reply of the vendor -
(a)
The TVC shall consider the vendors
oral submissions and take a decision on whether a street vendor is required to
be evicted.
(b)
In case of a decision to evict, the
vendor shall be provided a detailed rehabilitation plan, and asked to vacate
the site by removing any goods within 15 days.
(c)
Should the vendor not vacate the site
within 15 days, goods shall be seized in compliance with 6.3 No seizure of
goods are permitted without giving prior notice, as mentioned above. No
physical harassment of the vendor will be entertained by police or the local
body.
6.5 The manner or giving notice for eviction of a street
vendor:
(6.5.1) Notice for eviction may be given preferably in
local language which can be easily comprehended by the vendor and in case
street vendor is illiterate, violations detected and mentioned in the notice
can be informed verbally.
(6.5.2) In case, the vendor refuses the service of notice
or the service is not practically possible, the notice shall be pasted at the
conspicuous place in the area of vending and on doing so, the notice shall be
deemed to be served.
6.6. The manner of evicting a street vendor physically on
failure to evict:
(6.6.1) In case the vendor fails to vacate the site after expiry
of the notice period, if any the goods, wares and articles shall be confiscated
and removed, including the cart, containers and stands and the structure made
by the vendor on the public place shall be demolished, after giving a further
notice of 3 days for safely removing the structure. No evictions may take place
until the completion of survey activities described in Chapter 1
(6.6.2) Photographs of the site/spot before and after the
removal action shall also be taken and a report to be submitted to the TVC.
6.7 The manner of seizure of goods by the local authority,
including preparation and issue of list of goods seized:
(6.7.1) The designated officer shall make an objective
assessment of the goods/wares seized, in consultation with the vendor.
(6.7.2) The list of goods seized will be prepared in
duplicate, which will be verified by the vendor and duplicate copy of the list
will be issued to the vendor. The list of goods seized will also be
authenticated by a TVC member and a witness. The copy of the goods seized shall
mention the name of the official, his designation and the office address and
the address of the premises from where goods can be reclaimed. The form of
seizure memo is as per Annexure 'D'.
(6.7.3) Videography of the process of seizure of goods
shall be done.
6.8. The manner of reclaiming seized goods by the street
vendor and the fees for the same.
(6.8.1) The application for releasing seized goods, in case
of perishable goods, shall be allowed to be submitted on the same day, and in
case of non-perishable goods, within 30 days of seizure. Beyond this period,
the right of street vendors on the goods seized shall cease and the Local Body
is well within its rights to dispose or auction of the goods. If the vendor
submits an application but can prove before the TVC their inability to pay the
fine/storage charges due to financial hardship, an additional 30 days may be
provided for payment and recovery of the seized goods.
(6.8.2) The perishable seized goods shall be released
within 24 hrs and non-perishable seized goods within three working days of the
claim being made by the street vendor subject to payment of prescribed fee or
penalty, which is to be deposited with the local body. If any
perishable/eatable item is found to be unhygienic/spoiled/rotten or not fit for
human consumption, the same shall be destroyed by the local authority without
any compensation to the claimant.
(6.8.3) Storage Charges: Following storage charges shall be
levied for reclaiming seized vending material.
|
Storage charges (In Rupees)
|
|
Load up 100 Kg (24 hrs) per day
|
Rs. 150/-
|
|
More than 100 Kg per day
|
Rs. 300/-
|
|
Removal of Cycle
|
Rs. 20/-
|
|
Removal of Scooters/Motorcycle
|
Rs. 150/-
|
|
Removal of Cars/Vans/Jeep
|
Rs. 300/-
|
|
Removal of commercial vehicles/vehicles with commercial activities
|
Rs. 750/-
|
CHAPTER - 7
7.1 The form and the manner for carrying out
social audit of the activities of TVC.
(7.1.1) The Government shall constitute an
Independent Social Audit Unit (ISAU) for the purpose of carrying out social
audit. The social audit unit may comprise of resource persons, eminent
citizens, social activists, women representatives, representatives of street
vendors and market associations and other professions who have experience in
planning and worked for the betterment of street vendors and society.
(7.1.2) The social audit shall be carried out
regularly every 1-2 years. The schedule of the social audit shall be decided by
the local body and the TVC.
(7.1.3) The TVC shall provide details of
relevant information at least two months before the process of social audit
commences. The information to be provided shall be inclusive of and comprise of
the following:
(I)
Plan
and Scheme for Street Vendors;
(II)
Street
Vendors' Charter;
(III)
Status
of implementation of the Act, Rules and Schemes;
(IV)
Returns
furnished to Govt. and Local Body;
(V)
Record
of resolution and minutes of the meeting conducted by the TVC during the audit
period;
(VI)
Record
of registered street vendors and those who have been issued COV. Details of
those who have been denied registration and waiting list of street vendors;
(VII)
Record
of appeals made before the local authority;
(VIII)
Record
of all grievances/disputes brought before the Dispute Redressal Committee;
(IX)
Record
of the total number and details of relocations and evictions and confiscation
of goods street vendors taken place in that particular year;
(X)
List
of restriction free/restricted/no vending/time sharing basis zones. Vending
zones and markets added during the audit period.
(XI)
Previous
social audit reports, if any; and
(XII)
Any
other relevant information.
(7.1.4) The social audit unit shall conduct
meetings and focused group discussions with street vendors on various aspects
of the implementation of the Act, Plan and the Scheme. The social audit unit
shall record in writing grievances of street vendors on any issue faced by
them. At the culmination of the social audit process, the social audit unit
shall record its findings in writing.
(7.1.5) The social audit unit shall hold a
public meeting wherein TVC members and representatives of the local body will
be present and street vendors will also participate. The social audit unit
shall read out its findings at the meeting. Street vendors shall be encouraged
to testify and the TVC shall respond to each of the issues identified in the
social audit by giving clarification and/or explanation to the affected party
and the public as to why a certain action was taken or not taken.
(7.1.6) The local body shall give adequate
notice of the social audit public meeting by way of a public notice in at least
one mainstream newspaper and convey to all TVCs for wider dissemination.
(7.1.7) The budget for conducting social
audit shall be allocated by the local body in consultation with the TVC.
7.2 The manner of maintenance of proper
records and other documents by the TVC, local body, planning authority and
State TVC in respect of street vendors.
(7.2.1) Following up-to-date records shall be
maintained in electronic form by the Town Vending Committee (TVC): -
(I)
Street
vendors register;
(II)
COV
issued (with details);
(III)
Waiting
list of Street Vendors- those have not been issued COV;
(IV)
List
of all the vending zones with holding capacity;
(V)
Available
site/space (Local Body/vending zone wise);
(VI)
Records
and minutes of the meeting;
(VII)
Resolutions
of the TVC;
(VIII)
Attendance
Register;
(IX)
Remuneration
Register;
(X)
Accounts
of Cash Book and General Ledger;
(XI)
Records
of cancellation of registration and COV;
(XII)
Records
of social audit, promotional measures and awareness Campaigns; and
(XIII)
Personal
files of members of the TVC. All other matters as mentioned in rule 25 of the
Delhi Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Rules, 2017.
By the Local Body:
(I)
Street
vendors register
(II)
Applicants
denied registration;
(III)
Details
of survey conducted;
(IV)
COV
issued;
(V)
Waiting
list of Street Vendors- those have not been issued COV;
(VI)
Demand
and Collection Register;
(VII)
Individual
files of each street vendor;
(VIII)
Suspension/cancellation
of COV;
(IX)
Rules,
schemes, circular, resolutions, guidelines and instructions;
(X)
List
of restriction-free, restricted and no-vending zones;
(XI)
List
of time sharing basis vending zones;
(XII)
Holding
capacity of vending zones;
(XIII)
Records
of members of grievances redressal committee; and
(XIV)Records of all
expenditure of TVC/other committees.
(7.2.2) The local authority shall on each
finding of the social audit in cases of gaps, lapses or deviations fix
responsibility and shall take immediate corrective or disciplinary action. In
case of a dispute, an administrative enquiry shall be conducted by the local
authority and action taken accordingly in the shortest time possible and in any
case not later than 30 days.
(7.2.3) Social audit reports submitted in
this process shall form part of the record and shall be responded to by the TVC
and where shortcomings are found, immediate action shall be taken as per these
rules. The social audit report as well as the action taken report shall form
part of the record and shall be public information.
CHAPTER - 8
8.1 The conditions under which private places
may be designated as restriction free-vending, restricted-vending zones and
no-vending zones.
(8.1.1) On the recommendations of the TVC,
private places may be designated as restriction free/restricted/no-vending zone
in accordance with no-objection certificate of land/property - owner as the
case may be.
(8.1.2) Safety, security, traffic conditions,
cause of general nuisance and demand from RWA/Market Associations would be the
basis of vending at private places in consultation with the TVCs.
8.2 The terms and conditions for street
vending including norms to be observed for up keeping public health and
hygiene.
(8.2.1) The Vendor shall prominently display
a copy of COV at the vending site and the original document shall be produced
before the TVC when so requested.
(8.2.2) The Vendor shall keep the place of
vending and 1 metre in all accessible directions clean. The vendor shall keep
and deploy waste bin next to his place of vending for the purpose of collection
of any waste generated from vending, to be cleared by the Local Authority
directly or by designating a waste pickup zone no more than 500m from the place
of vending, cleared daily.
(8.2.3) The Vendor shall pay due attention to
public health and hygiene in the vending zone/vendors' market and the adjoining
area. Vendor shall not dump any waste in drain, roadside, open areas or any
other unauthorized place.
(8.2.4) No projections, extensions shall be
protrude from the site of vending. However, vendors may use structures for
weather protection including umbrellas/frames which are not permanently
fastened to the ground or wall.
(8.2.5) The vendor shall not erect any
temporary/permanent structures/construction of any kind at the site of vending.
However, vendors may use structures for weather protection including
umbrellas/frames which are not permanently fastened to the ground or wall.
(8.2.6) The vendor shall not encroach upon
non-hawking zones or exceed beyond permissible vending areas as delineated in
the process defined in Sec. 8.4
(8.2.7) The Vendor shall make all reasonable
efforts not to hamper the free movement of pedestrian and traffic in any way.
Vendor shall operate from the edge of the road/street (if vending from a
street) and shall not cause any obstruction to smooth movement of traffic or
pedestrians or non-motorized vehicles. The vendor shall clearly display a 'No Parking'
if customers park in unauthorized zones near the place of vending.
(8.2.8) The vendor may not sell obnoxious,
hazardous and polluting items.
(8.2.9) The street vendor may not carry out
any unauthorized/illegal activity.
(8.2.10) The street vendor may not cause any
damage to the public property. The street vendor shall repair immediately, at
his/her cost, the damages that may have been (if any) caused to the public
property as a result of negligence during the vending.
(8.2.11) The vendor shall not occupy or stop
at any place that is prohibited for street vending. Mobile vendor shall not
stop for a period of more than 30 minutes, or another time limit as decided by
the TVC, at any place within hawking zone/vending zone. The vendor shall not
stop or vend in a non-vending zone.
(8.2.12) The vendor shall abide by the
timings prescribed by the TVC in consultation with the local authority.
(8.2.13) Vendors selling food items shall
comply with timely food safety notifications issued and approved by the TVC in
consultation with the Local Body
(8.2.14) Street vendor shall not dump any
waste in drain, roadside, open areas or any other unauthorized place.
(8.2.15) The Vendor shall adopt health and
hygiene practices consistent with local laws and Court orders.
(8.2.16) Violations of these terms shall be
cause for the application of fines/cancellation/suspension by the TVC, as
described in Section 5.1.
8.3 The manner of carrying out vending
activities on time-sharing basis:
(8.3.1) The TVC shall recommend the vending
zones that may be notified for time-sharing basis depending on the high demand
for a particular zone. Efforts will be made to accommodate as many vendors as
possible. In case, the demand is higher than the capacity of the vending zone,
the allotments shall be made in order of seniority as described in Section
3.3.3.
(8.3.2) The weekly bazaars/week-end markets
shall be run on a first-come- first-serve basis depending on the number of
vending sites that can be accommodated in the designated area and the number of
vendors seeking vending places. TVC may formulate rules for street vendors in
weekly bazaars/week-end markets to practice vending on weekly rotation basis,
if there is a heavy demand.
(8.3.3) In places like verandas or parking
lots in areas such as central business districts, vendors markets can be
organized after the closing of the regular markets. Such markets can be run
from time so fixed by the concerned TVC on a roster basis or a first-cum
first-serve basis, with suitable restrictions determined by the Government and
Local Body.
8.4 The principles for determination of
vending zones as restriction - free - vending zones, restricted -vending zones
and no-vending zones:
(8.4.1) Places that are natural markets shall
be first considered and allowed as vending zones, subject to conditions and
restrictions that may be imposed by the local bodies, with ratification of TVC
and the traffic police/local police owing to issues of traffic
congestion/issues and law and order problems.
(8.4.2) Venues that have been traditional
Weekly Bazaars shall also be considered and allowed for street vending on
particular weekday(s) and timings, and subject to conditions and restrictions
that may be imposed by the local bodies, with ratification of TVC.
(8.4.3) Procedure for declaration of
Restriction Free/Restricted/No Vending/Time Sharing Basis Vending Zones: -
(I)
Any
Registered Association of street vendor may submit a proposal for declaration
of any street/land as vending zone or a weekly market. Local body may, on its
own initiative, prepare such proposal as well. The proposal should consist of
sitemap of the area with proper dimensions, clearly demarcating the area for
vending; plan for squatting in the area; number of vendors it may accommodate;
suggested restrictions (if any); and proposed time sharing arrangements to
maximize the number of beneficiaries.
(II)
The
Proposal shall be submitted to the TVC.
(III)
The
TVC shall cause to conduct survey of the area and GPS demarcation of the area
proposed for vending.
(IV)
The
TVC shall thereafter notify the proposal for claims and objections by any
stakeholders. Simultaneously, the proposal shall be forwarded to Delhi Traffic
Police and the Land Owning Agency for their comments and observations.
(V)
Delhi
Traffic Police/Land Owning Agency shall have thirty days time to furnish their
comments/observations, failing which, it shall be presumed that they have no
comments to offer and appropriate decision may be taken by the local authority.
(VI)
After
considering the claims and objections received, the TVC shall prepare a
report/proposal.
(VII)
Regarding
vending on footpath, respective TVC shall decide as per law.
(VIII)
The
Local Body shall notify the area/street as vending zone after ratification of
the proposal by the TVC.
8.5. The principles for determining holding
capacity of vending zones and the manner of undertaking comprehensive census
and survey.
(8.5.1) The area under the jurisdiction of
the local body shall be clearly demarcated and surveyed and digitally mapped in
consultation with TVC.
(8.5.2) Regarding decision on pedestrian
movement, respective TVC shall decide as per law.
(8.5.3) Adequate space shall be allowed for
public utility operations as notified to the TVC not later than 5 days prior to
the beginning of such operations.
(8.5.4) If the vending zone is on the public
street, it shall be on the edge of the ROW with sufficient pedestrian/vehicular
movement.
(8.5.5) Regarding stacking and squatting in
Public Street, respective TVC shall decide as per law.
(8.5.6) Space of 6(feet) x 4(feet) (depth)
will be considered for one static/mobile vendor/temporary and night bazaar
vendor; and 4' x 4' for a peripatetic vendor and clearly marked on ground with
paint and given unique numbers for each bay.
(8.5.7) Based on above and subject to norm
conforming to two and half percent (2.5 %) of the population of Delhi and in
accordance with the plan for street vending, the number of street vendors the
vending zone can accommodate, shall be calculated. No. of shifts allowed may be
determined by the time-sharing arrangement, and accordingly, holding capacity
shall be determined.
8.6 Principles of relocation
(8.6.1) Relocation should be avoided as far
as possible, unless there is clear and urgent need for the land in question or
some genuine safety and security issues are involved. The need for relocation
and plan for relocation must be done in consultation with TVC.
(8.6.2) The TVC in coordination with the
affected vendors or their representatives shall be involved in planning and
implementation of the rehabilitation project.
(8.6.3) 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-eviction levels.
(8.6.4) 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.
(8.6.5) Loss of assets shall be avoided and
in case of any lose, it shall be compensated.
(8.6.6) 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 the Act.
(8.6.7) State machinery shall take
comprehensive measures to check and control the practice of forced evictions.
CHAPTER 9
9.1 The State Nodal Officer for all matters
relating to Street Vending at the State Level shall be the Minister of Urban
Development, advised by a five-member State Vending Coordination Committee.
9.2 Any other matter which may be included in
the scheme for carrying out the purposes of this Act. Policy for existing
street vendors allotted site/spaces under old scheme(s):
(9.2.1) A person, whether or not included
under the survey, who has been issued a certificate of vending by Local Body
before the commencement of Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014, whether known as licensee or have 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/she has been issued such certificate of vending.
Further validity period of COV shall commence from the date of this scheme is
notified and vending fee will be charged accordingly.
(9.2.3) Any previous allottee of a site/location
on a public street/public space who has constructed/affixed any structure shall
be required to remove such structures as detailed in Chapter 2 before being
eligible to vend under the provisions of this scheme.
(9.2.4) Sites vacated/cleared due to ineligibility
of occupiers may be considered by the local authority for allocation to other
eligible wait listed registered persons or declaration of vending zone on time
sharing basis without any exclusive right of any particular vendor on the site,
so that all street vendors may get equality of opportunity.
CHAPTER 1
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10. Fines that may be imposed on street
vendors:
(10.1) If a street vendor is found violating
terms of vending, the TVC in consultation with the Local Body and a relevant
Notified Authority may impose a prescribed fine, which will invite late payment
penalties, suspension or cancellation consistent with Section 4.1.2.
(10.2) The TVC, in consultation with the
Local Body and the Notified Authority shall conduct summary inquiry of
violation of the terms and provide the vendor, an opportunity of being heard.
(10.3) As per section 37(c) of the Street
Vendors (Protection of Livelihood And Regulation of Street Vending) Act, 2014,
the Local Authority shall frame the Bye-Laws for determination of penalties
under sub-section 5 of section 18 and section 28 of the said Act. The Local
Authority shall have the powers to revise the fine structure from time to time.
Annexure 'A'
(See 1.1.4)
SAMPLE APPLICATION FORM (Digital or
Paper-Based)
APPLICATION FORM FOR SURVEY FOR
REGISTRATION OF STREET VENDORS
(NAME OF CONCERNED LOCAL BODY)
(TVC NAME AND NUMBER)
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Unique Record ID(URI) (Preprinted/Auto Generated)
Barcode (Preprinted/Auto Generated)
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(Photograph to be attached or digitally captured)
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SECTION A - INFORMATION TO BE
COLLECTED FROM SURVEYED PERSON
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Question
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Directive Instructions as per Scheme
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1. Name of the Street Vendor/Hawker
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2. Sex:
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Male/Female/Other
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3. Age
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4. Date of Birth
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5. Name of Father/Husband/Mother
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6. Spouse Name
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6a. Whether widowed/widower
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Yes/No
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7. Address
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Residential
Present/Correspondence
Permanent
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8. Education Status
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9. Contact Number
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Mobile
Landline
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10. Type/Nature of vending/Hawking/Squatting activity
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Categories to be decided by TVC, for example:
Food/Snack preparation - with gas cylinder/fire
Food/Snack preparation - without gas cylinder/fire
Fresh fruit/vegetables/perishables
Electronics
Other Categories and Subcategories as may be appropriate
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11. Name of Site of Vending/Hawking/Squatting
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12. Vending Times
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Regular Hours and Days of Vending
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13. Number of Years Hawking/Squatting in current location
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14. Documents in support of vending history
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As per Sec. 1.1.12 of the scheme, the vendor may provide Festival
Receipts, Tokens, Challan(s), Traffic Police Challan(s)/Police Challan or any
Receipt of Fine or Fees, or Certificates issued by Local Authorities, or any
documents that are attested by the relevant RWA or Market Association as
conferring such rights
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15. Identity Proof
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Generally accepted forms of photo identification, including Driving
Licence, Voter-ID-Card, Bank Passbook etc
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16. Aadhaar Card details
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May be accepted in replacement of 15 above if issued in Delhi
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17. Annual Income
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18. Has applicant been previously recognized as a street vendor?
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Yes/No
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18. A. If Yes:
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i. Type of structure/vehicle
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Pucca/kuccha/metallic cycle cart/Other
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ii. Date of start of vending activity in current location
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iii. Document of Allotment of tehbazari (if any)
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19. Land/Fixed Assets owned by family (if any)
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Plot/House Size/Area Kuchcha/Rental income, if any
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20. Category
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GEN/SC/ST/OBC/PERSONNEL/WOMEN/WIDOW/MINORITY/OTHERS/PERSON WITH
DISABILITIES
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21. Bank Details
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Bank Account No./Name of Bank/Branch Address/A/C No./Name of Branch
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22. Details of the family members and their occupation
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Name/Relationship/Age/Present Aadhar No or Photo ID No.
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23. Choice of vending area/market allotment
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A
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First Choice (within 1 km)
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B
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Second Choice (within 3 km)
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C
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Third Choice (within 5km)
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D
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Fourth Choice (5+km)
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E
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Fifth Choice (5+km)
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24. Have other family members been surveyed?
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Name/Relationship/Age/Present Aadhar No or Photo ID No.
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25. Whether convicted earlier in any case or any criminal case pending
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S. No./Date Case/FIR No./Name of Police/Status of Case
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Undertaking by the Applicant
I, _____________ S/o. ________ R/o. _ _ _ ________ _ do
hereby undertake to affirm that all the above information given is true and
correct to best of my knowledge. Further I certified that I have no other means
of livelihood. I also hereby affirm that I shall abide by all rules/regulations
and all terms & conditions of tehbazari as may be formulated by the Town
Vending Committee or Local Body/Government. I also undertake that I and my
family have filled only one application for registration. If any of the information
is found false at a later date, the Local Authority may take sanctioned actions
against me, including the cancellation of this registration.
Date:
Place:
Signature/Thumb Impression
Name:
SECTION B - CHECKLIST OF INFORMATION
TO BE COLLECTED BY SURVEYOR
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Information Requested
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Whether Collected
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Survey/Application No.
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Vending site GIS coordinates
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GIS marking of vending site boundaries/route
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Date and Time of Survey
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Vending site location
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Digital Identification Signature
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Facial recognition signature of vendor Biometric details of vendor
including scan of iris, fingerprints, etc.
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Videograph of
market/area/vending zone
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Still Photograph of the vendor
Still Photograph of the site
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List of Documents verified by facilitator/surveyor
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List of Documents found deficient
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SIGNATURE OF THE SURVEYOR ___________________________
NAME OF THE SURVEYOR ____________________
DESIGNATION OF THE SURVEYOR ____________________
DATE OF SURVEY ________________________
SECTION C - SAMPLE OF ACKNOWLEDGEMENT
RECEIPT
(TO BE GENERATED DIGITALLY & GIVEN
TO THE APPLICANT AS PER SEC. 1.1.5)
ACKNOWLEDGMENT RECEIPT FOR
REGISTRATION
The Survey application bearing No. _____ dated ________ in
R/o ___ _______ __ S/o, W/o, has been filled during the survey of the street
vendors conduct on ____ _ _ at the site ____ _ _ _ _ by the team of/on behalf
of.
The acknowledgment issued is only a token of having
participated in the survey process and having a registration with . The
acknowledgment does not entitle any person for any claim for issue of
Certificate of Vending (COV) or right to vending at any place in the designated
area.
Deficient documents may be submitted at _________ between
the hours of ____________ on the dates ______________ and the vendor may
contact the Nodal Officer ___________ on phone number _____________ for further
information.
Enter Unique Record ID # _________________________ at the
website _________________________ to check the status of this application at
any time.
Signature of Local Body Official/Designated Officer
Name of the Officer
Office Seal
Date of Issue
Unique ID (Preprinted/Auto Generated) as on the
survey/application form
Barcode (Preprinted/Auto Generated) as on the
survey/application form
ANNEXURE 'B'
(See 3.1.1)
Concerned Local Body
Vendor ID/Barcode
Affix Recent
Photograph
Certificate of Vending (COV)
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Name of Street Vendor
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Sex/Age
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Name of Husband/Father/Mother
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Address of residence
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Adhaar Card Number if any
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Mobile Number
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Type of Vendor
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Area where the vendor is permitted to vend
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Validity of Registration
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Valid for five year from the date of initial issue and renewal after
every five years subject to fulfillment of terms and condition of
Tehbazari/Vending. The certificate of vending (COV) shall not be renewed in
any case after total period of twenty years. The COV issued is
non-transferable.
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Licence fee per month (subject to enhancement from time to time)
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Date of issue of COV
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Signature of Authority
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Seal
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******
The street vendor shall possess the certificate of vending
(COV) and the identity card issued to the vendor in original while vending. The
COV details shall be available on the smart card issued to the biometric smart
card COV holders.
ANNEXURE 'C'
(See 3.2.1)
IDENTITY CARD TO THE STREET VENDOR
CONCERNED LOCAL BODY
S.No./Unique ID No. ___________________________
Photograph
Microchip and Hologram
Date of Registration ___________________________
Name of Street Vendor ______________________________________
Father's/Mother's/Husband's Name
______________________________________
Residential Address ______________________________________
Contact Number ______________________________________
Site of Vending ______________________________________
Items Sold ______________________________________
Size of Tehbazari ______________________________________
No. of days active per week (tick appropriate): M T W T F S
S
Timing of Vending: ________ a.m./p.m. to __________
a.m./p.m.
Details of Family Members:
(a)
Name of the Spouse
(b)
Details of dependent children
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S. No.
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Name
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Age
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Relation
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Occupation
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1.
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2.
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3.
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4.
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5.
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Whether COV Issued ___ _____ if issued validity of COV -
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Signature/Thumb Impression of the vendor
Signature of Authorized Officer
Concerned Local Body
ANNEXURE 'D'
(See 6.7.2)
SAMPLE SEIZURE MEMO
OF THE GOODS SEIZED FROM UNAUTHORIZED VENDORS/VENDING SITES
CONCERNED LOCAL BODY
MEMO No _________________________________
Dated __________________
Seizure Memo of the goods seized from
unauthorized vendors/vending sites
Following goods/articles were seized from the
unauthorized vendor name
Sh./Smt. . ...................... S/o/W/o
.....................R/o
................................................................................................
having Contact No. . ......................... and Certificate of Vending No.
........... from the site ..................... ............. on dated
................ at time ................. on account of found vending
unauthorizedly/vending in violation of terms and conditions of the Certificate
of Vending (COV).
(A)
Description
of goods and quantity
(i)
_____________________________________
(ii)
_____________________________________
(iii) _____________________________________
(iv) _____________________________________
(v)
_____________________________________
(vi) _____________________________________
(B)
The
vendor is informed that he/she may claim the goods/articles seized after the
payment of penalty on account of removal charges and payment of storage charges
from the Local Authority Store/Godown site located at
___________________________ between the hours of ___________________ on working
day by making an application within 24 hours for perishable goods and 3 days
for nonperishable goods after which the Local authority can dispose/auction the
goods seized without any compensation or notice to the vendor.
(C)
The
goods can be reclaimed within one day after filing of application in case of
perishable goods and within 15 days of application for non-perishable goods
beyond which Local Authority shall be within its right to dispose of the goods
in the manner deemed fit without entertaining any claim whatsoever.
Signature of the Inspector _____________
Name of the Inspector _____________
Signature of the Vendor _____________
Name of the Vendor _____________
Name of the witness _____________
Signature of the witness _____________
Designation of the witness _____________
Name of TVC Member ______________
Designation of TVC Member _____________
Place _____________
Date _____________