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GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) SCHEME, 2019

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) SCHEME, 2019

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
0

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)

Unique Record ID(URI) (Preprinted/Auto Generated)

Barcode (Preprinted/Auto Generated)

(Photograph to be attached or digitally captured)

SECTION A - INFORMATION TO BE COLLECTED FROM SURVEYED PERSON

Question

Directive Instructions as per Scheme

1. Name of the Street Vendor/Hawker

 

2. Sex:

Male/Female/Other

3. Age

 

4. Date of Birth

 

5. Name of Father/Husband/Mother

 

6. Spouse Name

 

6a. Whether widowed/widower

Yes/No

7. Address

Residential

Present/Correspondence

Permanent

8. Education Status

 

9. Contact Number

Mobile

Landline

10. Type/Nature of vending/Hawking/Squatting activity

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

11. Name of Site of Vending/Hawking/Squatting

 

12. Vending Times

Regular Hours and Days of Vending

13. Number of Years Hawking/Squatting in current location

 

14. Documents in support of vending history

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

15. Identity Proof

Generally accepted forms of photo identification, including Driving Licence, Voter-ID-Card, Bank Passbook etc

16. Aadhaar Card details

May be accepted in replacement of 15 above if issued in Delhi

17. Annual Income

 

18. Has applicant been previously recognized as a street vendor?

Yes/No

18. A. If Yes:

 

i. Type of structure/vehicle

Pucca/kuccha/metallic cycle cart/Other

ii. Date of start of vending activity in current location

 

iii. Document of Allotment of tehbazari (if any)

 

19. Land/Fixed Assets owned by family (if any)

Plot/House Size/Area Kuchcha/Rental income, if any

20. Category

GEN/SC/ST/OBC/PERSONNEL/WOMEN/WIDOW/MINORITY/OTHERS/PERSON WITH DISABILITIES

21. Bank Details

Bank Account No./Name of Bank/Branch Address/A/C No./Name of Branch

22. Details of the family members and their occupation

Name/Relationship/Age/Present Aadhar No or Photo ID No.

23. Choice of vending area/market allotment

 

A

First Choice (within 1 km)

B

Second Choice (within 3 km)

C

Third Choice (within 5km)

D

Fourth Choice (5+km)

E

Fifth Choice (5+km)

24. Have other family members been surveyed?

Name/Relationship/Age/Present Aadhar No or Photo ID No.

25. Whether convicted earlier in any case or any criminal case pending

S. No./Date Case/FIR No./Name of Police/Status of Case

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

Information Requested

Whether Collected

Survey/Application No.

 

Vending site GIS coordinates

 

GIS marking of vending site boundaries/route

 

Date and Time of Survey

 

Vending site location

 

Digital Identification Signature

Facial recognition signature of vendor Biometric details of vendor including scan of iris, fingerprints, etc.

 Videograph of market/area/vending zone

 

Still Photograph of the vendor

Still Photograph of the site

 

List of Documents verified by facilitator/surveyor

 

List of Documents found deficient

 

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)

Name of Street Vendor

 

Sex/Age

 

Name of Husband/Father/Mother

 

Address of residence

 

Adhaar Card Number if any

 

Mobile Number

 

Type of Vendor

 

Area where the vendor is permitted to vend

 

Validity of Registration

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.

Licence fee per month (subject to enhancement from time to time)

 

Date of issue of COV

 

Signature of Authority

 

Seal

 

******

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

S. No.

Name

Age

Relation

Occupation

1.

 

 

 

 

2.

 

 

 

 

3.

 

 

 

 

4.

 

 

 

 

5.

 

 

 

 

Whether COV Issued ___ _____ if issued validity of COV - _________________

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 _____________