HARYANA MUNICIPAL STREET VENDORS (PROTECTION OF LIVELIHOOD
AND REGULATION OF STREET VENDING) ACT, 2014 THE HARYANA MUNICIPAL
STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT,
2014 [Act No. 13 of 2014] [ 22nd March, 2014] An Act to protect urban
street vendors to earn livelihood, to regulate street vending activities and
for matters connected therewith or incidental thereto. Be
it enacted by the Legislature of the State of Haryana in the Sixty-fifth Year
of the Republic of India as follows:- (1) This Act may be called the Haryana Municipal Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. (2) It shall extend to all the municipalities in the
State of Haryana. (1) In this Act, unless the context otherwise
requires,- (a) "competent authority" means Commissioner
in case of Municipal Corporation and Deputy Commissioner in case of Municipal
Council/Committee, as the case may be; (b) "Government" means the Government of the
State of Haryana in the Administrative Department; (c) "municipality" means a municipality as
defined in the Haryana Municipal Act, 1973 (24 of 1973); (d) "natural market" means a market where
sellers and buyers have traditionally congregated for the sale and purchase of
products or services determined as such by the municipality on the recommendations
of town vending committee; (e) "no vending zone" means an area which is
not a vending zone; (f) "prescribed" means prescribed by rules
made under this Act; (g) "Schedule" means the Schedule annexed to
this Act; (h) "State Nodal Officer" means the Director,
Urban Local Bodies Department, Haryana; (i) "stationary vendors" mean street vendors
who carry out vending activities on a regular basis at a specific location; (j) "street vendor" means a person engaged in
vending of articles, goods, wares, food items or merchandise of everyday use or
offering services to the general public, in a street, lane, side walk,
footpath, pavement, public park or any other public place or private area, from
a temporary built up structure or by moving from place to place and includes
hawker, peddler and all other synonymous terms which may be local or region
specific; and the words "street vending" with their grammatical
variations and cognate expressions, shall be construed accordingly; (k) "town vending committee" means a
committee constituted under section 3; (l) "vending zone" means an area or a place
or a location designated as such by the municipality on the recommendations of
the town vending committee, for the specific use by street vendors for street
vending and includes footpath, side walk, pavement, embankment, portions of a
street or any such place considered suitable for vending activities and
providing services to the general public. (1) The competent authority shall constitute a town
vending committee in each municipality and may constitute more than one town
vending committees for each ward, in each municipality. (2) The town vending committee shall consist of the
following, namely:- (a) Municipal Commissioner in case of Municipal
Corporation or Deputy Commissioner in case of Municipal Council/Committee, as
the case may be, who shall be the Chairperson; and (b) such number of other members as may be prescribed,
to be nominated by the Chairperson, representing the local authority, traffic
police, local police, association of street vendors, market associations,
traders associations, non-governmental organizations, community based
organization, resident welfare associations banks and such other interests, as
it deems proper; (c) ten percent members to be nominated to represent
the nongovernmental organizations and the community based organizations; (d) forty percent members representing the street
vendors operating in that particular area: Provided
that one-third of the members shall be from amongst the women vendors: Provided
further that due representation shall be given to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes, minorities and persons with
disabilities from amongst the members representing the street vendor. (1) The town vending committee shall within such a
period and in such a manner, as may be specified by the Government, conduct a
survey of all existing street vendors, within the area under its jurisdiction
and subsequent survey shall be carried out at least once in every five years. (2) The town vending committee shall ensure that all
existing street vendors, identified in the survey are accommodated in the
vending zones in accordance with the plan for street vending and the holding
capacity in the vending zones. (3) The town vending committee shall ensure timely
registration of the new street vendors and allotment of space to them for
vending in accordance with the plan for street vending and holding capacity of
vending zones. (1) Every street vendor, identified under the survey
carried out under sub-section (1) of section 4, who has completed the age of
eighteen years, shall be issued a certificate of vending by the town vending
committee subject to such terms and conditions and within such period, as may
be prescribed, including restrictions prescribed for street vending. (2) Where during the intervening period between two
surveys, any person seeks to vend, the town vending committee may grant a
certificate of vending to such a person, subject to the plan for street vending
and the holding capacity of the vending zones. (3) Where the number of street vendors identified under
sub-section (1) or the number of persons seeking to vend under sub-section (2)
are more than the holding capacity of the vending zone and exceeds the number
of persons to be accommodated in that vending zone, the town vending committee
shall carry out a draw of lots for issuing the certificate of vending for that
vending zone and the remaining persons shall be accommodated in any adjoining
vending zone to avoid relocation. (1) Every street vendor shall giver an undertaking to
the town vending committee prior to the issue of a certificate of vending under
section 5 in such form and manner, as may be prescribed. (2) Where a street vendor to whom a certificate of
vending is issued, dies or suffers from any permanent disability or illness,
one of his family members in the following order of priority, may vend in his
place, till the validity of the certificate of vending- (a) spouse of the street vendor; (b) dependent child of the street vendor: Provided
that where a dispute arises as to who is entitled to vend in the place of the
vendor, the matter shall be decided by the State Nodal Officer. (1) The certificate of vending shall be issued to the
followings, namely:- (a) a stationary vendor; or (b) a street vendor; or (c) a mobile vendor; or (d) any other category, as may be prescribed. (2) The certificate of vending issued for the
categories specified in sub-section (1) shall be in such form and issued in
such manner, as may be prescribed. It shall specify the vending zone where such
vendor shall carry on his vending activities, the days and timings and the
conditions and restrictions subject to which he shall carry on such vending
activities. (3) Every vendor who has been issued certificate of
vending shall be issued identity card in such form and manner, as may be
prescribed. The
criteria to be followed by the town vending committee for issuing certificate
of vending to a street vendor shall be such, as may be prescribed which may, apart
from other things, provide for preference to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes, women, persons with disabilities,
minorities or such other categories. Every
street vendor who has been issued certificate of vending shall pay such vending
fee, as may be prescribed. Every
certificate of vending shall be valid for such period and shall be renewable
for such period, in such manner and on payment of such fee, as may be
prescribed. Where
a street vendor who has been issued a certificate of vending under this Act,
commits breach of any of the conditions thereof or any other terms and
conditions prescribed or where the town vending committee is satisfied that
such certificate of vending has been secured by the street vendor through
misrepresentation or fraud, the town vending committee may, notwithstanding any
other penalty which may be imposed upon the street vendor under this Act,
cancel the certificate of vending or suspend the same in such manner, as may be
prescribed: Provided
that no such cancellation or suspension shall be made by the town vending
committee unless an opportunity of hearing has been given to the street vendor. (1) Any person who is aggrieved by any decision of the
town vending committee with respect to issue of certificate of vending under
section 5 or cancellation or suspension of certificate of vending under section
11 may prefer an appeal to the Divisional Commissioner in such form, within
such period, and in such manner, as may be prescribed. (2) No appeal shall be disposed of by the Divisional
Commissioner unless the appellant has been given an opportunity of hearing. (1) Every street vendor shall have right to carry on
the business of street vending activities in accordance with the terms and
conditions mentioned in the certificate of vending. (2) Notwithstanding anything contained in sub-section
(1), where any area or space, as the case may be, has been earmarked as
no-vending zone, no street vendor shall carry out any vending activity in that
zone. Every
street vendor who possesses a certificate of vending shall in case of his
relocation under section 16, be entitled, as far as possible, for new site or
area, as the case may be, for carrying out his vending activities as may be determined
by the municipality in consultation with the town vending committee. (1) Where a street vendor occupies space on a time
sharing basis, he shall remove his goods and wares every day at the end of the
time-sharing period allowed to him. (2) Every street vendor shall,- (i) maintain cleanliness and public hygiene in the
vending zones and the adjoining areas; (ii) maintain civic amenities and public property in the
vending zone in good condition and not damage or destroy or cause any damage or
destruction to the same; and (iii) pay such periodic maintenance charges for the civic
amenities and facilities provided in the vending zones, as may be determined by
the municipality. (1) The municipality may, on recommendation of the town
vending committee, declare a zone or part of it to be a no vending zone for any
public purpose and as far as possible relocate the street vendors vending in
that area, in such manner, as may be prescribed. (2) The municipality shall evict such street vendor
whose certificate of vending has been cancelled under section 11 or who does
not have a certificate of vending and vends without such certificate, in such a
manner, as may be prescribed. (3) No street vendor shall be relocated or evicted by
the municipality from the place specified in the certificate of vending unless
he has been given seven days notice for the same, in such manner, as may be
prescribed. (4) A street vendor shall be relocated or evicted by
the municipality physically in such manner, as may be prescribed only after he
had failed to vacate the place specified in the certificate of vending, after
the expiry of the period specified in the notice. (5) Every street vendor who fails to relocate or vacate
the place specified in certificate of vending, after the expiry of the period
specified in the notice, shall be liable to pay, for every day of such default,
a penalty which may extend up to two hundred and fifty rupees but shall not be
more than the value of the goods seized. (6) Every street vendor shall vacate the premises
immediately in case of any emergency on the notice of the District Magistrate
or Sub-Divisional Magistrate for the period as specified in the notice. (1) If the street vendor fails to vacate the place
specified in the certificate of vending, after the lapse of period specified in
the notice given under sub-section (3) of section 16, the municipality, in
addition to evicting the street vendor under section 16, may, if it deems
necessary, seize the goods of such a street vendor in such manner, as may be
prescribed: Provided
that where any such seizure is carried out, a list of goods seized shall be
prepared as may be prescribed and a copy thereof, duly signed by the person
authorized to seize the goods, shall be issued to the street vendor. (2) The street vendor whose goods have been confiscated
under sub-section (1) may, reclaim his goods in such manner and after paying
such fee, as may be prescribed: Provided
that in case of non-perishable goods, the municipality shall release the goods
within two working days of the claim being made by the street vendor and in
case of perishable goods the municipality shall release the goods on the same
day of the claim being made by the street vendor. (1) Every municipality shall, in consultation with the
town vending committee once in every five years prepare a plan to promote the
vocation of street vendors covering matters contained in First Schedule. (2) The street vending plans prepared by the
municipality shall be submitted to the town vending committee for approval. The
town vending committee shall meet at least once in three months. The
town vending committee may associate with itself in such manner and for such
purposes, as may be prescribed, any person whose assistance or advice it may
desire, in carrying out any of the provisions of this Act. The
municipality shall provide the town vending committee with appropriate office
space and such employees as required to carry out the provision of this Act. (1) Every town vending committee shall publish the
street vendor's charter specifying therein the time within which the
certificate of vending shall be issued to a street vendor and the time within
which such certificate of vending shall be renewed and other activities to be
performed within the time limit specified therein. (2) Every town vending committee shall maintain
up-to-date records of registered street vendors and street vendors to whom
certificate of vending has been issued containing name of such street vendor,
stall allotted to him, nature of business carried out by him, category of
street vending and such other particulars which may be relevant to the street
vendors. Notwithstanding
anything contained in any State law for the time being in force, no street
vendor, who carries on the street vending activities in accordance with the
terms and conditions of his certificate of vending shall be prevented from
exercising such rights by any person or police or any other authority. Any
street vendor who,- (a) indulges in vending activities without a
certificate of vending; (b) contravenes the terms of certificate of vending; or (c) contravenes any other terms and conditions
specified for the purpose of regulating street vending under this Act or any
rules or schemes made thereunder, shall be liable to a penalty for each such
contravention which may extend upto two thousand rupees or as may be determined
by the municipality. (1) Nothing contained in this Act shall be construed as
conferring upon a street vendor any temporary, permanent or perpetual right of
carrying out vending activities in the vending zones allotted to him or in
respect of any place on which he carries on such vending activity. (2) Nothing contained in sub-section (1) shall apply to
any stationery vendor, if a temporary leasehold or ownership right has been
conferred on him by a lease deed or otherwise, in respect of a place at
specific location where he carries on such vending activity. Every
town vending committee shall furnish, from time to time, to the Government and
the municipality such returns, as may be prescribed. The
Government may, in consultation with the town vending committee, municipality
and street vendor's associations or unions, undertake promotional measures of
making available credit, insurance and other welfare schemes of social security
for the street vendors The
Government may, to the extent of availability of financial and other
resources,- (a) organise capacity building programmes to enable the
street vendors to exercise the rights contemplated under this Act; (b) undertake research, education and training
programmes to advance knowledge and understanding of the role of the informal
sector in the economy, in general and the street vendors, in particular and to
raise awareness among the public through the town vending committee. The
competent authority for the purposes of this Act shall perform the following
duties, namely:- (i) monitor the execution of schemes in the
municipality; (ii) monitor the record of revenue generation and
expenses by the town vending committee; (iii) resolve any discrepancy which arises within the
town vending committee; (iv) call a joint meeting within every six months with
the town vending committee. The
Government may, by general or special order in writing, delegate such of its
powers and functions under this Act, as it may deem necessary, to the
municipality or the town vending committee or any other officer, subject to
such conditions, if any, as may be specified in that order. On
the recommendations made by the town vending committee, if the Government is satisfied
that it is necessary or expedient to do so, it may, by notification, amend the
Schedules. (1) The Government shall have the power to make rules
for carrying out the purposes of this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such rules/policy may provide for all or any
of the following matters, namely:- (a) the number of other members of the town vending
committee; (b) the form, period and manner of filing appeal with
the Divisional Commissioner; (c) the term of, and the manner of constituting, the
town vending committee; (d) the manner and the purpose for which a person may
be associated; (e) the returns to be furnished; (f) the manner of publishing summary of scheme; (g) determination of monthly maintenance charges for
the civic amenities and facilities in the vending zones; (h) determination of penalty; (i) any other matter which has to be or may be
prescribed for carrying out the objective of this Act. Subject
to the provisions of this Act or any rule or scheme made thereunder, the
municipality may make bye-laws to provide for all or any of the following
matters, namely:- (a) the regulation and manner of vending in vending
zones; (b) the regulation of the collection of taxes and fee
in the vending zones; (c) the regulation of traffic in the vending zones; (d) the regulation of the quality of products and
services provided to the public in vending zones and maintenance of public
health, hygiene and safety standards; (e) the regulation of civic services in the vending
zones; and (f) the regulation of such other matters in the vending
zones as may be necessary. (1) For the purposes of this Act, the competent
authority shall frame a scheme, within six months from the date of commencement
of this Act, after due consultations with the town vending committee,
specifying all or any of the matters provided in the Second Schedule. (2) A summary of the scheme under sub-section (1) shall
be published by the municipality in at least two local Hindi newspapers in such
manner, as may be prescribed. The
Government shall be competent to issue such directions in consonance with
section 32 of this Act for the proper enforcement of the provisions till the
rules are framed thereunder. If
any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as appear to it
to be necessary or expedient for removing the difficulty: Provided
that no order shall be made under this section after expiry of three years from
the commencement of this Act. (1) The Haryana Municipal Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Ordinance, 2013 (Haryana Ordinance
No. 2 of 2014) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the said Ordinance, shall be deemed to have been done or
taken under this Act. THE FIRST SCHEDULE (See section 18) Plan for Street vending (1) The Plan for street vending shall,- (a) ensure that all existing street vendors identified
in the survey are accommodated in the plan for street vending; (b) ensure the right of commuters to move freely and
use the roads without any impediment; (c) ensure that the provision of space or area for
street vending is reasonable and consistent with existing natural markets; (d) take into account the civic facilities for
appropriate use of identified spaces or areas as vending zones; (e) promote convenient, efficient and cost effective
distribution of goods and provision of services; (f) such other matters as may be specified in the
scheme to give effect to the plan for street vending. (2) The plan for street vending shall contain all of
the following matters, namely:- (a) determination of spatial planning norms for street
vending; (b) earmarking of space or area for vending zones; (c) determination of vending zones as
restriction-free-vending zones, restricted vending zones and no-vending zones; (d) making of spatial plans conducive and adequate for
the prevalent number of street vendors in that city or town and also for the
future growth, by adopting such norms as may be necessary; (e) consequential changes needed in the existing master
plan, development plan, zonal plan, layout plan and any other plan for
accommodating street vendors in the designated vending zones. (3) Declaration of no-vending zone shall be carried out
by the plan for street vending, subject to the following principles, namely:- (a) any existing market, or a natural market as identified
under the survey shall not be declared as a no-vending zone; (b) declaration of no-vending zone shall be done in a
manner which displaces the minimum percentage of street vendors; (c) The area considered as overcrowded area by the Town
Vending Committee may be declared as no-vending zone and the vendors in that
area shall be relocated as far as possible to other locations; (d) sanitary concerns may not be the basis for
declaring any area as a no-vending zone unless such concerns can be solely attributed
to street vendors and cannot be resolved through appropriate civic action by
the local authority; THE SECOND SCHEDULE (See section 34) Matters to be provided in the Scheme for Street
Vendors framed by the municipality:- (a) the manner of conducting survey; (b) the period within which certificate of vending
shall be issued to the street vendors identified under the survey; (c) the terms and conditions subject to which
certificate of vending may be issued to a street vendor including to those
persons who wish to carry on street vending during the intervening period of
two surveys; (d) the form and the manner in which the certificate of
vending may be issued to a street vendor; (e) the form and manner of issuing identity cards to
street vendors; (f) the criteria for issuing certificate of vending to
street vendors; (g) the vending fee to be paid on the basis of category
of street vending which may be different for different cities; (h) the manner of collecting, through banks, counters
of municipality and counters of Town Vending Committee, vending fee,
maintenance charges and penalties for registration, use of parking space for
mobile stalls and availing of civic services; (i) the period of validity of certificate of vending; (j) the period for which and the manner in which a
certificate of vending may be renewed and the fee for such renewal; (k) the manner in which the certificate of vending may
be suspended or cancelled; (l) the categories of street vendors other than
stationery vendors and mobile vendors; (m) the other categories of persons for preference for
issue of certificate of vending; (n) the public purpose for which a street vendor may be
relocated and the manner of relocating street vendor; (o) the manner of evicting a street vendor; (p) the manner of giving notice for eviction of a
street vendor; (q) the manner of evicting a street vendor physically
on failure to evict; (r) the manner of seizure of goods by the municipality,
including preparation and issue of list of goods seized; (s) the manner of reclaiming seized goods by the street
vendor and the fee for the same; (t) the form and the manner for carrying out social
audit of the activities of Town Vending Committee; (u) the conditions under which private places may be
designated as restriction free-vending zones, restricted-vending zones and
no-vending zones; (v) the terms and conditions for street vending
including norms to be observed for up keeping public health and hygiene; (w) the designation of State Nodal Officer for
co-ordination of all matters relating to street vending at the State Level; (x) the manner of maintenance of proper records and
other documents by the town vending committee, municipality, and State Nodal
Officer in respect of street vendors; (y) the manner of carrying out vending activities on
time-sharing basis; (z) the principles for determination of vending zones
as restriction-free-vending zones, restricted-vending zones and no-vending
zones; (za) ?the
principles for determining holding capacity of vending zones and the manner of undertaking
comprehensive census and survey; (zb) ?principles of relocation subject to the
following:- (i)??? ?relocation should be avoided as far as
possible, unless there is clear and urgent need for the land in question; (ii) ???affected
vendors or their representatives shall be involved in planning and
implementation of the rehabilitation project; (iii) ??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; (iv)? ?loss of assets shall be avoided and in case of
any loss, it shall be compensated; (v) ???any
transfer of title or other interest in land shall not affect the rights of
street vendors on such land, and any relocation consequent upon such a transfer
shall be done in accordance with the provisions of this Act; (vi) ??State
machinery shall take comprehensive measures to check and control the practice
of forced evictions; (vii) ?natural
markets where street vendors have conducted business for over fifty years shall
be declared as heritage markets, and the street vendors in such markets shall
not be relocated. (zc) ?any
other matter which may be included in the scheme for carrying out the purposes
of this Act.
Preamble - HARYANA MUNICIPAL STREET
VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014PREAMBLE