In
exercise of the powers under Section 36 of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 (Act No. 7 of 2014), the
Governor is pleased to make the following rules with a view to protecting the
rights of urban street vendors and regulating street vending activities. (1)
These rules may be called "the Uttar Pradesh Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Rules, 2017". (2)
They shall be applicable to all Municipal Corporations, Municipal
Councils and Nagar Panchayats in the State of Uttar Pradesh. (3)
They shall come into force with effect from the date of their
publication in the Gazette. (1)
In these rules unless there is anything repugnant in the subject
or context,-- (a)
"Act" means the Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Act, 2014 (Act No. 7 of 2014); (b)
"Certificate of Vending" means the certificate issued by
the Town Vending Committee to authorise a vendor for the vending in such area
as may be specified in the certificate; (c)
"Form" means a Form appended to these rules; (d)
"Director" means an officer appointed as Director of
Urban Local Bodies by the State Government under the provisions of the Uttar
Pradesh Municipalities Act, 1916 and the Uttar Pradesh Municipal Corporation
Act, 1959; (e)
"Maintenance fee" means the amount determined by the Municipality
for the civic amenities and facilities provided to a vendor in the vending
zone; (f)
"Municipality" means the Municipal Corporation, the
Municipal Council or the Nagar Panchayat, as the case may be; (g)
"No Vending Zone" means any area, place, location or a
zone or part of it which is declared for not carrying on vending activities; (h)
"Plan" means a plan prepared under Section 21 of the
Act; (i)
"Restricted Vending Zone" means an area, place, location
or a zone or part thereof where vending activities are permitted during certain
period of time; (j)
"Restriction free Vending Zone" means an area, place or
location or a zone or part thereof where a street vendor may be allowed for
street vending activities without any restriction; (k)
"Scheme" means the scheme framed by the State Government
under Section 38 of the Act; (l)
"Vending Charges" means the charges paid by a vendor
from time to time who has been issued certificate of vending. (2)
Words and expressions not defined but defined in the Act shall
have the meanings respectively assigned to them in the Act. (1)
No person shall, without certificate of vending under these rules,
cover any place, display or install anything in connection with sale or provide
services or goods by vending or any public place or open space. (2)
No person shall sell his wares or provide his services by vending
or hawking in any areas or places other than mentioned in the certificate of
vending. (3)
No street vendor shall have the right to carry on the business of
street vending activities in any areas and places for which they do not have
certificate of vending given by the Town Vending Committee. (1)
There shall be constituted a Town Vending Committee in each
municipality in accordance with the provisions of Section 22 of the Act. The
term of the Committee, shall be for a period of five years from the date its
first meeting: Provided that the State
Government may dissolve a Town Vending Committee if it is of opinion that the
Committee is not functioning in accordance with the provisions of the Act,
rules and schemes made thereunder and shall constitute a fresh Town Vending
Committee within three month from the date of dissolution of the set a new
Committee. (2)
Each Town Vending Committee shall consist of; (a)
the Municipal Commissioner or the Executive Officer, as the case
may be, who shall be the Chairperson; (b)
Members, whose number shall be, (i)
not more than ten in case of Nagar Panchayat, (ii)
not less than ten and not more than twenty in case of Municipal
Council, and (iii)
not less than twenty and not more than forty, in case of Municipal
Corporation, (c)
the number of members nominated on the basis of merit in
transparent manner by the Municipal Commissioner of Executive Officer to
represent the Non Government Organisations and the Community Based
Organisations shall not be less than ten per cent; (d)
the number of members representing the street vendors of the
municipal area shall not be less than forty per cent who shall be elected from
amongst themselves in the manner provided under Rule 5: Provided that one third of
members representing the street vendors shall be from amongst women vendors: Provided further that due
representation shall be given to the Scheduled Castes, Scheduled Tribes, other
backward classes, minorities and persons with disabilities from amongst members
representing street vendors. (e)
remaining members shall be nominated from amongst the following
categories- (i)
the members or corporators of the municipality whose number shall
not be more than two nominated by the Chairperson; (ii)
Medical Officer of Health of the Municipality, (wherever
available); (iii)
one representative of the traffic police, nominated by the
Superintendent of Police (Traffic); (iv)
one representatives of the local police, not below the rank of Circle
Officer nominated by the Senior Superintendent of Police; (v)
representatives of the City level registered market associations
and trader's associations nominated by the Chairperson of a Municipality whose
number shall not be more than two; (vi)
not more than two members from Residents Welfare Associations
nominated by the Municipal Commissioner or Executive Officer; (vii)
one representative of the district administration nominated by the
District Magistrate; (viii) one
representative of the lead bank nominated by the Chief Manager; (ix)
one representative of a Uttar Pradesh Housing and Development
Board, nominated by the Housing Commissioner; (x)
one representative of a Development Authority, nominated by the
Vice Chairman thereof; (xi)
one representative of the Town and Country Planning, Uttar Pradesh
nominated by the Chief Town and Country Planner; (xii)
one representative of the Public works Department of the State
nominated by the Chief Engineer; (xiii) one
representative of the Uttar Pradesh Power Corporation, nominated by the
Executive Engineer; (xiv)
One representative of the Fire Department, of the State nominated
by the Superintendent of Police (Fire); (xv)
An officer of the Municipality, nominated by the Municipal
Commissioner of Executive Officer as the case may be, who shall act as
Member-Secretary. (3)
If in the opinion of the State Government any member of Town
Vending Committee persistently defaults in the performance of his duties
imposed on him by/or under the Act or these rules or abuses his powers, the
State Government may, by order, remove such member form the Town Vending
Committee: Provided that such member shall
be given an opportunity of being heard before his/her removal. (1)
A member from street vendors shall be elected in following
manner-- (a)
the Municipality concerned shall publish a notice calling for
application from registered associations of the street vendors for membership
of Town Vending Committee, in any two prominent daily newspapers having
circulation in such municipality. A copy of the notice shall also be displayed
in any conspicuous place in the local markets under the jurisdiction of the
municipality. (b)
the aforesaid notice shall contain, amongst other things, the date
of publication of notice, form for the application, the last date and manner of
submission of the application. (c)
the aforesaid notice shall be published thirty days prior to last
date for the submission of the applications for membership of Town Vending
Committee. (d)
any person, being a member of any association may apply to his
association for the membership of Town Vending Committee along with the proof
of his/her identity, address and the character certificate. (e)
the association of street vendors may elect its members out of the
members applied therefor under clause (d) and recommend for membership of Town
Vending Committee. (f)
the municipality shall seek informations, with respect to,
particulars of the applicants recommended under clause (e), details of work
experience, particularly in the area of street vending within the jurisdiction
of the municipality and such other details as it may think fit. (g)
on submission of the recommendations referred to in clause (e),
the Municipal Commissioner or Executive officer shall allot a unique
application number to each recommended applicant and communicate to all
applicants as well as the vendor associations. (h)
if recommendations received are more than the required numbers,
the municipality shall select the required members on the basis of lottery.
Such lottery shall be held in the presence of the interested parties. (i)
the municipality shall publish the aforesaid informations and also
the list of nominated members of Town Vending Committee on its website. (j)
the formation of Town Vending Committee shall be published on the
website of the concerned municipality and be issue a press note regarding it. (2)
The Municipal Commissioner or Executive Officer may appoint a
Committee consisting of there officers of the municipality for the purpose
under sub-rule (1). The functions of Town Vending
Committee shall be- (a)
to conduct a survey of all existing street vendors within the area
under its jurisdiction and to ensure their accommodation in the vending zones
subject to the norms and holding capacity of the vending zone; (b)
to issue certificate of vending subject to such terms and
conditions and within such period as specified in the scheme including the
restrictions specified in the plan for street vendor; (c)
to cancel or suspend the certificate of vending where street vendor
commits breach of any terms or conditions specified for regulating street
vending after giving him an opportunity of being heard; (d)
to ensure that the identity card should be issued to every street
vendor who has been provided certificate of vending; (e)
to monitor the civic facilities to be provided to the street
vendors by the municipality; (f)
to recommend to the municipality for demarcating areas for vending
with no restriction, area, with restriction with regard to the dates, days and
time and, areas which would be earmarked as no vending zones; (g)
to recommend to the municipality for preparing a plan to promote
the vocation of street vendors covering the matters contained in the First
Schedule of the Act; (h)
to recommend to the municipality for determining natural markets; (i)
to set the terms and conditions for vending; (j)
to collect fees or other charges; (k)
to decide the standards regarding an area or a place or a location
to be made available to the vendors; (l)
to ensure continuation and up-gradation of weekly markets; (m)
to monitor the implementation and execution of vending scheme
framed under Section 38 of the Act; (n)
to fix vending fee from time to time; (o)
to furnish return or annual report from time to time to the
municipality and the State Government; (p)
to maintain and update records of the street vendors in detail; (q)
to publish street vendors' charter; (r)
to carry out social audit of its activities; (s)
to send recommendations to the State Government to undertake
promotional measures of making available credit, insurance and other welfare
schemes of social security to the street vendors; (t)
to assess and determine maximum holding capacity of each vending
zone; (u)
to undertake periodic survey/census to assess the increase or
decrease in the number of vendors in the municipality; (v)
to ensure that the quality of products and services provided to
the public is as per standards of public health, hygiene and safety laid down
by the municipality and other authorities; (w)
to encourage and facilitate the organisations of weekly markets,
festival Bazars, night markets to celebrate important occasions, holidays
including city/town/market formation day etc; (x)
to ensure that those mobile vendors who have been allotted
stalls/vending spots/vending areas ate actually using them and take necessary
action to ensure that these are not rented out or sold to others; and (y)
any other functions as may be assigned from time to time by the
State Government or the municipality concerned. (1)
The Town Vending Committee shall meet at least quarterly in every
year for the transaction of business at such place and such time as may be
decided by its Chairperson within the jurisdiction of the Municipality. (2)
A list of business to be transacted at every meeting except an
adjourned meeting shall! be sent to each member of the Town Vending Committee
at least forty eight hours before the time fixed for each meeting: Provided that if the list of
business is sent by post it shall be so sent that it may be served to the
members within stipulated time. (3)
The Chairperson of the Town Vending Committee may, whenever he
thinks fit, and shall, upon the requisition made in writing by not less than
one-third of the total number of members of the Committee, call a meeting of
the Committee. (4)
The Town Vending Committee may associate any person or persons
having special knowledge or experience in respect of matters within the ambit
of the Town Vending Committee and may pay him/her or them such allowance as may
be determined by the Committee. (5)
The Town Vending Committee may pay such allowances to the street
vendors elected as members of Town Vending Committee and the members nominated
under the provisions of clauses {b) and (c) of sub-rule (2) of Rule 4, except
the officials, as may be determined by it. No business shall be transacted
at any meeting of the Committee unless at least one third of total number of
members thereof, is present throughout the meeting. (1)
All matters required to be considered and decided by the
Committee, shall be determined by a majority of members present and voting. (2)
Keeping in view the exigencies of matter, the Committee may take
decisions by circulation of the agenda. (3)
The proceeding of the last meeting shall be confirmed in the next
meeting of the Committee. (4)
In order to implement the decisions of the town vending committee,
the Municipal: Commissioner or the Executive Officer as the case may be, shall
designate an officer who shall be responsible for implementing its decisions. The municipality shall provide
the Town Vending Committee proper office space with adequate furniture,
sufficient number of employees and an officer to act as Secretary of the
Committee. (1)
The Town Vending Committee may constitute one or more
sub-committees to discharge any of its functions. (2)
A sub-committee constituted under sub-rule (1) shall have such
powers and perform such functions as the Town Vending Committee may from time
to time delegate or confer. (1)
The Town Vending Committee shall conduct a survey of all existing
street vendors within the area under its jurisdiction in the municipality in
accordance with the provisions of Section 3 of the Act. (2)
The survey shall be conducted zone, ward or market wise as the
case may be in Form 1 and all the data shall be stored digitally. (1)
All street vendors in each municipality, identified under the
survey carried out under Rule 11 shall be registered on the basis of reliable
means of identification at a nominal fee fixed by the Town Vending Committee. (2)
Those who wishes to take up street vending for the first time
shall have to apply for registration as vendor provided they give a statement
on oath that they do not have any other means of livelihood and shall be
personally operating from the vending spot, with the help of his family
members. Certificate of vending to him may be issued subject to availability of
space in the vending zone. (3)
The power to register the vendors in Form 2 would be vested with
the Town Vending Committee or any officer authorised by it in this behalf. (4)
Registration may be renewed after every five years. (5)
The street vendors, identified under the survey who have not
completed the age of fourteen years on the date of application, shall not be
registered. (1)
Every street vendor identified under survey carried out under Rule
11 and registered under Rule 12, shall be issued a certificate of vending in
Form 3 by the Town Vending Committee or any officer of the municipality
authorised by it in this behalf. (2)
Every street vendor shall follow the conditions mentioned under
Section 5 of the Act. (3)
The certificate of vending shall be issued under any one of the
following categories, namely- (a)
a stationary vendor, or (b)
a mobile vendor, or (c)
vendors in weekly markets, or (d)
any other category as may be specified in the scheme or as may be
determined by the Town Vending Committee. (4)
The terms and conditions on which the certificate of vending shall
be issued after giving an undertaking in Form 2 are-- (i)
there shall be restrictions to build permanent structure for
stationary vending; (ii)
street vendor shall pay the fees as determined by the Town Vending
Committee regularly and timely; (iii)
waste produced during street vending shall not be thrown on road,
footpath, or in drains or sewer line. The waste shall be collected in a dustbin
and be handed over to the agency authorised by the municipality for door to
door collection. For this service, they have to pay monthly user charges; (iv)
every street vendor shall maintain cleanliness at the place of
vending and the adjoining areas. Food street vendors selling eatables shall
maintain public health and personal hygiene; (v)
vending shall be carried only on the allotted place and time
mentioned in the vending certificate. Any contravention shall be treated as
violation of the Act and the scheme and the vendor shall be liable to such
penalty as may be determined under the provisions of the Act which includes the
cancellation of the vending certificate; (vi)
street vendor shall ensure maintenance of civic amenities and
safety of public property in Vending zone and the adjoining areas; (vii)
street vendor shall ensure that smooth flow of traffic/vehicles
and public convenience are not hindered due to vending activities; (viii) the
streets vendors shall not sell prohibited goods. They shall not do any such
activity/work/business/service which pollutes the environment or causes public
hindrance/nuisance; (ix)
if necessary, street vendor may be relocated under the provisions
of Section 18 of the Act to the adjoining vending zone on the availability of
space; (x)
there shall be no vending activities on foot over bridge and
flyovers; (xi)
outside place of worship, vendors can be permitted to carry on
vending activities and to sell items required by the devotees for offering to
the deity or for like flowers, sandalwood, candles, agarbatties, coconut,
chadars, sweets etc. Town Vending Committee may take decision in this matter in
accordance with the local circumstances and street vendors shall have to abide
by these restrictions and instructions. (5)
The preference shall be given to the vendors belonging to the
Scheduled Castes, the Scheduled Tribes, other Backward Classes, women, persons
with disabilities and minorities for issuing the certificate of vending. (6)
The certificate of vending shall be issued for five years. If all
the terms and conditions were followed sincerely and no violation of rules and
Act was committed, the certificate of vending shall be renewed further for the
period of five years. (7)
Every street vendor who has been issued certificate of vending
shall pay to the municipality such vending fee as may be fixed by the Town
Vending Committee keeping in view the local conditions and categories of street
vendors. (8)
Every street vendor shall pay to the municipality such periodic
maintenance charges for the civic amenities and facilities provided in the
vending zones as may be determined by the Municipality. (9)
Where the number of street vendors in a vending zone in found more
than the holding capacity of the zone, the Town Vending Committee shall
carryout a draw of lottery for issuing the certificate of vending for that
vending zone. Remaining street vendors shall be accommodated in any adjoining
vending zone where the proper place for street vending is available. (1)
In every municipality certain areas, places, wards or zones or
part thereof may be declared as restriction free vending zone, restricted
vending zone and no vending zone by the municipality on the recommendation of
the Town Vending Committee. (2)
Vending places and vendor markets shall be determined by the
municipality concerned for the stationary vendors who carry out vending
activities on regular basis at a specific location. (3)
There shall be vending zones in every municipality consisting of
one or more wards for mobile vendors, who, may carry out vending activities in
designated areas by moving from one place to another for vending their goods
and services. (4)
Certain place, areas, wards or zones may be designated as
restricted vending zone where vendors may not carry out kind of vending
activities with regard to time and day etc. (5)
Certain place, areas, wards or zones may be designated as no
vending zone where vending activities shall be completely prohibited. (6)
The municipality may make byelaws for the purposes of demarcation
of vending zones keeping in view the local circumstances, needs, practicability
and rationale. In City/Town Master Plan,
specific provisions for creating new vending markets at the time of
finalization/revision of Master Plan, Zonal Plans and Local Area Plans shall be
made. The space reserved in such plans should be commensurate with the current
number of vendors and their rate of growth on perspective basis be based on the
rate of growth over preceding five years. (1)
Cancellation or suspension of the certificate of vending shall be
done by the Town Vending Committee or any officer authorised by it in this
behalf. (2)
If the prescribed conditions are violated at any time by a street
vendor or obstruction in traffic movement or nuisance from his vending activity
is verified, the certificate of vending may be cancelled and necessary actions
may be taken. (3)
Where the holder of the certificate of vending commits breach of
any of the terms and conditions specified under the Act or these rules or
scheme made thereunder or has secured the certificate of vending through
misrepresentation or fraud or forgery, or any article whatever hawked or
exposed for sale in public place or in any public street in contravention of
provisions of Uttar Pradesh Municipal Corporation Act, 1959 or the Uttar
Pradesh Municipalities Act, 1916 as the case may be, the Town Vending Committee
or any officer authorised by it in this behalf, may suspend the certificate of
vending during the enquiry and investigation for such period as it or he/she
thinks fit or after issuing him a show cause notice in Form-4 and may cancel
the certificate of vending after giving an opportunity of being heard. (1)
Every street vendor shall have the right to carry on the business
of street vending activities in accordance with the terms and conditions
mentioned in the certificate of vending; (2)
Every street vendor, who possesses a certificate of vending, shall
in case of his relocation, be entitled for now 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. (3)
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. (4)
Every street vendor shall maintain civic amenities and public
property in the vending zone in good condition and not damage or destroy or
cause any damage or destruction thereof. (5)
Every stationary street vendor may be provided an area of not
exceeding 2 metres x 2 metres wherever available suitably in vending zone in
the manner that the vehicular and pedestrian traffic shall not be obstructed
and access to shops and residences shall not be blocked. (6)
There shall be no vending activities on foot over, over bridges,
and flyovers. (7)
Every Street vendor shall not create any noise by shouting or
playing any instrument or music for attraction the public or customers. (8)
Every street vendor shall extend full cooperation to the municipal
conservancy staff for cleaning the places, of his/her vending and also to the
other municipal staff for carrying on any municipal work. (9)
Every street vendor shall keep his surroundings neat and clean. (10)
No structure of any type shall be made at the vending area or
place. (11)
A street vendor shall not Sale prohibited goods. (1)
Street vendor who possesses a certificate of vending may be
relocated by the municipality if.- (a)
ward or part thereof or the place is declared to be a no vending
zone for any public purpose; (b)
construction and development for maintenance of civic amenities or
other infrastructure is undertaken; (c)
there is hindrance, obstruction or disturbance in traffic and
transportation; (d)
maintenance of law and order situation arises; (e)
the number of street vendors are more than holding capacity in the
vending zone; (f)
there is pressure of traffic and transportation and congestion
over it; (g)
there is any other reason which is proper in view of the Town
Vending Committee. (2)
The relocation should be made keeping in view the availability of
space, transportation, movement of traffic and density of population. The
Municipality on the recommendation of the Town Vending Committee shall
determine the holding capacity of the area in light of the said criteria and
local needs. (3)
The proceeding of relocation of street vendors shall be done in
view of the following conditions- (a)
The place for which the certificate of vending has been issued, is
urgently required for most essential public purposes; (b)
relocation of street vendor shall be done in such a way that
he/she may at least, maintain his/her livelihood. (c)
as far as possible, assets of street vendor shall not be
destroyed; (d)
the street vendor shall not be relocated otherwise than due
process of law; (e)
the natural markets where vending activities are carried out for
more than fifty years, may be declared as heritage markets and street vendors
carrying vending activities therein may not be relocated; (f)
notice of thirty days for the relocation of a street vendor shall
be given in Form 5. (g)
A street vendor who fails to vacate the place within the time
mentioned in the notice shall be relocated from the place by force as may be
determined by the Municipal Commissioner or the Executive Officer or any
officer authorised in this behalf. (1)
A street vendor may be evicted by the municipality if-- (a)
his/her certificate of vending has been cancelled under Section 10
of the Act; (b)
he/she does not have a valid certificate of vending; (c)
he/she is found carrying on street vending activities without
certificate of vending; (d)
he/she has violated the provisions of the Act and the rules made
thereunder; (e)
the municipality or any officer authorised by it in this behalf
thinks proper and justified. (2)
A street vendor shall only be evicted after giving one month
notice in Form 6. (3)
If a street vendor, fails to comply with the notice under sub-rule
(2) and does not vacate the place, the municipality or any officer authorised by
it shall evict him physically by such force as may be deemed fit. (1)
If a street vendor does not comply with the notice issued to
vacate place, after expiry of one month, the municipality may also seize the
goods of such street vendor. (2)
Seizure and reclaiming of goods shall be done under the provisions
of Section 19 of the Act. (3)
A street vendor may submit application to reclaim his goods to the
Municipal Commissioner or the Executive Officer or the officer authorised in
this behalf, as the case may be. (4)
The fee for reclaiming the seized goods shall be determined by the
Town Vending Committee or any officer of municipality authorised by it in this
behalf. (5)
The Municipal Commissioner or the Executive Officer or any officer
authorised in this behalf, as the case may be, may release the goods after
payment of the fee fixed under sub-rule (4) and taking an undertaking from the
street vendor whose goods have been seized that he/she shall not carry on
street vending activities on evicted place or at any other place in the zone. (1)
Every street vendor who has been issued certificate of vending
shall be issued identity card in Form-7 duly signed by an officer of the
Municipality authorised by the Town Vending Committee. (2)
Identity card be kept in the pocket of street vendor and shall be
shown on demand of any officer authorised by the Town Vending Committee or the
Municipality. (1)
Subject to the availability, following facilities may be provided
to the street vendors in the vending zone by the Municipality-- (a)
facility of solid wastes disposal, (b)
facility of public toilets, (c)
facility of drinking water, (d)
facility of light, (e)
any other facility which is considered to be necessary by the
municipality concerned. (2)
(a) financial assistance to a street vendor may be provided so as
to make him/her capable of conducting the business, Self-Help Groups may be
constituted by the groups thereof by own contributions, loans from financial
institutions and grant from various schemes etc may be provided. A fund may be
established and financial assistance may be provided to the members of Self
Help Groups; (b) group insurance scheme may be
introduced for street vendors who have been issued certificate of vending; (c) for the promotion of social
status and for the welfare schemes of social security of the street vendors,
help of non-government organisations, street vendors associations and unions
and other welfare organisations may be taken. (1)
Any person who is aggrieved by any decision of the Town Vending
Committee may prefer an appeal to the Mayor or the Chairperson as the case may
be, within thirty days of receipt of the order. (2)
A copy of the order of Town Vending Committee and other relevant
records and other relevant records and document shall be attached while filing
the appeal. (3)
The appellant shall submit his papers in the office of the Mayor
or the Chairperson, as the case may be, and shall get its acknowledgment (4)
Date of hearing shall be fixed and summons shall be sent to give
an opportunity of hearing to the appellant as well as the Town Vending
Committee. (1)
For the purpose of considering the applications made in writing by
the street vendors for redressal of grievances or resolving of disputes, an
application shall be given to the Executive Committee or to a Committee constituted
by the municipality consisting of the Mayor or the Chairperson as the case may
be of the municipality as Chairperson and two other members of the
municipality. (2)
On receipt of the application regarding the grievance or the
dispute the committee shall collect reports and comments of the Municipal
Commissioner or the Executive Officer, as the case may be, on the matter and,
shall take steps for redressal of such disputes within one month form the
receipt of the application. Steps taken in this regard shall be communicated to
the application in writing within forty five days from the receipt of the
application. (3)
Any person who is aggrieved by the decision of the committee
constituted under sub-rule (1) may prefer an appeal to the municipality within
thirty days from the communication of details under sub-rule (2). (4)
The municipality shall issue summon to the appellant and after
giving him an opportunity of being heard within one month may dispose of the
appeal within one month next following. Monitoring of the provisions
prescribed in these rules and the Act shall be carried on at the following
levels-- (a)
Town Vending Committee shall be responsible to monitor the
implementation of policies and provisions mentioned in these rules; (b)
Town Vending Committee or any officer authorised by it in this
behalf shall maintain a register of update information regarding each street
vender, stationary or mobile, or of weekly market containing name of such
street vendor, space allotted to him, nature of business or vending carried out
by him, category of street vending, details of appeals, redressal of
grievances, resolving of the disputes, vending fee, registration fee, penalty,
maintenance charges, user charges, cash book and such other particulars as may
be relevant to the street vendors; (c)
The municipality shall, continuously monitor the functioning and
activities of the Town Vending Committee; (d)
An annual report of the Town Vending Committee, containing the
following details shall, as soon as possible, be laid before the municipality
which may thereupon take such actions as it thinks fit-- (i)
Number of street vendors (stationary, mobile and of weekly
markets) who have been issued certificate of vending, (ii)
Revenue collected (head wise), (iii)
Promotional and other measures undertaken, (iv)
Number of appeals received and disposed, (v)
Number of grievances redressed and disputes resolved, (vi)
Expenditure incurred, (vii)
Steps taken for the welfare and betterment of street vendors, (viii) Best
practices (if any), (ix)
Any other achievement on the subject; (e)
The Town Vending Committee shall furnish the annual report to the
Director of Urban Local Bodies after the approval of the municipality. The Director of Urban Local
Bodies shall- (1)
control, supervise, exercise general superintendence, monitor the
implementation of the scheme by the municipalities, (2)
make periodical inspection of implementation of the scheme at the
field level, (3)
review the performance of implementation of the scheme, (4)
issue necessary directives/guidelines to he municipality for
effective implementation of the scheme, (5)
conduct scrutiny of annual report submitted by the municipality
and issue directives for successful implementation of the scheme, (6)
cause to be made concurrent evaluation of implementation of the
scheme, (7)
lease with the State and Central Governments for accomplishing the
objectives of the scheme, (8)
act as final authority in the matters referred to by the
municipality in connection with the disputes arisen during implementation of
the scheme, (9)
discharge any other function entrusted or delegated by the State
Government. The Director of Urban Local
Bodies or any officers authorized by him in this behalf shall be the State
Nodal Officer for coordination of all matters relating to street vending at the
State level. In the event of any dispute or
question arising in the exercising of powers under jurisdiction of the Town
Vending Committee or relating to other matters, the dispute or question shall
be referred to the Director of Urban Local Bodies whose decision shall be
final. (1)
The street vendor who contravenes or abets the contravention of
the provisions of these rules or scheme made there under may be punished with
fine which shall not be less than one thousand any five hundred rupees and not
more than two thousand rupees for every offence as may be determined by the
Municipality. (2)
Notwithstanding anything contained in sub-rule (1), any offence
punishable under these rules may be compounded by the Municipal Commissioner or
the Executive Officer or any officer authorised in this behalf, or realisation
of the amount of the thousand rupees as compounding fee. UTTAR PRADESH STREET VENDORS
(PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) RULES, 2017
PREAMBLE