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
right of urban street vendors and regulating street vending activities. (1)
These rules may be called the Uttar Pradesh Street Vendors within
the area of an Industrial Development Authority (Protection of Livelihood and
Regulation of Street Vending) Rules, 2018. (2)
They shall be applicable to all Industrial Development Authorities
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 context otherwise requires,-- (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)
"Industrial Development Authority" means the Industrial
Development Authority constituted under Section 3 of the Uttar Pradesh
Industrial Area Development Act, 1976 (Act No. 6 of 1976); (e)
"Maintenance Fee" means the amount determined by the
Industrial Development Authority for the civic amenities and facilities
provided to a vendor in the vending zone; (f)
"No Vending Zone" means any area, place, location or a
zone or part thereof which is declared for not carrying on vending activities; (g)
"Plan" means a plan prepared under Section 21 of the
Act; (h)
"Restricted Vending Zone" means an area, place location
or a zone or part thereof where vending activities are permitted during certain
period of time; (i)
"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; (j)
"Scheme" means the scheme framed by the State Government
under Section 38 of the Act; (k)
"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 on any public place or open space. (2)
No person shall sell his wares or provide his services by vending
or hawking in any area or place 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 area and place 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
Industrial Development Authority in accordance with the provisions of Section
22 of the Act. The term of the Committee shall be for a period of two years
from the date of 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 scheme made thereunder and may constituted a fresh Town Vending
Committee in the place thereof. (2)
Each Town Vending Committee shall consist of,-- (a)
the Chief Executive Officer or any other official authorised by
the Chief Executive Officer, as the case may be, who shall be the Chairperson; (b)
eleven member nominated by the State Government in consultation
with the Chairperson; (c)
the number of members nominated on the basis of merit in
transparent manner by the Chairperson to represent the Non-Government
Organisation and the Community Based Organisations shall be two; (i)
remaining members shall be nominated from amongst following
categories-- (ii)
Chief Medical Superintendent/Chief Medical Officer; (iii)
one representative of the traffic police, nominated by the Senior
Superintendent of Police; (iv)
one representative of the local police, nominated by the Senior
Superintendent of Police; (v)
representatives of the city level registered market associations
and traders associations nominated by the Chief Executive Officer of Industrial
Development Authority whose number shall not be more than two; (vi)
not more than two members from Residents Welfare Associations
nominated by the Chief Executive Officer of Industrial Development Authority; (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 the Planning Department, nominated by the
C.A.P.; (x)
one representative of the Uttar Pradesh Power Corporation
nominated by the Chief Engineer/Project Engineer; (xi)
one representative of the Fire Department, nominated by the Chief
Fire Officer; (xii)
an officer of the Industrial Development Authority, nominated by
the Chief Executive Officer or any other official authorised by the Chief
Executive Officer, as the case may be, who shall act as Member-Secretary. (3)
The term of the members appointed other than the ex-officio
members shall be two years. However, the members who have completed the term of
two years, may be considered for reappointment. (4)
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 or the Chief Executive Officer or any other official
authorised by the Chief Executive Officer may, by order, remove such member
from 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 Industrial Development Authority 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 Industrial Development Authority Area. A
copy of the notice shall also be displayed in any conspicuous place in the
local markets under the jurisdiction of the Industrial Development Authority; (b)
the aforesaid notice shall contain, amongst other things, the date
of publication of notice, from 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 therefore under clause (d) and recommend for membership of Town
Vending Committee; (f)
the Industrial Development Authority 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 Industrial Development Authority and such other details as
it may think fit; (g)
clause (e), the Chief Executive Officer or any other official
authorised by the Chief 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 Industrial Development Authority shall select the required members on the
basis of lottery. Such lottery shall be held in the presence of the interested
parties; (i)
the Industrial Development Authority 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
website of the concerned Industrial Development Authority. (2)
The Chief Executive Officer or any other official authorised by
the Chief Executive Officer may appoint a Committee consisting of three
officers of the Industrial Development Authority 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 Industrial Development Authority; (f)
to recommend to the Industrial Development Authority for
demarcating areas for vending with no restriction, areas 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 Industrial Development Authority for preparing
a plan/promote the vocation of street vendors covering the matter contained in
the First Schedule of the Act; (h)
to recommend to the Industrial Development Authority for
determining nature of 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 location
to be made available to the vendors; (l)
to ensure continuation and upgradation 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
Industrial Development Authority and the State Government; (p)
to maintain and update records of the street vendors in details; (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 Industrial Development Authority; (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 Industrial Development Authority; (w)
to encourage and facilitate the organisations of weekly markets,
festival bazaars, 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 are 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 Industrial Development Authority 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 Industrial
Development Authority. (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 twenty four 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 wherever 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 allowance/Honorarium to
the Street Vendors elected as members of Town Vending Committee and the members
nominated under the provisions of clause (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, are 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 Chief Executive Officer or any other official authorised by the Chief
Executive Officer, as the case may be, shall designate an officer who shall be
responsible for implementing its decisions. The Industrial Development
Authority 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 performs 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 Industrial
Development Authority in accordance with the provisions of Section 3 of the
Act. (2)
The survey shall be conducted sector 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 Industrial Development Authority,
identified under the survey carried out under Rule 12 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 other official of the Industrial Development
Authority authorised by it in this behalf. (4)
Registration may be renewed after every three 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 13, shall be issued a certificate of vending in
Form 3 by the Town Vending Committee or any officer of the Industrial
Development Authority 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)
a 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 Industrial Development
Authority 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 on 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)
a street vendor shall ensure maintenance of civic amenities and
safety of public property in vending zone and the adjoining area; (vii)
a street vendor shall ensure that smooth flow of traffic/vehicles
and public convenience are not hindered due to vending activities; (viii) the
street 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, a 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 bridges and
flyovers; (xi)
outside places 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,
chadaras, sweet 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)
All things being equal 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 three 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 three years. (7)
Every street vendor who has been issued certificate of vending
shall pay to the Industrial Development Authority 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 Industrial Development
Authority such periodic maintenance charges for the civic amenities and
facilities provided in the vending zones as may be determined by the Industrial
Development Authority. (9)
Where the number of street vendors in a vending zone is found more
than the holding capacity of that zone, the Town Vending Committee shall carry
out 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 Industrial Development Authority certain areas, places,
sectors or part thereof may be declared as restriction free vending zone,
restricted vending zone and no vending zone by the Industrial Development
Authority on the recommendation of the Town Vending Committee. (2)
Vending places and vendor markets shall be determined by the
Industrial Development Authority 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 Industrial Development
Authority consisting of one or more sectors 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 places, areas, sectors may be designated as restricted
vending zone where vendors may not carry out any kind of vending activities
with regard to time and day etc. (5)
Certain places, areas, sectors may be designated as no vending
zone where vending activities shall be completely prohibited. (6)
The Industrial Development Authority may make byelaws for the
purposes of demarcation of vending zones keeping in view the local
circumstances, needs, practicability and rationale. In Master Plan prepared for the
development of the Industrial Development Area specific provisions for creating
new vending markets at the time of finalisation/revision of Master Plan and
Sector 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 Chief Executive Officer or any other
official authorised by the Chief Executive Officer. (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, as the case may be or is selling items
in open which are in violation of norms, the Town Vending Committee or Chief
Executive Officer or any other official authorised by the Chief Executive
Officer, may suspend the certificate of vending during the enquiry and
investigation for such period as if 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 hearing. (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 new site or area, as the case may
be, for carrying out his vending activities as may be determined by the
Industrial Development Authority 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 attracting the public or customers. (8)
Every street vendor shall extend full cooperation to the
Industrial Development Authority conservancy staff for cleaning the places, of
his/her vending and also to the other staff for carrying on any development
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)
Sale of prohibited goods by a street vendor shall, completely be
restricted. (1)
Street vendor who possesses a certificate of vending may be
relocated by the Industrial Development Authority 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 maintenance of law and order situation areas; (d)
the number of street vendors are more than holding capacity in the
vending zone; (e)
there is pressure of traffic and transportation and congestion
over it; (f)
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
Industrial Development Authority 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 without the process of
law; (e)
notice of thirty days for the relocation of a street vendor shall
be given in Form 5; (f)
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 Chief Executive Officer or any other official authorised by
the Chief Executive Officer. (1)
A street vendor may be evicted by the Industrial Development
Authority 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 Industrial Development Authority 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 Industrial Development Authority 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 Industrial Development Authority
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 an application to reclaim his goods to
the Chief Executive Officer or any other official authorised by the Chief
Executive Officer, 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 Industrial Development Authority
authorised by it in this behalf." (5)
The Chief Executive Officer or any other official authorised by
the Chief Executive Officer, 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
Industrial Development Authority authorised by the Town Vending Committee. (2)
Identity Card shall 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 Industrial Development Authority. (1)
Subject to the availability, following facilities may be provided
to the street vendors in the vending zone by the Industrial Development
Authority-- (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
Industrial Development Authority 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 grants from various schemes etc. 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 Chief Executive Officer or any other
official authorised by the Chief Executive Officer, 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 documents shall be attached while filing the appeal. (3)
The appellant shall submit his papers in the office of the Chief
Executive Officer or any other official authorised by the Chief Executive
Officer and shall get its acknowledgement. (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 Industrial Development Authority consisting of the Chief
Executive Officer or any other official authorised by the Chief Executive
Officer, as the case may be, of the Industrial Development Authority as
Chairperson and two other members of the Industrial Development Authority. (2)
On receipt of the application regarding the grievance or the
dispute the committee shall collect reports and comments of the Chief Executive
Officer or any other official authorised by the Chief Executive Officer, as the
case may be, on the matter and, shall take steps for redressal of such disputes
within one month from the receipt of the application. Steps taken in this
regard shall be communicated to the applicant 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 Industrial
Development Authority within thirty days from the communication of details
under sub-rule (2). (4)
The Industrial Development Authority 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 up-to-date information regarding each
street vendor, 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 Industrial Development Authority 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 Industrial
Development Authority 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
Principal Secretary, Department of Industries, State of Uttar Pradesh after the
approval of the Industrial Development Authority. The Principal Secretary,
Department of Industries, State of Uttar Pradesh shall-- (1)
control, supervise, exercise general superintendence, monitor the
implementation of the scheme by the Industrial Development Authority; (2)
get the periodical inspection of implementation of the scheme at
the field level conducted; (3)
review the performance of implementation of the scheme; (4)
issue necessary directives/guidelines to the Industrial
Development Authority for effective implementation of the scheme; (5)
conduct scrutiny of annual report submitted by the Industrial
Development Authority 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
Industrial Development Authority in connection with the disputes arisen during
implementation of the scheme; (9)
discharge any other function entrusted or delegated by the State
Government. The Principal Secretary,
Department of Industries, State of Uttar Pradesh or any officer authorised 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 Principal Secretary, Department of Industries, State of
Uttar Pradesh whose decision shall be final. (1)
The street vendor who contravenes or abets the contravention of
the provisions of these rules or scheme made hereunder may be punished with
fine which shall not be less than one thousand and five hundred rupees and not
more than two thousand rupees for every offence as may be determined by the
Industrial Development Authority. (2)
Notwithstanding anything contained in sub-rule (1), any offence
punishable under these rules may be compounded by the Chief Executive Officer
or any other official authorised by the Chief Executive Officer, on realisation
of the amount of the thousand rupees as compounding fee.UTTAR PRADESH STREET VENDORS
WITHIN THE AREA OF AN INDUSTRIAL DEVELOPMENT AUTHORITY (PROTECTION OF
LIVELIHOOD AND REGULATION OF STREET VENDING) RULES, 2018
PREAMBLE