UTTARAKAHND STREET VENDORS (PROTECTION OF
LIVELIHOOD AND REGULATION OF STREET VENDING) RULES, 2016
PREAMBLE
Whereas as per the
expectation of the sub section 1 of section 300 of Uttarakhand (The Uttar
Pradesh Municipalities Act, 1916) (Adaptation and Modification Order, 2002)
Adaptation and Modification Order, 2007, and sub section (2) of section 540 of
Uttarakhand (The Uttar Pradesh Municipal Corporations Act, 1959) (Adaptation
and Modification Order, 2002) Adaptation and Modification Order, 2007, The
Uttarakhand State Street Vendors(Protection of livelihood and regulation of
street vending) Rules-2014 was published vide Govt. notification
no.-1614/IV(2)-''k0fo0-2014-246(lk0)04-TC 1 to invite objections and
suggestions.
And whereas
objections or suggestions received within stipulated time period have been
resolved as per the procedure;
Therefore now, the
Governor is pleased under sub section (21) of section 114 of above Municipal
Corporations Act and sub section (b) of 296 and section 451 & 453 of
Municipalities Act prepare following rules to regulate Urban Street Vending
within all Urban Local Bodies of Uttarakhand.
The Uttarakhand
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Rules, 2016.
Rule - 1. Short title, extent and commencement.-
(1)
These rules may be called the Uttarakahnd
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Rules, 2016.
(2)
It extends to all Municipal Corporations,
Municipal Boards and Nagar Panchayat of Uttarakhand.
(3)
They shall come into force on the date of
their publication in the official Gazette.
Rule - 2. Definitions.-
In these rules,
unless there is something repugnant in the subject or context,-
(a)
"Act" means The Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Act 2014 enacted by
Govt. of India.
(b)
Licensing means the license issued under
these rules
(c)
"Town Vending Committee" means the
body constituted by the local authority for protecting the livelihoods of
vendors and regulation of vending activities and vested with the power of
demarcation of vending zones and registration of vendors.
(d)
"local body" means all Municipal
Corporations or a Municipal Councils or a Nagar Panchayats, in Uttrakhand which
provide civic services and regulate street vending. It will also include the
"planning authority" which regulates the land use in that town.
(e)
"State Nodal Officer" means the
Director, Urban Development Directorate, Uttarakahnd
(f)
Street Vendor" means a person who offers
goods of everyday use or services of general public for sale without having a
permanent built-up structure but from a temporary built up structure or mobile
shop or by carrying weight on their head. Street vendor may be stationary by occupying
space on side walk or other public/private places or may be mobile so as to
sell their goods on pushcarts, bicycle, baskets on their heads or in moving bus
etc. Urban street vendor incorporate trader and service provider, stationary
and mobile vendors, patriwala, sidewalk traders etc.
(g)
"Side walk of Road" means part
towards footpath of road or part situated near end of road.
(h)
"Fee" means licensing fee,
registration fee, monthly fee or other such fees.
(i)
"Restriction-free Vending Zones"
means an area where no restriction has been imposed except for compliance of
rules of street vending.
(j)
"Restricted Vending Zones" means an
area where Town Vending Committee has given license of street vending for fixed
days, dates, time or occasions.
(k)
"No vending zone" (vending less
area) means an area for which no license has been issued.
(l)
"Public Place" means a space which
is open to the use or enjoyment of the public.
(m)
"First Appellate Officer" means
District Magistrate and Sub-Divisional Magistrate for Municipal Corporation and
Municipal Council/Nagar Panchayat respectively of the concerned District.
(n)
"Second Appellate Officer" means
Commissioner and District Magistrate for Municipal Corporation and Municipal
Council/Nagar Panchayat respectively of the concerned district.
(o)
"Mobile Street Vendor" means street
vendors who move from designated place to place for vending their goods and
services.
(p)
"Stationary vendors" means street
vendors who carry out vending activities on regular basis at a specific
location.
(q)
Lead Bank Manager means competent authority
of the public sector bank nominated as lead bank by RBI for the planning,
implementation and monitoring of credit related activities of all the banks at
the district level.
(r)
Local authority means Municipal Commissioner
for Municipal Corporation (i.e.-Nagar Nigam) and Executive Officer for
Municipalities (i.e.- Nagar Palika Parishad & Nagar Panchayat)
Rule - 3. Prohibition.-
Except in the area
licensed under these rules, no person shall occupy any space in any public
place or open land for selling, display or placing of any goods or by parking
vehicle and shall not do vending activity of goods or services
Rule - 4. Demarcation of vending zones.-
(a)
The identification and demarcation of vending
zones, places or markets in each Municipality shall be done by Town Vending
Committee in following manner;
(1)
Restriction-free Vending Zones (definition 2
(i))
(2)
Restricted Vending Zones (definition 2 (j))
(3)
No vending zone (definition 2 (k))
Vending less area
(No vending zone);
(b)
(1) Keeping in view the traffic hazards,
historical, archaeological & religious Importance of a place and the public
interest, the Town Vending Committee may declare any area as "No vending
zone"
(2) Treating
Street vendors transacting business in "No Vending Zone" as encroachment,
the town vending committee shall be entitled to undertake action under
prescribed provisions of relevant sections of Municipal
corporation/Municipality Act and their identity cards and registration shall be
cancelled.
(3) The Town
Vending Committee may extend the limit of "NO Vending Zone" at any
time keeping in view the public health, hygiene, safety and public convenience
or similar factors. But before taking such decision, views of all concerned
parties viz. Vendors, concerned police officer and public representative or
public organization should be considered.
Rule - 5. Survey of street vendors.-
(1)
The Town Vending Committee shall complete
digitalised photo survey of all existing vendors in the town and enlist them
within one month of the coming into force of Rules.
(2)
The resurvey of street vendors shall be
carried out at least once in every five years.
Rule - 6. Protection from eviction or relocation of street vendors.-
(1)
Town Vending Committee shall ensure that all
existing street vendors, identified in the survey, are accommodated in the
identified vending zones.
(2)
No street vendor shall be evicted or
relocated till the survey specified under section 5
(3)
has been completed and the license of vending
is issued to all street vendors.
Rule - 7. Registration and issue of Identity card.-
(1)
Application for registration shall be
obtained from street vendors on format "A".
(2)
The Town Vending Committee shall prepare
identity cards for all street vendors in each town on the basis of reliable
source of identity.
(3)
Street vendors who are not included under the
survey or wish to take up street vending for the first time shall have the
right to apply for registration. The concerned street vendors shall give an
affidavit to this effect that they do not have any other means of livelihood.
(4)
The registration shall be renewed every year.
Rule - 8. Vending license and Conditions for license.-
(1)
The holding capacity of each vending zone
shall be assessed.
(2)
In each Urban Local Body, 20% space of
identified vending zone shall be provisioned for physically handicapped street
vendors.
(3)
The vending license shall be issued zone
wise.
(4)
The application for vending license may be
given by all registered street vendors and the application may be made for many
vending zones.
(5)
To grant vending license on the applications
received, the selection of street vendors shall be done through a clear and
transparent process on the basis of holding capacity of vending zone.
(6)
where applications exceed the holding
capacity of the vending zone, the selection of street vendors shall be done by
draw of lots or time based vending license shall be issued.
(7)
The Town Vending Committee shall issue
license on annual basis after payment of prescribed fee by the selected
applicants. The necessary action for survey/registration and issue of license
of street vendors/hawkers shall be done under continuing process.
(8)
The part time license may be issued on
payment of proportionate fee in special circumstances for fares, seasonal
functions, festivals and festivities. No fee shall be charged from the street
vendors who have already obtained license under this.
(9)
The identity card of each licensed street
vendor shall contain the following information:
(one) Vendor Code
No.
(Two) Name, Age,
Address and photograph of the Vendor;
(Three) Name of
any one Nominee of the family;
(Four) Category
(Stationary/Mobile);
(Five) Vending
Location where owner of identity card has been granted license for Stationary
of Mobile vending
(Six) Validity of
License from..............up to ...............
(10)
The identity card shall be made available on
demand by Town Vending Committee:
(11)
Members more than one of a family shall not
be given any license;
(12)
Children below 14 years of age shall not be
issued an identity card to transact vending;
(13)
The Town Vending Committee while issuing
license of vending shall provide for preference to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes, persons with disabilities, minorities
or such other categories;
(14)
Every street vendor who has been issued license
of vending shall pay specified vending Fees;
Rule - 9. Categories of License of vending.-
The license of
vending shall be issued under following categories:-
(1)
a stationary vendor
(2)
a mobile vendor
(3)
other category as may be specified by the
State
Rule - 10. Cancellation or suspension of license of vending.-
The Town Vending
Committee may suspend or cancel the license of vending under following
circumstances:-
(1)
If any street vendor at any time commits
breach of any of the prescribed conditions under this Act or Rules or his
vending testifies obstruction in traffic or creation of environment pollution;
(2)
The Town Vending Committee is satisfied that
such license of vending has been secured by the street vendor through
misrepresentation or fraud;
Rule - 11. Appeal.-
(1)
Any person who is aggrieved by any decision
of the Town Vending Committee may prefer an appeal to the First Appellate
Officer in format-B;
(2)
The affected party, against the decision of
the First Appellate Officer, may prefer a second appeal to the Second Appellate
Officer in format-C;
(3)
No appeal shall be disposed of unless the
appellant has been given an opportunity of hearing;
Rule - 12. Town Vending Committee.-
(1)
The District Magistrate and Sub Divisional
Magistrate under set norms of clause 22(2) of the Act shall call meeting of all
stakeholders to constitute Town Vending Committees in concerned Nagar Nigan
& Nagarpalika Parishads/Nagar Panchayats respectively in their presence
within one month of the policy enactment.
(2)
The constitutional framework of Town Vending
Committee in each ULB shall be as follows:-
|
(i) |
Municipal
Commissionaire/Executive Officer |
Chairman |
|
(ii) |
Additional
District Magistrate/Sub divisional magistrate |
Member |
|
(iii) |
Additional
Superintendent Of Police/Circle Officer or Nominated Officer |
Member |
|
(vi) |
Technical
Officer Nagar Nigam/Nagar Palika/Nagar Panchayat |
Member |
|
(v) |
Development
Authority/Regulated Area Officer |
Member |
|
(vi) |
Additional Superintendent
Of Police/Circle Officer Traffic Police ULB Medical Officer/Medical Officer
Nominated By Chief Medical |
Member |
|
(vii) |
Officer |
Member |
|
(Viii) |
Lead Bank
Manager |
Member |
|
(ix) |
Vendor
Organizations Representative |
Member |
|
(x) |
Housing Welfare Organisations
Representative |
Member |
|
(xi) |
Community
Organisations Representative |
Member |
|
(xii) |
Voluntary
Organisations Representative |
Member |
|
(xiii) |
Other Citizens
of same interest |
Member |
(3)
the number of members nominated to represent
the non-governmental organisations and the community based organisations shall
be ten per cent.;
(4)
the number of members representing the street
vendors shall be forty per cent, who shall be elected by the street vendors
themselves provided that one-third of members representing the street vendors
shall be from amongst women vendors:
(5)
Due representation shall be given to the
Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and
persons with disabilities from amongst the members of Street Vendors.
(6)
The members, excluding Government
representatives, of Town Vending Committee shall receive such allowances as may
be prescribed by the State Government.
Rule - 13. Meetings of Town Vending Committee.-
(1)
The Town Vending Committee shall meet once in
a month.
(2)
The Urban Local body shall provide the Town
Vending Committee with appropriate office space and such employees as may be
prescribed. Services of existing employee of the concerned Urban Local Body
will be utilized
Rule - 14. Street Vendor Charter and Publication of Data Base.-
(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, in such manner as may be prescribed.
Rule - 15. Functions of Town Vending Committee.-
(a)
Conduction of periodic surveys to assess the
increase or decrease in the numbers of street vendors in the city/ward.
(b)
Registration of street vendors on nominal
charges and issuance of identity cards to street vendors.
(c)
Monitor the amenities given to street
vendors.
(d)
Assess and determine maximum holding capacity
of each vending zone.
(e)
Identification of restriction-free-vending
zones, restricted-vending zones on the basis of date, day & timing and
no-vending zones.
(f)
Determine regulation and terms for street
vending and corrective measures for offenders.
(g)
Collection of such fee and other charges as
authorized by competent authority.
(h)
Ensure that allotted stalls are utilised by
the actual allottees. Take appropriate action to prevent subletting or sale of
allotted stall/vending spots.
(i)
Facilitation for the organization of weekly
haats, festival bazaars, night bazaars, vending festivals viz.- food festival.
(j)
Ensure that the quality of products and
services provided to the public is under public health, hygiene and safety
standards as specified by the local authority.
Rule - 16. Prevention of Harassment of Street Vendors.-
(1)
Notwithstanding anything contained in any
other 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 exercising powers under any other law
for the time being in force.
(2)
Town Vending Committee/Urban Local Body shall
not collect any kind of fees from street vendors under contract.
Rule - 17. Fixation of Fees.-
(1)
Town Vending Committee shall determine
registration and licensing charges to be taken on annual basis, that shall be
revised annually by TVC.
(2)
Considering the category of vendors, TVC
shall determine street vending fees to be taken on monthly basis, that shall be
revised periodically by TVC.
(3)
The Urban Local Body shall charge monthly
maintenance fees for providing civic amenities {highlighted in 18 (1)}. The
fees shall be fixed by Urban local Bodies.
(4)
Receipt for the paid amount will be issued to
street vendors.
Rule - 18. Amenities to be provided.-
(1)
Following amenities shall be made available
as per the requirement in street vendor markets by the concerned Urban Local
Body-
(a)
provision of solid waste disposal provision,
(b)
provision of public toilets
(c)
provision of drinking water,
(d)
provision of electricity.
(e)
other facilities as may be needed in the
context of Urban Local Bodies.
(2)
(a) Group insurance scheme for registered
street vendors can be implemented.
(b) Assistance of
Non Governmental Organizations can be taken for the social upliftment of street
vendors.
(3)
Multistorey vending markets shall be
developed for street vendors by of Urban Local Bodies.
Rule - 19. Monitoring.-
Town vending
Committee shall maintain list of registered street vendors (Stationery &
Mobile). Town Vending Committee will send annual report to State Nodal Officer
on following points-
(i)
No. of registered Street Vendors
(ii)
Collected Revenue
(iii)
Upliftment related and other measures
(iv)
Incurred Expenditures
(v)
Other information required by Director urban
Development.
(vi)
State nodal Officer will coordinate all
activities/matters related to urban street vending at the State level.
Rule - 20. Relocation and Eviction of Street Vendors.-
(1)
The local authority may, on the
recommendations of the Town Vending Committee, declare a zone or part of it to
be a no-vending zone for any public purpose and relocate the street vendors
vending in that area to other vending zones under welfare schemes of State
Govt.
(2)
The local authority shall evict such street
vendor whose certificate of vending has been cancelled under section 10
(3)
No street vendor shall be evicted by the
local authority from the place specified in the certificate of vending unless
he has been given thirty days' notice for the same.
(4)
A street vendor shall be relocated or evicted
forcefully by the local authority 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 the 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, as
may be determined by the local authority, but shall not be more than the value
of goods seized.
Rule - 21. Seizure and Reclaim.-
(1)
If the street vendor fails to vacate the
place specified in the certificate of vending, after the lapse of the period
specified in the notice given under sub-section (3) of section 20, the local
authority, in addition to evicting the street vendor under section 20, may, if
it deems necessary, seize the goods of such street vendor.
(2)
During seizure of goods, the ULB officials
shall ensure panchnama on the spot duly signed by atleast two independent
witnesses. Description of panchnama shall be as follows-
(i)
Name of the Street Vendor
(ii)
Date, timing and place of seizure
(iii)
Weight of the goods and description of
Theli/Palla (whatsoever)
(iv)
Name, designation and department of the
officer who seized the goods
(3)
A copy of Panchnama of seized goods shall be
issued to the street vendor and receipt of the same will be undertaken from the
street vendors.
(4)
In case of seized goods, the street vendor
may be entitled to reclaim his goods within stipulated time after paying such
fees as imposed by Town Vending Committee.
(5)
Provided that in case of non-perishable goods,
the local authority shall release the goods within two working days of the
claim being made by the street vendor, and in case of perishable goods the
local authority shall release the goods on the same day of the claim being made
by the street vendor.
Rule - 22. Rights and Obligations of Street Vendors.-
(1)
Every street vendor shall give an undertaking
to the Town Vending Committee prior to the issue of a certificate of vending
that-
(i)
he shall carry on the business of street
vending himself or through any of his family member;
(ii)
he has no other means of livelihood:
(iii)
he shall not transfer in any manner
whatsoever, including rent, the certificate of vending or the place specified
therein to any other person.
Where a street
vendor to whom a certificate of vending is issued dies or suffers from any
permanent disability or is ill, one of his family member in following order of
priority, may vend in his place, till the validity of the certificate of
vending-
(i)
spouse of the street vendor;
(ii)
dependent son/daughter of the street vendor:
(2)
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 committee.
(a)
Street vendors shall carry on vending
activities subject to following restrictions and conditions-
(i)
The hawkers must not create any noise or play
any instrument or music for attracting the public or the customers.
(ii)
The hawkers must extend full cooperation to
the municipal sanitary staff for cleaning the streets and footpaths and other
municipal work
(iii)
Street vendor shall keep his surrounding neat
and clean, insanitation of any nature, pollution and bad smell shall not be
produced and environment shall not be harmed anyway.
(iv)
Traffic shall not be obstructed in anyway.
Public as well as vehicular movement shall not be obstructed.
(v)
Street vendor shall not vend narcotic and
other restricted substances.
(vi)
Licence shall be presented on demand during
street vending licensing period.
(vii)
Vending permission shall not be permitted to
the street vendors particularly stationed on principal traffic routes. Street
vending shall not be permitted on those areas where vehicular and pedestrian
traffic is obstructed and access to shops and residences is blocked.
(viii)
There should be no hawking on footbridges and
overbridges. Further, certain areas may be required to be kept free of hawkers
for security reasons. However, outside places of worship, hawkers can be
permitted to sell items required by the devotees for offering to the deity or
for placing in the place of worship e.g. flowers, sandalwood, candles,
agarbattis, coconuts etc. Town Vending Committee shall determine in this regard
by considering the local conditions.
(ix)
There should be no hawking within determined
distance from all public/historical/viewable places. The distance would be
determined by Town Vending Committee in its meeting.
(x)
No vending zone for a particular specified
area shall be determined on the basis of particular date/day and timing.
(xi)
No vending zone near hospitals, educational
institutes & religious places for certain specific goods like-tobacco or
Town Vending Committee shall determine no vending zone for particular
prescribed goods/material.
(xii)
Cooking of any nature whatsoever shall not be
permitted.
(xiii)
Hawking must be only between 7.00 a.m. and
10.00 p.m.
(xiv)
Vending of costly items e.g. electrical
appliances, video and audio tapes and cassettes, cameras, phones etc. is to be
prohibited. In the event of any hawker found to be selling such items his
licence must be cancelled forthwith.
(3)
Suitable provisions for the street vendors in
every new area shall be exercised with the growth of the city.
Rule - 23. Penal Provisions.-
If any street
vendor-
(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 the Act or this
rules he shall be liable to a penalty for each such offence which may extend up
to rupees two thousand as may be determined by the local authority.
Rule - 24. Overriding effect of the Act on other laws.-
The provisions of
the Act shall have effect notwithstanding anything inconsistent therein
contained in any other rules & law for the time being in force or in any
instrument having effect by virtue of any law other than the Act.