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Street vendors act, 2014

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Street vendors act, 2014

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com AN ANALYSIS OF STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 Lakshminarayanan Alaguraja Advocate Altacit Global
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Introduction Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is an Indian legislation aimed to regulate street vendors in public areas and protect their rights. It was introduced in the Lok Sabha (Lower House of the Parliament of India) on September 6, 2012 by then Union Minister of Housing and Urban Poverty Alleviation, Kumari Selja. The Bill was passed in the Lok Sabha on 6 September 2013 and by the Rajya Sabha (upper house) on 19 February 2014. The bill received the assent of the President of India on 4 March 2014.
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com HISTORY • The bill aimed at providing social security and livelihood rights to street vendors, has its origins in the 'The Street Vendors Policy' introduced in 2004, which was later revised as 'National Policy on Urban Street Vendors, 2009. • Also in the same year, the Ministry of Housing and Urban Poverty Alleviation circulated a draft of bill titled, 'Model Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2009', between all States and Union Territory governments for creation of state legislation, however it had no legal bindings, thus few governments made any progress in this regard. • Eventually in 2010, the Supreme Court of India, which has recognized street vending as a source of livelihood, directed the ministry to work out on a central legislation, and a draft of same was unveiled to the public on November 11, 2011. • The key point of the draft bill were, protection legitimate street vendors from harassment by police and civic authorities, and demarcation of "vending zones" on the basis of "traditional natural markets", proper representation of vendors and women in decision making bodies, and establishment of effective grievance redressal and dispute resolution mechanism.
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com STREET VENDORS “street vendor” means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly.
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Overview • CHAPTER I- PRELIMINARY – Short title, extent, commencement and provisions. • CHAPTER II - REGULATION OF STREET VENDING – Survey of street vendors and protection from eviction or relocation. – Issue of certificate of vending. – Conditions for issue of certificate of vending. – Categories of certificate of vending and issue of identity cards. – Criteria for issuing certificate of vending. – Vending fees. – Validity and renewal of certificate of vending. – Cancellation or suspension of certificate of vending. – Appeal from decision of Town Vending Committee.
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Cont… • CHAPTER III - RIGHTS AND OBLIGATIONS OF STREET VENDORS – Rights of street vendor. – Right of street vendor for a new site or area on relocation. – Duty of street vendors. – Maintenance of cleanliness and public hygiene. – Maintenance of civic amenities in vending zone in good condition. – Payment of maintenance charges. • CHAPTER IV - RELOCATION AND EVICTION OF STREET VENDORS – Relocation or eviction of street vendors. – Seizure and reclaiming of goods. • CHAPTER V - DISPUTE REDRESSAL MECHANISM – Redressal of grievances or resolution of disputes of street vendors. • CHAPTER VI - PLAN FOR STREET VENDING – Plan for street vending.
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Cont… • CHAPTER VII - TOWN VENDING COMMITTEE – Town Vending Committee. – Meetings of Town Vending Committee. – Temporary association of persons with Town Vending Committee for particular purposes. – Office space and other employees for Town Vending Committee. – Publication of street vendor’s charter and data-base and carrying out of social audit. • CHAPTER VIII - PREVENTION OF HARASSMENT OF STREET VENDORS – Prevention of harassment by police and other authorities. • CHAPTER IX - PENAL PROVISIONS – Penalty for contraventions.
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Cont… • CHAPTER X – MISCELLANEOUS – Provisions of this Act, not to be construed as conferring ownership rights, etc. – Returns. – Promotional measures. – Research, training and awareness. – Act to have overriding effect. – Powers to delegate. – Power to amend Schedules. – Power to make rules. – Power to make bye laws. – Scheme for Street Vendors. – Power to remove difficulties. • THE FIRST SCHEDULE -PLAN FOR STREET VENDING
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Critical Highlights • The Number of street vendors accommodated in each vending zone would be 2.5% of the population of the ward, zone, town or city. In case the number of applications exceeds the holding capacity of a vending zone, the TVC would call for a draw of lots for issue of certificates. Remaining applicants could be accommodated in an adjoining vending zone. • Street vendors will comprise at least 40% of the members elected from among themselves. The Act states that the number of other members, as may be prescribed, would be nominated by the government representing the medical officer of the local authority, the local authority, the planning authority, traffic police, association of street vendors, market associations, traders associations, non-governmental organisations, community-based organisations, resident welfare associations, banks and such other interests as it deems proper.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The Supreme Court has restrained all states and Union Territories from taking any action against them and directed the governments to implement the 2009 national policy for their regulation.
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Sodan Singh and Others versus NDMC Supreme Court case ruling in 1989. If properly regulated according to the exigency of the circumstances, the small traders on the sidewalks can considerably add to the comfort and convenience of the general public, by making available ordinary articles of everyday use for a comparatively lesser price. An ordinary person not very affluent, while hurrying towards his home after a day’s work, can pick up these articles without going out of his way to find a regular market. The right to carry on trade or business mentioned in Article 19 (1) of the Constitution, on street pavements, if properly regulated, cannot be denied on the ground that the streets are meant exclusively for passing or re-passing and no other use.
  13. 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Maharashtra Ekta Hawkwers Union & ... vs Municipal Corporation, Greater Mumbai 1. Within one month of the receiving of the order of the Court, all State Governments and UTs shall issue necessary direction to ensure that Town Vending Committees are constituted in accordance with the provision of 2009 policy. 40 percent members of the TVC will be representatives of the Street vendors. The TVC, so constituted shall have all powers of identification of vending/ no vending zones, registration of street vendors and shall be primarily responsible for regulation of street vending. 2. The constitution of TVC will be completed within two months. 3.The TVC shall strictly function in accordance with the Policy and in free and transparent manner. 4. All Street Vendors shall be registered within 4 months of the receipt of the copy of this order. 5. The Governments and Municipal and local authorities shall take all the steps necessary for achieving the specific objectives of the Policy set out in paragraph 3.2 of the Policy. 6. The TVC shall meet every month and ensure implementation of paragraph 4.5.1 ( provision for felicitating natural market, weekly bazars etc.) 7. PCO's/ Aarey / Sarita stalls allotted to physically handicapped persons in Mumbai shall be allowed to sell other goods because running of PCO's etc. is no longer viable.
  14. 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Some Important instructions to High Courts • It shall be open to approach the High Courts in respect of implementation of the direction passed by this Court and for all other related matters. • The Chief Justices of the High Courts are requested to constitute special bench(s) for hearing street vending matters. The Bench shall enforce the National Policy on urban street vendors, 2009 or the law which may be enacted by the Parliament or other competent legislature. The High Court shall ensure compliance of the direction passed by the Supreme Court. • The litigants of Applications/ petitions of street vendors pending in the Supreme Court may approach the High Courts under Art. 226 for redressal of their grievances. • The High Courts will take into account the earlier orders passed
  15. 15. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Thank You

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