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An open letter to the Minister of State for Housing and Urban Poverty Alleviation

Countering the Dangerous Proposal by NASVI & Presenting the Model Street Vendor Law Drafted by Manushi for Delhi Government

Dear Kumari Selja ji,

In the national consultation organized on 23rd December 2011 by the Ministry of Housing and Urban Poverty Alleviation on the new model legislation for street vendors, my presentation focused on how after the adoption of the new National Policy for Street Vendors by the Central Government in 2004, municipal administrations in almost every city began carrying out far more aggressive large scale clearance operations. Confiscation of goods and handcarts of street hawkers to the accompaniment of police danda has become a daily occurrence in most cities. In Delhi alone, at least 1.5 lakh vendors were pushed out of their occupation on the pretext of "beautifying" the city for Commonwealth Games.

 

Even though several state governments have gone through the formality of enacting special laws for street vendors at the behest of the Ministry of Housing and Poverty Alleviation, at the ground level we are witnessing a well organized backlash leading to much higher bribes demanded by the police and municipal officials by way of "protection money". The politician and officials who control access to vending sites are determined to drive home the message that they have the power to thwart all attempts at reforming the system. I pointed out to the ministry officials that without paying close attention to the machinery of implementation and creating a protective environment for street hawkers by curbing the powers of police and political mafias, merely enacting pious sounding model legislation at the national level cannot bring much improvement in the plight of street hawkers. Unfortunately, certain disruptive elements prevented me from presenting concrete proposals for improving the model legislation. Hence this open letter.

 

Arvind Singh of NGO, NASVI (National Alliance of Street Vendors of India) who spoke after me at the national consultation responded to some parts of my presentation by making a potentially dangerous proposal. He began by saying, "Vendors need to be well organized and have effective unions in order to create the required pressure from below for the proposed new legislation." But thereafter he went on to the make an alarming proposal that "the government should help NGOs to unionize the vendors by including in the proposed new law a specific provision that only those vendors who are members of select unions will be provided with vending licenses and tehbazari sites."

NASVI's hegemonic tendencies and determination to emerge as the Jinnah style sole spokes person of street vendors has already brought it into deadly conflict with rival unions in every town and city it operates. It has been able to establish a countrywide network of affiliated unions because it is well funded by international donor agencies and is an active part of international NGO networks. That is one reason why it is an object of mistrust by the traditional trade unions who work on their own stream or with the help of mainstream politicians. At the national level, its most bitter rival is Hawkers Sangram Samiti - a militant union movement led by Shaktiman Ghosh of Kolkata who has fought many a valiant battles against the CPM regime when it tried to cleanse Kolkata of street vendors.

 

It is perfectly legitimate for NASVI to try and rope in as many small or big unions of vendors to come under its umbrella. However, to demand that the government should include a coercive legal provision in the new law making it necessary for each vendor to join NASVI or some other government authorized union in order to survive in the trade betrays an authoritarian mindset. It is in fact worse than what unscrupulous politicians do to keep vendors under their extortionist grip. They order clearance operations of hawker markets that refuse to come under their influence or use the police and local goons to tyrannize vendors. NASVI is going a step further by demanding that the coercive might of the state machinery be used to force vendors to seek the protection of NASVI or similar NGOs. To the best of my knowledge, no trade union in India has in my living memory ever made such a preposterous demand that people be denied entry into an occupation unless they are members of a state recognized union, though unions do use subtle or blatant pressure tactics to force workers to swell their ranks and to demand "recognition" by the employers as the "official" representatives of the workers whose cause they claim to embody.

This demand by NASVI raises many complex issues:

1) In each city and town, there are multiple unions. The moment a law comes into being that makes it mandatory for tehbazari aspirants to be a member of a union, a plethora of new unions will come into being - some genuine, many bogus ones. Will the government certify each one or will it be selective in recognizing certain unions? This in itself will create deadly rivalries and street battles for hegemony. What criteria are going to apply for deciding who gets government certification and who does not? The likelihood is that only those with special political clout will get government recognition. Each union will try to marginalize the other and seek hegemonic status by getting patronage of the, bureaucracy, police or powerful politicians.

2) A union presupposes an employer vis a vis whom people working in a commercial or official establishment organize in order to negotiate better working conditions or pay packet. Street vendors are self employed. They are not employees of the government nor do they directly or indirectly work for the government. Their relationship to the government can at best be described as that of tenants or lease holders.

3) As tenants or lease holders, they can form associations to negotiate better terms of tenancy from the government and introduce other services for the common good of their members. Such bodies can play a very positive role provided they are based on voluntary association.

However, compelling vendors to become members of any government patronized unions will give these unions total power over the lives and livelihood of street vendors. It will facilitate a legally protected extortion racket. Even today, many of the union leaders affiliated to NASVI act as touts of local politicians and the police.
"Freedom of Association" is one of the fundamental rights promised in the Indian Constitution to every citizen of India. It includes the right to refuse association with a trade union or any other organization. Being legally forced to join a state sponsored union or association smacks of Soviet style fascist regimes.

Dear Minister, I hope the Ministry officials who are in-charge of drafting the model law for the protection of street vendors will take this warning into account and not allow yet another protection racket to flourish in the guise of strengthening the rights of street vendors. My own experience of dealing with the existing range of vendor unions, including NASVI, has taught me that, barring a few exceptions, the union bosses have also acquired a vested interest in keeping vendors enslaved in order to build their own power base and political empires.

Former Chief Secretary of Delhi Government, Mr. Rakesh Mehta had appointed a Special Task Force to draft model legislation for street vendors in October 2009. The draft law I prepared for that Task Force was duly vetted by the legal experts of Delhi Government and Mr. Mehta himself. I am attaching a copy of this draft legislation. It has attempted to pay close attention to creating effective and accountable implementation machinery with clear protocols for transparent functioning so that it can actually honour the mandate of the National Policy for Street Vendors. I urge you to take this draft into account when enacting model legislation for the entire country

Yours sincerely,

Madhu Purnima Kishwar
(For Manushi Sangathan)

P.S. The Draft of Delhi Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Bill, 2011 is given below:

 

DRAFT
DELHI STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) BILL, 2011

CHAPTER - I
PRELIMINARY

Sections
1. Short title, extent and commencement
2. Definitions

CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF STREET VENDOR PROTECTION AND REGULATION AUTHORITY

3. Constitution of Street Vendor Protection and Regulation Authority (SVPRA)
4. Composition of Zonal Vending Authority
5. Terms and conditions of members of SVPRA
6. Filling of casual vacancy
7. Meetings of SVPRA
8. Disqualification for membership
9. Executive Officer and other employees of SVPRA
10. Funds of SVPRA
11. Vacancies not to invalidate proceedings.

CHAPTER III
MANDATE OF THE SVPA

CHAPTER IV
POWERS, FUNCTIONS AND DUTIES OF SVPRA

CHAPTER - V
REGISTRATION OF STREET VENDORS

CHAPTER -VI
SPATIAL PLANNING CELL FOR HAWKING ZONES AND CLUSTERS

CHAPTER- VII
SPATIAL PLANNING NORMS & DEMARCATION OF VENDING ZONES

Spatial Planning
Quantitative Norms for vending

CHAPTER VIII
PROTECTION FROM ARBITRARY CLEARANCE OPERATIONS

CHAPTER - IX
CIVIC DISCIPLINE FOR VENDORS AND MOBILE HAWKERS

Oath of Discipline
Monitoring of civic discipline
Penalties for discipline violation

CHAPTER -X
PROHIBITION ON IMPOUNDING OF VENDOR GOODS AND DESTRUCTION OF VENDOR STALLS

Vending without registration
Action against non vending holders
Restrictions on police powers
Assistance for non vending holders
Punitive fines for violation of civic discipline

CHAPTER - XI
CANCELLATION OF REGISTRATION

Cancellation of registration through due process

CHAPTER - XII
CIVIC AMENITIES FOR VENDOR MARKETS/HAWKING ZONES

Civic amenities for vendor markets
Hygiene and quality control
Monetary fines for violation of hygiene

CHAPTER - XIII
SOCIAL SECURITY MEASURES FOR STREET VENDORS

Creation of Welfare Board for Street Vendors

CHAPTER - XIV
GOVERNMENT CONTROL

Power of Government to give directions to SVPRA
Power of Government to remove any person on staff of SVPRA
Power of Government or authorized officer to call for records, etc
Accounts and Audit of SVPRA
Annual Report to Government


CHAPTER - XV
MISCELLANEOUS

Members of SVPRA and all officers and servants of SVPRA to be public servants
Delegation of powers
Protection of persons acting in good faith
Act not in derogation of any other law
Power to make rules
Power to make regulations
Laying down of rules and regulations
Amendment of.............
Repeal and saving
Removal of difficulties

 

THE DELHI STREET VENDOR (PROTECTION OF LIVELIHOOD
AND REGULATION OF STREET VENDING) BILL, 2011

AN ACT

to make provisions to protect the Constitutional right to earn a livelihood of persons engaged in street vending and hawking by dismantling the License-Quota-Raid Raj that entraps them in a web of illegality; to treat street vendors as an integral and necessary part of urban economy; to implement the mandate of the National Policy for Street Vendors (NPSV); to provide dignified space for them; to create hawking zones and hawking clusters as mandated in the Delhi Master Plan-2021; and to constitute a "Street Vendor Protection and Regulation Authority" (SVPRA) to ensure the implementation of the NPSV in the National Capital Territory of Delhi; and for matters connected therewith or incidental thereto.
SPECIFIC OBJECTIVES OF THE DELHI STREET VENDORS (LIVELIHOOD PROTECTION AND REGULATION) ACT
To give vendors legal status by amending, enacting, repealing and implementing appropriate laws.
To provide legitimate hawking zones and hawking clusters wherever hawkers are located or needed in order to provide them dignified and safe spaces for earning their livelihood.
To eschew imposing numerical limits on access to public spaces by discretionary licenses and instead establish appropriate fee-based regulation of access, where market forces like price, quality, population size of the area and consequent demand will determine the number of vendors that can be sustained.
To make street vendors an integral component of the urban development plans by treating them as a necessary and legitimate part of the urban economy and distribution system.
To promote a culture of voluntary compliance with regard to civic discipline amongst street vendors and to institutionalize effective, transparent and non violent methods of enforcing civic discipline among hawkers and street vendors.
To promote organizations of street vendors e.g. market committees, co-operatives, self help groups, associations, RWAs and other forms of organization and to encourage participation by local citizens in the orderly management of vendor markets that serve both buyers and sellers.
To promote social welfare schemes for street vendors as well as accessible and affordable access to credit through banks, micro finance institutions and self help groups. .
BE it enacted by the Legislative Assembly of the National Capital territory of Delhi in the Sixty-second Year of the Republic of India as follows: -

CHAPTER-I
PRELIMINARY

1. (1) This Act may be called the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2011.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires, -

i. "Municipal Corporation of Delhi" means the Commissioner thereof and includes any other officer authorized by him to exercise the powers and to perform the duties of the Appropriate Authority under this Act;

ii. "New Delhi Municipal Council" means its Chairperson and includes any other officer authorized by him to exercise the powers and to perform the duties of Appropriate Authority under this Act;

iii. "The Delhi Cantonment Board" means the Executive Officer thereof and includes any other officer authorized by him to exercise the powers and to perform the duties of Appropriate Authority under this Act.


iv. "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 from a temporary built up structure or by moving from place to place. and the term includes hawkers, peddlers, pheriwalas, squatters and all other synonymous words which may be region- specific;

v. "Deemed Registration" means a duly received copy of the application submitted by a street vendor under this Act to the SVPRA or ZVA to be treated as deemed registration of the street vendor, in the event of non-registration of such street vendor without any legitimate reason within the specified time limit specified in the Rules under this Act;

vi. "Delhi" means the National Capital Territory of Delhi;

vii. "Government" means the Chief Minister of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239AA of the Constitution;

viii. "Street Vendor Protection and Regulation Authority" (SVPRA) means the official body of appropriate officers, experts and stakeholders appointed under this Act to protect the livelihood of street vendors and implement the National Policy for Street Vendors.

ix. "Zonal Vending Authority" means an official body created under this Act by SVPRA in each municipal zone of Delhi as well as in the areas of the NDMC and the Cantonment Board for implementing the NPSV in the area under its charge;

x. "Grievance Redressal Cell" means a body created by the SVPRA to redress the complaints of owners and pullers under this Act;

xi. "Spatial Planning Cell" means the body of experts appointed by the SVPRA for determining spatial planning norms for street vending

xii. "Local bodies" means the Delhi Cantonment Board, Municipal Corporation of Delhi and the New Delhi Municipal Council in relation to the areas within the respective local limits of each such body; or any other body declared as such by the Delhi Government;

xiii. "Notification" means a notification published in the Official Gazette;

xiv. "Prescribed" means prescribed by Rules made under this Act by SVPRA;

xv. "Specified" means as specified by this Act and in the Rules of the Act;

xvi. "Vending Zone" means an area or place or a location designated as such by the SVPRA for the specific use of street vendors for street vending and includes footpath, sidewalk, pavement, embankment, portions of a street, waiting area for public or any such public place considered suitable for vending activities and providing services to the general public.

xvii. "Vending Cluster" means a location where a small number of vendors ( no more than 10) gravitate to vend their goods or services as for example near a bus stop or railway crossing.

xviii. "Executive Officer" means an officer designated by SVPRA to coordinate various functions for effective implementation of the mandate of this Act.

xix. "Green Zone" means an area notified by the SVPRA or the ZVA where a vendor may start hawking without the necessity of prior registration and without prejudicing the vendor's right to apply for registration in an "Amber Zone"

xx. "Amber Zone" means a clearly delineated area notified by the SVPRA or the Zonal Vending Authority (ZVA) where a vendor must have prior registration in order to occupy a designated space for setting up his/her vending stall.

xxi. "Red Zone" means a clearly demarcated area where vending is altogether or partially prohibited during certain hours or days by SVRPA.

xxii. "Regulation" means a regulation made by the Street Vendor Protection and Regulation Authority under this Act, by notification in the official Gazette;

xxiii. "Rules" means a rule made by SVPRA under this Act by notification in the official Gazette;

xxiv. "Year" means a year commencing on the 1st day of April and ending on 31st March of the following year;

 

CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF STREET VENDOR PROTECTION AND REGULATION AUTHORITY

3. Constitution of SVPRA- (1) As soon as may be ( within 3 months?) after the commencement of this Act, the Government shall, by notification in the official Gazette, constitute an authority to be called "the Street Vendor Protection and Regulation Authority (hereinafter referred to as "SVPRA").

(2) The SVPRA shall be composed of the following persons:-

(i) Chief Secretary, Govt. of NCT of Delhi. (Ex officio-Chairperson);
(ii) Chief Executive Officer of Delhi Cantonment Board. (Ex officio Member);
(iii) Commissioner of Municipal Corporation of Delhi. (Ex officio Member);
(iv) Chairman of New Delhi Municipal Council. (Ex officio Member);
(v) Commissioner, Transport, Government of NCT of Delhi. (Ex officio Member);
(vi) Commissioner of Police, Delhi. (Ex officio Member);
(vii) A representative from a social service organization with a credible track record of working for the welfare of street vendors to be nominated as Vice Chairperson by the Chairperson (Vice Chairperson).
(viii) Four representatives of street vendors to be selected from among registered vendors by a draw of lots (Members)
(ix) Two reputed urban planners to be nominated by the Delhi Urban Arts Commission as full time members.
(x) A representative of UTTIPEC. (Member);
(xi) A traffic management expert to be nominated by IIT Delhi. (Member);
(xii) Any other experts to be co-opted as may be considered useful by the Chairperson or Vice Chairperson. (Members)
(xiii) Principal Secretary (UD), Govt. of NCT of Delhi. (Ex-officio Member-Secretary)
(xiv) Executive Officer, a full time expert, preferably an urban planner appointed by the Government to implement the mandate of this Act.
4. Composition of the Zonal Vending Authority
i) Deputy Commissioner of MCD
ii) Representative of Traffic and Local Police;
iii) Representative of Public Land Owning Authority;
iv) Representative of UTTIPEC
v) Representatives of social organizations with an established track record of honest work for street vendors.
vi) A representative each of Traders and Resident Welfare associations to be chosen by draw of lots from among aspirants,
vii) Representative from associations of street vendors, static & mobile (at least 40% of the total) to be chosen from among registered vendors by draw of lots. At least 1/3rd of the representatives of street vendors should be women.
viii) Two urban planners with required expertise to be nominated by the Deputy Commissioner MCD.
5. Terms and conditions of the members of SVPRA: The term of office of the member of SVPRA (other than the Ex-officio members and members filling casual vacancies) shall be three years, from the date of appointment.

6. Filling of casual vacancies. (1) When the seat of a member of SVPRA becomes vacant by removal, resignation, death or otherwise, a new member shall be nominated in his place by the Chairperson following due consultation with other members of SVPRA. Such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred.

(2) Any casual vacancy shall be filled by a person derived from the same category to which the former member belonged.

7. Meetings of SVPRA. - (1) SVPRA shall meet at least six times in a year.

(2) The number of members required to make a quorum at any meeting of SVPRA shall be one third of its members.

(3) In addition to the number of meetings specified in sub - section 6 (1), SVPRA may hold meetings as and when requisitioned by at least one -third of its members or when considered necessary by the Chairperson or Vice Chairperson.

(4) SVPRA shall have the power to regulate its own procedures including the fixing of places and times of its meetings.

(5) All matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the Chairperson or other person presiding shall have a casting vote.

8. Disqualifications for membership.- A person shall be disqualified for being a non- official member of the Authority, if, -
(a) he/she is not a citizen of India; or
(b) he/she is an undischarged insolvent; or
(c) he/she is of unsound mind and stands so declared by a competent court; or
(d) he/she has been sentenced for an offence involving moral turpitude; or
(e) he/she is an employee of the Authority and is remunerated by salary or honorarium.

9. Executive Officer and other employees of SVPRA. - (1) The Government shall appoint a person from amongst its officers not below the rank of Joint Secretary, to be the Executive Officer of the SVPRA.
(2) The Executive Officer of the SVPRA shall act as its Secretary.
(3) The Executive Officer shall execute the decisions of the SVPRA, supervise the employees and perform such other functions as may be prescribed under the Rules:
4) In case of any difference of opinion between the Executive Officer and the SVPRA, the matter shall be decided by majority vote.
(5)The SVPRA shall, with the previous sanction of the Government, employ such officers and other employees as it deems necessary to carry out the purposes of this Act.
(6) The term of office and conditions of service of officers and other employees shall be such as may be prescribed in the Rules.

10. Funds of the SVPRA: The SVPRA shall receive financial grant from the Government to meet its expenses on pay and allowances to its officers and employees and also for meeting the accommodation, stationery, equipment and other allowances/expenses. SVPRA's accounts shall be audited annually through a Government agency.

11. Vacancies not to invalidate proceedings :No act or proceeding of the Authority shall be called in question on the ground merely of the existence of any vacancy, or any defect in the constitution of the Authority.

 

CHAPTER - III
MANDATE OF THE SVPA

1) To establish transparent and realistic need based criteria for issuing vending/hawking registration keeping in view the market demand for services of street vendors.

2) To ensure adherence to the criteria recommended by the National Policy for Street Vendors which mandates that vending registration be issued in accordance with the population size of the city and provide for a natural increase in the number of vending licenses with increase in the population size of the city or zone.

3) To evolve and institutionalize a transparent, efficient and vendor friendly regime for issuing vending licenses to hawkers, vendors, pheriwalas as well as for those who hawk in weekly markets and haats as well as those mobile vendors who hawk in a variety of locations, including buses and trains.

4) To ensure a speedy and transparent system of registration and space allocation with each eligible vendor receiving an identification card/ certificate with his/her full address and location of stall.

5) To decide the annual fee for vending registrations keeping in view affordability and the business potential of different areas of the City.

6) To commission urban planners to create appropriate infra structure for Hawking Zones and Hawking Clusters in order to make them an integral part of the cityscape.

7) To institutionalize efficient, honest, transparent and rigorous mechanisms for enforcing civic self discipline among vendors as well as among citizens who use their services.

8) To devise transparent, non partisan and effective methods for levying penalties and taking appropriate disciplinary action against vendors who violate the necessary civic discipline.

9) To institutionalize a user friendly, digitalized and efficient mode of vending fee collection which provides readily available data on defaulters.

10) To ensure that municipal agencies provide the necessary civic amenities to hawker//vendor markets, such as clean and adequate drinking water, clean toilets, clearly earmarked hawking sites, and effective sanitary arrangements.

11) To help street hawkers gain access to social security schemes available for self employed urban poor, including health insurance, life insurance, micro savings, micro credit and clean night shelters for those who are too poor to rent or own accommodation in Delhi.

CHAPTER - IV
POWERS, FUNCTIONS AND DUTIES OF SVPRA.

(1) Subject to the provisions of this Act and the rules made there under, the SVPRA shall exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, the powers, duties and functions to be exercised or performed by SVPRA shall include deciding and instituting transparent and non partisan procedures and mechanisms for the following:
i. Digitalized photo census of street vendors and hawkers operating in Delhi, at least once in five years;
ii. Renewal, suspension and cancellation of registration: The form and manner of grant, renewal, suspension or cancellation of a registration certificate for, and issue of identity card to, the street vendors;
iii. Collection of registration and renewal fees for registration or renewal of registration of street vendors as may be specified from time to time under provisions of this Act.
iv. Manner of collecting fee through banks, counters of ZVA or post office for registration, usage of parking space for mobile stalls, availing of civic services and fines for contravention of the terms and conditions of registration and other provisions of this Act;
v. Form and manner of filing appeals to, and procedure for disposal of appeals by, the appropriate authority in respect of registration of street vendors;
vi. Procedures for and the terms and conditions of space allotment for stalls to the registered street vendors;
vii. Guidelines for the design of stalls, including hygiene requirements and permissible covering allowed to protect vendors and their goods from the elements;
viii. Specify timings for vending zones which allow multiple use of the assigned space, as for example night bazaars to be held in car parks of commercial centers;
ix. Identify and declare restriction free vending zones also called "Green Zones" where new entrants to the trade or those who are in the waiting list for registration in amber areas may start hawking without prior registration;
x. Appoint a body of experts to establish norms for spatial planning and earmarking of vending zones for street vendors, development plan, zonal plan, layout plan or any other spatial plans;
xi. Evolve rational criteria for delineating Amber and Red Zones for street vendors.
xii. Fix sign boards at each vending zone and hawking cluster to indicate the kind of vending zone --Green, Amber or Red-- its boundaries and timing restrictions for multiple use spaces;
xiii. Declare place and timings for vending in weekly haats, night bazaars, holiday bazaars and festival bazaars;
xiv. Commission urban planners to design aesthetic and well ordered vending zones in different parts of the city making optimum use of the available space and topography of each area.
xv. Decide the principles and determine the "holding capacity" of the diverse vending zones;
xvi. Establish the protocol for and carry out a city wide digitalized photo census of street vendors and mobile hawkers for ensuring that only genuine vendors who are personally engaged in street hawking are able to claim and procure vending registration.
xvii. Enforce the terms and conditions incorporated in Oath of Discipline for street vending including norms to be observed for maintaining public health and hygiene;
xviii. Appointment of Zonal Vending Authorities for co-ordination of all matters relating to street vending in each of the municipal zone of Delhi, including areas under the NDMC and Cantonment Board;
xix. Establish transparent, non partisan norms for allotting vending space to registered applicants.
xx. Manner of maintenance of proper records and other documents by the Zonal Vending Authority and planning authority in respect of street vendors;
xxi. Manner of giving notice to, and eviction of, street vendors and relocation of, and compensation payable to evicted street vendors;
xxii. Set up an empowered Grievance Redressal Cell to deal with the complaints of vendors and hawkers, especially those relating to human rights abuses and violence by the police and other agencies;
xxiii. Review and suggest measures to the Government for improving the implementation of this Act;
xxiv. Advise the local bodies and the Delhi Police on any matter concerning the street vendors and to upgrade and create incentives for improving the functional and aesthetic designs of vendor carts and stalls;
xxv. Ensure adequacy of civic amenities, including water, sanitation, waste management, electricity for vending zones.
xxvi. Determine the nature and extent of disciplinary action, including monetary fines for those violating the Oath of Discipline.
xxvii. Determine terms and conditions for providing benefits such as insurance, maternity benefits, old age pension and other social security schemes for street vendors in case of death illness or disability;
xxviii. Conduct awareness programs and training camps on matters relating to hygiene and sanitation in vendor markets.
xxix. Any other functions as may be required for the efficient implementation of this Act.
(3) A summary of the scheme notified by the appropriate Government under sub¬ section ..... shall be published by the SVPRA in at least two local news papers in such manner as may be prescribed.

 

CHAPTER - V
REGISTRATION OF STREET VENDORS

i. Quota free registration: There shall be no numerical limit placed on granting registration for vendors and hawkers.
ii. Rules for registration: The SVPRA will establish simple and transparent rules and procedures for registration of vendors within a specified time frame as included in the Rules.
iii. Qualifying age for applicants: Every person who has completed the age of 18 years and intends to do street vending shall make an application for registration as street vendor to the ZVA.
iv. Registration requirements: An application for registration shall be made in such form and shall be accompanied by such documents, particulars and information as prescribed in the Rules made by SVPRA in this behalf.
v. Fee for registration: Every application shall be made in such form and manner and accompanied by such fee as may be specified in the Rules.
vi. Deemed registration: If on completion of the specified period, no response is received by the applicant about rejection or deficiencies in the application, the applicant shall be deemed to have been registered.
vii. No arbitrary refusal: The Zonal Vending Authority shall not summarily reject the application without giving the applicant an opportunity to rectify deficiencies, if any.
viii. Time frame for registration: If the Zonal Vending Authority or the officer authorized by ZVA, as the case may be, is satisfied that the application is in compliance with the provisions of this Act and the rules or schemes made there under, he/she shall register the name of the street vendor within the specified time frame as provided in the Rules.
ix. Grievance Redressal Cell: Any person aggrieved by the decision of the Zonal Vending Authority may, prefer an appeal to the the Grievance Redressal Cell within such period, and in such manner, as may be specified.
x. Priority to existing vendors: The ZVA is required to give preference to the already existing vendors and those who applied for vending licenses in 2008.
xi. Terms for space allotment: The allotment of stalls to the street vendors shall be made in such manner, and subject to such terms and conditions, as may be specified in the Rules.
xii. Grant of Registration certificate: A registered street vendor to whom a stall has been allotted in a vending zone shall be granted a registration certificate and renewed from time to time by the local authority, in such manner, on payment of such fee, and subject to such terms and conditions, as may be specified.
xiii. Locale of registration: Street vendors and hawkers shall be registered by the Zonal Vending Authority in the locality where the hawker or vendor has his residence or place of business.
xiv. Only one vending site per applicant: A person will be entitled to only one vending site or mobile vending registration. The I Card or Vending Certificate issued at the time of registration will carry the photograph of the vendor.
xv. Registration is non-transferable: The registration shall be non-transferable. A person who rents out or leases his/her vending site will invite disciplinary action, including eviction and cancellation of the registration as per the provisions of this Act.
xvi. Registration fee: The registration shall be provided on payment of such fees as may be determined by SVPRA by regulations made in this behalf.
xvii. Loss of Registration: In case of loss of a vending registration-cum-photo identity the Appropriate Authority shall provide a new registration-cum-photo identity card on payment of a fee as determined by SVPRA from time to time.
xviii. Display of vending certificate: The vending certificate shall be displayed by the registration holder on his person or at a prominent place at his stall or vending cart.
xix. Renewal of vending registration. - A vending registration under this Act shall be renewed as per the provisions made in the regulations.
xx. Computerization of vending registration. Each vending registration record, including the waiting list of applicants, shall be computerized and made available to public through a dedicated website
xxi. Disciplinary Action against malafide denial: The failure of the ZVA to provide registration or the Deficiency Memo within the prescribed time limit as well as the failure to include the applicant in the digitalized waiting list shall invite disciplinary action against the concerned officer as per the rules prescribed under this Act.
xxii. Validity period of vending: A vending registration will be valid for a period of 5 years. It may be renewed for a further two terms (a total of 15 years) after which the vending holder will surrender all claims to that site.
xxiii. Vending is non-inheritable: Vending sites shall not be ordinarily inheritable, except in case of demise of the registered vendor during the 15 year term. In case of the death or incapacity of the registered vendor, it shall be incumbent upon the legal heirs of the person to inform the concerned ZVA. Any move to illegally sell off or rent that vending site shall lead to eviction from the site.
xxiv. Transfer due to demise: In case of the demise of the vending holder before the 15 year limit, his/her legal heirs shall have the claim to that site for the remaining period.
xxv. Renewal of registration. The vending holder will be required to pay a monthly fee determined by the ZVA. Failure to pay the registration fee for 3 consecutive months shall invite disciplinary action, including eviction from the site.
xxvi. Grievance redressal: Any person aggrieved by the arbitrary refusal of renewal of registration or undue delay in renewal of registration or grant of vending site out of turn to other claimants by the ZVA, may approach the Grievance Redressal Cell and the decision of the Grievance Redressal Cell in this regard shall be final and binding on the parties.
xxvii. Computerization of vending registration: Each registration record will be computerized and the information made available to the public through a dedicated website.
xxviii. Surrender of registration: If the Vending holder leaves the City, gets a full time job or becomes incapable of vending on account of illness or other family compulsions, he/she shall surrender the vending registration within the time frame mandated in the Rules under this Act.
xxix. Draw of lots for registration: The Zonal Vending Authorities will decide on new registration by a draw of lots held every six months for hawking zones and clusters under the respective jurisdiction of each Zonal Authority.
xxx. Registration data to be available on website: Each Zonal Vending Authority (ZVA) will provide on its website the exact data about the number of vendors registered in that Zone along with photograph, name, address of the registered vendor and the exact location of his vending site. It shall also provide the names and addresses of vendors whose registration has been suspended, cancelled or revoked along with the reasons for the above mentioned disciplinary action. The SVPRA will provide the comprehensive, combined data provided to it by ZVAs on its website along with all relevant information regarding vending applications, registration procedures and waiting list of Vending applicants.
xxxi. Data update: Each ZVA shall update this data on a day to day basis.
xxxii. Pending applications: The ZVA website shall also provide on its website the names and addresses of all the pending applicants for vending sites or for mobile vending and list the reason for delay in granting a vending site.
xxxiii. Assessment of Holding Capacity: The SVPRA shall regularly assess the holding capacity of each zone to absorb street vendors in a manner that provides avenue for gainful employment to the maximum possible number of vendors without causing undue inconvenience to other road users.
xxxiv. Deficiency Memo: If the application does not fulfill the stipulated requirements, a Deficiency Memo, in respect of vending registration, as the case may be, shall be provided to the applicant instantly. As soon as the deficiency is complied with, the applicant shall be entitled to be put on the waiting list for vending site.
xxxv. Year round applications: Application forms for vending will be made available on the website of SVPRA and accepted on all working days of the year at all the ZVAs.

CHAPTER -VI
SPATIAL PLANNING CELL FOR HAWKING ZONES AND CLUSTERS

12. Notwithstanding anything contained in any other law for the time being in force, the Spatial Planning Cell of the SVPRA shall be responsible for determining spatial planning norms for street vending. It shall:
(a) Earmark space for vending zones in the master plan, development plan, zonal plan, layout plan and any other plan;
(b) Monitor the functioning of the Zonal Vending Authority with regard to observance of planning norms and the mandate of the Delhi Master Plan 2021;
(c) Suggest amendments to the city master plan, development plan, zonal plan, layout plan and any other plan for accommodating street vendors in the designated vending zones;
(d) Demarcate vending zones specific to the requirements of Delhi;
(e) Make spatial plans conducive and adequate for the prevalent number of street vendors in Delhi and also for the future growth, by adopting such norms as may be specified.

(f) Discharge any other planning or monitoring duty or duties which may be assigned to it by the SVPRA from time to time.

(g) Determine the optimum "holding capacity" for vendors in residential areas according to the population size of that locality for hawkers as well as for vendors in and around commercial centres calculated on the basis of the average footfall of customers in that area as mandated in the National Policy for Street Vendors 2004 and Delhi Master Plan 2021.

CHAPTER - VII
SPATIAL PLANNING NORMS & DEMARCATION OF VENDING ZONES

13. Spatial Planning: To make the plans conducive and adequate for the hawkers in each municipal zone, the SVPRA shall observe the following norms:
i) Respect for "natural markets": ZVAs must take into account the "natural markets" created spontaneously due to the propensity of street vendors to locate in certain places at certain times in response to patterns of demand for their goods/services.
ii) Quantitative norms for space allocation: ZVAs will ensure that provisions for space and timings for vendors' markets are pragmatic and sufficient for existing demand for vendor's goods and services, as well as likely increase in line with anticipated population growth as mandated in the NPSV which lays down that adequate space at least to the extent of 2% to 2.5% of the total city population be reserved for vending activities. Each zone may evolve its own quantitative norms, after proper surveys keeping in view the indicative norms provided in the Delhi Master Plan 2021.
iii) Provision for weekly, festivals related and time specific markets: Provisions of space must include weekly and festivals related markets as well as time specific markets whose use at other times of the day or week may be different (e.g. public park, parking lot).
iv) Timing restrictions on urban vending: For ensuring non-congestion in public spaces timing restrictions should correspond to the needs of customers and the varying business potential of the area at different times of the day or night.
v) Numbers to be decided by market demand: The number of vendors are not to be controlled by quotas. Instead SVPRA must allow market forces relating to price, quality and demand to regulate the number of vendors to sustainable levels.
vi) Fee or lottery based regulation: If aspirants to such location exceed the number of spaces available, excess may be regulated by fees or lottery based allocation but not discretionary license quotas.
vii) Mobile vending: Permit mobile urban vending in all areas even outside the designated vendors' markets, unless designated as ‘no-vending zone'
viii) Non Hawking Zones: Create transparent and rational norms for declaring certain areas as "Non Hawking Zones" in terms of location and time through a participatory process that includes urban planners and representatives of street vendors. The public benefits of declaration of a non hawking zone must clearly outweigh the potential loss of livelihood and non-availability of goods and services to customers that it would involve.
ix) Vending in newly developed areas: Ensure that every new area developed in and around Delhi assigns due space for vendors and hawkers.
x) Designation of Non Hawking Zones: Earmarking of Non Hawking Zones must be accomplished by a participatory process instituted by SVPRA through all ZVAs.
14. Quantitative Norms for vending: ZVAs will designate for vendors' markets adequate space at least to the extent of 2% to 2.5% of the total city population. Each zone may evolve its own quantitative norms, if they exceed this minimum, after proper surveys keeping in view the indicative norms provided in the Delhi Master Plan 2021.

CHAPTER - VIII
PROTECTION FROM ARBITRARY CLEARANCE OPERATIONS

1. No hawker/ street vendor shall be arbitrarily evicted under the guise of ‘beautification' of the cityscape. The beautification and clean up programs undertaken by the government must include and involve street vendors in a positive way as a part of the beautification program.
2. No street vendor shall be evicted by use of force if he/she is operating in a Green Zone.
3. No street vendor shall be evicted without the written concurrence of the ZVA if he/she is registered for vending with the ZVA in Amber or part Red zone.
4. Where relocation is absolutely necessary, notice of minimum 30 days shall be served to the concerned vendors.
5. In case relocation is absolutely necessary, ZVAs shall actively and expeditiously assist the affected vendors in getting alternative locations with comparable business potential and as close to the existing location as possible.
6. In cases where the Grievance Redressal Cell comes to the conclusion that evictions have been carried out in a malafide manner causing avoidable loss of income and assets, it will have the power to restore the losses of the vendor and impose disciplinary action, including punitive fines on the erring officials.

CHAPTER - IX
CIVIC DISCIPLINE FOR VENDORS AND MOBILE HAWKERS

15. Oath of Discipline: Each vending holder-whether stationary or mobile-- shall be obliged to sign an oath of Civic Discipline. This will include the following conditions:

a) Commitment to stay within the space limits (Sanyam Rekha) provided in the vending site, before the grant of regsitration.
b) Observe the ban on building any permanent or semi permanent structures on the vending site, other than those permitted under Rules of this Act;
c) Commitment to pay vending dues every month;
d) Commitment to maintain civic hygiene in the market area;
e) Adhere to the restrictions on illegal renting or sale of vending site or transferring the certificate of registration to another person.

16. Monitoring of civic discipline: Each ZVA will create effective mechanisms (such as installation of well attended CCTV cameras) in all hawking zones in order to monitor the compliance of Oath of Discipline.

17. Penalties for discipline violation: A person found violating the civic discipline mandated in the Oath, may be subject to financial penalties and other forms of disciplinary action, including eviction by the ZVA, as provided in the Rules under this Act.

CHAPTER - X
PROHIBITION ON IMPOUNDING OF VENDOR GOODS AND DESTRUCTION OF VENDOR STALLS

18. Vending without registration: A vendor who has neither applied for a Vending registration nor procured one, is subject to punitive fines and eviction but neither the police nor the municipal agencies are authorized to confiscate or destroy his/her goods and means of livelihood.

19. Action against non registered vendors: ZVAs will be entitled to take punitive action against non registered vendors only after the SVPRA has institutionalized a viable system for identifying genuine vendors in Delhi and for issuing them vending registration.

20. Restrictions on police powers: The police shall not take any coercive action for the removal of vendors unless asked for assistance by the appropriate ZVA.

21. Assistance for non vending holders: The field officers appointed by ZVAs will assist all those vendors who are found operating with vending registration to put in their applications for vending.

22. Punitive fines for violation of civic discipline: In case of violation of Oath of Discipline, the Field Officers appointed by the ZVA will impose fines and take other forms of disciplinary action as prescribed in the Rules under this Act.

CHAPTER - XI
CANCELLATION OF REGISTRATION

23. Cancellation of registration through due process. (1) Save as otherwise provided in this Act, the registration of vending granted under this Act may be suspended or cancelled by the Appropriate Authority through due process only if it has evidence that such registration has been secured through mis-representation or fraud or the vendor continues to flout the Oath of Discipline despite warnings and fines.

24. Provided that before making such order of cancellation or suspension under this section, a reasonable opportunity of being heard by the Appropriate Authority shall be provided to the registered owner of the vending to show cause against the proposed suspension or cancellation of registration.

25. Any person aggrieved against the order of cancellation of registration made by the Appropriate Authority may file an appeal to the Grievance Redressal Cell. The decision of the Grievance Redressal Cell after due process on such appeal shall be final and binding on the parties.

CHAPTER - XII
CIVIC AMENITIES FOR VENDOR MARKETS/HAWKING ZONES

26. Civic amenities for vendor markets: ZVAs will ensure that facilities to be provide at vendors' markets by the civic authorities must invariably include provisions for solid waste disposal; Well maintained pay and use public toilets; Neat pavements and stall flooring; functioning drainage system; Legal and metered power supply to vendors; Clean drinking water; Protective covers to safeguard their wares as well as themselves from heat, rain, etc; Pay- and use storage facilities
27. Hygiene and quality control: ZVAs will create special teams of Health Monitors with appropriate expertise for conducting awareness campaigns and short training camps to assist vendors of freshly cooked or pre prepared food to adopt hygienic measures and use safe products for cooking.
28. Monetary fines for violation of hygiene: Health monitors may impose monetary fines for violation of hygienic norms only after they have carried out training camps in the said market and ensured that basic facilities for maintaining hygiene-e.g. clean water for washing and cooking, proper drainage and facilities for garbage disposal-have been provided in the area. Vendor carts or goods will not be confiscated under the pretext of health monitoring.

CHAPTER - XIII
SOCIAL SECURITY MEASURES FOR STREET VENDORS

29. Creation of Welfare Board for Street Vendors: SVPRA will constitute a Welfare Board for street vendors in order to help them access the following services, among others:
a) Health and life insurance
b) Safe banking for micro savings and savings based credit;
c) Old age pension;
d) Maternity benefits;
e) Child care facilities.

CHAPTER - XIV
GOVERNMENT JURISDICTION

30. Power of Government to give directions to SVPRA. The Government may give SVPRA such advice as in its opinion are necessary or expedient in connection with expenditure from its Fund or for carrying out the other purposes of this Act.
31. Power of Government to remove any person on staff of SVPRA. - The Government shall have the power to remove by following due process any person whom it may deem unsuitable from the service of the SVPRA.
32. Power of Government or authorized officer to call for records, etc. - The Government or any officer authorized by the Government in this behalf may call for records of any proceedings which are pending before, or have been disposed of by, SVPRA for purpose of satisfying itself as to the legality of such proceedings or of any order made therein and may pass such orders in relation thereto as the Government or such officer may think fit:
Provided that no order adversely affecting any person shall be made under this section without giving such person a reasonable opportunity of being heard.
33. Accounts and Audit of SVPRA. - (1) The SVPRA shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the SVPRA shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the SVPRA to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the SVPRA under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the SVPRA.
(4) The accounts of the SVPRA, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Government by the SVPRA and the Government shall cause the audit report to be laid, as soon as may be after it is received, before the Legislative Assembly of Delhi.
34. Annual Report to Government. - (1) It shall be the duty of the SVPRA to present annually to the Government a report as to the work done by the SVPRA within six months of the close of the year under report.
(2) Every Annual Report submitted by the SVPRA under sub-section (1) to the Government shall be laid, as soon as may be after it is received by the Government, before the Legislative Assembly, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions.

CHAPTER - XV
MISCELLANEOUS

35. Members of SVPRA and all officers and servants of SVPRA to be public servants. - The members of SVPRA, including the Chairperson thereof and all officers and servants of SVPRA, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
36. Delegation of powers. -- The SVPRA may, by resolution passed by it at a meeting of the SVPRA, by order direct that any power or duty which by this Act or by any rule or regulation made under this Act is conferred or imposed upon the SVPRA shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by such officer of the SVPRA.
37. Protection of persons acting in good faith. -- No suit, prosecution or other legal proceeding shall lie against the Government, Chairperson and members of SVPRA or any officer exercising any powers or performing any duty under this Act for anything, which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or order made there under.
38. Act not in derogation of any other law. - The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force.
39. Power to make rules: (1) The Government after consultation with SVPRA may make rules and provisions to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for -
(a) Engaging necessary experts to help fulfil its responsibilities on terms and conditions to be decided by SVPRA;
(b) Deciding remuneration of various functionaries and pay scales of Employees;
(c) Fixing charges, fees, fines to be levied in furtherance of the implementation of this Act;
(d) Employment of persons on terms and conditions to be decided by the Regulations;
(e) Any other matter required for furthering the intent and purposes of the Act.
40. Power to make regulations.- (1) The SVPRA may make regulations concerning any matter which is to be or may be prescribed by regulations under this Act or in respect of which this Act makes no provision or makes insufficient provisions and such provisions is, in the opinion of SVPRA, necessary for the implementation of this Act.

(2) In particular and without prejudice to the generality of the forgoing power, such regulations may provide for -
(a) Procedure for registration of street vendors and mobile hawkers;
(b) Procedure for procuring vendor registration.
c) Registration fee for vendors and mobile hawkers
d) Fee for registration.
e) Penalties for violating Oath of Discipline.
f) Spatial norms for vending.
g) Suspension or cancellation of registration.
h) Salaries and benefits for staff and employees.
i) Terms and conditions of employment with SVPRA
j) Managing the funds of SVPRA
k) Any other matter necessary for the implementation of this Act.

41. Laying down of rules and regulations: Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Delhi, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following, the session or the successive sessions aforesaid, Legislative Assembly of Delhi, agrees in making any modification in the rule or regulation, as the case may be, or the Legislative Assembly of Delhi agrees that the rule or regulation should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

42. Amendment of............. - In the Delhi Municipal Corporation Act, 1957 (66 of 1967), in section ......... in sub-section (1), ................
43. Repeal and saving. - (1) On the commencement of this Act,

(a) The Delhi Municipal Corporation .....
(b) The Delhi Municipal Corporation .......

framed by the Municipal Corporation of Delhi under sub-section (1) of section ......... of the Delhi Municipal Corporation Act, 1957 (66 of 1957) shall stand repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said bye-laws shall be deemed to have been done or taken under provisions of this Act.

44. Removal of difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of one year from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Delhi.

NOTE:

There are certain sections of the Police Act and Indian Penal Code, which are the main deterrents to the profession of vending and need to be amended. They are as follows:

Section 283 of the IPC (Danger or obstruction in public way or the line of navigation) Whoever, by doing any act or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees. The offence punishable under this section is the nuisance of causing obstruction.

Section 34 of the Police Act No person shall cause obstruction in any street or public place by -

• Allowing animals or vehicle
• Leaving any vehicle standing or fastening any cattle in the street or in the public place
• Using any part of a street or public place as a halting place for vehicles or cattle
• Leaving any box, bale package or other things whatsoever or upon a street for an unreasonable length of time or contrary to any regulation
• By exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, cask, and basket or in any other way whatsoever.

These two provisions create the contradiction between a legal ‘licensed' vendor and ‘illegal' obstruction or causing nuisance resulting in physical eviction of even licensed vendors.

6.2 The policy recommends that Central Government and all States should amend the Police Act and Rules/Regulations there under and add a rider as follows:

"Except in case of street vendors /hawkers and service providers with certain reasonable regulations"

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