Policies, carry out vending in the non-vending

Policies, Act and Rules related to Street Vendors, India1. Definition and Terminologies:1.1 As per the NPFUSV, 2004 street vendors refers to person who is offering goods for sale to the public, without having a proper building structure but only a temporary or mobile structure. In NPFUSV, 2004 the street vendors are also known as Urban Vendors, which refers to both traders and service providers, having stationery or mobile vendors. In some other local/regions specific terms are used such as hawker, sidewalk traders, dukandars, etc. While it was stated in revised policy and also in Act they would be known as street vendors. They are part of unorganized group being self-employed. As per the Street Vendors Act, 2014 the street vendors refers to the person who is engaged in vending of good, articles, 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 (Poverty & Alleviation, 2014). He/she is recognized as a street vendor under the section 3 having sub section (1),(2),( 3).1.2. Vending Zone: means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public.(Poverty & Alleviation, 2014)1.3. No-Vending Zone: In the Nation Urban Street Vendors Policy 2004, it was stated that the non-vending zone, is for the mobile urban vendors and can be notified in terms of proper location and time. Under the street vendors Act no street should carry out vending in the non-vending zones.1.4. Town Vending Committee (TVC): Under The Street Vendors Acts, 2014 the government should constitute one or more TVC zone wise or ward, depends on the state government. And under section 22 of street vendors act, 2014 roles and responsibilities are been given.1.5. NPFUSV (National Policy for Urban Street Vendors), 20041.6. NPUSV (National Policy on Urban Street Vendors), 20091.7. The street vendors (protection of livelihood and regulation of street vending) act, 2014Page 3 of 72. Need of policy2.1 Earlier in year 2004, there were more than 2% of population of India is covered with Street Vendors. According to study stated in NPFUSV, 2004 that there are about 2,50,000 street vendors in Mumbai, Delhi having 2,00,000 street vendors and Ahmedabad has about 1,00,000 street vendors. Also the women constituted more in number of street vending than men. In year 2004, there were more cases of street vendors regarding their protection and livelihood in High courts and Supreme courts. Hence, need of policy and its acts and rules/guidelines to implement was must. (Urban Employment and Poverty Alleviation, 2004).2.2 Supreme Court in year 2004, stated that as the Article 19 (1) g of the constitution says that the right to carry on trade or business on street pavements, only if property regulated cannot be denied on the road that street are meant for passing and re-passing and for no other use. As per Article 39 (a) of the constitution states that the citizen (men and women equally) have rights to proper means of the livelihood and article 39 (b) of the constitution states that the ownership and control of materials resources of the community are so distributed as best to sub serve the common goods. (Urban Employment and Poverty Alleviation, 2004)3. History of Street Vendors Policy, Act and Rules:3.1 Policy: Keeping the constitution and the supreme court orders in mind in year 2004, the National Policy on Urban Street Vendors was made by the department of the Urban Employment and poverty Alleviation, under the Ministry of Urban development and poverty alleviation, Government of India (Urban Employment and Poverty Alleviation, 2004). The policy main objective was to provide livelihood to street vendors of the India, and also to avoid congestion and maintenance of hygiene in public spaces and street should be done. This policy involved essential points such as section 4 of policy tells us about the planning norms for carrying out the street vending in the city, which would help street vendors to locate their place of doing work, and avoid traffic problems.3.2 Policy, tells about the Town Vending Committee their roles and responsibilities. City authorities should design space keeping vending markets, and if demand increases there should be lottery regulatory fees charged.3.3 In the policy, about 2 to 2.5 % of the population should be considered as the street vendors and the city space for street vending should planned such a way.Page 4 of 73.4 Proper qualitative guidelines to health hygiene, public toilets, Aesthetic design, electricity, and other important services and facilities should be provided in vendor market.3.5 The policy also talked about the registration procedure, municipal and police laws (section 283 (IPC) and section 34 of the police Act), then the proper relocation and rehabilitation of streets vendors, stating that no forced eviction should be their, a prior 30 days before relocation should be provided. The insurance and social security of street vendors. With keeping in mind the collection of revenues. The roles of state government3.6 This policy was revised Policy in year 2009, having various changes amended as the adoption of the model law on street vending by state government, with its modification as per the geographic location and local conditions.3.7 In year 2010, the Supreme Court told the central and the state government to enact a law by June 2011 to ensure the livelihood rights of street vendors and regulating the vending activities. In 2011, the National Advisory Council (NAC) recommended enacting a central law. During this period of time, several states such as Chhattisgarh, Rajasthan, Madhya Pradesh, Andhra Pradesh and Orissa have enacted laws and policies on street vending. On 6th September 2012, the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 was introduced in the Lok Sabha to have an uniform law for livelihood and protection and also regulating street vending across India. The Standing Committee was formed and they submitted their report in year 2013. And hence the Rajyasabha passed the bill on February 2014. The bill got signed by president of India in year 2014. (“PRS | Bill Track | The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012,” 2012)3.8 Hence an ACT known as “The street vendors (protection of livelihood and regulation of street vending) act, 2014 “, this act mentioned that its doesn’t apply to railway authorized land, railway premises under the Railway Act, 1989. And also doesn’t apply to Jammu and Kashmir State.3.9 The act stated in section 3 about the Town Vending Committee its tenure (at least five years), registration of street vendors under sub-section 3, more detailed described under section 22. Section 4 talked about the age limit (street vendor should be above 14 years of age) and demand of street vending, issue of certificate and license of street vending.3.10 The Act talked about the categories for certificate issuing of street vendors (stationary vendor, mobile vendors, any other vendor category as may be specified as per scheme). Also the under section 20 the grievance or dispute arises the action should be taken by the authorities are mentioned (providing compulsory hearing of the street vendors, and no force eviction).Page 5 of 73.11 The chapter 3 of the street vendor act, 2014 talked about the Rights, roles and duty of street vendors. Chapter 4 talked about the relocation and rehabilitation of street vendors during the violation of law, or certificate has been cancelled under section 10. No forced eviction should be there (under chapter 4: section 18 : sub – section 3).3.12 Chapter 6 stated about the street vendors planning norms and local authority should submit the plan to government for approval. Chapter, as mentioned talks about the TVC committees their roles and responsibilities, tenure, members, their salary or fees. The TVC committee should involve NGOs (>10%), Municipal commissioner or CEO (as chairperson), member representation the local authority nominated by government, representatives of street vendors (>40%) amongst which 1/3rd of should be women. The members of TVC committee should receive monthly allowances.3.13 As per the Chapter 9, of the Street Vendors Act, 2014 penalty provisions were made, under the section 28 sub-section (a) (b) and (c), if violated the penalty of maximum Rs.2000 should be charged and license will be withdrawn. There are two schedules stated in Act, 2014: Schedule one tells about the guidelines of planning of streets and no-vending zones. Schedule two talks about the schemes availing for the Street Vendors and collaborating various stakeholders in the schemes. This schemes should be started after the 6 months of passing of the act, and under schedule two section (a) and section 38 states that regular yearly survey of street vendors should be done.3.14 As per the section 36 sub-section (1), stated that after the commencement of this act within one year the Rules should be made and notified by the government and provisions of this act should be carries out.3.15 Till now there are various states such as Bihar (2017), Goa (2016), Himachal Pradesh (2016), Karnataka (2016), Manipur (2016), Assam (2016), Maharashtra (2016), Rajasthan (2016), Tripura (2016), Uttrakhand (2016), Chhattisgarh (2015), Odisha (2015), Punjab (2015), Tamil Nadu (2015), Delhi (2014), Gujarat (2016) and various Union territories such as Daman and Diu, Andaman and Nicobar islands, Chandigarh, Lakshadweep in year 2015.3.16 Currently, a Delhi based organization named National Association of Street Vendors of India (NASVI)has a federation of about 715 street vendor organizations, trade unions and NGOs.(“Street Vendors: Tabled in Parliament’s last session, this Bill could bring security to our urban poor,” 2012)4. Key Findings4.1 As mentioned in the report by the standing committee that 1) other stakeholders such as the representative of the planning authority, local police, traffic police, banks orPage 6 of 7financing trade institutions should be a member of TVC. 2) the bills should be made applicable for the railways. 3) the time limit of the issuing the vending certificate should be one month and renewal of it should be 3 years. 4) Most importantly, within 6 months of the passing of the Act, state governments and local authorities should implement provisions of the bill. This above important points are not clearly stated or justified in the Street Vendors Act, 2014.4.2 The points such as stated in the Street Vendors Acts, 2014 talks about the implementation of the Rules in States within one year and implementation of schemes for street vendors within 6 months of the commencement of the Act and still few states have not complied to the Acts by making rules and laws.4.3 SEWA (Self Employed Women’s Association) is the founding member of NASVI, in which Ahmedabad has organized an union of street vendors of about 85,000 members. Also the capacity building and showcasing of the street vendors food with involving them with food festivals should be an important factor for the revenue generation and capacity enhancement of street vendors. In past Gujarat as per the BPMC Act, 1949 sub-sections.231 and 384 are the sections most frequently used to evict and prosecute street vendors, and the acts needed to be amended in order to remove the anomaly between a legal vendor and illegal obstruction.5. Conclusion5.1 The amendment of Street Vendors Act, 2014 should be their considered the Railway premises and railway authorities land under the railway act, as a lot of peoples does mobile and stationery small street vending in railway premises as observed by me in Ahmedabad. The Act should be amended based on the survey of street vendors conducted in region of Jammu and Kashmir. Also the learning from the NYC Street vending rules and regulations lets us known about few points to also be considered that seasonal permits, permits by Department of Health and Food Authorities too, regulations of the Mobile Food Vending (NYC: Street Vending, ). As per the National Policy of Urban Street Vendor, 2004 stated that there should be qualitative guidelines involving the hygiene and other aspects also. The amendment should involve section 4.1.3 of NPUSV, 2004.5.2 Learning: Policies involves the key points to be considered for framing the laws, acts and rules/guidelines. The Acts is passed by the ministry of law and justice in parliament and hence finally signed by President of India. The act involves rules, regulations, schedules, points to be undertaken by local authority and government. The rules involves the provisions of the acts, the guidelines, states government authorities and other stakeholders involved in the rules. The rules of the state also lets use known about thePage 7 of 7declaration, details of planning norms taken, the TVC committee or committee members and their allowances, Revenue, Penalty and proper dispute redressal system with who would be chairing it and members. Election of TVC (ballot paper), Acknowledgement, various forms for street vendors and TCVs are also included in the Rules.