Mizoram Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017

The Mizoram Gazette EXTRAORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 NOTIFICATION No. B. 13017/87/2017-UD&PA, the 2 11d November, 2017. In exercise of the powers conferred by Section 36 of the Street Verni.ors (Protection of J_,ivelihood and Regulation of Street Vending) Act, 2014 (Central Act No. 7 of 2014), tlie Governor of Mizoram is pleased to notify the Mizoram Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 for general information. Secretary to the Gov( of Mizoram, Urban Development & Poverty Alleviation Deptt. Published and Issued by ·;::;ontroller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Governme�t Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL- XLVI Aizawl, Tuesday 7.11.2017 Kartika 16, S.E. 1939, Issue No. 676 NOTIFICATION No.B.13017/87/2017-UD&PA, the 2"d November, 2017. In exercise of the powers conferred by Section 36 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act No. 7 of 2014), the Governor of Mizoram is pleased to notify the Mizoram Street Venqors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 to provide for regulating Street Vending activities in Mizoram, namely:- CHAPTER 1 PRELIMINARY l. Short title, Extent and commencement- (1) These rules may be called the Mizoram Street Vendors (Protection·of Livelihood and Regulation of Street Vending) Rule�. 201 7. (2) They shall extend to the whole ofMizoram excluding the Autonomous District Council areas. (3) They shaJ! come into force on the date of their publication in the .Official Gazette. 2. Definitions - (1) In these rules, unless the context othe1wise requires- (a) "Act" means the Street Vendors (Protection of Livelihood and Regu]ation of Street Vending)Act, 2014, (Central Act No 7 of2014); (b) "Bye-Lawsn means the Bye-laws made under section 37 of the Act (c) "Chairperson"means the chairperson of the Town Vending Committee; (d) '' fonn''means the form appended to these rules; ( e) "Glievance Redressal Committee "means a committee constituted by the Government under sub-section (I) of Section 20 of the Act for redressal of grievances or resolution of disputes; (f) ''local autlwrdy"means the local authority as defined under clause ( c) of sub-section (1) of Section 2 of the Act; (g) "Member Secreta1y"means the Member Secretary of the Town Vending Committee; (h) "Nationalized Lead Ba11k"means the Lead Bank notified by the State Government to be the non-official member of the Town Vending Committee. (i) 'Wada! DepaJtment"means Urban Development & Poverty Alleviation Department, Government ofMizoram; G) "Schedule')means a schedule appended to these rules or the Act, as the case maybe; Ex-676,'2017 - 2 - (k) "Scheme' means a scheme framed by the appropriate Government under section 3 8; (1) "Section "means a section of the Act (m) "State Govemment"means the Government of Mizoram; (2) Words and expressions used herein but not defined in these rules shall ha�e the same meanings . as respectively, assigned to them in the Act. CHAPTER-II AGE OF STREET VENDOR 3. Minimum age of Street Vendor - A Street Vendor who has completed the age of fourteen years shall be issued a certificate of vending under section 4 of the Act. CHAPTER - III TOWN VENDING COMMITTEE 4. Constitution of Town Vending Committee- (1) The State Government shall constitute the Town Vending Committee for each Local Authority in the following manner, namely:- ' A. In the case of a Municipal Corporation, the Committee shall consist of the following members, namely:- Offidal Members - (i) The Municipal Commissioner who shall be the Chairperson of the Town Vending Committee, (ii) Medical Officer of the Local Authority or any officer in- charge of the management of preventive health measures within the city, (iii) Deputy Commissioner of the District or his representative, __ .· (iv) Director Town & Country Planning Authority or his representative, and (v) One Police (Traffic) official nominated by the Director General of Police not below the rank Additional Superintendent of Police. One of the official members as decided by the Chairperson shall act as the Member Secretary of the Committee. Non - offidal Members- (i) One member of the Local Authority, (ii) Eight representatives of the Street Vendors who are carrying on street Vending activity: a. while holding election of the Street Vendors to the Town Vending Committee, the Town Vending Committee, if it deems fit, shall decide the number of seats to be represented by scheduled caste, scheduled tribe, other backward classes, minorities and persons with disabilities on a rotation basis. b. for ensuring one-third representation for women, the Town Vending Committee shall decide the number of seats of reserved and open category before each election which shall be represented by a woman candidate only. (iii) One member of the Market and Trade associations, (iv) One member of the Non-Government Organizations, (v) One member of the Community Based Organizations, and (vi) One representative of the Nationalized Lead Bank ofth� City or Town as the case may be. B. In the case of a Municipal Council/Municipal Board, the Committee shall consist of the following members, namely:- - 3 - Ex-676/2017 Offic1iil Members- (i) The ChiefExecutive Officer who shall be the Chairperson of the Town Vending Committee, (ii) Sub Divisional Magistrate, ·· (iii) Police Inspector, and (iv) An official or his representative of the Town and Country Planning authority of the State, stationed locally or in any nearby city or Town One or the official members as decided by the Chairperson shall act as the Member Secretary of the Committee. Non- Official Members- (i) One member of the Local Authority, (ii) Five representatives of Street Vendors who are carrying on street Vending activity, (a) while holding election of the Street Vendors to the Town Vending Committee, the Town Vending Committee, if it deems fit, shall decide the number of seats to be represented by scheduled caste, scheduled tribe, other backward classes, minorities and person with disabilities on a rotation basis. (b) For ensuring one-third representation for women, the Town Vending Committee shall decide the number of seats of reserved and open category before each election which shall be represented by a woman candidate only. (iii) One member of the Market and Trade associations, (iv) One member of the Non- Government Organizations, and (v) One representative of the Nationalized Lead bank of the City or Town as the case may be. The Non-Official members shall be elected or selected as per the procedure laid down in rule 6. The percentage ofreservation shall be followed as per the prevalent guidelines of the State or UT Government. If need be, Ward Town Vending Committee may be constituted by the State.Government for the Municipal Corporation, on the recommendation of the Local Authority. Thl f State Government shall decide the rank of the official not below the rank of Deputy Commissioner, who shall preside over the Ward Committee and the powers of the Municipal Commissioner to be exercised by such official. 5. Provisional Town Vending Committee.- (1) Not withstanding anything contained in Rule 4, the State Government shall constitute the provisional Town Vending Committee for each Local Authority, till such time, as the survey of the Street Vendors is completed and election of the representatives of Street Vendors is held on the basis of such survey. The State Government shall nominate all the members of the Town Vending Committee of various categories mentioned in section 22 of the Act for this purpose. (2) The Nomination of the Street Vendors to the Provisional Town Vending Committee, under sub­ rule(l ), shall be based on any Official document (but more than six months old) indicating the status of a person as• a "Street Vendor" in the City or Town, for which the Town Vending Committee is to be constituted. (3) The duration of the Provisional Town Vending Committee constituted under sub-rule (1) shall not be more than one year or till such time as the election of the StreefVendors to the Town Vending Committee could be held on the basis of the survey undertaken, whichever is earlier. 6. Mode of electing or selecting Non-official members- (1) The general body of the Local Authority shall decide one of the members of the Local Authority to be nominated for Town Vending Committee Ex-6.,6.'2017 - 4 - (2) The Local Authority by resolution may decide for the mode of nominating the Members from the Street Vendor Associations, market and Trade Associations, Non- Government Organization, Community Based Organization, Residents Welfare Association etc,. by any one of the following procedures:- (A) Where it has been decided to go for a ballot based election for the Non-Officialmembers of the Town Vending Committee, the institution wise election shall be conducted by the Collector or his representative following the procedure usually adopted for the election of the representatives of the Local Authority (B) Where it has been decided to select by lot, the following procedure shall be followed, namely:- (i) The Local Authority shall publish a notice calling for application for the membership of Town Vending Committee, on its website and in any two prominent local newspapers published in the local language of the area. A copy of the notice shall also displayed in any conspicuous place in the local market or markets within the jurisdiction of the Local Authority, (ii) the publication of such notice shall contain, amongst other things, the date of publication, the form for the application, qualification of the candidate, the last date for submission and the manner of submission of the application, (iii) the notice shall be published thirty days prior to the last date for the submission of applications for membership of the Committee, (iv) any person, being a member of any association of Street Vendors, the market 'association, the traders association, non- governmental organization and community based organization and resident welfare association is eligible to apply for membership of Committee. Provided that such person must have completed the age of eighteen years and had not been convicted by any court of law for any criminal offence, ., . (v) the Local Authority may seek information, with respect to, particulars of the applicant and details of work experience, particularly in the field of informal market or markets and street Vending within the jurisdiction of the Local Authority, and such other information as it may deem fit, (vi) the Local Authority, on receipt of such applications shall allot unique number to each application and communicate the same to every applicant, and (vii) if the applications received for a paiiicular category are more than the required numbers, the Local Authority shall select the member on the basis of lottery. Such lottery shall be held in the presence of the interested parties. (3) The election for the members of the Town Vending Committee from amongst the Street Vendors shall be conducted in the manner provided in the Schedule appended to these rules. ( 4) The Nationalized Lead Bank shall nominate one of its officials as a member for the Committee. (5) The Local Authority shall publish the aforesaid infonnation and the list ofNominated members of Town Vending Committee on its website, within thirty (30) days from the last date for submission of application for the membership of the Committee. (6) The formation of the Town Vending Committee (both official and non-official Members) shall be published by the State Government in the Official Gazette. 7. Duration of Town Vending Committee - (1) The tenn of the Town Vending Committee shall be for a period of three years from the date of its constitution. (2) The process of constituting new Town Vending Committee shall be compl�ted before the expiry of the term of the existing Committee. 8. Removal of Member of Town Vending Committee- Ex-676/2017 If in the opinion of the State Government, any member of the Town Vending Committee persistently makes default in the performance of his duties imposed on him by or under the Act or the rules or exceeds or abuse its power, the State Government through the Nodal Depa1iment may, by order remove such member from the Town Vending Committee; Provided that, such members shall be given a reasonable opportunity of being heard before passing an order of removal. 9. Method of filling vacant post- Where any vacancy occurs in the existing Town Vending Committee due to resignation, death, removal of any member or for any other reason, the same procedure as laid down in the Rule 6 shall be followed to fill up such vacancy. 10. Procedure for meeting of Town Vending Committee.- Cl) The Town Vending Committee shall decide in its first meeting, the various procedural aspects relating to conduct of its business. (2) The time and avenue of the meeting shall be decided by the Chairperson. (3) The Member Secretary shall issue a notice before seven days of a scheduled meeting. ( 4) The agenda of items to be discussed in the meeting shall be circulated to the members and put up on official designated website. Each agenda item shall be accompanied by a detailed note bringing out the issues involved with the clear recommendation, if any, made by the administration. The agenda papers including the notes shall be in the local language. (5) The quorum of the meeting shall be oitwo-third members of total strength of the Committee. (6) The decision shall be taken on the basis of majority of members present at the meeting. (7) No meeting shall be carried on in the absence of the quorum and where there is no quorum, the meeting shall be adjourned. (8) The minutes of the meeting shall be signed by the Chairperson and shall,.be- placed in the subsequent meeting of the Committee for confinnation. (9) The minutes of the meeting shall be placed on the Nodal Department website or the Town Vending Committee may decide to have its own website. (10) The meeting of the Committee shall be held at least once every quarter. (11) The first meeting of the newly constituted Committee shall be fixed within fifteen days from the date of its constitution. 11. Disqualification of members- The leave of absence and the disqualification of the Member of the Town Vending Committee shall be decided in the following manner, namely:- (1) A member, in case of urgency, may remain absent in the meeting with the prior approval of the Chairperson of the Committee. (2) (a) When a member remains absent for three consecutive meetings without permission, the Chairperson shall issue a show cause notice to such member asking him to explain within two weeks, the reason for his absence in the meetings. If such member submits satisfactory explanation or rea5ons for his absence, he may be allowed to continue as a member with the warnings. (b) Where such member fails to give any satisfactory reason for his absence in the meetings or does not reply to the show cause notice within time, his membership froin the Committee shall be terminated and such tennination order shall be communicated to the member by the Town Vending Committee. (3) Any member convicted in any criminal offence shall lose his membership of the Committee w.e.f the date of such conviction and the termination order shall be communicated to the member by the Town Vending Committee. Ex-676/2017 - 6 - ( 4) Any member who has lost his membership of the Committee may prefer an appeal to the State Government within one month from the date of receipt of the termination order. The State Government through the Nodal Department, after giving opportunity of being heard to both the parties shall decide the appeal and the decision of the Government thereon shall be final. 12. Status paper and Street Vending scenario shall be put up by Local Authority- After the procedural details are finalized by the Town Vending Committee, and before it takes up the regular business, the Nodal Department, in consultation with the Local Authority or the case maybe, shall circulate a status paper of the Street Vending scenario in the City or Town amongst the members of the Committee containing the following details, namely:- (i) the areas of Street Vending in the City or Town indicated in the maps; (ii) the number of Street Vendor in the City or Town where a survey has already been conducted, otherwise indication can be given about the approximate numbers; (iii) information about high footfall areas, lean footfall areas and mid-range areas from the street Vending angle; (iv) the areas of seasonal Vending, areas of niche market, areas of night bazaars, the likely high footfall places in the areas under development; (v) a broad category of articles sold; (vi) the problem areas from the traffic angle; (vii) enumeration of the relevant provisions of the Prevention of Food Adulteration Act, 1945; and (viii) enumeratiot;i of health and hygiene aspect needs to be taken care of by the Street Vendors. Explanafjon: Caution should be taken to ensure that the data presented are authentic to the extent possible and up- to- date. This will virtually form the baseline data to facilitate the Committee to take decision. These databases can be presented in the digital form if so desired by the Committee. 13. Function of Town Vending Committee- Without prejudice to any other provisions of the Act, a Town Vending Committee shall perform following functions and duties, namely:- (i) (ii) (iii) (iv) (v) (vi) to conduct surveys for Street Vending and to take final decision about Vending zones along with thefr holding capacity as worked out by the Nodal Departme11t or the Local Authority, as the case maybe, under the Scheme, ExplanatJ'on:-For deciding the Vending Zones, the Committee shal1 have the base materials or data from the Nodal Department or Local Authority, as the case maybe. The bye-laws and the planning will identify the Vending zones. where the Committee considers it necessary to change vending zone or the area to be allotted to individual vendor, it may draw the attention of the Nodal Depaitment or the Local Authority, as the case maybe, to suitably modify the plan. After obtaining the opinion of the Nodal Department or the Local Authority, as the case may be, the Committee shall take final decision there on, while making recommendations and suggesting any changes in the Vending Zones, the Committee shall take into consideration the road width, traffic flow and the pedestrian movement in the area concerned, to issue, withhold, renew, suspend or cancel the certificate ofVending, to carry out social audit as specified in the Scheme, to declare, on the recommendation of the Local Authority, the natural market, weekly market; festive market, seasonal market, night bazaar and niche market with their exact location and the specific period in case of seasonal market or festive market. Where such markets are anew evolving, the Committee shall get the necessary survey carried on of the area and such - 7 - Ex-676/2017 other aspects as it deems necessary and declare the place a market of any of the aforesaid mentioned categories, depending on the situation, (vii) to furnish, from time to time, to the State Government such returns prescribed in the Act and the rules, (viii) to provide comments to the State Government for undertaking promotional measures for making available credit, insurance and other welfare schemes of social security for the Street Vendors, (ix) to raise awareness among the people, the role of Street Vendors in the economy, and (x) to perform such other functions as assigned by the Local Authority or the State Government for effective implementation of the Act and these rules. 14. Sub- Committee for specific issue - The Town Vending Committee may decide and form a sub-Committee consisting of its members, to examine and come up with the suggestion on any specific issue which may crop up from time to time. 15. Allowance to Official and Non-Official members- The Non-Official members shall be entitled to a seating fee as may be decided by the Nodal Department from time to time. In case of non-quorum meeting, fifty per cent of the sitting fee shall be paid to such members who have attended such non quorum meeting. 16. Person to be associated in meeting- The Town Vending Committee may associate any known expert in the field of informal economy including Street Vending or spatial planni�g issues, for taking a view on matters relating to the Street Vending. Such an expert shall have the right to take part in the discussion in the meeting but has no right to vote in the meeting. Such person shall be paid an honorarium as may be decided by the Chairperson. 1 7. Employees of Committee - The local authority concerned shall with the prior approval of the State Govemme11t when so requested by a Town Vending Committee, make available to that Committee such employees as the local authority considers necessary for discharge of the functions conferred or imposed on the Town Vending Corumittee under the Act or these rules. CHAPTER - IV DISPUTE REDRESSAL SYSTEM 18. Constitution of Grievance Redressal Committee - ( 1) The State Government shall constitute one or more Grievance Redressal Committees for Redressal of Grievances or resolution of the disputes of the Street Vendors. (2) The State Government shall decide the area of jurisdiction and the headquarters of Grievance Redressal Committee. (3) (a) The State Government shall appoint a Civil Judge or Judicial Magistrate First Class as a Chairperson and two other persons as members of the Grievance Redressal Committee. (b) Out of two other members of the Committee, one shall be a retired Deputy Municipal Commissioner of a Corporation or retired Chief Executive Officer of a municipality in the region and the second member of the Committee shall be a prominent Social Worker, preferably having experience in the field of infonnal economy including Street Vending in the State. (4) The tenure of Grievance Redressal Committee shall be for period of three years. (5) The Chairperson and the members of the Grievance Redressal Committee shall be paid such remuneration at the following rates: Ex-676/2017 - 8 - (a) the Chairperson shall be paid the honorarium at the rate of rupees one thousand per day of sitting; (b) the other members shall receive a consolidated remuneration of rupees five hundred per day of sitting ;or ( c) as may be revised by the State Government from time to time as per extant rules and guidelines. 19. Form and manner of making application to Grievance Redressal Committee- (1) Any Street Vendor who has grievance or dispute in respect of anything done or any action taken under the provision of the Act or the rules may make an application in writing in Form­ IV, either himself or through his representative, to the Grievance Redressal Committee. (2) Such application shall be filed by the Street Vendor within a period of thirty days from the date of occurrence of any incident causing the grievance or dispute. (3) The Grievance Redressal Committee shall not entertain an application where:- (a) the application is anonymous or it contain general and vague allegations, (b) the matter is sub-judice in any court ofLaw, Tribunal or a Judicial or a Quasi-Judicial Authority, ( c) the matter is beyond the purview of the Act, and (d) the applicant has no locus standjto file an application. 20. Manner of hearing by Grievance Redressal Committee - (1) On receipt of an application under rule 19, the Grievance Redressal Committee shall hold a preliminary hearing with the applicant to determine as to whether there is a p1ima fade case and whether the balance of convenience is in favour of app I icant. The Street Vendor may also pray for the interim relief during the pendency of such application· (2) The result of the preliminary hearing shall be pronounced at the conclusion of the hearing and shall be recorded in writing and communicated to the applicant. The Committee may grant or refuse the interim relief, if any, prayed by the Street Vendor, with the reasons .recorded in writing. (3) Where it has been held by the Committee that there is a prjma fade case, a notice shall be issued to the public authority containing the details of the grievance or dispute. ( 4) The public authority, on receipt of such a notice, will file a reply within a period to be decided by the commi ttee. A copy of the reply shall also be furnished to the Street Vendors, free of cost. (5) The Street Vendor may file a counter reply within a period of two weeks from the date of receipt of the written reply filed by the State authority. (6) The Grievance Redressal Committee may order for a field inquiry by deputing one of its members or an official of the Local Authority in connection with the contentions made by the applicant or respondent and also with reference to the record placed before it. (7) The Grievance Redressal Committee, after hearing both the parties, shall pass an order in writing, with the reasons for taking the decision, within a period of one month from the date on which hearing of both the parties concluded. (8) The decision of the Grievance Redressal Committee shall be binding on the parties unless it is stayed by the Municipal Committee to which the appeal lies .. CHAPTER - V APPEALS 21. Appellate Committee to hear appeal- (1) State Government shall constitute a Committee consisting of District Session Judge as the Chairperson and Officer of the Nodal Department in the City as Ex-Officio Member along with Technical Expert in charge of Support to Urban Street Vendor component of DAY­ NULM as invitee to work as appellate authority to hear the appeal under rule 22 and 23. - 9 - Ex-676/2017 (2) The members of the Appellate Committee shall be paid such remuneration at the following rates: (a) the Chairperson shall be paid the honorarium at the rate of rupees one five thousand per day of sitting; (b) the other members shall not receive a consolidated remuneration; or ( c) as may be revised by the State Government from time to time as per extant rules and guideline. . 22. Appeal against decision or order of Town Vending Committee- (1) Any person, who is aggrieved by the decision or order of the Town Vending Committee with respect to issue of certificate of Vending or cancellation or suspension of certificate of Vending, may prefer an appeal to the Appellate Committee constituted under Rule 21 within a period of thirty days from the date of the decision of the Town Vending Committee, in form V, either himself or through his representative to the Nodal Department of their city. (2) Any appeal filed after the expiry of the stipulated period specified in sub-rule (1) shall not be ente1iained by the Appellate Committee. Provided that, the appellate authority may condone the delay if it is satisfied that the appellant was prevented by sufficient cause from preferring an appeal within the stipulated period. (3) The Appellate Committee shall dispose of such appeal within a period of thirty days from the date of filing the appeal. "' ( 4) The Appellate Committee, after hearing both parties shall pass an order in writing, with reasons for taking such decisions. 23. Appeal against decision or order of Grievance Redressal Committee- (1) Any person who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal in writing to the Appellate Committee constituted under rule 21 within a period of thirty days from the date of order of the Grievance Redressal Committee in form VI either himself or through his representative to the Nodal Department of thefr city; (2) Any appeal filed after the expiry of the stipulated period specified in sub-rule (1) shall not be entertained by the Appellate Committee Committee; Provided that the appellate authority may condone the delay if it is satisfied that the appellant was prevented by sufficient cause from preferring an appeai within the stipulated period. (3) The Appellate Committee, on receipt of the appeal, shall issue a notice to the parties concerned intimating the date and time of hearing. The hearing date shall be fixed within thirty days from the date of filing of an appeal; ( 4) The Appellate Committee, after hearing both parties shall pass an order in writing, with the reason for taking the decision, within a period of thirty days from the date on which hearing of both the parties concluded. CHAPTER - VI MISCELLANEOUS 24. Manner of maintaining up-to-date record of Street Vendors- (1) The paper records of the Town Vending Committee shall be maintained by its Secretariat in the place allotted by the Nodal Department or the Local Authority and' the soft copy should also be suitably maintained. All decisions taken by the Town Vending Committee shall be placed on a designated website. (2) The records relating to the allotment of the space to the street venders shall be kept for ten years. Other records may be preserved for a period of five years unless those are needed for any legal proceedings. Ex-676/2017 - 10 - (3) The street or road plan with the existing site of the street Vending shall be a permanent record with the Town Vending Committee. 25. Manner of publishing summary of Scheme- The summary of th� scheme notified by the State government under section 3 8 of the Act shall be publis�ed by the Nodal Department or the Local Authority in Two local newspapers and shall also be uploaded on the website of the Nodal Department or Town Vending Committee. Such publication of scheme by the Nodal Department or the Local Authority, as the case may be, shall be made within seven days from the date the Scheme notified by the State Government. 26. Furnishing of returns to State Government - Every Town Vending Committee shall furnish from time to time, the return as required under section 30 of the Act along with the details specified in form VII , to the State Government. 2 7. Annual Report -- The Annual report shall be prepared by the Town Vending Committee within three months after the completion of the financial year and shall also be uploaded on the designated website. 28. Interpretation and remQval of difficulty- If any difficulties arises in implementing the provisions of these rules or for interpretation of any rule, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final. SCHEDULE {See rule 6(3)} Manner of election of the Town Vending Committee from amongst the Street Vendors:- 1. The Nodal Department or the Local Authority, as the case maybe, shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the Street Vendors 9f the area under the jurisdiction of the Nodal Department or the Local Authority. 2. The Nodal Department or the Local Authority, as the case maybe, shal1 appoint a Returning Officer for the purpose of conducting the election of members of the Town Vending Committee representing the Street Vendors of the area under its jurisdiction. 3. The Returning Officer appointed under Clause 2 shall conduct the election for the members of the· Town Vending Committee from amongst the Street Vendors in the manner provided here in after. 4. A mobile vendor, stationary vendor or Street Vendor shall be disqualified to be elected as member of the Town Vending Committee if he is convicted of an offence involving moral turpitude or he is physically or mentally incapable of discharging duties as a member of a Town Vending Committee. 5. The Nodal Department or the Local Authority, as the case maybe, shall supervise, direct and control the conduct of elections of the members of a Town Vending Committee representing the Street Vendors in the area of its jurisdiction. 6. As soon as the notification expressing the intention of the Nodal Department or the Local Authority, as the case maybe, to conduct elections for members of a Town Vending Committee representing the Street Vendors has been issued and a Returning Officer has been appointed for conducting the election, the Nodal Department or the Local Authority, as the case maybe, shall by a resolution determine the date, time and place for conduct of the election. - 11 - Ex-676/2017 7. The notice of the resolution or decision of the Nodal Department or the Local Authority shall be circulated among the Street Vendors engaged in the vocation of Street Vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:- (a) by public notice to be published in two prominent daily newspapers out of which one shall be in the local language of the area; (b) by local delivery; ( c) by post under certificate of posting; ( d) by speed post or courier services, duly registered with competent authority as well as on the notice board of the Returning Officer. The notice shall contain information regarding- (i) the number of members to be elected including seats reserved for representation of scheduled tribes, scheduled castes, other backward classes, women, persons with disabilities, minorities or any other specified categories. (ii) the date on which, the place at which and the hours between which nomination papers shall be filed, such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday; (iii) the date and the hour for scrutinisation of the nomination papers; and (iv) the date, place and the hours of the polling. 8. The Nodal Department or the Local Authority, as the case may be, shall prepare a list of Street_ Vendors engaged in the vocation of Street Vending in the area of jurisdiction of the Town Vending Committee as it stood on thirty(30) days before.the date fixed for inviting the nominations and publish copies of the said list by affixing them up on.the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for inviting nominations. The list shall specify the registration number, certificate of Vending and the name of the Street Vendor, the name of the father or husband, as the case may be, and the address of the Street Vendor. It shall be the duty of the Town Vending Committee or the Nodal Department or the Local Authority, as the Cf1Se.may be, to bring up-to-date register of Street Vendors and such other register as the Returning Officer may require and hand over such records or register to the Returning Officer thirty days prior to the date fixed for the purpose of the election. A copy of the list shall be supplied by the Town Vending Committee or the Nodal Department or the Local Authority or Returning Officer, as the case may be, to any Street Vendor on payment of such fee as specified by the Nodal Department or Local Authority, as the case maybe. 9. The nominations of the candidates for election shall be made in Form- I which shall be supplied by the Returning Officer to any Street Vendor free of cost. 1 O. The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one sixth of the votes polled, the security deposit shall be forfeit to the Nodal Department or Local Authority, as the case maybe. 11. Every nomination paper shall be presented in person by the candidate himself or by his proposer or· seconder to the Returning Officer. The Returning Officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is receiveq by him and shall immediately give a written acknowledgement for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee or Returning Officer. Any nomination paper which is not received on or before the date and time fixed for it shall be rejected. 12. (i) On the day following the date fixed for the receipt of nomination papers, the Returning Officer shall take up the scrutiny of the nomination papers. Ex-676/2017 - 12 - (ii) The Returning Officer shall examine the nomination papers and decide objections, which may be made by any person in respect of any nomination and may, either on such objection or on his own motion and after such summary inquiry, if any, as the Returning Officer thinks necessary, reject any nomination: . Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particular relating to the candidate or his proposer or seconder, as entered in the hst of Street Vendors referred to in clause 8 if the identity of the candidate the proposer or seconder, as the case may be, is established beyond reasonable doubt. (iii) the Returning Officer shall give all reasonable facilities to the contesting candidates or the proposer or seconder as the case may be, to examine all the nominations papers and to satisfy themselves that the inclusion- of the name of the contesting candidate is valid. (iv) the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected he shall record in writing a brief statement of his reasons for such rejection. (v) the Returning Officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riots or affray or by causes beyond his control. 13. The list of valid nominations as decided by the Returning Officer with names in English alphabetical order and addresses of the candidates as given in the nomination papers shall be displayed or published on the same day on which the scrutiny of the nomination papers is completed. 14. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pm on the day following the day on which the valid nominations are published, to the Returning O�cer of the Town Vending Committee. A notice of withdrawal of candidature once given shall be iq.evocable. 15. Where the number of candidates whose nomination papers have been declared valid, does not exceed, the number of candidates to be elected, the Returning Officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee. Where the number of candidate whose nominations are valid exceeds the number to be elected, the Returning Officer shall arrange for conducting a poll on the date fixed for the purpose. The Returning Officer may appoint one or more polling officers as may be necessary for conducting the poll. The ballot paper to be used for the' election shall be as prescribed in form - II. 16. The Local Authority shall provide the Returning Officer with ballot boxes, ballot papers, copy of list of Street Vendors or voters and such other articles as may be necessary for the conduct of elections. The ballot box shall be designed in such a way that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the Returning Officer, appoint an agent to represent him for both the places where polling is held to identify the voters and to watch the recording of votes. Such letter shall contain the conse.nt in writing of the agent concerned in Form - III. 17. The canvassing for votes by any person at the place where election is to be conduct�d shall be prohibited. 18. Immediately before the commencement of the poll, the Returning Officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fixed his seal. The· candidate or his agent may also affix his own seal, if he so desires. · 19. Every Street Vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English Alphabetical order either - 13 - Ex-676/2017 printed, type written or cyclostyled, according to convenience, on the ballot paper. The ballot paper shall also bear the seal.of the Town Vending Committee and also the initials of the Returning Officer, and further contain a column, for the voter to inscribe a mark [X] against the names of persons to , · whom he wants to vote. 20. Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the Street Vendor or voters can record their votes in secrecy. 21. No ballot paper shall be issued to a Street Vendor or voter unless the Polling Officer is satisfied that the Street Vendor or voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper the Street Vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose favour he exercise his vote by inscribing a mark [X] against the name of the candidate or candidates, as the case may be, and drop the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the Street Vendor or voter is unable to inscribe the mark on the ballot paper, the Polling Officer and where no such Polling Officer is appointed, the Returning Officer sha11 ascertain from him the candidate or candidates in whose favour he desired to vote, inscribe the mark [X] on his behalf and drop the ballot paper in the ballot box. 22. If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such elections, it is not possible to take the poll for any sufficient cause, the Returning Officer may stop the polling, recording his reasons for such action in the minute book of the Town Vending Committee. 23. No Street Vendor or voter shall be admitted after the hours fixed for the poll but a voter who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed him to vote. 24. The counting of votes shall take place immediately after closing of the poll. If th.is is not possible, the ballot box shall be sealed with the seal of the Returning Officer and the contesting candidates or their agents, if they so desire, and deposit such ballot box with the Local Authority for custody. The Returning Officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the Returning Officer. Each candidate and his authorized agent shall have a right to be pr.esent at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate the counting and the announcement of results by the Returning Officer. The number of votes secured by each candidate and the result of the election shall be announced by the Returning Officer as soon as the counting is over. 25. The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by the Returning Officer and shall also be notified immediately on the notice board of the Town Vending Committee. 26. In case of equal number of votes, the Returning Officer shall declare the election result by tossing coin. 27. The ballot paper shall be rejected by the Returning Officer if,- (i) it bears any mark by which the Street Vendor's vote can be identified, (ii) it does not bear the seal of the Town Vending Committee or the initials of the Returning Officer, (iii) the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been cast, and (iv) is so damaged or mutilated that its identity as a genuine ba_llot paper cannot be established. 28. After the result of election has been announced, the result of the election and a report thereon shall be communicated to .the Nodal Department or the Local Authority, as the case maybe, as well as to the State Government by the Returning Officer, within three days from the date of declaration of the result. Ex-676/2017 - 14 - 29. After the declaration of the result of the election, the Returning Officer shall handover the ballot paper and records relating to the election of the members of the Town Vending Committee to the To, Sir, Nodal Department or the Local Authority, as the case maybe, in a sealed cover. These shall safely be preserved by the Nodal Department or the Local Authority, as the case maybe, for a period of six months from the date of elections or ti 11 such time a dispute regarding elections, if any, filed is disposed of, whichever is later and shall thereafter be destroyed by the Nodal Department or the Local Authority, as the case maybe. A copy of the handing over and taking over record of election shall be sent to the Government as well as to the Nodal Department or the Local Authority, as the case maybe, by the Returning Officer along with his report. FORM I ( clause 9 of Schedule) NOMINATION FORM FOR ELECTION OF MEMBERS OF The Returning Officer Town Vending Committee I, ................................................ Wife/son/daughter of Shri ........................ , Street Vendor Vending in the area of jurisdiction of the Town Vending Committee, (Registration /Certificate of Vending No . ......................... ) here by propose the name of Shri/Smt/Ms ....... ,:.-··· :: ..................... . Town Vending Committee (Registration I Certificate of Vending No. . .......... : ........... )as a candidate for the post of Member of the said Committee for the election to be held on ................................... . Name and Signature of the proposer ......... ; ..................................... . Registration I Certificate of Vending No . ........................................................ . I, .................................................................................... , wife I son I daughter of Shri ....................................... Registration I Certificate of Vending No . ............................... . of ............................................ Town Vending Committee, hereby second the above proposal. Name and Signature of the seconder ............................................... . Registration I Ce1iificate of Vending No . ........................................................... . DECLARATION BY THE CANDIDATE I, ............................................ , wife I son I daughter of Shri .... : .............................. .. Registration I Certificate of Vending No ........................ of ...................................... Town Vending Committee, hereby agrees to my nomination for the election as Member of the ........................................ Town Vending Committee I further declare that - (i) I am not an employee of the said Town Vending Committee (ii) I am elegible to vote, and Ex-676/2017 (iii) I do not incur any disqualification for election as Member of the said Town Vending Committee under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending)Act, 2014 (Central Act 7 of 2014) and the Mizoram Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 201 7 made there under. Name and Signature of the Candidate ............................................. . Registration I Certificate of Vending No . .............................................................. . (FOR OFFICE USE ONLY) Received the nomination format .................................... (time and date) Signature of the Returning Officer ............................................................. . Seal ACKNOWLEDGEMENT Received the nomination form of ......................... presented by Shri I Smt I Ms ....................... : .. . candidate I proposer I seconder for election at ............................... a.m I p.m. on .................... . Signature of the Returning Officer. ................................................ . Seal FORM II ( clause 15 of Schedule) BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN. VENDING COMMITTEE Ballot paper of election of Members of a Town Vending Committee whose elections are to be conducted under Schedule I appended to the Mizoram Street Vendors(Protection of Livelihood and Regulation of Street Vending) Rules, 2017. The .............................. Street Vending Committee ....................................... (Address) (Counterfoil) Ballot paper for the Post of ............................................................. . Date of Election ........................................................................ . Sr. No ............................................. Registration I Certificate of Vending No. No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot paper. Please mark [ x] against one of the candidates Sr. No. Name of the candidate Registration/Certificate Of Vending No. Mark for casting vote Ex-676/2017 - 16 - FORM III (clause 16 of Schedule) Letter for Appointment of Election Agent I Counting Agent I, ................ ; ......................................................................... , son I wife I daughter of Shri .' ............................................ Street Vendor Vending in the area of jurisdiction of the Town Vending Committee, (Registration/Certificate of Vending No .................................. ) contesting for election of Member of the said Committee, hereby nominate the following person as my election agent I counting agent in the Election of Members of the said Town Vending Committee to be held on ......................... (specify the date):- Name and Signature of the Candidate .............................................. . Registration I Certificate of Vending No . ........................................................................... .. I , ........................................... , Son/wife/daughter of Shri ...................................... . address ........................................................... am willing to be the election agent I counting agent. FORM IV [See rule 19] Signature of the Agent · APPLICATION BY THE AGGRIEVED STREET VENDOR TO THE .GRIEVANCE REDRESSAL COMMITTEE Application No. . ................... of 20 ...... . . .. . . . . . . . .. . . . . . . . . . . . . .. .. .. . . .. . . . . . . . . .. . Applicant 1. Name of applicant 2. Address for correspondence V s 3. ID number given by Local Authority (if issued) 4. Number and date of issue of certificate for Vending 5. Place or location ofVending 6. Zone or Ward of Vending 7. Nature of Vending: 1. Mobile 11. Stationary iii. Any other (specify) 8. Grievance against which authority Respondent 9. Details of grievance or dispute (Give ful] details) : _______________ _ 10. Documents supporting grievance or dispute 11. Declaration: - 17 - Ex-676/2017 I, .............................................................. , the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and file this application within the time limit prescribed in the rules. Place: Date: Signature ofapplicant Note: Attach all the relevant documents with this application. If required, to give full details of gn'evance or dispute on the separate pages to be attached with this application. FORM V [Sec rule 22] APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE TOWN VENDING COMMITTEE Appeal No. . ............ of 20 ....... . . . . . . . . . . .. . . . . .. . . . . . . . ... . . . .. . .. Appellant V s Respondent 1. Name of applicant 2. Address for correspondence 3. ID number given by Local Authority (if issued) 4. Number and the date of issue of certificate for Vending 5. Place or location ofVending 6. Zone or Ward of Vending 7. Nature of Vending: (i) Mobile (ii) Stationary (iii) Any other (specify) 8. Order of Town Vending Committee against which this appeal is preferred (i) Rejection of Certificate of Vending (iii) Cancellation of Certificate of Vending 9. Details and grounds of Appeal (give full details) 10. Documents supp01iingAppeal . 11. Declaration: I, .................................................................. , the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this appeals within the time limit prescribed in the rules. Place: Date: Signature of appellant Note: Attach all the relevant documents 1i1cludi11g order ofTown Vendii1g Committee with this appeal. ff required, to give full reasonti1g of appeal on the separate pages to be attached with this appeal. Ex-676/2017 - 18 - FORM VI [See rule 23] APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LO CAL AU THORITY AG AINST DECISION OF THE GRIEVANCE REDRESSAL CO MMITTEE Appeal No. . ................. of 20 ..... . . . . . . . .. . . .. ... . . . .. . .......... ... . Appellant Vs Name of applicant Address for coITespondence ID number given by Local Authority (if issued) Number and date of issue of certificate for Vending Place or location ofVending Zone or Ward of Vending Nature of Vending : (i) Mobile (ii) Stationary (iii) Any other (specify) Respondent Decision of Grievance Redressal Committee against which appeal is preferred: Details and grounds of Appeal (give full details): Documents supporting Appeal: Declaration I, ............................................................ , the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this appeal within the time limit prescribed in the rules. Place: Date: Signature of appellant Note.Attach all the relevant documents 1ncludj11g order of G1ieva11ce Redressal Commjttee w1'th tl11's appeal. Jfreqwre� to give full reasomng of appeal 011 the separate pages to be attached with the appeal. FORM VII [See rule 26] DETAILS IN THE PERIO DICAL RETURNS TO BE FURNISHED TO THE STATE ................................. [Municipal Corporation or Municipality or Local Authority] hereby submit the following details in the periodical return for Quarter ending .................. [March or June or September or December], 20 ..... . (1) Details of certificate issued, rejected, suspended and cancelled during the quarter. - 19 - Ex-676/2017 Details Applications Accepted Rejected Renewed Suspended Cancelled or Issued Pending at the beginning of the quarter Newly received Total Cleared during the quarter Pending at the end of the quarter Number of newly surveyed Street Vendors and their complete details including name of street vender, address, place of Vending, type of Vending, etc. Number of meetings of the Town Vending Committee held. Details of newly Vending area earmarked, if any, with its holding capacity. Details of social audit done, if any. Details of promotional measures taken for availability of credit, insurance and other welfare schemes of social security for Street Vendors. Any other information, as directed by the State Government from time to time< . Secretary to the Government of Mizoram, . Urban Development & Poverty Alleviation Deptt. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50