Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019

2166 DG /2019 (1) GOVERNMENT OF INDIA EXTRAORDINARY PUBLISHED BY AUTHORITY No. 74] DELHI, TUESDAY, APRIL 16, 2019/CHAITRA 26, 1941 [N.C.T.D. No. 18 GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI Ldhe 2 DELHI GAZETTE : EXTRAORDINARY PART IV] v/;k; & 1 [PART IV DELHI GAZETTE : EXTRAORDINARY 3 4 DELHI GAZETTE : EXTRAORDINARY PART IV] v/;k; & 2 [PART IV DELHI GAZETTE : EXTRAORDINARY 5 6 DELHI GAZETTE : EXTRAORDINARY PART IV] gSA v/;k;&3 [PART IV DELHI GAZETTE : EXTRAORDINARY 7 v/;k; &4 d 3000 1200 500 1500 [k 2500 900 400 1000 x 1500 500 400 750 ?k 1000 400 350 650 ³ 300 300 200 400 p 250 250 150 300 N 200 200 100 300 t 150 150 50 150 8 DELHI GAZETTE : EXTRAORDINARY PART IV] gSA v/;k; 5 [PART IV DELHI GAZETTE : EXTRAORDINARY 9 v/;k;&6 10 DELHI GAZETTE : EXTRAORDINARY PART IV] [PART IV DELHI GAZETTE : EXTRAORDINARY 11 12 DELHI GAZETTE : EXTRAORDINARY PART IV] v/;k;&7 [PART IV DELHI GAZETTE : EXTRAORDINARY 13 14 DELHI GAZETTE : EXTRAORDINARY PART IV] v/;k;&8 tek ugha djuk pkfg,A [PART IV DELHI GAZETTE : EXTRAORDINARY 15 tek ugha djuk pkfg,A 16 DELHI GAZETTE : EXTRAORDINARY PART IV] [PART IV DELHI GAZETTE : EXTRAORDINARY 17 v/;k;&9 v/;k;&10 v/;k;&11 18 DELHI GAZETTE : EXTRAORDINARY PART IV] (See1.1.4) 2- fyax iq:"k@efgyk@vU; 3- vk;q 7- irk • vkoklh; [PART IV DELHI GAZETTE : EXTRAORDINARY 19 20 DELHI GAZETTE : EXTRAORDINARY PART IV] gS\ uke% [PART IV DELHI GAZETTE : EXTRAORDINARY 21 losZ{k.k fnukad &&&&&&&&&&&&&&&&&&& 22 DELHI GAZETTE : EXTRAORDINARY PART IV] dk;kZy; eksgj [PART IV DELHI GAZETTE : EXTRAORDINARY 23 eksckby uacj eksgj (i) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& (ii) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& [PART IV DELHI GAZETTE : EXTRAORDINARY 25 (iii) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& (iv) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& (v) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& (vi) &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& 26 DELHI GAZETTE : EXTRAORDINARY PART IV] URBAN DEVELOPMENT DEPARTMENT NOTIFICATION Delhi, the 15th April, 2019 No. F. 13(244)/UD/MB/SVS-18/2018/214.—In exercise of the powers conferred by Section 38 read with sub - clause (ii) of clause (a) of sub - section (1) of section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014) and in supersession to the scheme notified vide No. F. No. 13(4)2011/UD/MB/2014/6988 dated 07 January, 2016 except as respects things done or omitted to be done before such supersession, the Government of National Capital Territory of Delhi hereby makes the following scheme, namely:— SCHEME 1. PRELIMINARY: I. This scheme shall be called the Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019. II. The provisions of this scheme shall come into force from the date of its publication in the Delhi Gazette. III. The meaning and interpretations of street vendors, vending zone, scheme for street vendors, Town Vending Committee (TVC) and its function and other related matters shall be as per the Street Vendors (Protection of Livelihood And Regulation of Street Vending) Act, 2014 and the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017. IV. The objective of this scheme is to provide and to promote a supportive environment for street vendors to carry out their vocation in accordance with the Act and Rules. V. The street vendor scheme may be amended by the Government as and when the need arises after due consultations with the Local Bodies and the Town Vending Committee (TVC). CHAPTER 1 1.1 The manner of conducting survey of Street Vendors: (1.1.1) The Town Vending Committee (TVC) shall, with the assistance of the Government/local bodies, conduct and conclude a comprehensive digitized photo census /survey of all vendors and GIS mapping of all existing street vendors within the area under its jurisdiction within a period of three months from the date of order by TVC, and subsequent surveys shall be carried out after every three years. No existing vendors may be relocated or evicted until the completion of survey activities described below. (1.1.2) The TVC shall conduct, monitor, supervise the survey and carry it out by undertaking comprehensive digitized photo-biometric census, GPS/GIS mapping of the existing stationary and other vendors with the assistance of local bodies /professional organizations/experts/ NGOs. At least 60% of elected TVC representatives must be present at the time of survey and the TVC shall designate Lead Surveyors responsible for the completion of digital data collection from each surveyed person. (1.1.3) The TVC may engage an agency through an open transparent process of selection to assist in the survey of street vendors and may also utilize alternative methods of data gathering through community participation or with the support of NGOs /RWA /MTAs. (1.1.4) The survey teams will collect primary data via the registration form, viz: name of the street vendor, gender, age, date of birth place of birth nature of trade/vending, mode of vending, hours of vending, nature of storage of goods, parentage, spouse names, dependent children, place of vending, period since vending based on justifiable documentary evidence, address (present and permanent), contact number of the existing vendors, special status of vendor as person with disability or women, proof of vending including Court orders if any, identity proof (if any ), application forms for remaining data. The survey teams will also collect all digital data at the time of survey, namely, GIS coordinates and boundaries of primary vending location, facial recognition signature, biometric scan of iris, fingerprints, etc. The Local Body must collect data in a form that conforms to “ Annexure-A" (1.1.5) The survey form/application for registration shall conform with the sample provided in Section A of “Annexure A” attached and will be computer generated with Unique Record ID (URI) number. The URI number shall be mentioned in the Acknowledgment Receipt to be issued on the spot at the time of data [PART IV DELHI GAZETTE : EXTRAORDINARY 27 collection, also in conformance with Section C of “Annexure A”. The survey application form/registration may be done by the team/experts members nominated by TVC etc. at site during the survey. During the survey, the survey form shall be filled by the officials on the site/spot taking therein the details and necessary documents. (1.1.6) The Government may, with the relevant data available with it, verify the validity of the survey data thus obtained by the TVCs. (1.1.7) The data gathered transparently under the survey will be digitized using latest technologies including smart phones/ tablets, GPS and cloud-based services. Digital data including GIS coordinates; photographs/ videography, biometrics etc will be uploaded to a central digital location in real time. Physical survey forms/application forms used shall be digitized, that is, be issued with Unique Record ID (URI) numbers and barcodes, and digitally scanned by surveyors to a central, secure digital location. The Acknowledgement Receipt given to surveyed persons at time of survey shall include the unique record number or barcode that shall allow surveyed persons to access their digital records as long as is necessary. (1.1.8) No surveyed person may be denied an Acknowledgement Receipt either if they fulfill the conditions of eligibility prescribed under Sec. 2.1.1 and have been observed vending, or if they possess evidence of being genuinely recently engaged in street vending under Sec. 1.1.12 (1.1.9) The Lead Surveyors responsible for data collection shall on the spot issue an acknowledgement bearing URI and Barcode for reference purpose. The surveyed vendor’s signature and thumb impression will be obtained. (1.1.10) The service fee for data collection and generation of an Acknowledgment Receipt shall be set by the Local Body at no more than Rs. 20. (1.1.11) Local Body TVC shall also designate a Facilitator or Facilitation Service Provider from among its members, NGOs, vendor associations or other agencies nominated by the TVC, to provide assistance to the street vendors to complete the registration form. (1.1.12) Surveyed persons shall provide evidence of being genuinely engaged in street vending, such as Festival Receipts, Tokens, Challan(s), Traffic Police Challan(s) / Police Challan or any Receipt of Fine or Fees, or Certificates issued by Local Authorities, or any documents that are attested by the relevant RWA or Market Association as conferring such rights. (1.1.13) Surveyed persons shall be primarily responsible for the veracity of information provided. Except in cases of errors of data entry or collection, any information found by the TVC to be intentionally false, incorrect or misleading shall constitute a cause for non-issuance or cancellation of a Certificate of Vending. (1.1.14) The Lead Surveyor shall issue on the spot an Acknowledgement Receipt bearing Unique Record ID (URI) and Barcode for reference, as well as the address of a website where collected details can be accessed. In case of incomplete records, the Acknowledgement Receipt will be issued along with printed details of the date(s), location and procedure for updation/completion of records. (1.1.15) Data collection from the field shall be completed no later than 180 days of declaration of survey by the TVC. Completed records shall be made available online against the URI within 7 days of data collection. A review period of 21 days from the date of the end of field surveys shall be available to all surveyed persons to submit complete records for scrutiny before the TVC, or to correct any errors in the manner prescribed on the Acknowledgement Receipt. (1.1.16) At the end of the review period, the TVC in consultation with the Local Body will analyze completed applications and compile a list of surveyed persons who will receive a Certificate of Vending, based on terms outlined in Chapter 2 and 8, no later than 30 days from the end of the review period. The list of recipients of a Certificate of Vending shall be published in compliance with Chapter 3 of this Scheme. The terms and conditions subject to which the COV may be issued or denied are laid out in Chapter 2 of this scheme. (1.1.17) Surveyed persons denied a Certificate of Vending shall be notified via post to their correspondence address, as well as through the web portal where completed survey records have been made available against the URI of the Acknowledgement Receipt. Notifications sent shall include the specific reasons for denial. Both those denied a Certificate of Vending and those wishing to update their records shall be provided written details on remedies available, including the dates, times and locations where the TVC will hear applications for corrections to records, objections and other claims. 28 DELHI GAZETTE : EXTRAORDINARY PART IV] (1.1.18) Any person, having any claim/objection to the street-vending application received or information provided by any applicant may file his/her claim/objection to the TVC within fifteen days of the date of publication on the official website of the Local Body. The Government and Local Body may also through their officer/ staff. or through any other means, verify the details given by the Vendor in the application submitted by him. The TVC shall take a decision in the matter within a period of 30 days after receipt of objection/claim or receipt of any adverse information from the Government/Local Body. (1.1.19) Neither the TVC nor the Local Body may charge a fee to hear objections to erroneous records or other objections to the Survey or Denial of Provisional Registration or Certificate of Vending. (1.1.20) The issue of an Acknowledgement Receipt of surveying of a street vendor shall not confer upon them any right to vend or squat. The permission/certificate to squat/vend will be decided by the TVC in consultancy with the local body as described in Section 1.1.16. (1.1.21) The TVC shall establish an application process for any vendor who seeks to have their trade recognized between two consecutive surveys, consistent with the process of verification described above, and publish the same on the website and outside the office of the TVC and Local Body. 1.2 The period within which certificate of vending (COV) shall be issued to the street vendors identified under the survey: (1.2.1) The Certificate of Vending (COV) will be issued within 30 days of the end of the review period, that is, no later than 5 months from the initial declaration of survey by TVC. CHAPTER 2 (2.1) The terms and conditions subject to which a Certificate of Vending (COV) shall be issued to a street vendor including to those persons who wish to carry on street vending during the intervening period of two surveys: (2.1.1) The eligibility conditions for registration as street vendors and subsequent issuance of Certificate of Vending are as under: - a) The Vendor should be a citizen of India, qualifies the minimum age criteria as prescribed in the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. b) The vendor must be a registered voter of National Capital Territory of Delhi. If the vendor's age is below 18 years, the vendor must provide acceptable evidence as a Resident of Delhi. c) The Vendor should not have been granted a permanent or long-term Certificate of Vending (COV) by any other Local Body of Delhi including temporary, weekly bazaar and festival vending. Family members of surveyed persons should not should not have been granted certificate of vending (COV) including temporary, weekly bazaar and festival vending. Family of the vendor shall constitute the vendor’s spouse and dependent children. The local bodies shall share the data of the vendors for authentication of above information (2.1.2) A Certificate of Vending will be issued subject to fulfillment of conditions mentioned in Chapter 1 and Section 2.1.1 above. (2.1.3) A COV shall be issued in the name of the registered street vendor (individual only) and shall be non transferable- except in the case of incapacity, insanity or demise of the registered vendor. (2.1.4) The vendor must comply with the vending hours and zones that shall be determined by the TVC and the Local Body. (2.1.5) The vendor shall not erect any temporary/permanent structures/construction of any kind at the site of vending. The vendor shall keep all wares confined to allocated space. No projections , extensions shall be protrude from the site of vending . However, vendors may use structures for weather protection including umbrellas /frames which are not permanently fastened to the ground or wall. (2.1.6) The registered street vendor shall furnish an undertaking to the effect that - a. The vendor shall carry on the business of street vending himself or through spouse or dependent children only; b. The vendor has no other means of livelihood; [PART IV DELHI GAZETTE : EXTRAORDINARY 29 c. The vendor shall not transfer in any manner, whatsoever , including rent /lease the COV or the place specified therein to any other person; d. The vendor does not currently carry a communicable disease, or if a carrier of a communicable disease, provide a certification from a competent medical authority that treatment for the same is underway , and the expected completion date of treatment e. The vendor shall maintain cleanliness and public hygiene at the vending site/zones and adjoining area; f. The vendor shall pay periodic charges for the civic amenities and facilities provided in the vending zone as determined by Local Body in consultation with TVC or the Government from time to time ; and g. The vendor shall not carry out any vending in non-vending zones or beyond permissible days and timings as announced by the Local Body in consultation with the TVC (2.1.7) The Registered Vendor who has been issued COV shall be required to pay a monthly vending fee under this scheme as mentioned at Section 4.1 which may be further enhanced by the TVC in consultation with the Local Body from time to time, pursuant to the processes outlined in therein. (2.1.8) Vendors may be liable for additional fees as may be approved by the TVC in consultation with the Local Body, in the manner prescribed and subject to the restrictions prescribed in Section 4.2. (2.1.9) A vendor shall not transfer in any manner whatsoever, including sell or rent or lend, the certificate of vending to any other person. The vendor shall not sublet the vending site assigned. (2.1.10) The vendor shall, in case of incapacity of the vendor due to health or other reasons, satisfy the TVC with an intimation within 30 days to permit an adult family member (spouse or dependent child who has attained an age as prescribed in the provisions of the Street Vendors (Protection of Livelihood And Regulation of Street Vending) Act, 2014 of the Vendors household), to vend from the vending site listed in the COV. (2.1.11) The right to restrict, evict and relocate a vendor with a COV shall vest with the TVC. The vendor shall comply with the actions taken in accordance with processes outline in Chapter 6. (2.1.12) The Vendor shall keep prominently display a copy of COV at the vending site and the original document shall be produced before the TVC when so requested. (2.1.13) The Vendor shall keep the place of vending and 1 meter in all accessible directions clean. The vendor shall keep and deploy waste bin next to his place of vending for the purpose of collection of any waste generated from vending, to be cleared daily by the Local Authority directly or by designating a waste pickup zone cleared daily no more than 500m from the place of vending. (2.1.14) Vendor shall not dump any waste in drain, roadside, open areas or any other unauthorized place. (2.1.15) The vendor shall not encroach upon non-hawking zones or exceed beyond permissible vending areas as delineated in the process defined in Section 8.4. The space for vending shall be compliant with the restrictions outlined in Section 8.5. (2.1.16) The Vendor shall make all reasonable efforts not to hamper the free movement of pedestrian and traffic in any way. Vendor shall operate from the edge of the road/ street (if vending from a street) and shall not cause any obstruction to smooth movement of traffic or pedestrians or non-motorized vehicles. The vendor shall clearly display a ‘No Parking’ sign if customers are found to park in unauthorized zones near the place of vending. (2.1.17) The vendor shall not sell obnoxious, hazardous and polluting items. It is to be ensured that the quality of product and services provided to the public is as per the standards of public health, hygiene and safety laid down. (2.1.18) The street vendor shall not carry out any unauthorized/ illegal activity (2.1.19) The vendor shall not occupy or stop at any place that is prohibited for street vending. Mobile vendor shall not stop for a period of more than 30 minutes, or another time limit as may be decided by the TVC, at any place within hawking zone/vending zone. The vendor shall not stop or vend in the non-vending zone 30 DELHI GAZETTE : EXTRAORDINARY PART IV] (2.1.20) The vendors shall not block the footpath or carryout vending on roads. Walkway on footpaths should be maintained in front of the vending counters/stalls. (2.1.21) A certified vendor shall act in accordance with the terms and conditions set out above. A Vendor will only be said to be in violation of these terms once the TVC has scrutinized the evidence placed before it and passed a written notice on the extent of fines, or suspension or cancellation of the COV, in the manner prescribed in Section 5.1. (2.1.22) COV may also be cancelled or suspended on the basis of violations specified in Section 5.1. CHAPTER - 3 3.1 The form and the manner in which the certificate of vending may be issued to a street vendor: (3.1.1) Allotment of the COV shall be announced by the Local Body on the notice boards of the relevant TVC and the Local Body, in addition to publication on the website of the Local Body on the same date as per Annexure ‘B’ (3.1.2) The COV shall be dispatched to the Vendor through Registered Post/Speed Post to the correspondence address declared by him /her in the application. All COV holders shall be provided access to a website where an electronic copy of the COV shall be available at all times. 3.2 The form and manner of issuing identity cards to street vendors: (3.2.1) The eligible persons who have been issued the Certificate of Vending (COV) shall be issued identity card or similar biometric-smart card having Unique ID, Barcode, Date of registration, Vendor Name, Address, category of Vendor, Photograph of vendor, Nature of Business, Days/Hours of Vending, nominee’s name, vending location etc. as per Annexure "C". (3.2.2) Loss/damage of identity card / biometric smart cards shall be reported by the vendor to the TVC within a period of thirty days . The Vendor shall make a application for issue of duplicate identity card /smart card to the TVC with a fee of Rs. 200/- and a duplicate Identity Card/ smart card shall be issued to the Vendor within a period of thirty days from the receipt of the date of application. Same conditions shall be applied in the eventuality of Identity Card being damaged. The loss of identity card should be reported to the Local Police. The damaged identity card shall be deposited to the Local Authority along with the application for issue of duplicate. (3.2.3) A database of all street vendors registered will be maintained by Local Bodies and accessible to the TVCs, which can help in verifying the particulars of a street vendor from database of other local bodies for detecting any duplications of claims of vending and if already covered under any beneficiary 3.3 The criteria for issuing certificate of vending to street vendors (3.3.1) The certificate of vending shall be issued to a registered street vendor in compliance with Section (3.3.2) The allotment of vending space shall be subject to demarcation of vending zones pursuant to Section 8.5, available vacancies on time-sharing basis and holding capacity. (3.3.3) In case the number of applicants exceeds the available number of vending spaces determined, or exceeds 2.5% of the total population, the allotment will be made by seniority, that is, based on descending order of duration of vending activities at the current site, subject to categorical reservations described in Section 6.2. For a single vending site, allotment amongst the registered street vendors shall be made by draw of lots in case of oversubscription. (3.3.4) The preference shall be given to Persons with Disability and Women in accordance with Section 6.2. (3.3.5) The vendors who could not be issued COV as per their first choice shall be accommodated, subject to availability, from a list of locations ranked in order of vendor preference, to avoid non- issuance altogether. (3.3.6) Not more than one member of a family (consisting of spouse and dependent children) be given a Certificate of Vending. (3.3.7) The area/street where temporary vending is to take place will be notified by the TVC as outlined in Chapter 8. [PART IV DELHI GAZETTE : EXTRAORDINARY 31 (3.3.8) Categorization, demarcation and holding capacity of vending zones shall be decided by the Local Body in consultation with the TVC as outlined in Chapter 8. (3.3.9) A Certificate of Vending will be subject to limited renewal in accordance with Chapter 4. (3.3.10) The Local Body shall maintain an updated waiting list for oversubscribed vending zones for consideration in case of future availability of holding capacity. Such a waiting list shall be made available to applicants online. CHAPTER - 4 4.1 The vending fees to be paid on the basis of category of street vending, which may be different for different zones: (4.1.1) The vendor shall pay the vending fee on monthly basis and shall submit the vending fee, in advance, by 10th of every month at the Community Service Bureau Counter of the respective zone/area. And if 10th day of the month is a Public Holiday then by the next working day. (4.1.2) Penalty will be charged @1% simple interest of the monthly vending fee, charged fortnightly on the 15th and last day of the month . If nonpayment continues for more than 6 months, the Certificate of Vending of street vendors shall be liable to be suspended or cancelled by the local body, as outlined in 5.1. (4.1.3) The TVC may categorise the vending space in a vending area/zone as per the classification of property tax and fix the monthly vending fee as below:- Category Vending Fee (Rupees per month) Static Vendor Mobile Vendor Other Vendor Mobile Vendor and Weekly market Vendor Peripatetic Vendor Temporary Vendor (Festival/ Mela Occasions) A 3000 1200 500 1500 B 2500 900 400 1000 C 1500 500 400 750 D 1000 400 350 650 E 300 300 200 400 F 250 250 150 300 G 200 200 100 300 H 150 150 50 150 (4.1.4) The vendor operating in different Categories of colony/area shall have to pay the fee as per the category defined by the Local Body in consultation with the TVC. (4.1.5) In case of relocation, the street vendor shall not be liable for the license fee of new site/space as per its category of colony for the first three months. The vendor will be liable for fees from the fourth month and thereafter for the remaining period of validity of COV. (4.1.6) The TVC shall have powers to enhance the vending fee from time to time; or prescribe special vending fee for special areas which shall be notified after prior approval of the Government. In case of upper 32 DELHI GAZETTE : EXTRAORDINARY PART IV] limit of the category fixed in 4.1.3 of the vendor is to be enhanced, the prior approval of the Government is required. (4.1.7) A rebate of 50% shall be allowed in case of vendors with Disabilities and Widow Women Vendors. A rebate of 25% shall be allowed in case of Women Vendors. (4.1.8) Recovery of arrears of vending fee: In case a street ven