Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2018

l '-Si Government of Kerala Regn. No. KERBIL/2012/45073 dated 5-9-2012 with RN!_ Reg. No. KL/TV(N)/634120 l 5-17 KERALA GAZETTE EXTRAORDINARY Vol. VII - PUBLISI-JED BY AUTHORITY Thiruvananthapurain, Wednesday 2018 111::ic3� 14 14th March 2018 30th Kumbham 1193 GOVERNMENT OF KERALA No.· Dated, Thiruvananthapuram, 12th !-{arch, 2018 S. R. 0. No. 148/2018.-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.7 of)Ol4), the Gov�rru:nent of Kerala hereby make the following rules, namely::_ PRINTED AND PUBLISHED BY THE SUPER! TENDENT OF_ GOVERNMENT PRESSES AT THE_ GOVERNMENT CENTRAL PRESS. THIR_UVANANTHAPURAM. 2018. 33/964/20181'.S-l 5. CHAPTER l PRELIMINARY' . . -These �ules may be called the '5h ort title and commencement. .. . of Livelihood and Regulation of Street . (erala Street. Vendors (Protection /ending) Rules,. 2018. . (2) They shal� �ome into force at once. equires,- ( ) "Act" means .the Street. enc . a . d' ) A;t· 2014 (Central Act 7 of 2014); nd Regulation of Street Ven mg ' · c rm appended to these rules; . " . . the G.ovemmei1t of Kerala; e�tion 20 of the Act; (e) "Secretary" .means the ecre ary . . . " c·"11� tl1 . 'I own YComm it tee ir1 ,., " .. ·d ·b the Governm n ling t;. f the Kerala Mu111c1pa ity ·3. Age o_(the stree(vendor. I t 1, !' I, 1.- )pdor license, 1. · 1,11 treet CHAPTER 2 TOWN VENDING COMMITTEE 4. Constituti6;1 of Town Vending Committee.-(!) A Town Vending Committee. shall be constituted in each ·1ocal author(ty by the· Government. (2) a'ch Town Vending Committee shall consist of the followingmember, n;:imely:- · · (a) the Secretary who shall be the exojficio chairperson of theTown Vi nding Committee; Police; (b) two members of th,e local authority; ,· ( c) Health Officer of the local authority� . ( d) District· Collector or his representative; ( e) .. District Town Planner; (f). Chief of Traffic Police of the city; (g) nine representatives of Street Vendors; (Ji) . one Police official nominated by the Director: General of · (i) one. representative from the Street Vendors Association$; (j) one representative from the Market Associations; (k) (l) one repre.sentative from the Traders Associations; Organ i ati ns; ne representative from .the Non-Governmental (1n) two :i:epresentative from the Community basedOrgani ati n ; (n n representative from the Residents ),Velfare Associations; · Mu.nicipal/Corporatio1i Engineer of the local authority; ii n representative of the nationalized Lead· Bank in the town/ I t '<.l. d that one _third of the members representing the street. linl l be fr�m amongst. women vendors: · . .I I '' Provided further that due representation shall be given to the · Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and persons with disabilities from ari1ongst the members representing street vendors. 5. Election of Street Vendors as· the member of Town Vending Committee.-(1) The local autMrity shall, by a notification published in the · Official Gazett�. express its intention to conduct election of the members of a Town Vending Committee representing the street ve11dors of the area under the jurisdiction of that local authority. (2) The .local authority concerned shall appoint a returning officer for conducting the election of mem_bers of the Town Vending Committee . representing the street vendor� of the area under its junsdiction. 6. Manrier of ele.ction of the member of Town · Vending Commiitee from amongst .the street vendors.-(1) The returning officer appointed under sub-rule (2) of rule 5 shall, con<;luct the elections of the me mqers of the Town Vending Committee representing ·the street vendors. (2) The local authority concerned shall. supervise, direct a�d control the conduct- of 'elections of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction. (3) As soon as the notification expressing the intention of the local authority to conduct elections for members of a Town. Ven.din� Committee representing the street vendors has been issued under sub-rule (i) of rule 5. and a returning officer has been appoi1;ted for conducting the elections under sub-rule (2) thereof, the local authority, shall, by a resolution, determirie the date, time and place for ·conduct of eiec1ions. .(4) (A) The notice 6{the resolution of the local authority shall be cir�ulated among the street vendors engaged in the \location 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· pu�lished in two prominent daily newspapers having wide circulation jn the a'rea; (b) by local delivery; ( c )_ by post under certificate of posting; or . , ( d) by speed post or couri6r service b ard of the returning officer. . . s, as well as on the notice reserved for representatives of S. h : e ;ted, mcludmg seats d1sabtlities, minorities or a th . ' �omen, persons with. .. . .. ny o er specified categories, if any;(11) the . date on which the lace between which nominaf ' P at which and the hours be I I ion papers shall be filed and such dat mg �ot ess. than seven clear da . b £ e election or if that d h ys e ore the date fixed for .ay appens to be a publ" h l"d next succeeding day' whi h. . . c · ts not a pubhc holiday; · · f!:xpla�1atzon:-The term "public holida " .1 publ1 holiday under section 25 of the y . means any day wh1<:h is a ( entral Act XXVI of 1881) Nego�1able Instruments Act, 1881. or any day which h b · · - overnmen1 to be a pub!' h l"d as een notified by the · � /. . tc o I ay for offices under the Governm t·. (iii) ;:;e�:'. e �:�d ,the .hour for scrutiny of the nom�:a;ion (iv) the date, pla:ce and hours �f polling. . . ( ) The local authority shall re . . pare a hst of street vendors 'J' s reet vendmg m the a f . . . . · wn Vi·o fin ,. ommittee . .t . · d · . rea o Junsdiction of the . .. . . . . as 1 stoo on thirty d b £ . · .I t 111v1t111 l'he nominations and bl" h · . . ays e ore the date fixea . ica e o vending and the I or, e name of the father ] b 11111 J1' J11d the address of th .· . or ms and, as the case ..'I' . e street vendor It sh 11 b I •)Wn V ·ndin ,· mrnittee. th. · .. · a e t 1e duty of the I · . or e ocal authont · h · · I\ 1111 • i11H -date register f t . . . Y, as t e case may be to o s reet vendors and h 1 . . , . . . sue . ot ier register as the . '. I · returning officer may require and hand over such records or regi.sters to the returning offker thirty days prior to the date fixed for the purpose of election. A copy of th·e list shall be supplied by the Town Vending. . Committee or the local authority or returning officer, as the case may be, to im.y street vendor on payment of such ·fee as specified by the local authority. (6) The nomi_nations of the candidates for election shall be ni.ade in Form-I which shall be supplied by the returning officer to any street vendor, free of cost. (7) A Street Vendor shal.l be disqualified from coritesting the election to a Town Vending Coi11mittee, if he is:- - (i) convicted of an offence involving moral turpitude; or (ii) more than two FIR ha.ve been filed against the street vendor, for an offence involving moral turpitude. · (8) The candidate shall make a security deposit of .t 1,000 (Rupees one thousand only) in cash or demand draft or pay order along ' �ith the nomination paper. If a candidate fails to get less than one-sixth of the votes polled, the security depo it hall be forfeited to the local authont)'. (9) Every nomination paper shall be presented in person by the candidate himself or by his proposer or . econder to the returning_ officer. The returning officer shall enter on the i10mination paper, its serial number and certify the date and hour at which the nomination is received by him . . . I , and shall immediately give a written acknowJedgement. for the receipt- of the nomination paper which shall bear the eal of the Town Vending Committee/returning officer.· Any nomination paper which is- not receive on or before the date and time fixed for it: • r ceipt shall be rejected, (10) (a) On the day following the date fixed for the receipt o nomiriati_on papers, the returning officer shall take up the scrutiny of th nomination papers; r 111d dl·t·,•,1· 1 · xamme the · · �ections if any wh . h . nommation paper� 11 1 11on1rnation and may e'th · · e Y any person in . , I er on such objection or - -h· ·1 c . I sue 1 summary in . . , . on Isf ·;(-�, 1hl11h1 Jt.. ary re· t . qmry, If any, as the return· ' Jee any such nomination· · mg f . . . . . i,n iii ,,,- und of an incorrect d escnpt10n of his name or, the 'namt·1111d d1i1 o,· hi propciser , or any other particulars, relating to tI1 I , . . or seconder a . . e ,11 .,1' ,, l"rr d to . b , e I entity of the cand d . . - n er, as the case . b . . I ate, the ,rn !1111 ,1,1. d 1lbt. . . may e, is estabJ.ished beyond t)n I 'l111g candidates or the r a give all reasonable facilities tc .'11\ 10 --. '.aini.ne all the nom· f p oposer or seconder, as the case 'ill ii1 •I i , f . ma ion papers and to f fy es mg candidate is valid. . all en �orse on each nominationIf th nonunation paper is . J d g the same, as the case may be SI at . · the . . (�) 1l1e returning officer shaH not 1. p, eedmgs except whe . h . . a .low any adJoumment ofb I· · · n sue proc d · · ., ucted by nots or affi . b ee Ill gs are rn terrup ted .ray or y causes b d 1 . o.1 ' (11) Th . . . eyon us control.. . . . . . . e list of valid nominati . . . . �(j .e, w1th names of the candidates ons a_s dec1�ed by the returningW1l11 thc11· addresses as given in th arra1�ge� 111 Enghsh alphabetical orderr I ubli hed on the same day e �mmat10n papers shall be displayed pnp ·r ; mple'ted. on w ich the scn,.tiny of the nomination ' I 2) .Any candidate m · h . . person to the Returning oc.c:: . nonunat1011 pape1� but before 5 1\ . . · · · e ay on which the v I'd ·· . ·. ·_ a i. nonnnations are published·· · can I ates once · 1 · . · ·, given s 1all be irrevocable. . (13) If the number of candidates, whose nomination papers have been declared valid, does not exceed the .number of members to be elected, the returning officer shall an�unce the names of all such· candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed in sub-rule ( 12). If the number of candidates whose nominations are valid exceeds the number of members to be elec:ted; the returning officer shall afaµ.ge for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more poiling officers as inay be necessary fo� co.nducting the poll. The ballot paper to be used in the poBshall be in Form-2., (14) The local authority shall· provide the returning officer with ·ballot boxes, ballot papers, copy of list of street vendors/voters and. such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed t.hat ballot papers: can· be inserted therein but c.annot be taken out therefrom without the boxes being .unlocked. A ca·ndidate contesting the. election may, by a letter to the returning officer, appoint an agent to represent him, to identify the voters during polling and to watch the recording of votes. Such letter sliall be in Foqn-3 and shal.l contain the consent in writii1g of the. agent concerned. (15) Canvassing for votes by any person in or near the pollip.g stations/polling booth shall be prohibited.· (16) Imniediately before the commencement of the poll, t,he 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 fix his seal. . I The candidate or his agent may also affix his. own seal, if he so desires. (17) Every street vendor/vo.ter who desires to exercise his right .to vote shall be supplied with a ballot paper Ln Fom1-2 containing the names of .contesting candidate$ arranged in the English alphabetical order, which shall be either printed, type written oi: cyclostyled, according to convenience. The ballot paper_ shall also bear the seal of the Town Vending Committee and .the initials of the returning officer. The ballot paper shall contain a column for the voter ·to inscribe a mark X against·. the names of persons to whom he wants. to vot�. f . d. date or his agent at the time o c But absence o any can � of results. by the returning officer. vitiate counting and announcement I. d·dat·e and the result 'of the f . red by eac 1 can 1 · · d by the returning officer as soon as the elections shall be announce . . . . I ·counting 1s over. . . · · · . l ll I be recorded m the (23) The result of th.e elect10ns s 13. a so . . ... b k f the Town Vending Committee and aUested by the mmutes oo O . ct'· 1 . th notice board. fficer and shall ,also be notified um1.1e iate y on. e , . returmng o 1 . . � of the Town Vending Committee. · · officer shall. {24) -In.case of equality: of _votes, the returnrng , declare the elehion result by draw ot Jot . . . . (25 ) The ballot .pap�r shall be rejected as invalid, during countmg, by the returning officer, if,- . , b.e identified; . al. of the Town Veriding Committee (ii) it does not bear the or the initials of the retun\ing officer; · ·. · . tl · . 1 is placed· in such a ( .. ') the mark indicatmg the vote 1e1 e01 Ill . h b n cast· t n1ake it doubtful to which cand1dat the vote . as ee. , way as o . . · (iv) is so damaged or. mutilated_ that its I entity as ballot paper cairnot be established. . (26) After the result of .election ha been announced, the result of · cated to the local. . d t thereon shall b c mmun1 ' the elect10n an a repor · . .. d .1 · SPEM which shall uthorit as well as to the Government an . to_ t 1e . .. . D a y · · d 1.A by the r turning officer w1thm three day., fui1ction as the No a gency, · · .. · after the declaration of result. . . F the purpose of the rules the term SP E v1 Explanation. - or ) n ted means the tate ove . . t under the Local Self Government Department of the Governmen , 27) Aft r declaration of th� result of election, the returning officer· .•h:il I hnncl vcr the ballot paper and records relating to the elections of the 111 '11il) 'I' f the' Town Vending 'committee representing street vendors to' I Ii lo ·nl a11th rity in a seaied cover. They ·shall be preserved safely by 111 · lei .,,1 nuth rity for a period of six months from the date of elections or lill •11 It time a dispute regarding elections, if any, filed is disposed of, ,. hi h v ·r i .later and shall thereafter be destroyed by the local authority. c,p t the handing over and taking over of ballot papers and records 1't'l1i1i11, t el ctions shall be sentt o the Government as well as the local 111!1h l'ity and SPEM by the returning o.fficer along with his report of (28) All the expenditure in this regard shall be met by the local · ttllh rity. 7. Term of Town Vending ·committee.-0) After completion of the 1111 v · lection; the local authority shall notify the constitution of the Town \h-11 l in ' ommittee along with the names of all the members, in a IJI I 111 ii 11 'flt place in its office. 2) The term of a Town Vending Committee constituted under 1·1 I 1 11 2 f the Act, unless dissolved under rule 9, shall be 5. years from iii,, dnlt• f it constitution. , f' 'r1toval of a niember of Town Vending Committee.-If, iri the • •1 1 11 , 11 t f th local authority, any member of a Town Vending Committee pi I l Ir 11tl makes defaults in the performance of his duties imposed on 11 Iii h I I under the Act and these rules or exceeds. or abuses his powers, 1111 11 lh oid authority may, by order, remove such member from the l I · I that such member shall be given a reasonable opportunity of 1,, l d b fore his removal. 1l, I .,·s ;lution of Town Vending Committee.-If, in the opinion of iii. Iii!' ti 11ulh rity a .Town Vending Committee persistently make.s defaults 11 iii. 1 1 I, nnance of duties imposed on it by or under the Act and these 111 ii ill' " ed or abuses its powers, then the said authority' may, by r 11i' Ii 1 1, .I 1,,,01 v� uch Town Vending Committee and shall constitute a fresh I 1111111 11 lin, ommittee after giving. a reasonable opportunity of being 111 .lid, .. I I I I I I .I I 10; Allowances of the members o.[ Town Vending Committee.--The allowances payable to the members of a. Town Vending Committee, who do not hold any office of profit, shall be t l 00 (Rupees one hundred only) for attending a meeting of the Town Vending Committee. The said amount shall be paid from the general fund of the local body concerned. 11. Meetings of Town Vending Conimittee.--( l) The meetings of the .Town Vending Comrilittee shall be held at \east on�e in three foonths and at such other shorter intervals as may be necessary to transact its Provided that the first meeting of a Town Vending Committee shall be .convened by the Chairperson within forty-five days from the date of its constitution. (2) The transaction of business of the Town. Vending Committee . shall be conducted as · per the rules applicable for the conduct of business of the Cm�ncil of the local authority concerned. (3) The meetings of the Town Vending Committee · shall be held at the Headquarters of the focal authority concerned or at such other places within the jurisdiction. of the local authority, as. may be decided by the Chairperson, from time to time. 12. Procedure for transaction of busines_s of Town Vending Committee.-(1) T he Town Vending Commi.ttee may follow such procedure for the transaction · of its ·business as · may be decided by the Chairperson in cons\lltation with the members . . (2) _Subject to the provisions of the Act and these rules, the· resolutions of a Town Vending Committee shall be passed by a simple majority of the· members present· and voting in the meeting. 1 \, /t'im ·t ms to be discharged by \I I llqiil I i 11di . to an th . . Town Vending Committee.- c , .a own Vending . ( I � nduct surveys within the area . . . . . . . . . . . .· of its JUnsd1ctton to identify .H•1•111d 11111· with tie norms I . d o�_t e1r accommodation in f , P an an the holding c . ·t . . ) lo i, u Certificate of VenJing.. to an. I mg rom him to comply "th th · · · w1 . e terms and e _ 1 icate of Vendmg is issued; 111. . to cancel or suspend Certificate �f Vi .. . . f th . . endmg of street vendors j • . . eo or any other terms or regu at111g street vend· d · · a sue ert1ficate of Vend· h · . · mg as been secured misrepresentation or fraud· . . .. . t recommend the local authorit to, d 1111 be a non d" . . y .. eclare an area in its identify sites and spaces for vending and hawkin . . . . g, ' regu ate timings, for· v"ending to ,,111,1, . · . . ensure non-congestion of 1 �r0et vendors; I 111 lo furnish reco�endations to th 1111 I'll 1'.il ill ltlu of plans to prom t th e _local authonty m relation to 1 �) l) h Id its meetings and. t ak . · · . · -' I e ecis10ns to ensure ( \ lo ;_1s,ociate technical and. profe . 1 "11q11,1 u Im, is for obt . . . . ss10na persons with itself on . . ammg assistance or advic . . . e m carrymg out any of , I r: ·. (xi) to publish the street vendor's charter specifying therein .the . time within which the Certificate. of Vending shall be issued to the street vendors and time within \.Vhich sach Certificate of Vending shall be 1:enewed and othe� ·a�tivities to be perf�rmed within the time limit specified therein; (xii) to maint�in up to date records of iegisJered street ve ndors and the street vendors to whom Certificates of Vending have been issued in Form-4; (xiii) to carry oui social audit of its activities under the Act or these ru !es or the scheme made thereunder'; (xiv) to fur�ish from time to t{me. to the Government and the local . �\ithority, such returns, as may be specified underthe Act and th�se rules; (xv) ·to· recomm�nd the Government for undertaking promotional measures to make avai�al;>le credit, insurance and other welfare schemes of s�cial security for ·the street veridors; . (xvi) to assist the Government to rai e awareness among the public about the role of the street vendors in the economy.; and · (xvii) to perfom1 such other functions for effective implementat�on of the Act and these rules, as may be delegat d to .the Town Vendmg onm1.ittee by the local authority, SPEM, and t:1e Government.. 14. Powers of Town Vendii1g c_ommitlee for temporary �ssociation. of ,'p•rt pe,·son.-(l) Subject to the provisions of the Act, a T�wn Vendmg rnmittee may associate any suitable per on of repute. havmg adequate kn wledge and experience in the fiel9, as expert to obtain technical or i r f sional advice on matters relating to the stre t v ndors. (2) The person to be associated as . xpert under sub-rule. ( 1) shall Jected' in .a fair and transparen t manner a11d by following the dure for engagement of consultams and. xpens as technical, 11i · or professional experts in Governm nt Departments. ( ) The·persons associated as expert un er sub-rule (1) shall be p . .icJ all wances as determined by the local authority.. I • lw11 /J , ,s of Town Vending Committee .-(1) T he local 1,1!11oill I'( 1\" Il d when so requested by a Town Vending Committee, 111 ii , .1 1.1 l.1 h I t that Committee such employees as the local authority r 111 id, t IH •., a1y for discharge of the functions conferred' or imposed on Ii\, '101 11 ommittee under the Act or these rules. 'I'll • number Qf employees. deputed for the. office of the Town 1•lil1J11itt shall be a minimum of one in number not below the 1,11il, ,ii I tHV ·r Division Clerk arid shall be ·increased as per the I i ,111111111 Iii f th 'workload faee.di by the Town Vending Committee. as in fo11ner of mafn,teniuri:ce of records of street vendors by Town C mmittee.-:-Every 'Town Vending Committee: shall maintain up· rds as specified in. the Scheme framed under sub-section (1) of the Act, in an electronic form or manually or in both I may be decided by the local authority. space for fimctioning of the Town Vending he local authority concerned shall provide sufficient office tl1 functioning of the. Town Ve11ding Committee and. shall a.lso 1•1nployees to carry out the ministerial and clerical functions of I K f,' /in of Returns.�Every Town Vending <:ommittee shall ll' 1 1t •ii , , ii I 'Ubmit a return to the local authority concerned within three 1111111111 .ii r the c.ompletion of every financialyear. I 'l, 11 / 'ti against the decision of Town Vending Committee.-(l) 11 · II p• ii rnder section 11 of the Act against any decision of a Town 1 11tl 11 ' rnmittee with respect to issue of Certificate of Vending or r suspension of Certificate of Vending shall be preferred al authority concerned within thirty days from the date of 1, 1 1 rder or decision appealed against: I '1 1 v, I · I l at the local authority may condone the delay if it is satisfied I I II 11 1 11 1 ll nt was prevented by sufficient cause. from preferring the (2) The appeal shall be in Form-5 and shall be signed by the appellai1t and presented by him in person or through his authori,sed representative. The memorandum of appeal shall be accompanied by the original or certified copy of the order or decision against which the appeal is· preferred. {3) The appeal shall be submitted in triplicate. ( 4) No appeal shall be entertained unless a copy thereof has been served by the appellant to .the Town Vending Committee which had made the order appealed against, prior to filing of such appeal and proof of such · service shall be filed along with the appeal. CHAPTER 3 . DISPUTE RED RES SAL MECHANISM 20. Constitution of Grievance Redressed and Dispute Resolution Committee.-(1) The Government shall constitute a Grievance Redressal and Dispute Resolution Committee for redressal of grievances or resolution . of the . dispute of th.e street vendors (2) The Committee shall consist of a Chairperson and tw:o other members. The Chairperson, shall be _ a person who has been a Civil Judge or a . Judicial Magistrate. The other members include a retired Secretary of a Municipal Corporation or .retired Additional Secretary of a Municipal Corporation and a prominent Social worker, preferably, having experience in the field o� irtfonnal economy including street vending. (3) The tenure of the Committee _ will be for. a period of three years or till such time as the Government may appoint a new Committee. (4) The Go_vemment may re]1lb\ie the Chairperson and Members of the Committee from the office , if he,- (a) has been adjudged an insolvent; (b) has .been convicted of an offence which, in the opinion of the Govem)1lent, involves morai turpitude; ( c) ,has become physically or mentally incapable of functioning ·as hairperson or member, as th�. case may be ; has acquired financi�l or oth�r int . . er�sts, which are hkely I · · nc ions as the Chairp f ii ' i· i inw be; or , erson or as a member, as ) has so abused his position as to re . . bl-. . nder his contmuance in 1 '11' 1 I 'd that the Ch · airperson or member of th .d- . nqi I,, I 111 v ·d from h' ffi - e sai Committee shall is o ice on the ground . fi I Y e overnment in a d I , , •• t • li! as .it may specify in this behalf.. , . ccor ance with sue}). The terms and conditions of the ser . - . . - .vice of the Chairperson • n, n I tr tenure of office. - - err isa vantage fi The place of sitting f o - the Commi ttee sh all - be at I, l'h1• fom1 and the manner ofmak· zng applzcatzon to Grievance I I . . - very street vendor spu e m respect of anyth · d i ,�, ,, lhld , f·h. Act or th 1 - mg one or any action ,11 ,ppi ·' ii on In writing in Fo 6 . h . m section 11, may file I I fJ11- , eit er himself or thro h hi 11 1111 p I In 1 his 11 - 1 . . - ame, p ace of residence and details f-- - . - o grievance. pphcalion shall h ave to be fil d b . occurrence of any · · d iii 1'.>ute. . · mci ent causing the I'// I m .' 1111er of verification d. an - enquiry on receipt of · · · e manner m which f so utwn �- dispute may b , t1 eet vendor may pra f, . : . - e . y or mtenm relte f during the j I I" on. n receipt of an ap r · ,,. I 11 .. ld ll liminary hearin wit - . p icat1on, the Committee ill i, i I I , 111 I fo ie case . g h the applicant to dete mine whether . I 'I' I I I' . (2) The result of the preliminary hearing shall be pronounced at the conclusion of the hearing and recorded in writing. The Committee may grant or refuse the interim relief, ifany, prayed f�r by the street vendor, . with reason recorded in writing. (3) The aforesaid order shall be communicated to the· street veridor and where it is held that there is a prima facie case, a notice shall also be issued to the ap_propriate authority containing the details of the grievance. (4) The appropriate authority shall file a written reply within four weeks from the date of receipt of the potice. A copy of the reply shall also be furnished to the street vendor, free of cost. (5) The street vendor may file a reply to the aforesaid written reply within � period of two weeks from the date of receipt of the written reply. ( 6) The Committee will give personal hearing to both parties and shall pass an order in writing, with reason for taking the decision within one month. 23. Appeal against the order or de(:ision of the . Grievance Redressa/ and Dispute Resolution Committee.---{ 1) An appeal against an order or decision of the Committee may be preferred by an aggrieved person to the local authority concerned, within thirty days from the date of · receipt of such order or decision appealed against: Provided that the local authority may condone the delay if it is satisfied that the applicant was prevented by sufficient cause from preferring the appeal within the specified time. (2) The appeal shall be in Form-7 contain the name, age and address of the aggrieved person, details of the order issued by the · Committee and grounds for appeal. The appeal shall be accompanied with copy of the order and a copy of. certificate of vending. 24. Procedure for disposal of appeals, by the local authority.-(}) On receipt of the appeal, the local .authority shall· issue a notice to the parties concerned intimating the date and · time of hearing. re the local authority on the d t I . a e • ,!r. "' I I n uf nppeal. . e ·. ater than thirty days from the th " . . Its order after giving the ' . . . WI ID thirty days. ,, I l,J11orarium and other II I/J 'I . a owances and t ' ' , I t l'fl rson and me b . . erms and conditions·11 1 · m ers of the G · . rze'l;ance Redressa/ and 11111 I p:,id an honorarium of f 2 000 e Chairperson of the Committee.d • , ,ii Hiofl' .in the above "d C . (Rupees two thousand only) p' ersar ommrttee. Member of th.e Committee shall b . . . . e paid an honorarium ofii , 1 ive undred only) d 'l' 1 1,, mrn.ittee. per ay of sitting in the 1,, 81• 'tr•t iricu assistance to the G . .. . r' . . rzevance Red res I d . II f n I I �m as. ee shall facilitate the office space� assist the Co n · . ior , 11111111 111, 111 I pr vide d . I mrttee for holding sitting of th • a equate staff for th "� . e onorarium and such other . , · orne · Y the SPEM. ( Y,, tit tun r o'.pub/ · h. I I e ovemment und ·· 1 1 11 ii h d y the lo 1 h . . . er section 38 of the Act. ca aut onty ID two l l . . . en mg Committee. Such Y e ocal author"t h 11 1'"111 1h date of noffi · 1 Y s a be made within. I ication of the Scheme by the G ·, I 11 , , t · · overnment / I ition and removal if d. . . . . .. •11pl,·,11 nting the prov· . . . o if./iculty.-If any difficulties I . 1Slons of these rule � q1 i i fl ' • I I 11 "' • tt �r shall b " . a e overnment and the· ereon .s all be final. . I ·I l I I I ANNEXURE [See rule 6(6)]. · [Kerala Street Vendors (Protection of Livelihood and Regulation of To NOMINATION FORM FOR ELECTION OF MEMBERS OF TOWN V ENDING COMMITTEE · The Returning Officer, Town Vending Committee Sir,· . I , ... : ................. : ....................................... , wife/son/daughter of .................................. :., street vendor, vending in the area of jurisdiction of the Town · Vending Committee, (Registration Certificate of Vending No. .. .............................. ) hereby propose · the name of ................................................ :and· a street vendor of the said Town Vending Committee (Registration .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/Certificate of Vending No . ............ : .................................... .. I , ........... : ........... ; ..................... _. ............... , wife/son/daughter of : .................... _. ................................... R�gistration/Certificate of Vending No . ........................ : ... , .... :.of.. .................... , ... Town Vending Committee, hereby second the above proposal: Name and Signature of the second proposer ..................................... . Registration/Certificate of Vending No . ........................... : ............ . l}f, ARATION BY THE CANDID. 1 . . . ATE h. n l 1111111 ' .ti I I l1 that -. , (For Office Use Only) n mination-form at . · '" .......... .. .. : .............. _._ ....... ,.a. m./p. -111. on f the Returning Officer ACKNOWLEDGEMENT mination form of . ._., ................. . · ....... .. ....... presented r ei��;;�·�· -��- · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · candidate/ , ............ a. m,/p. m. on . · · · ·· · · · · ·· · · ··· ·· of th Returning Officer . (Seal) FORM 2 [See rule' 6(13) and (17)] [Kerala Street Vendors (Protection of Livelihood and Regulation of · Street Vending) Rules, 2018] BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN V ENDING COMMITTEE Ballot paper of electio_ns of Members of a Town Vending Committee representing street vendors, whi"ch is to be conducted under rules 4, 5 and 6 of the Kerala S treet Vendors (Protection �f Livelihood and. Regulation of Street Vending) Rules, .2018 The .......................................... Street Vending Committee ................................................. (Address) (Counterfoil) Ballot paper for the Post of ........................... . Date of Election ............................................. . S.1. No . ...... · ............................................... : ......... Registration/Certificate of Vending No . ............................... :: ............................. .......... Ballot Paper. Please mark X against one of the candidates to whom the votes are to bn casted. I. No. N£m1e of the Candidate R •istration/Certificate of Vending No. Mnrk for casting vote FORM 3. [See rule 6(14] 't yi,ndors (Protection of Livelihood and Regulation of Street Vending) Rules, 20181 ·TTER OF NOMINATION OF AGENT 11 ""'"":························ .. ·····::·············:······, son/wife/daughter of i ,i 111 'I .. - V . \I I ommtttee, (Registration/Certificate of , ,11 II No . ...................... ) contesting for election of Memb i ' omm1ttee, hereby nominate the f, 11 · · 0 owmg person as. my nt/c unting agent in the election of Members of the said Committee to be held on · · · · · · · · · · · · · · · · · · Name and Signature of t_he Candidate. rtificate of Vending No . ········:········· .. ······· · · · · · · ··· · ··· · · ···· ···· ... son w11e. aughter of. ,,,,,,,,,,,,,, ...... address the election agent. 111/t! S.g11 uure of the agent. FORM 4 [Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending). Rules, 2018] RECORD OF REGISTERED STREET VENDORS (i) . Name of the Street Vendor (ii) Address of the Street Vendor (iii) Registration No. (iv) SL No. of Certificate of Vending (v) SL No. of Jderitity card (vi) Vending place and time (vii) Nature of Business ( viii) Category of street vending (ix) Any other particulars Name and Signawre of the authorized person. I, 11-., 1,du ',11,·, l FORM 5 [See rule 19(.2)] r1clors (Protection of Livelihood . . , . treet Vending) Rules, 2018] and Regulation of .r, THE TOWN y RITY AGAINST THE ENDING COMMITTEE I I I lllllllltttltt1tu1t .. , . Ill 11111111111111111111111, ...... . ························ I', ... ' 11 f I I I f ( · ' ' u, give full details of 1 ... ,,t "" I · • •11 Ware, etc.) t, ' 11,1 ,uh, t otegory (if other ify the category) , , .. 1111 I ,I ti• I • •s ue of Certificate ,I 'tn h a copy of ' 1 y; J ding, if issued) (a) (b) (c) D D D ,,_ ' I d 6. Nature of the order appealed against (Tick the appropriate) (a) issuance of Certificate of Vending; (a) I (b) cancellation of Certificate of Vending; (b) I (c) suspension of Certificate of Vending; (c) I 7. Grounds of appeal (give full details and attach more pages, if required) , Signature of the Appellant. DECLARATION !, .................. , .. :.the appellant, do hereby solemnly declare that, what is stated above is true to the best of my information and belief. Place: Date: Signature of ihe Appellant (Note:-Please attach a·l l the relevant documents along with th appeal.) , FORM 6 11 .. • 111 I 1 �1 1 l l i' V n:d rs (Protection of Livelihood and Regulation ofStreet Vending) Rules, 2018] '1 1 11 11 ,\'11, N T THE GRIEVANCE REDRESSAL AND DISPUTE , N OMMITTEE FOR THE REDRESSAL OF ,N' OR RESOLUTION OF DISPUTE OFSTREET VENDORS I, . I, r 111 11 1 n<l nddress of the applicant II l 1111111 I, '· \\ h ti l'l 1,, I •111, (a) (b) (c) D D D Signature of the Applicant. DECLARATION ........................ the applicant, do hereby solemnly de I th t j 11• d ,lbo C is true to the best of my infonnation and �e�r:£ a Pl, I Signa-ture, of the Applicant. ultach all the relevant document' to the a�pphcation) I I FORM 7 [See rule 23 (2)] [Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2018] APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE GRIEVANC_E REDRESSAL AND To I. Name and addres� of the appellant · 2. Regist ratton number/case number/. 10 number 3. Place of ve11ding (give full details of location, zone ward, etc.) · 4. Nature of vending (Tick the appropriate) (a) stationery (b) mobile ( c) any other category (if other, please specify the category) No. and date of issue of Certificate f Vending ( atrach a copy of the ertificate of Vending, if issued) c i ion of _the Grievance Redressai n I Dispute Resolution Committee t ( ch the copy of the decision· of h · ·· evance Redressal and Dispute (a) o· (b) D (c) D I Ii, 11 11111'1' nnd date of decision ,111, j htt Ii h inor pages, if required) Signature of the Appellant. DECLARATION " """' the appellant, do' hereby solemnly declare• that h t .· W a IS . , 11 to t e best of my infonuation and belief. . 11,,1, ·. Signature of the Appellant. 'l'I'' d,) 1ttach aH the r�1¢vant documents along w ith the By order of the Governor ' Additional Chiefs ' . . ecretary to Government. , I l __