Bihar Street Vendors (Protection of livelihood and Regulation of Street Vending) Rules, 2017

Urban tudry *WoiT.aeTt l/\- ( anq qr6rq qtrn Hfuq Government of Bihar Development & Hcusing Departrnent NOTIF'ICATION Bihar Street vendors (Protection of livelihood and regulation of street vending) Fire No.- 04/sv(Nu,,u)_04t2ats/ 4_\+ / uD&;;;-;l;;;;-l;-.;;; ;;; ;;;:;;conferred by Section - 36 of street vendors (Protection of Liverihood and Regurations ofstreet vending) AcL2014 (central Act 7 of 2014), the state u;r;;;lf*or. is herebypleased to make the foilowing Rules to carry out the provisions of the said Act; Chapter -l , PRILTMINARY l' short title extent and commence.."It. - (l) These Rules may be called Bihar Streetyr:t $tffirrection of Liverihood and negurauon oii,.""t vending) Rures, 2017 for the (2) It shall extent to the whole of the state of Bihar.(3) It shall comc in to force at once- 2' Definition' - In these rules, unless there is any-thing repugnant in the subject or context: (a) "Act" means the Street vendors (Protections of Livelihood and Regulation of StreetVending) Act,20l4. rw6ur (b) "Appropriate Government" means the State Government in respect of matters relating tothe State Govemment as referred under sub section (1) of section 2 of the Act; (c) "Holding capacity" means ihe maximum ndmber of street vendors who can beaccommodated in any vending zone and has been determined as such by the localauthority on the recommendations of the Tou,n \iending committee as referred undersub-section 2(lXb) of the Act. "Local authoritv" means a I\4unicipal Ccrpor.rtiorl or a N4unicipal Council or a Nagar Panchayat, bY rvhater'er name callec!. or the Cantomrent Board. or as the case may be, a ciril area comtltiltee appointed under secrion -{7 ol the Cantonment Acl, 2006 or such other body entitled to function as a local authority in any city or to$'n to provide civic services and regulate street vending and includes the "planning authority,, which regulates the land use in that city or town; "Mobile vendor" means Street Vendors whc carry out.vending activities in designated area by moving from one place to another place as referred under subsection (2)(l)(d) of Section-2 of the Act. "Stationary vendors" lneans street vendors .r'ho carry out vending activities on regular basis at a specific location as referred under sub-section 2 (lXk) of the Act. "Natural market" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee as referred under sub-section 2(l)(e) of the Act. 'Notification" means a notification published in the official gaz,ette as referred under sub. Section (2)(l)(f) of section-2 of the Act. "Planning arrthority" means a.Municipality or any Urban Development Authority or any other authority in any city or town as referred under Subsection 2(lXg) of section 2 of the Act. "Scheme" means a scheme framed by the appropriate Corernment under Section 38 of the Act. "strcet vendor" means a person engaged in vending as referred under sub-section 2(1XL) of Section -2 of the Act. "Schedule" means Schedule annexed to these rules. ' (m) "Section" rneans of Section of the Act. (n) "Town Vending Committee" means the body constituted by appropriate Government under section 22 of the Act. (o) "Vending zone" means an area or place or a location designated as such by the planning authority as referred under sub-Section 2(1)(n) of section -2 of the Act. Chapter -lI TOWN VENDING COMMITTEE 3. The term of, and the manner of Constituting of Torvn Vending Committee. - (1) The Government shall constitute a Town Vending Committee (TVC) in each local authority as referred under section 22(l), the street vendors (protection of livclihood and regulation of street vending) act'2014. Provided that the appropriate Govemment may, if considers necessary, provide for constitution of more than one Town Vending Com,nittee, or a Tor.r,n V.:nding Committee for each zone or u,ard, in each local authority. Under section 22(lI) the Mu 'icipal (d) (e) (e) (h) (i) (k) (d) ..Local authority" rneans a Municipal Corporation or a Municipal Council o; a Nagar panchayat, b-,, u,hatever name called, or the Cantonment Board. or as the case may be, a civil area committee appointecl under section 47 of the Cantonment Act, 2006 or suchr other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the "planning authority" whichr regulates the land use in that city or town; (e) ..Mobile vendor" means Street Vendors who carry out vending activities in designated area by moving from one place to another place'as referred under subsection (2X1)(d) of Section-2 of the Act. (0 "stationary vendors" lneans street vendors r.vho carry ottt vending activities on regular basis at a specific location as ret-erred under sub-section 2 (1Xk) of the Act. (g) "N:tural market" means a niarket rvhere sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee as referred under sub-sectibn 2(l)(e) of the Act- i (h) 'Notification" means a notification published in the official gazetle as referred under sub. Section (2X1X0 of section-2 of the Act. (i) "Planning authority" means a Municipality or any Urban Development Authority or any other authority in any city o. town as referred dnder Subsection 2(1Xg) of section 2 of the Act. CI) .'Scheme" means a scheme framed by the appropriate Government under Section 38 of the Act. (k) ..Street vendor" means a person engaged in vending as referreci under sub-section 2(lXL) of Section -2 of the Act. (l) "schedule" means Schedule annexed to these rules' t-l "Section" means of Section of the Act. (n) ..Tolvn Vending Committee" means the body constituted by appropriate Government tunder section 22 of the Act- (o) .,Vending 17one" means an area or place or a location designated as such by the planning authority as referred under sub-section 2(1Xn) of section -2 of the Act' Chapter -II TOWN VENDING COMMITTEE 3. The term ot, and the manner of constituting of Town vending committee' - (1) The Government shall constitute a Town Vending committee (TVC) in each local authority as referred under section 22(l),the :treet vendors (protection of livelihood and regulation of street vending) act'2014. Provided that the appropriate Government may, if considers necessary' provide for constitution of more than or. fo*" Vending Committee' or a Town Vending Committee for each zone or rvard, in each local authorrty. Under section 22(ll) the Municipal L Commissioner or Exec''tive ofticer, as the case ma),be, shall be the chairperson of the Townve,ding committee. Forrowrng shail be the nre,rbe.i otivc ,- (a) Municipal Commissioner or Exe.utive Olficer (He rvill be rne Chairperson ol'the TVC(b) city Manager/ Revenue officer ( in absence of rhose, uny oftl.iui from ULB nominated by the Chairperson of TVC) ivill be the member Secretary of rhe TVC (c) Civil Surgeon/ Medical Officer (d) District Planning Officer/ Municipal Engineer (e) Superintendent of police/ Other selected officer (0 SP Traffic (g) Lead Bank Manager/ representative (h) Chamber of Commerce (Representative) (i) National Union for Informal Workers 0) Non-Government organizations/ community Based organizations (k) R.epresentative of Street vending Organizations/ Associations/ Federations (-2) The number of representatives of Non-Government organi zationsl Community Based organizations will not be less than 10% of the total number of members in the committee, (3) The number of representatives' of street number of members in the committee. vendor'will not be less than 40yo of the total (4) One- third of the representatives of street vendors will be women vendors. (5) The representatives from Non-Goverrunent Organizations/ Community Based Organizations and Street vending organizations/ Associations/ Federations will be nominated by the District Magistrate. (6) The normal term of office for the nominated members rvill be th,-ee vears. (7) The term of TVC will be three years. 4. The manner of nomination among Street representati'zes of Street Vendors under clause Act, will be undertaken by the office of the Municipal Commissioner/ Executive Oificer. members of TVC will be as follorvs:_ Vendors.- (l) The nomination of the (b) of sub-section (2) of section 22 of the District Magistrate, in consultation with The procedure for nomination of these (a) (b) (c) (d) The local authority shall invite applications from suitable candidates in prescribed format with details of eligibility io each category of other members, Iast date ofsubmission and manner of submission of tn" frpti.ution. The aforesaid notice will be published 30 days prior to the rast date for thesubmission of applications for membership of TVC. The applications received for membership in each category will be shortlisted based on pre-defined eligibility criteria. If application received for a particular category is more than the requirednumbers, the District Magistrate and the Chairperson of the TVC will select themember on thp basis of lottery. Such lotter-v- should be held in the presence of theinterested parties. (e) The formation of the TVC including the nominated members wiil be publisheJ in the Government gazette b I the appropriate Goverrunent' (f) The details of the TVC rvill be published on the r'vebsite of the appropriate however he/ she may be continued if there is no response to fresh advertisement and further the seating candidate has no objection to continue' In case of no response from any fresh candidate and unwillingness of the existing member to continue, the appropriate Government may nominate a suitable candidate of the group represented by the existing incumbent: Provided further the nomination of members representing informal/formal street vendors associations or federations shall be carried out on the basis of such criteria as may be taid down by the Goverunent' after inviting applications, as such, by publishing the same in at least two local newspapers or Publishing in anY other manncr' 4.1. Removal of a member of Town Vending Committee. - Any membqr of a Town Vending Committee may be removed by the Go-vernment from the committee' if he' (a) persistently makes defaults in the ierformance of his duties imposed on him under the Act and thise rules or exceeds or abuses its powers; (b) Remains absent for three consecutive meetings of the committee without the permission of the ChairPerson; ic) Is convicted of any crimin4l case by any court.of law: provided that such *.*U"r ,t att U" liven a reasonable opportunity of being heard before his removal' 5. Allolvance of Chairperson and members untler sub-section (3) of section 22 of the Act.- The allcwances payable to the members of a town vending oommittee' who do not hold any office of profit, for attending each meeting of Town vending cornmittee' shall be fixed by the conierned TVC from time to time' 6. Time and place for meeting, procedure for transaction of business at meeting and functions to be discharged d il. Town Vending Committee'- - " -.ot auct of its business' The details of which are listed hereafter un,Jer section il of Street vendors (Protection of Livelihood and Regulation of Street Vending) A ct'2014: TVC; (2) A notice of the meeting will be sent by registered post to the address' gi"ren by himself, of each member of the committee, at. least seven days before the time i*.U for such meeting. The m,ti;e of the meeting will contain place, date and time of the meeting and a list of business will be transacted at the meeting; (3) chairperson rvill issue the notice before Seven days of the scheduled meeting; ug".riu of the items will be circulated to the members and put up on ofhcial designated rvebsite. Each agenda item will be also accompanied by a detailed notebringingouttheissuesinvolvedwithclearrecommendationbythe administration. The agenda papers including the notes should be'in Hindi or English, if the TVC decides so; (4) Meeting of the committee will oe held at least once every three months: (5) Reqtrisition meeting can be onh' called by Chairperson on a specific issue on tlie. request of minimum l/3rd of the total mernbers of the TVC. The meeting rvill be called rvithin 15 days after receiving the reqLrest for the sanre from the required number of members; (6) The first meeting of TVC will be fixed within 15 days of the publication of the Gazette notification; (7) Decision will be taken based on the majority of present members in the nreeting- In :ase of equality of votes, the Chairperson will have the riglit of casting vote; (8) The Member Secretary will maintain a minute book for recording and proceedings of every meeting and rvill keep it in his safe custody. The minute ' book rvill record the signature of the members attending thc rneeting before its commencement and proper recording of proceedings and resolutions adopted at every meeting lvill be maintained in the minute's book. Minute's book rvould be put up in the subsequent meeting of TVC for confirrnation by the Chairperson; (9) Qu.rrum - The quorum for the meeting will be at least l/3rd of the total members of TVC- Meeting will not be carried out in the absence of the quorum and it will be adjoumed; (10) Following functions will'be discharged in the meeting of TVC :- (i) Final Decision about Vending Zones along with their holding capacity as worked out by the local authority; (ii) Issuing, withholding, suspending and cancelling of the Vending Certificate; (iii) Getting a social audit initiated on the implementation of the Act; (iv) For deciding the zoning, the TVC will have the base materials/ data fiom the local authority. Regulations and the planning w'ill identiff the Vendipg' Zones. In case the TVC has got any points to be made about the zone or about the area to be allotted to each individual vendor it can drarv the attention of the planning and local authority to suitably modiff the plan. After obtaining the opinion of the authority, the TVC may take an appropriate decision; (v) On the recomrnendation of the local authority, TVC will declare the natural market, weekly market, heritage market, festive market, seasonal market, night bazaar and nicfe market with their exact location and specific period in case of seasonal nrarket or festival market; (vi) While making recommendations and suggesting changes about the Vending Zones, the TVC rvill have to take into consideration the roacl width, traffic flow and the pedestrian movement in the concerned area; The manner and the purpose for rvhich a person mav be associated rvith TVC.- Under Sub-section (1) of sectio'r 24 of the Act, TVC may associate any expert in the field of informal economy for Street Vending and Spatial Planning. Such an expert will have the right to take part in any meeting and give suggestions but he cannot cast his vote in the meeting. Allorvances of associated person.- Ijnder sub section (2) of Section 24 of the Act. associated persons lvill be paid allowances as determined by the Chairperson of TVC. Emplol,ees of forvn Vending Committee.- TVC rvill have its permanent office in the space aliotted by ro.uilr,loiit-r. I-ocal Authority *'ill pro'ide adequate staffs on the request of TVC Uut siaffs rvill not be the perrnanent stafts of TVC' to details of total vendors, category r^'ise, registered vendors' I-card issued' fees' any other charges, dues and collection, expenditure incurre c etc' other relevant records will be also maintained bY TVC' ChaPter - III Under sub section (1) of Section Lf oithe Street Vendors (protection of Livelihood and Regulation of Street Vending ) e.tlZOt+, an applicant whols aggrieved b1" any decision of the TVC with respect to rssue of certificate of vending or cancellation or suspenslon of certificate, will appeal to MayorT -nui'ptt'on of th" lJcal authority concerned within one month of the decision of TVC in tf" prescribeJ Format (Form - A)' The Mayor / chairperson will dispose his/ her upptut *ithin one month from the date of application whether by rejecting or accepti"gli'*iin a speaking order o;r applicant's representation after givirg h;;;;*"nal hearing [Section 11(1)l I Government.- under sub-sectio, iil "i.""iion.?O of the Act, one or more Grievance Redressal committee will be .on*ir*.a by the Government for the solution of dispute' The Grievance Redressur Co**ittt"' fCnCt) in the state will present in the following manner: municipalitv in the '"gion rnav be appointed I :"":n1 i:::::of rhe committee w.hereas a prominent social worker, preferably having experience in the field of "r *.*b., of the 6orr,r,it,"" by the Appropriate Government' Govemment appoints a new conlmittee' grievance under rhe Act, ...;;; ;p;".i11ei iL s."ti*'11, may file an application in writing in prescribed format tr-J.*'gl, himself o.itro"gt' t'it orntiuttd union including specifying his/ her name, pru.i of r.rid..,"e and details of the grievance' occulrenceofanyincidentcausingthegrievance' following steps rvill be taken for ,"c^r,"r f r g'i"'""ttt a'''d it'olt'tion of disputes under sub-section (i) of section 20 of the Act'- E (i) The Sti'eet Vendor nla' request for interirn rerief during the pe,dency o, ,n.application' cn receipt of ..n application, the conu,ittee sha, t ota u prerir:rinarvhearing *'ith tl,e applicant to determinc- r.vhether the:e is a prima lbcie case.(ii) The result oi-the prelintina^' hearing ri'ill be p-norn..d at the concrusion of rrrehearing and recorded in writing. The committee may grant or refuse the interirnrelief, if any. prayed by the Street Vendor, ,r,ith .euson;;;;;* i, ,*i,r*(iii) The aforesaid order will be communicated to the Street vendor and where it is heldthat there is a prima facie case, a notice, shalr arso be issued to the AppropriateAuthority containing the details of the grievance.(iv) The Appropriate Authority will file u *.irr., reprl,within 4 weeks from the date of A copy of the ..pry ,r,uri also be turnished to rrre Street (v) The Street vendt'r mal' file a reply to the aforesaid r,,ritten reply within a period of' two u,eeks from the date of receipt of the u,ritten reply.(vi) The committee r'vill gi'e personal hearing to both iu.ti", and shall pass an order inwriting, with reasons for taking the decision within one montrr. Time and manner in rvhich an appeal may be filed under sub-section (a) of section 20 (l) Any person aggrieved by the aforesaid order, can fire an appear in *,riting to .rreMayor/ Chairperson of the local autnority concerned. Such appeal shall contain thename' age and address of the aggrieved person, details of the order issued by thecommittee and grounds for appeal in prescribed format (Form c). The appeal shallbe accompanied with u.opy-of the order and a copy of the vending certificate ofthe Street Vendor, if issued. Q) ' be fired rater than thirty days from the date of the order of the [iil:.Tl1T;r"];:ffi: rvhich an appeal shail be disposed of under subsection (1) on receipr of the appeal, the local authority shail issue a notice to the partiesconcemed intimating the date and time of hearing.(2) The parties will appear before the local autho.iti on the dare appoi,tecr for hearing,which wi, not bc' Iater than thirry days froqr the catsof firing of appeal.(3) ffi*?i:;::Tfi,'i:ii&ffice its order,ft.. gi,ing both parties an opportunity Age for street vending under sub-section (1) of section 4 of the Act.- (r) Every streetvendor, identified under,l.-rr^o."ri"a i,ri,,,ra"..rt_-...tio, (.1) of section 3, u,rrohas completed the age of.fo-yn".n-v.u., or such age as may be prescribed bl,trreappropriate Governme,t. sh., be issued u .".tin"utE of vending by Torul vendingcommittee' sub'ject to such terms anrl condition, unJ *iilrin the period specified in thescheme incruding the restrictior*p..ir,.d in the pi., r"r ri.eet ve,ding: Provided that a person' rvhether or not inclucled under the sun'ey under sub- section (/) of section ^11, t ho has been issued il certificate of vend'ng before the colnlnencement of this Act, rvhether t\rn'"]l as Registration certiircate/ I-Card or anll other form of permission (rvhethc, u, u-rtutionar.v tlendor or a mobiie vendor or under 'ittet venclor for that category for the period io, *f-,i"t, he has been issued such certificate of vending' submission of reports ancl ieturns.- The Town Vending committee will submit the statement of its. accounts and submit to the Municipality/ Local Authorit-v uv'li.t ruu^l of the year, 'nr4rich after approval' shall be ,.ni ro the district and staie nodal officer of the Govemment' (b) prepare ".,r.ry y.", an annual ,"0"n ", i1s lunctioning and submit by.31't July to the Municipality/ Local authoritl,. rvhich_in turn, with its observations' if any (c) Submit quarlerly performanc. ;.;;;; t; ih. Mr.ti.ipality by 10'h day of every I quarter of the financial Year' published in o t.ur, two local daily news papers in Hindi having wide circulation (ii) T#JILary of the scheme wilr arso bb prominentlv dispraved in the office of the MuniciPalitY' (iiD Every *,rril"lpuri y will make public the salient features of the scheme by wall writing, rrurra f irt o, uny other means at appropriate places in the city area' By the ora", ott{fuuernor of Bihar Urban Developmcnt & Housing Department' copy to the Superintendent, Secretariat Printing Pr".,, 6ulzarbagh' Patnal under Secretary, Finance Department, E-Gazettt ctrt' Bihar along rvittr cD for its publication in an *'trj3:.1"ijt1" 200 copies or tlre Gazetrc ,./f{^,Deveropment and Principal Se"re/ary,/ Urban Development & Housing Deparlntent' copy to the chief Secretary, Bihar/Development commissioner/ Joint Secretary' Ministry of Houslng and urban e"r.ny'a1l.riu1io1^cottt' or India' New Delhi/ Principal Secretary to rhe *r"riui" c"r"*", "r giiurtprincipal s""..tu.y to the Hon'ble chief lrlinister' -ati- All Depafiment Heaasi eii piuirionur co*,rirri*erl AII District vtfiis/y* for information and necessary acrio.. PrinciPal Secretary Urban Development & Housing Department' g comrnissioner. All Ir4unicipal corporation/Eiecuti,e officer. All Principal Secretary Urban Development & Housing Deparlment- FORM-A Appeal to Mayor/Chairperson for the Decision of Town Vending Committee under Section 11of the Act Date: Details of Vendor Details of Grievance Subject of Grievance (Tick the relevant box) b. Cancellation or Suspension of Certificate for Vending Brief Description of Grievance (Attach copy of registration certificate/ cancellation notice) Name: Address: Place of Vending: Nature of Vending: Registration Number Date of Registration a. lssue of Certificate for Vending Date of receipt of Grievance: Grievance received by: Acknowledgement Num ber: FORM - B Appeal to Grievance Redressal Committee under Section 20 of the Act. Date: Details of Vendor Details of Grievance Brief Description cf I Grievance (Attach copy of registration certificate) Name Date of Birth/ Age Address Place of Vending Nature of Vending Registration Number Registration Date Date of receipt of Grievance: Grievance received by: Acknowledgement Number: :oR,\4 - C Appeal to Mayor / Chairperson fo'r issued order by Grievance'Redressal Committee under Section 20 of the Act. Date: Details of Vendor Details of Grievance Details of Decision taken by Grievance Redressal Committee (Attach copy of decision) Name Date of Birth/ Age Address Place of Vending Nature of Vending Registration Number Registration Date Brief Description of Grievance (Attach copy of registration certificate) Date of receipt of Grievance: Grievance received by: t2