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

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No. 11/F 1-4-2017-XVIII-3.- ln t':�ercise of the po,vers conferred by Section 36 of the Street Vendors (Protection of Liveiibooci and Reguiurion of Street Vending) Act, 2014 (No.7 of 2014), the State Government. hereby, makes the following rules relating to street vending in the State of Madhya Pradesh. namely:- RULES 1. Short title and commencement- ( 1) These rules may be called the Madhya Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017. (2) They shal_l come into force from the date of their publication in_ the official 2. Definitions- ( l) In these mies, unless the context otherwise requires,- ( a) "Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 20i4 (No: 7 of 2014); (b) "Chief Executive Officer" means Municipal Commissioner in case of a Municipal Corporatic,n as defined in sub-sectjon (11) of section 5 of the Municipal Corporation Act, 1956 (No. 23 of 1956) and Chief Municipal Officer in of case of a Municipality or Nagar Parishad, as,: the case may be, as defined in sub-section (5) of se\5riGn 3 of the · Madhya Pradesh Municipalities Act, 1961 (No. 37 of J 9·6 i ); ( c) "Coll�ctor" means Collector of the district appointt:d by the State Government and prescribed a::: ColJector in section 11 of ttie Madhy.; Pradesh Land Revenue Code, J 959; (No. 20 of 1959); (d) "Commissic,ner" means Comrmssioner of a Urban A.d_;niriistration and Development Department of hiadhya Pradesh; Commissicner appointed by the State Government and as prescribed a�; Commissioner in section 11 of the Madhya Pradesh Land Revenue Code, J 959; (No. 20 of 1959); (f) "Form'' means the form appended.to these rules; (g) "Government" means the Government of Madhya Pradesh acting through the Commissioner, Urban Administration and Development Department of Madhya Pradesh; (h) 44Grievance Redressal Committee" means a Committee constituted by the Comrnissioner, · Urban Administration and Development Department of Madhya Pradesh under sub section (1) of section 20 of the Act for redressal of griev�s or resolution of disputes; l'.J��' � 24 � 2017 352 (29) (i) "Mayor" means Mayor as defined in section 6 of the Madhya Pradesli Municipal Corporation Act 1956; (No. 23 of 1956); (j) "President" means President as defined in section 19 of the Madhya Pradesh Municipalities Act, 1961; (k) "Urban local authority" means the Municipal Corporation constituted under section 7 of the Madhya Pradesh Municipal Corporation Act 1956(No.23 of 1956) and the Municipalities and Nagar Parishad constituted under section 5 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961). (2) All other words and expressions used but not defined in these rules herein shall have the same meanings respectively as assigned to them in the Act. 3. Minimum Age for Street Vending.- The minimum age for street vending shall be 18 years. 4. Constitution of Grievance Redressal Committee.-: (1) The Commissioner shall constitute one grievance redressal committee at each · revenue djvisional level for redressal of grievances or resolution of the disputes of the street vendors. Commissioner may constitute a committee for more than one revenue commissionaires, if needed. (2) The Commissioner shall decide the area of jurisdiction and the headquarters of the grievance redressal committee. (3) The Commissioner shall nominate the members of the grievance redressal committee, in a suitable manner keeping expertise for the purpose of redressal of grievanc·es or resolution of disputes of street vendors. (4) The Committee shall be constituted, consisting of minimum three members prescribed as below:- (i) A per.son who has been a Civil Judge or - Judicial Magistrate - (ii) A pqson who has been a Municipal - Comrnissioner or Chief Municipal Officer (iii) A pe1 sen is a social worker cf repute working for the cause of urban poor Chairperson Member: Provided that no employee of the government or the urban local authority shall be appointed as members of the committee. (5) The tenure of the grievance redressal committee shali be three years. (6) The Chairperson and the members of the grievance redressal committee shall be paid such remuneration as may be decided by the Commissioner from time to time. 5. Form and manner of making application to Grievance RedressaJ Committee.- ( I) Any street vendor who has any grievance or dispute in respect of anything done or any action taken under the provisions of the Act ( except section 11 of the Act ) or the rules made thereunder, may make an application in writing in Form-I, either himself!'herself or through his/her 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 any application where,- (a) The application is anonymous or it contains general and vague allegations; (b) The matter is sub-judice in any court of Jaw, tribunal or a judicial or a quasi-judicial authority; ( c) The matter is beyond the purview of the Act; ( d) The applicant has no locus standi to file an application; and ( e) Time barred application. 6. Manner of hearing by Grievance RedressaJ Committee.- (1) On receipt of an application under rule 5, the grievance redressal committee shall hold a preliminary hearing with the applicant to determine as to whether there is a prima facie case and whether the balance of convenience is in favour of applicant. 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 pronoune;ed at the conclusion of the hearing and shall be recorded in writing and communicated to the applicant. The grievance redres5:al 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 grievance redressal committee that there is a prima facie case, a notice shall be issued to the urban local authority containing the details of the grievance or dispute. (4) The Urban local authority, on receipt of such notice, shall file a reply within a period fitipulated in the notice, and a copy of the reply shaJI also be furnished to the street vendor, free of cost. (5) The street vendor may file a counter reply within a period of two weeks from the date of receipt of written reply filed by the urban local authority. (6) The grievance redressal committee may order for a field enquiry by deputing one of its members or an official of the urban local authority in connection with the contentions made by the applicant or non- applicant and also with reference to the records placed before it. -i:r��' �24 � 2017 352 (31) (7) The grievance redressal committee, after hearing both the parties, shall pass an o.rder in \vriting, 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 Appeallate Authority as prescribed in Rule 16 to which the appeal lies. 7. Constitution of Town Vending Committee.- (]) Every urban local authority shall constitute the town vending committee, provided that the Chief Executive Officer may if considered necessary, can constitute more than one town vending committee or a town vending committee for each zone in their urban local authority. (2) The Chief Executive Officer shall constitute the Town Vending Committee as follows: (a) The Chief Executive Officer shall be the ex-officio Chairperson of the Town Vending Committee; (b) Two Counselors nominated by the Chief Executive Officer; (c) Two officials namely:- Officer-in-charge dealing with task related to Street vendors/Market and Health Officer, to be nominated by the concerned Chief Executive Officer; ( d) Two members not below the rank of Deputy Superintendent of Police froni traffic police and police in case of a Municipal Corporation and one member not below the rank of town inspector /station officer in case of a Municipality and Nagar Parishad, to be nominated by Superintendent of Police of the area; (e) One member of the Market Association /Traders Association er other such Association, nominated by the Chief · Executive Officer on recommendation of such association; (f) One official not bchw the rank of Assistarit Director in case of a Municipal Corporati0n and any other To,,11 Planning Official for a Municipality and Napir Parishad, to be nominated by the Joint Director Town and Country Planning Department under whose jurisdiction the concerned urban local authority lies; (g) 10 or 40% of the total member of the town vending committee, whichever is more shall be elected by street vendor themselves conducted in the manner provided in tne Schedule appended to these rules: Provided that one third of members representing of street vendors shall be amongst women vendors: Provided further that due representation shall be given to the Scheduled Castes, Schtculed Tribes, Other Bachvard Classes and persons with disabflities, as per reservation roster prevalent in the district. Due representation shall also be given to minorities; (h) One member from the Resident Welfare Associations to be nominated by the concerned Chief Executive Officer; 352 (32) .:r� �' � 24 � 2017 (i) One member from tLe Non-Governmental Organization working in the areas to be nominated by the Chief Executive Officer; (j) One member from the banking sector to be nominated by the Lead Bank Manager of the district; (k) Chairperson of Town Vending Committee may _invite any Expert/Any Person/Organization/ Association/Company as a special member to se advice/assistance from them. The Officer in charge dealing with Street vendors/Market or any other official shall be nominated as Member Secretary by the Chairperson. The term of the town vending committee shall be co-terminus with that of the term of the urban local authority. The Chairperson and Members shall not be eligible for any allowance for serving in the town vending committee. Expert/special members who have been associated for seeking assistance/advice shall be entitled to such allowances as may be decided by the Commissioner . . The election process of the representatives of street vendors shall be completed within 6 months from the date of publication of this notification. During the intervening period town vending committee shall function provisionally following all the rules related to c�nduct of its business and activities. 8. Removal of a member of Town Vending Committee.- If in the opinion of the town vending committee, any member of town vending committee persistently makes default in the penormance of his/her duties imposed on him/her by/or under the Act and these rules or exceeds or abuses its powers the town . vending committee by simple majority can take decision to remove such member from committee: Provided that such member shall be given reasonable onportunity of being heard before his/her removal. 9. Method of Filling Vacancy.- Where any vacancy occurs in the existing town vending committee due tc resignation, death, removal of any member or for any other reasons, same procedure as laid down in these rules shall be followed for filling up such vacancy . 10. Dissolution of Town Vending Committee.- If in the opinion of the Commissioner, town vending committee · persistently makes difficult in the performance of duties imposed on it by/or under the Act and these rules or exceeds or abuses it pow�rs, the Commissioner may, by order, dissolve such tov\11 vending committee and Qrder to constitute a fresh town vending committee. l'.f� �' � 24 � 2017 11. Procedure for meeting of Town Vending Committee.- (1) The town vending committee shall decide in its first meeting, the various procedural aspects relating to conduct of its business. (2) The meetings of the town vending committee shall be held atleast once in six months, but whenever it is necessary special meeting may be called by the Chairperson at any time: Provided that the time between two consecutive meetings shall not be more than nine months. (3) The quorum for the meeting of the town vending committee shall be one third of its total members. ( 4) The time and venue of the meeting shall be decided by the Chairperson. (5) The Member-Secretary shall issue a notice atleast seven days before of a scheduled meeting along with agenda notes: Provided that if necessary the meeting cari be called within short notice after taking due approval from the Chairperson (6) The agenda of the items to be discussed in the meeting shall be circulated to the members and uploaded on the official 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. (7) The decision shall be taken on the basis of the maj::lrity of members present at the meeting. (8) No meeting shall be carried on in the absence of the quorum and where there is no quorum, the meeting shall be adjourned. (9) The minutes of the meeting shall be signed by the Chairperson and shall be placed in the subsequent meeting of the committee for confirmation. (10) The minutes of the meeting shall be uploaded on the website of urban local authority. (1 i) The first meeting of the nev;!y constituted town vending committee shall be fixed within forty five day� from the date of its constitution. 12. Status paper and street vending scenario shall be put up by the Urban Local Authority.- After the procedural details are finalized by the Town Vending Committee, and before it takes up the regular business, the urban local authority shall circulate a status paper of the street vending scenario in the city or town amongst the members of the committee containing the fello\ving details, namely:- ( 1) The areas of street vending in the city or town indicated in the maps; (2) The numoer of street vendors in the city or town where a survey has :already been conducted, otherwise indication can be given about the approximate numbers; (3) Information about the high footfall areas, lean footfall areas and midrange areas from the street vending angle; 352 (34) "B� �' � 24 � 2017 ( 4) The areas of seasonal vending, areas of niche market, areas of night bazars, the likely high footfall places in the areas under development; (5) A broad category of articles sold; (6) The problem areas from the traffic angle; (7) Enumeration of the relevant provisions of the Food Safety and Standards Act, 2006 (No. 34 of 2006). (8) Enumeration of health and hygiene aspect needs to be taken care of by the street vendors. Explanation: Caution should be taken to ensure that the data presented are authentic to the extent possible and up-to-date. This will virtually be from 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; and (9) Any other relevant issue pertaining to street vending scenario etc. 13. Functions of Town Vending Committee.- Without prejudice to any other provisions of the Act, a Town Vending Committee shall perform the following functions and duties, namely:- (1) To conduct surveys within the area of its jurisdiction to identify the street vendors in the area and ensure their accommodation in accordance with the norms, plan and the holding capacity within the area of its jurisdiction. (2) Where the committee considers it necessary to change zoning or the area to be allotted to individual vendor, it may draw attention of the urban local authority io suitably i;nodify the plan. After obtaining opinion of the urban local authority, the committee shall take final decision thereon. (3) While making recommendations and suggesting a.11y changes in the vending zones, the committee shall take into .consideration the road width, traffic flow and the pedestrian movement in the area concerned. ( 4) To issue and renew certificate of vending to an eligible street vendor after obtaining an undertaking from him/her to compl�· with the terms and conditions subject to which the certificate of vending is issued as specified in rules/ schemes. (5) To withhold, cancel or suspend certificate 0f vending of street vendors who commit breach of any of the conditions thereof or any other terms and conditions specified for regulating street vending under the Act or these rules or scheme made under the Act . or where the town vending committee is satisfied that such certificate of vending has been se�ured by the vendor through misrepresentation or fraud. (6) To recommend to the urban local authority an area in its jurisdiction for declaration of the same to be a non vending area. (7) To identify sites and spaces for vending and hawking. (8) To regulate timings for vending to ensure non con_gestion of public spaces. (9) To ensure enforcement of corrective mechanism against defiance by street vendors. (10) To follow up cases of dispute pending before the dispute redressal committee and the urban local authority. (11) To furnish recommendations to the urban local authority in relation to the preparation of plan to promote the vocation of street vendors. (12) 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 with,in which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein. (13) To maintain up to date records of registered street vendors and street vendors to whom certificl!te of vending has been issued in accordance with the provision of the Act and the rules as prescribed in the Scheme. (14) To carry out social audit of its activities under the Act or these rules or the scheme made there under. ( I 5) To furnish from time to time to the. Commissioner and the urban iocal authority such returns as may be prescribed under the Act, these rules and scheme. (I 6) To furnish comments to the Commissioner for undertaking promotional measures of making, available credit, insurance and other welfare schemes of social security for the street vendors. (17) To raise awareness among the people, the role of street vendors in the economy. (18) To declare, on the recommendations of the urban local authority, the natural market, weekly market, heritage market, festive market, seasonal market, night bazar and niche market with their exact location and the sp.ecific period in case of seasonal market or festive market. Where such markets are evolving a new, the committe·e shall get the necessary survey carried on of the area and such other aspects as it deems necessary and declare the place a market of any of the aforesaid mentioned categories, depending on the situation. (19) To perform such other functions a� assigned by the urban local authority or t:1e Commissioner for effective implementation of the provisions of the Act and rules made thereunder. 14. Office and Employees of the Committee.- (!) The town vending committee shall have its permanent office at such place as may be decided by the Chief Executive Officer. • (2) The Chief Executive Officer shall provide adequate staff at their cost as requested by the town vending committee but no pennanent burden shall be created by the committee on account of the establishment cost. 15. Appeal against decision or order of Town Vending Committee.- Cl) A.ny person, aggrieved by the decision or order of the town vending committee, \Vith · respect to issue of certificate of vending or cancellation or suspension of certificate of ven�ng may prefer an appeal to the Collector of the district under whose junsdiction urban local authorit_; lies, \vithin a period of thirty days from the date of communication of order /decision of town vending committee, in Form-II either himselfi'herself or through his/her representative. (2) A · copy of order of the town ,- :nding (: 1)nu;, itt ·. · ,:winst which appeal is filed shall be enclosed. (3) Any appeal filed after the expiry of the stipulated period specified in sub­ rule( 1) shall not be entertained by the Collector: Provided that the Collector may condone the delay if H .. . s :,i, 1.1si1c-.i thal the appellant was prevented by sufficient cause from preferring an appeal within the stipulated period. (4) No appeal shall be entertained unless a copy thereof has been served upon town vending committee which has made the order appealed against prior to filing of such appeal and proof of such service has been filed along with the appeal. (5) The Collector shall dispose of such apptal within a period of thirty days from the date of filing of the appeal. (6) The Collector, after hearing both parties shall pass an order in ·writing with reasons for taking such decisicn. 16. Appeal against decision or order of Grievance Redressal Committee- . (1) Any person, aggrieved by the decision of the_ g:1evanc� redressal ,.:omr:;ittee may prefer an appeal in writing to the Divisional Revenue Commissioner, who has been authorized as a Appeallate Authority for this purpose by the Commissioner, within a period of thirty days from the date of communication of order/decision of the grievance redressal committee in Form III either l1imself/herself or through his/her representatiw. (2) Any appeal filed after the expiry of the stipulated period specified ir: sub-rule (1) shall not be entertnined by the Divisional Revenue Commissioner: Provided that the Divisional Revenue CornGlissioner may cox:done the <lday if it is salis.fieu that tht:: appdlanl was prevented by sufficirnt cause from preferring an appeal ,v:thjn the stipulated period. (3) No appeal shall be entertained unless a copy thereof has been served Llpon grievance redressal committee which has made the order appealed aga!nst, prior to filing of such appeal and proof of such service has Ui tiled alongwith the appeal. ( 4) The Divisional Revenue Commissioner, on receip� of appeal, ::,hall 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 appeal. ,_SJ The Divisional Revenue Commis.sioner, after hearing both parties, shall pass an order in writing within a period of thirty days from the date on which hearing of both the parties concluded. 17. Manner of maintaining upto-date record of street vendors.- ( I) The paper records of the town vending committee shall be maintained by its · secretariat in the place alJotted by the local authority and the soft copy should also be maintained suitably. All decisions taken by the town vending committee shall be placed on a website. (2) The rewrds relating to the allotment of the space to the street vendors 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. (3) The street or road plari with the existing site of the street vending shall be a permanent record with the town vending committee. 18. Manner of publishing summary of Scheme- The summary of the Scheme notified by the State Government under section 38 of the Act shall be published by the urban 1oca1 authority/Urban Administration and Development Department in two local newspapers and shall also be uploaded on the website. Such publication of scheme by the urban local authority/Urban Administration and Development Department shall be made within 15 days from the date of scheme notified by the State Government. 19. · Furnishing of returns to the State Government- Every _town vending committee shall furnish from time to time, return as required under the Act, these rules and as prescribed by the Commissioner, along with the details specified in Form VII and VIII, to the Commissioner. 20. Removal of difficulties- In case of any doubt or difficulty arises in giving effect to the provisions of these rules, the same sha1I,be referred to the State Government, on which the-decision of State Government shall be final. 21. Repeal and Saving- All rules, bylaws and orders if any, on this subject in force immediately before the commencement of these rules are hereby repealed and ceased to have effect. Provided that, in respect of any order issued or any action taken under the so repealed rules, bylaws and orders it shall be deemed to have been issued or action taken under the corresponding provisions of these rules. By order and in the name of the Governor of Madhya Pradesh, GOPAL CHANDRA DAD. Dy. Secy. SCHEDULE Manner of election of the members of the Town Vending Committee from amongst the street vendors:- (1) The Chief Executive Officer shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the street vendors of the area under the jurisdiction of the urban local authority. (2) The notification shall give the number of members which are to be elected. Such number shall not be less than 10 or 40% of total members of Town Vending Committee. Out of total members to be elected at least one-third of members shall be amongst the women members and due representation shall be given to the Schedule Castes, Scheduled Tribes, Other Backward Classes and persons with disability amongst the members representing street vendors as per district reservation roster of the Government. · Due representation . shall also be given to the minority. . (3) The Chief Executive Officer shall appoint a returning officer for the purpose of conducting election of members of the Town Vending Committee representing the street vendors of the area under the jurisdiction of the urban local authority. (4) The returning officer appointed under clause 3 shaH conduct the elections for the members of the Town Vending Committee from amongst the street vendors in the manner provided hereinafter. (5) A mobile vendor, stationary vendor or street vendor shall be disqualified to be elected as member of Tov.n Vending Committee if he/she is convicted of an offence involving moral twpitude or ne/she is physically or mentally incapable of discharging duties as a member of a Town Vending Committee. (6) The Chief Executive Officer 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. (7) A� soon as the notification expressing the intention ·of the Chief Executive Officer to conduct elections of the members of the Town Vending Committee representing the street vendors has been issued and appointment of a returning officer for conducting the election, the Urban local authority shall by a resolution determine the date, time and r,lace for conduct of the election. (8) The notice of the resolution or decision of the Urban local authority shalr 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 Hindi newspapers; (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 by affixing it 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 (ii) Classes, women, persons with disabilities, minorities or any othe specified categories; The date, place and lhe hours between which nomination papers shal be filed, such date being not less than seven clear days before the dat, fixed for election or if that day happens to be public holiday, the nex succeeding day which is not a public holiday; (iii) The date and the hour for scrutinisation of the nomination papers; (iv) The date, place and the hours of the polling. (9) The Chief Executive Officer shall prepare a list of street vendors engaged in the vocatior of street vending in the area of iurisdiction of the Town Vending Committee as it stood or. thirty days before the date fixed for inviting the nominations and pubJish copies of the said list by affixing it on the notice board 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 ·of certificate of street vending and name of the street vendor, name of father or husband, as the case may be, and his address. It shall be the duty of the Town Vending Committee or the Urban local authority, as the case may be, to prepare up-to­ date register of street vendors and such other registers as the returning officer may require and handover such records or registers to the returning officer thirty days prior to the date fixed for the ·purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the Chief Executive Officer or the returning officer, as the case may be, to any street vendor on payment of such fee as specified by the Urban local authority. (10) The nominations of the candidates for election shall be made in Form-IV which shall be supplied by the returning officer to any street vendor free of cost. (11) The candidate shall make a security deposit decided by Tov.n Vending Committee (not less than Rs. 500) in cash or bank draft or pay order alongwith the nomination papers. If · a candidate fails. to get one sixth of the votes polled, the security deposit shall be forfeited _to the Urban local authority. (12) Every nomination paper shall be presented in person by the candidate himself/herself or by his/her proposer or seconder to the returning officer. The returning officer sha1l enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt of 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 its receipt shall be rejected. (13) After nomination process is over, the returning officer shall proceed as under:- (a) on the day following the date fixed for the receipt of nomination papers, shall take up the scrutiny of the nomination papers; (b) shall exmnine the nomination papers and decide objections in respect of any nomination and may either on such objection or on his/her 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/her name or the name 352 (40) l=!� �' � 24 � 2017 of his/her proposer or seconder or any' other particulars relating to the candidate or his/her proposer or seconder, as entered in the list of street vendors referred to in clause 9 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt. ( c) 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 nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid; ( d) The returning officer shall endorse on each nomination paper his/her decision accepting or rejecting the same and if the nomination paper is rejected she/he shall record in writing a brief statement of his reasons for such rejection; and ( e) 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/her control. (14) The list of valid nominations as decided by the returning officer with names in English alphabetical order and addresses of the candidates as give11 in the nomination papers shall be displayed or published on the same day on which the scrutiny of the nomination papers is completed. ( 15) Any candidate may withdraw his/her . candidature by notice in writing signed by him/her and submitted in person, at any time after the presentation of his nomination paper but before 5:00 PM on the day foJJo,ving the day on which the valid nominations are published, to the returning officer of the Town Vending Committee. A notice of withdrawal of candidature once given shall be irrevocable. ( 16) 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 a.nd dedare them to have been duly elected to the Town Vending Committee after. closing hour of the day of withdrawal of candidatures fixed under clause ( 15) .above. Where the number of candidates 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 in Form-V. (] 7) The Urb� 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)etter to the returning officer, appoint an agent to represent him/her for both the places where polling is held to identify the voters and to watch the recording of votes. Such ktter shall contain consent in v.rriting of 1he agent concerned in Fonn-VI. ( 18) The canvassing for votes by any person at any place where election is to be conducted shall be prohibited. ( 19) 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 ll� �' � 24 � 2017 352 (41) it up and fix his/her seal. -{he <.:an<lidate or h�s/her agent may also affix his/her own seal, if he/she so desires. (20) Every street vendor or voter who desires to exercise his/her right to vote shall be supplied with a ballot paper containing the names of the contesting candidates arranged in English alphabetical order either 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 the persons to whom he /she wants to vote. (21) 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. (22) No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or the voter concerned is the same. person as noted in the list furnished to him/her. On receipt of such ballot paper the street vendor or voter shall proceed to the poliing comp.rrtment se.t up for the purpose and indicate the person or persons in whose favour he/she exercises his/her vote by inscribing a mark [x] against the names of the candidate or candidates, as the case may be, and drop the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other phy�ical 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 shall ascertain from him the candidate or candidates in whose favour he/she desired to vote, inscribe the mark [x] on his/her behalf and drop the ballot paper in the ballot box. (23) If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray at such elections and it is not possible to take the poll for any suffident cause, the returning officer may stop the polling recording his/her reason for such action in the minute book of the Town Vending Committee. (24) No street vendor or voter shall be admitt1:;d after the hours fixed for the poll but a voter who c:nters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed him/her to vote. (25) The counting of votes shall take place immediately after closure of the poll. If this is not possible, the ballot box shall be sealed with th� seal of the returning officer and the contesting candidates or their agents, if they so desire, and deposit such ballot box with the Urban 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 otlicer. Each candidate and his/her authorized agent shall have a right to be present at the time of counting. But absence of any candidate or his/her agent at the time of counting shall not vitiate the counting and the announcements of results by the returning officer. The number of votes secured by each candidate and the result of election shall be announced by the returning officer as soon as the counting is over. (26) 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 To-wn Vending Committee. (27) In case of equai numbe£ of votes, the returning officer shall declare the election result by tossing coin. (28) The ballot paper shall be rejected by the returning officer if,- (a) It bears any mark by which the street vendor's vote can be identified; (b) It does not bear the seal of the Town Vending Committee or the initials of the returning officer; ( c) The mark indicating the vote thereon is placed in such a manner as to make it doubtful to which the candidate vote has been casted; and ( d) Is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. (29) . After the declaration of the result of ele_ction, the same alongwith a report thereon �hall be communicated to the Urban local authority as well as to the Commissioner by the. returning officer, within three days from, the date of declaration of the election result. (30) After the declaration of the result of the election, the returning officer shall handover the ballot paJJer and records relating to the elections of the members of the Town Vending Committee to the Chief Executive Officer. in a sealed cover. These shall safely be preserved by the Urban local authority for a period of six months from the date of elections or till such time a dispute regarding elections, if any, filed is disposed of, whichever is later and shall thereafter be destroyed by the Urban local authority. A copy of the handing over and taking over record of election shall be sent to the Commissioner as well as to the Chief Executive Officer by the returning officer along with his/her report. Place: Date: FORM-I (See rule 5) APPLICATION BY THE AGGRIEVED STREET VENDOR TO THE GRIEVANCE REDRESSAL COMMITTEE Application No . ............................. of20 .. . ........................ Applicant 'Vs 1. Name of Applicant: 2. Address for correspondence: 3. ID Number given. by local authority (if issued): 4. N:1mber and the date of issue of certificate for vending: 5. Place or location ofvendii1g: 6. Zone or ward of vending: 7. Nature of vending: (I). Mobile (2) Stationary (3) Any other (specify) 8. Grievance against which authority: 9. Details of grievance or dispute (give full details): 10. Documents supporting grievance or dispute: I. 11. Declaration: 1,------------------------------------------------------------------------ the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this application within the time limit prescribed in the rules. Signature of applicant FORM-II (See rule 15) APPEAL BY TI-IE AGGRIEVED STREET VENDOR TO THE APPELLATE J\.UTHORITY AGAINST DECISION OF THE TOWN VENDING COMMITTEE Application No . ............................. of 20 .. . • .. .. . .. .. • • .. • . . • .. • • • . . . .. . . Applicant Vs 1. Name of Applicant: 2. Address for correspondence: 3. lD Number given by local authority (if issued): 4. Number and the date of issue of certificate for vending: 5. Place or location of vending: 6. Zone or ward of vending: 7. Nature of vending: (1) Mobile (2) Stationary (3) Any other (specify) 8. Order of Town Vending Committee against which this appeal is preferred (Copy enclosed): (l) Rejection of certificate of vending (2) Suspension of certificate of vending (3) Cancellation of certificate of vending 9. Details of grounds of Appeal (give full details): ID. Documents supporting Appeal: J. 11 . Declaration: 1,---------------.;------------------------------------------------------,the applicant, do hereby solemnly declare that what is stated above is true to the best ofmy knowledge and information anlfiles this application within the time limit prescribed in the rules. Place: Date: Enclosed: Signature of applicant l'.[��' � 24 � 2017 (See rule 16) APPEAL BY THE AGGRIEVED STREET VENDOR TO THE APPELLATE. AUTHORITY AGAINST DECISION OF TIIE GRIEVANCE REDRESSAL COMMITTEE Application No . ............................. of20 .•• ........................ Applicant Vs 1. Name of Applicant: 2. Address for correspoRdence: 3. ID Number given by local authority (if issued): 4. Number and the date c,f issue of certificate for vending: 5. Place or location of vending: 6. Zone or ward of vending: 7. Nature of vending: (I) Mobile (2) Stationary (3) Any other (specify) 8. Decision of Grievance Redressal Committee against which appeal is preferred: 9. Details of grounds of appeal (give full details): JO. Documents supporting appeal: l. 1.1. Declaration: 1,------------------------------------------------------------------------the applicant, do hereby solemnly declare that what is stated above is true to the best ofmy knowledge and information and files this application within the time limit prescribed in the rules. Place: Date: To, Sir, FORM-JV [See Rule 7 (g) and clause IO of Schedule] NOMINATION FORM FOR ELECTION OF MEMBERS OF TOWN VENDING COMMITTEE 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 .......... : ....... · .................. ) hereby, propose the name of- Shri/SmtJ Ms ...................................... wife/ son/ daughter of Shri. ....................... and a street vendor of the · said 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/ certificate of Vending No ............................ . J , ............................ ,vife/ son/ daughter of Shri .................................... Registration :' certificate of vending No ................................. of ........................... Town Vending Committee, hereby second the above proposal. Name and signature of the Seconder. .............................. . Registn::tion/ certificate of Vending Ne ..... : ..................... .. DECLARATION BY THE CANDIDATE , .................................. wife/ son/daughter of Shri.. ...................... , Caste ...... Scheduled in the area of jurisdiction of the Town Vending Committee,( Registrz·,tion/ certificate of Vending No .............................. : ..... ) hereby agrees to my nomination for ihe election as member of the ... ... .' ................... ,.,Town Vending Committee. I further declare that - (i) I am npt employee of the said Town VendiLJg Committee; (ii) I am eligible to vote; and (iii) I do not incur any disqualification for ciection as member of the said Town Vending Committee under the provisions of thf., Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act No 7 of2014) and the Madhya Pradesh Street Vendors(Protectiw1 of Livelihood and Regulation of Street Vending) Rules, 20 I 7 made thereunder. Name and signature of the Candidate ........................... : ... . .:r� �' � 24 � 2017 352 (47) (FOR OFFICE USE ONLY) Received the nomination format ............................... (time and date) Signature of the Returning Officer .................................... .. ACKNOWLEDGEMENT Received the nomination form of ......................................... presented by Shri/ Smt./ Ms ............................................ candidate/ proposer/ seconder for the election at. ....... '. ............ : .... ., .................. am/pm. On ...................................... .. Signature of the Returning Officer ............................. : ...... .. Seal FORM-V (See Rule 7 (2)(g) and claw;e 16 (•"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 appended to the Madhya Pradesh Street Vendors (Protection of Livelihoods and Regulation of Street Vending) Rules, 2017. The ............................. Stree_t Vending Committee ....................................... (address) (Counterfoil) Ballot paper for the post of ......... : ........................... . Date of election ................................ : ..... : ............ .. Sr. No ................................ Registration/ Certificate of vending no ................. . Ballot Paper.No ....................................... . Please mark [x) against one of the candidates I - Name of the candidate Registration/ certificate of Vending No. Mark for casting Vote FORM -VJ jSee Rule 7 (2)(g) and clause 17 of Schedule] Letter for Appointment of Election Agent/ Counting Agent I, .................... ............................ wife/son/daughter of Shri ............... ..................... .Registration /certificate of vending No ............... of ......... Town Vending Committee contesting for election of member of the said committee, hereby nominate the following person as my election agent I counting agent m the election of Members of the said Town Vending Committee to be held on ............................. (specify date):- Name and Signature of the Candidate .................................. . Registrafion/ certificate of Vending No . ............................... . I, ............................. : ..... ........ son/wife/ daughter of Shri ........................................ : .......... . address ........ ...................... ................................. , ....................................................... . . . . . am willing to be the election agent/ counting agent. Si�nature of the Agent '1� �' � 24 ffl 2017 FORM-VII (See rule 19) DETAILS OF THE PERIODICAL RETURNS TO BE FURNISHED TO THE COMMISSIONER ......................... .......................... ......... Municipal Corporation or Municipal Council or Nagar Parishad at hereby submits the following details of the periodical return for quarter ending ......................................................... (March or June or September or December), 20 ..••.. l. Details of certificates issued, rejech:d, suspended and cancelled during the quarter. Details Applications Accepted Rejected Renewed Suspended Cancelled or issued Pending at the beginning of the quarter Newly received Total Cleared during the quarter the end of the quarter 2. "!'�umber of newly surveyed street vendors and their complete detaiis including name of street vendor, address, place of vending, type ofve11ding, etc. 3. Number of the meetings of the Town Vending Committee held. 4. Details of newly vending areas earmarked, if any, with its holding capacity. 5. Details of social audit done, if any. 6. Details of promotional measures taken for avaibbility of credit, insurance and other welfare schemes of social security for street vendors. 7. Any other infonnation, as directed by the State Gov.ernment from time to time. Signature Commissioner of Municipal Corporation/ Chief Municipal Officer of Municipal Council or Nager Parishad 352 (50) i:r� �' � 24 � 2017 FORM -VII! (See rule 19) ANNUAL RETURN OF THE TOWN VENDING COM:\11TTE[ 1. Return for the financial year ended ................................................... · .. ·· ... 2. Name of the Town Vending Committee filing the return ................................ ·· 3. Name of the ULB ......................................................................... · · · · ··· 4. Total number of members of the Town Vending Committee ........................... .. 5. Total number of vendor-members in Town Vending Committee ....................... . 6. Number of Town Vending Committee meetings held during the year ................. .. 7. Is proper record of met:tings maintained? 8. Has survey of vendors in the town been done? I�yes, when was last survey done? ....................................................... .. 9. ·Is a Register of Vendors maintained? l 0. Was the register of vendors updated du, ing the year? 11. Number ofregistered vendors at the start of the year ................................... . 12. Number of vendors de-registered during the year ........................................ . J 3. Number of new vendors registered during the year ...................................... . 14. Number ofregistered vendors at the end of the year ..................................... . 15. Number of vendor markets in the town .................................................... . 16. Number of new vendor markets created during the year ................................ . 17. Number of vendors linked to banking ................. '. .................................... . 18. Number of vendors who were provided housing .................................. ; ...... . 19. Number of vendor against whom cases were registered during the year .. : ........... . 20. Does the Town Vending Committee have a dedicated fund? If yes, balance in the fund at the end of the yeai ........................................... . 21. Good practices, if any, which the Town Vending Committee would like to share with other Town Vending Committees ........................................................................... . (Attach separate sheet if needed) 22. Date of meeting in which the Annual Return was approved by the Town Vending Committee ..................................... . Signature and Seal of the Authorized Person