Street Vendors Act, 2014

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Street Vendors Act, 2014
Parliament of India
Long title
  • An Act to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto.
CitationNo. 7 of 2014
Territorial extentIndia
Enacted byParliament of India
Enacted6 September 2013 (Lok Sabha)
19 February 2014 (Rajya Sabha)
Assented to4 March 2014
Signed4 March 2014
Commenced1 May 2014
Introduced by
Minister of Housing and Urban Poverty Alleviation
Status: In force

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is an

Kumari Selja.[1] The Bill was passed in the Lok Sabha on 6 September 2013 and by the Rajya Sabha (upper house) on 19 February 2014.[2][3][4] The bill received the assent of the President of India on 4 March 2014.[5] The Act came into force from 1 May 2014.[6]

Street vendors in India

namkeen snacks, near upmarket Khan Market
, Delhi

According to the

cognisable and non-bailable offense.[9][10]

Over the years the street vendors have organized themselves into trade unions and associations, and numerous

NGO's have started working for them. The National Hawker Federation (NHF), based all over India, is a federation of 1400 street vendor organizations, trade unions in 28 states.[11]

History

The bill aimed at providing

Union Territory governments for creation of state legislation, however it had no legal bindings, thus few governments made any progress in this regard. Eventually in 2010, the Supreme Court of India, which has recognized street vending as a source of livelihood, directed the ministry to work out on a central legislation,[9] and a draft of same was unveiled to the public on 11 November 2011. The key point of the draft bill were, protection of legitimate street vendors from harassment by police and civic authorities, and demarcation of "vending zones" on the basis of "traditional natural markets", proper representation of vendors and women in decision making bodies, and establishment of effective grievance redressal and dispute resolution mechanism.[12]

The bill was drafted with the help of the

Kumari Selja, amidst the uproar over the coal block allocation scam in the house.[1][14] The Bill was passed in the Loksabha on 6 September 2013 and by the Rajyasabha on 19 February 2014.[2][4]

Content of the Bill

Notification of registered vendor under Act displayed by a vendor in Kolkata
  • Town Vending Committee will be responsible for conducting of survey of all the vendors under its jurisdiction, and such survey must be conducted every five years. No street vendor will be evicted until such survey has been made and a certificate of vending has been issued.
  • All street vendors will be accommodated in a designated vending zone. In case, all the vendors cannot be accommodated in the same vending zone, allocation of space will be made by drawing of lots. However, those who fail to get space in the same vending zone, will be accommodated in adjoining vending zones.
  • All street vendors above fourteen years of age will be granted a certificate of vending. However, such certificates will be granted only if the person gives an undertaking that he will carry out his business by himself or through the help of his family members, he has no other means of livelihood and he will not transfer the certificate. However, the certificate can be transferred to one of his family members if such vendor dies or suffers from permanent disability.
  • The certificate may be cancelled if the vendor breaches the conditions of the certificate.
  • No vendor will be allowed to carry out vending activities in no-vending zones.
  • In case of declaration of a specified area as a no-vending zone, the vendors will be relocated to another area. However, such street vendors must be given a notice of at least 30 days for relocation. Vendors who fail to vacate such space after a notice has been given, will have to pay a penalty which may extend up to two hundred fifty rupees per day.
  • The local authority may physically remove the vendor and make seizure of goods of such vendors who have not relocated to the vending zones.
  • There shall be a dispute resolution body consisting of a Chairperson who has been a civil judge or a judicial magistrate and two other professionals as prescribed by the appropriate government.
  • There will be a Town Vending Committee in each zone or ward of the local authority.
  • A vendor who vends without a certificate of vending or a vendor who contravenes the conditions laid down in the certificate may be penalised with a fine which may extend up to two thousand rupees.

Shortcomings

The National Hawker Federation (NHF) has pointed out that the present bill differs from the draft bill, which ensured that 'Town Vending Committees' (TVC) would have at least 40 per cent representation of street vendors, however the final bill presented in the

monsoon session of the Parliament, the civic bodies, which have no representation of street vendors, are made the final authority on all issues concerning their fate, including the rehabilitation and resettlement plans, plus the bill also have legal ambiguities, like no clear definition of "public purpose land", which makes its interpretation liable to misuse of the law.[15]

According to Sharit Bhowmik, professor and chairperson of the Centre for Labour Studies at Tata Institute of Social Sciences, Mumbai, the bill leaves the onus of creating the schemes to the local municipalities of the states, "which defeats the purpose of a Central legislation." [9]

References

  1. ^ a b c "Govt introduces street vending bill in Lok Sabha". The Times of India. 7 September 2012. Archived from the original on 4 January 2013.
  2. ^ a b "Street Vendors Bill passed in Rajya Sabha". The Hindu. 19 February 2014. Retrieved 20 February 2014.
  3. ^ "Parliament nod to bill to protect rights of urban street vendors". Economic Times. 20 February 2014. Retrieved 20 February 2014.
  4. ^ a b "Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 passed by Lok Sabha". Press Information Bureau. 6 September 2013. Retrieved 20 February 2014.
  5. ^ "Gazette Notification" (PDF). Gazette of India. Retrieved 7 March 2014.
  6. ^ "Gazette notification of Street Vendors Act, 2014" (PDF). Gazette of India, Government of India. Retrieved 4 May 2014.
  7. ^ http://www.manushi.in/articles.php?articleId=1566#.VJju4V4AB4
  8. ^ "Vibrant Markets & Streets, street Vendors as Economic Agents. [Social Impact]. ICP. Inclusive Cities Project (2008-2014)". SIOR, Social Impact Open Repository.
  9. ^ a b c "Street Vendors: Tabled in Parliament's last session, this Bill could bring security to our urban poor". Mint, Lounge. 2 November 2012.
  10. ^ "Reclaiming the city for street vendors". The Hindu. 3 November 2012.
  11. ^ Ritajyoti Bandyopadhyay, Streets in Motion: The Making of Infrastructure, Property, and Political Culture in Twentieth-century Calcutta, Cambridge: Cambridge University Press, 2022: https://www.cambridge.org/core/books/streets-in-motion/2D42F4BF0D2086A1DBB254A5120ACB42, https://doi.org/10.1017/9781009109208
  12. ^ "Kumari Selja unveils..Central Legislation for Street Vendors". Press Information Bureau, Ministry of Housing and Urban Poverty Alleviation. 11 November 2011.
  13. ^ "Bill on street vendors to be introduced in Parliament". The Hindu. 18 August 2012. Retrieved 3 November 2012.
  14. ^ "Bill in Lok Sabha to protect rights of street vendors". The Economic Times. 6 September 2012.
  15. ^ "Street vendors find shortcomings in Bill". The Hindu. 5 November 2012.

External links

  • Sen R.K. and Gupta S. (2018). Economic Existence of Street Vendors and their Role in Urban Economy: A Cost Benefit Approach, 5, (2.6) 95-102
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