The document discusses the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 which aims to regulate street vending in India and protect the rights of street vendors. Some key points include: the Act was passed in 2014 after previous policies in 2004 and 2009; it defines street vendors and outlines regulations around permits, vending zones, vendor rights and responsibilities, and dispute resolution mechanisms; and the Supreme Court has upheld the rights of street vendors to carry out business if properly regulated.
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Street vendors act, 2014
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AN ANALYSIS OF STREET
VENDORS (PROTECTION OF
LIVELIHOOD AND REGULATION OF
STREET VENDING) ACT, 2014
Lakshminarayanan Alaguraja
Advocate
Altacit Global
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Introduction
Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 is an Indian
legislation aimed to regulate street vendors in public
areas and protect their rights. It was introduced in
the Lok Sabha (Lower House of the Parliament of
India) on September 6, 2012 by then Union Minister
of Housing and Urban Poverty Alleviation, Kumari
Selja. The Bill was passed in the Lok Sabha on 6
September 2013 and by the Rajya Sabha (upper
house) on 19 February 2014. The bill received the
assent of the President of India on 4 March 2014.
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HISTORY
• The bill aimed at providing social security and livelihood rights to street
vendors, has its origins in the 'The Street Vendors Policy' introduced in
2004, which was later revised as 'National Policy on Urban Street Vendors,
2009.
• Also in the same year, the Ministry of Housing and Urban Poverty
Alleviation circulated a draft of bill titled, 'Model Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Bill, 2009',
between all States and 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, and a draft of same was unveiled to the public on
November 11, 2011.
• The key point of the draft bill were, protection 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.
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
STREET VENDORS
“street vendor” means a person engaged in vending
of articles, goods, wares, food items or
merchandise of everyday use or offering services to
the general public, in a street, lane, side walk,
footpath, pavement, public park or any other public
place or private area, from a temporary built up
structure or by moving from place to place and
includes hawker, peddler, squatter and all other
synonymous terms which may be local or region
specific; and the words “street vending” with their
grammatical variations and cognate expressions,
shall be construed accordingly.
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Overview
• CHAPTER I- PRELIMINARY
– Short title, extent, commencement and provisions.
• CHAPTER II - REGULATION OF STREET VENDING
– Survey of street vendors and protection from eviction or
relocation.
– Issue of certificate of vending.
– Conditions for issue of certificate of vending.
– Categories of certificate of vending and issue of identity
cards.
– Criteria for issuing certificate of vending.
– Vending fees.
– Validity and renewal of certificate of vending.
– Cancellation or suspension of certificate of vending.
– Appeal from decision of Town Vending Committee.
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
• CHAPTER III - RIGHTS AND OBLIGATIONS OF STREET VENDORS
– Rights of street vendor.
– Right of street vendor for a new site or area on relocation.
– Duty of street vendors.
– Maintenance of cleanliness and public hygiene.
– Maintenance of civic amenities in vending zone in good condition.
– Payment of maintenance charges.
• CHAPTER IV - RELOCATION AND EVICTION OF STREET VENDORS
– Relocation or eviction of street vendors.
– Seizure and reclaiming of goods.
• CHAPTER V - DISPUTE REDRESSAL MECHANISM
– Redressal of grievances or resolution of disputes of street
vendors.
• CHAPTER VI - PLAN FOR STREET VENDING
– Plan for street vending.
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
• CHAPTER VII - TOWN VENDING COMMITTEE
– Town Vending Committee.
– Meetings of Town Vending Committee.
– Temporary association of persons with Town Vending Committee
for particular purposes.
– Office space and other employees for Town Vending Committee.
– Publication of street vendor’s charter and data-base and carrying
out of social audit.
• CHAPTER VIII - PREVENTION OF HARASSMENT OF STREET VENDORS
– Prevention of harassment by police and other authorities.
• CHAPTER IX - PENAL PROVISIONS
– Penalty for contraventions.
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
• CHAPTER X – MISCELLANEOUS
– Provisions of this Act, not to be construed as conferring
ownership rights, etc.
– Returns.
– Promotional measures.
– Research, training and awareness.
– Act to have overriding effect.
– Powers to delegate.
– Power to amend Schedules.
– Power to make rules.
– Power to make bye laws.
– Scheme for Street Vendors.
– Power to remove difficulties.
• THE FIRST SCHEDULE -PLAN FOR STREET VENDING
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Critical Highlights
• The Number of street vendors accommodated in each vending
zone would be 2.5% of the population of the ward, zone, town or
city. In case the number of applications exceeds the holding
capacity of a vending zone, the TVC would call for a draw of lots
for issue of certificates. Remaining applicants could be
accommodated in an adjoining vending zone.
• Street vendors will comprise at least 40% of the members elected
from among themselves. The Act states that the number of other
members, as may be prescribed, would be nominated by the
government representing the medical officer of the local authority,
the local authority, the planning authority, traffic police,
association of street vendors, market associations, traders
associations, non-governmental organisations, community-based
organisations, resident welfare associations, banks and such other
interests as it deems proper.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The Supreme Court has restrained all
states and Union Territories from taking
any action against them and directed the
governments to implement the 2009
national policy for their regulation.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Sodan Singh and Others versus NDMC Supreme
Court case ruling in 1989.
If properly regulated according to the exigency of the
circumstances, the small traders on the sidewalks
can considerably add to the comfort and
convenience of the general public, by making
available ordinary articles of everyday use for a
comparatively lesser price. An ordinary person not
very affluent, while hurrying towards his home after
a day’s work, can pick up these articles without going
out of his way to find a regular market. The right to
carry on trade or business mentioned in Article 19
(1) of the Constitution, on street pavements, if
properly regulated, cannot be denied on the ground
that the streets are meant exclusively for passing or
re-passing and no other use.
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Maharashtra Ekta Hawkwers Union & ... vs
Municipal Corporation, Greater Mumbai
1. Within one month of the receiving of the order of the Court, all State
Governments and UTs shall issue necessary direction to ensure that Town
Vending Committees are constituted in accordance with the provision of 2009
policy. 40 percent members of the TVC will be representatives of the Street
vendors. The TVC, so constituted shall have all powers of identification of
vending/ no vending zones, registration of street vendors and shall be
primarily responsible for regulation of street vending.
2. The constitution of TVC will be completed within two months.
3.The TVC shall strictly function in accordance with the Policy and in free and
transparent manner.
4. All Street Vendors shall be registered within 4 months of the receipt of the
copy of this order.
5. The Governments and Municipal and local authorities shall take all the
steps necessary for achieving the specific objectives of the Policy set out in
paragraph 3.2 of the Policy.
6. The TVC shall meet every month and ensure implementation of paragraph
4.5.1 ( provision for felicitating natural market, weekly bazars etc.)
7. PCO's/ Aarey / Sarita stalls allotted to physically handicapped persons in
Mumbai shall be allowed to sell other goods because running of PCO's etc. is
no longer viable.
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Some Important instructions to
High Courts
• It shall be open to approach the High Courts in respect of
implementation of the direction passed by this Court and
for all other related matters.
• The Chief Justices of the High Courts are requested to
constitute special bench(s) for hearing street vending
matters. The Bench shall enforce the National Policy on
urban street vendors, 2009 or the law which may be
enacted by the Parliament or other competent legislature.
The High Court shall ensure compliance of the direction
passed by the Supreme Court.
• The litigants of Applications/ petitions of street vendors
pending in the Supreme Court may approach the High
Courts under Art. 226 for redressal of their grievances.
• The High Courts will take into account the earlier orders
passed
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Thank You