Haryana Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2020

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 82–2020/Ext.] CHANDIGARH, FRIDAY, JUNE 12, 2020 (JYAISTHA 22, 1942 SAKA)

HARYANA GOVERNMENT

URBAN LOCAL BODIES DEPARTMENT

Notification

The 12th June, 2020

No. 3/2/2020 R-II.— In exercise of the powers conferred by section 38 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7 of 2014) and subject to the other provisions of the Act and the Rules made there under, the Governor of Haryana is pleased to frame the following Scheme for the street vendors, namely:–

Short title and commencement 1. (1) This scheme shall be called the ―Haryana Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2020‖.

(2) It shall come into force on the date of its publication in the official Gazette.

(3) This scheme shall be applicable to all municipalities and development authorities in the State of Haryana.

Definitions 2. (1) In this Scheme, unless the context otherwise requires,-

(i) ―Act‖ means the Street Vendors (Protection of Livelihood and Regulation of

Street Vending) Act, 2014 (Central Act 7 of 2014);

(ii) ―vending category‖ means vending activities in following categories:

(a) unprocessed food;

(b) processed food;

(c) stationary goods;

(d) clothing;

(e) household articles;

(f) automotive goods;

(g) flowers;

(h) electronic goods;

(i) ―Heritage Market‖ means a market which has completed more than fifty years in one place 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;

(1109)1110 HARYANA GOVT. GAZ. (EXTRA.), JUNE 12, 2020 (JYST. 22, 1942 SAKA) (j) ―Night Bazaar‖ means a bazaar where sellers and buyers have traditionally congregated for the sale and purchase of products or services after evening i.e. during night and has been determined as such by the local authority on the recommendations of the Town Vending Committee.

(k) Any other category, which the Town Vending Committee decides to

include.

(iii) ―Form‖ means the Form appended to this scheme;

(iv) ―vending mode‖ means vending carrying out modes of following categories:

(a) mobile vending is vending from one place to another through push-

cart, Rehri or any other human powered cart;

(b) mobile vending using motor vehicle is vending business using motor vehicle of any description, the operation or movement of which requires a license under the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or any other law in force.

(c) Stationary vending is vending at fixed place by establishing

temporary structure.

(d) Stationary vending on pushcart (Rehri) is vending at fixed place with

goods on pushcart.

(e) Temporary vending at mela, events, festivals and other temporary

events.

(f) Peripatetic vending who carry out vending on foot and sell their goods and services and include those who carry baskets on their head/slung on their shoulders and those who sell their goods on pushcarts.

(v) ROW i.e. width of road and inclusive of carriageway and roadside services.

(vi) ―Rules‖ mean the Haryana Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Rules, 2017.

Words and expressions defined in the Act and the Rules and used in this scheme shall have the same meanings as respectively assigned to them in the Act or the Rules.

Manner of conducting survey

3. The Town Vending Committee shall conduct the survey itself or get it done by engaging a professional agency using modern technology within their respective areas to study the need of street vendors and consumers.

(a) The survey shall include:-

(i) The details of street vendors such as name, address, location (Geo- coordinates of the place of vending), category of vending activity, mode of carrying out vending and other details in survey app or specified in Form-I.

(ii) The extent, type and demand of vending activities in different localities.

(iii) Survey shall be conducted three times in a day on the times as specified

below:

(a) Morning time -7.00 A.M to 12.00 P.M

(b) Afternoon -2.00 P.M to 6.00 P.M

(c) Night time -6.00 P.M to 11.00 PM

(b) Adequate publicity of the proposed survey shall be given:-

(i) on its website;

(ii) by publishing in any two prominent local newspapers published in the local

language of the area;

(iii) by placing it on the notice board of their offices;

(iv) By placing a copy in any conspicuous place in the local market within the

jurisdiction of the local authority.

(v) The survey outcome shall be available in the digital format and may be

video-graphed or still photographed for each surveyed vendor.

(vi) The survey form shall be generated using a software and shall be filled on the spot including use of tablet, GPS coordinates and uploading of all documents, including photograph of vendor.

(vii) The process of survey shall be completed within a period of six months

from the initiation of survey.

(viii) The Town Vending Committee shall conduct surveys for identification of

street vendors once in every 5 years, after the first survey.

(ix) In case the street vendor who was not recorded in the survey or came after the completion of survey may submit an application to the competent authority for registration on Form-II along with self-filled Form-I.

(x) A portal shall be launched by Urban Local Bodies Department for online registration of urban street vendor. Any person willing for registration or cancellation of registration can apply online along-with requisite supporting documents. It will be a regular and continuous process

(xi) Commissioner/Executive Officer/Secretary, Municipal Corporation/ Council/ Committee shall take decision on all the online applications as per Haryana Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 within next 7 days.

(xii) The Town Vending Committee shall put up information counter and advertisement at every Bus Stand and Railway station for the newly migrated vendors to get themselves registered for vending.

Registration 4. Registration of Urban Street Vendors

(i) The Town Vending Committee (TVC) shall register street vendors/ hawkers

identified in the survey.

(ii) The registration shall be valid for five years.

(iii) The hawker is permitted for carrying out vending only in the area of the Town Vending Committee (In case there are more than one TVC in town), to which he got registered.

5. The Town Vending committee shall follow the following criteria for issuance of vending certificate:

Criteria for issuing Vending Certificate (i) name of the person shall appear in the survey carried out by the Town Vending

Committee;

(ii) person should be a street vendor only and shall not be engaged in any other

occupation;

(iii) such person should not have other parallel vending site in any other place;

(iv) Person should carry the vending by himself or through his/her family member or employee provided that such family member or employee has completed fourteen years of age.

(v) The Town Vending Committee would have the right to change the allotted site(s)(within a vending zone) on rotation basis after a period of 3 months or 6 months or one year. The period of rotation shall be decided by the Town Vending Committee for each Vending-Zone.

(vi) The certificate of vending cannot be leased, rented or sold to any other person. An undertaking in this respect in Form III shall be submitted by the street vendor to the Town Vending Committee,

(vii) Transfer of vending license upon the death of vendor should be in favour of his/her legal heir having no license at any other place or zone in his/her name, and;

(viii) In case of shortage of space for vending, preference shall be given to the Schedule Caste, Schedules tribes, other backward classes, women, persons with disabilities and local residents.

(ix) The availability of space and the holding capacity of the vending area.

(x) Solid waste generated from stalls/ vending zones shall be segregated before disposal to Municipality as per rules/ instructions issued by Municipality from time to time.

(xi) No goods shall be sold in a plastic/polythene bag.

Vending Certificate & Identity Card

6. (1) The Town Vending Committee shall issue certificate of vending to the identified street vendors (specified as Form-IV), subject to the availability of site/ holding capacity of vending zone and submission of undertaking specified at Form-III by street vendor. A street vendor, who is issued a certificate of vending under this scheme, shall also be issued an identity card by the Town Vending Committee as per Form-V.

(2) In case the vendor wants to change the activity, the Town Vending Committee shall be informed and his/her certificate of vending shall be renewed to other activity without additional fee.

(3) The certificate of vending shall specify the vending activity, the days, vending zone, and timing to carry out vending activity as per Form-IV.

(4) The certificate of vending shall be issued on following terms and conditions accepted by the vendor, which are also required to be mentioned on the back of certificate of vending:

(i) The vendor shall not construct any permanent structure on allotted space;

(ii) The vendor in any way does not hamper the free movement of pedestrians

and traffic;

(iii) In no case, the Vendor shall have the right to carry out vending activity permanently at an allotted site and shall not claim any right for allotment a site on permanent basis.

(iv) The allotted site shall be changed on rotation basis (within a vending zone) after a period of 3 months or six months or one year as decided by the Town Vending Committee. Each Vendor shall strictly follow the decision of Town Vending Committee and shift his/her vending activities at a site allotted on rotation basis within a given time period.

(v) The Town Vending Committee shall have the right to inter-change the

allotted site on mutual consent basis.

(vi) The right to restrict, evict, and relocate shall vest to the Town Vending

Committee for any act done in public interest;

(vii) The vendor shall pay the vending fee of the allotted vending site on monthly

basis and shall submit the rent to the TVC by 10th of every month;

(viii) The vendor shall not cause loss to any public property;

(ix) The responsibility of maintaining the allotted space is the liability of the

vendor;

(x) Any other condition mentioned in the Act & Rules and conditions imposed

by Town Vending Committee, from time to time;

(xi) The vendor shall be shifted to other location under exceptional

circumstances, decided by Town Vending Committee;

(xii) The vendor shall abide the provisions of the Act;

(xiii) The vendor shall not be carrying on the vending activity from any other site

in any other place;

(xiv) The vendor shall carry the vending himself/herself or through his/her family members or his/her employee who shall not be less than fourteen years of age.

(xv) The certificate of vending cannot be leased, rented or sold to any other

person.

(xvi) The family members involved in street vending, if any dependent children is involved in vending the age of child should be more than 14 years. Children below 14 years shall not be included in vending activity.

(xvii) The certificate of vending with photo shall be hanged on each vendor's

vending place.

(xviii) The Town Vending Committee shall publish the street vendor's charter annually specifying the time within which the street vendors can deposit required fee and documents and the time within which Certificate of Vending shall be renewed.

7. (1) The Certificate of Vending will be issued for the period of 1 year, subject to payment of annual fee for certificate of vending, specified in clause 10of this scheme.

Validity and renewal of Certificate of Vending (2) The town vending committee shall publish a list of defaulter street vendors who

failed to pay the fee of certificate of vending.

(3) One month grace period shall be granted for payment of annual fee for renewal of

certificate of vending without any penalty.

(4) After expiry of grace period of one month, the certificate of vending may be renewed on payment of annual fee of certificate of vending and penalty specified in clause-10 within 3 months after grace period instead of asking him to apply for a new vending certificate.

8. (1) Every street vendor shall pay monthly vending fee (including maintenance charges) to Town Vending Committee by 10th of each month as specified in clause-10 of this scheme, for providing civic amenities and facilities in vending zones.

Monthly Vending fee (including maintenance Charges) (2) In continuation of the above clause, late fee @ 10% of monthly vending fee.

9. (1) The Towns Vending Committee shall impose fine and give warning to the street vendor if he/she found guilty of breach of conditions laid down in the certificate of vending which includes the following, namely.-

Cancellation or suspension of Vending Certificate (i) He/she is carrying out vending, squatting or hawking in the area or market

other than mentioned in the certificate of vending;

(ii) misrepresented the age for eligibility to get the certificate of vending;

(iii) if the area allotted has been increased, occupying the additional area

unauthorizedly;

(iv) any permanent structure has been constructed on the allotted place;

(v) certificate of vending is rented, sold or leased out to any other person;

(vi) the certificate of vending has not been renewed after the prescribed period is

over;

(vii) Failure to pay vending fees for a period of three months.

(2) Any street vendor who has employed any child below fourteen years of age (under Child Labour (Prohibition and Regulations) Act, 1986) shall be given a warning by the Town Vending Committee. If he fails to carry out the direction given in the warning, his certificate of vending shall liable to be suspended for 15 days.

(3) Any vendor found or proved guilty of misbehaviour with any vendor (men/ women) based on the written complaint filed by the aggrieved person will lead to suspension of license for two months.

(4) The vendor shall be issued notice immediately after suspending the certificate,

which he/she is required to reply within 15 days.

(5) The certificate of vending shall only be cancelled, if the vendor is not able to submit his/her reply to the allegation based on which the Certificate of Vending is suspended. The period of 15 days shall be counted from the date on which the notice is served on the vendor or delivered to his/her last known address.

(6) In case of any criminal activity by street vendor (under any other law), the

certificate of vending shall be immediately cancelled, without giving any notice and suspension.

10. A street vendor shall pay following charges for registration, certificate of vending/ renewal of certificate of vending, vending fee, maintenance charges and penalty:

Manner of Collecting fee/ charges.

11. Every Town Vending Committee shall have a bank account and the street vendors shall deposit all the amount quarterly into that account along with such details as prescribed by the Town Vending Committee. The local authority is free to make its own arrangement for collection of fee or charges for the Town Vending Committee. Ultimately the amount so collected is to be deposited into the bank account opened separately by the Town Vending Committee. An annual audit of such account shall be carried out by the Town Vending Committee.

12. The Town Vending Committee shall declare an areas as No-vending zone, falling within area of its jurisdiction, based on following parameters:

Manner of declaring No- Vending Zone.

(i) ROW of road is less than 10 metres.

(ii) Roads with no pedestrian pathway on either side.

(iii) Area upto200 metres from boundary of defence establishments, historic/ archaeological site/ building, public buildings or as may deemed required by Town Vending Committee.

(iv) Special-Zones –Vendors around Heritage structure/ monuments, special carts to be installed which will be owned by Municipality and rent, security and fee shall be charged from the vendor.

(v) No vending zone 50 meters from roundabouts/chowks.

(vi) No vending zones around schools whereas areas surrounding hospitals and office

buildings it shall be notified as a restricted vending zone.

Relocation of street vendors 13. (1) Any project of public purpose requiring temporary or permanent shifting of the street vendors in the project related area, the concerned authorities shall:-

(i) adjust the street vendors required to be removed, to the extent possible, in

any nearby place temporarily or permanently, and

(ii) After the completion of the project, the street vendors relocated may be brought back and adjusted in the newly developed project area to the extent possible. The decision of the Town Vending Committee in this regard shall be final.

Manner of evicting street vendor 14. (1) The Town Vending Committee shall bring in its agenda and discuss the issue of eviction of street vendors, whose certificate of vending stand cancelled under clause 9, prior to the issuance of 30 days' notice of eviction.

(2) The 30 days written notice shall be served personally or by a registered post in the

name of the street vendor prior to the eviction.

(3) In case the registered post comes back undelivered, the said notice shall be pasted in the area where from such person is carrying on his vending activity. That would be deemed to be considered as the service of the notice to the person concerned.

(4) Any street vendor found pursuing the street vending activity without certificate or expired certificate and after expiry of the period mentioned in the eviction notice, the TVC is authorized to seize his/ her goods and levy default amount @ Rs. 250 for each day, but shall not be more than the value of goods seized.

(5) If within fifteen days, he/she himself/herself fails to vacate the allotted place, the

local authority shall physically remove him/her from the site, if needed, by taking police help.

15. Where the goods of the street vendor are to be seized under subsection (3) of section 18 of the Act, the following aspect requires to be taken into consideration, namely:-

Seizure and Reclaiming of goods (1) only the authorized person from the local authority shall conduct the seizure of goods, the list of goods so seized shall be made and signed by the authority, and the street vendor whose goods are seized should be given a proper receipt by the authority.

(2) The application for releasing seized goods as per Form-VI, in case of perishable

goods, shall be allowed to be submitted on the same day.

(3) The application for releasing seized goods shall be made within 30 days of seizing,

in case of non-perishable goods and within 7 days in case of perishable goods.

(4) The non-perishable seized goods shall be released within 2 working days, on

payment of penalty, which is to be deposited with the TVC.

(5) The perishable goods shall be released on the same day on payment of penalty.

(6) In case of perishable goods, if no application is made within 7 days of seizing, the

TVC is authorized to throw the perishable items, subject to the condition of goods.

(7) The TVC is authorized to auction the seized goods if no application is made to

release the goods within prescribed time.

(8) In the case of vending of goods without certificate, the charge shall not exceed Rs.

500/- for reclaiming the seized goods.

Social Audit 16. (1) The TVC shall constitute an Independent Social Audit Unit (ISAU) for the purpose of carrying out social audit. The social audit unit may comprise of resource persons, eminent citizens, representatives of street vendors and market associations and other professions who have experience in planning and worked for the betterment of street vendors and society.

(2) The social audit shall be carried out in every 3 years. The schedule shall be decided

by the TVC.

(3) The TVC shall provide details of relevant information at least a month before the process of social audit commences. The information to be provided shall be inclusive of and comprise of the following :

(i) Plan and Scheme for Street Vendors.

(ii) Street Vendor's Charter.

(iii) Status of implementation of the Act, Rules and Schemes.

(iv) Returns furnished to State Government, development authority and local

authority.

(v) Record of resolution and minutes of the meeting conducted by the TVC

during the audit period.

(vi) Record of registered street vendors and those who have been issued Certificate of Vending (COV). Details of those who have been denied registration and waiting list of street vendors.

(vii) Record of Appeals made before the local authority.

(viii) Record of all grievances/ disputes brought before the Dispute Redressal

Committee.

(ix) Record of the total number and details of relocations and evictions and

confiscation of goods of street vendors taken place in that particular year.

(x) List of restriction free/ restricted/ no vending/ time sharing basis zones,

Vending- zones and markets added during the audit period.

(xi) Previous social audit reports, if any.

(4) The social audit unit shall conduct meetings and focused group discussions with street vendors on various aspects of the implementation of the Act, Plan and the scheme. The social audit unit shall record in writing grievances of street vendors on any issue faced by them. At the culmination of the social audit process, the social audit unit shall record its findings in writing.

(5) The social audit unit shall hold a public meeting wherein TVC members and representatives of the development authority will be present and street vendors will also participate. The social audit unit shall read out its findings at the meeting. Street vendors shall be encouraged to testify and the TVC shall respond to each of the issues identified in the social audit by giving clarification and/or explanation to the affected party and the public as to why a certain action was taken or not taken.

(6) The TVC shall give adequate notice of the social audit public meeting by way of a public notice.

(7) The budget for conducting social audit shall be allocated by the TVC.

Condition for vending on private places

17. (1) Private places may be designated as restriction free/ restricted/ no-vending zone in accordance with no objection certificate of land/ property owner/ RWAs/ Market associations as the case may be and on recommendations of the TVC subject to no objections certificate from the local body/ agency and local police/ traffic police and RWA/ Group Housing Society. The TVC shall make a Memorandum of Agreement with the owner of the private place.

(2) Safety, security, traffic conditions, cause of general nuisance and demand from RWA/ Market Associations would be the basis of vending at private places.

18. (1) The Vendor shall conspicuously display his COV at the place of vending and also possess the identity card at all times.

Terms and conditions for street vending for up keeping public health and hygiene.

(2) The Vendor shall keep the street and premises around his/her place of vending clean. He/she shall keep and deploy waste bin next to his/her place of vending for the purpose of collection of waste by his/her customers/ other public. He/she shall from time to time clear the bin at designated place specified by the TVC by following the instructions issued by Municipality from time to time.

(3) The Vendor shall pay due attention to public health and hygiene in the vending zone/ vendors market and the adjoining area. She/he shall contribute to promote the collective disposal of waste in the vending zone/ area. Vendor shall not dump any waste in drain, roadside, open areas or any other unauthorized place. The used water should also be disposed off in a covered container.

(4) He/she shall keep all his wares confined to this space. No projections, extensions

shall be protruding from the space of vending.

(5) No Vendor shall install any fixed structure (temporary or permanent) at his/her place of vending. He/she may only put movable items (such as umbrella, tirpal, cartons etc.) which can be removed immediately.

(6) The street vendor shall not encroach upon the public land and exceed beyond the

permissible limits.

(7) The Vendor shall not hamper the free movement of pedestrian and traffic in any way. Vendor shall operate from the edge of the road/ street (if vending from a street) and shall not cause any obstruction to smooth movement of traffic or pedestrians or non-motorized vehicles.

(8) The street vendor shall abide by the timings of squatting/ vending. He/ she shall not leave wares and goods at the vending site after the vending hours. At the close of vending, the Vendor shall remove and take away all articles, installations, stands, takhat; clean all litter in and around his place of vending and leave the place of vending clear of all obstructions.

(9) The vendor shall not sell obnoxious, hazardous and polluting items.

(10) No vendor shall sell the prohibited items.

(11) The street vendor must not create any noise or play any instrument or music for

attracting the public or the customers.

(12) The street vendor shall not carry out any unauthorized/ illegal activity and shall not vend any article through any unauthorized vendor at the vending site. He/ she shall not sub-let the vending site.

(13) The street vendor shall vacate the site in case of emergency, for security reasons

and if required for public purposes.

(14) The street vendor shall not cause any damage to the public property. The street vendor shall repair immediately, at his/her cost, the damages that may have been (if any) caused to the public property as a result of negligence during the vending.

(15) The Vendor shall not carry out cooking at the vending place. Vendors selling food articles, including cooked foods must comply with all licensing regulations of the Health Department and provisions of food adulteration act.

(16) The vendor shall not occupy or stop at any place that is prohibited for street vending. Mobile vendor shall not stop for a period of more than 30 minutes at any place within his hawking zone/vending zone. The vendor shall not stop or vend in the non-vending zone.

(17) A walkway of minimum 2.0 mtrs. width shall be provided for the pedestrians in

front of the vending site.

(18) The vendor shall abide by the timing prescribed by the competent authority.

(19) Street vendor selling food articles shall obtain required license from the Health

Department.

(20) The TVC should ensure and provide the street vendors clean and fresh water along

with the street light facility wherever possible.

(21) The TVC shall provide clean and properly constructed toilets with water and electricity facility in order to maintain public health and hygiene near the street vending strips, wherever possible at appropriate distance from vending zones.

Designation of Nodal officer.

19. (1) The Nodal officer is an administrative officer appointed by the competent authority for its area of jurisdiction for the purpose of implementation of this scheme.

(2) The Nodal Officer shall have at least one meeting within 3 months with the TVC in

order to get himself acquainted with various field level issues.

(3) The Nodal Officer may collect feedback from the street vendors relating to the

issues and problems faced by them.

Dispute Redressal Mechanism 20. The ULBs shall constituted ―Dispute Resolution Mechanism‖ for Redressal of grievances or resolution of disputes of urban street vendors as per Section 20 (Chapter V) of ―The Street Vendors (Protection of Livelihood and Regulations of Street Vending) Act, 2014.

21. (1) The Town Vending Committee shall maintain the records in respect of the following matters:-

(i) details of agenda papers and minutes of the meetings of the Town Vending Maintenance of proper records and documents in respect of Street Vendors.

Committee,

(ii) survey procedure, updated database (preferably in digital format and including the documents submitted for the identity and address) and final reports,

(iii) details of the allotment and relocation of sites to the street vendors, (iv) all the decisions of the Appellate Committee and Grievance Redressal

Committee,

(v) Details of certificate of vending and identity cards issued, and Papers for

initiating live yearly survey.

Note.— The records of the survey outcomes and the allotment of sites, certificates of

vending and identity cards shall he considered to be of permanent nature.

(2) The Grievance Redressal Committee shall be maintain the record relating to the application filed before it.

(3) Every Town Vending Committee shall maintain up-to-date records of total numbers of identify street vendors, vending zones, registered vendors, license issued, location of vendors, revenue generated through fee collected/ challan issued, fine imposed another the details about street vending in electronic form or manually or in both forms as may be decided by the competent authority.

(4) Further, the maintenance of records pertaining to demarcation of vending zones and reservation of spaces for vendor markets and vending zones at ULB level is responsibility of them at each level.

22. (1) Movable street vending: The areas where it is not possible to provide space for street vendors on roadsides or there is no vacant site available to set up vendors stall, movable street vending may be allowed, the street vendors will be allowed to sell their products by roaming around the areas on their push cart/ cycle cart, on head, etc.

Vending activities on time-sharing basis and principle of determining vending zones.

(i) Identification of areas for movable street vending:

a. Non-availability and inadequacy of vacant site/ plot or street with

sufficient width to hold street vending.

b. The areas selected for movable street vending shall be demarcated

properly on town/city map, clearly showing streets.

c. Once vendors are allotted the area, they shall not be allowed to

engage in movable vending.

(ii) Time of vending: The vending shall be allowed from 6.00 am to 09.00 pm.

(2) Stationary vending on road sides: Street vending activities always flourish if it is located on roadsides of the major road, as it gets the required threshold population and demand along with convenience to the consumers/ users.

(i) Identification of streets:

a. Roads having ROW not less than 18 meters shall be selected for

street vending activities.

b. In case, the road width is less than 18 meters, the street vending shall be allowed only if the road is declared as a non-vehicular zone or an area abutting a parking lot or an open space.

c. Competent authority shall have all rights to shift the location of identified street vendors as per approved the Street Vending Plan (SVP).

d. There shall be only one side stationary street vending on a road having ROW width between 10 meters to 24 meters, while both side stationary vending shall be allowed on a road having road width of 30 meters and above.

(ii) Areas allotted to individual hawkers/ vendors.

a. A maximum of 2.2 sq. mtrs. area ‗vending area' shall be provided to each vendor/ hawker with dimension of 1.8 mtrs.x 1.22 mtrs.

b. Passage of 2.0 meter shall be left in front of the vendor for movement and halting purpose for consumers/ users to stand or buy goods.

c. A walkway of 2 meters width shall be provided for pedestrians, in

front of extension space.

d. In no case, the pathway shall be allowed to encroach by the vendors.

e. No vending within 50 meters from any crossing of two or more roads on all sides, both sides of the railways crossing and any declared heritage structure by the local authority,

(iii) Structure to be erected

a. No permanent structure shall be allowed to erect.

b. The vendors shall make their stalls on cycle carts/ push carts/ on

head, etc.

(iv) Parking provisions

a. Parking shall be provided only at roads with ROW ranging from 24 meters to 30 meters where a parking space for users/customer shall be demarcated of a width of 2.5m along the road side for parallel parking purpose.

(v) Common Civic amenities to be provided

a. Movable public toilet and drinking water facilities may be provided at appropriate distance by the competent authorities as per the approved Street Vending Plan (SVP).

b. Lighting to hawkers shall be permitted via battery mechanized LED

lights lamps.

c. No individual electricity and water connection shall be provided to

the vendors.

(3) Street vending on a site/ plot identified by the TVC: Municipality may identify vacant plots/ sites/ open spaces where they can accommodate those vendors falling under No Vending Zones to set up a vendor market, where street vendors shall be provided with fixed stalls and facilities like sheds, green spaces, plantation, public toilets and drinking water.

(i) Identification of site for the vendor market

a. The vendor market shall be located between the developed areas like

core areas, areas between TP schemes (planned areas) and sectors.

b. The site must have an access from a road.

c. The site may be in vicinity of residential areas.

d. The site shall be enclosed with virtual barriers of 0.6 meter height like metal railing, shrubs, trees, etc. to regulate entry & exit and to prevent the vendor market from encroachment, stray cattle, etc.

e. The vendor market shall be designed with sitting facilities, public toilets; drinking water facility and landscaping where, amenities shall be provided by the Competent Authority.

f. Only 45% of the total site area shall be utilized for vending stalls/ kiosks and rest shall be utilized in circulation, public utility, sitting and plantation.

g. Municipality has all rights to shift the location of vendor market after

getting it approved in the Street Vending Plan.

(ii) Area norms for individual hawker/ vendor

a. A maximum of 2.2 sq.mtrs area shall be provided to each vendor/

hawker with dimension of 1.8 mtrs x 1.2 mtrs.

b. Passage of 1.0 metre width shall be provided as ‗extension area' in

front of stall.

c. Minimum 2.0 metres space in front of ‗extension space' shall be kept

as pedestrian pathway for movement of people.

f. The Town Vending Committee may decide the distance to be kept free from street vending near the important institutions like the Secretariat, District Administration, offices of District Panchayat Municipal Corporation, Municipality, Nagar Panchayat, Court, Cantonment Board and State/UT Archaeological monument attracting a high footfall at its discretion taking into account the specifics of the area concerned.

g. The carriageway shall not be allowed to be used for street vending.

h. The entry to vending zone shall be allowed at a distance of 50 meters from any junction, exit or entry of road or the railway crossings, chowks.

(iii) Structure to be erected on site

a. A temporary frame of wooden planks or bamboo with cloth/ tirpal at top may be allowed to hawker/ vendor without rehris with the permission of TVC. For Rehris, Umbrellas shall be mandatory for self-health cautions. Pucca structure shall be allowed to vendors in vending zones.

b. Sitting space shall be provided for 10% of expected users, where the sitting space / structure shall be provided by the competent authority as per the approved Street Vending Plan (SVP).

c. Otherwise, no permanent structure shall be allowed.

(iv) Parking provisions

a. A designated space shall be identified in the vending site for

provisioning of parking.

b. Where, the parking component shall also be approved in the Vending

Plan.

(v) Common Civic amenities to be provided in vendor market

a. The vending area shall be lit from LED lamp tower. For individual

lighting, hawkers may use Battery with LED lamp.

b. No individual electricity and water connection shall be allowed.

c. Public toilet and drinking water facilities will be as fixed public infrastructure or movable may be provided as per National Building Code.

23. The following criteria shall be adopted for relocation, namely:-

Criteria for relocation

(i) Only in order to implement the rotation system.

(ii) relocation shall be avoided as far as possible, unless there is clear and urgent need for the land in question,

(iii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project,

(iv) The Town Vending Committee shall engage in the dialogues with the representatives of the markets,

(v) A mutually agreed place for relocation shall be considered under the implementation of the rehabilitation project,HARYANA GOVT. GAZ. (EXTRA.), JUNE 12, 2020 (JYST. 22, 1942 SAKA) 1121 (vi) Affected vendors shall be relocated and shall be ensured with improved livelihoods and standards of living. The site chosen shall be in assurance to the income potential of the site before the eviction,

(vii) Livelihood opportunities created by new infrastructure development projects may be used to accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure,

(viii) any kind of loss of assets shall be avoided,

(ix) heritage markets where street vendors have conducted business for over fifty years shall be declared as heritage markets and the street vendors in such markets shall not be relocated, and

(x) The TVC shall prepare a list of such markets and declare them as ―Heritage Markets‖. The local authorities in collaboration with the tourism department shall promote such markets as tourist markets by incorporating such elements as may bring in a local flavour or crate a local ambience.

Infrastructure Improvement 24. Financial support from NULM will be provided to the ULBs for improvement of infrastructure and provision of basic services in the existing markets of street vendors. The ULBs will prepare a Detailed Implementation Plan (DIP) for such infrastructure improvement projects, which may include improved civic facilities such as paving, water supply, toilets, waste disposal facility, lighting, common storage space, and specialized carts for specific types of trades, temporary sheds and/or parking facilities. The infrastructure requirements for vendors markets will be assessed based on consultations with street vendors and their associations, local agencies and other stakeholders and will be facilitated by the ULB.

The DIP for infrastructure improvement must be prepared only after the street vendor survey for the area where the project is located, has been completed. In exceptional cases where the survey is not initiated and the ULB feels that there is an immediate need for a project, which will benefit a large number of street vendors, then the survey for that area along with its cost may be included in the DIP. The ULB must ensure that prior to commencing work on the project, the street vendors who will benefit, have been issued the Identity Card as well as the Street Vending Certificate as per the prevailing policy, Act or guidelines of the State. The list of beneficiaries of the project should be placed in the public domain and displayed on the notice board of the ULB and posted on the website of the ULB/State before taking up the project. While preparing the DIP, provision for providing specialized carts to the street vendors for specific types of trades such as food vending etc. may be included with a view to improve the hygiene and optimal utilization of space. These carts may be funded through individual loans covered under the SEP component of NULM.

Detailed Implementation Plans should contain:

(i) Project rationale, details of beneficiaries and stakeholders, how it will contribute to improved street vending in the surrounding area, and how it fits within the overall City Street Vending Plan.

(ii) Land ownership details

(iii) Relocation plan, if any, must be supported by a letter of consent from the affected

street vendors and/or their association

(iv) Specific infrastructure improvement project details with costs, including operations

and maintenance plan

(v) Detailed and complete list of beneficiaries who will benefit from the project – in case the survey is not complete and will be conducted as part of the DIP, the list of beneficiaries will have to be provided upon completion of the survey and prior to commencement of infrastructure improvement.

(vi) Safety concerns, if any, relating to fire hazard or other hazards.

The ULB has to develop DIP for creation of ―food streets‖, ―farmers markets‖, ―night market‖ and ―heritage market‖ other such specialized/theme based markets subject to the provisions stipulated above. In markets where food will be prepared in the market, the ULB should take into account issues of food safety and fire hazard in addition to other elements of infrastructure improvement that will be required. For preparation of DIPs, the ULB shall hire consultants using a transparent selection process. The DIPs must be submitted to the Project Sanctioning Committee (PSC) of SUDA, Haryana for approval.

Capacity Building to Street Vendors & Town Vending Committees.

25. The SUDA,H shall organize capacity building programmes to enable the street vendors to exercise the rights contemplated under Act. Further training programs shall be conducted for the members of the TVCs, elected representatives of ULB and others from time to time for providing awareness and refreshing the policies and provisions of the Act. Further to undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through Town Vending Committee.

Other Promotional Measures

26. The Government of India has launched a scheme National Urban Livelihood Mission and included support to street vendors as one of the components. Major financial assistance will be provided under this scheme. Any promotional measures suggested from time to time will also be covered for the welfare of street vendors in the State.

S. N. ROY, Additional Chief Secretary to Government Haryana, Urban Local Bodies Department.

Form-I

Form II

(Application Form for Registration)

Application No.

Photograph

To,

The Town Vending Committee,

Zone/ Ward _______________,

Municipal Corporation/ Council/ Committee, ________________.

Subject: Application Form for registration

I __________________, son/ daughter/ wife of Sh._______________, resident of house no.________, street/ ward__________, colony/ sector____________, town____________, hereby applies for permission for clothes/ electronic/ flowers/ household articles/ non-processed food/ non processed-food/ service providers/ stationary activity as movable/ stationary vending in the _____________ zone.

Place

Dated:

Signature

Name of Applicant

Local Address:………………………………….

Permanent Address:…………………………

Family Members:

1. Name:…………………………………………………, relation:……………………………………

2. Name:…………………………………………………, relation:……………………………………

3. Name:…………………………………………………, relation:……………………………………

4. Name:…………………………………………………, relation:……………………………………

5. Name:…………………………………………………, relation:……………………………………

6. Name:…………………………………………………, relation:…………………………………..

Form-III

UNDERTAKING

To

The ……………………….

Municipal Corporation/ Council/ Committee

……………………………

I ……………………………. hereby submits an undertaking that:

1. I don't have any other means for earning livelihood.

2. The business of street vending shall be carried out by me or my family members.

3. I will not transfer in any manner whatsoever, including rent, the certificate of vending or the place specified therein to any other person.

4. I will abide by all the rules and instructions issued from time to time by the Municipality/ Town Vending Committee.

Place:

Signature

Dated:

Name of Applicant1134 HARYANA GOVT. GAZ. (EXTRA.), JUNE 12, 2020 (JYST. 22, 1942 SAKA)

Form –IV

Certificate of Vending

Certificate No.__________/DD/MM/YYYY.

To,

Sh.______________________,

Son/ Daughter/ Wife of Sh.________________,

Photograph House no.__________, Street/ Ward__________,

Colony/ sector____________, Town____________,

Subject: Certificate of permission for street vending

With reference to your application no _____________, you are hereby permitted for _______________vending activity which will be movable/ stationary vending in the ________________ zone.

Your vending time shall be _____________ to____________ and validity of certificate will be ______________ to ______________. The site shall be allotted on rotation basis after a period __________(3months or 6 months or 12 months) as decided by Town Vending Committee. In exceptional circumstances, the Town Vending Committee may change vending site of a vendor/vendors.

Place

Dated:

Signature

Chairman,

Town Vending Committee,

Zone______________,

Municipal Corporation/ Council/ Committee______________ In case of any unfortunate event where you are not able to pursue the vending activity, following of your family members, allowed to carry out the above mentioned vending activity on above mentioned vending zone at above mentioned time are:

1. Name:…………………………………………………, relation:……………………………………

2. Name:…………………………………………………, relation:……………………………………

3.Name:…………………………………………………, relation:……………………………………

Form-V

Identity card format

Front

MUNICIPALITY………………………………………….

Family members :

1. ………………………………….

2. ………………………………….

3. ………………………………….

4. ………………………………….

5. ………………………………….

6. ………………………………….

Back

Form –VI

Application for Re-claiming of seizure goods

Certificate No.__________/DD/MM/YYYY.

To

The ……………………….

Municipal Corporation/ Council/ Committee

……………………………

Subject: Claim for seized goods.

I __________________, son/ daughter/ wife of Sh._______________, registration no.______________ and certificate no.____________, valid from____________ to ____________, vending in zone no………….. Hereby applies for releasing of goods/articles (perishable……. /non-perishable………..) which was seized on …………...

The penalty fees of Rs.______________ is also deposited with receipt no. ____________

Place

Signature

Dated:

Name of Applicant

8802—C.S.—H.G.P. Pkl.