(1109)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

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:–

(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.

Short title and

commencement

(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;

Definitions

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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

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.

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

1111

(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 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.

Registration

The Town Vending committee shall follow the following criteria for issuance of 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.

Criteria for

issuing Vending

Certificate

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

(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

(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.

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

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(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.

(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.

(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.

Validity and

renewal of

Certificate of

Vending

(1)

Every street vendor shall pay monthly vending fee (including maintenance charges)

to Town Vending Committee by 10^th of each month as specified in clause-10 of this scheme, for

providing civic amenities and facilities in vending zones.

(2)

In continuation of the above clause, late fee @ 10% of monthly vending fee.

Monthly Vending

fee (including

maintenance

Charges)

(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.-

(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.

Cancellation or

suspension of

Vending

Certificate

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

Vending fee,

Maintenance

charges and

penalties.

10.

A street vendor shall pay following charges for registration, certificate of vending/

renewal of certificate of vending, vending fee, maintenance charges and penalty:

Sr.

No.

Fee/ charge subject

Fee (in Rs.)

Registration Fee

NIL

Annual fee of

Certificate of

Vending/renewal

of CoV.

Stationary

Vendors.

(i)

Rs. 500/- for Municipal Corporation.

(ii)

Rs. 200/-for Municipal Council.

(iii)

Rs. 100/- for Municipal Committee.

Mobile

Vendors.

(i)

Rs. 200/- for Municipal Corporation.

(ii)

Rs. 100/- for Municipal Council.

(iii)

Rs. 50/- for Municipal Committee

Monthly Vending

Fee (including

maintenance

charges).

Stationary

Vendors.

(i)

Rs. 500/- per month for Municipal

Corporation.

(ii)

Rs. 200/- per month for Municipal

Council.

(iii)

Rs. 100/- per month for Municipal

Committee.

Mobile

Vendors.

(i)

Rs. 200/- per month for Municipal

Corporation.

(ii)

Rs. 100/- per month for Municipal

Council.

(iii)

Rs. 50/- per month for Municipal

Committee.

One

time

vending

Fee

for

temporary events(local town level

festival/ mela organized other than

State Govt. Departments/ Boards/

Corporations or Trusts etc.)

(i)

Rs. 200/- for Municipal Corporations.

(ii)

Rs. 100/- for Municipal Councils.

(iii)

Rs. 50/- for Municipal Committees.

Penalty for non-deposing of annual

fee of Certificate of Vending.

Three time of the annual vending certificate fee.

Penalty

for

non-deposition

monthly vending fee

10% of monthly vending fee.

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.

Manner of

declaring No-

Vending Zone.

12.

The Town Vending Committee shall declare an areas as No-vending zone, falling within

area of its jurisdiction, based on following parameters:

(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.

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

1115

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

buildings it shall be notified as a restricted vending zone.

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.

Relocation of

street vendors

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.

Manner of

evicting street

vendor

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:-

(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.

Seizure and

Reclaiming of

goods

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.

Social Audit

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

(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.

Terms and

conditions for

street vending for

up keeping public

health and

hygiene.

18.

(1)

The Vendor shall conspicuously display his COV at the place of vending and also

possess the identity card at all times.

(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.

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

1117

(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.

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.

Designation of

Nodal officer.

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.

Dispute Redressal

Mechanism

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

Maintenance of

proper records and

documents in

respect of Street

Vendors.

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

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.

Vending activities

on time-sharing

basis and principle

of determining

vending zones.

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.

(i)

Identification of areas for movable street vending:

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

sufficient width to hold street vending.

The areas selected for movable street vending shall be demarcated

properly on town/city map, clearly showing streets.

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:

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

street vending activities.

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.

Competent authority shall have all rights to shift the location of

identified street vendors as per approved the Street Vending Plan

(SVP).

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.

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

1119

(ii)

Areas allotted to individual hawkers/ vendors.

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.

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.

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

front of extension space.

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

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

No permanent structure shall be allowed to erect.

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

head, etc.

(iv)

Parking provisions

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

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).

Lighting to hawkers shall be permitted via battery mechanized LED

lights lamps.

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

The vendor market shall be located between the developed areas like

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

The site must have an access from a road.

The site may be in vicinity of residential areas.

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.

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.

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.

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

getting it approved in the Street Vending Plan.

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

(ii)

Area norms for individual hawker/ vendor

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.

Passage of 1.0 metre width shall be provided as ‗extension area‘ in

front of stall.

Minimum 2.0 metres space in front of ‗extension space‘ shall be kept

as pedestrian pathway for movement of people.

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.

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

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 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.

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).

Otherwise, no permanent structure shall be allowed.

(iv)

Parking provisions

A designated space shall be identified in the vending site for

provisioning of parking.

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

Plan.

(v)

Common Civic amenities to be provided in vendor market

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

lighting, hawkers may use Battery with LED lamp.

No individual electricity and water connection shall be allowed.

Public toilet and drinking water facilities will be as fixed public

infrastructure or movable may be provided as per National Building

Code.

Criteria for

relocation

23.

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

(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.

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.

Infrastructure

Improvement

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

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.

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

1123

Form-I

Survey form for street vendors

Sr. No.

Questions

Photograph of Vendor with Location-

Photograph of Vendor With Thela/Vending Place-

Identity Proof-1 (Single Photograph)-

Identity Proof-2 (single Photograph)

Video of the vendor, vending place and its surrounding-

Ward Name-

Street Name-

Nearby Landmark-

Type of area

o Residential

o Commercial area/Natural Market

o School/Collage Area

o Religious site

o Garden/Open space

o Railway Station

o Industrial area

o Public place or Government Office

o Heritage site

o Highway

o Bus Stand

o Hospital

o Other

10.

Place of Business

o Main road/Land/Chowk

o Foothpath

o Service Area/Road

o Open Plot Within Premises

o On Closed Drainage Line

o Private Property/Plot

o Other

11.

Nature of Business

o Fast food items and drinks

o Fruits and Vegetables

o Readymade Garments (Old and new)

o Footwear and leather goods

o Ceramic Products Plastic products

o Cutlery and Utensils

o Jewellery

o Accessories (bags, watches, wallets, belts, hair-accessories, mobile-accessories. Etc.

o Cosmetic products

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

Sr. No.

Questions

o Books and newspapers

o CDs/DVDs

o Lottery tickets

o Flowers vendor

o Stationary products

o Paan/cigarette/Beedi/Tobacco products

o Sea food vendor

o Dairy and poultry products

o Bakery products

o Pooja products

o Miscellaneous

o Services Providers

o Others

12.

If service Provider than Nature of Business

o Cobbler

o Barber

o Tailor

o Repairs automobiles

o Mechanical work

o Dhobi Painter

o Chabbiwala

o Kabaddiwala

o Others

13.

Name of Vending Place:-

14.

Vendor‘s Name: First Name-

15.

Vendors‘ Name: Middle Name-

16.

Vendor‘s Name: Surname Name-

17.

Residential Address-

18.

Block -

19.

City/Town-

20.

District -

21.

Mobile No.-

22.

Phone No.-

23.

Age-

24.

Gender

o Male

o Female

o Trans Gender

25.

Nationality

o Indian

o Other

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1125

Sr. No.

Questions

26.