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rules · 2014 · State unknown

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Parent: THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 (1b3986d56a2bee2a7591e49ca93f3dccdedc4c86)

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RULES The Odisha Gaze tt e EXTRA ORDINARY PUBLISHED BY AUTHORITY No. 1051, CUTTACK, TUESDAY JULY 07 _ 2015/ ASADHA 16, 1937 HOUSING & URBAN DEVELOPMENT DEPARTMENT NOTIFICATION The 6th July, 2015 S.R.O_ No.311/2015 _ In exercise of the powers conferred by Section 36 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act, 7 of 2014), the State Government do hereby make the following rules , namely: 1. Short title and commencement: _ These Rules may be called the Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Definition: _ (1) In these Rules, unless the context otherwise requires, (a) Act" means the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; (7 of 2014) , (b) 'Form' means forms appended to these rules; (c) Municipality' means a Municipal Corporation, a Municipal Council and a Notified Area Council; (d) "Planning Authority" means a Town Planning Authority and Development Authority, respectively constituted under the Odisha Town Planning Improvement Trust Act, 1956 (Odisha Act 10 of 1957) and the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982) and includes such other Authority as may be declared as Planning Authority; (e) "Section" means Section of the Act; and "State Government" means the Government of Odisha: (2) All other words and expressions which are used and not defined but defined in the Act shall have the meanings, respectively, assigned to them in the Act: 3. Constitution of Town Vending Committee _ (1) Every Municipality shall constitute a Committee to be known as the (name of the Municipality) Town Vending Committee

Rule TOC

07 · _ 2015/ ASADHA 16, 1937

3 · Constitution of Town Vending Committee _ (1) Every Municipality shall constitute a Committee to be known as the (name of the Municipality) Town Vending Committee which shall consist of a Chairman and not exceeding eleven other members as follows, namely _ (a) Municipal Commissioner or Executive Officer, as the case may be, of the concerned Municipality; Chairman: (b) One Officer of the concerned Planning Authority dealing with the matter relating to preparation of master plan in respect of the concerned Municipal area; Member (c) Superintendent of Police of the concerned municipal area or his nominee not below the rank of Deputy Superintendent of Police; Member (d) One Corporator or Councillor, as the case may be, of the concerned Municipality nominated by it; Member (e) The Lead District Manager of the lead Bank or his nominee; Member One representative from a residential welfare Association nominated by Chairperson; Member (g) One representative from a traders' Association nominated by Chairperson; Member h) Representative from a reputed NGO nominated Member by Chairman Not more than four representatives to be nominated by Chairperson from amongst the members of the Vendors' Association: Member

5 · Allowances for the Members of the Committee The non-official members and person co-opted shall receive such allowance for attending the meeting ofthe Committee as may be decided by the Municipality on recommendations of Town Vending Committee. 6. Powers and Functions of the Town Vending Committee: ' (1) Subject to the provisions of the Act, it shall be the duty of the every Town Vending Committee to undertake such measure as it thinks fit for proper operation and management of Street Vending within the Vending Zone. (2) Without prejudice to the generality of the provisions of sub-section (1), the Town Vending Committee shall have the following powers and functions, namely: (a) prepare plan to promote the vocation of Street Vendors covering the matters contained in the First Schedule to the Act and recommend the same to the Municipality; (b) prescribe such other different terms and conditions for different category of Street Vendors; (c) recommend the maximum number of Street Vendors to be accommodated in a Vending Zone;

8 · Salary and Allowances of the President and Members of Dispute Resolution Committee. The President of the Committee shall receive salary or honorarium at the following rate, namely: _ (a) If a person who has been a Civil Judge or judicial Magistrate is appointed on whole time basis, the last pay drawn minus pension shall be paid as salary; (b) If a person who has been a Civil Judge or Judicial Magistrate is appointed on part time basis, the honorarium at the rate of rupees two thousand five hundred per day of sitting shall be paid; and (c) The operational jurisdiction of the Committee will be notified from time to time

11 · Appeal: (1) Any person aggrieved by any decision of the Town Vending Committee with respect to issue of certificate of Vending under section 6 or cancellation or suspension of certificate of Vending under section 10 or, of the Dispute Resolution Committee under sub-section (3) of Section 20, may, within a period of thirty days from the date of communication of the decision, prefer a appeal in Form-Il to the concerned Municipality. (2) The Memorandum of appeal if not filed in the specified form and if all the requirements of the form are not complied with, the appellate authority may reject the appeal summarily, after giving appellant such opportunity as it may think fit to rectify the defects:

12 · Maintenance of Record _ (1) Every Town Vending Committee shall maintain a register in Form-IIl which shall contain registration number assigned to street vendor to whom Certificate of Vending has been issued, stall allotted to him, nature of Business, category of Street Vending, whether on time sharing basis and if so time of vending and the name of another Street Vendor who will share the space with the former. (2) In order to ensure safety of register maintained in Form-III every Town Vending Committee shall keep the Register in the Office of Chairperson of the Town Vending Committee and remain under his control or an Officer duly authorized by him and after order is being passed for issue of Certificate of Vending, the Officer so authorized shall record the particulars in the register in Form-IIl and he shall also put his signature and date and thereafter Certificate of Vending shall be issued to the street vendor. (3) The authorized Officers shall also update the register with the changes approved by the Town Vending Committee. (4) The Register shall be maintained as a permanent record 13. Filing of Return.-Every Town Vending Committee shall submit a return in Form-IV after the end of each financial year to the State Government and the concerned Municipality providing therein the total number of application received for Street Vending; total number of Certificate of Vending issued to street vendors in different zones including different category of street vendors during the previous financial year and also a statement in a summary, the activities to be undertaken in next financial year. 14. Summary of the notified Scheme. After publication of the Scheme under sub-section (1) of Section 38, a summary stating the number of vending zones, number of street vendors allowed to carry on the activities of vending in respect of each Municipality shall be prepared by the concerned Municipality and publish the same in two local newspapers, each in "Odia" and "English' having wide circulation in the concerned municipal area.