GOVT. OF N.C.T. OF DELHI DEPARTMENT OF URBAN DEVELOPMENT 10TH LEVEL: C-WING, DELHI SECRETARIAT. I.P. ESTATE NEW DELHI
6b08fd900de7f76051b02ebf23573b3dcac47081 · 2014 · Delhi
Parent: The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7aa6a0784540f898b7098e1f30567d1f9ab98636)
Text
Rule TOC
1 · . The Chairperson, New Delhi Municipal Council Palika Kendra, New Delhi-110001. '
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1 · 2 period within which certificate of v2nding (COV) shall be issued to the street vendors identified unrier tlJe survey:
1 · 2. I "fhe Certificate of Vending (COY) will be issued as soon as the survey is completed within the six month of survey subject to the of norm · plan and the availability of spacels.ite and the holding capacity within the area . ·
2 · 1 Tbe terms and conditions subject to which Certificate of Vending (COV) shall be issued to a street vendor including to those persons_ _ _ who wish to carry on street vending during the intervening periOd of two surve; · s :
2 · 1.1 Certificate -of Vending will be issued after fulfillment of conditions as mentioned in Para 1.1.15 and the conditions mentioned below herein:-
2 · 1.2 COV shall be issued in the name of registered street vendor (individual only) and shall be non-transferableexcept in the case of incapacity, insanity and demise of the registered vendor.
2 · 1.3 The timing of the vending shall be from sun-rise to sun-set or as fixed by the TVC/Local authority from timeto time by way of notification for the area/zones of vending.
1 · 4 No temporary /permanent structures! construction of any kind is permissible at the site. He/she shall keep all his wares confined to allocated space. No projections, extensions shall be protrude from the site of vending. However vendors may use umbrellaS/sheds which are not permanently fastened to the ground or wall .
2 · . 1 . 5 The registered street vendor shall fitrn .i .ish tl) -
2 · . 1 . 6 The Registered Vendor who has been issued COY shall be required to pay a monthly vending fee under this scheme as mentioned at Clause 4.1.3 and may be further enhanced/determined by Local Body In consultation with TVC from time to time in accordance with the specified vending zone and maintenance charges thereof The fees prescribed for vending zones and maintenance charges shall be revised after every three years with atleast 100/o enhancement.
2 · . 1.7 The street vendor shall pay the prescribed fee latest by 1 O'h of every month or as may be specified by the local authority . Delay in fee will attract penalties as specified in the scheme and asdecided by the Local authority from time to time.
2 · . 1 . 8 Inability to vend during a specified period, for any reason whatsoever, shall not be a ground for not paying or granting exemption from payment of the monthly license fee for vending. ·
2 · 1.9 A vendor shall not transfer in any manner whatsoever, including rent, the certificate of vending to any other person . The Registration certificate/ COV cannot be leased out I rented or sold in any manner to any other person. Under no circumstance the street vendor shall sublet the vending site .
2 · . 1 . 1 0 The right to restrict, evict and relocate of COY shall vests with the Local Authority/TVC in case the question of public interest arises. The street vendor shall vacate the site forthwith after. issued of notice, if required in public interest.
2 · 1.11 -In case of incapacity of the licensee due to health or other reasons to be considered by the TVC/Local Authority I designated officer, an intimation within 30 days shall be given to the TVC which may permit an adult member (spouse or dependent child who has attained an age of 18 years) of the Vendors household as specified in the application format to vend from the vending site given_in the COV.
2 · 1.12 In case of death or incapacitation of the registered street vendor, the legal heir (s) may apply to the Nodal Officer, Local Body for transfer of registration/or the COV .in the name of the legal heir (s) provide he/she has rio other means of livelihood. There shall be no change in the date of expiry of the COV in case transfer is allowed.
2 · 1.13 A Vendor who haS already been given any kind of vendors licence . and has erected a temporary or a permanent structure at the vending site shall not be eligible for issue of Certificate of Vending under the scheme till the time he removes/demolishes the temporary/permanent structure raised on the vending site by him.
2 · 1.14 The Vendor shall display his COY in original at the conspicuous place of vending and to have all times any other identity card/ bio-metric smart cards in original issued by Local Body and the proof of payment of monthly fee while vending.
2 · . 1.15 The Vendor shall keep the street and premises around his place of vending clean . He shall keep and deploy waste bin next to bis place of vending for the purpose of collection of waste by his customers/ other public . He shall, from time to time clean the bin at designated place specified by the Local body.
2 · .1.16 The Vendor shall pay due attention to public health and hygiene in the vending zone/ vendors' market and the adjoining area. Sheihe shall contribute to promote the · collective disposal of waste in the vending zone! area. Vendor shall not dump any waste iR drain, roadside, open areas or any other unauthorized place.
2 · 1 . 17 The street vendor shall not encroach upon the public land and exceed beyond the permissible limits . The space for vending shall be 6 x 4 feet and height of the stall not to exceed 3 feet. The street vending shall be. open to sky a.11d no permanent or tempora1y structure wi!l be allowed . The vender shall keep all his wares 'c 'confined to the <1iiuiieu :spi:lce. No projections, extensions shaii be prot1UOing from the space of vending.
2 · 1.18 The Vendor shall not hamper the free movement of pedestrian and tr<ttfic in arty way . Vendor shaH 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. He shall ensure that his/her customers shall not do unauthorized parking next to his vending site . ·
2 · 1. 19 The vendor shall not sell obnoxious, hazardous and polluting items. It is to be ensured that the quality of product and services provided to the public is as per the standards of public health, hygiene and safety laid down.
1 · 20 The street vendor must not create any noise or play any instrument or music for attracting the public or the customers .
2 · . 1.21 The street vendor shall not carry out any unauthorized/ illegal
2 · 1.22 The street vendor shall vacate the vending site in case of emergency, for security reasons.and if required for public purposes .
2 · 1.23 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. The decision of the Local Authority will be final and binding upon the street vendor with regard to liability and quantum of damages to be paid by him/her .
2 · 1 . 24 Cooking shall not be allowed. Vendors selling food articles, including cooked foods must comply with all licensing regulations of the local authorities and provisions of Prevention of Food Safety and Standards Act. 2006.
2 · . 1.25 No Electricity I water connection is permitted on the vending site. The Vepdor may deploy renewable/battery operated devices to illuminate the vending premises without any hindrance and nuisance.
2 · 1.26 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. .
2 · 1.27 · ··· ·· ·The venders shall not block the fuotp-ath or cattyout vending on roads. Walkway of two meters width on footpaths should be maintained in front of the vending counters/stalls. ·
2 · 1.28 COV shall be cancelled on breach of any condition specified in the Act/ Rules/Scheme or if the COY is . obtained through mis-representation or fraud. ·
2 · . 1 .29 COV is liable to be cancelled on non-payment of prescribed license fee for three continuous months. No vending shall be allowed in case defaulted the payment oflicense fee for continuous period of two months .
2 · ! .30 On cancellation/termination of permission to vend, the street vendor shall peacefully vacate and hand over the possession of the vending site immediately to the Local Authority.
3 · 1 The form and the manner in which the certificate of vending may be issued to a street vendor:
3 · 2 The form and manner of issuing identity cards to street vendors:
3 · 3 . The criteria for issuing certifiute of to street vendors:
4 · 1 The vending fees to be paid on the basis of category of street vending, which may be different for different zones: .
4 · 2 · The manner of collecting, through banks, counters of local authority and counters or TVC, vending fees, maintenance charges and penalties for registration, use of parking space for mobile stalls and availing of seniccs:
4 · 3 The period of Validity of Certificate of Vending:
4 · 4 The period for which and the manner in which a certificate· of vending may be renewed and tbe fees for such renewal: .
5 · 1 The manner in which the certificate of vending may be suspended or cancelled:
6 · . 1. The categories of street vendors:
6 · . 1 . 1 There shall be exclusive categories ofvendors:-
2 · . Mobile Vendors or Peripatetic Vendors
3 · . Others (Daily/weekly/festival/fair market/ temporary etc . as may be categorized by Local Body)
6 · . 1.2 Static Vendors means those who carry out vending from a single place/location throughout the day, without establishing a fixed structure (temporary or permanent) at ttie place of vending.
6 · 1 . 3 Mobile or Peripatetic vendors means those vendors who carry out vending on foot including those who carry baskets on their heads/slung on their shoulders. Mobile vendors aiso inciudes vendors who move from place to place vending their goods or services on pushcarts, or mobile units on - motorized wheels.
6 · . 1 . 4 \ 1/ 1/ eek!y Bazaar V cndors means vendors wt1o patticipate in ' .-v eekjy . and se1J their goOds/ ser, ' icos in weekly Bazaars. ·
6 · 1:s Temporary Vendors means vendors who in normal course do not perform street vending, but on special occasions and seasons, such as festivals or fairs, vend their wares as street vendors for a short period.
6 · . 1.7 · The Local Body will allocate sufficient space. for temporary 'Vendor Markets e . g. Weekly haats, Rehri markets, night bazars, festival bazaars, food streets/street food marts at suitable locations whose use at other times may be different e.g . public parks, exhibition grounds, parking lot, etc. keeping in view demand for services of the vendors. Timing restrictions · on vending to be in accordance with the need for ensuring non congestion of public spaces/maintaining public hygiene . Rationing of space to be resorted if street vendors nwnbers exceed the $pace available. Ample parking area also to be provided for mobile vendors for parking of vehicles and wares at night on payment of prescribed fee.
6 · · 1 · 8 · No vendor shall be entitled for registration/ issuance of CO V for more than one category of vending .
6 · 1 . 9 Vendors, whc;> sell their wares from a ftxed Pucca immovable structure (allotted either by Government or private person) shall be treated as shops under Shops and Establishment Act. No benefit of Street vendor pOlicy shall be available to such vendor, who operates from such fixed Pucca Immovable structure (temporary or permanent), whether authorized or unauthorized .
6 · 2 The other categories of persons for preference for issue of certificate ofvending:
6 · 3 The public purpose for a street vendor may be relocated and-the manner of relocating street vendor:
6 · 4 The manner of evicting a street vendor:
6 · 5 The manner of giving notice for eviction of a street vendor:
6 · 6 The· manner of evicting a street vendor physically on failure to evid:
6 · 7 The manner or seizure of goods by the local authority, including preparation and issue of list of goods seized:
6 · 8. The manner of reclaiming seized goods by the street vendor and the fees for the same:
7 · . 1 The form and the manner for carrying out social audit of the activities of TVC:
7 · 2 The manner of maintenance of proper records · and other documents by the TVC, local body, planning authority and State Nodal Officer in respect of street vendors:
8 · 1 The conditions under which printe places may be designated as restriction free-vending, restrictedvending zones and no-vending zones:
8 · 2 The terms and conditions for street vending including norms to be observed for up keeping public health and hygiene: .
8 · 3. The man tier of carrying out vending activities on time-sharing basis:
8 · 4. The principles for determination of vending zones as restriction-free-vending zones , restricted -vending zones and no-vending zones:
8 · 5. The principles for determining holding capacity of vending zones and the manner of under;taking comprehensive census and survey:
8 · 6. Principles of relocation:
9 · 1 The designation of State Nodal Officer for co-ordination of all matters relating to street vending at the State Level: ·
9 · 2 Any other matter which may be included in the scheme for carrying out the purposes of this Act. Policy for existing street vendors allotted sites/spaces under old scheme(s): ·
10 · Fines that may be imposed on street vendors
11 · 1 Infrastructure improvement, training and skill development and financial assistance