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rules · 2014 · State unknown
Parent: THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 (1b3986d56a2bee2a7591e49ca93f3dccdedc4c86)
Text
Rule TOC
01 · 01
08 · 02 02 01 01 01
14 · Election of members of Town Vending Committee from amongst street vendors
19 · Method of filling vacant posts.
25 · Office space and employees of Town Vending Committee_ (1) The local authority shall provide the Town Vending Committee appropriate office space and staff, as is applicable to Special Committees of such Municipal Corporation or the Municipal Council or Nagar Panchayat, as the case may be: (2) The local authority concerned shall, when s0 requested by a Town Vending Committee, make available to that Committee such employees as the local authority considers necessary for discharge of the functions conferred or imposed on the Committee under rule 23 of these rules.
26 · Manner of maintenance of records of street vendors by Town Vending Committee. (1) Every Town Vending Committee shall maintain up to date records as specified in the scheme under sub-section (2) of section 26 of the Act, in electronic form or manually or in both forms, as may be decided by the local authority. (2) The Town Vending Committee shall maintain the following record; (a) ward wise record of registered street vendors; (b the street vendors who have been issued certificate of vending,along with details such as the allotted, pitch or stall, goods permitted to sale, the category of street vending; the Town Vending Committee shall also maintain all the record with regards to its meetings and decisions taken; initiatives taken by the Town Vending Committee with regards to imparting skills and financial assistance, provided if any, to such street vendors; the Election report or record submitted by the Labour Commissioner; the report of social audit as required under sub-section (3) of section 26 of the Act; any other record, documents which the Town Vending Committee may decide from time to time. 27 . Town Vending Committee to furnish returns. -(1) Every Town Vending Committee shall prepare and furnish to the Government and local authority periodical returns for each year with details as required in Form D. (2) The Government or the local authority, as the case may be, may require a Town Vending Committee to furnish such other return or returns in such proforma as demanded from time to time. 28. Publication of summary of notified scheme in newspapers, etc:--(1) A summary of the scheme notified by the Government in the second schedule under sub-section (1) of section 38 f the Act shall be published by the local authority by means of a public notice given in two prominent daily newspapers,such summary shall also be displayed on website of the local authority as well as the notice board of local authority concerned and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected thereby, within seven days from the date the scheme is notified by the Government: (2) The notice shall be signed by the Municipal Commissioner or the Chief Officer of the local authority, as the case may be, or by an officer authorised by him in this behalf: (3) The notice shall be in such language or languages as the Municipal Commissioner or the Chief Officer of the local authority, as the case may be, may specify in this behalf: 29. Any work performed by local authority such as survey of street vendors, issuing certificate of vending, plan of street vending and the resolutions of Town Vending Committee which are in consistence with the provisions of the Act. And were done as per the directions of Hon. Supreme Court of India in Civil Application No. 4156-4157 of 2002 shall be deemed to have been done under the provisions of these rules:
1 · The Labour Commissioner shall supervise, direct and control the conduct of elections of the members of a Town Vending Committee representing the street vendors. 2 As soon as the notification expressing the intention of the local authority to conduct elections for members of a Town Vending Committee representing the street vendors has been issued under sub-rule (1) of rule 14 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that rule, the Labour Commissioner shall by order determine the date, time and place for conduct of elections: 3 The notice of the order or decision of the Labour Commissioner shall be circulated among the street vendors engaged in the vocation of street vending in the area of concerned Local Authority where election is to be conducted by any of the following modes, namely. by public notice to be published in two prominent daily newspapers in Marathi, English or such other language (b_ by local delivery; by post under certificate of posting; by speed post o courier services, duly registered with competent authority as well as on the notice board of the returning officer; and such notice shall contain information regarding _ the number of members to be elected including seats reserved for representatives of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified categories; (ii) the date on which, the place at which and the hours between which nomination papers shall be filed, such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday; Explanation. the term "public holiday" means any day which is a public holiday under section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881) or any day which has been notified by the Government to be a public holiday for offices under the Government; (iii) the date and the hour for scrutinisation of the nomination papers; (iv) the date, place, hours of polling: 4. As specified in sub-rule (2) of rule 15, the local authority shall provide voters list to the Labour Commissioner. 5. The nominations of the candidates for election shall be made in Form-1 annexed to this Schedule which shall be supplied by the returning officer to any street vendor, free of cost. 6. The candidate shall make a security deposit of rupees two thousand in cash or bank draft o pay order along with the nomination papers If a candidate fails to get more than one- sixth of the votes polled, the security deposit shall be forfeited to the local authority 7 . Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the returning officer. The returning officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee or returning officer: Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected. HT WR-3-?88_431
15 · . Immediately before the commencement of the poll, the returning officer or the Presiding officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal, if he s0 desires. 16. Every street vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English alphabetical order either printed, type written or cyclostyled, according to convenience, on the ballot paper. The ballot paper shall also bear the seal of the Town Vending Committee and also the initials of the returning officer, and further contain a column, for the voter to inscribe a mark against the names of persons to whom he wants to vote. 17. Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the street vendors or voters can record their votes in secrecy 18. No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor o voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper the street vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose favour he exercises his vote by inscribing a mark x' against the names of the candidate or candidates, as the case may be, and put the ballot paper in the ballot box kept for the purpose with utmost secrecy: If owing to blindness o other physical infirmity o illiteracy, the street vendor O voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling officer is appointed, the returning officer shall ascertain from him the candidate or candidates in whose favour he desired to vote, inscribe the mark *x on his behalf and put the ballot paper in the ballot box 19. If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such elections, it is not possible to take the poll for any sufficient cause, the returning officer shall have the power to stop the polling, recording his reasons for such action in the minute book of the Town Vending Committee 20. No street vendor or voter shall be admitted after the hours fixed for the poll but a voter , who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed to vote. 21. The counting of votes shall take place immediately after close of the poll. If this is not possible, the ballot box shall be sealed with the seal of the returning officer or Presiding officer and the contesting candidates or their agents, ifthey so desire, and deposit with the local authority for safe custody, the returning officer shall then announce the next day of counting: The votes shall be counted by or under the supervision of the returning officer: Each candidate and his authorised agent shall have a right to be present at the time of counting: But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcement of results by returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over: 22_ The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by returning officer and shall also be notified immediately on the notice board of the Town Vending Committee 23. In case of equality of votes, the returning officer shall declare the election result by tossing coin. 24. The ballot paper shall be rejected by the returning officer if,_ it bears any mark by which the street vendors vote can be identified; (ii) it does not bear the seal ofthe Town Vending Committee or the initials of the returning officer