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GOVERNMIENT OF PUNJAB

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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GOVERNMIENT OF PUNJAB DEPARTMENT OF LOCAL GOVERNMENT {L.OCAI. GOVERNMENT 4 BRANCH) NOTIFICATION The 12th February. 2015. No. 5/1 1/2015-51g4/413009/1_ ir exercise of Xhe powers corilerred by section 38 of the Streel Vendars (Protection of Livelihood and Regulation of Street Vending) Act; 2014 (Ce:tral Act No 7 of 2014) the Governor of Punjab is pleased lo make the following rules, namely - ULES 1 Short title, commoncem 7t 4nd application (1) These rules may be called the Punjab Street Vendwrs (Protection of Livelihood and Regulation of Street Vending) Rules, 2015. (2) They shall come intt' force on and with effect from the daie of publication in the Official Gazette (3) They shall apply % all the urban areas in the State of Punjab. Sectiol: 36 2. Definitions (1) In these rules, unless the context othenwise requires, (a) "Acr" means the Stfeet Vendors (Protection of Livelihood and Regulation of Street Vending) Act; 2014 (Central Act No. 7 of 2014) (b) "Director" means the Director; Local Government; Punjab; (c) "financial year" means a year beginning on the 1st April and ending on 31 Sk March (d) "Form" means a Forn appended to these rules; (e) "section" means a section Of f' 2 Act; (0 "State GGoverment" means th Govemment of the State of Punjab in the Departmnent of Local Governmeri'; and (g) "urban area" means an area 3i1g within the jurisdiction of a Municipal Corporation, a Municipal Council or a Nagar Panchayat (2) The words and expressions used in these rules, but not defined , shall have the same meanings as assigned to those words and expressions in ihe Act Sectians 4 ai1a 36 3_ Age for street vending No person shall be issued a certificate oi vending under section 4_ unless he has completed the age of eighteen years. 4 Appeal from decision of Town Vending Commit

Rule TOC

1 · Short title, commoncem 7t 4nd application (1) These rules may be called the Punjab Street Vendwrs (Protection of Livelihood and Regulation of Street Vending) Rules, 2015. (2) They shall come intt' force on and with effect from the daie of publication in the Official Gazette (3) They shall apply % all the urban areas in the State of Punjab.
2 · Definitions (1) In these rules, unless the context othenwise requires, (a) "Acr" means the Stfeet Vendors (Protection of Livelihood and Regulation of Street Vending) Act; 2014 (Central Act No. 7 of 2014) (b) "Director" means the Director; Local Government; Punjab; (c) "financial year" means a year beginning on the 1st April and ending on 31 Sk March (d) "Form" means a Forn appended to these rules; (e) "section" means a section Of f' 2 Act; (0 "State GGoverment" means th Govemment of the State of Punjab in the Departmnent of Local Governmeri'; and (g) "urban area" means an area 3i1g within the jurisdiction of a Municipal Corporation, a Municipal Council or a Nagar Panchayat (2) The words and expressions used in these rules, but not defined , shall have the same meanings as assigned to those words and expressions in ihe Act
4 · Appeal from decision of Town Vending Committee - (1) Any person: who is aggrieved by any decision of the Town Vending Committee with respect to issue of certificate of vending under section 6 or cancellation or suspensiori of certificate of vending under section 10, may file an appeal to the local authority concemed, in wriling by way of applicalion, in Form on plain paper; within a period of thii days from Ihe date of such decision. (2) A self attested copy of the d-csibn under appeal shall be annexed with the application of appeal by the & % ant_ (3) No appeal shall be entertaiiied by the local authority unless a fee of rupees fity is deposited in cash in the office Of the local authority against a receipt and a copy thereof is aiso annexed with the application of appeal (4) Any appeal filed after the expiry of the stipulated period specified in sub- rule (13 shall not be enterlained: Provided that the Iocal authority may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time, entertain an appeal, after the expiry of the period stipulated for preferring appeal under this rule_ (5) The appeal tiled before a local authority under sub-rule (1) or enterained by a local authority under sub-rule (4) shall be disposed of by it within a period of thirty days from the date: of veceipt of such appeal; Provided that before disposing of tne appeal, an opportunity of hearing shall be provided to the appellani
11 · and 36
20 · and 36
6 · Application against te decision of Dlspute Redressal Committee. Sections 20 (1) Any person who is aggrieved by the decision of te Dispute Redressal and 36 Committee may prefer an appeal to' the local authority concemed within a period of thirty days of the said <xcigion, in writing by way of application in Form JII on a plain paper. (2) A self attested copy of the decision under appeal shall be annexed with the application of appeal by the appellant (3) No appeal shall be enlertained by the local authority unless a fee 0l rupees fifly is deposited in cash by the appellant in the office of the local authority against a receipt and a capy thereof is also annexed with the applicalion Of appeal, (4) Any appeal filed after the expiry of the stipulated period specitied in sub rule (1) shall not be enlertained: Provided that the Iocal authorily may, if it is satisfied that the appellant was prevented by suflicient cause from filing the appeal in time, enterain an appeal after the expiry of the period stipulated for preferring appeal under this rule. (5) The appeal filed before a locz; zuuthority under sub-rule (1) or entertained by a local authority under sub-riile (4) shall be disposed of by it within 3 period of thirty days from the date 'bf rzceipt of such appeal: Provided that betore disposing of the appeal, an opportunity of hearing shall be provided t0 the appellant
22 · _ 23,34 and 36
7 · Manner of constitution; tan and the Members of Town Vending Commltteas (1) Within the juris nction ot each local authority: there shall be a Town Vending Committee healed by the Commissioner O the Corporation in the case of a Municipal Corporation ad by the Executive Officer in the case of a Municipal Council or a Nagar Panchayat; as Chairperson (2) The tenure Of the Town Vending Committee shall be for & period of five years: Provided that the tem of the Town Vending Committee shall be co terminus wilh the tenure of Ihe local authority concerned; Provided further that after the expiry Of the tenure Of the Town Vending Committee Or ihe temninalion of the tenure earlier with the terination of the tenure of the local authority. as the case may be. it wauld be reconstituited in the manner prescribed in Ihis rule. (3) Besides its chairperson, Ine Tawn Vending Commitlee shall be constituted by the local authorily concerned and shall consist of fifteen members t0 be nominated by the Iocal authority from amonget the following: namely: two persons out of the elected members of the local authority, to be elected by the yeneral house of the said local authority by show of hands in the Eresence of the Chairperson; Yii) one person out of M,icipal Hlealth Officers, Chief Sanitary Inspeclors, Sanitary Inspectors or any other ofticials connected with sanitation of the said local aulhority; (iii) one person out of Police force or traffic police to be recommended by the District Police organization; (iv) one persor out of market associations or trader associations Or other such associations, recommended by such associations; @) two persons out of Non Governmental organizations to be recommended by such organizations; Xvi) one person out of residents welfare associations or any such associalions recommended by such associations; Syii)- one person out of banks or insurance companies; recommended by Ihe: bank authorities or insurance companies, as the case may be; (viii) six representatives c. of Street Vendors (lwo of which shall be women) having representation from scheduled castes, backward classes, disadled etc. which shall be elected in accordance with sub-juls (4)' (4) The Street Vendors shall elect out of themselves such number of representatives as are mentioned in clause (viii) of sub-rule (3) as members of Ihe Town Vending Commitlee by show of hands in the presence of the Chairperson of the Town Vending Committee or an officer daputed by him. (5) The meetings 0f the Town Vending Commitlee shall be held once in six months (in the months of January &d July), but special meetings may be called by the chairperson at any time; if it is considered necessary. (6) The place for holding meetings of the Town Vending Committees shall be the ofice of the Chairperson. (7) The quorum for meetings of Ihe Town Vending Committee shall be onelfourth of its total members. (8} The procedure for transaction of business in the meeting of the Town Vending Committee shall be such *as may be decided by the Chairperson from time to time: Provided that any member &; iiie Town Vending Committee may reise ary objection with the permission 0' (*.e chairperson Or may raise any issue for discussion, that too with the permission of the chairperson. (9) If the quorum, specilied in sub-rule (7} i8 not complete in ay meeting. iL shall be adjourned to any next date: Provided that no quorum shall be necessary for a meeting held for an adjourned meeting far want of quorum: (10} The decisions shall be taken by Town Vending Committee by majority of members present in the meeting;
8 · Functions of the Town Vending Committee. The functions of the Tuwn Vending Committee shall be to. (a) conduct survey of street vendors within the area under its jurisdiction ad subsequent survey to be carriad out atleast once in every five years under section 3,; (b) issue of cerlificates ofvending under section 4; (c) carry out draw of lots for issue of space for vending; if need arises under sub-se _ :ion (3) 0f section 4; { issue of identity carc: t0 gtreet vendors; cancel certificate of vending; if necessary; under section 10; make recommenda:oris I0 the local authority for identification of 'no vending zones"; (g) maintenance Of record of street vendors; and (h) do any other function: which the local authority may assign lo il.
23 · and 36
9 · Temporary agsociation of persons with Town Vending Committee Sections 24 (1) A Town Vending Committee may. wilh the consent of the chairperson, a9d 36 temporarily associate with itself any person, it may desire, for assistance or advice , for carrying out its functions property and adequately in accordance with provisions of the Act and Ihese rules. (2) The person(s) temporarily associated under sub-rule (1) shall be paid similar amount as is paid to members of the Town Vending Committee under sub-rule (11) of rule 7 for atterding a meeting: 10. Employees for Town Vending Committee: (1) Every Town Vending Sections 25 Committee shall be provided S a number of employees from the local and 36 authority, as may be determinei: by the Chairperson from time to time keeping in view the workload to be hc.Idled by the Town Vending Committee (2) The employees determined under sub-rule (1) shall be provided out of the existing strength of Ihe employees of the local authority, who shall be paid salaries etc. out of the fund of the local authority. 11 Maintenance of record of Street Vendors. Every Town Vending Sectians 26 Committee shall maintain up t0 dale record of regislered street vendors and afid 36 street vendors to whom certificate of vending has been issued in a register containing serial number, name; father's name, address, mobile number etc, stall allotted, nature of business carried out, category of street vending; _ along with olher such details 0f the street vendors as may be considered necessary, in a register Io be maintained by it (2) The register mentioned in sub-rule (1) shall be maintained in the office of Town Vending Committee and ghail be open to inspection by the public 12 Returns _ Every Town Vending Committee shall furnish the following Sectons 30 returns to the State Government & ; to Ihe local authority within one month and 36 of closure of a financial year: . (i} the details of meetings hele, along with proceedings of each meeting; and (U) the details of the functions performed during the financial year under review. 13. Manner of publication of summary Of scheme by Iocal authority: Sections 36 The summary of scheme finalized and notitied under section 38, besides its and 38 publication in two newspapers of Punjabi language having wide circulation in the locality , shall be notified at the notice board of the local authority:
14 · Interpretation and removal of difficulties. For the purposes Of interpretation of the provisions of these rules Or removing any difficully in implementing the provisions of these rules, the Director , in the casa Of a Municipal Corporation and respective Regional Deputy Director of Urban Local Government in the case of Municipal Councils or Nagar Panchayats shall be the authority to interpret or;to resolve the difficully:
34 · aod 36
2 · Age alongwith proof of date of birth
3 · Father's Name
4 · Residential Address
5 · Subject matter of appeal
1 · Name
3 · Residential Address
5 · Nature of Street Vending activity
6 · Whether mobile venaor or stationery vendor
7 · . Location of vending zone
9 · Brief facts leading to the application
10 · Prayer for rellef