34%o_so_Kdo-33004/99
rules · 2014 · State unknown
Parent: THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 (1b3986d56a2bee2a7591e49ca93f3dccdedc4c86)
Text
Rule TOC
3874 · 1
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9 · Appeal against order or decision of Grievance redressal and dispute resolution committee:- 1) An appeal against an order O decision of a Grievance redressal and dispute resolution committee may be preferred by an aggrieved person, in Form B' to the appellate authority constituted by the concerned local authority, comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in the General Board meeting, within thirty days from the date of communication of such order Or decision appealed against: Provided that the appellate authority may condone the delay in case it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the prescribed time. (2) The appeal shall be in the form of a memorandum and shall be signed by the appellant and presented by him in person or through his authorised representative to the concerned local authority. (3) The memorandum of appeal shall be accompanied by original order Or certified copy of the Order, if any, against which appeal is preferred. The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred (5) No such appeal shall be entertained unless copy thereof has been served upon the respondent O respondents, as the case may be, and proof of such service has been filed:
16 · Removal of a member of Town Vending Committee:- Any member of a Town Vending Committee may be removed by the Government from the committee, if he, a) persistently makes defaults in the performance of his duties imposed on him under the Act and these rules or exceeds or abuses its powers; remains absent for three consecutive meetings of the Committee without the permission of the Chairperson; is convicted of any criminal case by any court of law: Provided that such member shall be given a reasonable opportunity of being heard before his removal. 17. Method of filling vacant post - (1) Where any vacancy occurs in Town Vending Committee due to resignation, death, removal Or otherwise of any member, other than a street vendor, the same procedure as specified in rule 12 shall be followed to fill up such vacancy and the member so nominated shall continue t0 be member for the remaining period of term of that member in whose place he has been nominated. (2) Where any vacancy occurs in a Town Vending Committee due to resignation, death, removal or otherwise of any member who is a street vendor; the local authority shall fill up that vacancy based on the election results conducted as per rule 14 and the member so elected shall continue to be a member for the remaining period of term of that member in whose place he has been elected_
18 · Allowances to members of Town Vending Committee - The allowances payable to the members of a Town Vending Committee, who do not hold any office of profit; shall be at the rate of rupees one thousand only for attending each meeting of the Town Vending Committee, or as may be fixed by the concerned Iocal authority from time to time 19. Meetings of Town Vending Committee:- (1) A Town Vending Committee shall ordinarily hold at least one meeting within period of three months O at any such intervals as the Chairperson of the Town Vending Committee may decide for the transaction of its business: Provided that the first meeting of a Town Vending Committee shall be convened by the Chairperson within forty five days of its constitution: Provided further that a requisition meeting may be called by the Chairperson on specific issue 0n the request of not less than one-third of the members of the Committee, and the meeting shall be convened within seventy-two hours after receiving the request so made. (2) The meetings of a Town Vending Committee shall be held at the headquarters of the local authority or at such place within the jurisdiction of the local authority as may be decided by the Chairperson: (3) notice shall be issued before seven days of scheduled meeting t0 all the members of the Town Vending Committee, along-with the agenda of the meeting: The quorum for the meeting shall be two-third members of the total strength of the Town Vending Committee. 5) No meeting shall be held in the absence of the quorum and where there is no quorum; the meeting shall be adjourned: 20. Procedure for transaction of business of Town Vending Committee:- (1) The Town Vending Committee may follow such procedure for transaction of its business as may be decided by the Chairperson in consultation with the members_
24 · Manner of maintenance of records of street vendors by Town Vending Committee - Every Town Vending Committee shall maintain up to date records as specil fied 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. 25. 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 t0 time_
26 · 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 of the Act shall be published by the local authority by means of public notice given in two prominent daily newspapers 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 Executive 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 Executive Officer of the local authority, as the case may be, may specify in this behalf:
8 · (i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the scrutiny of the nomination papers; (ii) The returning officer shall examine the nomination papers and decide objections, which may be made by any person in respect of any nomination and may, either on such objection, O on his own motion and after such summary inquiry, if any, as the returning officer thinks necessary, reject any nomination: Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name O the name of his proposer O seconder, Or any other particulars relating to the candidate o his proposer Or seconder; as entered in the list of street vendors referred to in paragraph 4 if the identity of the candidate, the proposer Or seconder, as the case may be, is established beyond reasonable doubt: (iii) the returning officer shall give all reasonable facilities to the contesting candidates or the proposer Or seconder as the case may be, to examine all the nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid; (iv) the returning officer shall endorse on each nomination paper his decision accepting O rejecting the same as the case may be, and if the nomination paper is rejected, he shall record in writing brief statement of his reasons for such rejection; the returning officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted Or obstructed by riots Or affray or by causes beyond his control; 9_ The list of valid nominations as decided by the returning officer with names in English alphabetical order and addresses of the candidates as given in the nomination papers will be displayed O published o the same day o which the scrutiny of the nomination papers is completed: 10. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 pm on the day following the day on which the valid nominations are published, to the returning officer of the Town Vending Committee and notice of withdrawal of candidates once given shall be irrevocable 11. If the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day f withdrawal of candidatures fixed under paragraph 10 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning officer may appoint one Or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be as prescribed in Form-2 annexed to this Schedule: 12_ The local authority shall provide the returning office with ballot boxes, ballot papers copy of list of street vendors or voters and such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked: candidate contesting the election may, by a letter to the returning officer appoint an agent to represent him both where polling is held to identify the voters and to watch the recording of votes and such letter shall contain the consent in writing of the agent concerned in Form-3 annexed to this Schedule 13_ Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited. 14. Immediately before the commencement of the poll, the returning 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 so desires_ 15. Every street vendor O voter who desires t0 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 column; for the voter to inscribe mark [x] against the names of persons to whom he wants to vote. 16. Each polling station and where there is more than one polling booth at station, each such booth shall contain separate compartment in which the street vendors or voters can record their votes in secrecy_ 17. No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or 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 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 Or other physical infirmity O illiteracy, the street vendor Or 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
18 · If at any stage of the polling, the proceedings are interrupted O1 obstructed by any riot O 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 poling; recording his reasons for such action in the minute book of the Town Vending Committee. 19 No street vendor 0r voter shall be admitted after the hours fixed for the poll but 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_ 20. 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 and the contesting candidates o their agents, if they 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 right to be present at the time of counting: But absence of any candidate o 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. 21. 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: 22. In case of equality of votes, the returning officer shall declare the election result by tossing coin: 23. The ballot paper shall be rejected by the returning officer if,- it bears any mark by which the street vendor's vote can be identified; (ii) it does not bear the seal of the Town Vending Committee or the initials of the returning officer; (iii) the mark indicating the vote thereon is placed in such a manner as t0 make it doubtful t0 which candidate the vote has been cast; (iv) is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. 24. After the result of election has been announced the result of the election and report thereon shall be communicated to the local authority as well as to the Government by the returning officer within three days after the declaration of result: 25. After the declaration of the result of the election, the returning officer shall handover the ballot paper and records relating to the elections of the members of the Town Vending Committee to the local authority in a sealed cover and the same shall safely be preserved by the local authority till the next election results are available and shall thereafter be destroyed by the local authority and copy of the handing over and taking over record of elections shall be sent to the Government as well as local authority by the returning officer along with his report THE SCHEDULE