The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 : Decoded

The Bill aims to protect the livelihood rights of street vendors as well as regulate street vending in urban areas across the country. It does not apply to land, premises and trains owned or controlled by the Railways under the Railways Act, 1989.

Registration and issue of vending certificate to Street Vendors

• Any person (above the age of 14 years) intending to undertake any street vending activity may register with the Town Vending Committee (TVC) which may be constituted in each local authority.

• Any registered person may apply to the TVC for a vending certificate. The criteria on the basis of which vending certificates will be issued shall be specified in the street vending scheme developed by the state government. The criteria may include preference for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), minorities, women and disabled persons. The TVC may charge a vending fee.

• Only those persons with a vending certificate are permitted to work as street vendors. Every street vendor has the right to undertake vending activities in the vending zone specified in the certificate. A street vendor shall not be prevented from exercising this right by any person, police or any authority under any other law.

• The certificate can be issued to a stationary, mobile or any other vendor and will specify the vending zone, time period for carrying on the vending activities, and other conditions and restrictions on street vending.

• Individuals who have been issued a vending certificate before the commencement of this Act, will continue to be street vendors for the period specified in the certificate.

Role of the state government and the local authority

• Every local authority shall in consultation with the planning authority prepare a street vending plan once in every five years. The plan shall determine spatial vending zones as restriction-free, restricted and no-vending zones as well as other changes required for accommodating existing and future street vendors.

• Some of the parameters to be considered in the plan are: the area available for street vending is reasonable, does not lead to overcrowding, and is consistent with existing natural markets (i.e. a market where buyers and sellers have traditionally congregated for sale and purchase of specific goods for more than a specified period of time).

• The state government shall frame a street vending scheme specifying: (a) criteria and process for registration and issue of vending certificate; (b) eviction and relocation of street vendors and manner of confiscation of goods; (c) process for and disposal of appeals; (d) principles for determining vending zones.

Town Vending Committee

• One or more TVCs may be constituted in each local authority, zone or ward. The TVC will specify the time limit for issue and renewal of registration and vending certificate. It will also keep records of street vendors including the stall allotted for vending, category of vending and the business carried out.

• The TVC shall comprise of (a) the municipal commissioner; (b) representatives of street vendors (at least 40 per cent of the TVC, of which one-third are women); and (c) representatives of the local authority, planning authority, local police, traffic police, resident welfare associations, banks, and other traders associations. The Bill also requires the representation of SCs, STs, OBCs, minorities and disabled persons in the TVC.

Eviction and Relocation of Street Vendors and Penalty

• The local authority may evict the street vendor, if he consistently fails to comply with the provisions of the Bill. The goods of the vendors may also be confiscated in the manner specified in the street vending scheme.

• The local authority can relocate the street vendors for: (a) creating public nuisance; (b) obstructing public movement; or (c) any other public purpose. The street vendor shall be entitled to a new vending site.

• The local authority shall give seven days notice to the street vendor before relocating or evicting him.

• A maximum penalty of Rs 2000 may be imposed on a street vendor if he:(a) vends without a vending certificate, beyond the designated zone or specified timings; or (b) violates the terms of the vending certificate or any other provisions of the Bill. The penalty will be decided by the local authority.

Grievance Redressal Mechanism

• Street vendors who have a grievance can appeal to a dispute redressal committee constituted by the local authority. The committee shall consist of one sub judge/judicial magistrate or an executive magistrate and other persons experienced in street vending and natural markets. The committee has to redress the grievance within the time period specified in the scheme.

• An appeal against the decision of the committee shall lie with the local authority.

• The TVC may cancel or suspend a street vendor’s vending certificate for breach of provisions of the Bill, vending certificate or scheme. An appeal against the decision of the TVC shall lie with the local authority.

Source – PRS website