Street Vendors Act, 2014

Coverage of this Article

KEY TAKEAWAYS

-The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act was passed in 2014.

INTRODUCTION

-Indian economy is a mixture of established businesses and services and street vendors, hawkers, and shops that make a large part of India's informal economy.

IMPORTANT PROVISIONS OF THE ACT

Definitions under the act

-Section 2(1)(b) lays down the definition of holding capacity which means the total number of vendors that can be in a particular vending zone and it is decided by the local authority on the commendations of the Town Vending Committee.

Rights of street vendors

-Sections 12 and 13 lay down the rights of the street vendors by putting some exceptions to it. Section 12 states that every street vendor will have the right to carry on its business of street vending according to the terms and conditions of the vending certificate but this right cannot be exercised in an area that has been embarked as no vending zone.

Town Vending Committees (TVC)

-Town Vending Committee is defined under Section 2(1)(m) that is constituted by the appropriate Government in an area and can be more than one in an area if the Government finds it necessary and is governed under Section 22 of the Act. The role of the Committee is to provide vending certificates, recognize the rights of the vendors, make surveys of vending areas, and set the holding capacity of a particular area.

Composition

-According to Section 22, a TVC shall have a chairperson who can be Municipal Commissioner or the Chief Executive Officer and there shall be other members as nominated by appropriate representing traffic police, medical officer, the planning authority, an association of street traders, an association of market traders, community interest organization, resident welfare organizations, banks and any other such organisation that is for the welfare of the street vendors.

Survey of street vendors and issuance of certificate of vending

-Section 3 of the Act says that the Town Vending Committee shall conduct a survey of all existing street vendors within the area under restriction and such service shall be carried out at least once every five years.

Provisions of eviction and seizure

-Section 18 of the Act mentions the guideline for or location or eviction of street vendors. It states that the local authority on the recommendations of the Town Vending Committee has the power to declare any zone or a part as a non-vending zone and locate the street vendors in another area. The local authority also has the power to evict those street vendors, whose certificate of vending has been cancelled under Section 10 of the Act, or who carry out the activity of vending without any certificate.

LANDMARK JUDGEMENTS FOR THE WELFARE OF STREET VENDORS

-Bombay Hawkers Union v. BMC & Others, in this case, the Supreme Court for the very first time upheld the right to livelihood of street vendors and held that unreasonable restrictions and conditions cannot be imposed on the street vendors.

CONCLUSION

-It can be concluded that street vendors form a significant part of the informal economy of India and needed protection from the police and authorities to carry on their business without any interference.

KEY TAKEAWAYS

• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act was passed in 2014.
• It aimed to recognize and protect the rights of the street vendors.
• The Town Vending Committees (TVC) is one of the most important authorities under the Act.
• The Act divides vendors into stationary, street, and mobile vendors.
• Section 12 and 13 of the Act lay down the rights of the vendors.

INTRODUCTION

Indian economy is a mixture of established businesses and services and street vendors, hawkers, and shops that make a large part of India's informal economy. These street vendors can be found all across the city and it does not matter whether the area is developed or underdeveloped, they find a way for living almost anywhere. The people who make the community of street vendors are the ones that travel from villages and rural areas to metropolitan cities in search of better living standards and working opportunities. Cities like Mumbai, Calcutta, and Delhi contribute to the major population of street vendors in the country. They are an integral part of society and help maintain a continuous chain of supply and demand because they provide affordable rates in the urban market.

Since these people migrate from villages and have minimal capital with them, they are forced to establish their shops and markets near railway stations, pavements on the roadside and often have to face clashes with local police and municipal authorities. To protect these hawkers and street vendors from hardships and preserve their rights, the parliament in 2014 passed the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, which aimed to give the rights and opportunity to them to earn their livelihood with no outer pressure.

The Act was passed in accordance with Article 14 and Article 19(1)(g) of the Constitution that gives the right to life and personal liberty and the right to practice any profession, trade, and business to every individual in India. During the Commonwealth Games in India in 2010, many street vendors were moved from their places in order to make the land for holding the games and this act of the Government caught criticism from several NGOs and led to the formation of said Act. It recognizes the trade of the vendors and gives them the right to carry their trade and business and puts the responsibility on the State Governments to prevent the infringement of the rights of the street vendors.

IMPORTANT PROVISIONS OF THE ACT

• Definitions under the act

Section 2 of the Act puts down the dentitions of the terms used under the Act and some of the important definitions are as following:

Section 2(1)(b) lays down the definition of holding capacity which means the total number of vendors that can be in a particular vending zone and it is decided by the local authority on the commendations of the Town Vending Committee.

Section 2(1)(c) defines local authority which means a municipal corporation, municipal council for a Nagar panchayat, or any civic authority that provides civic services and regulates street vending.

Section 2(1)(d) defines mobile vendors which include those that carry out their vending activities by moving from one place to another to sell their goods and services

Section 2(1)(k) defines stationary vendors means street vendors to carry out their vending activities at a specific location and on a regular basis.

Section 2(1)(l) defines a street vendor means a person who sells articles good food items and things of everyday use to the general public by being on a street, lane, sidewalk, footpath pavement public park any other public area

Section 2(1)(m) defines a Town Vending Committee as a body constituted by the appropriate Government under Section 22 of the Act.

Section 2(1)(n) defines vending zone means and an area or a location allotted by the local authority on the recommendations of Town Vending Committee that it is used by the street vendors and it includes footpath, sidewalk, payment, street area for any other area which is considered suitable for vending activities.

• Rights of street vendors

Sections 12 and 13 lay down the rights of the street vendors by putting some exceptions to it. Section 12 states that every street vendor will have the right to carry on its business of street vending according to the terms and conditions of the vending certificate but this right cannot be exercised in an area that has been embarked as no vending zone.
Section 13 of the Act lays down the rights of street vendors for a new site or area on relocation. It states that every street vendor who holds a certificate for street vending in case of relocation under Section 18 will have the right to carry out his vending activity in the area allotted by the local authority in consultation with the Town Vending Committee.

• Town Vending Committees (TVC)

Town Vending Committee is defined under Section 2(1)(m) that is constituted by the appropriate Government in an area and can be more than one in an area if the Government finds it necessary and is governed under Section 22 of the Act. The role of the Committee is to provide vending certificates, recognize the rights of the vendors, make surveys of vending areas, and set the holding capacity of a particular area.

Composition

According to Section 22, a TVC shall have a chairperson who can be Municipal Commissioner or the Chief Executive Officer and there shall be other members as nominated by appropriate representing traffic police, medical officer, the planning authority, an association of street traders, an association of market traders, community interest organization, resident welfare organizations, banks and any other such organisation that is for the welfare of the street vendors.

The number of persons nominated to represent the Non-Governmental Organisations and the community will not be less than 10 percent whereas the number of members representing street vendors will not be less than 40 percent and they will be elected by the street members themselves and there should be one-third of female members representing the female street vendors. It is also to be kept in mind that due representation should be given Schedule Castes, Scheduled Tribes, and Other Backward Classes from the street vendors.

• Survey of street vendors and issuance of certificate of vending

Section 3 of the Act says that the Town Vending Committee shall conduct a survey of all existing street vendors within the area under restriction and such service shall be carried out at least once every five years. The Committee shall also ensure that all street vendors identified in the survey are accommodated in the vending zone according to the plan for the street vending and the holding capacity of the vending zone. The Committee should also make sure that no street vendor is evicted or relocated till the survey is completed and the certificate of vending is issued to all state vendors.

Section 4 of the Act deals with the issuance of the certificate of vending. It states that every street vendor identified under Section 3 who has completed the age of 14 years shall be issued a certificate of vending by the Town Vending Committee and if the person has been issued a certificate of pending before the commencement of this Act, such person shall be deemed to be a street vendor for that category for which the certificate was issued.
To give equal opportunity to every street vendor, Section 4 also states that in case of persons seeking vendor certificate exceed the holding capacity of the vending zone, then the Town Vending Committee shall carry a draw of lots for issuing the certificate and the remaining person shared the allocated to an adjoining vending zone.

• Provisions of eviction and seizure

Section 18 of the Act mentions the guideline for or location or eviction of street vendors. It states that the local authority on the recommendations of the Town Vending Committee has the power to declare any zone or a part as a non-vending zone and locate the street vendors in another area. The local authority also has the power to evict those street vendors, whose certificate of vending has been cancelled under Section 10 of the Act, or who carry out the activity of vending without any certificate.
This Section also keeps a check on the power of the local authorities and states that no vendor can be relocated or elected by the local authority unless he has in given a notice of 30 days and the relocation or the eviction shall not be done physically by the local authority unless the vendor has failed to vacate the area beyond the time specified in the notice. If a street vendor fails to relocate or vacate the place after the expiry of the specified period, he shall be liable to pay a penalty e for every day of default it which can be extended up to Rupees 250.
Section 19 of the Act deals with the seizure of the goods by the local authorities and the procedure to reclaim the goods. According to this Section, if the street vendor fails to vacate the place after the lapse of such period as mentioned in the notice given under Section 18 of the Act, in such case the local authorities will have the power to seize the goods of the vendor in addition to the eviction. The street vendors whose goods have been seized can reclaim his good after paying such fees as prescribed.

LANDMARK JUDGEMENTS FOR THE WELFARE OF STREET VENDORS

Bombay Hawkers Union v. BMC & Others, in this case, the Supreme Court for the very first time upheld the right to livelihood of street vendors and held that unreasonable restrictions and conditions cannot be imposed on the street vendors.

In Gainda Ram vs MCD, the Supreme Court noted that just because the hawkers were poor and unorganized, their fundamental right cannot be left in the dark nor they should be left completely on the varying standards of a scheme that change from time to time under the orders of the court.

In South Calcutta Hawkers Association v. Government of West Bengal, the High Court of Calcutta held that street vending is a fundamental right and it should be made available to all citizens but it can be subjected to Article 19(6) of the Constitution and it is within the authority of the state to impose any kind of restrictions to regulate the street vending.

In Sodan Singh v. NDMC, the Supreme Court laid guidelines that had to be followed by the Civic authorities until proper legislation regulating the street vendors was born into force. However, the implementation of these guidelines became a subject of litigation before various High Courts and the Supreme Court itself.

CONCLUSION

It can be concluded that street vendors form a significant part of the informal economy of India and needed protection from the police and authorities to carry on their business without any interference. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act was passed with the intention to protect the rights of the street vendors and it has done justice in doing so by recognizing and accepting and giving them places to carry out their vending activities. On the other hand, it also imposes several restrictions on the vendors such as compulsory registration, power to the authorities to relocate the vendors, penalties on non-compliance, etc., and many times the vendors are not capable enough to pay penalty and have to suffer in the hands of local authorities by seizure of their goods.

The Supreme Court of India long before the implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act recognized the fundamental rights of the vendors in the Bombay Hawkers Union case but even after such recognition by the courts and the Parliament, the vendors still have to suffer hardships. In many cities across the country, they are forced to pay money to the police at regular intervals to protect themselves from harassment. Maximum vendors are poor and uneducated and lack information about such schemes therefore, are unable to claim the benefits provided by the Government.

Even the Town Vending Committee constituted under the Act is scarce across the state and the Act lacks implementation on the hands of the state. The Central Government should take stringent steps against the State Governments and direct the proper implementation of the Act to make sure that the street vendors are benefitted from the rights given to them under the Act.