The Rajya Sabha today
passed the Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Bill, 2014 . The Bill provides for protection of
livelihoods rights, social security of street vendors, regulation of urban
street vending in the country and for matters connected therewith or
incidental thereto. The Lok Sabha had passed the Bill on 6th
September ,2013.
Moving the Bill for consideration and Passing in the
house today , Dr. Girija Vyas, Minister of Housing and Urban Poverty
Alleviation, said “Street vendors constitute an integral part of our
urban economy. Street vending is not only a source of self-employment to the
poor in cities and towns but also a means to provide ‘affordable’ as well as
‘convenient’ services to a majority of the urban population, especially the
common man. Street vendors are often those who are unable to get regular jobs
in the remunerative formal sector on account of their low level of education
and skills. They try to solve their livelihoods issues through their
own meager financial resources and sweat equity.
Given the
pace of urbanization and the opportunities presented through the development
of urban areas, the growth of street vendors’ population is likely to have an
upward trend. She said “ It is vital that these vendors are
enabled to pursue their livelihoods in a congenial and harassment free
atmosphere. Inclusive growth strategy adopted by the 11th and 12th
Five Year Plans calls for a facilitating mechanism for street vending to aid
economic growth and inclusion simultaneously.”
Main features of the Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Bill,
2014 are as follows:
The Provisions of the Bill are
aimed at creating a conducive atmosphere where street vendors, are able to
carry out their business in a fair and transparent manner, without the fear
of harassment and eviction.
(i) The
Bill provides for constitution of a Town Vending Authority in each Local
Authority, which is the fulcrum of the Bill, for implementing the provisions
of the Bill.
(ii) In order to
ensure participatory decision making for aspects relating to street vending
activities like determination of natural market, identification of vending
zones, preparation of street vending plan, survey of street vendors etc. the
TVC is required to have representation of officials and non-officials and
street vendors, including women vendors with due representation from SC, ST,
OBC, Minorities and persons with disabilities. It has been provided that 40%
members of the TVC will be from amongst street vendors to be selected through
election, of which one-third shall be women.
(iii) To avoid
arbitrariness of authorities, the Bill provides for a survey of all existing
street vendors, and subsequent survey at-least once in every five years, and
issue of certificate of vending to all the street vendors identified in the
survey, with preference to SC, ST, OBC, women, persons with disabilities,
minorities etc.
(iv) All existing street
vendors, identified in the survey, will be accommodated in the vending zones
subject to a norm conforming to 2.5% of the population of the ward or zone or
town or city.
(v) Where the
number of street vendors identified are more than the holding capacity of the
vending zone, the Town Vending Committee (TVC) is required to carry out a
draw of lots for issuing the certificate of vending for that vending zone and
the remaining persons will be accommodated in any adjoining vending zone to
avoid relocation.
(vi) Those street vendors who
have been issued a certificate of vending/license etc. before the
commencement of this Act, they will be deemed to be a street vendor for that
category and for the period for which he/she has been issued such certificate
of vending/license.
(vii) It has been provided that no
street vendor will be evicted until the survey has been completed and
certificate of vending issued to the street vendors.
(viii) It has also been provided that in case a
street vendor, to whom a certificate of vending is issued, dies or suffers
from any permanent disability or is ill, one of his family member i.e. spouse
or dependent child can vend in his place, till the validity of the
certificate of vending.
(ix) Thus the mechanism is to
provide universal coverage, by protecting the street vendors from harassment
and promoting their livelihoods.
(x) Procedure for
relocation, eviction and confiscation of goods has been specified and made street
vendor friendly. It is proposed to provide for recommendation of the TVC, as
a necessary condition for relocation being carried out by the local
authority.
(xi) Relocation of street
vendors should be exercised as a last resort. Accordingly, a set of
principles to be followed for ‘relocation’ is proposed to be provided for in
the second Schedule of the Bill, which states that (i) relocation should be
avoided as far as possible, unless there is clear and urgent need for the
land in question; (ii) affected vendors or their representatives shall be
involved in planning and implementation of the rehabilitation project; (iii)
affected vendors shall be relocated so as to improve their livelihoods and
standards of living or at least to restore them, in real terms to pre-evicted
levels (iv) natural markets where street vendors have conducted business for
over fifty years shall be declared as heritage markets, and the street
vendors in such markets shall not be relocated.
(xii) The Local authority is required
to make out a plan once in every 5 years, on the recommendation of TVC, to
promote a supportive environment and adequate space for urban street vendors
to carry out their vocation. It specifically provides that declaration of
no-vending zone shall be carried subject to the specified principles namely;
any existing natural market, or an existing market as identified under the
survey shall not be declared as a no-vending zone; declaration of no-vending
zone shall be done in a manner which displaces the minimum percentage of
street vendors; no zone will be declared as a no-vending zone till such time
as the survey has not been carried out and the plan for street vending has
not been formulated. Thus the Bill provides for enough safeguards to protect
street vendors interests.
(xiii) The thrust of the Bill is on “natural
market”, which has been defined under the Bill. The entire planning exercise
has to ensure that the provision of space or area for street vending is
reasonable and consistent with existing natural markets. Thus, natural
locations where there is a constant congregation of buyers and sellers will
be protected under the Bill.
(xiv)
There is a provision for establishment of an independent dispute redressal
mechanism under the chairmanship of retired judicial officers to maintain
impartiality towards grievance redressal of street vendors.
(xv)
The Bill provides for time period for release of seized goods, for both
perishable and non-perishable goods. In case of non-perishable goods, the
local authority is required to release the goods within two working days and
incase of perishable goods, the goods shall be released the same day, of the
claim being made.
(xvi)
The Bill also provides for promotional measures to be undertaken by the
Government, towards availability of credit, insurance and other welfare
schemes of social security, capacity building programmes, research, education
and training programme etc. for street vendors.
(xvii) Section
29 of the Bill provides for protection of street vendors from harassment by
police and other authorities and provides for an overriding clause to ensure
they carry on their business without the fear of harassment by the
authorities under any other law.
(xviii) The Bill
specifically provides that the Rules under the Bill have to be notified
within one year of its commencement, and Scheme has to be notified within six
months of its commencement to prevent delay in implementation.
The Bill is aimed at creating a
conducive atmosphere for street vendors to do their business in dignity and
is likely to help in giving livelihood protection to about 1 crore families.
Background :
Considering the
significant contribution made by street vendors to the urban society, and to
enable them to earn a decent livelihood through creation of conditions for
decent work, without causing obstruction to the public and to reflect the
spirit of the Constitution of India on the right of citizens to equal
protection before the law as well as their right to practice any profession,
occupation, trade or business, the Government of India revised the National
Policy on Urban Street Vendors, 2004 and brought out the National
Policy on Urban Street Vendors, 2009.
The revised Policy was circulated to all States/UTs for
implementation after, the approval of the Union Cabinet on 23th February,
2009. The revised Policy underscored
the need for a legislative framework to enable street vendors to pursue an
honest living without harassment. Accordingly, a Model Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Bill, 2009 was
prepared by the Government of India. The Model Bill was also approved by the
Union Cabinet on 23th February 2009 and was circulated to all States for taking a cue while legislating on the subject.
The Ministry of
Housing & Urban Poverty Alleviation has been receiving continuous
representations from individual street vendors and their organizations to
bring a central legislation, which would be applicable to all the states and
UTs. Therefore, for giving a
national recognition to the contribution of street vendors and to ensure
uniformity in the legal framework for street vending across States, a Central
law on street vending is considered essential.
Regional level consultations were organized on the subject of
implementation of National Policy on Street Vendors and legislative framework
for street vending in Patna on 4th-5th March, 2011,
Mumbai on 24th September, 2011, and Delhi on 18.11.2011 which were
attended by representatives from State Governments, Urban Local Bodies, NGOs,
Civil Society, International Organizations, Experts, Members of Street
Vendors Associations etc.
A National Consultation was also held in New Delhi on 23rd December 2011 to
seek the views / comments of various stakeholders, including representatives
of Street Vendors’ organizations and street vendors themselves on the salient
features of the proposed legislation in order to evolve an effective and
practical central law for the protection of livelihood rights and social
security of street vendors. The suggestions and recommendations received
covered a wide variety of measures relating to providing a conducive framework
for street vending.
Accordingly, a new legislation namely ‘Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Bill, 2012’ was drafted under
entries 20 (economic and social planning), 23 (social security and social
insurance; employment and unemployment), and 24 (welfare of labour including
conditions of work, provident funds, employers liability, workmen’s
compensation, invalidity and old age pensions and maternity benefits) of List
III of the Constitution. The Bill provides for protection of livelihoods
rights, social security of street vendors, regulation of urban street vending
in the country and for matters connected therewith or incidental thereto.
The draft Bill, was circulated to States/UTs on 29.02.2012 for comments.
It was also discussed and deliberated during a National Consultation of
Housing/Urban Development Ministers of States and UTs on the 28th
of April, 2012, which was attended by 22 States, and received wide acceptance
and support.
The Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Bill, 2012, as approved by the Cabinet in its meeting held on 17th
August 2012, was introduced in the Lok Sabha on 6th September 2012.
The Bill was referred to the Standing Committee on Urban Development on
the 10th September 2012. The said Standing Committee presented its 23rd
Report on the Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Bill, 2012 to the Lok Sabha and laid on the table of Rajya
Sabha on 13th March 2013.
The Standing Committee has made in all 26 recommendations. The
recommendations made by the Standing Committee were considered by my Ministry
and it was proposed to accept 17 recommendations fully, 3 recommendations in
part or with modifications, and 6 recommendations are not proposed to be
accepted.
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