The major focus of NASVI has been to push for the implementation of the Street Vending Act 2014 across the states .NASVI has been meeting theconcerned Ministers atthenational level and alsoatthe State levels.In this process NASVI delegation met the Union Cabinet Minister Mr. Venkiah Naidu, Union Minister of State for Housing and Urban Poverty Alleviation Shri Rao Inderjit Singh ,Chief Ministers of Andhra Pradesh, Telengana, Delhi, Rajasthan, Bihar, Uttrakhand ,Deputy Chief Minister of Goaand Urban DevelopmentMinisters and Secretariesof many states. NASVI has also beenwriting tothemforearlyand properimplementationoftheStreetVending Act 2014 . NASVI has been monitoring the implementationof theActgetting informationfrom multiple sources – Central Govt, StateGovts, Municipal Bodies, streetvendororganizations ,NGOsetc .Ithasprepared a spreadsheet and also prepared list of indicators on which to monitor .Needless to say there are many wholook forward seeking informationabouttheActand weprovidethemtherequisite information
Notification of Rules and Schemes
The first step in the implementation of the Act is notification of Rules and Schemes. Rules and Schemes are notified underthe section 36 and 38 of the StreetVendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. At present Rules are notified in 16 states i.e. Assam, Bihar, Chhattisgarh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Odisha, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttarakhand and in 6 Union Territories i.e. Andaman & NicobarIsland, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep and Delhi. Schemes are notified. in 10 states i.e. in Andhra Pradesh, Bihar, Kerala, Madhya Pradesh, Odisha, Punjab, Telengana, Tripura, Uttarakhand, Uttar Pradesh and in 3 Union Territories i.e. Chandigarh, Daman & Diuand Delhi.
NASVI has been entrusted by Government of Bihar for implementation of this Act for StreetVendors in 42 towns major (ULBs) of Bihar. Town Vending Committee has been formed in 42 ULBs and is having their meetings. In Bihar, NASVI has completed biometric survey in 42 ULB and has surveyed 55,635street vendors. All the data has been uploaded on SULM website. 306 vending zones have been identified. 943 street vendors from different ULBs have been given training under the NULM component. IHM, Hajipur has been giving training for preparing safe and hygienic food under FSSAI ACT. 40122 Vendors are being linked with social security schemes PMJJBY, APY, PMJDY, PMJSBY pension schemes, Housing for all etc. They are also linked with Bihar Shatabadi, JSY. 14,103 street vendors are linked financially like opening of bank accounts, loan linkages (SEP), Mudra loan, etc.
In Uttarakhand, TVC has been formed in two cities i.e. Dehradun and Haridwar and in Kashipur, Rudrapur, Haldwani and Roorkee, formation of TVC is under progress. Survey has been completed in Dehradun and Haridwar and in Kashipur,Rudrapur, Haldwani and Roorkee survey is under progress. Dehradun survey has been done by NASVI.13 vending zones are created in Haridwar and 12 Vending. zones are created in Dehradun and 6 Vending zones are identified in Roorkee. The process of identification of vending zones in Kashipur and Haldwani are under progress. Distribution process of Identity cards is under progress in Dehradun More than 2000 vendors have received identity cards in Dehradun.
Madhya Pradesh is still following the law it made for its state in 2012 . Municipal corporations did not start survey according to central law they only renewed old I’d cards Town wending committees were constituted but not as per guidelines and not active it’s only paper formalities. hawkers zone were established in Bhopal and Gwalior In Madhya Pradesh, TownVending committee has been formed in four district of Madhya Pradesh i.e. Gwalior, Jabalpur, Bhopal and Indore and the survey has been completed in these districts. In Jabalpur, Madhya Pradesh, 12 Vending Zones are created and some vending zones were identified in Gwalior, Bhopal etc. The process of distribution of identity card in Gwalior is under progress.
Both rules and schemes have ben formed In Rajasthan, TownVending Committee has been formed in JaipurJodhpur, Kota, Jaisalmer, Barmer and Bikaner. In Rajasthan, only in three cities i.e. Jodhpur, Mt Abu and Kota, survey has been completed. Vending Zones have been identified inJodhpur.
Rules and Schemes have been adopted. Survey completed in Chandigarh, Mohali and Jalandhar. TVC formed in Ludhiana and Mohali inPunjab.
This state has the most sensible rules and schemes and Municipal Corporations of Bhubaneswar, Cuttack, Rourkela and Berhampur in Odisha have formed Town Vending Committee for further implementation.
In Uttar Pradesh, both rules and schemes have been notified. Meerut Municipal Corporation completed the survey of 18,500 street vendors out of which 300 street vendors got Certificate of Vending. In Noida, Vending Zone in Sector 18, Noida has been systematize. Moradabad Municipal Corporation has implemented street vendor policy for the regulation of street vending activities in Moradabad. Total 8,500 street vendors are identified in the city. Corporation took decision on charging fee from various categories of street vendors. They are also working on creating the vending and no vending zones in Moradabad. In Uttar Pradesh, TVC Created in Banaras, Meerut, Ghaziabad, Moradabad, Kanpur, Firozabad, Aligarh, and Bareilly. In Bareilly 6000 street vendors have been surveyed.
Rules have not been framed though scheme has been notified. TVC formed in almost all important ULBs though meetings are not being held .Survey has been conducted in ten districts – Adilabad, Nizambad,Medak ,Karimnagar, Khamam, Hyderabad, Rangareddy ,Nalgonda, Mehboobnagar and Warangal .36,076 street vendors have been identified and 17,788 have been given identity cards . Vending Zoneshavebeencreated inWarangal
Like Telegana ,rules are still missing though scheme has been notified in Andhra Pradesh, TVC has been constituted in all the town . Vending Plan has been prepared in Vizag and Vending Zones have also been identified here. Vending Plan has been prepared in Vizag and Vending Zones have also been identified here. In Andhra Pradesh, survey completed in 15 Districts i.e. Vishakhapatnam, GVMC, Krishna, Vijayawada, Anathapur, West Godavari, East Godavari, Vijaynagaram, Kadapa, Kurnool, Guntur, Nellur, Prakasham, Srikakulamb and Chittoor, where 61,092 street vindors have been identified and 30,478 vendors have received ID cards. Vishakhapatnam have already created vending and non-vending zones and have also prepared a fully digitalized plan, the first of its kind in India.
In Tamil Nadu, Rules were drafted on 2 November 2015 and scheme was notified on 2 November 2015. 10 Cities constituted TVCs butthere are no regular meetings inTVCs, not completed TVCs formations in fewtowns. Survey is completed in 3 cities i.e. Trichy, Madurai, and Coimbatore and only intwocities of Madurai and Tirunavelli, ID Cardsare issued.
In Karnataka, Rules were drafted on 13 May 2016. TVC is formed in Mysore and Mangalore only. Mangalore created a vending zonewhere half of its vendors were adjusted. Distributing of ID cards is underprogress. Morethan50000 ID cardshasbeendistributed acrossKarnataka.
In Delhi, Ruleswere notified on 7 January 2016. Schemewas notified on 7 January 2016, but Delhi high courtput stayonthe Scheme. Surveyhas beendoneonly intheNDMCarea butitwill not beapplicable as it was not done according to street vendors act. Vending Zone has not been identified or created till now. Delhi vendors faced lot of problem which has taken lot of our time. Markets after markets were evicted. We got the scheme stayed from the High Court still vendors faced problems. Finally High Court gave a stay against eviction which it however amended later saying that the no vending zones which were declared in the past would continue .Thus in Delhi only one Municipal Body, the NDMC has constituted Town Vending Committee and even this could not function because of stay of HighCourt.
State government has formed the schemes but rules have not been formed. Till now twelve vending zones have been created in the Guwahati. Only two districts districts i.e. Lakhimpur and Guwahati have constituted TVCs. 7100 street vendors has been surveyed in Guwahati. Only 152 street vendors havereceived ID card in Guwahati district.
In Chandigarh, Rules and schemes have been formed. Survey has been done by a private agency. TVC has been constituted but active vendor leaders have been ignored .
State government has notified rules on 18 October 2016 but no schemes has been formed till now. Vending zone are not created or either identified by the state government. No TVCs are formed till now but the advertisement for the formation of TVC in Baroda has been placed in newspapers. Survey has been conducted in8 small ULBs .
InHP, rules and schemes have been formed. Survey has been carried out in 10 towns. Vending zone has been created in the seven districts .. 294 ID cards has been issued till now.
Both rules and schemes have been formed inHaryana. TVChas been formed in all the towns. Survey of all the towns has been done. Vending Zone has been created in Gurugram. Distribution of ID cards is under process in Gurugram.
Both schemes and rules have been formed by the state government. TVCs have not been created or neither survey conducted by theTVCs. Survey completed only in Palakkad District. Vending Zones are not created. ID cards have been distributed inPalakkad.
Rules were drafted on 3 August 2016. But no schemes are formed till now. TVC is formed only in Pune. But till now no survey has been done though a survey was conducted in Mumbai No rules and schemes are formed in Arunachal Pradesh, Goa, Meghalaya, Mizoram, Nagaland, Puducherry, Sikkim, Tripura, Jammu& Kashmirand WestBengal.
Street Vendor Law and the Judiciary
The Street Vendors’ Act 2014 was enacted the law on 4.3.2014 and came into force on 1.5.2014, as The Street Vendors (Protection Of Livelihood and Regulation of Street Vending) Act, 2014. It has overriding effect on all other laws as per Section33 of the said Act.
TheAct under Clause 3 (e) of the First Schedule prohibits declaration of any area as no-vending zones or vending zones or restricted vending zones until survey as provided under the Act has been carried out and the Plan for street vending has not been formulated. This read with Section 3 of the Act mandates that no existing hawker/vendor shall be evicted or relocated until the survey as envisaged under the Act is completed and the certificate of vending is issued to all street vendors. It is clear that the language of the Act is categorical that all existing street vendors are to be provided the benefit and protection of theAct. Therefore, any claim and the averment by the authorities that there is a ‘no hawking zone’ existing prior to the enactment of the Act is false and baseless. Further, the claim that vendors are “illegal” seeking their removal, is wholly false and cannot be entertained or sustained in law.Indeed, it has been held by the Division Bench of the Delhi High Court that any vendor who has been removed in contravention of theAct, must be restored.