Functioning/ Provision of the Town Vending Committee
Two Day Punjab State Town Vending Committee (TVC) Training
Two Day Town Vending Committee (TVC) training Programme was organised by NASVI on 5 th – 6 th June, 2017 Punjab Circuit House, Ludhiana, Punjab. Around 45 TVC members from Punjab attended this training programme. Mr. Vishal Anand gave the training on the Street Vendors Protection of Livelihood and Regulation of Street Vending Act 2014, National Policy on Street vendors. He further explained the rules and scheme of Street vending Act and how TVC is constituted accordingly, what are the functions of different TVC members, their importance and the legal rights of street vendors. Mr. Tiger Singh – Executive member of NASVI was also present at the event.
Need for a TVC in the Towns and Cities
- Cities cannot be designed for any one particular group. Design should be inclusive and for all.
- Authorized vendors will create job opportunities and will enhance the economy.
- Famous economist Chris taller stated that “Human will always purchase goods from the closest place that offers the goods, and whenever demand for a certain good is high, it will be offered in close proximity to the population.”
- Vendor’s wills have a direct association with low-income group.
- To generate practical information that will inform policy makers so that they are able to understand the dynamics of street vending.
- Local development practitioners will also gain better insights in managing the problem of street vending as well as policy gaps will be identified.
- Organization of hawking zones and giving hawkers a social status will help make city a better place.
The 2014 Act provides for the constitution of Town Vending Committees (TVCs) that look into the matters of the street vendors. It provides for constitution of a TVC under each local authority and if needed in each wards or zone under the local authority.
A TVC is not a tripartite council. It is much more than that and hence can be called a multipartite committee. Each TVC is to be chaired by the Municipal Commissioner or Chief Executive Officer and consist of such number of other members as may be prescribed, to be nominated by the State Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, NGOs, community based organizations, resident welfare associations, banks and such other interests as it deems proper.
- The Town Vending Committee shall carry on a survey at least once in every 5 years of all the existing Street Vendors within their jurisdiction.
- 5% of the existing street vendors of the total population of any ward, zone, town or city are to be accommodated in the vending zones. And no one can be relocated or evicted till the survey is complete and certificate of vending issued
- Anyone who has completed the age of 14 years shall be issued a certificate of vending by the TVC.
- Prior to the issuance of certificate every street vendor shall give an undertaking to the Town Vending Committee that he shall carry on the business of street vending himself or through any of his family member.
- The Town Vending Committee may cancel or suspend the certificate of the Street Vendor if there is any breach of terms and conditions mentioned in the act.
- Every street vendor who has been issued vending certificate shall pay vending fees which shall be renewable on payment of fees.
- In case of the death of the Street Vendor the vending certificate shall be transferred to the spouse or the dependent child of the deceased vendor.
- Every street vendor who has been issued vending certificate shall be issued identity cards also by the TVC.
- Vending fees shall be paid by every street vendor who has been issued certificate and this certificate will be valid for such a period as specified in the scheme. The certificate is renewable on the on payment of fees as specified in the scheme.
- Every Street Vendor who is aggrieved has the right to be heard before disposal of his matter by the Local Authority.
- Every Street Vendor shall maintain cleanliness, public hygiene, civic amenities and public property in the vending and nearby zone. And pay periodic charges for civic amenities and facilities.
- On relocation and eviction of street vendors, the act says the local authority may ,on the recommendation of the Town Vending Committee declare a zone or part of it to be a no vending zone for any public purpose and relocate the street vendors
- No vendor shall be relocated or evicted from the specified place without 30days notice.
- Ion seizure of good, the Act says that where any seizure is carried out , a list of goods seized shall be prepared and a copy duly signed by the person authorized to seize the goods shall be issued to the street vendor and in case of seized goods by the local authority, non-perishable goods shall be released within two working days and in case of perishable goods on the same day.
15. For redressal of grievance or resolution of disputes of Street Vendors there shall be a Committee consisting of a Chairperson who has been a civil judge or a judicial magistrate and two other professionals. But no government employee or the local authority shall be appointed as members of the committee.
- Once in every 5 years the local authority on the recommendations of the Town Vending Committee shall prepare a plan to promote the vocation of Street Vendors covering the matters contained in the 1st
- There shall be at least one Town Vending Committee for each zone or ward. Each Town Vending Committee shall consist of Municipal Commissioner or Chief Executive Officer, who shall be the chairperson.
- The number of members nominated to represent the NGOs and the CBOs shall not be less than 10%. The numbers of members representing the Street Vendors shall not be less than 40% who shall be elected by the Street Vendors themselves in such manner as may prescribed.
- 1/3rd of members representing the Street Vendors shall be from amongst women vendors and due representation shall be given to the SC, ST, OBC, minorities and persons with disabilities from amongst the members representing Street Vendors.
- Notwithstanding anything contained in any other law for the time being in force, no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force.
The role of the Chairman and members of the Town Vending Committee –
According to 2014 Act, the appropriate government may by rules provide for the term and the manner of constituting Town Vending Committee in each local authority Depending on the rules being framed by respective states under Section 36 of the Act, the roles may vary. What is given below is a general summary and indicative of the roles of different Govt. functionaries that are emerging across India.
Chairman (Commissioner / Chief Executive Officer)
- He or she will be responsible to conduct TVC meeting.
- To create, distribute and take the agenda for the meeting with the consultation of other members (especially street vendors)
- To share about the issues taken up in the meeting among all the members and is also responsible to invite District Magistrate and inform him or her especially in the finalizing vending and no vending zones.
- To operate the account of TVC with the consultation of all the representative members of street vendors.
City Manager/ Revenue Officer
- To assist the Commissioner/ Executive Officer in the successful operation of the TVC and complete all the assignment given by the Commissioner/ Executive Officer.
- To monitor and verify the survey (biometric) of all the street vendors or getting them edited or verified in his leadership.
- To keep all the records and work related to street vendors and TVC.
- To prepare and issue identity card and registration certificate to all the street vendors.
Civil surgeon (Health Officer)
To Spread awareness in the context of various health and hygiene programs of the government (For this work, help can be taken from TVC, Town Lavel Federations and other street vendors associations or representatives)
To arrange FSSAI registration and training under the Food Safety and Standards Authority of India for the food street vendors (who sell foodstuffs)
District Planning Officer / Municipal Body Engineer
- To prepare plan for the survey of street vendors, identify and plan the development of Vending and non-vending zones, with different departments (such as District Administration, PWD, CPWD, road improvement, bridge construction, corporation department etc.) and coordination as per the requirement.
- To take NOC certificates for creating vending zones
- To provide general minimum basic necessities (electricity, water, toilets) in vending zones
- To conduct meeting of vending zone’s street vendors for self-employment or making rules according to the requirements.
Superintendent of police
- The role of Police administration is important in the Town Vending Committee. Police administration is the responsible for the successful conduct of law and order and traffic.
- To coordinate between traffic and vending
- To allow vending according to time / day in highly pressurized areas
- To take help and include Town Level Federation and Street Vendors Union in traffic operations and Awareness Programs.
Representation of leading Bank
- Bank play vital role in the current economic and social development. .
- To open bank account of the street vendors.
- To provide loans to the street vendors for better livelihood options.
- To provide economic support through different schemes of government and specially Pradhanmantri Mudra Yojana
Representative of Chamber of Commerce
- Chamber of Commerce is one of the most respected associations in business areas in India. This association provides protection and cooperation from a business and professional in various ways.
- This association can play a vital role in protecting the street vendors in the Town Vending Committee, promoting their business.
- It can play vital role in increasing the business of street vendors, and it can prepare good loan scheme and send it to the government. The association can be an important link between the government and street vendors.
Representatives of NGOs and Community Based Organization
- Work in advocacy with government and policy makers for better working and living condition of workers working in the unorganized sector, and service providers. Its role can be in the following forms:
- To organizing the street vendors connecting them to market committees / city level associations
- To link them with market committee / city level committee
- Provide training to market committees / city level associations
- To coordinate between government and associations for the better medical arrangements of street vendors and also work ensuring social security and such other programs .
- To provide and create platform at state and national level for the street vendors
Representatives of community organizations and non-governmental organizations can facilitate municipalities, street vendors and the general public so as to make common citizens aware of their responsibilities towards the street vendors and to secure their livelihood.
Representative of street vendors / Town Level Federation
The role of the representative of street vendors in the Town Vending Commission is very important. It is known that TVC is formed for the regulation and welfare of the street vendors. Thus the TVC members have to play a pro active role in pushing the agenda of street vending.
- To Coordinate with other members of TVC
- To have detailed information about the city, especially the place where the land is being designated for vending, what are the challenges of the vendors or what can be done int eh city for the vendors.
- To have discussion with other members (market/association) on the agenda before participating in the meeting.
- To provide such information to the committee concerning the vendors or the Vending area which can facilitate in decision-making.
- the street vendors.
- To guard against false survey and issue of identity card.
on a regular basis, agenda is circulated before hand , consensus is built among the street vendor representatives before the meeting , minutes of the meeting are rightly recorded immediately after the conclusion of the meeting and minutes are circulated . The TVC should also demand that there should be an office of TVC with secretarial support and also they are issued identity card and a letter of election/appointment as TVC member.
Constitution of the TVC.
After the notification of the rules, the next step is to constitute is as per the prevision of the rules. People having questions about constitution must look into the rules regarding the procedures for constitution of the TVC. A major problem raised is how to fill the representatives of Street Vendors who are to be elected and not nominated. States are finding different methods. Here is an example from Jodhpur, Rajasthan.
In the city of Jodhpur, the ADM City II) initiated the formation of Town Vending Committee under section 22 of The street vendors (Protection of livelihood and regulation of street vending) act, 2014.. ADM visited the markets enquiring about organizations working with street vendors. In the first stage different NGOs and Organizations working with street vendors were asked to prepare a list of all the vendors who were their members stating their, name, address, sex, place of vending and type. Vendors who were not associated with any organization was asked to submit his or her details directly. At the end of this stage approximately 400 vendors were identified.
All the vendor organizations were invited and asked to nominate names for TVC.12 people from the vendor organizations were nominated for being members of the upcoming TVC. The ADM organized a meeting for all, for discussing the process and motto of the TVC and also to organize voting process.2 people withdraw their nomination at the last moment. So all the 10 nominees were declared winner by the ADM after a through verification process. The verification process included that the nominated member’s name is there on the survey list and this will be further clarified by a personal verification by Municipal Authority and Police.
The public notification published on 18/04/2016 stated that a town vending committee needs to be formed in the city of Jodhpur where other than representatives of vendors, 2 members from Trade Unions, RWA & NGOs will also be selected for TVC. Interested members can nominate their names for the TVC. Names could also be withdrawn by 29/04/2016. The final nominated candidates are supposed to submit self-declaration regarding his innocence and membership with the vendor organization. After this the voting would take place and only vendors are entitled to vote.
On 2nd of May 2016, TVC members were elected for TVC and on 5th May 2016 the election identity card was provided to the selected members. And on 11th May, 2016 TVC list was formed.
TVC was finally formed with the membership of different stakeholders in the city of Jodhpur:
After the formation of the T.V.C a demonstration was carried out in the city so as to spread the news across the city and aware the citizen and vendors about the same. The entire process of election was completed by 2nd May 2016 and TVC was constituted on 11th May 2016.