Transcript Slide 1

CHHATTISGARH
Urban Hawkers & Street Vendors
(Registration & Regulation)
Byelaws
An Overview
State Urban Development Agency
Government of Chhattisgarh
RAIPUR
Preliminary Points
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Slated for 3rd level of legislation: the ULB level.
Urban Hawkers & Street Vendors (Registration &
Regulation) Byelaws proposed as local Byelaws.
Rationale:
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Under the spirit of 74th CAA, what can be legislated
at the local level must be legislated at that level.
If ULB owns the legislation, its motivation level for
implementation is bound to be higher.
Initially, Byelaws proposed only for 10
Corporation towns in Chhattisgarh: Raipur, Bhilai,
Durg, Korba, Bilaspur, Raigarh, Ambikapur, Jagdalpur,
Rajnandgaon and Chirmiri.
Legal Framework
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Mother Law: Chhattisgarh Municipal Corporation
Act, 1956. Model Byelaws proposed under this Act.
Sec 432 A (1) of the Act provides: “The State
Government may, from time to time, make model
byelaws for any matter in which a Corporation is
empowered to make byelaws under this Act, and
publish them in the Gazette for the guidance of the
Corporation.”
Sec 427 contains an illustrative list of 46 broad
matters on which the Corporation can frame byelaws.
Sec 427 (24) lists Management of Municipal Markets
and Sec 427 (25) lists Private Markets. Both cover
hawkers and vendors.
Corporation Cannot Play Truant
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Section 427 states: “The Corporation may, and,
if so required by the Government, shall
make byelaws …”
Under Section 432-A(2), “ … the Government may
require the Corporation to adopt such
model byelaws …”
Section 432-A(3) provides: “If any Corporation
fails to comply with a requisition made under
sub-section (2) within six months of the
making thereof, the State Government may
apply to such Corporation the model
byelaws …”
Procedure for Legislation
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State Government frames model byelaws.
Model Byelaws must be approved by the
Cabinet. No need to pass it through the
legislature.
Model Byelaws are published in the Gazette
“for the guidance of the Corporation.”
Corporation adopts the Model Byelaws
under Sec.432-A(2).
Government notifies the adoption of the
byelaws by the Corporation.
Byelaws become operational.
Objectives of the Byelaws
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To recognize the street vendors’ right to a
dignified livelihood and to provide them
usufruct right over a space for vending.
To promote good vending practices through:
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Regulation of Space: where/when to vend,
where/when not to vend.
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Enforcing Hygiene: Facilitating enforcement of
cleanliness and hygiene norms for public health and
safety.
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Strengthening of Vendor Markets: ULB to
develop infrastructure and utilities: shed, water, power,
drainage, sanitation….
Exemptions
• Vending on Railway lands and in trains.
• Vending in natural markets (haat bazars),
where traditional rights hold good.
• Festival time vending, like Diwali firecrackers market, Holi colors etc, for which
systems are already in place at ULB level.
• Vending in exhibitions and fairs, where
other rules are already in force.
Regulation versus Freedom
• National policy, nobly conceived,
proposes two seemingly incompatible
objectives: (a) regulation of vending, and
(b) freedom to all to practice vending.
• States are advised to find ways to
reconcile the above two objectives.
• In CG Model Byelaws, distinction is drawn
between vendors and hawkers.
• Hawking is kept largely free, Vending is
regulated in a vendor-friendly manner.
Vending versus Hawking
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Vending: “Sale of goods/services from a
kiosk or wheeled vehicle or push-cart or
basket(s), rested upon a public place;
customarily parked or stationed at a place,
functional all through the day or part of the
day.”
Hawking: “Sale of goods or services by a
person, whether bearing the goods as headload or in a vehicle or pushcart, such person
being on the move and not stationed at any
customary spot in or outside the market
place.”
Hawking: Kept Free, largely
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Any person can take to hawking. No restriction,
no registration.
Free Passage: Hawkers can use any road or street
for passage, but cannot stop and hawk in No
Hawking Zones.
No Hawking Zones: places and roads where
hawking can cause traffic-jams and other public
nuisance.
No Hawking Signboards shall help identify these
roads and zones.
Hawking in No Hawking Zone shall attract
penalty.
A hawker may in course of time become a vendor.
Vending Rights Card
• Vending Rights Card (VRC): An identitycum-registration card, with vendor’s
photo.
• Usufruct Rights , not Title: The VRC
confers usufruct rights over a public
space, not title over land.
• VRC is non-transferable, to check
hijacking of benefits by the mafia.
• VRC valid for 1 year, renewable without
hassle if all dues of ULB are paid.
Eligibility for Getting VRC
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Must be a resident of the city for a specific length
of time.
Must not have any space in the city, whether own
or rental, for conducting his/her business.
Must not have any other business.
Could be a present vendor or an unemployed
person.
Must provide undertaking to pay dues punctually
to ULB.
One applicant, one VRC only.
All vendors presently in business will be
accommodated.
Management Structure
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Carrot-and stick approach: judicious mix of rights and
privileges with fines and penalties for offenders.
Town Vending Committee (TVC) under the Municipal
Commissioner at City level. Vendors included in TVC.
ULB Commissioner empowered to function as the
principal drive.
Ward Vending Committee(s) (WVC) under Ward
Member at the ward level. Vendors included in WVC.
Superintendent to provide executive support to the
Commissioner in implementing the Byelaws.
Ward Vending Committee prime forum for dispute
resolution. Appeal lies with Commissioner.
Spatial Planning-1
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“Vending Spaces” not “Zones” conceived as
basic units in vendor as also public interest.
Vending spaces could be spaces available on
regular or part-time basis.
Spaces will be identified on ward/area basis
by the Ward Vending Committee.
“Space” could be as small as to
accommodate just one or two vendors.
Provision in byelaws to ensure that crowding
of vendors should not hurt economic
viability of the business of vendors.
Spatial Planning-2
• Regular Vending Spaces: Spaces where
the vendors can sit and sell all through
the day, six days a week.
• Restricted Vending Spaces: Spaces where
vending rights can be granted for part of
the day or week (e.g., spaces in front of
shops when shops are closed)
• No-vending Spaces: Where vending leads
to public nuisance and needs to be
banned.
Community Participation
• Role provided to Ward/Area Sabhas
according to the spirit of Community
Participation Law.
• Ward/Area Sabhas have a say in
identification and grant of vending space
and may recommend cancellation of VRC
if a vendor is found undesirable.
• Ward Sabha has a major role in dispute
resolution among vendors.
Revenue, Rent & Royalty
• Auction of vending space has been
banned to ensure that money-power
should not grab vending spaces.
• Vendors must pay to ULB (a) Registration
Charges (b) Vending Right Royalty, and (c)
Vending Space Monthly rent.
• First two are revenue for ULB, third is to
finance maintenance and upkeep of the
vending space.
Thank You!
State Urban Development Agency
Government of Chhattisgarh
RAIPUR