Presentation by Dr. P.K. Mohanty, Joint Secretary & Mission Director (JNNURM)

lR;eso t;rs National Policy onUrban Street Vendors and Model Bill Salient Features and Role of State Governments & Urban Local Bodies Presentation by Dr. P.K. Mohanty, Joint Secretary & Mission Director (JNNURM) Ministry of Housing & Urban Poverty Alleviation, Government of India, New Delhi

Supreme Court Ruling 1989 • “if properly regulated, according to the exigency of the circumstances, the small traders on the side walks can considerably add to the comfort and convenience of the general public, by making available ordinary articles of everyday use for a comparatively lesser price. An ordinary person, not very affluent, while hurrying towards his home after a day’s work, can pick up these articles without going out of his way to find a regular market. The right to carry on trade or business mentioned in Article 19 (1) g of the Constitution, on street pavements, if properly regulated, cannot be denied on the ground that the streets are meant exclusively for passing or re-passing and no other use." • [Sodan Singh & Others versus New Delhi Municipal Council, 1989]

National Policy on Urban Street Vendors (2009) and Model Bill : Objectives • Overarching Objectives: • To provide for and promote a supportive environment for the urban street vendors to carry out their vocationwhile at the same time ensuring that vending activities do not lead to overcrowding and unsanitary conditions in public spaces and streets. • Specific Objectives : • To give street vendors a legal status by formulating an appropriate law and thereby providing for legitimate vending zones in city master or development plans ; • To provide civic facilities for appropriate use of identified spaces as vending zones/ markets in accordance with city master plans;

Specific Objectives • To eschew imposing numerical limits on access to public spaces by discretionary licenses, and instead moving to nominal fee-based regulation of access, where previous occupancy of space by the street vendors determines the allocation of space; • To promote, where necessary, organizations of street vendors; • To set up participatory processes that involve local authority, planning authority, police, associations of street vendors, RWO and other civil society organizations; (…Contd)

Specific Objectives • To promote norms of civic discipline amongst street vendors by institutionalizing mechanisms of self-management and self-regulation in matters relating to hygiene, waste disposal etc.; • To promote access of street vendors to such services as credit, skill development, housing, social security and capacity building.

Salient Features • The Town Vending Committee (TVC) to be constituted by the appropriate Government in all cities/towns and wards (if considered necessary). • Functions of TVC have been clearly specified with reference to • undertaking periodic surveys, • registration and issuance of Identity Cards, • Monitoring of vending activities, • assessing and determining maximum holding capacity of each vending zone. • The demarcation of 'Restriction Free Vending Zones', 'Restricted Vending Zones' and 'No-vending Zones' is to be made city/town specific. Mobile vending to be permitted in all areas unless designated as 'No-vending Zone’ (…Contd)

Salient Features • There should not be any cut-off date for registration or limit imposed on the number of vendors who should be permitted to vend in any city/town, subject to registration of such vendors and regulation through the TVC • Concept of roster based time-sharing model of space has been introduced; • System of registration and issuance of Identity Cards with details such as vendor code number, vendor's nominee, category (stationary/mobile) etc. is introduced; • Provision for reservation for SCs/STs and giving priority to physically challenged/disabled persons in allocation of vending stalls/spaces has been made; (…Contd)

Salient Features • A time limit for stationary vendors - ten years with a further extension of another ten years - is introduced; • To prevent the extortion of street vendors, the collection of revenue through TVC is introduced; • Street vendors, being micro-entrepreneurs, should be provided with vocational education and training etc. • The TVC would disseminate information pertaining to the availability of insurance and credit, especially micro-finance to the street vendors. • The Credit Guarantee Fund Scheme for Small Industries (CGFSI), designed by the SIDBI and similar schemes are to be extended to the street vendors; (…Contd)

Salient Features • The TVCs would be responsible for redressal of grievances and resolution of disputes arising amongst the street vendors or between the street vendors and third parties (as the first point of intervention); • The Policy recommends the conduct of comprehensive, digitized photographic surveys of street vendors and their locations by competent professional institutions/agencies and maintenance of computerized information systems. • GIS Mapping of vending zones/vendors markets envisaged

Developing & Implementing Action Plan Government of India • Circulated the Policy and Model Bill to the State/UT Governments for suitable adoption as per their local condition; • Periodic review the progress of the adoption of the both Policy and Model Bill; • Keep record of the best practices followed in the States & disseminate them; • Guide suitably the State Governments and try to find realistic solutions to the problems, if any faced by them while adopting these; • Providing support for Vendors’ Markets under schemes like JNNURM, 10% Lump sum provision for NER, etc.

Developing & Implementing Action Plan State/UT Governments • Adopt and implement the National Policy on Urban Street Vendors 2009, take pro-active action to bring out legislation on Street Vending, frame rules and schemes taking into account the National Policy and Model Bill. • Initiate a comprehensive, digitalized photo census/survey/GIS mapping of street vendors’ in cities/towns, building up a robust database and information system. • Constitute Town Vending Committee (TVC) at City/Town level. Ward Vending Committee may be constituted, if necessary. • Provide 40% representation of the street vendors’ and at least one third of the representation of women in the TVC; Reasonable representation should alsobe provided to the physically challenged in the TVC. (…Contd)

Developing & Implementing Action Plan State/UT Governments • Designate an municipal official as the convenor of the TVC who will be responsible for implementing its decisions. • Provide support for the effective functioning of TVCs • Register every eligible vendor. The registration process must be simple and expeditious. There may be "on the spot" temporary registration process on renewable basis. Issue Biometric Identity Cards. • Take steps to restructure Town Planning/Municipal/Urban Development Laws/Regulations; amend City Master/Zonal/Local Area Plans to make them 'inclusive' and address the requirements of space for street vending as an important urban activity through "norms" for reservation of space for street vendors in accordance with their current population and projected growth, duly taking into account the formation of “natural markets”. (…Contd)

Developing & Implementing Action Plan State/UT Governments • Ensure that the statutory plans of every new area should have adequate provision for vending space and vendors’ markets. • Demarcate 'Restriction-free Vending Zones', Restricted Vending Zones', 'No-vending Zones' and 'Mobile Vending Areas' in every city/town, tasking into account the natural propensity of street vendors to locate in certain places at certain times in response to patterns of demand for their goods/services or the formation of "natural markets", traffic congestion and other factors in view. • Promote week-end markets, festival bazaar, evening markets, food streets/street food marts, rehri markets etc. in public maidans - on a first-come-first-serve, if demand exceeds the available space. • Provide basic civic facilities in the vending places; tap schemes like JNNURM. (…Contd)

Developing & Implementing Action Plan State/UT Governments • Allot space/stalls only to the registered street vendors on license basis initially for a period of 10 years with a further extension of another ten years. Adequate reservation should be made for the SCs/STs and physically challenged/disabled persons. • Regulate street vending including self-regulations by vendors’ associations • In case of contravention of rules, due notices should be served on the street vendors. If the space is not cleared within the notified time, afine should be imposed. If the space is not cleared even after the notice and imposition of fine, physical eviction may be resorted to. Vendors should be entitled to get their confiscated goods back within a reasonable time on payment of prescribed fee. • Ensure that the vendors remove all their wares every day/ on expiry of the time-sharing period.

Developing & Implementing Action Plan State/UT Governments • Provide vocational education, training and entrepreneurial development skills to the vendors; extend benefits under SJSRY. • Enable Self-Help Groups (SHGs) and organizations of vendors to access credit from banks through mechanism like SHG-Bank Linkage. • Undertake measures to prevent vending by children and provide for their rehabilitation. • Take steps for convergence in the delivery of various programmes for the benefit of street vendors such as, Swarn Jayanti Shahri Rojgar Yojana, Jawaharlal Nehru National Urban Renewal Mission, Prime Minister's Employment Generation Programme, Aam Admi Bima Yojana, Rashtriya Swasthya Bima Yojana, Skill Development Initiative, etc. • The State Nodal Officer shall send an annual report to the Central Government containing relevant statistics on street vendors, programmes undertaken for them, etc.

Thank You

Presentation by Dr. P.K. Mohanty, Joint Secretary & Mission Director (JNNURM)