CHHATTISGARH Urban Hawkers & Street Vendors (Registration & Regulation) Byelaws An Overview

1. CHHATTISGARH UrbanHawkers & Street Vendors (Registration & Regulation) ByelawsAn Overview State Urban Development Agency Government of Chhattisgarh RAIPUR

2. Preliminary Points Slated for 3rd level of legislation: the ULB level. Urban Hawkers & Street Vendors (Registration & Regulation) Byelaws proposed as local Byelaws. Rationale: 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.

3. Legal Framework 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.

4. Corporation Cannot Play Truant 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 …”

5. Procedure for Legislation State Government frames model byelaws. Model Byelaws must be approved by the Cabinet. No need to pass it through the legislature. ModelByelaws 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.

6. Objectives of the Byelaws 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: Regulation of Space: where/when to vend, where/when not to vend. EnforcingHygiene: Facilitating enforcement of cleanliness and hygiene norms for public health and safety. Strengthening of Vendor Markets: ULB to develop infrastructure and utilities: shed, water, power, drainage, sanitation….

7. Exemptions Vending on Railway lands and in trains. Vending in natural markets (haatbazars), where traditional rights hold good. Festival time vending, like Diwali fire-crackers 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.

8. 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.

9. Vending versus Hawking 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 head-load 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.”

10. Hawking: Kept Free, largely 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.

11. Vending Rights Card Vending Rights Card (VRC): An identity-cum-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. VRCvalid for 1 year, renewable without hassle if all dues of ULB are paid.

12. Eligibility for Getting VRC 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.

13. Management Structure 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 disputeresolution. Appeal lies with Commissioner.

14. Spatial Planning-1 “VendingSpaces” 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.

15. 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.

16. 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.

17. 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.

18. Thank You! State Urban Development Agency Government of Chhattisgarh RAIPUR