The Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014
A statistical data given by the Ministry of
Housing and Urban Poverty Alleviation shows that there are more than 10 million
of the street vendors in India. Alone Mumbai, Kolkata, Delhi, and Ahmedabad has
more than 9 million of them. These street vendors are a significant part of
India's informal economy. Most of the street vendors are the migrants from the
rural areas who come to metropolitan cities for earning purpose.
Due to the lack of capital, these vendors sell
their products on the government places like railway stations, bus stands, and
public streets. Being an unregulated practice, the street vendors has to face
several problems like eviction threats by municipal authorities or extortion by
police. In 2010's Commonwealth games many vendors were evicted due to security
concerns. This lead to a massive outcry by NGO's and the vendors and the idea
of protecting the rights of street vendors was born. The act was tabled in
Parliament in 2012 and came into force in 2014.
The objective
The government of India enacted The Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
to legalise the street vendors' vending rights. This act was brought in
accordance with Article 14 of the Constitution of India which states right to
equality, and freedom to trade, profession, and business and enshrined under
Article 19(1)(g) of the Constitution. The act regulates the street vendors and
gives provisions for a regulatory body. The act lays responsibility on the
government to recognise the rights of the street vendors and provide them with
protection from any kind of extortion and infringement.
The state governments have been empowered by
the act to protect the rights of the street vendors. The act also gives
provision for a "Town Vending Committee" constituted by the
respective state government under section 22. There is also local authority
which is a Municipal Corporation or a Municipal Council or a Nagar Panchayat.
The local authority will work on the recommendation of the Town vending
committee.
Town Vending Committee
The Town Vending Committee plays a vital role
in recognising the rights of street vendors. It operates over the local
authority and makes survey surveys, setting up that particular area's holding
capacity. The committee also issues the vending license to carry out vending
business.
Composition
The committee consists of a Chairman, and
other members having their representation from the traffic police, the planning
authority, medical officer, an association of market traders, an association of
street traders, community interest organisation and other organisations deems
suitable by the government. The Chief Election Commissioner or the Municipal
Commissioner is the Chairman of the "town vending committee". 10 per
cent members of the committee shall be from non-government organisations or
community service-based organisations. In order to protect the rights of the
street vendors, 40 per cent members shall be the from street vendors community,
out of which one-third representative shall be women, and due prominence shall
be given to the Scheduled caste and scheduled tribe people.
Power and functions of the committee
The "town vending committee" has to
organise meetings from time to time concerning the framing of rules and
regulations and discharging its functions. The local authority of that area
will provide the office place for the committee.
According to Section 3 of the act, the committee
shall survey the area where the street vendors conduct their business, and such
survey shall be done once in 5 years. The committee will determine the holding
capacity of the street vendors, and it shall be two and a half per cent of the
total population of the ward or locality.
Further, section 4 says that the committee
shall issue the "vending certificate" to the vendors who have
completed the age of 14 years or such age as may be prescribed by the
appropriate government.
No street vendor shall be evicted in case he
is left from the survey done by the town committee and has not been certified.
Section 5 provides that every street vendor shall give an undertaking to the
Town Vending Committee prior to the issue of a certificate of vending under section
4, that—
(a) he shall carry on the business of street
vending himself or through any of his family member.
(b) he has no other means of livelihood:
(c) he shall not transfer in any manner
whatsoever, including rent, the certificate of vending or the place specified
therein to any other person.
Right of Street Vendors
Section 12 to Section 17 of the act provides
provisions for the rights of Street Vendors. It is mentioned that every street
vendor has to carry out the business as per the conditions mentioned in the
certificate. Every street vendor has to abide by the rules and can relocate a
new area for the practice of his street vending after the consultation with the
town vending committee. The street vendor is liable to maintain public hygiene
and cleanliness and civic amenities near the vending area and shall occupy the
space within the time frame and vacate such space as the provided time frame
ends. For the enjoyment of the rights and services, the vendor has to pay
certain charges as provided by the local authority.