The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012

• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 was introduced in the Lok Sabha on September 6, 2012 by Ms. Kumari Selja, Minister of Housing and Urban Poverty Alleviation.

• The Bill shall not be applicable to land owned or controlled by the Railways under the Railways Act, 1989.

• The Bill requires every street vendor to be registered with the Town Vending Committee. The Bill states that the minimum age of a street vendor has to be 14 years.

• Street Vendors have been defined to include ‘any person engaged in vending of articles, goods, food etc or offering services to the general public in a street lane, side walk, footpath, pavement, public park, or any other public or private area.  It includes hawkers, peddlers, and squatters.

• The Bill provides that no person can undertake any street vending activity without obtaining the required vending certificate.  Every registered street vendor shall be issued an identity card. 

• The Bill states that a vending certificate shall be issued to (a) stationary vendors; or (b) mobile vendors; or (any other category of vendor recognised by the appropriate government.

• The Bill requires every local authority to frame a street vending plan.  The plan has to be reframed every five years.  The plan shall determine the vending zones as (a) restriction-free vending zones; (b) restricted vending zones; and (c) no-vending zones.  The plan should also take into account that the areas available for street vending is reasonable, does not lead to overcrowding and is consistent with natural markets.

• The Bill defines natural markets as “a market where sellers and buyers have traditionally congregated for more than a specified period for the sale and purchase of specific products or services and has been determined as such by the local authority.”

• The appropriate government shall frame a street vending scheme.  The scheme shall include amongst others: (a) the manner of applying for registration, (b) the period within which the decision has to be made and, (c) any other condition to be imposed on the vending certificate.

• The Bill empowers the local authority to relocate street vendors.  The authority may do so, of the street vendors are causing a public nuisance or obstructing the movement of the public. A registered street vendor who has been relocated shall be entitled to new site for vending.

• The local authority is also empowered to confiscate the goods of the vendors in the manner specified in the street vending scheme.

• The Bill empowers the Town Vending Committee to cancel or suspend the vending certificate.  This may be done if the vendor has breached the conditions of street vending either under the Bill or under the street vending scheme.

• An appeal can be made to the local authority against the decision of the Town Vending Committee.  The appeal shall be with respect to (a) decision regarding the grant of registration; or (b) cancellation/suspension of the vending certificate.

• The local authority shall constitute a grievance redress committee.  The committee shall consist of one sub judge/judicial magistrate / executive magistrate and other persons experienced in street vending.  Appeal against the decision of Committee shall lie with the local authority.

• The Bill defines the duties of the local authority to include amongst others; (a) monitoring and supervising the street vendor scheme; (b) monitoring the effectiveness of the Town Vending Committee; and (c) deciding appeals.

•  A penalty may be imposed on the street vendors if the vendor :(a) does not have a vending certificate; or (b) vends beyond the designated zone or specified timings; or (c) contravenes the vending certificate.  A maximum penalty of Rs 2000 may be imposed on the street vendor.

• The appropriate government may provide for credit, insurance and other welfare schemes for the street vendors.