The Lok Sabha today passed the Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Bill, 2012. The
Bill provides for protection of livelihoods rights, social security of street
vendors, regulation of urban street vending in the country and for matters
connected therewith or incidental thereto.
Moving the Bill for consideration
and Passing in the house today, Dr. Girija Vyas, Minister of Housing and
Urban Poverty Alleviation, said “Street vendors constitute an integral part of
our urban economy. Street vending is not only a source of self-employment to
the poor in cities and towns but also a means to provide ‘affordable’ as well
as ‘convenient’ services to a majority of the urban population, especially the
common man. Street vendors are often those who are unable to get regular jobs
in the remunerative formal sector on account of their low level of education
and skills. They try to solve their livelihoods issues through their own
meagre financial resources and sweat equity.
Given the pace of urbanization and the opportunities
presented through the development of urban areas, the growth of street vendors’
population is likely to have an upward trend.
She said “It is vital that these vendors are enabled to pursue their
livelihoods in a congenial and harassment free atmosphere. Inclusive growth
strategy adopted by the 11th and 12th Five Year Plans
calls for a facilitating mechanism for street vending to aid economic growth
and inclusion simultaneously.”
Main features of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Bill, 2012 are as follows:
The Provisions of the Bill are aimed at creating a
conducive atmosphere where street vendors, are able to carry out their business
in a fair and transparent manner, without the fear of harassment and eviction.
(i) The Bill
provides for constitution of a Town Vending Authority in each Local Authority,
which is the fulcrum of the Bill, for implementing the provisions of the Bill.
(ii) In order to
ensure participatory decision making for aspects relating to street vending
activities like determination of natural market, identification of vending
zones, preparation of street vending plan, survey of street vendors etc. the
TVC is required to have representation of officials and non-officials and
street vendors, including women vendors with due representation from SC, ST,
OBC, Minorities and persons with disabilities. It has been provided that 40%
members of the TVC will be from amongst street vendors to be selected through
election, of which one-third shall be women.
(iii) To avoid
arbitrariness of authorities, the Bill provides for a survey of all existing
street vendors, and subsequent survey at-least once in every five years, and
issue of certificate of vending to all the street vendors identified in the
survey, with preference to SC, ST, OBC, women, persons with disabilities,
minorities etc.
(iv) All existing
street vendors, identified in the survey, will be accommodated in the vending
zones subject to a norm conforming to 2.5% of the population of the ward or
zone or town or city.
(v) Where the
number of street vendors identified are more than the holding capacity of the
vending zone, the Town Vending Committee (TVC) is required to carry out a draw
of lots for issuing the certificate of vending for that vending zone and the
remaining persons will be accommodated in any adjoining vending zone to avoid
relocation.
(vi) Those
street vendors who have been issued a certificate of vending/license etc.
before the commencement of this Act, they will be deemed to be a street vendor
for that category and for the period for which he/she has been issued such
certificate of vending/license.
(vii) It has been
provided that no street vendor will be evicted until the survey has been
completed and certificate of vending issued to the street vendors.
(viii) It has also
been provided that in case a street vendor, to whom a certificate of vending is
issued, dies or suffers from any permanent disability or is ill, one of his
family member i.e. spouse or dependent child can vend in his place, till the
validity of the certificate of vending.
(ix) Thus the
mechanism is to provide universal coverage, by protecting the street vendors
from harassment and promoting their livelihoods.
(x) Procedure
for relocation, eviction and confiscation of goods has been specified and made
street vendor friendly. It is proposed to provide for recommendation of the
TVC, as a necessary condition for relocation being carried out by the local
authority.
(xi) Relocation
of street vendors should be exercised as a last resort. Accordingly, a set of
principles to be followed for ‘relocation’ is proposed to be provided for in
the second Schedule of the Bill, which states that (i) relocation should be
avoided as far as possible, unless there is clear and urgent need for the land
in question; (ii) affected vendors or their representatives shall be involved
in planning and implementation of the rehabilitation project; (iii) affected
vendors shall be relocated so as to improve their livelihoods and standards of
living or at least to restore them, in real terms to pre-evicted levels (iv)
natural markets where street vendors have conducted business for over fifty
years shall be declared as heritage markets, and the street vendors in such
markets shall not be relocated.
(xii) The Local
authority is required to make out a plan once in every 5 years, on the recommendation
of TVC, to promote a supportive environment and adequate space for urban street
vendors to carry out their vocation. It specifically provides that declaration
of no-vending zone shall be carried subject to the specified principles namely;
any existing natural market, or an existing market as identified under the
survey shall not be declared as a no-vending zone; declaration of no-vending
zone shall be done in a manner which displaces the minimum percentage of street
vendors; no zone will be declared as a no-vending zone till such time as the
survey has not been carried out and the plan for street vending has not been
formulated. Thus the Bill provides for enough safeguards to protect street
vendors interests.
(xiii) The thrust
of the Bill is on “natural market”, which has been defined under the Bill. The
entire planning exercise has to ensure that the provision of space or area for
street vending is reasonable and consistent with existing natural markets.Thus,
natural locations where there is a constant congregation of buyers and sellers
will be protected under the Bill.
(xiv) There is a
provision for establishment of an independent dispute redressal mechanism under
the chairmanship of retired judicial officers to maintain impartiality towards grievance
redressal of street vendors.
(xv)
The Bill provides for time period for release of seized goods, for both
perishable and non-perishable goods. In case of non-perishable goods, the local
authority is required to release the goods within two working days and incase
of perishable goods, the goods shall be released the same day, of the claim
being made.
(xvi) The Bill
also provides for promotional measures to be undertaken by the Government,
towards availability of credit, insurance and other welfare schemes of social
security, capacity building programmes, research, education and training
programme etc. for street vendors.
(xvii) Section 29
of the Bill provides for protection of street vendors from harassment by police
and other authorities and provides for an overriding clause to ensure they
carry on their business without the fear of harassment by the authorities under
any other law.
(xviii) The Bill
specifically provides that the Rules under the Bill have to be notified within
one year of its commencement, and Scheme has to be notified within six months
of its commencement to prevent delay in implementation.
The Bill is aimed at creating a
conducive atmosphere for street vendors to do their business in dignity and is
likely to help in giving livelihood protection to about 1 crore families.
Background:
Considering the significant
contribution made by street vendors to the urban society, and to enable them to
earn a decent livelihood through creation of conditions for decent work, without
causing obstruction to the public and to reflect the spirit of the Constitution
of India on the right of citizens to equal protection before the law as well as
their right to practice any profession, occupation, trade or business, the
Government of India revised the National Policy on Urban Street Vendors,
2004 and brought out the National Policy
on Urban Street Vendors, 2009.
The revised Policy was circulated to
all States/UTs for implementation after, the approval of the Union Cabinet on
23th February, 2009. The revised Policy underscored the need for a
legislative framework to enable street vendors to pursue an honest living
without harassment. Accordingly, a Model
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Bill, 2009 was prepared by the Government of India. The Model Bill was also
approved by the Union Cabinet on 23th February 2009 and was circulated to all
States for taking a
cue while legislating on the subject.
The Ministry of Housing & Urban
Poverty Alleviation has been receiving continuous representations from
individual street vendors and their organizations to bring a central
legislation, which would be applicable to all the states and UTs. Therefore,
for giving a national recognition to the contribution of street vendors and to
ensure uniformity in the legal framework for street vending across States, a
Central law on street vending is considered essential.
Regional level consultations were organized on the
subject of implementation of National Policy on Street Vendors and legislative
framework for street vending in Patna on 4th-5th March,
2011, Mumbai on 24th September, 2011, and Delhi on 18.11.2011 which
were attended by representatives from State Governments, Urban Local Bodies,
NGOs, Civil Society, International Organizations, Experts, Members of Street
Vendors Associations etc.
A National Consultation was also held in New Delhi on
23rd December 2011 to seek the views / comments of various stakeholders,
including representatives of Street Vendors’ organizations and street vendors
themselves on the salient features of the proposed legislation in order to
evolve an effective and practical central law for the protection of livelihood
rights and social security of street vendors. The suggestions and recommendations
received covered a wide variety of measures relating to providing a conducive
framework for street vending.
Accordingly, a new legislation namely ‘Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Bill, 2012’ was
drafted under entries 20 (economic and social planning), 23 (social security
and social insurance; employment and unemployment), and 24 (welfare of labour
including conditions of work, provident funds, employers liability, workmen’s
compensation, invalidity and old age pensions and maternity benefits) of List
III of the Constitution. The Bill provides for protection of livelihoods
rights, social security of street vendors, regulation of urban street vending
in the country and for matters connected therewith or incidental thereto.
The draft Bill, was circulated to States/UTs on
29.02.2012 for comments. It was also discussed and deliberated during a
National Consultation of Housing/Urban Development Ministers of States and UTs
on the 28th of April, 2012, which was attended by 22 States, and
received wide acceptance and support.
The Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Bill, 2012, as approved by the Cabinet in its
meeting held on 17th August 2012, was introduced in the Lok Sabha on 6th
September 2012.
The Bill was referred to the Standing Committee on
Urban Development on the 10th September 2012. The said Standing Committee
presented its 23rd Report on the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Bill, 2012 to the Lok Sabha and laid on the table
of Rajya Sabha on 13th March 2013.
The Standing Committee has made in all 26
recommendations. The recommendations made by the Standing Committee were
considered by my Ministry and it was proposed to accept 17 recommendations
fully, 3 recommendations in part or with modifications, and 6 recommendations
are not proposed to be accepted.
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