Lok Sabha Question No. 5763 (UNSTARRED), answered on 2018-04-03
Subject: Transfer of Tehbazari
Ministry: HOME AFFAIRS
Asked by: Richard Hay

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 5763

TO BE ANSWERED ON THE 03 RD  APRIL, 2018 /CHAITRA 13, 1940 (SAKA)

TRANSFER OF TEHBAZARI

5763. PROF. RICHARD HAY:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the  details  of  requests  received  so  far  from  the  legal  heirs  (family members)  of  allotted  persons  who  died  or  suffers  from  any  permanent disability  or  is  ill  of  Tehbazari  under  the  Control  of  New  Delhi  Municipal Corporation  (NDMC)  area  of  Indian  Oil  Building  site  (Adjacent  to  IOB), Janpath for transfer in the name of family members (legal heirs), year-wise;
- (b)  the  details  of  such  requests  cleared  and  still  pending  so  far  and  the reasons for the pendency, year-wise;
- (c)  the  details  of  documents  required  for  transfering  of  Tehbazari  in  the name of legal heirs of  Street Vendors of the said site and the details of legal  heirs  who  have  submitted  complete/required  documents to transfer the Tehbazari in their names; and
- (d) the details of efforts made/being made by the Government to clear the pending  requests  and  the  time  by  which  such  requests  are  likely  to  be cleared?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a)  to  (d):    The  NDMC  has  informed  that  twelve  (12)  applications  for transfer  of  tehbazari  on  legal  heir  basis  of  Janpath  area  have  been received.

As  per  Section  5(2)  of  the  Street  Vendors  (Protection  of  Livelihood  and Regulation of Street Vending) Act 2014 where 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 in following order of priority,

## L.S.US.Q NO. 5763 FOR 03.04.2018

may vend in his place, till the validity of the certificate of vending -

- (a):    spouse of the street vendor,
- (b):    dependent child of the street vendor,

provided that where a dispute arises as to who is entitled to vend in the place  of  the  vendor,  the  matter  shall  be  decided  by  the  Town  Vending Committee under Section 20 of the Act.

Under Street Vendor Act 2014, the Government of NCT of Delhi has notified the  Street  Vendors  (Protection  of  livelihood  and  Regulation  of  street vending)  Scheme  2016.    A  survey  was  conducted  w.e.f.  25-07-2016  by Town Vending Committee constituted under the Scheme in NDMC area but Hon'ble High Court vide its order dated 08-08-2016 in WPC No 6622/2015 in the  matter  of  Janodaya  Ekta  Samiti  (Regd)  vs  Govt  of  NCT  of  Delhi  and others has stayed the Street Vendors Scheme 2016.

The  Government  of  NCT  of  Delhi  has  notified  the  Street  Vendors Rules on 10-01-2018 to constitute Town Vending Committee for deciding the  matter  of  Street  vendors.  Accordingly  the  process  of  constitution  of Town  Vending Committee has been initiated. Such cases may  be considered by Town Vending Committee in accordance with law.

***********