Lok Sabha Question No. 3310 (UNSTARRED), answered on 2019-01-01
Subject: Street Vending Activities
Ministry: HOUSING AND URBAN AFFAIRS
Asked by: RANGASWAMY DHRUVANARAYANA

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING AND URBAN AFFAIRS LOK SABHA

## UNSTARRED QUESTION NO. 3310

TO BE ANSWERED ON JANUARY 01, 2019

## STREET VENDING ACTIVITIES

No. 3310 SHRI R. DHRUVA NARAYANA:

Will the Minister of HOUSING AND URBAN AFFAIRS be pleased to state:-

- (a) the number of street vendors operating in metro cities and other big cities;
- (b) the  details  of  the  recommendations  made  by  Arjun  Sengupta Committee in respect of vendors in unorganized sector;
- whether  the  Government  proposes  to  enact  a  model  law  to  allow street vending through a regulatory system in urban areas to save them  from  harassment  caused  by  law  enforcing  agencies  and permit  them  to  set  up  shops  with  proper  registration  with  the
- (c) competent authority; and
- (d)
- if so, the details thereof?

## ANSWER

## THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING & URBAN AFFAIRS

## [SHRI HARDEEP SINGH PURI]

- (a): It  is  estimated  that  approximately  2%  of  the  total  urban population comprise street vendors.
- (b): The  National  Commission  for  Enterprises  in  the  Unorganized Sector (NCEUS) chaired by Dr. Arjun K. Sengupta, had submitted a detailed and comprehensive Report on 'Conditions of Work and Promotion  of  Livelihoods  in  the  Unorganized  Sector'  in  August 2007 which had made certain recommendations on Urban Street Vendors. These are attached at Annexure-I.

(c)&(d): In  order  to  protect  rights  of  urban  street  vendors  and  to regulate street vending activities, the Government has already enacted the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 which is applicable to all States/ UTs except for the State of Jammu & Kashmir.  It  is  implemented  by  respective  States/UTs  by framing Rules, Scheme, Bye-laws and Plan for Street Vending as  per  provisions  of  the  Act.  The  plan  for  street  vending, inter-alia,  determines  the  vending  zones,  restricted  vending zones and no-vending zones based on local conditions in their respective  jurisdictions.  The  Act  also  contains  provisions relating  to  prevention  of  harassment  by  police  and  other authorities  of  street  vendors  who  carry  on  street  vending activities  in  accordance  with  the  terms  and  conditions  of their certificate of vending.

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## Annexure-I to Lok Sabha Unstarred Question No. 3310 for Answer on

## 01.01.2019

## National  Commission  for  Enterprises  in  the  Unorganised  Sector  (NCEUS) Recommendations on Urban Street Vendors

- Provide,  promote  supportive  environment  for  earning  livelihood  to
- urban street vendors
- Restriction of street vending in urban areas to only on the consent of owners
- 3 level monitoring mechanism: Town Vending Committee (TVC) ward level; CEO Municipal Level; Official at state level
- Constitution  of  TVC  in  each  ward  of  all  towns  by  municipal authorities
- TVC to have greater participation of vendors; RWAs, Market and Traders Associations to have no role
- TVC to identify 3 zones - no restriction for hawking, with certain restrictions, no vending
- Hawking zones to be city specific
- Regulate  space  based  on  space  available,  previous  occupancy, lottery if applicants exceed space to be undertaken by TVC
- Allocation against payment of fee as recommended by TVC
- TVC to collect revenue to ensure prefixed rate only charged
- Registration and issue of identity card to street vendors by TVC
- Registered street vendors given preference for new shops when licences for new ones issued
- TVC to monitor, provide facilities
- Dissemination of information on credit, linking of street vendors with micro credit agencies by TVCs
- Maintenance of hygiene and cleanliness by vendors themselves
- Appropriate redressal mechanism to be maintained by TVC
- Municipal authority to implement decisions by hawkers
- Amendment of Section 283 IPC and Section 34 Police Act to exempt street vendors from their purview with reasonable restrictions
- Mechanism for eviction
- Issue of notice prior to eviction - giving due date and time
- Imposition of fine if space not cleared within due date
- Confiscated  goods  may  be  obtained  by  payment  of  fine  and  within fixed durations
- Incentives to state governments and municipalities to tackle issue of street vendors
- Formation of action plan for various levels
- Application of legislation regarding Social Security and Conditions of Work to address the issues pertaining to the livelihood needs of urban street vendors.

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