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State of Uttar Pradesh - Section

Section 14 in U.P. Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017

14. Issue of Certificate of Vending.

(1)Every street vendor identified under survey carried out under rule 11 and registered under rule-12, shall be issued a certificate ofvending in Form-3 by the Town Vending Committee or any officer of the municipality authorized by it in this behalf.
(2)Every street vendor shall follow the conditions mentioned under section 5 of the Act.
(3)The certificate of vending shall be issued under any one of the following categories, namely, -
(a)a stationary vendor, or
(b)a mobile vendor, or
(c)vendors in weekly markets , or
(d)any other category as may be specified in the scheme or as may be determined by the Town Vending Committee.
(4)The terms and conditions on which the certificate of vending shall be issued after giving an undertaking in Form-2 are -
(i)there shall be restrictions to build permanent structure for stationary vending;
(ii)street vendor shall pay the fees as determined by the Town Vending Committee regularly and timely;
(iii)waste produced during street vending shall not be thrown on road, footpath, or in drains or sewer line. The waste shall be collected in a dustbin and be handed over to the agency authorized by the municipality for door to door collection. For this service, they have to pay monthly user charges;
(iv)every street vendor shall maintain cleanliness at the place of vending and the adjoining areas. Food street vendors selling eatables shall maintain public health and personal hygiene;
(v)vending shalt be carried only on the allotted place and time mentioned in the vending certificate. Any contravention shall be treated as violation of the Act and the scheme and the vendor shall be liable to such penalty as may be determined under the provisions of the Act which includes the cancellation of the vending certificate;
(vi)street vendor shall ensure maintenance of civic amenities and safety of public property in Vending zone and the adjoining areas;
(vii)street vendor shall ensure that smooth flow of traffic/vehicles and public convenience are not hindered due to vending activities;
(viii)the streets vendors shall not sell prohibited goods. They shall not do any such activity/ work/ business/service which pollutes the environment or causes public hindrance /nuisance;
(ix)if necessary, street vendor may be relocated under the provisions of section 18 of the Act to the adjoining vending zone on the availability of space;
(x)there shall be no vending activities on foot over bridges and flyovers;
(xi)outside places of worship, vendors can be permitted to carry on vending activities and to sell items required by the devotees for offering to the deity or for like flowers, sandalwood, candles, agarbatties, coconut, chadars, sweets etc. Town Vending Committee may take decision in this matter in accordance with the local circumstances and street vendors shall haVe to abide by these restrictions and instructions.
(5)The preference shall be given to the vendors belonging to the Scheduled Castes, the Scheduled Tribes, other Backward Classes, women, persons with disabilities and minorities for issuing the certificate of vending.
(6)The certificate of vending shall be issued for five years. If all the terms and conditions were followed sincerely and no violation of rules and Act was committed, the certificate of vending shall be renewed further for the period of five years.
(7)Every street vendor who has been issued certificate of vending shall pay to the municipality such vending fee as may be fixed by the Town Vending Committee keeping in view the local conditions and categories of street vendors.
(8)Every street vendor shall pay to the municipality such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the Municipality.
(9)Where the number of street vendors in a vending zone is found more than the holding capacity of that zone, the Town Vending Committee shall carryout a draw of lottery for issuing the certificate of vending for that vending zone. Remaining street vendors shall be accommodated in any adjoining vending zone where the proper place for street vending is available.