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State of Uttar Pradesh - Section

Section 19 in U.P. Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017

19. Relocation of street vendor.

(1)Street vendor who possesses a certificate of vending may be relocated by the municipality if. -
(a)ward or part thereof or the place is declared to be a no vending zone for any public purpose;
(b)construction and development for maintenance of civic amenities or other infrastructure is undertaken;
(c)there is hindrance, obstruction or disturbance in traffic and transportation;
(d)maintenance of law and order situation arises;
(e)the number of street vendors are more than holding capacity in the vending zone;
(f)there is pressure of traffic and transportation and congestion over it;
(g)there is any other reason which is proper in view of the Town Vending Committee.
(2)The relocation should be made keeping in view the availability of space, transportation, movement of traffic and density of population. The Municipality on the recommendation of the Town Vending Committee shall determine the holding capacity of the area in light of the said criteria and local needs.
(3)The proceeding of relocation of street vendors shall be done in view of the following conditions -
(a)The place for which the certificate of vending has been issued, is urgently required for most essential public purposes;
(b)relocation of street vendor shall be done in such a way that he/she may at least, maintain his/her livelihood.
(c)as far as possible, assets of street vendor shall not be destroyed;
(d)the street vendor shall not be relocated otherwise than due process of law;
(e)the natural markets where vending activities are carried out for more than fifty years, may be declared as heritage markets and street vendors carrying vending activities therein may not be relocated;
(f)notice of thirty days for the relocation of a street vendor shall be given in Form-5.
(g)A street vendor who fails to vacate the place within the time mentioned in the notice shall be relocated from the place by force as may be dentermined by the Municipal Commissioner or the Executive Officer or any officer authorized in this behalf.