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State of Chattisgarh - Section

Section 2 in Urban Street Vendors and Hawkers (Registration and Regulation) Bye-laws, 2010

2. Definitions.

- In these bye-laws unless the context otherwise requires, -
(1)"Act" means the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956);
(2)"Commissioner" means the officer appointed as such in the Municipal Corporation;
(3)"Corporation area" means the area within the administrative jurisdiction of the Municipal Corporation;
(4)"Encouragement of Illegal Vending" means explicit or tacit promotion of vending in streets or elsewhere in contravention of the provisions of these Bye-laws or, interfering in or obstructing the discharge of duties or exercise of powers by the Commissioner and/or the Superintendent in accordance with the provisions of these Bye-laws;
(5)"Earning Potential" refers to a notional potential for earning through vending in any given vending space, estimated by the Town Vending Committee or any agency commissioned by it for this purpose, on the basis of the prime nature of the locality, the general economic status of clientele residing there, and any other local factor that makes vending there a profitable proposition;
(6)"Hawker" means a person who sells goods or services through hawking ;
(7)"Hawking" means the act of sale of goods or services by a person whether bearing the goods as head-load or in a vehicle or pushcart, such person being on the move and not stationed at any customary spot in or outside any market place;
(8)"Illegal Vending" means vending in streets or elsewhere in contravention of the provisions of these Bye-laws;
(9)"Natural Markets" means a market, including the haat bazaar, where sellers and buyers have traditional congregated for more than a specified period for the sale and purchase of a given set of products or services as assessed by the Town Vending Committee;
(10)"Street Vendor" means a person registered as such under these Bye-laws, and entitled to vend in a specified manner in a specified zone, in the Corporation area. "Illegal Vendor" means any person or agency who indulges in vending in contravention of the provisions contained in these Bye-laws;
(11)"Superintendent" means the officer appointed as such in terms of bye-laws 7 of these bye-laws;
(12)"Town Vending Committee" means a committee formed under the Chairmanship of the Commissioner constituted in terms of bye-laws 5 of these bye-laws;
(13)"Vending" means sale of goods and services from either a kiosk or wheeled-vehicle or push-cart or basket (s) or any container, rested upon a public place; customarily parked or stationed at a place, functional all through the working day or for part of the day;
Explanation-1. Sale of vegetables, fruits, fish and any otherstuff by women bearing baskets upon their heads and hawkingthrough the streets or by men bearing it upon heads or onbicycles that are generally in motion and not parked at a pointwill be exempt from the provisions of these bye-laws;
Explanation-2. Sale of vegetables, fruits, fish and any otherstuff by women or men displaying their ware upon a mat or rug orany other material or basket or container upon the road orfootpath or any other public place shall be construed as vending;
Explanation-3. Vending is different from shop-keeping in thisregard that unlike in the case of a shop, after business hoursthe vendor will remove his ware and vehicle, if any, from thepost of business, and vacate it.
(14)"Vending Space" means a public space that has been identified by the Town Vending Committee as suitable for use by a specified number of vendors, either for the entire working day, or for part of the day between specified hours, either on all days of the week or on specified days of the week;
(15)"Ward Vending Committee" means a committee under the Chairmanship of the Ward Member formed in terms of bye-laws 6 for protecting the livelihoods of Street vendors in the ward while at the same time imposing reasonable restrictions, if necessary, for ensuring flow of traffic and for addressing concerns relating to public health and hygiene in the public interest.