Section 10 in Urban Street Vendors and Hawkers (Registration and Regulation) Bye-laws, 2010
10. Procedure Prescribed for Grant of Vending Rights.
(1)From the date these bye-laws come into force, the procedure to be followed for vending in Corporation area shall be as provided in this clause.(2)The Commissioner shall cause identification and documentation of public spaces in the Corporation area that could possibly by used by vendors, and categorize the vending spaces according to sub-clause (3) below.Explanation 1. - While identifying a public space as suitable for use as vending space, the Commissioner shall consider the factors of general public interest viz., smooth movement of traffic, safety of buyers, maintenance of hygiene, availability of utilities, and public convenience.Explanation 2. - Spaces in front of shops including verandahs in market may also be identified for restricted use during hours/days when the shops are closed.(3)The spaces identified under sub-clause (2) shall be categorized into three categories as follows :(a)No-vending spaces ;(b)Restricted vending spaces, and(c)Regular vending spaces.(4)No vending shall be allowed in the No-vending spaces.(5)In the restricted vending spaces, the restriction shall relate to one or more of the following :(a)Hours of vending(b)Weekdays of vending (or no-vending)(c)Goods and services for vending.(6)In the regular vending spaces, the authorized vendors may be allowed to vend throughout the working day.(7)Vehicles of all description including two wheelers and bicycles, pet dogs and other forms of space-jammers and public nuisance shall be banned in the vending spaces.(8)The Commissioner shall cause collection of information, ward-wise duly confirmed by the Ward Vending Committee regarding persons already involved in vending activity in the wards. These persons shall be granted vending rights over spaces identified according to sub-clause (2) and categorized under sub-clause (3), subject to their providing an undertaking as required in clause 11 of these bye-laws.(9)On the basis of the information gathered, and the guiding principles spelt out in sub-clause (14) below, the Commissioner shall first strive for in situ organization of the vendors already in business when these bye-laws come into force.(10)For such vendors who may be displaced because of organization of the business in terms of sub-clause (9) above, the Commissioner shall give preference to settle them in alternate vending spaces.(11)After all the vendors who were in business before these bye-laws come into force are settled, if surplus vending spaces remain then the Commissioner shall invite applications for grant of vending rights over these surplus spaces. For tins, he shall cause public announcement in all appropriate places in the Corporation area and issue advertisement in a local newspaper and cause mobilization and collection of applications on the prescribed form for grant of vending rights from suitable candidates.(12)On the basis of applications thus collected, the Commissioner shall cause preparation of a list of provisional allotment of vending rights.(13)Applicants provisionally selected as per sub-clause (12) above shall be required to furnish an Undertaking as required in Clause 11 of these bye-laws.(14)While assigning vending rights in the Regular and Restricted Vending spaces, the Commissioner may formulate norms based on the following factors and guiding principles :(a)Competition and economic viability.(b)The benefit should extend to as many vendors as may be accommodated.(c)The long-time vendors who have been vending at the spot or elsewhere to be settled first in terms of sub-clause (8) above.(d)No vendor shall be granted more than one vending right.(e)An agency or cartel or chain-leader or middleman by whatever name operating shall not be allowed any role in the process for grant of vending rights.(f)Due share to be given to women, and other special categories as may be determined by the Town Vending Committee.(g)The need and requirements of local citizens shall be duly considered.(h)The recommendation of the ward and area sabhas to be given due weightage.(15)If the demand for vending rights exceeds the space available, the Commissioner may, with good application of mind regarding economic viability, consider granting vending rights by turn for different hours of the day or days of the week to accommodate maximum applicants :Provided, however that in no case shall the Commissioner resort to public auction of vending rights with a view to optimize revenue.(16)The vending right shall be granted in the form of an identity-cum-registration card, to be called the Vending Rights Card, with the vendor's photo affixed thereon, and his name and basis personal information. The vendor shall be required to carry the Vending Rights Card with time at all times, to be produced before authorities if and when demanded for inspection.Explanation. - Failure to produce the Vending Rights Card when demanded, whether due to loss of the card or otherwise, shall constitute an offence that shall attract fine as may be fixed by the Town Vending Committee.(17)The vending right granted under sub-clause (16) above shall be non-transferable.(18)The vending rights shall be granted for one year, and, normally shall be renewed thereafter in a vendor-friendly manner, subject to the vendor paying his dues in time and in full and subject to his accepting to pay the royalty and rent at revised rates whenever applicable :Provided, however, that if the area and/or the ward sabha submits a complaint in writing to the Commissioner which on expeditious verification is found correct, the Vending Right Card granted to any vendor shall be liable for cancellation without compensation.
