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The Street Vendor Act 2014

NAME : PRIYA K. PANDEY


REG.NO. : 11716909
SEC : L1701
INTRODUCTION
 Street vendors form a very importa
nt segment of the
unauthorized sector in
the country. It is estimated that in
several cities street vendors count
for about 2 per cent of the
population. Women constitute a
large segment of these street
vendors in almost every city. Street
vending is not only a source of self
employment to the poor in
 cities and towns but also a
means to provide ‘affordable’
as well as ‘convenient’ services
to majority of the urban
population.
MEANING AND DEFINITION
 A street vendor’ is broadly defined as a
person engaged in the vending of articles,
goods, wares, food items or merchandise
of everyday use or
offering services to the general public in
a street-lane, side-walk , footpath,
pavement, public park or any other public
place or private area without having a
permanent built- up structure.
 According to Oxford English Dictionary
A ‘street vendor’ is a person who sells
something in the street, either from a stall or
van or with their goods laid out in
the sidewalk.
SECTION2(L) OF STREET VENDOR ACT 2014

 Section2(l)
Section2(l) states
states that
that “street
“street vendor”
vendor”
means
means aa person
person engaged
engaged in in vending
vending of of article
article
s,
s, goods,
goods, wares,
wares, food
food items
items or or merchandise
merchandise
of
of everyday
everyday use
use or
or offering
offering services
services to
to the
the
general
general public,
public, in
in aa street,
street, lane,
lane, side
side walk,
walk,
footpath,
footpath, pavement,
pavement, public
public park
park or
or
any
any other
other public
public place
place or
or private
private area,
area, from
from aa
temporary
temporary built
built up
up
structure
structure or
or by
by moving
moving from from place
place to
to place
place aa
nd
nd includes
includes hawker,
hawker, peddler,
peddler, squatter
squatter and
and all
all
other
other synonymous
synonymous termsterms which
which may
may be be local
local
or
or region
region specific;
specific; and
and the
the words
words “street
“street
vending”
vending” with
with their
their grammatical
grammatical variations
variations
and
and cognate
cognate expressions,
expressions, shallshall be
be construed
construed
accordingly
accordingly
ECONOMIC AND SOCIAL IMPORTANCE OF
STREET VENDORS
 First , hawking provides a major source
of employment to a significant portion of
the Indian population.

 Second ,as economic development and


the forces of globalization continue to
advance in India, street vending provides
a vital counterweight to fluctuations in
the formal economy by providing
alternate employment for those who are
laid off in the formal sector.

 Third , by providing affordable products


to local populations, street vendors fill
crucial needs in consumer demand that
the formal sector cannot adequately
serve
CONSTITUTIONAL PROTECTION OF
STREET VENDORS


 Part III-Fundamental Rights

 Article 14 Equality before law.

 Article 19 (1) (g) Protection of certain rights regarding
freedom to practice any profession, or to carry on any
occupation, trade or business.

 Article 21 Protection of life and personal liberty.

 Article 32 Remedies for enforcement of
rights conferred by this Part.

 Article 226 Power of High Courts to issue certain writs
THE STREET VENDORS (PROTECTION
OF LIVELIHOOD AND REGULATION OF STREET
VENDING)ACT,2014
PROCESS OF ENACTING LAW ON STREET VENDING

 On 29th and 30th May 2001, Ministry of Housing and Urban


Poverty Alleviation invited trade unions, vendors associations and
other stakeholders to draft the National Policy on Urban Street
Vending
 In 2002, a standing committee was formed with representation
from all level of Stakeholders to draft and finalize the National
Policy on Street Vendors
 In 2004, the Ministry of Housing and Urban Poverty Alleviation
officially passed the National Policy on Urban Street Vending,
2004.
 In 2009, revised National Policy on Urban Street Vendors 2009
passed and The Street Vendors (Protection of Livelihood and
Regulation of Street vending) Bill 2009 was drafted through Arjun
Sengupta Committee on minimum wages.
PROCESS OF ENACTING LAW ON STREET VENDING

 On 4th August 2009, Honourable Prime Minister of


India officially advised every State Government to
implement the National Policy on Urban Street
Vendors in respective States.
 On 2012, after several failed attempts by the
Ministry of Housing and Urban Poverty Alleviation to
implement the Policy in State level, the Government
decided to pass The Street Vendors (Protection of
Livelihood and Regulation of Street vending) Bill 2009
 On March 2014, The Street Vendors (Protection of
Livelihood and Regulation of Street vending) Act 2014
passed.
PREAMBLE OF THE ACT

 An Act is to protect the rights


of urban street vendors and to
regulate street vending
activities and for matters
connected there with or
incidental thereto.
CONTENTS OF THE ACT

  The Act consists of total


 39 Sections
 which divided into
 10 Chapters
 and
 2 Schedules.
CHAPTERS OF THE ACT
 Chapter I of the Act- Preliminary Provisions (Sections1 - 2)
 Chapter II of the Act -Regulation of Street Vending Provisions
(Sections3-11).
 Chapter III of the Act- Rights and Obligations of the Street
Vendors Provisions (Sections 12-17)
 Chapter IV of the Act- Relocation and Eviction of Street Vendors
Provisions(Sections 18-19).
 Chapter V of the Act- Dispute Redressal Mechanism Provisions
(Section20).
 Chapter VI of the Act- Plan for Street Vending Provisions (Section
21).
 Chapter VII of the Act- Town Vending Committee Provisions
(Sections22-26).
 Chapter VIII of the Act- Prevention of Harassment of Street
Vendors Provisions (Section 27).
 Chapter IX of the Act- Penal Provisions (Section 28).
 Chapter X of the Act- Miscellaneous Provisions(Sections 29-39)
SCHEDULES OF THE ACT

 SCHEDULE 1 of the Act deals


with the Plan for Street Vending
 SCHEDULE 2 of the Act deals
the matters to be provided in the
Scheme for Street Vendors
framed by the Appropriate
Government
AIM
 It aims at giving street vendors a legal status
 The bill aimed at providing social security and
livelihood rights to
street vendors, has its origin in
  ‘The Street Vendors Policy’ introduced in 2004 ,
which was later revised as ‘National Policy
on Urban Street Vendors 2009 
  The Ministry of Housing and Urban Poverty
Alleviation circulated a draft of bill titled,Model
Street Vendors (Protection of Livelihood and
Regulation of Street Vending ) Bill,2009 
FEATURES

Each street vendor will be registered under the
supervision of a TVC and will be given an identity
card with a code number and category.
 Policy recommends: The National Policy
introduces three Zonal Categories:
 1.Provision of services.
 2.Collection of registration fee monthly.
 3.Restriction-free Vending Zones Restricted
Vending Zones No-Vending Zones
FEATURES
 The National Policy declares that one of the pivotal functions
of the TVCs will be to come up with city-specific zoning laws
on the basis of consensus among stakeholders.
 These are central to many other key elements of the policy
such as the pivotal function of the TVCs, the process of
registration and record- making, and the modalities of
eviction.
 The National Policy has proposed three measures to manage
and organize street vendors: Promulgate zoning laws for
stationary street vendors.
 Promise some form of social security measures for the street
vendors, Providing access to credit Skill development Housing
Health care benefits Capacity building Pension provision
FEATURES
 TVC has to conduct survey for all vendors under
its jurisdiction every 5 years and a certificate has
to be issued to them.
 All street vendors will be accommodated in a
designated vending zone.
 All street vendors above eighteen years of age will
be granted a certificate of vending .
 Transfer of certificate is not allowed. No vendor
will be allowed to carry out vending activities in no-
vending zones.
 The certificate may be cancelled if the vendor
breaches the conditions of the certificate.
FEATURES
 In
In case
case ofof declaration
declaration ofof a
a specified
specified area
area as
as a
a no-
no- vending
vending zone,
zone, the
the
vendors
vendors will
will be
be relocated
relocated toto another
another area.
area.
 The
The local
local authority
authority may
may physically
physically remove
remove the
the vendor
vendor and
and make
make
seizure of goods of such vendors who have not relocated to the
vending
vending zones.
zones.
 There
There will
will be
be a
a Town
Town Vending
Vending Committee
Committee in in each
each zone
zone or
or ward
ward of
of the
the
local
local authority.
authority.
 There
There shall
shall be
be aa dispute
dispute resolution
resolution body
body consisting
consisting ofof a
a Chairperson
Chairperson
who
who has
has been
been aa civil
civil judge
judge or
or a
a judicial
judicial magistrate
magistrate and
and two
two other
other
professionals
professionals asas prescribed
prescribed byby the
the appropriate
appropriate government.
government.
 A
A vendor
vendor without
without a a certificate
certificate will
will be
be penalized
penalized and
and will
will have
have to
to give
give
a
a payment
payment that
that may
may extend
extend up
up to
to 2000.
2000.
JUDICIAL PROUNCEMENT
 Olga Tellisand Others vs. Bombay
Municipal Corporation ,
 AIR 1986 SC 180 when a group of pavement
and slum dwellers in Bombay (Mumbai) and
their supporters sought to oppose eviction.
The judge determined that the 'right to
life'  under Article 21 on Protection of Life
and Personal Liberty should be expanded to
include a 'right to shelter and livelihood'
LANDMARK JUDGEMENT 
 September9,2013 in the Maharashtra Ekta Hawkers Union
v.MunicipaL Corporation of Greater Mumbai (2004)1SCC625,
 The apex court stated,
 “street vendors are a harassed a lot and constantly victimised by
the officials of the local authorities, the police, etc., who regularly
targeted them for extra income and treat them with extreme
contempt”  Hawkers kept approaching the court to seek relief from
this harassment.
 “Usually courts don’t  ask the Government to enact a law. But the
judiciary was so overburdened with all these cases over hawking
rights that the Supreme Court finally asked the Government to
enact a law to regulate vending rights. Despite that, when no law was
forthcoming, it gave the 2009National Policy on Urban Vendors the
weight of law until such a time a law came into
force.” The Street Vendors Act, largely drawn from 2009 policy,
was finally passed in 2014.
RECENT CASE
 Rajneesh Misra v. Union of India and Ors.
 27th Feb. 2015 (HC) Jharkhand The court ordered to
constitute Town Vending Committee as contained in
Section 22 of the Street Vendors Act of 2014.Municipal
Commissioner or the Chief Executive Officer shall be
the Chairperson of 5 each Town Vending Committee.
By constituting, many decisions could betaken for
regulating street vending and even hawking zones
could be identified. Position in the town is that there is
hardly any road left on which street vendors are not
found, which, in turn, leads to a serious traffic
congestion throughout the day
CRITICAL ANALYSIS OF THE ACT
 There is no provision of consulting TVC while formulating
the street vending plan.
  However Street Vendors Act was enacted in 2014but
till now only preliminary effort has been done in actual
implementation of this act like framing rules or
conducting survey etc.
  The current Act leaves a lot with delegated legislation
and it defeats the purpose of a Central law.
  The railway accommodates a significant population of
street vendors in India but unfortunately railway is
excluded from purview of this Act
CONCLUSION
 The street vendors and hawkers
constitute the most visible and
active parts of the large
informal sector. Street Vending
is a way of hope for those
persons who migrate from villages
to town for earning and gaining
some profit for themselves. Stre
et Vendors provides commodities 
atrelatively low prices, sometime
s at door step, to the marginaliz
ed sections of the society.
CONCLUSION
  The socio-economic spheres
of the Street Vendors are not
as good as
they suffer harassment by Poli
ce and the policies related for
 the protection of the Street
Vendors are not implemented
properly and many of vendors
are unaware of the protection
given to them.
 The Street Vendors Act of
2014 has some flawed
provisions but still it Is a very
good start for creating a
harassment free environment
for street vendor.
CONCLUSION
 There is need to do a lot for
 purpose of harassment free
environment such as training
to TVC members, organized
elections of street vendors in
TVC, apply provisions of this
Act to railways, to conduct
awareness programme for the
street vendors, etc.
Thus, the Street Vendors rig
hts must be protected and mu
st be preserved according to
what they deserve to live a
peaceful life