"When you are inspired by some great purpose, some extraordinary project, all your thoughts break their bounds. Your mind transcends limitations, your consciousness expands in every direction, and you find yourself in a new, great and wonderful world. Dormant forces, faculties and talents come alive, and you discover yourself to be a greater person by far than you ever dreamt yourself to be."
Maharishi Patanjali Yoga Sutra before 2200 years.
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012
The articles posted in this blog is complete replica of prsindia.org. The orginisation provides valuable insights on the legislative issues.So, i recommend you all follow this site for more valuable inputs.
The Bill aims to protect
the livelihood rights of street vendors as well as regulate street
vending through demarcation of vending zones, conditions for and
restrictions on street vending.
Any person intending to
undertake street vending needs to register with the Town Vending
Committee (TVC). He may then apply for a vending certificate
that will be issued based on various criteria.
The state government shall
frame a scheme for street vendors. The local authority shall, in
consultation with the planning authority, frame a street vending plan
once every five years.
The TVC comprises of the
municipal commissioner, representatives of street vendors, local
authority, planning authority, local police, resident welfare
association and other traders associations.
This Bill shall not apply
to Railways land, premises and trains.
Key Issues and
Currently, street vending
is regulated under municipal laws enacted by state legislatures.
Parliament’s competence to legislate on this issue depends on whether
the Bill is interpreted as substantively addressing rights and
obligations of street vendors (Concurrent List) or relating to municipal
zoning (State List).
The Bill does not specify
principles to be followed by governments in issuing vending
certificates, allocating vending zones and the number of vendors per
zone. Absence of such norms could defeat the purpose of enacting
a law to ensure uniformity in the legal framework.
The Bill does not require
the stakeholders to be consulted in the formulation of the street
vending plan. This could lead to a lack of safeguards in
ensuring that plan is determined in a fair manner.
The central law will have
overriding effect on state laws that are inconsistent with the
Bill. Current state laws differ with the Bill in terms of powers
of the TVC, and mechanism for dispute resolution.
The Standing Committee
suggests making the Bill applicable to the Railways, incorporating
specific provisions of the scheme in the Bill, and consultation with
the TVC on the vending plan.