[Attachment(s) from Syed Tanveeruddin included below]
----- Forwarded Message -----
Subject: interim draft rules pertaining to chapter numbers 3, 4 and 8 of sva, 2014
Regional and National (Non-Local) Press Release dated Tuesday, August 05, 2014
Siddharthanagar, Mysore-570011, Karnataka
Tuesday, August 05, 2014 at 6:21:34 AM
From: Syed Tanveeruddin
Green/Environmental, RTI, Human Rights and Social Activist
NHRC Complainant of Case File No: 287/10/15/2011 on behalf of SVs of Mysore
KSHRC Complainant of Case File No: 5653/TC-69/11 (B3) on behalf of SVs of Mysore
Mentor of and/or Advisor/Adviser to MDSVA since June 2011
To
Whomsoever it may Concern
Sir / Ma'am,
Subject: Creation of Interim Draft rules pertaining to Chapter Numbers 3, 4 and 8 of SVA, 2014 that have been assigned to Mr. Bhaskar Urs, General Secretary, MDSVA during/in the preliminary meeting conducted by the DMA on 22-July-2014 / 22-07-2014 in Bangalore under the Presidentship/Chairpersonship of DMA, GoK.
Reference: 01) Proceedings/Notings of the meeting dated 24-June-2014 / 24-06-2014.
02) Kannada GO No. Na.Aa.E. 81/MLR 2014 (English GO UDD 81/MLR 2014) dated 14-July-2014 / 14-07-2014.
03) Pau/Ni/UPAMU/Raa/Bee/Kaayide/CR.63/2014-15 dated 17-July-2014 / 17-07-2014.
04) Preliminary Meeting conducted under the Presidentship/Chairpersonship of DMA on 22-July-2014 / 22-07-2014 in the Hall/Auditorium of DMA, 9th Floor, Vishveshwaraiah or VV Towers, Bangalore-560 001, Karnataka.
In response to telephonic request (on/in the evening of Sunday, August 03, 2014) from Mr. Bhaskar Urs, GS, MDSVA w.r.t. the above mentioned subject and reference numbers I have painstakingly drafted the following interim draft rules in good faith for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 both in letter and in spirit in my home State of Karnataka.
Also in response to telephonic requests from Mr. Bhaskar Urs, GS, MDSVA I will be accompanying him to the public meeting that is being conducted by the DMA in Bangalore on the afternoon of Tuesday, August 05, 2014 / 05-August-2014 / 05-08-2014. He will be submitting these Interim Draft Rules to the DMA in Bangalore during the meeting.
I had to painstakingly start creating these interim draft rules from the evening of Sunday, August 03, 2014 at the last minute from a scratch in a hurry as they had to be submitted urgently to the DMA on Tuesday, August 05, 2014. So I was not able to concentrate much on Chapter 03 except for Section 17. These painstakingly created draft rules may / can / could / might be reproduced either in full or in part by any person / individual / association / organization who/which intends / plans / likes to create an awareness among/amongst the street vendors by distributing / circulating handbills / pamphlets / leaflets / brochures either in English or any other language only after proper citation / reference / attribution / acknowledgment by clearly mentioning / citing / attributing / referring / acknowledging the name of the creator/author (Syed Tanveeruddin) of these interim draft rules and not otherwise.
Abbreviations/Acronyms:
01) SVA, 2014: Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
02) NHRC: National Human Rights Commission http://nhrc.nic.in/
03) KSHRC: Karnataka State Human Rights Commission http://www.kshrc.kar.nic.in/
04) GoI: Government of India
05) GoK: Government of Karnataka
06) GS: General Secretary/Secy, Mysore District Street Vendors' Association (MDSVA)
07) GO: Government Order
08) DMA: Director/Directorate of Municipal Administration, GoK depending upon the context of its usage
09) LA: Local Authority
10) MDSVA: Mysore District Street Vendors' Association (Affiliated to NASVI)
11) NASVI: National Association of Street Vendors of India http://www.nasvinet.org/
12) TVC: Town Vending Committee
13) KTCP Act, 1961: Karnataka Town and Country Planning Act, 1961
14) SV/SVs: Street Vendor / Street Vendors
15) CoV: Certificate of Vending
16) PP: Public Purpose
17) PPA: Public Purpose Area
18) FS: First Schedule / 1st Schedule of the SVA, 2014
19) SS: Second Schedule / 2nd Schedule of the SVA, 2014
20) RP: Registered Post
21) IPC, 1860: Indian Penal Code, 1860 http://districtcourtallahabad.up.nic.in/articles/IPC.pdf
22) KPA, 1963: Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf
23) KTCA, 1960: Karnataka Traffic Control Act, 1960 http://dpal.kar.nic.in/pdf_files/18%20of%201960%20(E).pdf
24) KMCA, 1976: Karnataka Municipal Corporations Act, 1976 http://dpal.kar.nic.in/pdf_files/14%20of%201977%20(E).pdf
25) KMA, 1964: Karnataka Municipalities Act, 1964 http://dpal.kar.nic.in/pdf_files/22%20of%201964%20(E).pdf
26) NPSV, 2004: National Policy on Street Vendors, 2004
27) SVAs: Street Vendors' Associations
28) NPSV, 2009: National Policy on Street Vendors, 2009 http://mhupa.gov.in/policies/StreetPolicy09.pdf
29) UDD: Urban Development Department, GoK http://www.uddkar.gov.in/
Section 4 (Relocation and Rehabilitation) of NPSV, 2004
The Section 4 of the NPSV, 2004 rightly states that SVs are most vulnerable to forced eviction and denial of basic right to livelihood. It causes severe long-term hardship, impoverishment and other damage including loss of dignity. Therefore, no SV should be forcefully evicted. They should be relocated with adequate rehabilitation only where the land is needed for a genuine public purpose of urgent need.
Clause (zb) of the SS as per Section 38 (1) of SVA, 2014 w.r.t. principles of relocation are subject to the following:-
(i) relocation should be avoided as far as possible, unless and until there is clear, genuine and urgent need for the land in question in full/total compliance with Karnataka Town and Country Planning Act, 1961;
(ii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project;
(iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels (TVC shall engage in the dialogues with the representatives of the markets. Mutually agreed spot / location / place for relocation should be considered under the implementation of the rehabilitation project.);
(iv) livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure (SVs should be provided space for vending activities in the areas where malls, metros and buildings are being constructed.);
(v) loss of assets shall be avoided and in case of any loss, it shall be compensated promptly/quickly;
(vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;
(vii) state machinery shall take comprehensive measures to check and control the practice of forced evictions;
(viii) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated. (The municipal/civic body shall prepare a list of such markets and declare them as "Heritage Markets".);
Citation/Reference: Matter/Rules that I have included above with my slight improvisation in good faith inside the brackets of Sub-clauses (iii), (iv) and (viii) has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after its Executive Committee Meeting that was held on July 18 and 19, 2014.
| Comparison of similarities of Section 4 of NPSV, 2004 with the Clause (zb) of the SS of the SVA, 2014 | |||
| Sl No | Section 4 of NPSV, 2004 | Clause (zb) of the SS as per Section 38 (1) of the SVA, 2014 | Whether Clauses and Sub-Clauses complement / supplement each other |
| 1 | Clause (a): Eviction should be avoided wherever feasible unless there is clear and urgent public need in/for the land in question. | Sub-Clause (i): relocation should be avoided as far as possible, unless and until there is clear, genuine and urgent need for the land in question in full/total compliance with | Yes |
| 2 | Clause (b): Where relocation is absolutely necessary, notice of minimum 30 days should be served to the concerned vendors. | | |
| 3 | Clause (c): Affected vendor's / representative's involvement in planning and implementation of the rehabilitation project. | Sub-Clause (ii): affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project; | Yes |
| 4 | Clause (d): Affected vendors should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms to pre- evicted levels. | Sub-Clause (iii): affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels (TVC shall engage in the dialogues with the representatives of the markets. Mutually agreed spot / location / place for relocation should be considered under the implementation of the rehabilitation project.); | Yes |
| 5 | | Sub-Clause (iv): livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure (SVs should be provided space for vending activities in the areas where malls, metros and buildings are being constructed.); | |
| 6 | Clause (e): Loss of assets should also be necessarily compensated. | Sub-Clause (v): loss of assets shall be avoided and in case of any loss, it shall be compensated promptly/quickly; | Yes |
| 7 | | Sub-Clause (vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act; | |
| 8 | Clause (f): State machinery must take comprehensive measures to check and control the practice of forced evictions. | Clause (vii): state machinery shall take comprehensive measures to check and control the practice of forced evictions; | Yes |
Full/Total Conformity/Compliance with the last para of Section 4 of NPSV, 2004
No hawker/SV should be arbitrarily evicted in the name of 'beautification' / conservation of heritage / cleaning up of the cityspace. The beautification and clean up programmes undertaken by the states or towns should actively, fully/comprehensively, democratically and constructively involve SVs in a positive/constructive way as a part of the beautification and/or clean up programme. Such positive/constructive and democratic involvement/participation of SVs in beautification and/or cleaning up programmes will/would also be in full/total compliance/conformity with the last paragraph of the Section 4 (Relocation and Rehabilitation) of the National Policy on Street Vendors, 2004.
Clause (n) of the SS w.r.t. Public purpose for which a SV may be relocated and the manner of relocating SV
The word commuters and roads in Clause (b) of the FS should be replaced/substituted with the word pedestrians and phrase footpaths and roads respectively. Any agenda/plan for genuine and transparent PP should always be in full/total conformity with the Clauses (a), (b) [amended/modified], (c), (d) and [e] of Section 1 of FS, Clauses (a), (b), (d) and (e) of Section 2 of FS, Section 3 of the FS, Karnataka Town and Country Planning Act, 1961 and Pedestrian Centric Footpath/Pedestrian Norms/Guidelines. Public Purpose should always be finalized with the TVC's consent/recommendation.
The following points should be considered during the finalization of the PP:
(1) SVs should be accommodated/adjusted in the same PPA for vending activities.
(2) During the time of construction/development the SVs maybe accommodated/adjusted in a nearby place temporarily.
(3) After the completion of the PP the same SVs may be given space for vending activities in the same PPA as per (2).
Citation/Reference: Matter/Rules that I have included with slight improvisation in good faith in the Sub-clauses (1), (2) and (3) of Clause (n) of the SS has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after NASVI's Executive Committee Meeting that was held on July 18 and 19, 2014.
Clause (g) of the SS w.r.t. Vending Fees
The vending fees as per Section 17 should be according to the category of the SVs (stationary / mobile) and the status / type / category of the market (natural / weekly / heritage / festival / evening / night bazaar / santhe). It may be different for different cities/towns.
Clause (h) of the SS w.r.t. manner of money collection by TVC
Every TVC should/will compulsorily/mandatorily have a bank account with nationalised (public sector) bank/banks. The SV should/will deposit the money himself/herself into that account along with the full / complete name and registration number of the SV. A half-yearly / yearly public audit of the TVC's account will/would be made public on the website of the civic/municipal body bilingually (in English and State Language).
Clause (o) of the SS w.r.t. the manner of evicting a SV
The TVC should bring in/on its agenda and discuss the issue of eviction of SVs at least 6 months prior to the issuance/issuing of 30 days' notice of relocation/eviction, so that a comprehensive and scientific survey can/could be properly conducted to identify an equally ideal vending site for the SVs in the nearest possible spot / location. The 30 days' notice which will/would be in compliance/conformity with Section 18 (3) [Sub-section (3) of Section 18] should be served via registered post prior to eviction in the full name and full address of the SV with the PIN Code.
Clause (p) of the SS w.r.t the manner of giving notice for eviction of a SV
As per Section 18 (3) [Sub-section (3) of Section 18] a SV should be relocated/evicted by the LA from the place specified in the CoV after the expiry of 30 days from the date of receiving the notice by the SV for the relocation/eviction. Therefore the notice of relocation/eviction should be issued/sent via/by registered post in the full name, full address and PIN Code of the SV who is being/getting relocated/evicted.
Clause (q) of the SS w.r.t. the manner of evicting a street vendor physically on failure to evict
As per section 18(4) [Sub-section (4) of Section 18] a SV shall be relocated or evicted by the local authority physically only after he/she had failed to vacate the place specified in the CoV even after the expiry of the 30 days from the date on which the SV had received the notice by RP. As per Section 18(5) [Sub-section (5) of Section 18] every SV who fails to relocate or vacate the place specified in the CoV after the expiry of the 30 days from the date of receipt/receiving the notice by RP shall be liable to pay for every day of such default a penalty which may extend up to Rs.250/- as may be determined by the TVC but shall not be more than the estimated actual value of goods seized.
Clause (r) of the SS w.r.t. the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized;
If the SV fails to vacate the place specified in the CoV after the expiry of 30 days from the date of having received the notice for his/her relocation/eviction given under Section 18(3) [Sub-section (3) of Section 18] the LA in addition to relocating/evicting the SV under Section 18 may if it deems absolutely necessary seize the goods of such SV. Only the authorized designated person from the local authority should carry out seizure of SV's goods as per Section 19(1) [Sub-section (1) of Section 19]. He/She (authorized person) should promptly prepare a list of goods seized from the SV. He/She should also duly sign and promptly issue a certified copy of the list of seized goods (list of goods seized) to the SV.
Clause (s) of the SS w.r.t. the manner of reclaiming seized goods by the street vendors and the fees for the same;
As per Section 19(2) [Sub-section (2) of Section 19] the SV whose goods have been seized under Section 19(1) [Sub-section (1) of Section 19] may, reclaim his goods and after paying fees. In case of non-perishable goods the LA shall release the goods within two/02 working days of the claim being made by the SV and in case of perishable goods the LA shall release the goods on the same day of the claim being made by the SV. The fees to be paid by the SV for reclaiming the goods should not exceed the fractional/percentage amount of the total goods of the vendor. In case of vending without having/possessing CoV then the charge/fee should not exceed 200/- for reclaiming seized goods depending upon the type/category of the vending activity and type/category of the market.
Section 27 of the SVA, 2014 w.r.t Prevention of harassment by police and other authorities
Notwithstanding anything contained in any other law for the time being in force, no SV who carries on the street vending activities in accordance with the terms and conditions of his/her CoV shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force which fully/comprehensively includes without limitation the Indian Penal Code, 1860 (IPC, 1860), Karnataka Police Act, 1963, (KPA, 1963), Karnataka Traffic Control Act, 1960 (KTCA, 1960), Karnataka Municipal Corporations Act, 1976 (KMCA, 1976), Karnataka Municipalities Act, 1964 (KMA, 1964) and any other law / rule / act.
The SVA, Act 2014 is supreme or prevalent over other existing laws / acts in the context of street vending.
The Section 6 (Municipal and Police Laws-Required Interventions) of the NSVP, 2004 rightly states/recommends that the Municipal and Police Laws of the respective states including Karnataka require immediate amendments. This recommendation of the NSVP, 2004 should be implemented in full.
The Section 6.1 of the NSVP, 2004 clearly states that there are certain sections of the State Police Acts and Indian Penal Code (Section 283 IPC and Section 431 IPC) which are the main deterrents to the profession of street vending. These two provisions unfortunately create the contradiction between a legal 'registered' vendor and 'illegal' obstruction or causing nuisance resulting in an unfortunate physical eviction of even registered vendors. In Karnataka some ambiguous Clauses like (c), (d), (g), (h) and Sub-clauses (i) and (ii) of Clause (f) of Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".
The Section 6.2 of the NSVP, 2004 rightly recommends that all States should amend the Police Act Rules/Regulations thereunder and add/include a rider as follows: "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".
The Section 6.3 of the NSVP, 2004 rightly recommends that the Central Government should also amend the Section 283 and Section 431 of IPC and include/add the rider as mentioned above.
The Section 6.4 of the NSVP, 2004 rightly recommends that the state governments should also remove the restrictive provisions in the Municipal Acts to make street vendors inclusive in the city plan/ cityscape.
Therefore the Government of Karnataka (GoK) should also implement all the recommendations made in the Sections 6, 6.2 and 6.4 of the NSVP, 2004 for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 both in letter and in spirit.
The Sections 288B (Prohibition of deposit etc., of things in public street) and 288D (Commissioner may without notice remove encroachment) of the KMC Act, 1976 should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations". A separate alphanumeric Section 288 (Registration and Certificate of Vending for sale in public place) needs to be included in the KMC Act, 1976.
Suggested Alphanumeric Section 288 of the KMC Act, 1976
Registration and Certificate of Vending for sale in public places.- Except under and in conformity with the terms and provisions of a Certificate of Vending granted by the Municipal/Corporation Commissioner in this behalf in consultation with the Town Vending Committee (TVC), no person shall hawk or expose for sale in any public place or in any public street any article whatsoever whether it be for human consumption or not.
The seemingly relevant clauses and sub-clauses of the Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 which are the main deterrents to the profession of street vending have been reproduced below in the last page for reference.
The above mentioned Interim Draft Rules that I have created pertaining to Chapter Numbers 3, 4 and 8 of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have been sent to all the related / concerned government agencies / bodies / authorities at the Mysore City, Karnataka State and National Level. They have also been sent to NASVI (National Association of Street Vendors of India) for information.
Yours faithfully,
Syed Tanveeruddin, Green/Environmental, RTI, Human Rights and Social Activist, Mysore
(Mentor of and/or Advisor/Adviser to MDSVA since June 2011)
Section 92. Punishment of certain street offences and nuisance.-(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,-
(c) leaves in any street insufficiently tended or secured any animal or vehicle;
(d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority;
(f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time;
(ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate;
(g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;
(h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code.
1[(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,—
(i) to such local area as may be specified in such notification; or
(ii) to such local area for such period as may be specified in such notification.
(b) The State Government may at any time rescind any notification issued under sub-clause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area.]1
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