The Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending Act, 2014) (Act No. 11 of 2014)

THE MEGHALAYA STREET VENDORS (PROTECTION OF LIVELIHOOD AND
REGULATION OF STREET VENDING) ACT, 2014.
An
Act
to provide for protection of livelihood of urban street vendors and to regulate street vending and
for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-fifth Year of the Republic
of India as follows:-
NOTIFICATION
The 8th December, 2014.
No.LL(B).52/2013/61. —The Meghalaya Street Vendors (Protection of
Livelihood and Regulation of Street Vending Act, 2014) (Act No. 11 of 2014) is
hereby published for general information.
MEGHALAYA  ACT NO. 11 OF 2014.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 8th December, 2014.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 8th December, 2014.
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
ORDERS BY THE GOVERNOR
———
1
Short title, extent and
commencement.
Definitions.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Meghalaya Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014.
(2) It extends to the urban areas of Meghalaya.
(3) It shall be deemed to have come into force on and from the 10th
November, 2014.
(4) The provisions of this Act shall not apply to the land, premises and trains
owned and controlled by the railways.
(5) The Operation of this Act in the Shillong (Administered Areas) Municipality
and other urban areas of Meghalaya shall be subject to the trading license
issued by the Autonomous District Councils of Meghalaya wherever
required.
2. (1) In this Act, unless the context otherwise requires:-
(a) “Act” means the Meghalaya Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Act, 2014.
(b) “Government” means State Government of Meghalaya;
(c) “holding capacity” means the maximum number of street vendors who
can be accommodated in any vending zone;
(d) “Town Vending Committee” means the body constituted by the
Government under Section 4;
(e) “local authority” means the Deputy Commissioner of the District;
(f) “notification” means a notification published in the Official Gazette;
(g) “planning authority” means a committee constituted District-wise by the
State Government;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “scheme” means schemes framed by  the Government  under section 3;
(j) “specified” means as specified by the scheme;
(k) “State Government” means the Government of the State of Meghalaya;
(l) “state nodal officer” means an officer designated by the State to co-
ordinate all matters relating to urban street vending in the State.
(m) “street vendor” means a person engaged in vending of articles, goods,
waters, food items or merchandise of everyday use or offering services
to general public, in a street, lane, side walk, footpath, pavement, public
park or any other public place or private area or from a temporary built
up structure or by moving from place to place and includes hawker,
peddler, squatter and all other synonymous terms which may be local or
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region specific; and the words “street vending” with their grammatical
variations and cognate expression, shall be construed accordingly;
(n) “vending zone” means an area or place or a location designated as
such by the planning authority for the specific use by street vendors for
street vending and includes footpath, sidewalk, pavement, embankment,
portions of a street, waiting area for public or any such place considered
suitable for vending activities and providing services to the general public.
(2) Any reference in this Act to any enactment or any provision thereof shall,
in relation to an area in which  such enactment or such provision   is   not
in   force,   be   construed   as   a  reference   to   the corresponding law.,
if any, in force in that area.
CHAPTER II
SCHEME FOR STREET VENDING
3. (1) For the purposes of this Act, the Government shall notify and frame
scheme which may specify all or any of the following;
(a) the form and manner of grant, renewal, suspension or cancellation of a
registration certificate for, and issue of identity card to, the street vendors;
(b) the manner of levy and collection of fees for the grant and renewal of a
registration certificate and fines for contravention of the terms and
conditions of registration and other provisions of this Act;
(c) the form and manner of filing appeals to, and procedure for disposal of
appeals by, the local authority in respect of registration of street vendors;
(d) the manner of, and the terms and conditions of, allotment of stalls to the
registered street vendors;
(e) the form and manner of grant, renewal, suspension or cancellation of a
license;
(f) the manner of levy and collection of fees for the grant and renewal of a
license and fines for contravention of the terms and conditions of the
license;
(g) the norms of spatial planning to be adopted by the planning authority for
earmarking vending zones for street vendors in the master plan,
development plan, zonal plan, layout plan or any other spatial plans;
(h) the principles for determination of vending zones as restriction-free-
vending zones, restricted-vending zones and no-vending zones;
(i) the conditions under which private places may be designated as
restriction-   free-vending zones, restricted-vending zones and no-vending
zones;
(j) the principles for determining holding capacity of vending zones and the
manner of undertaking comprehensive digitalized photo census and
survey of the existing number of street vendors with the assistance of
Power of the
Government to
frame notifications
and schemes
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experts for the purpose of accommodating street vendors within the
holding capacity of the vending zones;
(k) the terms and conditions for street vending including norms to be
observed for up keeping public health and hygiene;
(l) the designation of State  Nodal Officer for co-ordination of all matters
relating to street vending at the state level;
(m) the manner of  maintenance   of  proper   records   and   other documents
by the town vending committee, local authority, planning authority and
State Nodal Officer in respect of street vendors;
(n) the manner of giving notice to, and eviction of, street vendors;
impounding, destruction or seizure of stalls, goods and equipments and
relocation of and compensation payable to evicted street vendors;
(o) any other particulars which may be considered by the Government as
proper for including in the scheme;
(2) A summary of the scheme/schemes notified by the Government under
sub- section (1) shall be published by the local authority in at least two
local news papers in such manner as may be prescribed.
CHAPTER III
TOWN VENDING COMMITTEE
4. (1) The Government shall, in each local authority, constitute a town vending
committee.
(2) Each town vending committee shall consist of-
(a) the Additional Deputy Commissioner or the Chief Executive Officer,
Municipal Board as the case may be, who shall be the Chairperson; and
(b) such number of members as may be prescribed, to be nominated by the
Government, representing the Government Departments, the Local
Authority, the Planning Authority, Traffic Police, Local Police,  Association
of Street Vendors, Market Associations, Traders Associations, Local
Dorbars, Nationalized Banks and such other interest as it deems proper:
Provided that the number of members nominated to represent the Street
Vendors shall not be less than two out of which at least one third of such
members shall be from amongst women vendors:
(3) The Chairperson and the members nominated under clause (b) of sub-
section (2) shall receive such allowances as may be prescribed by the
Government.
(4) The town vending committee shall meet at such times and places within
the jurisdiction of the local authority and shall observe such rules of
procedure with regard to the transaction of business at its meetings,
and in discharge of its functions, as may be prescribed.
Constitution of
Town Vending
Committee
4
5. (1) The town vending committee may associate with itself, in such manner
and for such purposes ,as may be prescribed, any person whose
assistance or advice it may desire in carrying out any of the provisions
of this Act.
(2) A person so associated under sub-section (1) shall have a right to take
part in the discussions relevant to that purpose, but shall not have a
right to vote at a meeting of the committee and shall not be a member
for any other purpose.
(3) The person so associated under sub-section (1) shall be paid such
allowances as may be prescribed.
6. The town vending committee may constitute, in such manner and for such
purposes such number of sub-committees, as may be prescribed.
7. The Government may assign to the town vending committee, the following
functions, namely, -
(a) grant, renew, suspend or cancel registration certificates to street vendors,
in   such   form  and   manner,   and   on   such   terms   and conditions,
as may be specified;
(b) issue to the street vendors identity cards in such form and manner as
may be specified;
(c) collect such fee for registration or renewal of registration of street vendors
as may be specified;
(d) determine the manner of. collecting fees through banks, counters of
local authority or counters of town vending committee, fee for registration,
usage of parking space for mobile stalls and availing of civic services, in
consultation with local authority;
(e) identify and designate vending zones;
(f) specify timings for vending in vending zones;
(g) maintain  the records of land,   street,   footpath,  embankment, waiting
area, parks and other public places designated for vending in such
manner as may be specified;
(h) conduct periodic surveys of vending zones;
(i) collect and maintain data regarding street vendors;
(j) determine quantitative norms for different categories of stationary and
mobile stalls in the vending zones;
(k) assess and determine maximum holding capacity of each vending zone;
(l) identify and  declare  vending zones  as  restriction-free-vending zones,
restricted-vending zones and no-vending zones in the manner specified;
Town Veding
Committee to
constitute
sub-committees
Government may
assign conferment
to town vending
committee
Town Committee
may associate for
assistance or advice
5
(m) fix sign boards at each vending zone to indicate kind of vending zone,
its boundaries and vending timings;
(n) declare place and timings of vendors markets for weekly haats, night
bazaars, holiday bazaars and festival bazaars;
(o) ensure adequacy of civic amenities, including water, sanitation, waste
management, electricity, provided in the vending zones;
(p) monitor activities of street vendors;
(q) ensure that the quality of products and services provided to the public
and public health, hygiene and safety standards as specified by the
local authority are maintained;
(r) ensure that allotted stalls are utilised by the allottees in accordance with
the terms and conditions specified;
(s) specify the terms and conditions for issue, renew, suspension or
cancellation of registration in the manner specified;
(t) determine actions including imposition of fine for violating the terms and
conditions for registration;
(u) promote awareness regarding credit through institutional mechanisms;
(v) determine norms for regulating the activities of street vendors;
(w) determine terms and conditions for providing benefits of insurance
maternity benefits, old  age  pension   and  other  social security schemes
to the street vendors in case of death, illness or disability;
(x) lay down guidelines for organizing associations and self help groups’of
street vendors;
(y) conduct training programmes for street vendors with a view to enlighten
street vendors them with entrepreneurship, technical and business skills;
(z) redress   grievances   and   resolve   disputes   amongst  the   street
vendors.
8. The town vending committee shall prepare and publish its annual accounts
statement in such form and manner as may be prescribed.
CHAPTER IV
REGISTRATION OF STREET VENDORS
9. (1) Every person who has completed the age of 18 years and intends to
do  registration  street vending  shall  make  an  application  for registration
as street vendor to the town vending committee.
(2) Every application under sub-section (1) shall be made in such form and
manner and accompanied by such fee as may be specified.
10. (1) An application made under sub-section (1) shall be examined by the
town vending committee and the registration made within such period,
and in such manner, as may be specified:
Town Vending
Committee to
prepare and publish
annual account
committee
Application for
Registration of
street vendors
Town vending
committee to
examine application
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Provided that on completion of specified period, if no response is received
by the applicant about rejection or deficiencies in the application, the
applicant shall be deemed to have been registered.
(2) The town vending committee shall not summarily reject the application
without giving the applicant an opportunity to rectify deficiencies, if any
and hearing him.
(4) If the town vending committee or the officer authorized by town vending
committee,  as the case may be, is  satisfied that the application is in
compliance with the provisions of this Act and the rules or schemes
made there under, he shall register the name of the street vendor.
(5) Any person aggrieved by the decision of the town vending committee
under sub-section (3) may prefer an appeal to the local authority within
such period, and in such manner, as may be specified.
11. (1) The local authority may give preference to the registered street vendors
in allotment of stalls in the vending zones.
(2) The allotment of stalls to the street vendors shall be made in such manner,
and subject to such terms and conditions, as may be specified.
12. A registered street vendor to whom a stall has been allotted in a vending
zone shall be granted a license and renewed from time to time by the
local authority, in such manner, on payment of such fee, and subject to
such terms and conditions, as may be specified.
CHAPTER V
DUTIES OF LOCAL AUTHORITY
13. Notwithstanding anything contained in any other law for the time being
in force, the local authority shall be responsible for;-
(a) overall   supervision   and  monitoring  of the   Scheme for street vendors;
(b) monitoring effective functioning of the town vending committee;
(c) deciding appeals in respect of registration of street vendors in the manner
specified;
(d) earmark space for vending zones in due consultation with the planning
authority;
(e) allotting stalls to the street vendors in the manner specified;
(f) granting, renewal, suspension or cancellation of licence to the registered
street vendors in the manner specified;
(g) providing, in consultation with the town vending committee, in the vending
zones and to the street vendors, civic services, including:-
(i) solid waste disposal;
(ii) public toilets to maintain cleanliness;
Local authority to
give preference to
registered street
vendors
Local authority to
allot vending zone
on payment of fees
Responsibilities of
local authority
7
(iii) electricity;
(iv) drinking water;
(v) shelter to protect street vendors and their wares;
(vi) storage facilities, beautification, placement of signage; and
(vii) other facilities as may be needed by the street vendors and specified in
the scheme;
(h) determining, in consultation with the town vending committee, the manner
of collecting, through banks, counters of local authority and counters  of
town vending committee,  fee for registration,  use of parking space for
mobile stalls and availing of civic services;
(i) undertake,  in consultation with the  town vending committee,
comprehensive digitalized photo census and survey of the existing
number of street vendors with the assistance of such experts and in
such manner as may be specified, for the purpose of accommodating
street vendors within the holding capacity of the vending zones;
(j) notify the entire database of street vendors on its website and update
the same at regular intervals.
CHAPTER VI
DUTIES OP PLANNING AUTHORITY
14. Notwithstanding anything contained in any other law for the time being
in force, the planning authority shall be responsible for-
(a) determining spatial planning norms for street vending;
(b) monitor the functioning of the town vending committee with regard to
the planning norms;
(c) amend the city or town master plan, development plan, zonal plan, layout
plan and any other plan for accommodating street vendors in the
designated vending zones;
(d) demarcate vending zones specific to the requirements of the town or
city;
(e) make spatial plans conducive and adequate for the prevalent number of
street vendors in that city or town and also for the future growth, by
adopting such norms as may be specified.
(f) discharge any other duty or duties which may be assigned to it by the
Government from time to time.
CHAPTER VII
BREACHES OF CONDITIONS AND PENALTY
15. Where any street vendor who has been registered under this Act commits
breach of any of the conditions thereof or any other terms and conditions
specified for the purpose of regulating street vending under this Act or
Responsibilities of
Planning Authority
Cancellation or
suspension in case
of breach of
conditions
8
any rules or schemes made there under, or where the town vending
committee is satisfied that such registration has been secured by the
street vendor through misrepresentation or fraud, the town vending
committee may, without prejudice to any other fine which may have
incurred by the street vendor under this Act, cancel the registration or
suspend the same for such periods as it thinks fit:
Provided that no -such cancellation or suspension shall be made by the
town vending committee unless an opportunity of hearing has been given
to a street vendor.
16. Where any street vendor to whom a stall has been allotted or a licence
has been granted under this Act or any agent or servant of such vendor
commits a of breach of any of the conditions thereof, or any other terms
and conditions specified for the purpose of regulating street vending
under this Act or any rules or schemes made there under, or where the
local authority is satisfied that such allotment of stall or licence, as the
case may be, has been secured by the street vendor through
misrepresentation or fraud, the local authority may, without prejudice to
any other fine which may have been incurred by the street vendor under
this Act, cancel the allotment of stall or licence, as the case may be, or
suspend the same for such period as it thinks fit:
Provided that no such cancellation or suspension shall be made by the
local authority unless an opportunity or hearing has been given to the
street vendor.
17. If any street vendor-
(a) indulges in street vending without registration;
(b) vends beyond the designated vending zones or specified timings;
(c) vends goods or offers  services that are detrimental to public health;
(d) contravenes the terms and conditions of registration ;
(e) contravenes the terms and conditions of allotment of stall or licence; or
(f) contravenes  any other terms  and conditions  specified for the purpose
of regulating street vending under this Act or any rules or schemes made
there under, he shall be liable to a penalty which shall not be less than
rupees two hundred but which may extend to rupees one thousand, as
may be determined by the town vending committee, or as the case may
be, by the local authority.
CHAPTER VIII
MISCELLANEOUS
18. Every town vending committee shall furnish from time to time, to the
Government and the local authority such returns as may be prescribed.
Cancellation or
suspension of
registrarion in case
of obtaining it by
fraud
Penalties for
vending without
registration etc.
Town committee to
furnish returns to
appropriate
Government
9
19. The Government may, in consultation with the town vending committee,
local authority, planning authority and street vendors associations or
unions, undertake promotional measures of making available credit,
insurance and other welfare schemes of social security for the street
vendors.
20. The Government may, to the extent of availability of financial and other
resources-fa)  develop and organize capacity building programmes for
street vendors and on how to exercise the rights contemplated under
this Act;
(b) undertake research, education and training programmes to advance
knowledge and understanding of the role of the informal sector in the
economy in general and the street vendors in particular and to raise
awareness among the public through town vending committees.
21. Subject to the provisions of this Act or any rules or scheme made
thereunder, the local authority may, with the approval of  the
Government, make bye-laws to provide for all or any of the following
matter, namely: -
(a) the regulation and manner of vending in restriction-free-vending zones,
restricted-vending zones and designated vending zones;
(b) the regulation of the collection of taxes and fees in the vending zones;
(c) regulation of traffic in the vending zones;
(d) the regulation of the quality of products and services provided to the
public  in  vending zones  and  maintenance  of public  health, hygiene
and safety standards;
(e) the regulation of civic services in the vending zones; and
(f) the regulation of such other matters in the vending zones as may be
necessary.
22. (1) The Government may, after consultation with the town vending
committee, by notification, make rules for carrying out the provisions of
this Act.
(2) In particular and without prejudice to the generality of the foregoing power
such rules may provide for all or any of the following matters, namely,-
(a) the manner of publishing summary of scheme under sub-section (2) of
Section 3;
(b) the number of members under clause (b) of sub-section (2) of section 4;
(c) the allowances to Chairperson and members under sub-section (3) of
section 4;
(d) the time and place for meeting,  procedure for transaction of business at
meetings and functions to be discharged under sub-section (4) of section
Government to
develop and
organize
programmes
Power to make
bye-laws
Power to make
rules
Government to
undertake
promotional
measures
10
4 and Section 5;
(e) the manner and purpose for which a person may be associated under
sub-section (1) of section 5;
(f) the allowance to associated person under sub-section (3) of section 5:
(g) the other employees of town vending committee under section 6;
(h) the  form  and  manner  for  preparing  and  publishing  annual accounts
statement under section 8;
(i) the returns to be filed under section 18.
(3) Every rule, scheme and bye-law made under this Act shall, as soon as
after it is made, be laid before the State Legislature of Meghalaya.
23. (1) The Meghalaya Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Ordinance, 2014 is hereby repealed.
(2) Notwithstanding such repeal, any action taken or purported to have been
taken or anything done or purported to have been done under the
Ordinance so repealed shall be deemed to have been taken or done
under the corresponding provisions of this Act.
Repeal and savings
SHILLONG: Printed and  Published  by the Director,  Printing and  Stationery, Meghalaya, Shillong.
(Extraordinary Gazette of Meghalaya) No. 277-730+300—11-12-2014.
website:- http://megpns.gov .in/gazette/gazette.asp
L. M. SANGMA,
Secretary to the Govt. of Meghalaya,
Law Department.
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