Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2014

About Bill 

• The Act aims to regulate hawking by street vendors in public spaces while also protecting street vendors' rights and livelihoods.
• The Act was passed to address the issues that street sellers experience, including harassment, evictions, and a lack of social security, while also acknowledging their contributions to metropolitan economies and culture.

Key Provisions of the Act

Town Vending Committee (TVC) 

• The Act mandates the formation of Town Vending Committees responsible for conducting surveys of all street vendors within their jurisdiction every five years. 
• Street vendors cannot be evicted until this survey is completed, and a certificate of vending is issued to eligible vendors.  

Designated Vending Zones

• All registered street vendors should be accommodated in designated vending zones. If space is limited, space should be allotted through a lottery system.
• Vendors who cannot be accommodated in the same vending zone should be allotted space in adjacent vending zones.

Vending Certificate

Street vendors above the age of fourteen years can obtain a vending certificate provided they fulfill specific conditions:

• Undertake to run the vending business either by themselves or with family members.
• Demonstrate that vending is their primary means of livelihood.
• Agree not to transfer the certificate except in case of death or permanent disability (where it can be transferred to a family member).

No-Vending Zones

• Vending activities are prohibited in specified no-vending zones.
• If an area is declared a no-vending zone, vendors must relocate to another area with a notice of at least 30 days. Failure to vacate may result in a fine.

Dispute Settlement

• A dispute resolution body headed by a civil judge or judicial magistrate is established to resolve disputes related to street vending.

Penalty

• A fine of up to Rs 2,000 can be imposed on sellers operating without a certificate or violating the conditions of the certificate.
• Failure to move from a no-vending zone can attract a fine of up to two hundred and fifty rupees per day.

Challenges 

Imbalanced implementation: 

• Even after a decade of enactment, only 17 states have constituted grievance redressal committees for the welfare of street vendors. TVCs are yet to be constituted in many urban local bodies and existing TVCs in many states lack adequate representation.

Maximum limit on number of vendors: 

• The Act limits the number of street vendors to 2.5% of the total population of the ward/city, which is inadequate for major metropolises like Delhi, Mumbai, etc. Exclusion of railway land and its premises: The Act does not apply to any land, premises and trains owned and controlled by the railways, which is a major business area for vendors.

Lack of uniformity: 

• Currently, street vending is regulated under municipal laws enacted by state legislatures and this leads to a lack of uniformity in its implementation. For example, Brihanmumbai Municipal Corporation issued a Certificate of Vending based on domicile certificates till 2022, despite domicile not being a criterion under the 2014 act. 

Lack of uniformity: 

• At present, street vending is regulated under municipal laws made by state legislatures and this leads to lack of uniformity in its implementation. For example, the Brihanmumbai Municipal Corporation issues certificate of vending based on residence certificate till 2022, while residence is not a criterion under the 2014 Act.

Enforcement Issues :

• Enforcement of no-vending zones and fines has been uneven, resulting in ongoing harassment and eviction of street vendors

Suggestions

Strengthening TVCs: 

• Increasing the operational efficiency of TVCs by ensuring they are fully functional and engage vendor representatives can help address vendor issues more effectively.

Regular Monitoring and Evaluation:

• Implementing regular monitoring and evaluation mechanism similar to Swachh Survekshan to evaluate the effectiveness of street vending schemes and encourage best practices among urban local bodies.

Better integration with social protection schemes:

• Strengthening the linkages between street vending policies and comprehensive social security and welfare schemes will ensure that