Street Vendors meet the Chief Minister of Delhi

30 May, 2015: A delegation of street vendors leaders led by Dharmendra Kumar met Mr. Arvind Kejriwal, the Chief Minister (C.M.) of NCT. of Delhi.

A range of issues were discussed during the meeting. Hon’ble CM was requested to revisit the Street Vendors (protection of Livelihood and Regulation of vending) rules, 2014 to make sure that the Town Vending Committee has representatives of street vendors democratically elected by all existing informal street vendors and not just by the already licensed ones.

The delegation welcomed the Delhi govt. notification issued on 19th Feb 2015 directing authorities not to disturb existing street vendors/hawkers. It was also requested to create framework to allow new vendors.

The delegation thanked Mr. Kejriwal for his govt. stand to not allow foreign direct investment (FDI) in multibrand retail under territorial jurisdiction of Delhi. Last but not the least, the delegation presented a report to the Hon’ble CM based on a survey conducted among street vendors from across Delhi. The study finds that street vendors continue to be harassed by various authorities especially the municipality and police. According to the findings of the study, street vendors of Delhi are annually paying around Indian National Rupees (INR) 844 crores (almost 140 million US$) to personnel of municipality and police.

Meeting_Delhi_CM_1

 

Meeting_Delhi_CM_2

 

Meeting_Delhi_CM_4

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Parliament panel says FDI in retail may not benefit MSMEs

http://www.business-standard.com/article/pti-stories/parliament-panel-says-fdi-in-retail-may-not-benefit-msmes-114021901190_1.html

Observing that in multi-brand retail sector may not benefit Indian MSMEs, a Parliamentary panel has asked the MSME Ministry to commission a survey to gauge the impact of earlier FDI policies on the sector.

“The Committee is of the opinion that the FDI for retail may not have beneficial impact on the MSME sector,” Committee on impact of foreign direct investment (FDI) in multi-brand retail on MSME sector said in its report.

The committee suggested the MSME Ministry to commission a survey to assess the benefits and losses of previous FDI policies on the MSME sector to ascertain if FDI policy so far has created any back-end infrastructure, imparted skills to domestic manpower or upgraded managerial skills.

Highlighting that the government has not conducted any study on the impact of FDI since 1997, the Committee said the debate in reflects lack of consensus on the impact of FDI in various emerging economies and it was inaccurate to state that discussions generally indicated support for FDI.

The central government had permitted 51 per cent FDI in multi-brand retailing in September 2012, leaving its implementation to the states.

So far, only UK-based Tesco’s proposal to invest in the sector has been approved by the Centre.

The Committee is chaired by Member of Parliament in the Rajya Sabha K C Tyagi.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Street Vendors Bill

The upper house of the Indian Parliament passed the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2013. The bill was already passed by the lower house on 6th Sept. 2013. The bill aims at creating a conducive atmosphere where street vendors, are able to carry out their business in a fair and transparent manner, without the fear of harassment and eviction.

Main features of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2013 are as follows:

The Provisions of the Bill are aimed at creating a conducive atmosphere where street vendors, are able to carry out their business in a fair and transparent manner, without the fear of harassment and eviction.

(i)           The Bill provides for constitution of a Town Vending Authority in each Local Authority, which is the fulcrum of the Bill, for implementing the provisions of the Bill.

(ii)         In order to ensure participatory decision making for aspects relating to street vending activities like determination of natural market, identification of vending zones, preparation of street vending plan, survey of street vendors etc. the TVC is required to have representation of officials and non-officials and street vendors, including women vendors with due representation from SC, ST, OBC, Minorities and persons with disabilities. It has been provided that 40% members of the TVC will be from amongst street vendors to be selected through election, of which one-third shall be women.

(iii)       To avoid arbitrariness of authorities, the Bill provides for a survey of all existing street vendors, and subsequent survey at-least once in every five years, and issue of certificate of vending to all the street vendors identified in the survey, with preference to SC, ST, OBC, women, persons with disabilities, minorities etc.

(iv)       All existing street vendors, identified in the survey, will be accommodated in the vending zones subject to a norm conforming to 2.5% of the population of the ward or zone or town or city.

(v)         Where the number of street vendors identified are more than the holding capacity of the vending zone, the Town Vending Committee (TVC) is required to carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons will be accommodated in any adjoining vending zone to avoid relocation.

(vi)       Those street vendors who have been issued a certificate of vending/license etc. before the commencement of this Act, they will be deemed to be a street vendor for that category and for the period for which he/she has been issued such certificate of vending/license.

(vii)     It has been provided that no street vendor will be evicted until the survey has been completed and certificate of vending issued to the street vendors.

(viii)   It has also been provided that in case a street vendor, to whom a certificate of vending is issued, dies or suffers from any permanent disability or is ill, one of his family member i.e. spouse or dependent child can vend in his place, till the validity of the certificate of vending.

(ix)       Thus the mechanism is to provide universal coverage, by protecting the street vendors from harassment and promoting their livelihoods.

(x)         Procedure for relocation, eviction and confiscation of goods has been specified and made street vendor friendly. It is proposed to provide for recommendation of the TVC, as a necessary condition for relocation being carried out by the local authority.

(xi)       Relocation of street vendors should be exercised as a last resort. Accordingly, a set of principles to be followed for ‘relocation’ is proposed to be provided for in the second Schedule of the Bill, which states that (i) relocation should be avoided as far as possible, unless there is clear and urgent need for the land in question; (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 (iv) 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.

(xii)     The Local authority is required to make out a plan once in every 5 years, on the recommendation of TVC, to promote a supportive environment and adequate space for urban street vendors to carry out their vocation. It specifically provides that declaration of no-vending zone shall be carried subject to the specified principles namely; any existing natural market, or an existing market as identified under the survey shall not be declared as a no-vending zone; declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors; no zone will be declared as a no-vending zone till such time as the survey has not been carried out and the plan for street vending has not been formulated. Thus the Bill provides for enough safeguards to protect street vendors interests.

(xiii)   The thrust of the Bill is on “natural market”, which has been defined under the Bill. The entire planning exercise has to ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets.Thus, natural locations where there is a constant congregation of buyers and sellers will be protected under the Bill.

(xiv)   There is a provision for establishment of an independent dispute redressal mechanism under the chairmanship of retired judicial officers to maintain impartiality towards grievance redressal of street vendors.

(xv)     The Bill provides for time period for release of seized goods, for both perishable and non-perishable goods. In case of non-perishable goods, the local authority is required to release the goods within two working days and incase of perishable goods, the goods shall be released the same day, of the claim being made.

(xvi)   The Bill also provides for promotional measures to be undertaken by the Government, towards availability of credit, insurance and other welfare schemes of social security, capacity building programmes, research, education and training programme etc. for street vendors.

(xvii) Section 29 of the Bill provides for protection of street vendors from harassment by police and other authorities and provides for an overriding clause to ensure they carry on their business without the fear of harassment by the authorities under any other law.

(xviii)     The Bill specifically provides that the Rules under the Bill have to be notified within one year of its commencement, and Scheme has to be notified within six months of its commencement to prevent delay in implementation.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Rajasthan joins Delhi in banning FDI in retail

http://timesofindia.indiatimes.com/business/india-business/Rajasthan-joins-Delhi-in-banning-FDI-in-retail/articleshow/29676191.cms

Rajasthan joins Delhi in banning FDI in retail

TNN | Feb 1, 2014, 12.18AM IST

NEW DELHI/JAIPUR: There is more bad news for foreign supermarket chains looking to set up shop in India with Rajasthan joining Delhi in reversing its earlier decision to allow foreign direct investment (FDI) in multi-brand retail trading.

Analysts said that the move will further impact investor sentiment as it does away with stability in policy. Foreign retailers have cited the lack of unanimity among political parties as one of the key reasons to adopt a wait and watch stance before committing to investing in the country.

So far, Tesco, which has tied up with Tata Group’s Trent, is the only company to have received government go-ahead for multi-brand retail even as others such as Walmart and Carrefour have preferred to wait on the sidelines. Tesco intends to start operations in Maharashtra and Karnataka.

The newly elected BJP government in Rajasthan has communicated its decision against allowing FDI in multi brand retail to the Union commerce and industry ministry, two government officials told ToI.

Principal secretary Veenu Gupta, managing director of RIICO and in charge of the state Bureau of Investment Promotion as commissioner, confirmed that the letter was sent to the ministry on January 25. BJP has been opposed to the policy with states ruled by it, including Gujarat and Madhya Pradesh, deciding against allowing FDI in multi-brand.

Hawkers Will March to parliament

Hawkers Joint Action Committee is organizing a sit in protest and march to Parliament on 5th February at Jantar Mantar, New Delhi demanding Indian Govt. reversal of FDI retail policy and the passage of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 from the upper house of the parliament. The lower house has already passed the bill on 6th September, 2013. The bill provides for protection of livelihoods rights, social security of street vendors and regulation of urban street vending.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Victory in Delhi

Delhi became the first Indian state to reverse the policy of allowing FDI in multibrand retail. The newly formed Delhi govt. of Aam Admi Party (AAP) has written to the Department of Industrial Policy and Promotion (DIPP) asking it to remove Delhi from the list of states which have conveyed their agreement to the policy of FDI in multibrand retail.

France based Carrefour and Germany based Metro are already operating cash & carry wholesale stores in Delhi. Rajasthan, another major state of India is likely to follow the suit.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Workers Manifesto at Forum of Informal Urban Poor Workers

Forum of Informal Urban poor Workers (FIUPW) and PRIA jointly organized a workers assembly on 10th Oct at Constitution Club, Delhi. A workers manifesto was presented to all political parties keeping in view the forthcoming elections in Delhi.

Mr. Prashant Bhushan, Senior Advocate, Supreme Court of India and leader of Aam Admi Party, Mr. Dhirendra Sharma, State Secretary, CPI, Mr. Anand Sahu, leader, BJP and Mr. Anurag Saxena, Secretariat Member, CPM attended the assembly and responded to the workers manifesto. Dharmendra Kumar chaired the session.

Manifesto 032

 

Manifesto 049

 

Manifesto 054

Facebooktwittergoogle_plusredditpinterestlinkedinmail

People Building Better Cities: Participation and Inclusive Urbanization

spa 4 oct 001

People Building Better Cities: Participation and Inclusive Urbanization – is an exhibition and exchange platform for communities, urban professionals, universities, non-governmental organizations, and policy makers on the challenges of inclusive urbanization and climate change.

In Delhi, the exhibition will be shown in English and Hindi from October 4 – 18, 2013. The English exhibition will open at School of Planning & Architecture (SPA), with a panel discussion themed “Rethinking Urban Informality: Ideas for an Inclusive City”. The Hindi exhibition will be mobile and is being hosted in six different locations across Delhi by members of the Forum of Informal Urban Poor Workers (FIUPW) with community-led local programs at each venue.

October 4, Friday: EXHIBITION OPENING in English
School of Planning & Architecture

SPA, New Committee Room, 4-Block-B, Indraprastha Estate, New Delhi

9:30-10:00 Doors open
10:00-10:30 Exhibition opening & interactive walkthrough
10:30-11:00 Tea Break
11:00-13:00 Panel Discussion with Q&A
‘People Building Better Cities: Rethinking Urban Informality – Ideas for an Inclusive City’
13:00 onwards Lunch and exhibition display

Moderator
Prof. Chetan Vaidya, Director, SPA

Panelists
Prof. Neelima Risbud, Head, Housing, SPA
Prof. Jagan Shah, Director, NIUA (TBC)
Mr. Manoj Rai, Director, PRIA
Mr. Dharmendra Kumar, Secretary, Janpahal (TBC)
Ms. Isabelle-Jasmin Roth, Managing Director, Avantgarde India (TBC)
___________________________________________________________________
TRAVELING EXHIBITION in Hindi
The Hindi exhibition will remain open from 11:00 to 17:00 at the dates and locations provided below

October 7, Monday and 8, Tuesday
Janpahal Shelter for Homeless with Janpahal and India FDI Watch

Directions: Nehru Enclave-Akshardham Flyover, Shakarpur. Nearest metros – Akshardham, Laxmi Nagar and Yamuna Bank
Inquiries: Mr. Dharmendra Kumar, Secretary, Janpahal & Director, India FDI Watch
dkfordignity@yahoo.co.ukjanpahal@gmail.com

October 9, Wednesday and 10, Thursday
Baljeet Nagar with HAQ
Inquiries: Mr. Abdul Shakeel, Coordinator, HAQ
shakeel4peace@gmail.comhaq.delhi@gmail.com

October 11, Friday and 12, Saturday
Seemapuri with All India Kabadi Mazdoor Mahasangh

October 14, Monday and 15, Tuesday
Rohini with All India Rickshaw Pullers Association

Oct 17, Thursday, and 18, Friday
B-5 Vasant Kunj with Jhuggi Jhopri Ekta Manch

__________________________________________________________________

‘COMMUNITY ADDAS’
A series of themed chat sessions at each venue, with local stakeholders and community members will be held between 11:00 – 13:00, on the following dates. Refreshments will be arranged by the hosting community.

October 8, Tuesday
‘Urban informality and the homeless’

Chair
Mr. Dharmendra Kumar, Secretary, Janpahal

Key Speakers
Dr. Amod Kumar, Chief Functionary, State appointed Mother NGO for Homeless
Ms. Ambika Pandit, Journalist, TNN (TBC)
Mr. H.S. Rawat, Co-Convener, Hawkers Joint Action Committee

___________________________________________________________________

EXHIBITION PARTNERS
Society for Participatory Research in Asia (PRIA)
National Institute for Urban Affairs
School of Planning & Architecture, Delhi
Janpahal
India FDI Watch
HAQ
All India Kabadi Mazdoor Mahasangh
All India Rickshaw Pullers Association
Jhuggi Jhopri Ekta Manch

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 passed by Lok Sabha

http://pib.gov.in/newsite/erelease.aspx?relid=99161

The Lok Sabha today passed the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 . The Bill provides for protection of livelihoods rights, social security of street vendors, regulation of urban street vending in the country and for matters connected therewith or incidental thereto.

Moving the Bill for consideration and Passing in the house today, Dr. Girija Vyas, Minister of Housing and Urban Poverty Alleviation, said “Street vendors constitute an integral part of our urban economy. 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 a majority of the urban population, especially the common man. Street vendors are often those who are unable to get regular jobs in the remunerative formal sector on account of their low level of education and skills. They try to solve their livelihoods issues through their own meagre financial resources and sweat equity.

Given the pace of urbanization and the opportunities presented through the development of urban areas, the growth of street vendors’ population is likely to have an upward trend. She said ” It is vital that these vendors are enabled to pursue their livelihoods in a congenial and harassment free atmosphere. Inclusive growth strategy adopted by the 11th and 12th Five Year Plans calls for a facilitating mechanism for street vending to aid economic growth and inclusion simultaneously.”

Main features of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 are as follows:

The Provisions of the Bill are aimed at creating a conducive atmosphere where street vendors, are able to carry out their business in a fair and transparent manner, without the fear of harassment and eviction.

(i) The Bill provides for constitution of a Town Vending Authority in each Local Authority, which is the fulcrum of the Bill, for implementing the provisions of the Bill.

(ii) In order to ensure participatory decision making for aspects relating to street vending activities like determination of natural market, identification of vending zones, preparation of street vending plan, survey of street vendors etc. the TVC is required to have representation of officials and non-officials and street vendors, including women vendors with due representation from SC, ST, OBC, Minorities and persons with disabilities. It has been provided that 40% members of the TVC will be from amongst street vendors to be selected through election, of which one-third shall be women.

(iii) To avoid arbitrariness of authorities, the Bill provides for a survey of all existing street vendors, and subsequent survey at-least once in every five years, and issue of certificate of vending to all the street vendors identified in the survey, with preference to SC, ST, OBC, women, persons with disabilities, minorities etc.

(iv) All existing street vendors, identified in the survey, will be accommodated in the vending zones subject to a norm conforming to 2.5% of the population of the ward or zone or town or city.

(v) Where the number of street vendors identified are more than the holding capacity of the vending zone, the Town Vending Committee (TVC) is required to carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons will be accommodated in any adjoining vending zone to avoid relocation.

(vi) Those street vendors who have been issued a certificate of vending/license etc. before the commencement of this Act, they will be deemed to be a street vendor for that category and for the period for which he/she has been issued such certificate of vending/license.

(vii) It has been provided that no street vendor will be evicted until the survey has been completed and certificate of vending issued to the street vendors.

(viii) It has also been provided that in case a street vendor, to whom a certificate of vending is issued, dies or suffers from any permanent disability or is ill, one of his family member i.e. spouse or dependent child can vend in his place, till the validity of the certificate of vending.

(ix) Thus the mechanism is to provide universal coverage, by protecting the street vendors from harassment and promoting their livelihoods.

(x) Procedure for relocation, eviction and confiscation of goods has been specified and made street vendor friendly. It is proposed to provide for recommendation of the TVC, as a necessary condition for relocation being carried out by the local authority.

(xi) Relocation of street vendors should be exercised as a last resort. Accordingly, a set of principles to be followed for ‘relocation’ is proposed to be provided for in the second Schedule of the Bill, which states that (i) relocation should be avoided as far as possible, unless there is clear and urgent need for the land in question; (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 (iv) 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.

(xii) The Local authority is required to make out a plan once in every 5 years, on the recommendation of TVC, to promote a supportive environment and adequate space for urban street vendors to carry out their vocation. It specifically provides that declaration of no-vending zone shall be carried subject to the specified principles namely; any existing natural market, or an existing market as identified under the survey shall not be declared as a no-vending zone; declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors; no zone will be declared as a no-vending zone till such time as the survey has not been carried out and the plan for street vending has not been formulated. Thus the Bill provides for enough safeguards to protect street vendors interests.

(xiii) The thrust of the Bill is on “natural market”, which has been defined under the Bill. The entire planning exercise has to ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets.Thus, natural locations where there is a constant congregation of buyers and sellers will be protected under the Bill.

(xiv) There is a provision for establishment of an independent dispute redressal mechanism under the chairmanship of retired judicial officers to maintain impartiality towards grievance redressal of street vendors.

(xv) The Bill provides for time period for release of seized goods, for both perishable and non-perishable goods. In case of non-perishable goods, the local authority is required to release the goods within two working days and incase of perishable goods, the goods shall be released the same day, of the claim being made.

(xvi) The Bill also provides for promotional measures to be undertaken by the Government, towards availability of credit, insurance and other welfare schemes of social security, capacity building programmes, research, education and training programme etc. for street vendors.

(xvii) Section 29 of the Bill provides for protection of street vendors from harassment by police and other authorities and provides for an overriding clause to ensure they carry on their business without the fear of harassment by the authorities under any other law.

(xviii) The Bill specifically provides that the Rules under the Bill have to be notified within one year of its commencement, and Scheme has to be notified within six months of its commencement to prevent delay in implementation.

The Bill is aimed at creating a conducive atmosphere for street vendors to do their business in dignity and is likely to help in giving livelihood protection to about 1 crore families.

Background :

Considering the significant contribution made by street vendors to the urban society, and to enable them to earn a decent livelihood through creation of conditions for decent work, without causing obstruction to the public and to reflect the spirit of the Constitution of India on the right of citizens to equal protection before the law as well as their right to practice any profession, occupation, trade or business, the Government of India revised the National Policy on Urban Street Vendors, 2004 and brought out the National Policy on Urban Street Vendors, 2009.

The revised Policy was circulated to all States/UTs for implementation after, the approval of the Union Cabinet on 23th February, 2009. The revised Policy underscored the need for a legislative framework to enable street vendors to pursue an honest living without harassment. Accordingly, a Model Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2009 was prepared by the Government of India. The Model Bill was also approved by the Union Cabinet on 23th February 2009 and was circulated to all States for taking a cue while legislating on the subject.

The Ministry of Housing & Urban Poverty Alleviation has been receiving continuous representations from individual street vendors and their organizations to bring a central legislation, which would be applicable to all the states and UTs. Therefore, for giving a national recognition to the contribution of street vendors and to ensure uniformity in the legal framework for street vending across States, a Central law on street vending is considered essential.

Regional level consultations were organized on the subject of implementation of National Policy on Street Vendors and legislative framework for street vending in Patna on 4th-5th March, 2011, Mumbai on 24th September, 2011, and Delhi on 18.11.2011 which were attended by representatives from State Governments, Urban Local Bodies, NGOs, Civil Society, International Organizations, Experts, Members of Street Vendors Associations etc.

A National Consultation was also held in New Delhi on 23rd December 2011 to seek the views / comments of various stakeholders, including representatives of Street Vendors’ organizations and street vendors themselves on the salient features of the proposed legislation in order to evolve an effective and practical central law for the protection of livelihood rights and social security of street vendors. The suggestions and recommendations received covered a wide variety of measures relating to providing a conducive framework for street vending.

Accordingly, a new legislation namely ‘Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012’ was drafted under entries 20 (economic and social planning), 23 (social security and social insurance; employment and unemployment), and 24 (welfare of labour including conditions of work, provident funds, employers liability, workmen’s compensation, invalidity and old age pensions and maternity benefits) of List III of the Constitution. The Bill provides for protection of livelihoods rights, social security of street vendors, regulation of urban street vending in the country and for matters connected therewith or incidental thereto.

The draft Bill, was circulated to States/UTs on 29.02.2012 for comments. It was also discussed and deliberated during a National Consultation of Housing/Urban Development Ministers of States and UTs on the 28th of April, 2012, which was attended by 22 States, and received wide acceptance and support.

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012, as approved by the Cabinet in its meeting held on 17th August 2012, was introduced in the Lok Sabha on 6th September 2012.

The Bill was referred to the Standing Committee on Urban Development on the 10th September 2012. The said Standing Committee presented its 23rd Report on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 to the Lok Sabha and laid on the table of Rajya Sabha on 13th March 2013.

The Standing Committee has made in all 26 recommendations. The recommendations made by the Standing Committee were considered by my Ministry and it was proposed to accept 17 recommendations fully, 3 recommendations in part or with modifications, and 6 recommendations are not proposed to be accepted.

RM/RS

(Release ID :99161)

Facebooktwittergoogle_plusredditpinterestlinkedinmail