Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017

{
    "id": 15531,
    "slug": "bihar-street-vendors-protection-of-livelihood-and-regulation-of-street-vending-schemes-2017",
    "title": "Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017",
    "short_title": "Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017",
    "act_number": "Published vide Notification No. 04/SV(NULM)-04/201",
    "act_year": 2017,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014( Central Act 7 of 2014);\n(b) \"appropriate Government\" means the Government of Bihar;\n(c) \"local authority\" means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, [or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 [or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending in that city or town;\n(d) \"notification\" means a notification published in the Official Gazette and the term \"notify\" shall be constructed accordingly;\n(e) \"street vendor\" means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in street, lane, side walk, footpath, pavement, public park, or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous term which may be local or region specific; and the words \"street vending\" with their grammatical variations and cognate expressions, shall be constructed accordingly;\n(f) \"stationary vendors\" means street vendors who carry out vending Activities on regular basis at a specific location;\n(g) \"mobile vendors\" means street vendors who carry out vending Activities in designated area by moving from one place to another place vending their goods and services;\n(h) \"festive market\" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during festival season of the city or town and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(i) \"heritage market\" means a market which has completed more than fifty years in one place where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(j) \"natural Market\" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(k) \"niche market\" means a market where sellers and buyers have traditionally congregated for the sale and purchase of niche products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(l) \"night bazaar\" means a bazaar where sellers and buyers have traditionally congregated for the sale and purchase of products or services after evening i.e. during night and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(m) \"seasonal market\" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during specific seasons and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(n) \"weekly market\" means a market where sellers and buyers have weekly congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(o) \"Town Vending Committee\" means the body constituted by the appropriate Government under Section 22 of the Act;\n(p) \"vending zone\" means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for the street vending and includes footpath, side walk, 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.\n(q) \"Plan\" means the Plan made under First Schedule of Section 22 of the Act;\n(r) \"planning authority\" means an Urban Development Authority or any other authority in any city or town designated by the appropriate Government as responsible for regulating the land use by defining the precise extent of areas for any particular Activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan under the Town and Country Planning Act or the Urban Development Act or the Municipal Act, which is legally enforceable for the time being as the case may be;\n(s) \"public purpose\" includes in the context of the Act(i) widening of roads, streets, lanes;(ii) shifting the alignment of roads, streets, lanes;(iii) erecting flyovers with or without clover leaves and slip down roads; (iv) erecting underpasses; (v) development of land owned by public authorities for some public projects; (vi)laying of water, or sewer pipe lines;(vii) erecting intermediate pumping stations for the services; (viii) any project related with public transport like BRTS, Metro, etc.; (ix) erection of Economically Weaker Section(EWS) Housing; (x) Creation Parks, Gardens and Recreational Area; (xi) Conservation of any eco system resource in that area and (xii) Any other development work taken by the local authority, the beneficiary of which will be the community at large.\n(t) \"Scheme\" means the Scheme made under Second Schedule of section 38 of the Act;\n(u) \"Section\" means section of the Act;\n(v) \"holding capacity\" means the maximum number of street vendors who can be accommodated in any vending zone and has been determined as such by the local authority on the recommendations of the Town Vending Committee;\n(w) \"Grievance Redressal Committee\" means a committee constituted by the Government of Bihar under sub- section (1) of section 20 of the Act;\nChapter -II\nManner of Conducting Survey",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Process of Survey.",
            "chapter": null,
            "content": "(i) On its websites\n(ii) by publishing in any two prominent local newspapers published in the local language of the area\n(iii) by placing it on the notice board of the office, and\n(iv) by placing a copy in any conspicuous place in the local market within the jurisdiction of the local authority\n4.\n5.\n(1) Push cart/ motorized vehicle\n(2) Floor spread\n(3) Rack and hanging frame mode\n6.\nChapter - III\nIssue of Identity Card and Certificate of Vending",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "7",
            "title": "7. The period within which Identity Card and certificate of vending shall be issued to the street vendors identified under survey.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "8",
            "title": "8. The terms and conditions subject to which Identity card and certificate of vending may be issued to a street vendor including to those persons who wish to engage on street vending during the intervening period of two surveys.",
            "chapter": null,
            "content": "(i) Name shall include in the survey carried out by the TVC.\n(ii) shall be street vendor only and will not be engaged in any other occupation.\n(iii) No other parallel vending site in any other place by the same persons. However his/her spouse and any child above 14 years of age can have a different vending site.\n(iv) shall engage the vending by him or her though family or other people (if he/she has completed 14 years) can be involved.\n(v) Any street vendor who has completed the age of 14 years of age.\n(vi) New Street vendor who wish to carry on street vending during the intervening period of two surveys, has to apply through Town Vending Committee for the Identity card and vending certificate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "9",
            "title": "9. The form and manner in which the certificate of vending shall be issued to a street vendor.",
            "chapter": null,
            "content": "(ii) Name of the vendor-\n(iii) Name of the spouse or dependent child if involved in vending with the vendor-\n(iv) Age and Sex of the person/s whose photo appears-\n(v) Address of residence-\n(vi) Category of Vending (Mobile/Stationary/Natural/Weekly etc.)-\n(vii) Name of Vending Place (whether it is historical place, park, market, in front of school/college/hospital/bus stand or malls etc.)-\n(viii) Name of the Municipal body-\n(ix) Date of Issuing Vending Certificate-\n(x) Validity (Since the law provides for survey every five year, the certificate of vending should also be issued for five year)-\n(xi) Unique Registration Number-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "10",
            "title": "10. The form and manner of issuing identity cards to street vendors.",
            "chapter": null,
            "content": "(ii) Age-\n(iii) Sex-\n(iv) Address of residence-\n(v) Address of the vending site-\n(vi) Photo-\n(vii) Phone Number-\n(viii) Category of vending-\n(ix) Municipal ward or zone number-\n(x) Police station-\n(xi) Validity period-\n(xii) Signature of the authority with seal-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "11",
            "title": "11. The period of validity of Identity card and certificate of vending.",
            "chapter": null,
            "content": "Chapter -IV\nRenewal, Suspension and Cancellation of Certificate of Vending",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "12",
            "title": "12. The period for which and the manner in which a certificate of vending may be renewed and the fees for such renewal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "13",
            "title": "13. The manner in which the certificate of vending may be suspended or cancelled.",
            "chapter": null,
            "content": "(i) If he/she caring out vending squatting/ hawking in the area/market other than mentioned in the vending license.\n(ii) Misrepresented the age (minimum age is 14 years) for eligibility to get vending certificate;\n(iii) If the area allotted has been increased or unauthorized occupying additional area.\n(iv) If no registration has be done under FSSAI in case of food vendors.\n(v) If any permanent structure has been constructed on the allotted place.\n(vi) If certificate of vending is sold or leased out to any other person.\n(vii) If the vending certificate has not been renewed after the prescribed period is over.\n(viii) Any street vendor who has employed any child below 14 years of age [under Child Labour (Prohibition and Bye-laws [Regulation]) Act, 2005 will be given a warning by the TVC. But failing that their vending certificate will be cancelled.\n(ix) Any street vendor who is guilty of misbehaviour with women vendor will be given a warning based on the written complaint filed by the aggrieved.\n(x) The TVC should make a committee [Headed by a woman official] to take into account the Domestic Violence Act, 2005, Harassment at workplace (Prevention, Prohibition and redressal) Act-2013 and also Indian Penal Code to protect women at work place.\nChapter - V\nCategories of Street Vendors and Fees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "14",
            "title": "14. The categories of street vendors.",
            "chapter": null,
            "content": "(i) Stationary;\n(ii) Mobile;\n(iii) Any other which may the state Govt. provide for.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "15",
            "title": "15. The other categories of persons for preference for issue of Identity card and certificate of vending.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "16",
            "title": "16. The vending fees to be paid on the basis of category of street vending, which may be different for different cities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "17",
            "title": "17. The manner of collecting, through banks, counters of local authority and counters of Town Vending Committee, vending fees, maintenance charges and penalties for registration, use of parking space for mobile stalls and availing of civic services.",
            "chapter": null,
            "content": "Chapter - VI\nRelocation and Eviction of Street Vendors",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "18",
            "title": "18. The public purposes for which a street vendor may be relocated and the manner of relocating street vendor.",
            "chapter": null,
            "content": "(i) During the time of construction/development the street vendors may be adjusted in a nearby place temporarily or permanently.\n(ii) After completion of the project, the street vendors may be adjusted in the same place of public purpose area for vending to the extent possible but it is not compulsory/mandatory.\n(a) Give an estimate of footfall status in an area where from the vendors are to be shifted.\n(b) Total number of vendors to be shifted.\n(c) Footfall status of the alternative sites.\n(d) Carrying capacity of the alternative sites.\n(e) Likely availability of vending space after the project is completed.\n(f) Temporary allotment of sites for shifting the vendors may be done by lots.\n(g) In case number of the vendors in the original site is more than the number which could be accommodated after the project is completed, allotment by lot can be adopted.\n(h) The vendors who were carrying on business from a government land can either be placed in a plot owned by the public authority or can be organized on the road depending on the availability.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "19",
            "title": "19. The manner of evicting a street vendor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "20",
            "title": "20. The following shall be the manner of giving notice for eviction of a street vendor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "21",
            "title": "21. The manner of evicting a street vendor physically on failure to evict.",
            "chapter": null,
            "content": "Chapter - VII\nSeizure of Goods",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "22",
            "title": "22. The manner of seizure of goods by the local authority, including preparation and issue of list of goods seized.",
            "chapter": null,
            "content": "(i) Only the authorized person from the local authority will conduct seizure of goods.\n(ii) The list of goods seized will be made by the concerned authority and the same will be duly signed by the concerned authority.\n(iii) The street vendor, whose goods are seized, will be given proper receipt by the authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "23",
            "title": "23. The manner of reclaiming seized goods by the street vendors and the fees for the same.",
            "chapter": null,
            "content": "Chapter - VIII\nSocial Audit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "24",
            "title": "24. The form and the manner to carry out social audit of the Activities of Town Vending Committee and maintenance of records.",
            "chapter": null,
            "content": "(1) The social audit unit shall consist of the following:-\n(a) An eminent Academician in the field of Sociology\n(b) An eminent Social Activist\n(c) A Retired Administrator\n(2) The social audit shall be carried out at least once in three years. The schedule for conduct of the social audit shall be determined at an appropriate time\n(3) The TVC shall provide details of all relevant information, at least a fortnight before the social audit process commences. This shall include the following:-\n(a) Status of implementation of the Act and the Scheme for Street Vendors.\n(b) A record of the minutes of the meetings of the TVC conducted in those years.\n(c) Record of all registered street vendors.\n(d) Records of appeals made before the local authority under Section 11 of the Act.\n(e) Record of all grievances/disputes brought before the Grievance Redressal Committee under Section 20 of the Act.\n(f) Record of the total number and details of evictions and confiscation of goods and relocation of street vendors taken place in those years.\n(g) Records of social audit reports, if any, taken place previously.\n(4) The social audit unit shall conduct meetings and focused group discussions with street vendors on various aspects of the implementation of the Act and the Scheme.\n(5) The social audit unit shall record in writing grievances of street vendors on any issue faced by them.\n(6) At the culmination of the social audit process, the unit shall record its findings in writing.\n(7) The social audit unit shall hold a social audit public meeting at the TVC office. TVC members and representatives of the local authority shall attend the meeting. Street vendors of the particular area and other persons from the public may participate in the meeting. The social audit unit shall read out its findings at the meeting. Street vendors shall be encouraged to testify and the TVC shall respond to each of the issues identified in the social audit by giving clarification and/or explanation to the affected party and the public as to why a certain action was taken or not taken.\n(8) The social audit unit shall give adequate notice of the social audit public meeting by a public notice.\n(9) The local authority shall on each finding of the social audit in cases of gaps, lapses or deviations fix responsibility and shall take immediate corrective or disciplinary action. In case of a dispute, an administrative enquiry shall be conducted by the local authority and action taken accordingly in the shortest time possible and in any case not later than a month.\n(10) The statutory requirement of conducting social audit shall not preclude any independent initiative to carry out normal audit of accounts.\n(11) Social audit reports submitted in this process shall form part of the record and shall be responded to by the TVC. Where shortcomings are found immediate action shall be taken as per these rules. The social audit report as well as the action taken report shall form part of the record and shall be public information.\n(12) The budget for conducting social audit shall be allocated from amongst the administrative cost allowed for TVC.\nChapter - IX\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "25",
            "title": "25. The conditions under which private places may be designated as restriction-free-vending zones, restricted - vending zones and no-vending zones.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "26",
            "title": "26. The terms and conditions for street vending including norms to be observed for up keeping public health and hygiene.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "27",
            "title": "27. The designation of State Nodal Officer for co-ordination of all matters relating to street vending at the state level.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "28",
            "title": "28. 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.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "29",
            "title": "29. The manner of carrying out vending Activities on time-sharing basis.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "30",
            "title": "30. The principles for determining of vending zones as restriction-free-vending zones, restricted-vending zones and no- vending zones.",
            "chapter": null,
            "content": "(a) There shall not be any stationary street vending on a road having width less than 3.5 meters.\n(b) There shall not be any stationary street vending on a road having width between 3.5 meters to 6 meters. However, street vending shall be allowed if such road is declared as no vehicular road. In such cases, the street vending shall be restricted to 2.0 meter.\n(c) There shall not be any stationary street vending on a road having width between 6 meters to 9 meters. However, street vending shall be allowed if such road is declared one way vehicular road.\n(d) There shall be only one side stationary street vending on a road having width between 12 meters to 24 meters while both side stationary vending shall be allowed on a road having road width of 30 meters and above.\n(e) Number of street vendors shall be decided by considering holding capacity of each designated vending area on such a road.\n(f) Such stationary vending shall be allowed after taking the clearance from traffic police regarding the smooth vehicular and pedestrian movement. If required, road side parking shall be banned in such area where street vending is allowed.\n(g) Mobile vending shall be allowed on such road looking to the traffic and pedestrian movement.\n(h) A suggestive road design is provided in the annexure appended to the scheme",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "31",
            "title": "31. The principles for determining holding capacity of vending zones and the manner of undertaking comprehensive census and survey.",
            "chapter": null,
            "content": "(i) A maximum of 2 sq. mts area as 'vending area' shall be provided to each vendor/hawker with dimension of 1.6 meter x 1.2 meter.\n(ii) Passage of 1.0 meter width in front of stalls/ push carts shall be reserved as 'extension' for consumers/ users to stand or buy goods.\n(iii) A walkway/footpath of 1.0/2.0 meters width shall be provided for pedestrians, in front of extension space depending on the road width.\n(iv) In no case, the carriageway shall be allowed to be used for street vending.\n(v) If the width of road permits, street vending may be allowed on both sides of the road.\n(vi) No vending Activity shall be allowed at a distance of 50 meters from any junction/exit/entry of road or the railway crossing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "32",
            "title": "32. Criteria of relocation.",
            "chapter": null,
            "content": "Annexure\nAnnexure\nRoad Designing With Street Vending Space\nRoad Designing With Street Vending Space\n(in meters)\nSl. No.\nSl. No.\nWidth of Road (in meters)\nWidth of Road (in meters)\nFootpath\nFootpath\nStreet Vending Space\nStreet Vending Space\nService Road\nService Road\nCycle Track\nCycle Track\nCarriageway\nCarriageway\nCentral verge\nCentral verge\n1\n3.5\n0.0\n0.0\n0.0\n0.0\n0.0\n0.0\n0.0\n2.0\n0.0\n0.0\n0.0\n0.0\n2\n6.0\n0.0\n0.0\n0.0\n0.0\n0.0\n0.0\n0.0\n2.0\n0.0\n0.0\n0.0\n0.0\n3\n9.0\n1.0\n0.0\n0.0\n0.0\n3.5\n0.0\n1.0\n3.0\n0.0\n0.0\n0.0\n0.5\n4\n12.0\n1.0\n3.0\n0.0\n0.0\n3.5\n0.0\n5\n15.0\n1.0\n3.0\n0.0\n0.0\n5.0\n0.0\n6\n18.0\n1.0\n3.0\n0.0\n0.0\n6.0\n1.0\n7\n24.0\n1.5\n3.0\n0.0\n0.0\n8.5\n1.0\n8\n30.0\n1.5\n3.0\n0.0\n1.0\n9.0\n1.0\n9\n36.0\n2.0\n3.0\n0.0\n1.5\n11.0\n1.0\n10\n40.0\n2.0\n3.0\n0.0\n1.5\n13.0\n1.0\n11\n60.0\n3.0\n4.0\n5.0\n2.0\n15.0\n2.0\nSl. No.\nSl. No.\nCarriageway\nCarriageway\nCycle Track\nCycle Track\nService Road\nService Road\nStreet vending space\nStreet vending space\nFootpath\nFootpath\nVending status\nVending status\nConditionally allowed\nConditionally allowed\n1\n0.0\n0.0\n0.0\n0.0\n0.0\nNot allowed\n0.0\n0.0\n0.0\n0.0\n0.0\nAllowed\nNo vehicular area\n2\n0.0\n0.0\n0.0\n0.0\n0.0\nNot allowed\n0.0\n0.0\n0.0\n0.0\n0.0\nAllowed\nNo vehicular area\n3\n3.5\n0.0\n0.0\n0.0\n1.0\nNot allowed\n3.5\n0.0\n0.0\n0.0\n1.0\nAllowed\nOne way road\n4\n3.5\n0.0\n0.0\n0.0\n1.0\nAllowed\nOne side\n5\n5.0\n0.0\n0.0\n0.0\n1.0\nAllowed\nOne side\n6\n6.0\n0.0\n0.0\n0.0\n1.0\nAllowed\nOne side\n7\n8.5\n0.0\n0.0\n0.0\n1.5\nAllowed\nOne side\n8\n9.0\n1.0\n0.0\n3.0\n1.5\nAllowed\nBoth sides\n9\n11.0\n1.5\n0.0\n3.0\n2.0\nAllowed\nBoth sides\n10\n13.0\n1.5\n0.0\n3.0\n2.0\nAllowed\nBoth sides\n11\n15.0\n2.0\n5.0\n4.0\n3.0\nAllowed\nBoth sides\nNote. - These calculations are subject to approval of traffic division for carrying capacity of vehicular traffic.\nNote.\nFor two lane traffic minimum 7 meters is required for carrying traffic.\nMinimum area available for street vending - 3 meters.\nMinimum space requirement for pedestrian movements - 1.0 meters.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 7th February, 2020 [bh697]",
        "Act Number": "Published vide Notification No. 04/SV(NULM)-04/2015-415/UD & HD, dated 15.2.2017",
        "Enactment Date": "",
        "Act Year": "2017",
        "Short Title": "Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}