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Vending zones soon in city

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murali772 - 4 January, 2012 | Civic amenities | Bangalore | Media Reports | footpaths | hawking | hawker

In future, the streets and pavements should be in order, with vendors taking places allotted to them. The Karnataka Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, approved by the cabinet on Tuesday, aims to streamline hawking by having specified vending zones and ensure convenience to pedestrians and motorists.

The city will have vending zones, vending restriction zones and vending-free zones. Pedestrian movement, cleanliness, sanitation and public hygiene would be considered while identifying them. The new policy will lead to the creation of a town vending committee, where street vendors have to register. The committee has been empowered to seize material and goods, if the vendors are found guilty of violating rules. According to the new policy, a penalty of Rs 500 to Rs 5,000 can be imposed.

For the full report in the ToI, click here

This, I expect, should be seen as a welcome development. A lot of discussions on the subject has already taken place on PRAJA, which may be accessed here. Strangely again, on a subject like this, where the civil society would have had much to say, there doesn't appear to have taken place much of public consultations.

Muralidhar Rao

COMMENTS

not sure much has been achieved

murali772 - 24 September, 2013 - 07:00

The Lok Sabha recently cleared the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, a piece of legislation with the aim of securing the rights and livelihood of small vendors in the country. With the count of small vendors estimated in tens of millions, the potential significance of such a law is clearly immense from the perspective of the huge, unorganized labour sector. But with the additional layers that it adds to the country’s already overburdened bureaucracy, there is little reason to be optimistic about the impact of the legislation.

- - - Serving the immediate consumption needs of middle and lower income class Indians, street vendors undoubtedly add a tremendous amount of value to the domestic economy. But to complicate matters, the issue of street vending has also brought forth the question of management of public space, with vendors often being perceived by governments as well as the common citizenry as free-riding on cramped public space. Thus, economically speaking, the task in the hands of local authorities is the management of a vital public good by balancing out economic efficiency against other pressing ends of public welfare.

Towards this end, the best idea coming from the minds of the architects of the current Bill is the building of an overarching bureaucratic apparatus. But as with bureaucratic restrictions of many kinds, the perverse incentives driving public authorities is likely to lead them to exploit citizens, poor vendors in this case, by erecting insurmountable rent-seeking barriers. The current legislation, thus, could further undermine the rights of small vendors instead of uplifting their status—which remains the Bill’s stated goal.

Also, the unintended consequences of the current legislation could be substantial as restrictions imposed by vending committees could stall the functioning of vibrant local markets that mainly serve the needs of poor households cut off from more expensive outlets in the supply chain. The way forward is to dedicate efforts towards minimizing the level of bureaucracy strangling activity at the local levels of the economy, while allowing local communities to deal with the constraints of space that accompany commerce by balancing the interests of various stakeholders.

For the full report in Livemint, click here.

I am not sure much has been achieved through the bill other than adding to the already long list of the government's vote claiming propaganda material, led by The Food Security Bill (check here for more on that). But, of course, a progressive government can use the law in positive ways too - will have to see how it evolves in future

perhaps time the local community took charge

murali772 - 28 January, 2015 - 08:03

Recorded below are the relevant part of recent exchanges in SaveKoramangala YahooGroup, following eviction of vendors from the Lakshmi Devi park area by the BBMP. I have highlighted the comments I found significant and note-worthy, addressing of which could perhaps help arrive at solutions to the issues involved.
 
RS: The vendors in front of the lakshmi devi park have been thrown out again.. ..let us see our concern in action  in trying to get them back their livelyhoods.. 
 
NS: I think that 6th Block wanted the hawkers out ? Need to find out.
 
There is always the other side of a problem - the Nimby (Not in my Backyard ) mindset. A public toilet is a good idea except when it's right outside our house ! So I am entirely able to sympathize and empathize with those residents who wanted the hawkers out. 
 
It's not a simple matter of Vendors-  good - those who want to throw them out - bad. 
 
And it is not for us to take leadership here. 6th block must decide. If they want them out let's help the vendors relocate. Or a win win solution may be possible where the concerns of all are addressed. 
 
VM: Yes. The vendor issue has been made too simplified, that vacating vendors is bad and those wanting to vacate them are elitist.
 
However it must be also said that vacating vendors, ie street vendors, is against law and supreme court judgment. The supreme court ruling is simple enough, no vacation till street vendors commission/commitee in place, survey is done,alternative area found for them and then street vending act implemented.
 
But here are the ponderables.
 
  • Those fighting for street vendors rights are not really putting pressure to implement supreme court rulings, only using the "don't vacate till" clause. it helps street vendors to carry on during this twilight period.
  • The same  for " for vendors rights groups" are not doing anything internally within the street vendors community, to educate new vendors to abide by the street vending bill. This prohibits vending in some areas,residential streets being one of them. So in this twilight period the problem multiplies with every day new vendors coming into what would be against the spirit of the bill.
 
And yes,these are issues best handled at the third tier of government..the municipality, the ward commitees, local citizenry, etc. But we know that is missing. Therein lies the crux
 
RS: the reason I brought it up is below . the park frontage is not  what is the description.” This prohibits vending in some areas, residential streets being one of them.”
 
VM: Yes agree. if the 6 th block eviction has been from areas which is envisaged by the street vendors bill as OK for street vending, then there is a double issue.
 
However, the point we want to make is that it still should be a local decision of where in the geography street. Ending should be permitted. The bill envisages deciding areas earmarked for vending. it does not mean that vending can happen everywhere else than what is prohibited.
 
NS: The presence of vendors with street food there certainly adds to the vibrancy of the area. In recent times though there has been an over crowding there and I wonder whether there should be some minimum separation distance between 2 food carts. Also would like to see what are the waste disposal arrangements. I see many customers throw cups on the road side. If arrangements are well designed the community can work out a win win arrangement with vendors.
 
VM: Exactly. It is a local community which has to work this out. It's not for self styled spokespersons of vendors at large or some central/state authority. The days of local management of civic issues is not that far away, especially if we keep pegging at it.
 
Meanwhile, the following are the record notes of the proceedings in PIL - WP 13731 (for the full text, click here):
 
The BBMP chief starts the by now familiar tactic of pointing to obstructions created by street vendors and how his hands are now tied because of the new Street Vendors Act 2014 passed by the supreme court. The BENCH then goes through a 10-minute tutorial on this for his benefit (Have you read the act? What provisions have you made for hawkers? Have you declared any norms for the city to accommodate street vendors?  etc.)  Once again the Chief of BBMP tries to disown any responsibility by saying that the state government needs to act. After telling the chief that he should, like a literate person he is, read the act in its entirety and start acting on it. And then this nugget from BENCH – “The law (Street Vendor Act) is NOT coming in the way of maintaining footpaths”!
 
Essentially, BBMP is too lazy to formulate the rules based on the overall guidelines given in the Act, and, the "saviours" of the Street Vendors are happy with the status quo, and not in finding solutions to the issues involved.
 
Quite as stated, the onus lies largely on the local community, and it's perhaps time they took charge. 
 
 

road-side cooking banned by Delhi AAP govt

murali772 - 19 October, 2015 - 13:31

There is bad news for all street food lovers in the capital as Delhi government's notification for vendors has banned cooking on the roadside. Vendors' associations are planning to meet chief minister Arvind Kejriwal on Saturday to register their protest against the scheme for implementation of the Street Vendors Act, 2014.

The policy decision not only imposes a blanket ban on cooking but also has many stringent measures, which vendors claim could lead to more harassment for them.

The new scheme was notified on October 13 and civic agencies will have to implement it at the earliest, say government sources. - - - Ban on roadside cooking or in the open will have to be imposed as it is according to a Supreme Court order. We thoroughly studied the law before notifying the scheme," said a senior government official.

- - - - The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, mandates that state governments frame a scheme for its implementation by municipal corporations under the direction of town vending committees.

- - - - As per the new scheme, vendors can't cook, can work only from sunrise to sunset, can't leave their goods at the vending site, no electricity and water connection will be provided, they can't make noise to grab customers' attention, they have to ensure that customers don't park their vehicles in front of their stalls, etc.

To ensure that there is no traffic problem due to vendors, the government has laid down stringent measures with fines ranging from Rs 250 to Rs 2,000 per day.

For the full text of the report (emphasis added by me) in the ToI, click here

One would have thought the vendors form a major vote bank of the AAP, and as such, the government (formed of the party) making such a move, can certainly be viewed as bold. One can say that they had no option considering the directive by the Supreme court. But, aren't we seeing enough cases of governments just not bothering with court directives? In that respect, this is certainly a refreshing approach, and the AAP government needs to be commended for it. Of course, one needs to see if they will carry it through, or succumb to all kinds of pressures that are invariably going to come on.

The report doesn't talk of forming of vendors zones, etc, as required under the Act. One hopes they have been provided - after all, there's the question of livelihoods too.

http://www.deccanherald.com/c

MaheshK - 5 January, 2012 - 01:05

http://www.deccanherald.com/content/216567/panel-scrutinise-draft-law-street.html

 

Deccan Herald has a different version on this issue. I dont think its a law yet. It has been referred to a sub-committee. I dont believe what TOI says. T sometimes stands for Tabloid. Assuming the law passes, who will monitor the vendors? Police or the BBM? Will the vendors stay in the specific place? Only time will tell.

apparently, ToI has erred

murali772 - 5 January, 2012 - 10:51

Ok - so, it's only a draft law after all, and the cabinet was appoiniting a sub-committee to look into it, unlike what's stated in the ToI report. Obviously, the ToI reporter has erred. Thanks Mahesh for pointing that out.

And yes, it's a contentious issue - to begin with, the definition of "legitimate street vendors" itself - and, will call for deep deliberations with all the stakeholders involved to arrive at some kind of a consensus. All the same, it needs to be pursued, and quite urgently too.

Vending Zones

tvidya - 5 January, 2012 - 12:35

I have been after covered food   courts at   street corners for a long  so that they are not a nusense to pedestrians nor unhiegenic. Step taken by the Govt is better than what it is now . At present the streets and footpaths are vending area for every Tom , Dick and Harry  . They need to be regulated so that Streets  and footpaths and open places are not used as Natioanal business  areas.

Fortunately, after several years struggle,  V at HMT layout, R.T. Nagar have been successful in ensuring footpaths  free from vendors  . Thanks to a particular Police Officer 

T.Vidyadhar      

Street vending - A can of worms

Naveen - 6 January, 2012 - 00:35

Policies & bills & laws are one thing, proper & just enforcement quite another - & this is even more true in the case of street vending as it is with traffic regulation.

The story so far has been one of collection of daily /weekly or monthly 'mamools' by constables decade after decade. The real challenge would be to figure out a way to minimize, if not eliminate such bribes.

As is clear from Vidyadhar's example above, good enforcement can result in objectives even in the absence of laws, but laws without proper enforcement will just remain on paper.

Novel idea?

murali772 - 2 February, 2012 - 13:21

Traffic police chief Saleem said the fatwa will help the police and the BBMP in evicting hawkers from roads and pavements at Shivajinagar. “A fatwa is a rule which Muslims take very seriously. Ahmed's efforts are laudable. I have a copy of the fatwa with me and whenever hawkers would come to me complaining against eviction, I will show it and silence them,” he told BM.

For the full report in the Bangalore Mirror, click here.

Only a Mr Saleem can get away doing this, I guess.

Likewise, I had long back suggested that "If any one can do anything about this menace (encroachment by temples), it is the BJP government. The Chief Minister needs to show statesmanship here, make the statement that he will not allow religion to be misused in this fashion, and have all the temples removed/ shifted, where required say over one grand city-wide "Satyanarayana Pooja". Once he sets an example with the temples, it will not be difficult to convince the other religious leaders to follow suit" - check this.

Now that Mr Saleem has taken the lead, perhaps the BJP ministers should take bold to follow the example and have all the temples re-located, if required through a fatwa from RSS.

Vendors on footpath

tvidya - 3 February, 2012 - 12:50

Flg copy of mails is self explanatory reg misuse of footpath 

T.Vidyadhar

 Dear Dr M A. Saleem

Additional Commissioner Of Police, Traffic, Bangalore

Dear Sir,

I thank you for the courtesy extended to me during my visit on 30th February, 2012to discuss and submit the following SAVINGRAM on misuse of footpath and consequent traffic hazard

Meanwhile I was surprised to observe this afternoon unloading of one more lorry load of Water melon on the foot path though DCP Traffic told me earlier that he will allow the continuation of sale of Water melon till the present load is completed on a humanitarian ground. Most misuse such humanitarian steps and go on doing what they want and citizens become mere spectators under such circumstances.

I request you to advice the concerned to prevent traffic hassles and the nusense to residents around by ensuring footpaths, free from such misuse thus avoiding traffic hazards

I am contacting you only after I failed to contact the Officers concerned.

Thanking you

Rgrds

T.Vidyadhar

Savingram is reproduced below for your kind info 

 

   FROM FORWARD FEDERATION OF RWA’S OF HEBBAL CONSTITUENCY and V.V.Nagar Welfare Assn , HMT Layout , R.T.Nagar          

                              SAVINGRAM

 

----------------------------------------------------------------------------------------------------------------------------------

FOR POLICE COMMISSIONER (TRAFFIC). FIRST OF ALL WE WISH TO THANK U AND OTHERS FOR CLEARING VENDORS FROM FOOTPATH ADJACENT TO GROUND ON 80FT ROAD AT HMT LAYOUT, R.T NAGAR ( ALMOST 3 TO 4 MONTHS BACK) .HOWEVER A LORRY LOAD OF WATER MELON WAS UNLOADED AT FOOTPATH ON THE SOUTH SIDE OF GROUND ON 12TH JAN., 2012. THIS WAS BROUGHT TO THE NOTICE OF TRAFFIC POLICE (WHILE IT WAS GETTING UNLOADED). LATER WE BROUGHT THIS TO THE NOTICE OF TRAFFIC INSPECTOR AND DCP (TRAFFIC). SHOCKINGLY WATER MELON SALES CONTINUES, INCLUDING LOOSE SALE, INCONVENIENCING THE TRAFFIC AND PEDESTRIAN MOVEMENT AROUND THE CORNER.

WITH GREAT DIFFICULTY THE FOOTPATH WAS CLEARED BY POLICE AND IF THIS SALEIS ALLOWED TO CONTINUE OTHERS WILL START ONE BY ONE AND IT WILL BE SOON BACK TO THE MESSY ROAD AND FOOTPATH.

WE REQUEST YOU TO ARRANGE TO STOP THIS GROWING MENACE.

REGARDS

 

T.VIDYADHAR                                               A.T.KRISHNAMURTHY

PRESIDENT                                                      PRESIDENT  

                                                                               

 

Proposal to ban video cameras of media in Assembly

tvidya - 17 February, 2012 - 12:38

Watch dogs ( video cameras) are the eyes and ears of voters

Suddenly there is a move to ban video cameras in Karnataka Assembly/council. It is like dismissing the security men for having found the culprits. The country is maturing into transparency through media and RTI (in fact there should be total disclosure of governance matters, not only provide information when it is sought) etc. Hence it is unwise to prevent watch dogs ( video cameras of media ) inside Assembly. These watch dogs are the eyes and ears of voters to see who is really performing in Assembly instead of sleeping, chit chatting, texting, walking out with flimsy grounds and viewing sex videos. In fact in Industry, Security men will be awarded if they find out culprits. In the light of the above Government should not ban video cameras inside Assembly.

T.Vidyadhar

Bangalore

Gangotri to Hooghly

tvidya - 17 February, 2012 - 13:17

 

Former CM claims to build BJP in Karnataka  forgetting the image built by value based personalities like late Dr Acharya  though he was like Dr Manamohan Singh  "see no evil, hear no evil " Yeddyurappa's claim of building BJP by numbers are like politicians bringing lorry loads of people for a Party function with  " care a damn"  attitude on value addition . So classy leaders of elsewhere Sangh Parivar are surrounded by rich (by fast track, illegal mode), criminals, land sharks etc.  . Most did not join BJP for its values but for the accessibility for getting tickets for contesting for Corporations, Assembly, Parliament since Congress has many in the queue for each position. In fact Congress was pure like Gangotri before Independence, but polluted over the years and it is now Hoogly river, (ganga carries and collects junk through out its journey from Gangotri ). But it took 65 years to be in such polluted condition, whereas it took only 3 years for BJP in Karnataka to be in the current  status.. Hope Lokapal, Lokayuktas, RTI, media and awakened citizens will cleanse up the system like cleaning Ganga.

T.Vidyadhar

Ahmedabad to legalize roadside vending

murali772 - 21 March, 2012 - 07:14

Lakhs of street vendors in Ahmedabad can now breathe easy and do their business legally without paying bribes to policemen and AMC officials for operating in an area. After the high court's intervention the Ahmedabad Municipal Corporation (AMC) is all set to legalize street vending activities in the city. For this, the civic body has formed a town vending committee for the first time. - - - - An 18-point agenda included in the Street Vendors Scheme, 2010, will be enforced by the committee in the city. The committee will divide the city into three major zones marked green, amber and red. The green zone will be areas where licensed hawkers and vendors can operate. Red zone will be busy areas where vendors will be restricted. The amber zone will see vendors doing business for fixed hours.

For the full report in the ToI, click here.

Good going - governance is actually happening in at least one city in the country

It seems like Ahmedabad is

rs - 22 March, 2012 - 12:13

It seems like Ahmedabad is perhaps developing as a progressive city - in spite of - or because of Modi -I suppose while he may be many things he is perhaps not corrupt like Namma BJP - and realizes, being a businessman - that a well developed city is much more important for the economy than the short term gains of land grabbing. I came across this article - though somehow the article seems to portray it as a bad thing.

http://www.dnaindia.com/india/report_be-ready-to-walk-down-town-in-ahmedabad_1665872

looks the right way

murali772 - 23 March, 2012 - 05:40

Thanks rs for bringing that to light.

Finally, one city appears to be putting the JNNURM funds to the right kind of uses, as compared to what the mafia chieftains here are upto (check here)

Exploitation of national resources/citizens

tvidya - 23 March, 2012 - 07:35

Talk of the town is water problem, Rain water harvesting (RWH) and preserving the depleting water bed is the need. But there is a group exploiting the situation and making money from the scarce resource. While Authorities are insisting on RWH, they seem to be unconcerned about the bore well Companies charging indiscriminately. Since water is a National resource like mines this should be regulated such that consumers are charged only the cost of maintenance of bore well, the cost of transportation and reasonable profit. Presently they charge exorbitantly. Hope authorities take steps to regulate and eliminate exploitation of public.

T.Vidyadhar

   

Vending zones

rs - 25 March, 2012 - 07:36

There is a serious need for vending zones. Yesterday I went for a walk in Malleswaram - Sampige Road. Its almost impossible to walk there - why ? If the footpath is good it is occupied by hawkers selling their stuff - cheap jewelry/cellphone cases/underwear/scarves etc. - and by people buying/browsing the stuff. And the shopkeepers encroach on the footpath by displaying all their wares there. In other places the footpath is unwalkable or two wheelers are parked on it.

There is a simple solution. Close 8th Main to traffic and let the vendors sell their stuff there. Also one can use parts of East Park/West Park Roads close to 8th Main. Those roads are chaotic to drive on in any case. For the few residents of those places, some arrangements can be made - with no through traffic. Also, delivery trucks can be allowed before 10 am and after 10 pm.

http://maps.google.co.in/maps/ms?msid=208259239265073857899.0004bc0c3a08953e66574&msa=0&ll=13.000418,77.570193&spn=0.005927,0.009087

It done in any case during dusshera without any ill effects. In fact, it would create a festive atmosphere all through the year.

Ramesh

 

 

 

GoI Street Vendors Act, 2014

murali772 - 29 July, 2014 - 10:47

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, published by the Ministry of Law & Justice, GoI, is added today as an attachment to the original post.
 

the Kolkata mess

murali772 - 16 March, 2015 - 13:34

The two sets of hawkers — old and new — are distinctly identifiable on Burtram Street and Humayun Place. While the old set had settled along the footpath and against the market wall, the new ones plonked themselves right on the road. The Kolkata Municipal Corporation (KMC) board anointed them as 'mobile hawkers', when in reality they are anything but, encroaching upon half of Bertram Street and Humayun Place and occupying parking lots.
 
"We want mobile hawkers to go. They are loud and misbehave with customers. We cannot say anything because they have greater numbers and are backed by musclemen," Singh said, adding that the problem could be solved if civic officials and police carried out anti-encroachment drives intermittently.
 
Though hawkers have been around since fire ravaged a part of New Market in 1985, the fine balance was lost after the Trinamool Congress-led board at  KMC instructed the administration to lay off against fresh encroachment. Every inch of the pavement and chunks of streets got occupied in no time.
 
At the KMC headquarters, the political bosses seemed unmoved by the storm brewing at the doorstep. Mayor Sovan Chatterjee and MMiC (markets) Tarak Singh did not even to call traders to a meeting.
 
"It is unfortunate that the government does not consider it worthwhile to discuss the hawker problem... No trader organization has been called for the CM's meeting with hawkers on Friday. The Joint Traders' Federation strike can ignite a spark that will travel like wildfire," asked Federation of Traders' Organizations joint secretary Tarak Nath Singh.
 
Federation of West Bengal Trade Associations also joined forces with them. Its license committee chairman Ram Lagan Mishra pointed out that the 70-lakh strong trader community formed a formidable vote bank that the government was ignoring at its own peril.
 
For the full text of the report in the Kolkata edition of ToI, click here.
 
This is what happens when the "right to livelihood" argument gets stretched beyond all limits to where it begins to impinge on the rights of the traders, who carry the burden of paying all kinds of taxes, apart from impinging on the rights of pedestrians for safe and unhindered passage. We need to guard against this happening in Bengaluru
 

BBMP has not got the idea of hawkers' zone right

murali772 - 20 April, 2016 - 09:55

The high court on Monday said footpaths should be clear of encroachments for the benefit of pedestrians; they cannot be utilized as godowns by hawkers putting up temporary/permanent structures.

Disposing of a PIL, a division bench wondered how BBMP could grant a portion of the footpath on 17th Main, Rajajinagar III Block, to hawkers to put up shanty-like constructions for shops. "We fail to understand the Palike's generosity...," the bench observed, reacting to the civic agency allowing hawkers to occupy four feet of the footpath for their shops.

The bench noted that a hawker does business by moving/travelling and cannot be permitted to put up permanent/temporary constructions on footpaths.

Earlier, BBMP counsel informed the court that the area mentioned in the petition had been declared a hawkers' zone. If four feet of the footpath had been occupied by hawkers, pedestrians could still use the rest of it -- 16 feet, he said.

For the full text of the report (emphasis added by me) in the ToI, click here.

Apparently, the court does not quite agree with BBMP's idea of a "hawkers' zone". The BBMP obviously needs to re-work it.

I expect this ruling should have an impact on constructions/ obstructions such as this, this, as also the ones included in this album. And, this judgement of Justice Gopala Gowda, should help get the powers that be moving on these too.

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