Women vendors seen in Kohima town. (Morung Photo by Atono Tsükrü)
Atono Tsükrü
Kohima | July 7
As street vending becomes a major form of income for women in Nagaland, it has become important to understand what the field is, what rights the street vendors have and the laws that enable them to carve a successful work atmosphere.
What is street vending?
As defined by the National Association of Street Vendors of India (NASVI), a street vendor is a person who offers goods or services for sale to the public without having a permanently built structure but with a temporary static structure or mobile stall (or head-load).
There seem to be a contention between the government and its agencies and the vendors. While the former, considering them as nuisance is disputing to find a designated and demarcated place wherever possible, the latter wants to vend at strategic locations where the sales are good.
Nevertheless, that seem to be a farfetched vision, given the reality that the government is looking for a ‘free land’ when most of the land are private owned. As State Mission Director and Secretary, State Urban Development Agency (SUDA) T Takatuba Aier said, all district administrations have been notified to inform of any available land free of cost that can accommodate the vendors. However, he added that it’s almost impossible to find a place free of cost and that the department doesn’t have the provision and funds to procure land.
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014
Recognizing street vending as a source of livelihood, the Supreme Court has in 2010 has directed the ministry to work out on a central legislation. Eventually, the Street Vendors Act was passed in 2014 to regulate and protect street vendors in India, at multiple levels.
However, the state cabinet could approve the Act only on February 19 this year and published it in the Nagaland Gazette on April 15.
Informing this, Aier said the Street Vendors Act will be called the Nagaland Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2019 which has been drafted as per the local specific requirements.
Subsequently, he said, survey of the vendors across the districts has been going and that district authorities have been notified to constitute Town Vending Committee and Grievances Redressal Committee.
Key salient features of the Act
The Act provide for the regulation of street vending and the licensing of the street vendors. The statute directs the TVC to conduct surveys within the area under their jurisdiction for the identification of all the street vendors.
It also highlight that the street vendors have complete right to carry on the business of street vending if they possess the certificate of vending and in the limits of the prescribed vending zones.
On eviction and relocation of Street Vendors Section, the statute provides that the local authority may, on the recommendations of the TVC, declare a zone or part of it to be a non-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the State scheme.
The Act also prescribes a government redressal committee which will consider the application of the street vendor and take steps for redressal by the rules set. It also allows vendors to appeal to a local authority if preferred. The Street Vendors Act 2014 also provides for the creation of three kinds of zones – restriction free vending zone, restricted vending zone and no vending zone.
