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  Home >> Hawkers >> Gist of Supreme Court Order

  1. An area of 1 mtr x 1 mtr on one side of the footpath where ever they exist or on an extreme side of the carriageway, in such a manner that the vehicular and pedestrian traffic is not obstructed and access to shops and residences is not blocked. We further clarify that even where hawking is permitted, it can be on one side of the footpath or road and under no circumstances on both sides of the footpaths or roads. To do: We however clarify that Aarey/Sarita stalls and sugar cane vendors would require and may be permitted an area of more than 1 Mt. by 1 Mt. but not more than 2 Mt. by 1 Mt; 
  1.  Hawkers must not put up stalls or place any tables, stand or such other thing or erect any type of structure. They should also not use handcarts. However they may protect their goods from the sun, rain or wind.
  1. There should be no hawking within 100 meters from any place of worship, holy shire, educational institutions and hospitals or within 150 meters from any municipal or other markets or from any railway station. There should be no hawking on footbridges and over-bridges. Further certain areas may be required to be kept free of hawkers for security reasons. However outside places of worship hawkers can be permitted to sell items required by the devotees for offering to the deity or for placing in the place of worship e.g. flowers, sandalwood, candles, agarbattis, coconuts etc.; To specify how many hawkers, to check for hospitals
  1. The hawkers must not create any noise or play any instrument or music for attracting the public or the customers;
  1. They can only sell cooked foods, cut fruits juices and the like. We are unable to accept submission that cooking should be permitted. We direct that no cooking of any nature whatsoever shall be permitted. Even where cooked food or cut fruits or the like are sold, the food must not be adulterated or unhygienic. All municipal licensing regulations and the provisions of the Preventions of Food Adulteration Act must be complied with;
  1. Hawking must be only between 7.00 am an d10.00 pm;
  1. Hawking will be on the basis of payment of a prescribed fee to be fixed by BMC. However the payment of prescribed fee shall not to be deemed to authorize the hawker to do his business beyond prescribed hours and would confer on the hawker the right to do business at any particular place;
  1. The hawkers must extend full cooperation to the municipal conservancy staff for cleaning the streets and footpaths and also to the other municipal staff for carrying on any municipal work. They must also cooperate with the other government and public agencies such as BEST undertaking; Bombay Telephones, BSES Ltd. etc. if they require to lay any cable or any development work.
  1. No hawking would be permitted on any street, which is less than 8 meters in width. Further the hawkers also have to comply with Development Control Rules thus there can be no hawking in areas which are exclusively residential and where trading and commercial activity is prohibited. Thus hawking cannot be permitted on roads and pavements, which do not have a shopping line. To specify for temporary hawkers?
  1. BMC shall grant licenses, which will have photos of the hawkers on them. The licenses must be displayed, at all times, by the hawkers on their person by clipping it on to their shirt or coat;
  1. Not more than one member of a family must be given a licence to hawk. For this purpose BMC will have to computerize its records;
  1. Vending of costly items e.g. electrical appliances, video and audio tapes and cassettes, cameras, phones etc are to be prohibited. In the event of any hawker found to be selling such items his licence must be cancelled forthwith.
  1. In areas other than the Non-Hawking Zones, licenses must be granted to the hawkers to do their business on payment of the prescribed fee. The licenses must be for a period of 1 year. That will be without prejudice to the right of the Committee to extend the limits of the Non-Hawking Zones in the interests of public health, sanitation, safety, public convenience and the like. Hawking licenses should not be refused in the Hawking Zones except for good reasons. The discretion not to grant a hawking licence in the Hawking Zone should be exercised reasonably and in public interest.
  1. In future, before making any alteration in the scheme, the Commissioner should place the matter before the Committee who shall take a decision after considering views of all concerned including the hawkers, the Commissioner of Police and members of the public or an association representing the public.
  1. Culpabaility of enforcing officials: It is expected that citizens and shopkeepers shall participate in keeping non-hawking zones/areas free from hawkers. They shall do so by bringing to the notice of the concerned ward officer the presence of a hawker in a non-hawking zone/area. The concerned ward officer shall take immediate steps to remove such a hawker. In case the ward officer takes no action a written complaint may be filed by the citizen/shopkeeper to the Committee. The Committee shall look into the complaint and if found correct the Committee will with the help of police remove the hawker. The officer in charge of the concerned police station is directed to give prompt and immediate assistance to the Committee. In the event of the Committee finding the complaint to be correct it shall so record. On the Committee so recording an adverse remark re failure to perform his duty will be entered in the confidential record of the concerned ward officer. If more than three such entries are found in the record of an officer it would be a ground for withholding promotion. It more than 6 such entries are found in the records of an officer it shall be a ground for termination of service. For the work of attending to such complaints BMC shall pay to the Chairman a fixed honorarium of Rs. 10,000/- p.m.
  1. The scheme framed by us will have a binding effect on all concerned. Thus apart from those to whom licenses will now be issued, no other person/body will have any right to squat or carry on any hawking or other business on the roads/streets. We direct the BMC shall bring this Judgment to the notice of all Courts in which matters are now pending. We are quite sure that the concerned Court/s shall then suitably vacate/modify its injunction/stay order. 
  1. We do not approve of the principle that all major, trunk and arterial roads should automatically be excluded from hawking zones. The committee will also be entitled to examine, on receipt of a proposal whether hawking can be permitted on such roads. If without too much hindrance to vehicular and pedestrian traffic hawking can be permitted, it must be so permitted. It will be open for the BMC to set up hawking plazas. However when BMC sets up a hawking plaza the allotment of 1 Mt. x 1 Mt. pitches in those hawking plazas must be made on the above terms and conditions including no fixed site, timing from 7 a.m. to 10 p.m. etc. Even in hawking plazas the licence should not exceed one year SC guidelines for plazas
  1. Committee roles and reposnisbilities can take some payment details form here as the work of the new committees will also require extensive involvement and payment
  1. BMC has money available
  1. We clarify that the scheme framed above and the guidelines are not applicable to hawkers who do not sit in any one place but who travel from place to place carrying their wares with them. However, even such hawkers shall require to obtain a licence on payment of prescribed fees and display that licence on their shirt/coat at all times. Such hawkers will be allowed even in residential areas and areas where there are no shopping lines. They shall not sell costly items and will only vend articles of immediate requirement i.e. articles of convenience shopping. They shall not hawk within 100 meters of any place of worship, holy shrine, educational institutions or hospital or within 150 meters of any municipal or other markets or from any railway station. Costly has been mentioned twice should we put a cap on price of goods but this keeps changing?
  1. By Judgment dated 3rd May 2001 certain suggestions regarding cobblers have been accepted by the Bombay High Court. We confirm that finding of the Bombay High Court, but clarify that the existing cobblers pitches in non-hawking zones can be continues. However no further pitches can be added in non-hawking zones. What does existing mean? Licensed? 
  1. BMC shall now give wide publicity in the city of Mumbai and invite applications for allocation of licenses. Each application must state the area, where a pitch is sought and the type of items proposed to be sold. Each applicant can give a choice of not more than 3 locations indicating his 1st, 2nd, and 3rd choice. All applications will then be categorized road/street wise. If the number of applicants, for a road/street, do not exceed the number of hawkers who can be accommodated on that road/street, then licenses will be issued to them on receipt of requisite licence fee. If the number of applicants are more than the number of places available then those applications will be placed before the Committee. The Chairman of the Committee shall then allot licenses on basis of a draw of lots by him. Those who do not get a licence will be placed on a waiting list. As and when any other road/street gets declared as a Hawking Zone, lots will be drawn form the wait list and places allotted.
    SC suggestions for licence format  

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