hawkers received by the NGO Council
28 Apr 06
(Please give your comments
at the earliest.)
Aarey / Sarita stalls are not in
the same category as street vendors or hawkers as they are
sanctioned by the Govt. (maybe Dairy Devp. Board); the point of
similarity is of occupying the footpath / road space, hence rules
regarding these need to be put specified in the
sanctioning mechanism of such stalls / booths and not in
hawker discussion. The same applies for Mafco stalls, PCO booths,
Jai Jawan Stalls, etc.
Mechanisms to control the size
restriction need to be specified beyond the 1m X 1m pitch size, else
BMC will not only have to check for unauthorised stalls, but also if
specified size is being followed. One possibility is to have
specified / designed stalls – this ensures that size is followed,
and also allows easy checking of legal and illegal stalls, while
further creating a uniform and uncluttered appearance on the street.
(Examples of such stalls that have been introduced are for the Juhu
Hawkers, Girgaum Chowpatty hawkers, etc.)
permitted to be carried out on only one side of any road and
footpath, subject to the following:
The road width must not be less than 8 m.
The footpath width must not be less than 1.5 m
If the road has a footpath on only one side, hawking will not be
permitted on the footpath, as this is meant for pedestrian use only.
Hawking will not be permitted on roads with no footpaths, as the
edge of the road is then meant for pedestrian use, and allowing
hawkers would then force pedestrians to walk in the carriageway,
thus compromising both their own and vehicular safety.
Hawking is permitted on only one side of a road at a time
(irrespective of whether the road is a 1-way or 2-way road, or is
with or without a divider)
Hawking will not be permitted on roads with existing parking
restrictions, such as parking on one side on odd and even days, as
this indicates that there is already a problem of congestion on the
road, and hence restrictive parking regulations are in place.
Allowing hawkers to either have pitches or stand while roving on
such roads, will further add to the congestion.
No stopping and parking of vehicles will be permitted on that side
of the road in hawking zones where hawking pitches are permitted or
roving hawkers are permitted to stand.
In the absence of pre-designed
stalls of 1 m X 1 m size, the only permitted method of display of
stalls is in baskets / boxes and on sheets, with temporary shade /
cover permitted. No tables and stands of any kind are permitted. It
is to be noted that goods permitted to be sold in hawking plazas are
of the “perishable” kind, and hence after selling, and on
completion of the permitted sale time, the hawkers are expected to
clear the pitch area of all goods, etc. and leave the same clear of
any kind of boxes, etc. Unsold goods, baskets, etc must be taken
back home by the hawker and in no circumstance will any hawker be
permitted to sleep / squat on the pitch at night.
In view of the difficulty in
enforcing the above, it is recommended that the pre-designed stall
be introduced as this permits some basic lockable storage facilities
Within no hawking zones, for the
permitted number of stalls that are allowed outside religious
institutions and hospitals, all other rules such as timings, display
methods, types of stalls, etc are applicable and are to be followed.
Within no hawking zones, licensed
roving hawkers selling convenience goods only (see list) are
permitted in residential areas, including areas with no shopping
line. These hawkers are permitted to go door to door to sell their
No pitches are permitted in no
fine will be specified for those hawkers who break this rule and
LACGs will be empowered to assist in the implementation of the
rules, by imposing fines on those who create noise, cause litter,
exceed timings specified, etc.
on the street not permitted
In the interests of safety and hygiene, cooking of food is prohibited on
public streets and footpaths. Hence those hawkers cooking and
selling food items (as listed) are recommended to integrate
themselves with shops, establishments, co-operative societies, etc.
where possible, while following all other relevant rules and laws
No licenses, either in hawking plazas or roving licenses will be given for
cooking and selling food.
Food vendors to integrate
themselves with existing shops – in several places chaat stalls
are integrated with mithai shops, and snacks / farsan / vadapav
stalls are integrated with several milk dairies already. Similarly
Frankie / roll and dosa stalls that require cooking or Chinese food
stalls to integrate with existing establishments – and share
profits as required. Another
example of street food becoming integrated with the formal shops are
the Jumbo Vada Pav kiosks at most suburban railway stations that
offer comparative low costs, thus showing that such models are
If any residential bldg or
institution wishes to integrate a food vendor into their premises,
this may be permitted, provided all other laws such as zoning and DC
Rules are not violated. Commercial Terms with hawker can be fixed
between bldg and hawker, provided BMC is paid its licence fees by
Allowing a parallel set of food stalls / hawkers that provide
cheaper options because of their low overheads is further
encouraging them to stay on the streets and against legitimate
eateries such as udipis and lunch homes. It is a well known fact
that the profit margins / turnover for food vending stalls is the
highest and by permitting them space on their street, there is
little incentive for them to ever become legitimate.
Within the timings specified by the Court, LACGs may determine further
specifications / restrictions on timings for hawkers.
The timings specified are only for the sale of goods / services permitted
and not for carrying out any other support functions such as
chopping of vegetables, or repair of goods, or packaging of
materials, or washing of utensils, etc. All such ancillary functions
are to be conducted before or after the permitted hawking time, and
off the streets and pavements.
Paid to BMC:
Hawking will be permitted to license holders on the basis of payment of a
prescribed fee to be fixed by BMC.
No fees / pautis will be collected from unlicensed hawkers who will not be
permitted to carry out their trade in any circumstances.
The fees to be charged will be based on the types of goods being sold:
following categories are specified:
Fees for pitches (convenience goods only) Rs.
50 / day
for roving hawkers: a) Food items: Rs.10/ day
b) Non-food items: Rs.20 / day
Such fees will be collected in advance for an entire month, and are
payable not later than the 5th of every month
Hawkers to cooperate with BMC in
ensuring cleanliness of the hawking zones.
Each hawker to have a basket to
collect waste and to follow Rules as specified in the BMC Solid
Waste Rules 2006.
The Hawkers Cooperative Society at
the Ward level be held responsible and penalised for any breach of
Non-cooperation with any Government
authority, including police, or MTNL for laying cables, etc. will be
of road, D.C Rules, zoning, etc:
No hawking is permitted (including
roving) in any road that is less than 8 m wide.
Roving hawkers selling convenience
goods only are permitted in residential areas with no shopping line,
subject to all other rules being followed, and subject to the area
specific regulations of the LACGs of that area.
BMC shall grant licenses, which will have photos of the hawkers on them
The licenses must be displayed, at all times, by the hawkers (whether
occupying pitches, roving or in hawking plazas) on their person by
clipping it on to their shirt or coat;
The format, etc. of the photo IDs will be changed every year (as the
tenure for the license is for one year) and it will be the
responsibility of the Ward level hawkers Co-operative to collect and
return all photo-IDs at the end of one year.
family member only
Licenses will be given to only one
member of a family, fulfilling all the criteria as specified for
licenses (see point 13)
These licenses are not transferable
and are valid only for the person to whom it is allotted.
Any one other family member may be
permitted to assist in setting up and packing the goods, or running
it temporarily in case of emergency, and this second person’s name
and photograph will also be displayed on the photo ID.
At no time will more than one
person be allowed to stand and sell at the pitch, or allowed to
of Goods Permitted:
public streets and pavements are to be used by hawkers for their
trade, this is then only for the sale of convenience goods. The
Court states that :
“Vending of costly items
such as electrical appliance, video and audiotapes was not to be
allowed. It was observed that ordinarily hawkers are only supposed
to deal with articles of immediate requirement and/or `convenience
“the small trader on the sidewalks can considerably add to the
comfort and convenience of general public, by making available
ordinary articles of everyday use for a comparatively lesser
Based on the above, the following categories are recommended for goods
that are sold by hawkers:
A) – convenience goods that will be permitted in hawking zones –
these are all items or services that are required on daily basis, by
people, on their way to and from their home and workplace.
B) – Other goods – that will be permitted to be sold by roving
hawkers and in hawking plazas – these are all items or services
that are used by people, frequently, but not on an urgent basis;
therefore, either the customer may go to the hawking plaza to avail
of the goods / services as desired, or the hawker may roam from
street to street to offer the same.
C) Food items that require cooking: In the interests of safety and
hygiene, cooking of food is prohibited on public streets and
footpaths. Hence those hawkers cooking and selling food items (as
listed) are recommended to integrate themselves with shops,
establishments, co-operative societies, etc. where possible, while
following all other relevant rules applicable. No licenses, either
in hawking plazas or roving licenses will be given for cooking and
D) Prohibited Goods: These goods are banned from being sold anywhere
on the streets, pavements, hawking plazas, etc. as they do not fit
into the category of “convenience” goods, or “essential and
cheap goods/ services” that is the basic requirement for allowing
showing types of permitted and prohibited goods:
Food items that require cooking (if pre-cooked then go into
(sells bread, eggs, biscuits, etc.)
/ chaat items / chana
(veg / non-veg)
/ cold drinks / golas / lassi
/ bag repair
items (belts, wallets, bags)
/ ear cleaner
equipment / toys / balloons
/ masons / carpenters
walas (paper, etc. recyclers)
or pre-cooked food / snacks / sweets / candy floss, etc.
/ rice / pulao
cassettes / CDs, etc (piracy laws)
goods (grey market)
vendors (under slaughter house laws)
crackers (fire safety laws – must be in designated and
regulated areas only)
Private transport booking stalls:
will not be permitted on the pavements or public streets – and
neither will this trade or business be feasible in the “roving”
category of hawking. It is recommended that such stalls integrate
themselves within the premises of existing shops and establishments
in the locality that they operate in, as is the case for similar
transport booking stalls in Pune city, near the railway station.
goods (shoes, clothes, handbags, etc.), etc. not to be permitted in
hawking zones, despite the fact that they provide “cheap”
alternatives to people, as hawkers are not paying any of the
property prices, taxes or overheads that shopkeepers do, who are
selling the same goods. Also this encourages the grey market and is
thus a loss to the economy.
Different types of license will be
issued depending on the type of goods sold, and where they are sold,
ie whether in hawking zones, roving hawkers or in hawking plazas
Following types of different
licenses are to be issued based on the guidelines:
License to hawk “convenience goods” in a hawking zone
License to hawk convenience goods as a roving hawker (i.e permitted
to rove in no hawking zones as well)
License to hawk other specified good as a roving hawker
those prohibited under any other laws such as Piracy, FDA, Health,
etc) such as readymade items, household items, etc and in hawking
plazas, and weekly markets in designated spots.
Each of the above will require
separate guidelines on the licensing procedure, tenure of licence,
license offers permanent tenure of any kind and is limited to the
period of the license.
Committing of any breach such as
hawking banned items, or hawking in a non-hawking zone or occupying
more space than permitted will attract a fine, and the Hawkers
Cooperative at the Ward level will also be held accountable.
all cases, there will be a permanent cap / fixed upper limit on the
number of licenses to be allowed for each area / ward, recognising
that each area has a limited carrying capacity and the amount of
space available including roads and footpaths is fixed, despite the
increasing population. This will encourage more hawkers to
legitimately integrate themselves within the community.
Numbers to be decided by
LACGs. (for restriction on numbers and capping, refer point ……)
Eligibility criteria for licenses:
All applicants must be domiciled in Mumbai
Preference will be given to women over 50 years of age, and men over
60 years of age
Preference will be given to handicapped persons
Preference will be given to the original (15000) licensed hawkers
Those who apply for hawking licences of any kind (in hawking zones,
as roving hawkers, or in hawking plazas) must be domiciled in
Mumbai, have an existing license, or have pautis of daily licensed
fees paid to BMC (prior to the scheme being discontinued in……).
This means that able bodied persons who have entered the hawking
profession after ……., and who are not domiciled in Mumbai are
in-eligible to apply for hawking licences.
process involving all stakeholders:
the effective implementation of the SC guidelines and the further
procedures that need to be specified, it is recommended that the
following 2-tier system be adopted for the city:
Setting up of a City Level Vending
Committee (Outlining procedures and guidelines). This committee will
(urban planner, NGOs, etc.)
/ Citizen Groups
owners / Restaurant Owners Association Representatives
Representative (Mayor, Deputy Mayor, or Standing Committee
The Responsibilities of this
Committee will be:
Framing guidelines for planning and management of Hawkers at the
Overall design and overseeing of implementation
To frame Rules for management of street vendors
Suggesting remedies for unlawful activities
Setting up of Ward Level Committees
– 1 in each of the 24 Admin wards (for Implementation and
Monitoring). These Committees will consist of:
BMC – Ward Officer and Officers
from Licence and Encroachment Depts.
Traffic Police (Q:
traffic police or any other kind?)
LACGs / Citizen groups
Representatives from local NGOs
Hawkers Unions / Cooperatives –
representing the Ward
Shops Owners / Hotel Owners
Invitees / Experts
Responsibilities of this Committee will be:
Conducting a survey / mapping of hawkers in each ward
Determining the carrying capacity for hawkers in each ward, and
limiting the number of roving licenses
framing of area specific proposals for integration of hawkers, in
consultation with all stake-holders
Selection of types of goods permitted to be hawked, and areas where
these are permitted (within the existing guidelines and following
the hawking and non-hawking zones, timings, etc.)
Overseeing of implementation of schemes / rules in the Ward
Monitoring the implementation and suggesting changes as required
Role of the Hawkers Unions /
On selection of the number and type of hawkers permitted in each
ward (both for hawking zones and roving), and on completion of the
allotment and licensing procedure, all the hawkers of a particular
ward must form themselves into a co-operative society, that is
represented at the Ward Committee.
This Hawkers Co-operative Society will be responsible to ensure that
its members follow all Rules laid down by the Supreme Court, the
City Vending Committee, and the Ward Vending Committee (and all
other relevant laws of the land) while undertaking their business.
Failure to do so will result in not only the individual hawker being
fined but also in the fining of the hawkers cooperative society.
LACGs will be empowered to assist in the implementation of the
rules, by imposing fines on those hawkers who break the rules such
as those who create noise, cause litter, exceed timings specified,
Community to assist in enforcing and implementation:
to be suitably authorised and empowered.
effect of this scheme:
be implemented immediately along with help of LACGs.
of Hawking and no hawking zones:
Hawking and non-hawking zones to be
specified after considering each area on a case-wise basis (as has
been done by the 3-member committees)
Hawking plazas and weekly bazaars
are a necessary mechanism of accommodating a larger number of
hawkers, off the streets and footpaths.
3 member committee: (Monitoring Committee)
ongoing committee also needed which will review every quarter the
representations received, and this will be the City Vending
Committee (members and roles specified in….)
to pay for the Committee:
to facilitate the effecting functioning of both the City level
Vending Committee as well as the Ward level Committees by providing
space for meetings, paying honorarium to members of the committee
(from licence fees and fines collected), etc. in order that the
Committees function on a sustained basis in a smooth manner.
Roving hawkers to have 2 types of
license: those selling convenience good, and those selling other
IDs to be displayed at all times
hawkers selling convenience goods allowed in residential areas,
subject to the clearance of the concerned LACGs.
is recommended that roving hawkers be restricted to moving within a
particular ward only, and further the number of roving hawkers to be
capped for each ward.
to have important role and empowerment.
is recommended that handcarts of a specified size and design be
permitted for use by roving hawkers as they are a feasible method of
hawking as it is mobile (goods can be stored at home, and picked up
from market as required), non-polluting, allows the hawker to go
from door-to-door, while not having to physically lift the heavy
weight. Further it is the most versatile mode of hawking as it
permits fruits, vegetables, crockery, plants, toys, clothes, etc. to
be displayed and sold easily.
LACGs to determine and specify the
locations where roving hawkers are permitted to temporarily stand
for sale of goods.
Existing licensed cobblers in no hawking zones are permitted to continue;
however these may be re-located in consolation with the concerned
Lottery based system and waiting
list suggested for allotment of pitches and licenses, both of which
have a cap on numbers.
hawking zones, the local area citizen groups to participate in
allotment of pitches – preference given to those hawkers who have
served the community for several years (based on proven
documentation) , and whom the locals know and trust
additional guidelines at the moment)
of maximum numbers of hawkers permitted in each Ward:
order to achieve success of the solution suggested, the numbers of
hawkers needs to be known and controlled, else the system will soon
fail. Further the long term goal is that these persons do not
continue to remain hawkers, and hence through education, capacity
building, micro-finance and co-operatives, it is hoped that hawkers
will gradually leave this informal sector and take on other more
secure means of livelihood.
Increase in the number of licenses
can be considered in areas that are being newly developed / planned,
such as new suburbs, new railway stations, new bus depots, etc.
Numbers to be decided by LACGs.
It is necessary to restrict the
maximum numbers of hawkers permitted because otherwise in a few
years time, the schemes that have been framed for hawkers today will
fall short for all the new hawkers who come up, and they will also
demand the same rights and facilities that have been granted to the
earlier ones. This is a necessary step which ties in to the larger
picture of controlling influx of people into cities and the sharing
/ allocation of limited resources between all.
the success of the implementation of any scheme is directly linked
to the enforcing agency’s capacity, in this case the BMC. Ensuring
a cap on numbers means that BMC will be able to gear up to enforce
as required, rather that the existing situation, where by the time
the BMC gears up its infrastructure, the numbers have increased, and
The number of hawkers permitted in
hawking zones has been fixed at approx. 22000 hawkers.
It is recommended that the number
of roving hawkers be fixed at not more than 100 per Councillor Ward,
ie. 100 hawkers per population of 60,000 persons, ie 1 per 600
population, hence total number of roving hawkers permitted will be
227 X 100 = 22,700.
All existing rules and guidelines
for hawking and no-hawking zones will be applicable – such as
“C” ward being a no-hawking zone, no hawking on roads less than
8 m width, etc/
Within the overall guidelines and
the restriction on number, further guidelines such as type of goods
permitted, timings, specific area where permitted, etc will be
determined by the Local Ward Committees./ LACGs.
In case number of hawkers eligible
to apply exceeds the number of licenses permitted, then system of
lottery will be used to allot licenses.
5% reduction in number every
year.(think of how to do)
– municipal bye-laws – markets and hawking plazas
term planning is essential – in all new areas / developing
suburbs, provisions for hawking zones to be made.
plots reserved as markets to be developed by BMC as markets or where
markets are already available, as hawking plazas.
norms to include provisions of 10 hawkers per -------- population
just as the same norms exist for shops, etc.
space available is limited, sharing of space among different hawkers
on rotational basis (like poly-clinic) – to be regulated by
hawkers co-operatives themselves along with
Detailed Guidelines needed
charged for occupying pitches in such places to be higher; thus
those hawkers with higher profit margins will apply for these. BMC
to employ private contractors such as for pay-and-park to manage
these plazas and weekly bazaars.
street markets or bazaars in vacant plots to be considered on a
case-wise basis with the active co-operation and involvement of LACGs
and hawkers cooperatives.
housing complexes / colonies may also permit such bazaars to be held
(say of vegetable and fruit vendors only) within their premises if
desired by them
and facilitation to hawkers
long term goal of hawkers unions as well as of the Government and
civil society is to eventually enable hawkers to a more secure and
sustainable means of other
livelihood, and hence training and capacity building is essential.
etc will be available to recognised and legitimate groups and trade
unions, who uphold the law, while also protecting the interests of