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  Home >> Hawkers >> Draft recommendations for discussion with BMC by NGO Council regarding Policy on Hawkers in Mumbai 

 
 

   
Draft of General Recommendations by NGO Council to BMC regarding a scheme for Hawkers in Mumbai

26-05-06

(based on Supreme Court guidelines, and Reports of the three 3-member committees)  

Format:

1.      objectives (assumptions from 2nd May note)

2.      summary of main recommendations in one-liners

3.      aspects already covered by SC (implications + assumptions 2nd May)

4.      detailed recos with reasons (given below) (to include those in negative implications from 2nd May note)

5.      expected results from reco (from 2nd May note)

6.      appendix – questions / unresolved issues

7.      Table 1– list and categories of goods and services (given below)

8.      Table 2 – reasons for patronage

9.      Table 3: Methods and locations of selling

10.  appendix - other notes / comments / details (e.g. aarey / sarita stall) (from 28th Apr note)

11.  appendix – suggestions received but not considered – reasons thereof

12.  appendix – tabular comparison of SC guidelines and recommendations


1. Objectives:  

  1. The following objectives have been kept in mind while making these recommendations:

a) Reducing corruption and opportunities for bribes

b) reducing harassment of hawkers and ensuring their dignity

c) Enabling effective enforcement of rules and schemes

d) Discouraging the practice of hawking in public streets and places. Hence BMC / Govt. to make provisions for hawkers in designated spots off the streets, and the number of hawkers allowed on streets to be restricted.

      e) To prevent indiscriminate issuance of hawking licenses and malpractices

f) Issue is also one of unfairness towards those running legitimate businesses paying taxes, spending on overheads to comply with specified norms, laws, etc

g) understanding the situation, rather than the seller or customer       


 2. Summary of main recos in one line  

Basis:

- All goods allowed except prohibited ones
- Footpaths and roads are for commuting
- Numbers to be restricted based on carrying capacity of area
- Regulation to be via defined hawking and no-hawking and roving zones

 

Places, methods, ways to hawk:
- Criteria for declaring roads / places as hawking and no-hawking zones

- Hawking Zone Parameters: pitch size, display method, timings, types of goods, pollution, etc.

- No-Hawking Zone Selection Criteria

- Roving Hawkers Regulations: numbers, method of roving, timings, locations, types of goods, monitoring by LACGs

- Integration of hawkers encouraged with shops, buildings, etc.

- Hawking Plazas / Weekly Bazaars / Khau Gallis

Licence Mechanism:

- Licence Allotment procedure

- Eligibility criteria for licences for pitches and for roving

- Licence Terms and Conditions


Implementing and regulating the scheme:

- Hawkers self-regulation and cooperation
- Setting up of a City Level Hawking Committee
- Setting up of Ward Level Committees
- Councillor Ward Level Sub-Committee
- Specific Role for LACG

General Regulations:

- Display Method / Size / Timings / Type of Goods / Noise / etc.
- Cooking and Hawkers providing Food items

Long term plans by BMC:

Annexure 1: Types of goods: permitted and prohibited
 


 3. Aspects already covered in the SC  

A) Implications of the SC order:

  1. Squatting (pitches) permitted in hawking zones only.
  2. For hawking zones, further specifications of size of pitch, number of pitches, timings, noise pollution, etc.
  3. Certain areas declared as prohibited for hawking. (outside railway stations, schools, etc.)
  4. Consultative process (3-member committee) followed while determining hawking and no hawking zones, and this consultative process is to continue for any future changes / additions, as required.
  5. Pitches allotted for a period of one year, and if number of applicants exceeds the number of pitches, lottery system to be followed.
  6. Cooking of food is prohibited on the streets and on the footpath.

B) Assumptions / Basis of the SC order:

  1. It was held that the right to carry on trade or business conferred by Article 19(1)(g) of the Constitution of India is subject to the provisions of sub-clause (6) of Article 19 which provided that nothing in sub-clause (g) of Article 19(1) would affect the operation of any existing law insofar as it imposed, or prevented the State from making any law imposing, in the interests of general public.
  1. No one had any right to do his or her trade or business so as to cause nuisance,

annoyance or inconvenience to the other members of the public. Hawking on roadsides fell within the expression "occupation, trade or business" in Article 19 (1) (g).

  1. Public streets, by their very nomenclature and definition, are meant for the use of the general public. It was held that the public streets are not laid to facilitate the carrying on of private trade or business.
  1. It was further held that hawkers had no right to occupy any particular place on the pavement nor could they assert right to occupy permanently specific places demarcated on the pavement. Hawkers do not have the right to a fixed place of business or else there would be no distinction left between hawkers and those ordinarily understood as traders.
  1. It was held that this right was specifically for poor hawkers and not for sellers of luxury items or goods.   The reason of poverty alleviation and earning a livelihood cannot be used as an over-arching principle for hawkers, as there are several hawkers who earn large sums of money outside any legal framework, with minimal contribution to the economy, who are presently equating themselves with the individual vegetable vendor who carries a basket of vegetables on her head, and struggles to make ends meet. There is a clear distinction between such categories of hawkers, and by not stating this clearly, hawkers unions are themselves showing their actual lack of commitment towards transparency and self-regulation.
  1. It was held that the Municipality had a right to regulate such businesses and the Municipality was directed to frame rules and schemes regarding street trading.
  1. It was also recognized that hawking could be totally prohibited in certain areas.
  1. If properly regulated according to the exigency of the circumstances, 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 price.
  1. There is no fundamental right under Article 21 to carry on any hawking business. There is also no right to do hawking at any particular place, and hence there is no right to rehabilitation.

 4. Detailed recos with reasons:  

  1.  All goods allowed except prohibited ones: Except prohibited goods, all other goods and services are permitted to be hawked, under these regulations (While providing customers with cheap, convenience goods, no existing laws concerning Intellectual Property Rights (IPR), health, safety, etc to be broken)

 

  1. Footpaths and Roads are for commuting: The use of public streets and pavements is first meant for the use of the general public for passing and re-passing, and thereafter, if determined to be necessary, for any other use such as hawking, subject to clear restrictions and regulations.
  1. The entire city is to be divided into the following 3 types of areas:

S.No.

Type of Area

Pitches permitted

Roaming Permitted

Any other

1.

Hawking Zone

Yes

No

 -

2.

Non-Hawking Zones

No

No

 -

3.

Rest of the city

No

Yes

(stopping in designated areas only)

Special mechanisms such as hawkers plaza, khau gallis, etc. are also available

 

 

 

 

 

 

  1. Numbers to be restricted based on carrying capacity of area: (In order to provide a workable solution / scheme for hawkers to use public streets and pavements, that are already in use by pedestrians, vehicles, etc., it is necessary to restrict the numbers of hawkers that can be permitted in such spaces.) It is accepted that there will be a restriction on the number of hawking zones designated in the city, depending on the carrying capacity of that area; it follows that there will also be a restriction on the number of hawking pitches available within these designated hawking zones.
  1. Regulation to be via defined zones: (the basic assumption is that the entire city is first a no-hawking (i.e.no-squatting) zone, within which certain areas have been identified as hawking zones, where regulated squatting will be permitted)The scheme of defining hawking and non-hawking zones has been accepted as a regulatory mechanism for the above.
  1. Roving hawkers to be also regulated: (Where public streets and pavements are to be used for carrying out trade and business, it is necessary for BMC to impose some regukations on such a use). It is further understood, that mobile or roving hawkers will also operate under regulations, including a restriction on the number of roving hawkers permitted per area / ward. (Regulations such as restriction on numbers apply equally to all hawkers – where hawkers with pitches and mobile hawkers are both equal as far as the BMC is concerned.)
  1. Other regulations also: (Apart from regulating the numbers and locations, a complete set of rules that defines the framework within which hawking is permitted needs to be stated) Further regulations such as type and size of hawking pitches, type of roving mechanism, timings, etc. have been detailed for both types of hawkers.

 

  1. Hawking Zone Parameters: (A Hawking zone is a defined area of the street or footpath on which regulated squatting of hawkers is permitted. The mechanism of a hawking zone has been devised as a means of regulating and restricting the use of public streets and footpaths for hawking, while also providing citizens with opportunities to purchase convenience and other goods, at cheaper prices)

a.       1m x 1m size of pitch.SC

b.       It is recommended that on pavements or roads with a shop-line behind the pitches, after every 4 pitches, a half meter gap be left to permit access to shops.3M

c.        Hawking will be permitted to be carried out on only one side of any road and footpath. SC

d.       The road width must not be less than 8 m (minimum safe carriage-way required for a vehicle and a pedestrian)SC

e.       The footpath width must not be less than 2 m (so as to provide a minimum space for pedestrians after the 1m X 1m pitch) F

f.        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 F

g.       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 F

h.       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) (hawkers pitches attract clusters of people, and hence at least one side of the road must be kept clear for pedestrians and traffic) F

i.         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. F

j.        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 (as several hawkers attract vehicles that would cause congestion, block traffic and access on the side of the road with pitches) F

k.      No hawking pitches will be permitted within 10 m of the turning of a road. (the turning points of a road are critical areas for both pedestrian and vehicular traffic and need to be kept free of all obstructions.)

l.         Display method: No permanent display mechanism of any type is permitted. The goods are to be stored / displayed in baskets / sheets that are kept on the pavement / road. Temporary weather protection is permitted for the goods, the main criteria being that the pitch has to be completely cleared after the permitted hawking period is over.SC

m.     Timings: Hawking permitted between 7 am and 10 pm only. SC

n.       Noise: The hawkers must not create any noise or play any instrument or music for attracting the public or the customers. SC

o.      A 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.F

p.      Cleanliness:

i)                    Hawkers to cooperate with Govt. agencies for cleaning. SC

ii)                   Public toilets and community waste bins to be provided in each hawking zone

iii)                 The pitch to be cleared of all goods and debris at night – area to be washed clean

q.      The hawkers in a Ward to necessarily form an association and self-regulate and will be held responsible as a collective for any breach. .F

r.        No electric connection permitted for pitches. F (Electric connection on the street has the potential to be mis-used, and also is a safety hazard; further no kind of permanent set up is desirable on the street or footpaths; however, since significant hawking activity occurs in the evenings and at night, temporary lighting arrangements may be permitted where required.)  

  1. No-Hawking Zone Criteria:

a.       Areas of high pedestrian and traffic congestion will be declared as no-hawking zones (The public streets and pavements in such areas are already areas of conflict between pedestrians, vehicles, etc., )(e.g. outside railway stations, municipal markets) Hence no hawking within150 meters from any municipal or other markets or from any railway station.

b.      How to measure the 150 m zone: based on the experiences of those Ward Officers who have already implemented this guideline, the following methodology is suggested for the marking of the 150 m no-hawking zone: the 2 extreme ends of the railway station (north and south), irrespective of number of entry or exit points is to be considered; from the edge of the railway property (either railway track, platform, concourse, etc) that abuts the public street/pavement, 150 m is to be offset, and the entire area in-between this zone is an area of no-hawking.

c.       It is understood that some streets as well as buildings and properties may be divided by the 150 m boundary. This distance is to be taken as an indicative distance, and while demarcating the no-hawking zone, the 150 m may be extended or decreased (by +/- 25 m only) till the nearest junction of the road. This enables an entire stretch of road to be included in the no-hawking zone

d.      Other regulations in such areas to reduce congestion: Areas such as those outside railway stations are congested due to many reasons, one of the primary ones being traffic and circulation problems. Hence it is recommended, that in order to effectively reduce congestion in these areas, the following traffic related steps to also be undertaken:

i)                    Such areas to be marked as no parking / restricted parking areas, or parking where necessary to be pay-and-park, and off-street parking

ii)                   Restricted timings for delivery vehicles

iii)                 Restricted number and lanes for taxis and rickshaws

e.       Areas that require increased safety and hygiene will be no-hawking zones (e.g. schools, hospitals) Hence no hawking within 100 meters from any place of worship, holy shire, educational institutions and hospitals.

f.        However, articles of religious use are permitted to be sold outside religious institutions, subject to regulations, and some articles such as coconuts and fruits are permitted to be sold outside hospitals, subject to regulations.

g.        There should be no hawking on footbridges and over-bridges.SC

h.       Areas of special importance that are required to be maintained will be no hawking areas (The public streets and pavements in such show-case or important areas require greater overall regulations whether these are linked to hawkers, parking, pollution, etc.) (e.g. designated tourist spots / monuments)

i.         Areas that require high security arrangements will be declared as no hawking areas (e.g. Mantralaya)

j.        Experiences during the implementation of the no-hawking zones has showed that the hawkers repeatedly return to these areas, inspite of being removed periodically by the regulating authority. It is hence recommended that such no-hawking zones be treated as “zero-tolerance” areas, where if customers are caught patronising hawkers in such prohibited areas, this will be declared a “civil offence” and action will be taken on the customer as well.  

Reason: Despite several of these being “natural” markets favoured by both hawkers and their customers, there will be no relaxation in these areas as the regulating authorities (BMC, Traffic Police) already face severe difficulties in maintaining order in such areas that are highly congested. (Most are already one-way, and have no-parking, no-honking, etc. regulations in place) If people need and desire the services and goods offered by hawkers, they will have to come to the designated hawking zones. The “natural” tendency of both people and hawkers to take the easy, short-term route by allowing and patronising hawkers in the no-hawking zone is to be discouraged, and both hawkers and their patrons are expected to behave responsibly.  

  1. Roving Hawkers Regulations:

Reason: There will be a cap on the number of roving hawkers allowed in an Administrative / Councillor Ward, linked to the overall carrying capacity of the city / Ward, and the population being served.

a.       It is recommended that 100 roving hawkers be permitted per Councillor Ward population of 60,000, i.e. 1 hawker per 600 population.

b.      Method of roving will be regulated: on foot, carrying a head load, or on bicycle. Hand carts (4 wheeled) and push carts (2 wheeled) are prohibited.

c.       Timings, etc., will also be regulated

d.      Locations for stopping and providing services temporarily will be specified: these will be “temporary hawking areas” and the time period may be restricted to certain hours of the day, certain days of the week, week-ends, etc., depending on the stated needs of the local community, and to be determined by the Ward Committees.

e.       LACGs to play a crucial role in regulating / permitting / monitoring roving hawkers  

Types of roaming hawkers and suggested regulatory mechanisms:  

S. No.

Roaming type

Customer type

Method of roaming

Some examples of goods

Regulatory mechanism

Reco.

1

Hawker moves from door to door (no stopping)

Customer locations are fixed, routes and schedule of roaming are fixed

On foot, or any type of permitted vehicle (cycle, cab, etc.) to transport the goods

(public roads not used for selling – like delivery persons)

All items (vegetables, fruits, ready-made goods, etc.)

- hawker subject to regulations of the premises visited
- Door-to-door roaming license will be issued if required (as an enabling clause for BMC)

 

 

- Overall recos. applicable. (noise, timings, etc.)
- no squatting at any public place, road, footpath.
- Number per ward could be unlimited

 

2

Hawker moves in a particular ward, stopping when he finds a customer

No definite customers; searching for customers

On foot, or any type of permitted vehicle (e.g. of prohibited vehicles: handcart, pushcart )

All goods approved by the City and Ward Committees on basis of LACG recos (mostly convenience goods such as vegetable, fruits, etc.)

- Can stop for a limited period in designated “temporary” hawking areas

- limited validity roaming licence will be issued with detail of location and time period where stopping is permitted
- must get NOCs from 5 co-operative society’s in the area
(to do: e.g. of a licence wording)

- overall recos applicable
- Local Committee to decide locations, types of goods
- 1m X 1m space only available for stopping
- 100 / Councillor Ward
- allotment procedure – lottery

3

Motorised or non-motorised vehicle that roams on the street searching for customers.  E.g. ice cream vans, 3 wheelers

No definite customer; searching for customers

Through the vehicle

 

- cannot stop on public streets, except in designated areas
- hence to stop within the premises of malls, etc. as per internal understanding.

- number per ward as per committee decision

- similar to the mobile hoardings, and pay and park concept –  where every ward will have some number of such designated spots – BMC can earn revenue – highest bidder concept

4

Other types of hawkers such as channa vala at beach, bottled water seller at tourist spots, etc

No definite customer; searching for customers, though areas are tourist, leisure, high density areas

On foot, carrying goods on person

Channa,

Bubbles, caps, sunglasses, bottled water, biscuits, snacks, etc

- Generally not allowed, except in areas where committee approves.

 

No special recos – must fit into specified schemes

 

  1. Integration of hawkers encouraged within private premises:

i)                    Objective: Integrating hawkers into private premises is recommended, especially as the repeated argument in favour of allowing hawkers is that people need hawkers, who provide cheap and convenient goods and services to them.

ii)                   Reason: In this manner, a significant number of hawkers who are genuinely needed and desired by the people will be accommodated by housing societies, shops, organisations, etc. within their premises, and will be off the streets and footpaths.

iii)                 Reason: It is unreasonable to expect BMC to fulfil its obligatory responsibility (61 (o) in Chapter iii - Duties and Powers of the Municipal Authorities in the MMC Act) of the removal of obstructions and projections in or upon streets, bridges and other public places; as well as cater to the needs of people in patronizing hawkers, and the desire of hawkers to provide those needs.

iv)                 Recommendation: All existing DC rules as well as other regulations governing shops and establishments and commercial establishments to be followed.

v)                  BMC will issue an NOC to the private entity such as a co-operative society, etc. to conduct such an activity.

[to delete: and put at the end?
Examples: There are many examples of people / organisations / entities integrating and absorbing hawkers within their premises, and thus allowing them to operate within existing frameworks of the law. Some are enumerated below; and some are also suggested to be taken up:

    1. in several places chaat stalls are integrated with mithai shops
    2. tea stalls and snacks / farsan / vadapav stalls are integrated with several milk dairies
    3. Frankie / roll stalls have integrated with provisions stores (Quality at Juhu and Linking Road)
    4. the Jumbo Vada Pav kiosks at most suburban railway stations that offer comparative low costs, thus showing that such models are feasible.
    5. readymade shops / cosmetics / accessories in the setbacks / compounds of shopping centres such as at Santacruz West market

Suggestions:

a.       In areas like Nariman Point, if the food stalls are needed by the users, the various office buildings can accommodate restricted number of hawkers stalls within their building set-backs and parking areas

b.      Typists who operate near post offices and Courts may be given kiosks within the premises.

c.       Travel booking agents may be given a counter within shops in the area (examples at Pune, in shops, petrol pumps)]  

  1. Other special mechanisms for hawking:

i)                    Apart from the specified hawking zones for pitches, and the temporary hawking areas for roaming hawkers, BMC will undertake schemes to enable off-street hawking through the following special mechanisms and schemes.

ii)                   It is recommended that such special schemes are undertaken after drawing up a city-wide plan so as to ensure that there is an even distribution of such special schemes over all parts of the city, in areas where there may be a special need (such as tourist areas), and following all applicable rules.

iii)                 Hawking Plazas:
a) Such plazas to be in reserved market plots of the BMC, or in parts of markets plots that are proposed to be redeveloped, or in areas of tourist interest (As part of overall master plan. Examples: Chowpatty, Juhu, Elephanta)

b) Keeping in mind, the nature of the hawking activity, the hawkers to be
    necessarily located on the ground floor only.

c) Pre-designed stalls may be considered for such plazas, as their
      being off the street and in a restricted area, enables greater regulation
      and security measures to be undertaken.

d) The managing agency / authority of the hawking plaza (could be a
       private contractor, like for pay and park) to consider options like
      flexible timings / sharing of pitches, etc., that enables greater number of
      hawkers to use the limited spaces available.  

iv)                 Weekly Bazaars

a) Such “temporary” bazaars to be considered in plots that are currently vacant / undeveloped. (excluding reserved garden plots and RGs?)

b) No permanent structures / display mechanisms to be permitted. Defined pitches available to each hawker, and the space to be cleared off all goods at night.  

v)                   Khau Gallis / Theme based markets

a) Special theme based markets may be considered depending on the expressed need of the local community, and depending on the availability of off-street locations for such markets.

b) Khau-Galli (Food Street) is an example of a restricted area where food is permitted to be sold (including cooking) for the large floating population that uses that area.

c) depending on the nature of the goods being sold, detailed guidelines will be framed for such areas; all other guidelines such as timings, etc are also applicable.

d) Pre-designed stalls may be considered for such markets; to enable regulation.  

vi)                Daily Licences: (for festive occasions, etc) :

a) Temporary daily licences will be issued mainly for festive occasions

b) The number of such licences to be determined by the Ward Committee

c) These licences are for roaming hawkers only, and will not entitle the hawker to squat on the public street or pavement

d) All other rules for hawking zones, etc are applicable.  

 

  1. Licence Allotment procedure:

a.       For the restricted number of pitches, and the restricted number of roving hawkers, lottery will be held for issuance of licences.

b.      Only those eligible to apply under the specified eligibility criteria will be considered.

c.       There will be preferences for certain marginalised groups (such as women and handicapped) as well as for types of goods (convenience goods) – positive discrimination rather than quota or reservation policy will be followed.

d.      Cut-off date to grant licences to hawkers will not be followed, as this is an unsustainable regulating mechanism. Further in the interest of encouraging hawkers to integrate with legal structures, a 5% reduction will be made every year in the number of licenses issued. This is also linked to the BMC undertaking long-term and planning decisions, that will provide opportunities for both hawkers to operate within a legal framework (hawking plazas), and for people to avail of goods and services cheaply, near their homes or place of work (establishment of markets) See section on long term plans

e.       No fees / pautis will be collected from unlicensed hawkers who will not be permitted to carry out their trade in any circumstances.

  1.  Eligibility criteria for licences:

A) Pitches:

a.       All applicants must be domiciled in Mumbai / Maharashtra (those hawkers who have been living Mumbai for over 15 years should benefit from any policy / scheme framed)

b.      Preference will be given to handicapped persons – physically, blind, deaf, mute, mental retardation (as this section of society have limited options of earning a livelihood)

c.       Preference will be given to women above the age of 50 (hawking is a means of livelihood to women, especially for those who are unable to find employment elsewhere), and to widows

d.      Preference will be given to men above the age of 60 (hawking provides a means of livelihood to elderly men, who have limited other opportunities for employment)

e.       Preference will be given (in decreasing order) to those who:
    1) sell  Convenience Goods (as these are needed on an urgent basis by people)
    2) provide certain services (as these are not easily available in shops / through other means)
    3) sell other goods (as these are also available at comparable costs in shops)  

B)  Roving

a.      All applicants must be domiciled in Mumbai / Maharashtra (those hawkers who have been living Mumbai for over 15 years should benefit from any policy / scheme framed)

b.      First preference to those roving hawkers who have been plying their trade in the local area for at least 5 years, and who get NOC’s from at least 5 Societies in the area

c.        Preference will be given (in decreasing order) to those who:
    1) sell  Convenience Goods (as these are needed on an urgent basis by people)
    2) provide certain services (as these are not easily available in shops / through other means)
    3) sell other goods (as these are also available at comparable costs in shops)
 

  1. Licence Conditions:

a.       Licenses will be valid for a period of one year only. (license does not guarantee a permanent right to hawk, and the licensing criteria, etc. may be periodically revised depending on the needs of the local community, etc.) These will not be automatically renewable. A fresh application will have to be made under the system prevailing then e.g. the lottery system.

b.      A yearly licence fee is payable to the BMC, in advance. The amount is related to the types of goods. (state amount)

c.       Committing of any breach such as hawking of banned items, or hawking in a non-hawking zone or occupying more space than permitted will attract a fine, and the Hawkers Association at the Ward level will be held accountable and liable. Repeated breach will result in cancellation of the licence with no refund of any fees.

d.      The local Hawkers Association will also be held responsible to ensure that no other hawkers, other than the licensed hawkers (pitches and roving) operate in that area. Allowing such unlicensed hawkers to operate may result in the suspension / cancellation of the hawking scheme for that ward

e.       Licences will be given to only one member of a family, (to state reason)  fulfilling all the criteria as specified for licences

f.        These licences are not transferable and are valid only for the person to whom it is allotted

g.       Any one other family member may be permitted to assist in setting up and packing the goods, or running it temporarily in case of severe illness, and this second person’s name and photograph will also be displayed on the same photo ID

h.       At no time will more than one person be allowed to stand and sell at the pitch, or be allowed to rove (pitch area is limited, and cannot accommodate more than one person)

i.         Licences shall have photos of the hawkers and 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

j.        The format, colour, etc., of the photo IDs will be changed every year (as the tenure for the licence is for one year) and it will be the responsibility of the Ward level Hawkers Association to collect and return all photo-IDs at the end of one year.  

  1. Original 15000 licensed hawkers

a.       The original 15000 licensed hawkers to also stand in line, following the principle of equality for all hawkers.

b.      All regulations are to be followed, including size of stall – no exemptions will be made.  

 

  1. Hawkers self-regulation and cooperation:

a.        All hawkers licensed to operate in a ward will form an association / co-operative and be represented in the Ward Committee for hawkers through this. (to state reason)

b.      This hawkers association / co-operative will be responsible to ensure that its members follow all the Rules, and if any breach occurs, both the individual hawker as well as the Hawkers association / co-operative will be fined. (to state reason)

c.        Hawkers to cooperate with BMC in ensuring cleanliness of the hawking zones.

d.       Each hawker to have a basket to collect waste and to follow Rules as specified in the BMC Solid Waste Rules 2006.

e.        Hawkers to cooperate with all Government authorities, including police, or MTNL for laying cables, etc.

f.        Breach of the above may lead to suspension / cancellation of licences.

  1. Implementing and regulating the scheme:

For the effective implementation of the guidelines and the further regulation of the proposed scheme, it is recommended that the following 2-tier system be adopted for the city:  

A) Setting up of a City Level Hawking Committee (for making procedures and guidelines)
This committee will consist of 12 members:

1.      BMC: Chairman – MC, 3 Addl. MCs, Zonal DMC (Hawker regulations), Superintendent of Licenses (6 members)

2.      Traffic Police – one representative

3.      Elected Representatives (2 nominees of the Mayor)

4.      NGO Council – one representative

5.      Experts (urban planner), NGOs, etc. – two invitees
 
Responsibilities of this Committee will be:
a) Overall implementation and monitoring of the policy
b) Framing of regulating mechanisms
c) Making changes as needed

d) Taking decision on the suggestions / proposals of the Ward Level Committees

B) Setting up of Ward Level Committees – 1 in each of the 24 Administrative wards (for Implementation and Monitoring).
These Committees will consist of 14 members:
a.       BMC – Chairperson: Ward Officer, Officers from Licence and Encroachment Depts.(3)
b.      Traffic Police
c.       Elected Representatives – Councillors – two representatives
d.      LACGs / Citizen groups – two representatives
e.       Hawkers Unions / Cooperatives – representing the Ward – two representative
f.       Shops Owners / Hotel Owners Association – two Representatives
g.       Invitees / Experts / Local NGOs – two representatives
 
Responsibilities of this Committee will be:
a) to suggest area-specific proposals for integration of hawkers, in consultation with all stake-holders (as per SC guidelines and all existing BMC and other Rules such as Dc Regulations, etc. )
b) to select types of goods permitted to be hawked
c) to select areas where these are permitted to be sold
d) to oversee the implementation of schemes / rules in the Ward
f) to monitor the implementation and suggest changes as required

 

  1. Cooking and Hawkers providing Food items:
  1. Definition of cooking: To prepare, as food, by boiling, roasting, baking, broiling, etc.; to make suitable for eating, by the agency of fire or heat.
  2. Based on the definition, primarily in the interests of safety and being a fire hazard, cooking of any kind will not be permitted on the streets and footpaths.
  3. Food stalls and hawkers who desire to cook should integrate with existing shops, or inside the premises of buildings, but off the streets and footpaths.
  4. While pre-cooked food is permitted to be sold, the following types of heating devices are not permitted viz. gas cylinder, electric heating device, gas stove, kerosene stove, tandoor. The following is permitted: small size (specified) coal stove for roasted corn and heating gram / chana
  5. BMC will establish some areas dedicated to food stalls (in an effort to promote the unique “street food culture” of the city, and to provide opportunities to citizens to purchase such goods) that will have water supply and greater safety regulation that will permit cooking to be done in these areas called “khau gallis”, and will arrange for waste to be picked up at appropriate timings.

 

 

  1. Long term plans by BMC:
    Reason: A 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. Thus BMC will take the following measures:

a.       To encourage hawkers to carry out trade within the existing legal framework, BMC will aim to reduce the number of hawkers operating on public streets and pavements, by implementing a 5% reduction in the number of licences every year.

b.      To provide opportunities for hawkers to operate, hawking plazas / weekly markets will be set up

c.       To provide people with opportunities to purchase convenience goods at a location close to their home / work place, and to reduce people’s dependence on hawkers, BMC will develop all reserved market plots

d.      To make proper arrangements for the future, for all new areas / suburbs/ railway stations/ etc that are being developed, hawkers will be included in the Master Plan, following specified norms, and as per the local specific solution that is appropriate. To expect planning norms and guidelines for hawkers to be applied in existing, already developed areas is unfeasible.

e.       Training and capacity building for individual licensed hawkers as well as for the hawker associations / cooperatives (to state reason)  e.g. how to obtain micro-finance, etc will be periodically arranged.  

Annexure 1: Types of goods: permitted and prohibited

 

A) Convenience Goods

 

B) Other Goods and services

C) Food items that require cooking (if pre-cooked then go into category B)

D) Prohibited Goods

  1. Vegetables
  2. Fruits
  3. Coconuts
  4. bread and eggs vendor
  5. News paper vendor
  6. Flowers for puja / gajras

A) Goods Vendors

1.       Foods: Ice-Cream /kulfi, Bhel / chaat items / chana, Sugarcane, Roasted corn, Cut-fruits and vegetables, Sandwiches (veg / non-veg), Juices / cold drinks / golas / lassi, packed or pre-cooked food / snacks / sweets / candy floss, etc.

2.       Panvala / cigarette / bidis

3.       Fish vendors

4.       Books / Magazines

5.       Stationery Items

6.       Lottery tickets

7.       Shoes / chappals

8.       Plants and saplings

9.       Luggage bags

10.   Leather items (belts, wallets, bags)

11.   Plastic goods / household goods

12.   Readymade garments

13.   Imitation jewellery

14.   Cosmetic items

15.   Cutlery / crockery

16.   Hardware Items

17.   Furniture Items

18.   Drinking water seller

19.   Florists

20.   Pottery vendors

21.   Amusement equipment / toys / balloons

22.   Rat poison

 

B) Service providers:

  1. Cobbler
  2. Umbrella / bag repair
  3. Mattress repair
  4. Raddi walas (paper, etc. recyclers)
  5. Plumbers / masons / carpenters
  6. Locksmith
  7. Blacksmith
  8. Typing / photocopying
  9. Jyotish walas
  10. Photographers
  11. Presswalas
  12. Barber / ear cleaner
  13. shoe shine

 

  1. Vada pav / Bhajiya
  2. Pavbhaji
  3. Chinese Food
  4. Biryani / rice / pulao
  5. Sheikh kababs
  6. Frankies / roll
  7. Tandoori items
  8. Chicken stall
  9. Idli and dosas
  10. Full meal
  11. Tea stall
  12. Omlette / egg

 

  1. Audio cassettes / CDs, etc (piracy laws)
  2. Matka Bookies
  3. Electronic goods (grey market)
  4. Poultry vendors (under slaughter house laws)
  5. Fire crackers (fire safety laws – must be in designated and regulated areas only)
  6. Money changer
  7. Jari Buttiwala (prevention of quacks and black magic, etc)

 

 

 


5. Expected results from the recos:  

Expected Implications of the suggested Recommendations:  

  1. Types of goods permitted to be hawked will be restricted.
  2. Number of hawkers (including roving hawkers) permitted to operate in the city will be capped, based on need and carrying capacity of each local area.
  3. This will enable more effective implementation by the regulating authority.
  4. Stake-holders such as hawkers themselves (through membership based cooperatives) and citizens through Local Area Citizen Groups will actively participate in regulating and monitoring hawkers in their local areas.
  5. Specifications for size and design of hawking pitch and roving hawkers’ hand-cart, etc will enable more effective regulation, and a uniform appearance.
  6. Indiscriminate issuance of hawking licenses and malpractices will be reduced.
  7.  The use of public streets and places for the practice of hawking to be reduced.

6. appendix – questions / unresolved issues


7. Table 1– list and categories of goods and services (included in main recos)


8. Table 2 – reasons for patronage


9. Table 3: Methods and locations of selling


10. appendix - other notes / comments / details (e.g. aarey / sarita stall) (from 28th Apr note)


11. appendix – suggestions received but not considered – reasons thereof


12. appendix – tabular comparison of SC guidelines and recommendations  




It is one of the beautiful compensations of this life that no one can sincerely try to help another without helping himself. --Charles Dudley Warner