As provided under Section 24 of the Act where Town Vending Committee considers that the advice and assistance of any other person is necessary, it may co-opt any person having expertise in Law or Business as member who shall have the right to take part in the discussion but shall not be entitled to vote.
136 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 26, 2016
(c) All orders and decisions of the Town Vending Committee shall be authenticated by an Officer of the said Committee as may be authorized by the Chairperson in this behalf, and all orders, decisions shall be notified in the notice board of the Office of the Town Vending Committee. "" ( d) The Town Vending Committee shall discharge functions as provided in the Act and in Chapter-II of the Act in particular.
7. Registration, Certificate, Age etc :
As provided under Section 4(1) of the Act; every street vendor identified under survey carried out by the Town Vending Committee following the provisions of section 3(1) of the Act and who has completed the age of eighteen years, shall be registered and issued with certificate of vending as per terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending by Town Vending Committee.
8. Constitution of Dispute Redressal Mechanism : (!) The State Government may by notification shall constitute a Dispute Resolution Committee for each Municipality or for two or more Municipalities for the purpose of disposal the application to be made in Form -I received under sub section (2) of section 20 of the Act.
(2) Each Dispute Resolution Committee shall consist of following members, namely :-
(a) A Chairperson, who has been a civil judge or judicial Magistrate,
(b) Two other members to be nominated by the State Government from amongst the person having ability, integrity and standing and have adequate knowledge and experience of at least for a period of ten years in the field of social welfare, urban planning, economic development, health or law :
Provided that a person shall be disqualified for appointment as member, ifhe -
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or
(b) is an un-discharged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or ( d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
(e) has, in the opinion of the State Government such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member.
(3) Every member of the Dispute Resdressal Committee shall hold office for a · term of three years or upto the age of sixty five years whichever is earlier.
9. Appeal : (I) Any person aggrieved by any decision of the Town Vending Committee with respect to issue of · certificate of vending under section 6 or cancellation or suspension of certificate of vending under section 10 or, of the Dispute Resolution Committee under Sub-Section (3) of Section 20, may within a period of thirty days (Sub-Sec-5 of Sec. 20) from the date of communication of the decision, prefer an appeal in Form-II to the concerned Municipality (Sub-Sec-4 of Sec. 20).
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 26, 2016 135
(1) The Chairman, in consultation with other members of the Town
(2)
(3) Vending Committee, may choose to temporarily associate with persons for such period and for such purposes as it may deem fit.
Such person shall be appointed in an advisory position only.
Such person and the chairman shall be paid allowances as the Chairman may deem fit as provided under Sub-Section (3) of Sec.22.
4. Allowances for the members of the Committee.- The non official members and person co-opted shall receive such allowance for attending the meeting of the Committee as may be decided by the Corporation/ Municipality/ULB's on reconunendations of Town Vending Committee.
5. Procedure for election of street vendor representative:
As provided under clause (d) of sub-section (2) of Section 22 of the Act, the number of members representing street vendors shall be forty per cent of the total members who shall be elected by street vendors themselves in the following manner;- The entire process of election for electing the representatives among the street vendors shall be taken up in a meeting convened for the purpose among the listed street vendors. The listed street vendors shall exercise their franchise in that meeting to elect their representatives.
(a) Each local authority shall issue a notice after an interval of every three years, calling for election of street vendors by the street vendor associations;
(b) Every notice shall state the total number of street vendors to be elected and the street vendor associations designated to hold the elections;
( c) The designated street vendor association shall forward the list of elected vendors to the local authority;
( d) The local authority shall appoint the elected ".endors as members of the Town Vending Committee.
6. The Meeting of Town Vending Committees & Functionsffransaction of Business:
As provided under Section 23(1) and (2) of the Act, 'Town Vending Committee' shall meet twice in a quarter. Fifty percent of the members present in a meeting shall constitute the quorum. At least two weeks notice shall be given for convening a meeting of the Town Vending Committee:-
(a) The Town Vending Committee shall meet for the transaction of its business at its office at least once in a month or as often as a meeting is called by the Chairperson of the said Committee;
(b) Save as otherwise provided in these rules, the Town Vending Committee (TVC) shall, mutatis mutandis follow all rules of procedures and regard to the transaction of business at its meeting as provided in the relevant Municipal Act and rules for the transaction of business of the concerned Municipality and the Committee constituted under the said Municipal Act.
2 <i./ /ti THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 26, 2016 137'
(2) The Memorandwn of appeal if not filed in the specified form and if all the requirements of the form are not complied with, the appellate authority may reject the appeal summarily, after giving appellant such opportunity as it may think fit to rectify the defects.
Provided that the appeal may also be summarilx.. rejected on the other grounds which shall be reduced in writing by the appellate authority after giving reasonable opportunity of hearing to the appellant.
(3) If the appeal is not summarily rejected the appellate authority shall fix a day · and place for hearing the appeal.
( 4) The appellate authority may before disposing of any appeal make such further enquiry as it thinks fit or cause further enquiry to be made by an Officer of the Municipality.
(5) Every decision of the Municipality shall be in writing and be signed and dated by the Mayor or Chairperson of Municipality.
( 6) Before an order is passed on appeal, if such order is likely to affect any person other than the appellant adversely, such other person shall be given a reasonable opportunity of being heard.
(7) The Appellate Authority may authorize any Officer of the Municipality in writing to receive the Memorandum of appeal and put the time thereon and issue a receipt of acknowledgement.
(8) The appellate Authority shall dispose off of the appeal within thirty days from the date of filing of Memorandum of appeal.