If any difficulties arises in implementing the provisions of these rules or for interpretation of any rule, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final.
SCHEDULE (See rule 6) Manner of Election of the Members of the Town Vending Committee from amongst the Street Vendors.
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(1) The local authority shall by a notification express its intention to conduct the election for the members of a Town Vending Committee representing the street vendors of the area under its jurisdiction.
(2) The local authority shall appoint the Member-Secretary of the Town Vending Committee as a Returning Officer for the purpose of conducting the election of the members of the Town Vending Committee representing the street vendors of the area under its jurisdiction.
(3) The Returning Officer appointed under clause (2) shall conduct the election for the members of the Town Vending Committee from amongst the street vendors in the manner provided hereinafter. (i) A mobile vendor, stationary vendor or street vendor shall be disqualified to be elected as a member of the Town Vending Committee if he is convicted of an offence involving moral turpitude or he is physically or mentally incapable of discharging duties as a member of a Town Vending Committee. (ii) The local authority shall supervise, direct and control the conduct of elections of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.
689-14 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B
(iii) As soon as the notification referred to in clause (1) has been issued and a Returning Officer is appointed under clause (2) the local authority shall by a resolution determine the date, time and place for conduct of the election. (iv) The notice of the resolution or decision of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:- (a) by public notice to be published in two prominent daily newspapers out of which one shall be in the local language of the area; (b) by local delivery; (c) by post under certificate of posting; (d) by speed post or courier services, duly registered with the competent authority as well as on the notice board of the returning officer. The notice shall contain information regarding – (i) the number of members to be elected including seats reserved for representation of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Women, Persons with Disabilities, Minorities or any other specified categories. (ii) the date on which, the place at which and the hours between which nomination papers shall be filed, such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday; (iii) the date and the hour for scrutiny of the nomination papers; and (iv) the date, place and the hours of the polling. (v) The local authority shall prepare a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee as it stood on thirty days before the date fixed for inviting the nominations and publish copies of the said list by affixing them upon the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for inviting nominations. The list shall specify the registration number, certificate of vending and the name of the street vendor, the name of father or husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the Returning Officer may require and hand over such records or register to the Returning Officer thirty days prior to the date fixed for the purpose of the election. A copy of the list shall be supplied by the Town Vending Committee or the local authority or Returning Officer, as the case may be, to any street vendor on payment of such fees as determined by the local authority. (vi) The nominations of the candidates for election shall be made in Form-I which shall be provided by the Returning Officer to any street vendor free of cost. (vii) The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order along with the nomination papers. If a candidate fails to get less than one sixth of the votes polled, the security deposit shall be forfeited to the local authority. (viii) Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder, to the Returning Officer. The Returning Officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgement of receiving the
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-15 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc nomination paper which shall bear the seal of the Town Vending Committee or Returning Officer. Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected. (ix) (a) On the day following the date fixed for the receipt of nomination papers, the Returning Officer shall take up the scrutiny of the nomination papers; (b) The Returning Officer shall examine the nomination papers and decide objections, if any, which may be made by any person in respect of any nomination and may, either on such objection or on his own motion and after such summary inquiry, if any, as the Returning Officer thinks necessary, reject any nomination: Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particulars relating to the candidate or his proposer or seconder, as entered in the list of street vendors referred to in clause (viii) above if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt; (c) the Returning Officer shall give all reasonable facilities to the contesting candidates or, the proposer or seconder, as the case may be, to examine all the nominations papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid; (d) the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection; (e) the returning officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riots or affray or by reasons beyond his control. (x) The list of valid nominations as decided by the retuning officer with names in English alphabetical order and addresses of the candidates as given in the nomination papers shall be displayed or published on the same day on which the scrutiny of the nomination papers is completed. (xi) Any candidate may withdraw his candidature by giving notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 05.00 p.m. on the day following the day on which the valid nominations are published, to the Returning Officer. A notice of withdrawal of candidature once given shall be irrevocable. (xii) Where the number of candidates whose nomination papers have been declared valid, does not exceed, the number of candidates to be elected, the Returning Officer shall declare those candidates to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed under clause (xi) above. Where the number of candidates whose nominations are valid exceeds the number to be elected, the Returning Officer shall arrange for conducting the poll on the date fixed for the purpose. The Returning Officer may appoint one or more polling officers as may be necessary for conducting the poll. The ballot paper to be used for the election shall be in Form-II. (xiii) The Local Authority shall provide to the Returning Officer, with ballot boxes, ballot papers, copy of list of street vendors or voters and such other articles as may be necessary for the conduct of election. The ballot box shall be designed in such a way that ballot papers can be inserted therein but cannot be taken out therefrom without the boxes being unlocked. A candidate contesting the election may, by a letter to the Returning Officer, appoint an agent to 689-16 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B represent him for both the places where polling is held to identify the voters and to watch the recording of votes. Such letter shall contain the consent in writing of the agent concerned in Form- III. (xiv) The canvassing for votes by any person at the place where election is to be conducted shall be prohibited. (xv) Immediately before the commencement of the poll, the Returning Officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal, if he so desires. (xvi) Every street vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of contesting candidates arranged in the English Alphabetical order either printed, typed written or cyclostyled, according to convenience, on the ballot paper. The ballot paper shall also bear the seal of the Town Vending Committee and also the initials of the Returning Officer and further contained a column, for the voter to inscribe a mark [x] against the names of persons to whom he wants to vote. (xvii) Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the street vendor or voters can record their votes in secrecy. (xviii) No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper, the street vendor or voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose favour he exercises his vote by inscribing a mark (x) against the name or names of the candidate or candidates, as the case may be, and drop the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor or voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling officer is appointed, the Returning Officer shall ascertain from him the candidate or candidates in whose favour he desired to vote, inscribe the mark (x) on his behalf and drop the ballot paper in the ballot box. (xix) If, at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if at such elections, it is not possible to take the poll for any sufficient cause, the Returning Officer may stop the polling, recording his reasons for such action in the minute book of the Town Vending Committee. (xx) No street vendor or voter shall be admitted after the hours fixed for the poll but a voter who enters the premises, where ballot papers are being issued before the close of the polling hour, shall be issued the ballot paper and allowed him to cast his vote. (xxi) The counting of votes shall take place immediately after the closure of the poll. If this is not possible, the ballot box shall be sealed with the seal of the Returning Officer and the contesting candidates or their agents, if they so desire, deposit such ballot box with the local authority for custody. The Returning Officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the Returning Officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate the counting and the announcement of results by the Returning Officer. The number of votes secured by each candidate and the result of the election shall be announced by the Returning Officer as soon as the counting is over.
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-17 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc
(xxii) The result of the election shall also be recorded in the minute book of the Town Vending Committee and attested by the Returning Officer and shall also be notified immediately on the notice board of the Town Vending Committee. (xxiii) In case of equal number of votes, the Returning Officer shall declare the election result by tossing coin. (xxiv) The ballot paper shall be rejected by the Returning Officer, if,- (i) it bears any mark by which the street vendor's vote can be identified, (ii) it does not bear the seal of the Town Vending Committee or the initials of the Returning Officer, (iii) the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been casted, and (iv) is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. (xxv) After the result of election has been announced, the result of the election and a report thereon shall be communicated to the local authority as well as to the State Government by the Returning Officer, within three days from the date of declaration of the result. (xxvi) After the declaration of the result of the election, the Returning Officer shall handover the ballot paper and records relating to the elections of the members of the Town Vending Committee to the local authority in a sealed cover. The aforesaid record shall safely be preserved by the local authority for a period of six months from the date of election or till such time a dispute regarding election, if any, filed is disposed of, whichever is later and shall thereafter be destroyed by the local authority. A copy of the handing over and taking over record of election shall be sent to the State Government as well as to the local authority by the Returning Officer along with his report.
FORM I (See rule 6 & Para 3 (vi) of Schedule) NOMINATION FORM FOR ELECTION OF MEMBERS OF THE TOWN VENDING COMMITTEE To, The Returning Officer, ………………………………………. Town Vending Committee ……………………………………….. Sir, (1) I, ……………………………………… wife/son/daughter of Shri ……………………, street vendor, vending in the area of jurisdiction of the Town Vending Committee, (Registration / Certificate of Vending No. ………………………..) hereby proposes the name of Shri /Smt / Ms…………………………………………………wife/son/daughter of Shri……………………………. and a street vendor of the said Town Vending Committee (Registration / Certificate of Vending No. ………………………..) as a candidate for the election of post of Member of the said Committee for the election to be held on ………………………..
689-18 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B Name and Signature of the proposer……………………………. Registration / Certificate of Vending No. ……………………………………. (2) I, ……………………………………………….., wife / son / daughter of Shri ……………………………., Registration/Certificate of Vending No. ……………………….. of …………………………………… Town Vending Committee, hereby second the above proposal. Name and Signature of the Seconder……………………………. Registration / Certificate of Vending No. …………………………………….
DECLARATION BY THE CANDIDATE I, ……………………………………………….., wife / son / daughter of Shri ………………………………………….., Registration / Certificate of Vending No. ……………………….. of ………………………………………….. Town Vending Committee, hereby agrees to my nomination for the election as a Member of the ……………………………. Town Vending Committee. I further declare that – (i) I am not an employee of the said Town Vending Committee, (ii) I am eligible to vote, and (iii) I do not incur any disqualification for being elected as Member of the said Town Vending Committee under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act No. 7 of 2014) and the Gujarat Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016. Name and Signature of the Candidate……………………………. Registration / Certificate of Vending No. ………………………………………………..
(FOR OFFICE USE ONLY) Received the nomination form …………………. (time and date) Signature of the Returning Officer ………………………………………..
Seal of the office
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-19 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc ACKNOWLEDGEMENT Received the Nomination form of ………………………………….. presented by Shri / Smt / Ms ………………………… candidate / proposer / seconder for election at ……………………. a.m / p.m. on ……………………………….. Signature of the Returning Officer………………………………. Seal FORM II (See rule 6 & Para 3(xii) of Schedule) BALLOT PAPER FOR ELECTION OF MEMBER OF A TOWN VENDING COMMITTEE Ballot paper of election of Members of a Town Vending Committee whose election is to be conducted under the Gujarat Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016. The ………………………………. Street Vending Committee ……………………………………………. ……………………………………………. (Address) (Counterfoil) Ballot paper for the Post of ……………………………………… Date of Election ……………………………………………………….. Sr. No……………………………….. Registration / Certificate of Vending No. No. ………………………………….. Ballot Paper. Please mark [x] against one of the candidates Sr. No. Name of the candidate Registration/Certificate of Vending No. Mark for casting vote Seal of the office 689-20 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B FORM III (See rule 6 & Para 3(xiii) of Schedule) Appointment Letter for Election Agent / Counting Agent I, ………………………………………., son / wife / daughter of Shri ……………………………………………….., street vendor vending in the area of jurisdiction of the Town Vending Committee (Registration/Certificate of Vending No…………………..) contesting for election of a Member of the said Committee, hereby nominate the following person as my election agent / counting agent in the election of Members of the said Town Vending Committee to be held on …………………… (specify the date):- Name and Signature of the Agent ……………………………. Registration / Certificate of Vending No. ……………………………………………….. I, ………………………………………., son / wife / daughter of Shri ……………………………………. address………………………………………………………………………....…………………………………………………….. am willing to be the election agent /counting agent.
Name and Signature of the Agent,
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-21 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc FORM IV (See rule 19) FORM OF APPLICATION FOR AGGRIEVED STREET VENDOR TO THE DISPUTE REDRESSAL COMMITTEE Application No. …………… of 20…… …………………………. Applicant Vs ………………………….. Respondent 1. Name of applicant : 2. Address for correspondence : 3. I D number given by local authority (if issued) : 4. Number and the date of issue of certificate for vending : 5. Place or location of vending : 6. Zone or Ward of vending : 7. Nature of vending : (i) Mobile : (ii) Stationary : (iii) Any other (specify) : 8. Dispute against which authority : 9. Details of Dispute or dispute (Give full details) : (Applicant may enclose separate page for giving details of dispute) 10. Documents supporting Disputes:
689-22 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B DECLARATION I, __________ __________________________________, the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this application within the time limit as prescribed by the rules. Place: Date: Signature of Applicant Note I: Attach all the relevant documents with this application. Note II: If required, to give full details of dispute attach separate pages with this application form.
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-23 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc FORM V (See rule 22) FORM OF APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE TOWN VENDING COMMITTEE Appeal No. …………… of 20……..
…………………………. Appellant Vs ………………………….. Respondent 1. Name of applicant : 2. Address for correspondence : 3. I D number given by local authority (if issued) : 4. Number and the date of issue of certificate for vending : 5. Place or location of vending : 6. Zone or Ward of vending : 7. Nature of vending : (i) Mobile : (ii) Stationary : (iii) Any other (specify) : 8. Order of Town Vending Committee against which this appeals preferred : (i) Rejection of Certificate of vending : (ii) Suspension of Certificate of vending : (iii) Cancellation of Certificate of vending : 9. Details and grounds of Appeal (Applicant may enclose separate page for giving grounds of Appeal) : 10. Documents supporting Appeal :
689-24 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B DECLARATION I, ___________________________________________, the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this appeals within the time limit as prescribed by the rules. Place: Date: Signature of Appellant Note I: Attach all the relevant documents including order of the Town Vending Committee with this appeal. Note II: If required, to give full reasoning of appeal on the separate pages to be attached with this appeal.
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-25 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc FORM VI (See rule 23) FORM OF APPEAL APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE DISPUTE REDRESSAL COMMITTEE Appeal No. …………… of 20…..
…………………………. Appellant Vs ………………………….. Respondent 1. Name of applicant : 2. Address for correspondence : 3. I D number given by local authority (if issued) : 4. Number and date of issue of certificate for vending : 5. Place or location of vending : 6. Zone or Ward of vending : 7. Nature of vending : (i) Mobile : (ii) Stationary : (iii) Any other (specify) : 8. Decision of Dispute Redressal Committee against which appeal is preferred: 9. Details and grounds of Appeal (Applicant may enclose separate page for giving grounds of Appeal) : 10. Documents supporting Appeal :
689-26 GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 [PART IV- B DECLARATION I, ___________________________________________, the applicant, do hereby solemnly declare that what is stated above is true to the best of my knowledge and information and files this appeal within the time limit prescribed in the rules. Place: Date: Signature of Appellant Note I: Attach all the relevant documents including order of Dispute Redressal Committee with this appeal. Note II: If required, to give full reasoning of appeal on the separate pages to be attached with this appeal.
PART IV- B] GUJARAT GOVERNMENT GAZETTE, EX., 21-12-2016 689-27 D:\Work 2016 SIS-12\Extra Ordinary\IV-B\Ex-689-UD & UHDept-21-12-16.doc FORM VII (See rule 26) FORM OF PERIODICAL RETURNS TO BE FURNISHED TO THE STATEGOVERNMENT * _____________________ Municipal Corporation, *-------------------------Municipality, *-------------------------Cantonment Board. Quarterly Return ending on__________________March /June/ September/December], 20__.
1. Details of Applications for Issue of Certificates of Vending, Granted, rejected, suspended and cancelled during the quarter.
Details Applications Accepted or Issued Rejected Renewed Suspended Cancelled Pending at the beginning of the quarter Newly received Total Cleared during the quarter Pending at the end of the quarter
2. Number of newly surveyed street vendors and their complete details including name of street vender, address, place of vending, type of vending, etc.
3. Number of meetings of the Town Vending Committee held.
4. Details of newly vending area earmarked, if any, with its holding capacity.
5. Details of social audit done, if any.
6. Details of promotional measures taken for availability of credit, insurance and other welfare schemes of social security for street vendors.
7. Any other information, as may be required by the State Government from time to time. By order and in the name of Governor of Gujarat, SMITA SHAH Deputy Secretary to Government ------------------ Government Central Press, Gandhinagar