Every Town Vending Committee shall furnish from time to time, return as required under section 30 alongwith details specified in Form VII , to the State Government.
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SCHEDULE (See rule 6(3)) Manner of election of the members of the Town Vending Committee from amongst the street vendors:-
1. The local authority shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the street vendors of the area under the jurisdiction of the local authority.
2. The local authority shall appoint a returning officer for the purpose of conducting election of members of the Town Vending Committee representing the street vendors of the area under the jurisdiction of the local authority.
3. The returning officer appointed under clause 2 shall conduct the elections for the members of the Town Vending Committee from amongst the street vendors in the manner provided here in after.
4. A mobile vendor, stationary vendor or street vendor shall be disqualified to be elected as member of 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.
5. 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.
6. As soon as the notification expressing the intention of the local authority to conduct elections of the members of the Town Vending Committee representing the street vendors has been issued and a returning officer has been appointed for conducting the election, the local authority shall by a resolution determine the date, time and place for conduct of the election.
7. 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 Hindi;
(b) by local delivery;
(c) by post under certificate of posting;
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(d) by speed post or courier services, duly registered with 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 Scheduled Tribes, Scheduled Castes, 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 scrutinisation of the nomination papers; and
(iv) the date, place and the hours of the polling.
8. 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 it on the notice board 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 of certificate of street vending and name of the street vendor, 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 registers as the returning officer may require and handover such records or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the local authority or the returning officer, as the case may be, to any street vendor on payment of such fee as specified by the local authority.
9. The nominations of the candidates for election shall be made in Form-I which shall be supplied by the returning officer to any street vendor free of cost.
10. The candidate shall make a security deposit of rupees two thousand in cash or bank draft or pay order alongwith the nomination papers. If a candidate fails to get one sixth of the votes polled, the security deposit shall be forfeited to the local authority.
11. 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 49 immediately give a written acknowledgement for the receipt of 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.
12. (i) On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the security of the nomination papers;
(ii) the returning officer shall examine the nomination papers and decide objections 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 8 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt.
(iii) 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 nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid;
(iv) 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; and
(v) 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 causes beyond his control.
13. The list of valid nominations as decided by the returning 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.
14. Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination paper but before 5:00 PM on the day following the day on which the valid nominations are published, to the returning officer of the Town Vending Committee. A notice of withdrawal of candidature once given shall be irrevocable.
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15. 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 announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after closing hour of the day of withdrawal of candidatures fixed under clause 14 above. Where the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arrange for conducting a poll soon 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.
16. The local authority shall provide 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 elections. The ballot box shall be designed in such a way that ballot papers can be inserted therein but cannot be taken out there from without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer, appoint an agent to 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 consent in writing of the agent concerned in Form-III.
17. The canvassing for votes by any person at any place where election is to be conducted shall be prohibited.
18. 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.
19. Every street vendor or voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names of the contesting candidates arranged in English alphabetical order either printed, type 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 contain a column, for the voter to 51 inscribe a mark [x] against the names of the persons to whom he wants to vote.
20. 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.
21. No ballot paper shall be issued to a street vendor or voter unless the polling officer is satisfied that the street vendor or the 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 up for the purpose and indicate the person or persons in whose favour he exercises his vote by inscribing a mark [x] against the 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.
22. If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray at such elections and it is not possible to take the poll for any sufficient cause, the returning officer may stop the polling recording his reason for such action in the minute book of the Town Vending Committee.
23. 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 vote.
24. The counting of votes shall take place immediately after 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, and deposit such ballot box with the local authority for custody. The returning officer shall then announce the next day of counting. The votes 52 shall be counted by or under the supervision of the returning officer. Each candidate and his authorized 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 announcements of results by the returning officer. The number of votes secured by each candidate and the result of election shall be announced by the returning officer as soon as the counting is over.
25. The result of the elections 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.
26. In case of equal number of votes, the returning officer shall declare the election result by tossing coin.
27. 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 the candidate vote has been casted ; and
(iv) is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
28. After the declaration of the result of election, the same alongwith 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 election result.
29. 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. These shall safely be preserved by the local authority for a period of six months from the date of elections or till such time a dispute regarding elections, 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 Government as well as to the local authority by the returning officer along with his report.
53 FORM 1 [See rule 6] (clause 9 of schedule) NOMINATION FORM FOR ELECTION OF MEMBERS OF TOWN VENDING COMMITTEE To, The Returning Officer, …………………………… Town Vending Committee, ------------------------------------ Sir, 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 propose 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 post of member of the said committee for the election to be held on…………………… Name and signature of the proposer…………………………..
Registration/ certificate of Vending No………………………..
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……………………, street vendor, vending in the area of jurisdiction of the Town Vending Committee,( Registration/ certificate of Vending No………………………………) hereby agrees to my nomination for the election as member of the ………………………..Town Vending Committee.
54 I further declare that –
(i) I am not employee of the said Town Vending Committee;
(ii) I am eligible to vote ; and
(iii) I do not incur any disqualification for election 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 H.P. Street Vendors(Protection of Livelihood and Regulation of Street Vending) Rules, 2016 made there under.
Name and signature of the Candidate…………………………..
Registration/ certificate of Vending No………………………..
(FOR OFFICE USE ONLY) Received the nomination format………………………….(time and date) Signature of the Returning Officer………………………………..
ACKNOWLEDGEMENT Received the nomination form of…………………………………..presented by Shri/ Smt./ Ms……………………………………..candidate/ proposer/ seconder for the election at………………………………………am/pm.
On………………………………….
Signature of the Returning Officer………………………………..
Seal 55 FORM II [See rule 6 and clause 15 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 elections are to be conducted under schedule I appended to the H.P. Street Vendors (Protection of Livelihoods 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 56 FORM III [See rule 6 clause 16 of schedule] Letter for Appointment of Election Agent/ Counting Agent I,…………………...........................wife/son/daughter of Shri ...............
..................... .Registration /certificate of vending No……………of………Town Vending Committee contesting for election of 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 date):- Name and Signature of the Candidate……………………………..
Registration/ certificate of Vending No. …………………………..
I, ……………………………………..son/ wife/ daughter of Shri…………………………..address……………………………………………… …………………………………………………………….am willing to be the election agent/ counting agent.
Signature of the Agent, 57 FORM IV [ See rule 19 ] APPLICATION BY THE AGGRIEVED STREET VENDOR TO THE GRIEVANCE REDRESSAL COMMITTEE Application No. ………………………..of 20… ……………………Applicant Vs ……………………….Respondent
1. Name of Applicant:
2. Address for correspondence:
3. ID 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. Grievance against which authority:
9. Details of grievance or dispute (give full details):
10. Documents supporting grievance or dispute:
11. Declaration:
58 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 prescribed in the rules.
12. Place:
13. Date: Signature of applicant Note: Attach all the relevant documents with this application.
If required, give full details of grievance or dispute on separate paper to be attached with this application.
59 FORM V [ See rule 22 ] APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE TOWN VENDING COMMITTEE Application No. ………………………..of 20… …………………………Applicant Vs ……………………….Respondent
1. Name of Applicant:
2. Address for correspondence:
3. ID 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 appeal is preferred:
I. Rejection of certificate of vending II. Suspension of certificate of vending III. Cancellation of certificate of vending
9. Details of grounds of Appeal (give full details):
10. Documents supporting Appeal:
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11. 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 prescribed in the rules.
12. Place:
13. Date: Signature of applicant Note: Attach all the relevant documents including order of Town Vending Committee with this appeal.
If required, give reasons for filing the appeal on separate paper to be attached with this appeal.
61 FORM VI [ See rule 22 ] APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE GRIEVANCE REDRESSAL COMMITTEE Application No. ………………………..of 20… ……………………Applicant Vs ……………………….Respondent
1. Name of Applicant:
2. Address for correspondence:
3. ID 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. Decision of Grievance Redressal Committee against which appeal is preferred:
9. Details of grounds of appeal (give full details):
10. Documents supporting appeal:
11. Declaration:
62 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 prescribed in the rules.
12. Place:
13. Date: Signature of applicant Note: Attach all the relevant documents including order of grievance redressal committee with this appeal.
If required, give reason for filing appeal on separate paper to be attached with this appeal.
63 FORM VII [ See rule 25 ] DETAILS OF THE PERIODICAL RETURNS TO BE FURNISHED TO THE STATE GOVERNMENT …………………………………Municipal Corporation or Municipal Council or Nagar Panchayat hereby submits the following details of the periodical return for quarter ending………………………………..[March or June or September or December], 20……
1. Details of certificates issued, 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 vendor, address, place of vending, type of vending, etc.
3. Number of the 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 directed by the State Government from time to time.
By Order (Manisha Nanda) Additional Chief Secretary (UD) to the Government of Himachal Pradesh.
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