If any difficulty arises in implementing the provisions of these Rules or for interpretation of any· Rule, the matter shall be referred to the Government ·and the decision of the Gover:nmen_t .thereon shpt.ll be final.
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SCHEDULE [See Rule 5] Procedure for the Conduct of Elections of Members of a Town Vending Committee representing the Street Vendors in the area of the Local Authority.
(1) Subject to the directions of the Government, Co-operative Election Authority, Karnataka shall supervise,_ direct and control the conduct of election of the members of a Town Vending Committee representing the street vendors.
(2) The local authority shall b�, a 11.otification express its intention to condt:.ct elections for the members of a town vending committee representing the street vendors of the area under the jurisdiction of the local authority.
(3) The Co-operative .. Election Authority shall appoint a returning officer for the purpose of conducting the elections of members of a town vending committee representing the street vendors of the area under its jurisdiction.
(4) The Co-operative Election Authority, Karnataka shall by order determine the date, time and place for conduct of elections.
(5) The notice of th� �rder or decision of the Co-operative Election Authority, Karnataka shall be circulated among the street vendors engaged in the vocation of street vending in the area of concerned Local Authority where election is to be conducted by any of the following modes, namely:-
(a) by public notice to be published in two prominent daily new�papers in Kannada or such other language;
(b)by local delivery;
( c) by post under certificate of posting;
(d}by speed post or courier services, duly registered with competent authority as well as oz:i the notice board of the returning officer; and such notice shall contain information regarding,- : ... _,.- . ...
(i) the number of members to be elected including seats reserved for representatives of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities, women, persons with disabilities or any other specified categories;
(ii) the date on which, the place at which and the hours between whiclrnomination papers shall be filed, such date being not less than seven clear days before the date fixed for clecL.ion or if that day happens to be public holiday, the next succeeding day \\1hich is not a public holiday;
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Explanation.- The term "public holiday" means any day which is a public holiday under section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881) or any day which has been notified by the Government to be a public holiday for offices under the Government;
(iii) The date and the hour for scrutiny of the nomination papers
(iv) 1:he date, place, hours of polling.
(6) As specified in sub-rule (2) of Rule 6, the local authority shall provide voters list to the Co-operative Election Authority, Karnataka.
(7) The nominations of the candidates for election shall be made in Form-I annexed t9 this Schedule which shall be supplied by the returning officer to any applicant street vendor, free of cost.
(8) 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 more than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.
(9) 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 sh�ll immediately give a written acknowledgem�nt for the receipt of the 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.
(10) (i) On the day following the date fixed for the receipt o� nomination papers, the returning officer shall take up the s�rutiny. of the norpination papers.
(ii) The returning officer shall examine the nomination papers and decide objections, 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 � . ...... .. .. � ........ ..
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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 paragraph 6 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 as the case may be, and if the nomination paper is rejected, he shall !"ecord in writing a brief statement of his reasons for such rejection;
(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 cayses beyond his control.
{11) The list of valid nominations as decided by the returning officer with names in Kannada alphabetical order and addresses of the candidates as given in the nomination papers will be displayed or published on the same day on which the scrutiny of the nomination papers is completed.
{12) 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 05.00 pm on the day following the day on which the valid nominations are published, to the returning officer and a notice of withdrawal of candidates once given shall be irr�vocable. · {13) If 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 eiected. to the Town Vending Committee after the closing hour of the day of withdrawal .of candidatures fixed under parag�aph 10 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the returning officer shall arr:ange for conducting a poll on the date fixed for the pl;lrpose. The returning officer may appoint one or more polling officers as may be necessary for conducting the poll. Ballot paper to be used shall be as prescribed in Form-II annexed .to this Schedule.
{14) The local authority shall provide the returning office 1vvilh ballot boxes, ballol 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 .
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20 shall be so constructed that ballot papers can be inserted therein b 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 both where polling is held to identify the voters and to watch the recording of votes and such letter shall contain the consent in writing of the agent concerned in Form-Ill annexed to this Schedule.
(15) Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.
(16) If the Returning officer thinks that it is necessary to con.duct the election in more than one place in the Local Authority area, he will appoint Presiding Officer and other Polling staff as required in the Local Authority area.
( 1 7) Immediately before the commencement of the poll, the returning officer r or the Presiding 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.
( 18) 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 Kannada alphabetical order either printed, type written or cyclostyled; according to con'{enience, 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 inscribe a mark 'x' against the names of persons to whom he wants to vote.
(19) Each polling station and where there is more than one polling booth at a stqtion, .each such booth shall contain a separate compartment in which the street vendors or voters can record their votes in secrecy.
(20) 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 Lo him. On receipt of such ballot paper the street vendor or voter shall proceed to the polling comparlment set apart for the purpose and indicate the person or persons in whose favor he exercises his vote by inscribing a mark 'x' against the names of the candidate or- candidates, as the case may be, and put the ballot paper in the ballot box kept for the purpose with utmost secrecy. If 0\1-ring to blindness or other physical infirmity or illiteracy, lhe street vendor or voter is unable to inscribe the mark on Lhe ballot paper, the - ·r 21 polling officer and where no such polling officer is .appointed, the returning officer shall ascertain from him the candidate or candidales in whose favour he desired to vote, inscribe the mark 'x' on his behalf and put the ballot paper in the ballot box.
(21) 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 shall have the power to stop the polling, recording his reasons for such action in the minute oook of the Town Vending Committee.
(22) 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 to vote.
(23) The counting of votes shall take place immediately after close of the poll.
If this is not possible, the ballot box shall be sealed with the seal of the returning officer or Presiding officer and the contesting candidates or their agents, if they so desire, and deposit with the local authority for safe custody, the returning officer shall then announce the next day of counting. The votes shall be coun�ed by or under the supervision of the returning officer. Each candidate and his authorized agent shall have a right t� be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcen1ent of results . by returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over.
(24) The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by returning officer and shall alsC? be notified immediately on the notice board of the Town Vending Committee.
(25) In case of equality of votc·s, the returning officer sha_ll declare the election result by tossing coin.
(26) The ballot paper shall be rejected by the returning officer if,- {i) it bears any mark by which the slreet vendor's identity can be iden tilled;
(ii) it does not bear the seal of the Tov,1n 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 cast ;
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(iv) is so damaged or mutilated that its identity as a genwne paper cannot be established.
(27) After the result of election has been announced, the result of the election and a report thereon shall be communicated to the Municipal Commissioner or the Chief Officer, as the case may be, by the returning officer within three days after the declaration of result.
(28) 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 and the same shall safely be preserved by the local authority till the next election results are available and shall thereafter be destroyed by the local authority and a copy uf the handing over and taking over record of elections shall be sent to the local authority by the returning officer along with his report.
23 FORM I (see Rule 5) (Clause 7 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 vendors ven':iing in the area of jurisdiction of the town vending committee, (Registration/Certificate of Vending No ................................. } here by propose the name of Shri/Smt/Ms .......................... wife/son/daughter of Shri ............................ and a street vendor of the said town vending committee (Registration / Certifitate 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 / Shr . .
R . .
son / daughter of . . 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . egistration . .
I No ............................... of ......................... town Certificate of Vending second the above proposal.
vending committee, hereby Name and Signature of the Seconder. ............................... ..
Registration / Certificate of Vending No ............................ .
DECLARATION BY THE CANDIDATE I, ........................................... wife / son / · daughter of Shri · .............................. Registratjon / Certificate of Vending No ................................ of ·················:··:············· Town vending business committee, hereby agrees to my nomination for the election as Members nf 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 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 7 of 2014) and lhe ................. Street Vendors (Protection o.f Livelihood and Regulation of Street Vending) Rules, 2016 made there under.
�- .• - "IC:. - - - • -•-a.o, I 24 Name and Signature of the Candidate ......................... .
Registration / Certi:ficate __ <?f Vending No ..... · ........................ ..
(FOR OFFICE USE ONLY) Received lhe nomination format ....................... (time and date) Signature of the Returning Officer ................................... .
Seal 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 - -.- ..... '-. . -. -.� -. ·- :.- -· , . ...
25 FORM II (see Rule 5) (Clause 13 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 appended to the Street (Protection of Livelihood arid Regulation of Street Vending Business) Rules, The ...................... Street Vending Committee ......................................... (Address) (Counterfoil) Ballot paper for the Post of .............................. .
Date of Election ............................. .
Sr.No ............... � ............... Registration / Certificate of Vending No.
Sr.
No No ................................... Ballot Paper.
Please mark (x) against one of the candidates.
Name of the Registration I candidate Certificate of Vending No.
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Mark for casting vote 26 FORM III (see Rule 5) (Clause 14 of Schedule) Letter for appointment of Election Agent I Counting Agent I, .................................... son/ wife / daughter of Shri ....................... , street vendor vending in the area of jurisdiction of the town vending committee, (Registration _I Certificate of vending no ...................... ) contesting for election of Member of the said committee, hereby nominate the following person as my election agent / counting agent in lhe election of Members of the said town vending committee to be held on ....................... (specify the date):- Name and Signature of the Candidate ............. ..
Registration / Certificate of Vending No ..................... ..
I, .............. -:-··· .............. son Shri ...................................... address I wife ./ daughter ... am willing to be the election agent/ counting agent.
Signature of the Agent of 27 FORM IV (see Rule 20) . , APPLICATION BY THE AGGRIEVED STREET VENDOR TO THE GRIEVANCE REDRESSAL COMMITTEE Application No ................ of 20 ..... .
................ ; ................. Applicant Vs .............................. Respondent l. Name of applicant:
2. Address for coITespondence:
3. ID number /Vending Certificate Number given by local authority (if issued)
4. Number and Lhe date of issue of Certificate for vending:
5. Place or location of vending:
6. Zone or ward of vending:
7. Natµre of vending:
I. Mobile II. Stationary:
III. Any other (specify):
8. Grievance against which authority:
9. Details of grievance of dispute {Give full details):
10. Documents supporting grievance or dispute:
11. D eclaia tion:
I, .......... .' ..................... the applicant, do hereby solemnly declare that what is stated above is true to the best of my lqlowledge and information and files this application within the time _limit prescribed in the rules.
Place:
Date: Signature of applicant Note: Attach all .the relevant documents �ith this application. If required give full details of grievance of dispute on �he separate pages to be attached with this applicabon.
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28 FORM-V [see Rule 23] APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE TOWN VENDING COMMITTEE
1. Name and address of the applicant Registration number/ case number/ ID
2. number
3. Place -0f vending - (give full details of location, zone ward, etc.)
Nature of vending (Tick
4. the appropriate) -
(a) stationary
(b) mobile
(c) any other category (if other, please specify the category) Date of issue of
5. Certificate of Vending (attach a copy of certificate of vending, if issued} Nature of the order appealed
6. against (Tick the appropriate)
(a) issuance ·or certificate of vending;
(b) cancellation of Certificate of Vending; o� (.c) Suspension of Certificate of Vending.
7. Grounds of appeal (give full details ·and attach more pages if required)
(a) (b}
(c) Signatu��e of appellant 29 DECLARATION I, ...................................... ,the appellant, do hereby solemnly declare that what is stated above is true to the best of my infonnation and belief.
Place:
Date:
Signature of appellant Note.-Please attach all the relevant documents along with the application.
. ' 30 FORM VI (see Rule 23) APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE-GRI-EVANCE }IBDRESSAL COMMITTEE Appeal No . ................. _ ... of 20 ...... s .............................. Appellant Vs ........................... Respondent
1. Name of applicant:
2. Address for correspondence:
3. ID number /Vending Certificate 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 �ard of vending:
7. Nature of vending:
(i) Mobile:
(ii) Stationary:
(iii) Any other (specify):
8. Decision of Grievance Redressal Committee against which appeal 1s preferred:
9. Details and grounds ofAppeal (give full details)
10. Documents supporting Appeal:
11. Declaration I, ........... .-.................................. the applicant, do hereby sokmnly 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: Attach all the relevant documents including 9rder of Grievance Redressal Committee with this appeal. I_f required, to give full reasoning of appeal on the separate pages to· be attached \vith this appeal.
•• •• • : ··- "T" 31 FORM VII (see Rule 27) DETAILS IN THE PERIODICAL ONLINE RETURNS TO BE FURNISHED TO THE STATE GOVERNMENT ................................... (City Corporation or City Municipal Council or Town Municipal Council or Town Panchayat or Cantonment Board) hereby submit the following details in the periodical return for quarter ending ......... � .................... (March of/ June of /September of or December of), 20_.
1. Details of certificates issued, rejected, suspended and cancelled during the quarter.
Details Applications Accepted Rejected Renewed Suspended Cancelled or issued Pending at the beginning of the quarter Newly received Total Cleared during the quarter Pending at the end of the .
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quarter ,
2. Number of newly surveyed street vendors and their complete details including name of streel vendor, 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.
0. 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.
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7. Any other information, as directed by the State Government from time·to time.
(I) Survey- (a] the number o[ street vendors surveyed during;
(b} name of _area and wards where survey work has been completed along with date of completion of survey;
(c} name of area and wards where survey work is in progress along ,vith the date of start of survey and the date of likely completion;
(d) the number of registered street vendors wardwise as on the last day of the year.
(II) :Receipt and disposal of applications for issue of Certificate of Vending- (a] the number of applications (wardwise) received for issue of certificate of vending during the year;
(b} the number of applications (wardwise) disposed of during the year .?f which- (iJ the number of applications accepted;
(ii] the number of applications denied;
(iii} the number of applications pending as on the last day of the year;
(III)Cases �f suspension of Certificate of Vending- (a} the number of cases in which a<;tion for suspension of certificate of ve:nding initiated during the year;
(b) the number of cases of suspension disposed of during the year of which-
(i) the number of certificate of vending were suspended;
.(ii) the number of cases closed and the certificate of vending continued;
(iii) the number of cases pending as on the last day of the year;
(IV) Applications for revocation of suspension of Certificate of Vending-
(a) the number of applications for the revocation of suspension of certificate of vending received during the year;
(b) the number of applications received at (a] above disposed of during the year of which-
(i) the number of applications where suspension revoked and the certificate of vending revalidated;
(j) the number of cases closed and suspension continued • ... · .. :._ 33
(c) the number of applications for revocation of suspension pending as on the last date of the year;
(V} Cases of cancellation of Certificate of Vending-
(a) the number of cases in which action for cancellation of certificate of vending initiated during the year;
(b) the number of cases of cancellation of certificate of vending disposed of during the year of which-
(i) the number of certificates of vending cancelled;
(ii) the number of cases closed and certificate continued;
(c) the number of cases pending on the last day of the year;
(VI} The number of meetings of Town Vending Committee held during the year;
(VII} Ward wise list of vending zones identified along with the details such as ward, area/ colony, road, map of the vending zone, and the holding capacity;
(VIII} Wardwise number of registered street vendors that have been accommodated in the notified vending zones;
(IX} Other activities-(!) (a) the social audit of its activities conducted during the year;
(b) promotional measures taken for ma.king available credit, insurance and other welfare schemes of social security of the street vendors during the year ;
(c) steps taken during the year to raise awareness among the public about the role of street vendors in the economy.
By order and in the name of Governor of Karnataka (Sid�� Deputy Secretary to Government 11- J b / 11 Skill Development, Entrepreneurship and Livelihood Dep�t
1. Accountant General(A&E),G&S.S.A)E&R.S.A) ,Karnataka, Bengaluru
2. Chief Secretary to Government, Vidhana Soudha,Bengaluru (Case No.321/2019)
3. Joint Secretary,Ministry of Skill Development and Entreprenurship, 3rd Floor ,Sharam Shakthi Bhavan, Rafi Marg, New Delhi 34
4. Joint Secretary, DAY_NULM , Ministry of Housing and Urban Affairs ,Ground Floor, Nirman Bhavana, New Delhi
5. Additional Chief Secretary to Govt. & Development Commissioner
6. Secretary to Govt., Finance Department (Exp-9), Vidhana Souda,Bengaluru
7. Secretary, Department of Parliamentary Affairs and Legislation, Vidhana Souda, Bengaluru
8. To All Secretaries/Principle Secretaries/ Addjtional Chief Secretaries
9. Commissioner, BBMP, Bengaluru
10. Commissioner, Industrial Training and Employment, Bengaluru
11. Commissioner, Entrepreneurship and Livelihood,Bengaluru
12. Mission Director, DAY_NULM, Bengaluru 13 Mission Director, Sanjeevini-KSRLPS, Bengaluru 14 Director, Director of Municipal Administration ,VV Tower,Bengaluru
15. Treasury Officer, State Huzur Treasury, Bengaluru
16. Personal Secretary to Minister, Skill Development, Entrepreneurship and Livelihood Department, Bengaluru
17. PS to Secretary, SDEL,Bengaluru
18. Govt. Advocate, High Court of Karnataka ,Benglauru
19. Deputy Secretary to Govt, SDEL,BengaJuru
20. To All Karnataka street Vendors Society (through Mission Director, DAY_MULM)
21. Guard File/Extra Copy - -