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Section 10: Appeal from decision of Town Vending Committee

Manipur Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016Central Rules · 2014

(1) An appeal under section 11 against any decision of a Town Vending Committee with respect to issue of certificate of vending .or cancelation or suspension of certi ficate of vending shall be preferred before the appellate authority constituted by the concerned local authority comprising of the Mayor or President as the Chairperson and two other members of the local authority as decided in ·.the General Board meeting, in Form_'C' within thirty days from the date of communication of the order appealed against:

Provided that the appellate authority may condone the delay in case .it is satisfied that appellar:-t was prevented by sufficient cause from preferring the appeal within the prescribed time:

Provided further that in the absence of Chairperson any one of the members designated by the Chairperson may chair the meeting_ of the appellate authority.

(2) The appeal shall be in the form of a memorandum in Form 'C' and shall be signed by the appellant and presented by him in person or through his authorised representative, either in English, Hindi or the local language, as preferred by the appellant

(3) The memorandum of appeal shall be accompanied by the original or certified copy of the order against which appeal is preferred.

( 4) The appeal shall be filed in three sets and accompanied by a fee of rupees two hundred.

(5) );"o appeal shall be entertained unless a copy thereof has been served upon the Town Vending Committee whic}:i had made the order_ .appealed against, prior to filing of such appeal and proof of such service has heen fried along with'the appeal.

11.

(2)

(3) 7 Procedure for disposal of appeals by the local authority.-; (1) The officer or the person authorised in this behalf by the concerned local authority shall make an entry of the appeal in the register kept for the purpose by the concerned local authority with the date on which it was presented.

The appeal shall be put up before the Appellate Authority constituted by the concerned local au�hority which shall fix a date for hearing of the appeal, which shall not be later than fifteen days from the date of filing of the application, and.shall cause a notice of the hearing to be served upon the parties.

The appellate authority shall on the basis of submissions made before it by the parties and the records of the case and on the basis of field enquiry, if any, ordered to be conducted by the appellate authority, pass such order, as it thinks fit, with reasons to be recorded in writing, confirming, modifying or annulling the order appealed against within sixty days from the date ofreceipt of the appeal by the local authority:

Provided that during the hearing of the case, if the appellate authority is satisfied that a situation exists which warrants that an interim relief should be provided, the appellate authority may, until the conclusion of such case or until forther orders, pass such interim orders as it deems necessary.

CHAPTERV TOW� VEl\'DlNG CO-:VLVIITTEE

12. There shall be a Town Vending Committee for each local authority. The Committee chaired by the' Executive Officer of the local authority �hall consist of the following, namely-

(a) 6 (six) representatives of the Street Vendors elected by the Street Vendors from amongst themselves. The election will be arranged by the Local Authority and due reservation in representation shall be made for the SCs, STs, OBCs, minorities ai1d persons with .disabilities (PWDs) as per their population ratios (rounded off to the nearest whole number) in the area of jurisdiction of the local authority. The reservation ..

of two seats for women out of these six seats will be done by draw of lots from the six seats.

(b) one member to be nominated from amongst the members of the local authority recommended by the local authority concerned to the State Government.

( c) the medical officer of the local authority or in case of unavailability, a_med.ical officer serving in a PIIC/CHC situated within the area of jurisdiction of th� local authority as proposed by the local authority.

( d) the officer-in-charge of a police station situated within the area of jurisdiction of the - .

local authority as nominated by the State.

8 ( e) the traffic police officer serving within the area of jurisdiction of the local authority nominated by the State Government.

(f) one representative of the Town Planning Department to be nominated by the State Government.

(g) two members to be nominated by the State Government from amongst the ); on­ Government Organisations and community based organisations.

Proyided that nomination of Government members shall be preferred from amongst persons who are dealing with street vendors or related activities:

Provided further that nomination of members representing non-governmental organisations or community based organisations or resident welfare associations shall be carried out on the basis of such criteria as may be laid down by the Government, after inviting applications, as such, by publishipg the same in at least two local newspapers or publicising in any other manner.

Where this provision sits

ActManipur Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016
Section10
Marginal noteAppeal from decision of Town Vending Committee
JurisdictionCentral
StatusIn force as published by the source

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