If any difficulty 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 Government thereon shall be final.
15, April, 2019 The Nagaland Extra ordinary Gazette, 13
SCHEDULE (See Rule 6) Manner of Selection/Nomination of the members of Town Vending Committee from amongst the street vendors:-
1. The local authority shall by a Notification/Order express its intention to conduct selection/nomination for the members of a Town Vending Committee representing the street vendors of the areas under the jurisdiction of the local authority.
2. The local authority shall appoint the Chief Executive Officer/Executive Officer/Administrator/Chairman of the Municipal Council/Town Council for the purpose of conducting the selection/nomination of members of the Town Vending Committee representing the street vendors of the area under its jurisdiction.
3. The CEO/Executive Officer/Administrator/Chairman of MC/TC shall conduct the selection/nomination for the members of the Town Vending Committee from amongst the street vendors in the manner provided herein under Clause 2.
4. A mobile vendor, stationary vendor or street vendor shall be disqualified to be selected/ nominated as 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.
5. The local authority shall supervise, direct and control the selection/ nomination of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.
6. 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 newspaper 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) The CEO/Executive Officer/Administrator/Chairman of MC/TC shall publish/notify information regarding:- i) the number of members to be selected/nominated 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 selection/ nomination papers shall be filed, such date being not less than 7 (Seven) clear days before the date fixed for selection/ nomination or if that day happens to be public holidays, 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 selection.
7. 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 14 The Nagaland Extra ordinary Gazette, 15, April, 2019 on 30 (Thirty) days before the date fixed for inviting the selection/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 10 (Ten) days prior to the date fixed for inviting selection/nominations. The list shall specify the registration number, certificate of vending and the name of the street vendor, the name of the 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 local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the CEO/Executive Officer/Administrator/Chairman MC/TC may require and hand over such records or register to the CEO/Executive Officer/Administrator/Chairman MC/TC 30 (Thirty) days prior to the date fixed for the purpose of the selection/nomination. A copy of the list shall be supplied by the Town Vending Committee or the local authority or CEO/Executive Officer/Administrator/Chairman MC/TC, as the case may be, to any street vendor on payment of such fee as specified by the local authority.
8. The nominations/application of the applicant/candidates for selection/ nomination shall be made in Form-I which shall be supplied by the CEO/Executive Officer/Administrator/Chairman MC/TC to any street vendor free of cost.
9. The candidate/ applicant shall make a security deposit of Rs.2000/- (Rupees Two Thousand) in cash or bank draft or pay order along with the nomination/application papers. If a candidate / applicant fail to get less than one sixth of the votes, the security deposit shall be forfeited to the local authority.
10. Every nomination/application paper shall be presented in person by the candidate/applicant himself or by his proposer or seconder to the CEO/ Executive Officer / Administrator / Chairman MC/TC. The CEO / Executive Officer/ Administrator/ Chairman MC/TC shall enter on the nomination/application paper its serial number and certify of date and hour at which the nomination/ application is received by him and shall immediately give a written acknowledgement for the receipt of the nomination/application paper which shall bear the seal of the Town Vending Committee or CEO/Executive Officer/Administrator/Chairman MC/TC.
11. (i) On the day following the date fixed for the receipt of nomination/application papers, the CEO/Executive Officer/Administrator/Chairman MC/TC shall take up the scrutiny of the application papers.
(ii) The CEO/Executive Officer/Administrator/Chairman MC/TC shall examine the application 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 CEO/Executive Officer/Administrator/Chairman MC/TC thinks necessary, reject any application:-
Provided that the nomination/ application of a candidate/applicant 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.
15, April, 2019 The Nagaland Extra ordinary Gazette, 15
(iii) The CEO/Executive Officer/Administrator/Chairman MC/TC shall give all reasonable facilities to the candidates/ applicant or the proposer or seconder as the case may be, to examine all the nominations/application papers and to satisfy themselves that the inclusion of the name of the candidates is valid.
(iv) The CEO/Executive Officer/Administrator/Chairman MC/TC shall endorse on each nomination/application paper his decision accepting or rejecting the same and if the nomination/application paper is rejected he shall record in writing a brief statement of his reasons for such rejection.
(v) The CEO/Executive Officer/Administrator/Chairman MC/TC 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.
12. The list of valid application as decided by the CEO/Executive Officer/Administrator/Chairman, MC/TC with names in English alphabetical order and addresses of the candidates as given in the application papers shall be displayed or published on the same day on which the scrutiny of the application papers is completed.
13. Any candidate/applicant may withdraw his candidature/application by notice in writing signed by him and submitted in person, at any time after the presentation of his nomination/application paper but before 05.00 pm on the day following the day on which the valid application are published, to the CEO/ Executive Officer/ Administrator/ Chairman MC/TC, Town Vending Committee. A notice of withdrawal of candidature/application once given shall be irrevocable.
14. Where the number of candidates/applicant whose nomination papers have been declared valid, does not exceed, the number of candidates/applicant to be nominated/selected, the CEO/Executive Officer/Administrator/Chairman MC/TC shall announce the names of all such candidates/ applicant and declare them to have been duly selected/nominated to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures/application fixed under Clause 13 above. Where the number of candidate/applicant whose applications are valid exceeds the number to be selected, the CEO/Executive Officer/Administrator/Chairman MC/TC shall fix a date for the purpose.
15. The result of the selection shall also be recorded in a minute book of the Town Vending Committee and attested by the CEO/Executive Officer/Administrator/ Chairman MC/TC and shall also be notified immediately on the notice board of the Town Vending Committee.
16. After the result of selection has been announced, the result of the selection and a report thereon shall be communicated to the local authority as well as to the State Government by the CEO/Executive Officer/Administrator/Chairman MC/TC, within 3 (Three) days from the date of declaration of the result.
16 The Nagaland Extra ordinary Gazette, 15, April, 2019 FORM-I [See Rule 6] (Clause 8 of Schedule) APPLICATION/NOMINATION FORM FOR SELECTION/NOMINATION OF MEMBERS OF TOWN VENDING COMMITTEE To, The CEO/Executive Officer/Administrator/Chairman, MC/TC ………………………… 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. ………………) here by purpose 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 said Committee for the Selection to be held on…………………… Name and Signature of the Proposer…………………………… Registration / Certificate of Vending No. ………………………..
DECLARATION BY THE APPLICANT/ CANDIDATE I ………………………………., wife/ son / daughter of Shri.…………………..…….Registration / Certificate of Vending No.……….of ……… Town Vending Committee, hereby agrees to my selection/ nomination as Member of the Town Vending Committee.
I further declare thati. 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 selection/nomination 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 the Nagaland Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2019 made there under.
Name and Signature of the Applicant/Candidate……………………….
Registration / Certificate of Vending No.………….......
(FOR OFFICE USE ONLY) Received the application ……………………… (time and date) Signature of the CEO/Executive Officer/Administrator/Chairman, MC/TC ……………………………..
ACKNOWLEDGEMENT Received the Application Form of ………… presented by Shri/Smt/Ms …………………… Applicant/Candidate/Proposer/ Seconder for selection at …… a.m. / p.m.
Signature of the CEO/Executive Officer/Administrator/Chairman, MC/TC …………………………….
Seal 15, April, 2019 The Nagaland Extra ordinary Gazette, 17 FORM-II [See Rule 19] APPLICATION BY THE AGGRIEVED STREET VENDOR TO THE GRIEVANCE REDRESSAL COMMITTEE Application No. ……………..of 20…….
………………………………Application 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 :
I,_____________________________________, the applicant, do herby 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.
Place:
Date: Signature of applicant Note: Attach all the relevant documents with this application. If required, to give the full details of grievance on the separate pages to be attached with his application.
18 The Nagaland Extra ordinary Gazette, 15, April, 2019 FORM-III [See Rule 22] 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 the applicant:
2. Address for correspondence:
3. ID number given by local authority (if issued):
4. Number and the date of issue of certification for vending:
5. Place or location of vending:
6. Zone or Ward of vending:
7. Nature of vending:
1. Mobile:
2. Stationary:
3. 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 and grounds of Appeal (give full details):
10. Documents supporting Appeal:
11. Declaration:
I, ___________________________________________, the applicant, do hereby solemnly declare that what is stated is true to the best of my knowledge and information and files this appeals within the time limit prescribed in the rules.
12. Place:
13. Date:
Signature of appellant Note: Attach all the relevant documents including order of town vending committee with this appeal. If required, to give full reasoning of appeal on the separate pages to be attached with this appeal.
15, April, 2019 The Nagaland Extra ordinary Gazette, 19 FORM-IV [See Rule 23] APPEAL BY THE AGGRIEVED STREET VENDOR TO THE LOCAL AUTHORITY AGAINST DECISION OF THE GRIEVANCE REDRESSAL COMMITTEE Appeal No…………………. of 20…………..
………………………………………….. Appellant Vs ………………………………………… Respondent
1. Name of the applicant:
2. Address for correspondence:
3. ID number given by local authority (if issued):
4. Number and the date of issue of certification for vending:
5. Place or location of vending:
6. Zone or Ward of vending:
7. Nature of vending:
4. Mobile:
5. Stationary:
6. Any other (specify):
8. Decision of Grievance Redressal Committee against which appeal is preferred:
9. Details and grounds of Appeal (give full details):
10. Documents supporting Appeal:
11. Declaration:
I, ___________________________________________, the applicant, do hereby solemnly declare that what is stated is true to the best of my knowledge and information and files this appeals within the time limit prescribed in the rules.
Place:
Date: Signature of Appellant Note: Attach all the relevant documents including order of town vending committee with this appeal. If required, to give full reasoning of appeal on the separate pages to be attached with this appeal.
20 The Nagaland Extra ordinary Gazette 15, April, 2019 FORM-V [See Rule 26] DETAILS IN THE PERIODICAL RETURNS TO BE FURNISHED TO THE STATE GOVERNEMENT ______________________________Municipal Council or Town Council hereby submit the following details in 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 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 directed by the State Government from time to time.
2. This is issued with the approval of State Cabinet in its meeting held on 19.02.2019 Communicated vide O.M. NO.CAB-2/2013(Pt) dated 28.02.2019.
Sd/- S. NYANBEMO TSANGLAO Secretary to the Government of Nagaland Urban Development Department & Chairman, SUDA (DAY-NULM) Kohima: Printed and published by the Directorate of Printing & Stationery, Nagaland (Ex-Gazette) No. 37/150+50/15-04-2019