( l ) A summary of the scheme notified by the Government in the Second Schedule under sub-section (I) of section 38 of the Act shall be published by the Mun.icipal Commissioner of each Local Authority by means of a public notice given in two prominent daily newspapers one of which shall be in a newspaper in the local language and circulated in the area for being widely known in the area or locality of its jurisdiction which is likely to be affected�ereby.
(2) The notice shat! be "signed by the Municipal Commissioner of the Local Authority or by an officer authorized by him in this behalf.
(3) The notice shall be in such language or languages as the Municipal Commissioner of the Local Authority may specify in this behalf.
These issues with the concurrence of the Finance Department vide their 1.0. Note No. 4083/F4/2015, dated 7-4-2015 and Planning and Research Department vide I.D. Note No. 2558/Sec./Plg./PA/15, dated 29-4-2015.
(By order of the Lieutenant-Governor) P. JAWAHAR, l.A.S., Secretary (Local Administration) .
. .
..
PART-JI] LA GAZETTE DE L ETAT
SCHEDULE-I (See rule 14) ' 19 Procedure for the conduct of Election:, of Members of a Town Vending Committee representing the Street Vendors in the Area of the Jurisdictio o thereof I. The Local Authority concerned � hall supervise, direct and control the conduct elections of tbe Members of a Town Vending Committee representing the street vendors i�1 the area of its jurisdiction.
2. As soon as the notification expr1:ssing the intention of the Local Authority to conduct elections for rr embers of a Town Vending Committee representing the street vendors has been issued under sub-rule (I) of rule 13 and a Returning Of1icer bas been appointed for conducting the elections under sub-ruler 2) of that rule, the local authority shall by a resolution determine I he date, time and place for conduct of elections.
3. The notice of the resolution deci;ioo of the Local Authority shall be circulated among the street vend .)rs engaged in the vocation.
of street vending in the area of jurisdi,;tion of the Town Vending Committee, by any of the following mod,:s, namely:-
(a) By public notice to be publisbed in two prominent daily newspapers in Tamil, English or such other language as the local authority thinks fit;
(b) By local delivery;
(c) By post under certificate of po�ting;
(d) By speed post or courier ser ,ices, duly registered with competent authority a;; well as on rbe notice-board of the Returning Officer. The notice shall contain the information regarding: -
(i) The number of members to be elected including seats reserved for representatives of Scheduled Castes, Other Backward Classes, women, persons with disab· lities, minorities or any other specified categories.
(ii) The date on which the place at which aod 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 a public holiday the next succeeding day which is not a public holiday.
20 LA GAZElTE DE L'ETAT [PART,-ll
Explanation.- The te · m "public holiday" means any day which is a public holiday under seC'I ion 25 of the Negotiable Lnstrurnents Act, 1881 (Central Act XXVI of 881) 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 scrutinization of the nomination papers.
(iv) The date, place and hours of polling.
4. 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 nl)(ninations and publish copies of the said list by affixing them upon tl e notice-board at the Office of the Town Vending Committee, not Jess than ten days prior to the date fixed for inviting nominations. The li.s t shall specify tbe registration number of certificate of vending and th:: 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 Conmittee 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 hand over such records register 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 Returning Officer, as the case may be, to any street vendor on payment of su,;h fee as specified by the Local Authority.
5. The nominations of :lie candidates for election shall be made in Form- I which shall be supplied by the Returning Officer to any street vendor free of cost (F<•rm-1 is enclosed with this schedule)
6. The candidate shall :nake a security deposit of rupees two thousand in Cash or Bank De nand Draft or Pay Order alongwith the nomination papers. If, a cand date fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the Local Authority.
7. Every nomination pap�r shall be presented in person by the candidate himself or by his proposer or seconder to the Returning Officer. Tbe Returning Officer shall enter on the nomination paper its serial number and certify the cl 1te and hour at which the nomination is received by him and shall immediately give a written acknowledgement for the receipt of the nominatio.1 paper which shall bear the seal of the
PART-II] LA GAZETTE DE L'ETAT 21 Town Vending Committee/Returning Officer. Any nemination paper which is not received on or before the date and time fixed for its receipt shall be rejected.
8. (i) 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:
(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:
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 bis proposer or seconder, as entered in the list of street vendors referred to in clause (iv) if, the identify 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, be shall record 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 causes beyond his control.
9. The list of valid nominations as decided by the Returning Officer with names io the local language in alphabetical order and addresses of the candidates as given in the nomination papers will be displayed/published on the same day on which the scrutiny of the nomination papers is completed The Government may prescribe the procedure in this regard.
I 0. Any candidate may withdraw bis 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 p.m. oo 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 candidates once given shall be irrevocable.
22 LA GAZETTE DE L'ETAT [PART-II
11. 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 elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidature fixed under clause ( I 0) above. If, the number of candidates whose nomination are valid, exceeds the number to be elected, the Returning Officer shall arrange for conducting a 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. Ballot paper to be used shall be prescribed in Form-2 annexed to this Schedule.
12. The Local Authority shall provide the Returning Officer with ballot boxes, ballot papers, copy of list of street vendors voters and such other articles as may be necessary for the conduct of elections.
The ballot box shall be so constructed 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 both where polling is held to ideotjfy the voters and to watch the recording of votes. Such Jetter shall contain the consent in writing of the agent concerned in Form-3 annexed to this schedule.
13. Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.
14. Immediately before the commencement of the poll, the Returning Officer sball 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 seal, if, he so desires.
15. Every street vendor/voter who desires to exercise his right to vote shall be supplied with a ballot paper containing the names 9f contesting candidates arranged in the Alphabetical order in local language either printed, typewritten 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 inscribe a mark (x) against the names of persons to whom he wants to vote.
16. Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment io which the street vendors/voters cao record their voces secretly.
PART-JI] LA GAZETTE DE L'ETAT 23 " 17. No ballot paper shall be issued to a street vendor/voter unless the Polling Officer is satisfied that the street vendor/voter concerned is the same person as noted in the list furnished to him. On receipt of such ballot paper, the street vendor/voter shall proceed to the polling compartment set apart for the purpose and indicate the 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 put 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/voter is unable to inscribe the mark on the ballot paper, the Polling Officer and where no sucb Polling Officer is appointed, the Returning Officer shall ascertain from him, the candidate or candidates in whose favour be desires to vote, inscribe the mark (x) on bis behalf and put the ballot paper in the ballot box.
18. 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 book of the Town Vending Committee.
19. No street vendor/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.
20. 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 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. Tbe votes shall be counted by or under the supervision of the Returning Officer. Each candidate and bis aumorized 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 saaJl not vitiate counting and announcement 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.
21. The result of tbe elections shall also be recorded in the minute book of the Town Vending Cornm.ittee and attested by Returning Officer and shall also be notified immediately on the notice-board of the Town Vending Committee.
24 LA GAZETTE DE L'ETAT [PART-II
22. In case of equality of votes, the Returning Officer shall declare the election result by tossing coin.
23. The pallot 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 oot 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 menner as to make it doubtful to which candidate the vote bas been cast;
(iv) is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
24. After fhe result of election bas been announced, the result of the election and a report thereon shall be commuojcated to the Local Authority as well as to the Government by the Returning Officer within three days after the declaration of result.
25. 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 off, whichever is later and shall thereafter be destroyed by the Local Authority and a copy of the handing over and taking over record of elections shall be sent co the Government as well as to the Local Authority by the Returning Officer alongwith bis report.
26. Power to remove difficulties.- (l) If, any difficulty arises in giving effect to the provisions of the Act and Rules, the Government may, by order published in the Official Gazette make such provisions not inconsistent with the provisions of the Act and Rules, as appear to it to be necessary or expedient for removal of the difficulty.
(2) Every order made under this rule shall, as soon as may be, after it is made, be laid before the Legislative Assembly of the Union territory of Puducherry.
PART-I!]
To LA GAZETTE DE L'ETAT
SCHEDULE-I (See rule 14) FORM-I Nomination Form for Election of Members of Town Vending Committee The Returning Officer, Town Vending Commmee.
Sir, 25 I, ............ ..................................... . ... ....... wife/son/daughter of Sbri ................. . ................................. , (Street vendor, vending in the area of jurisdiction of the Town Vending Committee). Registration Certificate of Vending No . .............................. ) bereby 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. ........... ........ .. . .... . .......... J as a candidate for the post of Member of the said Comminee for the election to be held 00 ............................... .
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, bereby second the above proposal.
Name and Signature of the Seconder.
Registration/Certificate of Vending No . ....................... .
26 LA GAZETTE DE L'ETAT [PART-II DECLARATION BY THE CANDIDATE I, ................................... wife/soc/daughter of ............................. .
Shri . ................................................................ Registration/Certificate of Ve_nding No. of ...................................................... Town Vending Committee, hereby agree to my nomination for the election as Member of the ...................................... Town Vending Committee.
I, further declare that-
(i) I am not an employee of the said Town Veading Committee.
(ii) I am eligible to vote.
(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 the Puducherrv Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015 made thereunder.
Name and Signature of the Candidate Registration/Certificate of Vending No . ..................................... .
(For Office Use Only) Received the Nomination Form .......................... at ........ a.m./p.m.
on ................................... .
Signature of the Returning Officer ................................... .
Seal.
A CKNOWLEDGMENT Received the Nomination Form of ................................. presented by Shri./Smt./Ms. ..................................... candidate/proposer/seconder for election at.. .................................. a.m./p.m. 00 ................................... .
Signature of the Returning Officer. .................................. .
Seal.
.,
PART-11] LA GAZETTE DE L'ETAT 27
SCHEDULE-I (See rule 14) FORM-2 (Clause 11 of Schedule-!)
Ballot Paper for Eelectioo of Member of a Town Vending Committee Ballot paper of elections of Members of a Town Vending Committee whose elections are to be conducted under Schedule L appended to rule 17 of the Puducberry Street Vendors (Protection of Livelihood and Regulation of SLrect Vending) Rules, 2014.
SI.
No.
(I) The ..................................... Street Vending Committee ... . ............ .. ................................................ (Address) (Counterfoil) Ballot paper for the Post of ........ .......................... .
Date of Election .................................. .
Sl.No ...................................... Rtgist, ation/Cert1ficate of Vending No ..................................... ballot Pa,,er Please mark (x) against one of the c rndidate.
Name of the candidate
(2) Reg,st ration/ care of ng No.
Ceni fi Venc1i I 3) Mark for casting vote ( 4) 28 LA GAZETTE DE L'ETAT
SCHEDULE-[ (Se? rule 14) FORM-3 (Clause 12 of Schedule-[) [PART-IJ I, .................................................................. , son/wife/daughter of Shri . ......................................... .. ... Street Vendor vending in the area of jurisdiction of the Tow,1 Vending Comminee, (Registration/ Certificate of Vending No. . .............................................. (contesting for election of Member of the said Committee, hereby nominate tbe foUowiog person as my election/ ;ountiog Agent in the election of Members of the said Town Vending Co0tmirtee to be held on ............................ .
(specify the date).
Name and signa1 ore of the Candidate Registratioo/Ce1"tificate of Vending No . ........................ .
I, ............ ................... ................................ son/wife/daughter of Shri .............................................................................................. ..
address ................................ ............. ....... ........................................... ..
am wi11ing ro be the electic n Agem/counttog Agent.
Name and Signature of the Agent.
PART-II] LA GAZETTE DE L'ETAT FORM-'A' (See rule 7) 29 Application to the Grievance Redressal and Dispute Resolution Committee for the Redressal of Grievance or Resolution of Dispute of Street Vendors
1. Name and address of tbe applicant
2. Registration number/Case number/ID number
3. Place of vending (give full details of location, :
zone, ward, etc.,).
4. Nature of vending (Tick tbe appropriate)-
(a) Stationary (a)
(b) Mobile (b)
(c) Any other category (if other, please specify : (c) the category).
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issued).
6. Grounds of redressal of grievance or resolution of dispute (give full details and attach more pages, if required).
DECLARATION Signature of applzcanr.
I. ........................................... the applicant, do hereby solemnly declare that what has been stated above is true to the best of my information and belief.
Place:
Date Signature of applicant.
Nore: Please attach all the relevant documents alongwith the application.
30 LA GAZETTE DE L'ETAT (PART-II FORM-'B' (See rule 9) Appeal to the Local Authority against the decision of the Grievance Redressal and dispute Resolution Committee l. Name and address of t}ie appellant
2. Registration number/Case number/ID number
3. Place of vending (give full details of location, zone, ward, etc.,).
4. Nalure of vending (Tick the appropriate)--
(a) Stationary (a)
(b) Mobile (b)
(c) Any other category (if other, please specify (c) the category).
5. Decision of the Committee (attach the copy of the decision of the Dispute Redress Committee, giving
(a) the number of the decision; and
(b) the date of the decision)
6. Grounds of appeal (give fulJ details and attach more pages, if required).
.
- Signature of appellant.
DECLARATION I ............................................ the appellant, do hereby solemnly declare that what has been stated above is true to the best of my information and belief.
Place:
Date Signature of appellant.
Note: Please attach all the relevant documents alongwith the appeal.
I.
PART-II] LA GAZETTE DE L'ETAT FORM-'C' (See rule 10) 31 Appeal to the Local Authority against the decision of the Grievance Redressal and Dispute Resolution Committee
1. Name and address of the appellant
2. Registration number/Case number/ID number
3. Place of vending (give full details of location, :
zone, ward, etc.,).
4. Nature of vending (Tick the appropriate)-
(a) Stationary (a)
(b) Mobile (b)
(c) Any other category (if other, please specify : ( c) the cntegory).
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issued).
6. Nature of the order appended against (Tick the appropriate)- (a)
(a) Issuance of certificate of vending
(b) Cancellation of certificate of vending (b) or
(c) Suspension of certificate of vending (c)
7. Grounds of appeal (give full details and attach more pages, if required).
Signature of appellant.
DECLARATION I. ........................................... the appellant, do hereby solemnly declare that what bas been stated above is true to the best of my information and belief.
Place:
Date Signature of appellant.
Note: Please attach all the relevant documents alongwith the appeal.
online publication at "http://styandptg.puducberry.gov.io" Government Central Press Directorate of Stationery and Printing Puducberry-605 009.