(1) Any person aggrieved by any order/ decision of the Town Vending Committee with regard to issue of certificate of vending or cancellation or suspension of certificate, may appeal to the chairperson of the local authority concerned, within thirty days from the date of order or decision of the Town Vending Committee, in Form-C.
(2) The chairperson of the local authority concerned shall dispose the appeal within thirty days from the date of filing of appeal and shall make a speaking order while either accepting or rejecting appeal after giving a personal hearing to the appellant as well as the Town Vending Committee.
(3) Any person who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the chairperson of the local authority concerned in Form-D within thirty days from the date of order of the Grievance Redressal Committee. A copy of the order of the Grievunce Redressal Committee against which appeal is being preferred shall be appended with the appeal.
(4) On receipt of the appeal, the chairperson of the local authority concerned shall issue a notice to the parties concerned intimating the date and time of hearing.
(5) The parties shall appear before the chairperson of the local authority concerned on the date fixed for hearing which shall not be later than thirty days from the date of filing of appeal.
(6) The chairperson of the local authority shall pronounce its order, within forty five days, after final hearing of both the parties.
First Schedule [See Rule 4(3) (i)] Procedure for election of representatives of street vendors
1. For the purpose of conduct of first-election of representatives of street vendors when the Town Vending Committee is not in existence and no official register of street vendors is available with the local authority, the Election Officer will ask the associations of the street vendors, if any, in existence in the local area of a local authority, to supply the up-to-date fist of its members. Where there are no associations, the Election Officer shall call for a general meeting of street vendors through the local authority and enlist them for election purposes.
2. For the purposes of first such election, on receipt of such fist, the Election Officer shall publish such fist on its notice board and ask the members of the street vendors to file objection, if any. by a date specified by him. Alter hearing objections, if any, received by the date fixed or specified by him, he may declare the fist as final for the purpose of election of representatives of street vendors to be made as members of Town Vending Committee.
3. The final fist, so declared at para 2 above, will be the electoral roll for the purposes of election.
4. The Election Officer shall fix the time, date and venue for holding election and call upon the electorates through their associations/ unions to participate in the process of electing of representatives of street vendors to be appointed as members of Town Vending Committee. When the street vendors assemble at the venue on the date and time fixed, he shall call upon the street vendors present there to propose the names of persons to be elected as their representatives. A simple procedure of proposer and seconder may be adopted in an open house meeting and where more names are proposed and seconded than the number of persons required to be elected, the Election Officer shall give the candidates time to withdraw from contest and when by that process, and after withdrawal of candidature from the contest only such number of candidates remain as are required to be elected, he may then and there declare them as elected. If the number of candidates is more than the persons to be elected, he shall distribute voter slips duly printed or typed with the name of each candidate thereon and ask the electors to cast their secret voting choice by affixing a seal against the name of the candidate.
When this process is over, the votes polled shall be counted by the team of polling staff engaged by the Election Officer. This will be under the direct control and supervision of the Election Officer. When all the votes polled are counted and voter choice is known, a fist depicting number of votes received by each candidate, in descending order will be prepared and required number of candidates may be declared as elected by the Election Officer and a certificate to that effect shall be issued by the Election Officer.
5. All sheets of paper on which the proceedings of election were held as well as fist of members who attended and cast their votes and the ballot slips shall be sealed in an envelop by the Election Officer and deposited in the office of the Collector and shall be preserved for six months.
6. Any dispute as to such election can be raised before the Collector within 15 days from the date of declaration of election result. The Collector shall decide the same in a summary manner at the earliest time and his decision thereon shall be final.
Second Schedule [See Rule 4(3)(ii)] Procedure for elections representative of Street Vendors
1. The Election Officer shall conduct elections of the members of a Town Vending Committee representing the street vendors in the area of a local authority.
2. As soon as the notification expressing the intention of the State Government to conduct elections for members of a Town Vending Committee representing the street vendors has been issued the Election Officer shall determine the date, time and place for conduct of elections, if not specified by the State Government.
3. The notice of election 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 in Hindi language;
(b) affixing on the notice board of the Election Officer.
4. The notice shall contain information regarding, -
(i) the number of members to be elected category wise;
(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;
Explanation. - The term "public holiday" means any day which is a public holiday under Section 25 of the Negotiable Instruments Act, 1881 (Central Act No. XXVI of 1881) or any day which has been notified by the State Government to be a public holiday
(iii) the date and the time for scrutinisation of the nomination papers; and
(iv) the date, place, and time of polling.
5. 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 them upon the notice board at the office 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/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 of the local authority, as the case may be, to bring upto-date register of street vendors and such other register as the Election Officer may require and hand over such records or registers to the Election 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 Election Officer, as the case may be, to any street vendor on payment of such fee as specified by the local authority.
6. The nominations of the candidates for election shall be made in Form-E which shall be supplied by the Election Officer to any street vendor, on the cost price thereof as fixed by the local authority.
7. The candidate shall make a security deposit of rupees two thousand in cash or bank draft or order payable to the local authority concerned along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.
8. Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the Election Officer. The Election 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 immediately give a written acknowledgement for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee and the Election Officer. Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected.
9. (i) After the receipt of nomination papers, the Election Officer shall take up the scrutiny of the nomination papers;
(ii) The Election Officer shall examine the nomination papers and decide objections, if any, be made by any person in respect of any nomination, either on such objection, or on his own motion and after such summary inquiry, if any, as the Election Officer thinks necessary, reject any nomination:
Provided that the nomination of a candidate shall not be rejected merely on the ground of a 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 4 if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt.
(iii) Contesting candidates or the proposer or seconder may examine the nomination papers with reference to the electoral roll i.e. the list of street vendors.
(iv) The Election 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 record in writing a brief statement of his reasons for such rejection;
(v) The Election 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;
10. The list of valid nominations as decided by the Election Officer with names in english alphabetical order and addresses of the candidates as given in the nomination papers shall be displayed/published on the notice board of Town Vending Committee and the Election Officer on the same day on which the scrutiny of the nomination papers is completed.
11. 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 Election Officer of the Town Vending Committee. A notice of withdrawal of candidates once given shall be irrevocable.
12. If the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected, the Election 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 candidatures fixed under clause 11 above. If the number of candidates whose nominations are valid exceeds the number to be elected, the Election Officer shall arrange for conducting a poll on the date fixed for the purpose. The Election 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-F
13. The local authority shall provide to Election Officer ballot boxes, ballot papers, copy 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 contesting candidate may, appoint an agent in Form-G to represent him where polling is held to identify the voters and to watch the recording of votes. Such form shall contain the consent of the agent.
14. Canvassing by any person at the place where elections are to be conducted shall be prohibited.
15. Immediately before the commencement of the poll, the Election 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.
16. Every street vendor/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 english alphabetical order either printed type written or photo copied 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 Election Officer, and further contain a column, for the voter to inscribe a mark [x] with the rubber seal supplied by the polling officer against the names of person to whom he wants to vote.
17. 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 vendors/voters can record their votes in secrecy.
18. 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 fist 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 person or persons in whose favour he exercises his vote by inscribing a mark [x] with the rubber seal supplied by the polling officer 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 in unable to inscribe the mark on the ballot paper, the polling officer and where no such polling officer is appointed, the Election Officer shall ascertain from his the candidate or candidates in whose favour he desired to vote, inscribe the mark.[x] on his behalf and put the ballot paper in the ballot box.
19. 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 Election Officer shall have the power to stop the polling, recording his reasons for such action. The Election Officer shall fix another date for polling in such a case.
20. No street vendor/voter shall be admitted after the hours fixed for the poll but a voter, who enters the premise where ballot papers are being issued before the close of the polling hour shall be issued the ballot paper and allowed to vote.
21. 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 Election Officer and the contesting candidates or their agents, if they so desire, and deposit with the local authority for safe custody, the Election Officer shall then announce the next day of counting. The votes shall be counted by or under the supervision of the Election Officer.
Each candidate and his authorised 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 counting and announcement of results by Election Officer. The number of votes secured by each candidate and the result of the elections shall be announced by the Election Officer as soon as the counting is over.
22. The Election Officer shall send the names of elected representatives of street vender to the State Government through the Collector/Sub-Divisional Officer, as the case may be without any delay.
23. In case of equality of votes, the Election Officer shall declare the election result by tossing coin.
24. The ballot paper shall be rejected by the Election 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 Election 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;
(iv) Is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
25. After sending the names of elected representatives of street vendors to the State Government, the complete result of the election and a report thereon shall be communicated by the Election Officer to the local authority as well as to the State Government within three days after the declaration of result.
26. After sending the report of election, the Election 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 the period of six months.
27. Any dispute as to such election can be raised before the Collector within fifteen days from the date of declaration of result. The Collector shall decide the same in a summary manner at the earliest time and his decision thereon shall be final.
Form-A [See Rule 11(3)] Register of registered street vendors S. No Reg.
No.
Name of the Street Vendor with age and father's/h usband's name, address stationary or mobile Vendor male/fe male category Gen/SC/OB C/minority/ disabled period for which certificate is vaild Rene wed up to other informat ion signature of the licensing authority in case of stationary vendor stall Number allotted with descriptio n of place.
(Nature of business, articles being sold) in case of mobile vendor Area of operation with mode and nature of articles being sold 1 2 3 4 5 6 7 8 9 10 Form 'B' [See Rule 16(1)] 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 the 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 the appropriate) -
(a) stationary
(b) mobile
(c) any other category (if other, please specify the category) : (a) ….............................
(b) ….............................
(c) ….............................
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) :
Signature of applicant Declaration I ................ the applicant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date:
Signature of applicant Note. - Please attach all the relevant documents along with the application.
Form C [See Rule 17(1)] Appeal To The Local Authority Against The Decision of The Grievance Redressal and Dispute Resolution Committee
1. Name and address of the 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 the appropriate) -
(a) stationary
(b) mobile
(c) any other category (if other, please specify the category) : (a)
(b)
(c)
5. Decision of the Committee (attach the copy of the decision of the Dispute Redressal Committee, giving,
(a) the number of the decision; and
(b) the date of the decision :
6. Grounds of the appeal (give full details and attach more pages, if required) :
Signature of appellant Declaration I...............the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date:
Signature of Appellant Note. - Please attach all the relevant documents along with the appeal.
Form D [See Rule 17(3)] Appeal To The Chairperson of the Local Authority Against the Decision of the Grievance Redressal Committee
1. Name and address of the 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 the appropriate)- -
(a) stationary
(b) mobile
(c) any other category (if other, please specify the category) : (a)
(b)
(c)
5. Date of issue of certificate of vending (attach a copy of certificate of vending, if issue) :
6. Nature of Grievance :
Signature of appellant Declaration I .......... the appellant, do hereby solemnly declare that what is stated above is true to the best of my information and belief.
Place:
Date:
Signature of appellant Note. - Please attach all the relevant documents along with the appeal.
Form-E [See Clause 5 of the Second Schedule] [Rule 4] Nomination form for Election of Members of Town Vending Committee To The Election 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 .............. 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 seconder of the above proposal.
Name and Signature of the Seconder Registration/Certificate of Vending No. ............................
Declaration by the Candidate I wife/son/daughter of Shri .............Registration/Certificate of Vending No. ss................. of .......................... Town Vending Committee, agree to my nomination for the election as Member of the ............... Town Vending Committee.
I Further declare that -
(i) I am a registered street vendor of the said Town Vending Committee:
(ii) I am eligible to vote:
(iii) I have not incurred any disqualification for election as member of the said Town Vending Committee under the provisions of the Street Vendors (Protections of Livelihood and Regulation of Street Vending) Rules, 2016.
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 Election 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 Election Officer ............
Seal Form-F [See Clause 11 of the second Schedule] Serial No..........
Ballot Paper for Election of Member of A Town Vending Committee Ballot paper for elections of member of a Town Vending Committee whose elections are to be conducted under second Schedule appended to the Rajasthan Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016.
The.......................................... Town Vending Committee..............
(Name of the local authority) please mark [x] against one of the candidate SI.No Name of the candidate Registration/ Certificate of Vending No.
Mark for casting vote (Counterfoil) Ballot paper for the post of .......................................................................
Date of Election .......................................
SI. No. ............ Registration/Certificate of Vending No. ...................................... ballot paper.
Form-G [See Clause 12 of the second Schedule] [See Rule 4] I ......................... son/wife/daughter of Shri .............. street vendor vending in the area of jurisdiction of the Town Vending Committee, ........................... (Registration/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 the 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/wife/daughter of Shri.......................... Address.........................am willing to be the election agent/counting agent.
Name and Signature of the Agent