(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 certificate 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 30(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 appellant 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.
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(4) The appeal shall be filed in 3(three) sets and accompanied by a fee of Rs. 200/-(rupees two hundred).
(5) No appeal shall be entertained unless a copy thereof has been served upon the Town Vending Committee which had made the order appealed against, prior to filing of such appeal and proof of such service has been filed along with the appeal.
11. 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.
(2) The appeal shall be put up before the Appellate Authority constituted by the concerned local authority which shall fix a date for hearing of the appeal, which shall not be later than 1 S(fifteen) days from the date of filing of the application, and shall cause a notice of the hearing to be served upon the parties.
(3) 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 60(sixty days)from the date of receipt 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 further orders, pass such interim orders as it deems necessary.
CHAPTER V TOWN VENDING COMMITTEE
12. Constitution of Town Vending Committee- (1) ·1n each local authority one Town Vending Committee shall be constituted by the Government:.
Provided that the Government, if it considers necessary, on the request of the concerned local authority may provide for constitution of more than one Town Vending Committee for each local authority after specifying their jurisdiction. ·
(2) The constitution of a Town Vending Committee shall be as follows, namely:- SI. No. Government Department and other Bodies No. of Members
(a) Government Department -
(i) Chairperson (Municipal Commissioner or Municipal Executive Officer) 01
(ii) Representative of Police (preferably from the Traffic Division) 01
(iii) Medical Officer of Health, 01
(iv) Representative of Town Planning Cell, UD&HD 01
(v) Superintendent of Police/SDPO 01
(b) Other Bodies -
(i) Street vendors (one-third of whom shall be women vendors, with due 05 representation of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities)
(ii) Non-government organisations and community based Organisations 01
(ii) Resident Welfare Associations 01 Total 12 -5- •
(3) The members of the Town Vending Committee other than the elected members shall be nominated by the Government:
Provided 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 publishing the same in at least two local newspapers or publicising in any other manner.
13. Election of members of Town Vending Committee from amongst street vendors-(1) The local authority shall by a notification express its intention to conduct elections for the members of a Town Vending Committee representing the street vendors of the area under the jurisdiction of the concerned local authority.
(2) The concerned local authority shall appoint a returning officer for conducting the election under .its jurisdiction.