Polices and Acts

National Urban Housing & Habitat Policy 2007

About Policy

• The National Urban  Housing & Habitat Policy 2007 seeks  to promote  various types of public-private partnerships for realizing the goal of “Affordable Housing For All’  with special emphasis on the urban poor.
• The Policy intends to promote sustainable development of habitat in the country with a view to ensuring equitable supply of  land,  shelter  and services at affordable prices to all sections of society.  Given the magnitude  of  the  housing shortage and budgetary constraints of both the Central and State Governments, the National Urban Housing and Habitat Policy, 2007 focuses the  spotlight  on multiple stake-holders  namely, the Private  Sector,  the Cooperative Sector, the Industrial  Sector for  labour  housing and the Services/ Institutional Sector  for employee  housing. In this manner, the Policy will  seek  to promote   various  types  of   public-private  partnerships for realizing the goal of "Affordable Housing for All".
• the formulation of the National Housing Policy is an ongoing process which started in 1986.  Last time policy was revised in 1998.  Since then there have been major changes in Habitat and Human Settlement issues.  Particularly, the urban housing sector has been facing emerging challenges with regard to availability of affordable shelter, growth of slums, and gaps in provision of basic services to the urban poor.

Salient features

The salient features of the National Urban Housing & Habitat Policy are:

• Focus of the Policy is on affordable urban housing with special emphasis on the urban poor.
• Role of Housing and provision of basic services to the urban poor has been integrated into the objectives of the Jawaharlal Nehru Urban Renewal Mission (JNNURM).
• Special emphasis has been laid on Scheduled Castes / Tribes / Backward Classes / Minorities, empowerment of Women within the ambit of the urban poor.
• The Policy focuses on a symbiotic development of rural and urban areas in line with the objectives of the 74th Constitution Amendment Act.
• Within the overarching goal of "Affordable Housing for All," emphasis has been laid on urban planning, increase supply of land, use of spatial incentives like additional  Floor Area Ratio (FAR), Transferable Development Rights, etc., increased flow of funds, healthy environment,  effective solid waste management and use of renewal sources of energy.
• Encouraging Integrated townships and Special Economic Zones.
• 10-15% of land in every new public/private housing projects or or 20-25% FAR whichever is greater to be reserved for EWS/LIG Housing through appropriate spatial incentives.
• Private Sector to be permitted land assembly within the purview of Master Plans.  Action Plans for urban slum dwellers and special package for cooperative housing, labour housing and employees housing is to be prepared.
• States to be advised to develop 10 years perspective plan for housing of EWS/LIG.
• Policy gives primacy to provision of shelter to urban poor at their present location or near their work place.
• Approach will be in-situ slum rehabilitation. Relocation will be considered only in specific cases.
• Micro finance institutions to be promoted at state level to expedite flow of finances to urban poor.
• Model municipal laws to be prepared by the Central Government.
• Detailed city maps to be prepared based on GIS, aerial survey and ground verification.
• Use of proven cost effective technology and building materials to be encouraged.
• Development of mass rapid transit system at sub-regional level envisaged.
• Green cover for cities to be encouraged for balanced ecological development.
• All States to be encouraged to develop a "Habitat Infrastructure Action Plan" for all cities with a population of over one lakh.

Action Plan

The Action Plan stated in the Policy is as follows:

• Encouragement and support to be provided to State Governments by the Central Government for preparation of State Urban Housing and Habitat Policy and Action Plan.
• State/UT Action plans to focus on accelerated flow of funds.
• State / UT level policy to provide road map for institutional, legal and financial incentives.
• State / UT plans to indicate concrete steps for encouraging a participatory approach.
• Periodic review of implementation of Policy and Action Plan at State level to be carried out.
• Preparation of 15-20 years perspective plans in the form of City Development Plans (CDPs) based on spatial planning at the city level.
• Setting up of a High Level Monitoring Committee for periodic review and implementation of the Policy and for making amendments, modifications wherever considered necessary.

Source: PIB

Revised National Policy for Urban Street Vendors-2009

Purposes of this Policy

• For the purposes of this Policy, a 'Street Vendor' is defined as 'a person who offers goods or services for sale to the public in a street without having a permanent built-up structure.' There are three basic categories of street vendors: (a) stationary; (b) peripatetic and (c) mobile. Stationary vendors are those who carry out vending on a regular basis at a specific location, e.g. those occupying space on the pavements or other public places and/or private areas either open/covered (with implicit or explicit consent) of the authorities. Peripatetic vendors are those who carry out vending on foot and sell their goods and services and include those who carry baskets on their head/slung on their shoulders and those who sell their goods on pushcarts. Mobile street vendors are those who move from place to place vending their goods or services on bicycle or mobile units on wheels, whether motorized or not. They also include vendors selling their wares in moving buses, local trains etc.
• In this Policy, the term 'Urban Street Vendor' incorporates all other local/regional specific terms used to describe them, such as hawkers, pheriwallas, rehri-patri wallas, footpath dukandars, sidewalk traders, etc. The land, premises, trains owned by Indian Railways, its subsidiaries including Public Sector Undertakings, Corporations or other undertakings where Indian Railways holds share, are exempted from the ambit of this Policy.
• The term ‘Town Vending Committee’ means the body constituted by an appropriate Government for protecting the livelihoods of street vendors while at the same time imposing reasonable restrictions, if necessary, for ensuring flow of traffic and for addressing concerns relating to public health and hygiene in the public interest. The TVC may constitute, in such manner and for such purposes as it deems fit, Ward Vending Committees, if required.
• The term 'Local Authority' (referred to as Municipal Authority in this Policy) in this Policy means a Municipal Corporation, Municipal Council, Nagar Panchayat, Cantonment Board, Civil Area Committee appointed under Section 47 of the Cantonment Act, 2006 or such other body legally entitled to function as a local authority in any city or town to provide civic services and regulate street vending, and includes the "planning authority" which regulates the land use in that city or town at the city/locality level.
• The term "Natural Market" means a market where sellers and buyers have traditionally congregated for more than a specified period for the sale and purchase of a given set of products or services as assessed by the local authority.

Overarching Objective

To provide for and promote a supportive environment for the vast mass of urban street vendors to carry out their vocation while at the same time ensuring that their vending activities do not lead to overcrowding and unsanitary conditions in public spaces and streets.

Specific Objectives

Specific Objectives This Policy aims to develop a legal framework through a model law on street vending which can be adopted by States/Union Territories with suitable modifications to take into account their geographical/local conditions. The specific objectives of this Policy are elaborated as follows:

a) Legal Status:

To give street vendors a legal status by formulating an appropriate law and thereby providing for legitimate vending/hawking zones in city/town master or development plans including zonal, local and layout plans and ensuring their enforcement;

b) Civic Facilities:

To provide civic facilities for appropriate use of Identified spaces as vending/hawking zones, vendors’ markets or vending areas in accordance with city/town master plans including zonal, local and layout plans;

c) Transparent Regulation:

To eschew imposing numerical limits on access to public spaces by discretionary licenses, and instead moving to nominal fee-based regulation of access, where previous occupancy of space by the street vendors determines the allocation of space or creating new informal sector markets where space access is on a temporary turn-by-turn basis. All allotments of space, whether permanent or temporary should be based on payment of a prescribed fee fixed by the local authority on the recommendations of the Town Vending Committee to be constituted under this Policy ;

d) Organization of Vendors:

To promote, where necessary, organizations of street vendors e.g. unions / co-operatives /associations and other forms of organizations to facilitate their collective empowerment;

e) Participative Processes:

To set up participatory processes that involve firstly, local authority, planning authority and police; secondly, associations of street vendors; thirdly, resident welfare associations and fourthly, other civil society organizations such as NGOs, representatives of professional groups (such as lawyers,doctors, town planners, architects etc.), representatives of trade and commerce, representatives of scheduled banks and eminent citizens;

f) Self-Regulation:

To promote norms of civic discipline by institutionalizing mechanisms of self-management and self-regulation in matters relating to hygiene, including waste disposal etc. amongst street vendors both in the individually allotted areas as well as vending zones/clusters with collective responsibility for the entire vending zone/cluster; and

g) Promotional Measures:

To promote access of street vendors to such services as credit, skill development, housing, social security and capacity building. For such promotion, the services of Self Help Groups (SHGs)/Co-operatives/ Federations/Micro Finance Institutions (MFIs), Training Institutes etc. should be encouraged.

Provision of Civic Facilities

Municipal Authorities need to provide basic civic facilities in Vending Zones / Vendors’ Markets which would include:

• Provisions for solid waste disposal
• Public toilets to maintain cleanliness
• Aesthetic design of mobile stalls/ push carts
• Provision for electricity
• Provision for drinking water
• Provision for protective covers to protect wares of street vendors as well as themselves from heat, rain, dust etc
• Storage facilities including cold storage for specific goods like fish, meat and poultry; and
• Parking areas.

The Vendors’ Markets should, to the extent possible, also provide for crèches, toilets and restrooms for female and male members.

For More Information: Revised National Policy for Urban Street Vendors-2009 (160KB)

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

• “Street vendors constitute an integral part of our urban economy. Street vending is not only a source of self-employment to the poor in cities and towns but also a means to provide ‘affordable’ as well as ‘convenient’ services to a majority of the urban population, especially the common man. Street vendors are often those who are unable to get regular jobs in the remunerative formal sector on account of their low level of education and skills. They try to solve their livelihoods issues through their own meagre financial resources and sweat equity.
• Given the pace of urbanization and the opportunities presented through the development of urban areas, the growth of street vendors’ population is likely to have an upward trend.  It is vital that these vendors are enabled to pursue their livelihoods in a congenial and harassment free atmosphere.

Main features of the Street Vendors Act

The Provisions of the Act are aimed at creating a conducive atmosphere where street vendors, are able to carry out their business in a fair and transparent manner, without the fear of harassment and eviction.

1. The Act provides for constitution of a Town Vending Authority in each Local Authority, which is the fulcrum of the Act, for implementing the provisions of the Act.
2. In order to ensure participatory decision making for aspects relating to street vending activities like determination of natural market, identification of vending zones, preparation of street vending plan, survey of street vendors etc. the TVC is required to have representation of officials and non-officials and street vendors, including women vendors with due representation from SC, ST, OBC, Minorities and persons with disabilities. It has been provided that 40% members of the TVC will be from amongst street vendors to be selected through election, of which one-third shall be women.
3. To avoid arbitrariness of authorities, the Act provides for a survey of all existing street vendors, and subsequent survey at-least once in every five years, and issue of certificate of vending to all the street vendors identified in the survey, with preference to SC, ST, OBC, women, persons with disabilities, minorities etc.
4. All existing street vendors, identified in the survey, will be accommodated in the vending zones subject to a norm conforming to 2.5% of the population of the ward or zone or town or city.
5. Where the number of street vendors identified are more than the holding capacity of the vending zone, the Town Vending Committee (TVC) is required to carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons will be accommodated in any adjoining vending zone to avoid relocation.
6. Those street vendors who have been issued a certificate of vending/license etc. before the commencement of this Act, they will be deemed to be a street vendor for that category and for the period for which he/she has been issued such certificate of vending/license.
7. It has been provided that no street vendor will be evicted until the survey has been completed and certificate of vending issued to the street vendors.
8. It has also been provided that in case a street vendor, to whom a certificate of vending is issued, dies or suffers from any permanent disability or is ill, one of his family member i.e. spouse or dependent child can vend in his place, till the validity of the certificate of vending.
9. Thus the mechanism is to provide universal coverage, by protecting the street vendors from harassment and promoting their livelihoods.
10. Procedure for relocation, eviction and confiscation of goods has been specified and made street vendor friendly. It is proposed to provide for recommendation of the TVC, as a necessary condition for relocation being carried out by the local authority.
11. Relocation of street vendors should be exercised as a last resort. Accordingly, a set of principles to be followed for ‘relocation’ is proposed to be provided for in the second Schedule of the Act, which states that (i) relocation should be avoided as far as possible, unless there is clear and urgent need for the land in question; (ii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project; (iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels (iv) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated.
12. The Local authority is required to make out a plan once in every 5 years, on the recommendation of TVC, to promote a supportive environment and adequate space for urban street vendors to carry out their vocation. It specifically provides that declaration of no-vending zone shall be carried subject to the specified principles namely; any existing natural market, or an existing market as identified under the survey shall not be declared as a no-vending zone; declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors; no zone will be declared as a no-vending zone till such time as the survey has not been carried out and the plan for street vending has not been formulated. Thus the Act provides for enough safeguards to protect street vendors interests.
13. The thrust of the Act is on “natural market”, which has been defined under the Act. The entire planning exercise has to ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets.Thus, natural locations where there is a constant congregation of buyers and sellers will be protected under the Act.
14. There is a provision for establishment of an independent dispute redressal mechanism under the chairmanship of retired judicial officers to maintain impartiality towards grievance redressal of street vendors.
15. The Act provides for time period for release of seized goods, for both perishable and non-perishable goods. In case of non-perishable goods, the local authority is required to release the goods within two working days and in case of perishable goods, the goods shall be released the same day, of the claim being made.
16. The Act also provides for promotional measures to be undertaken by the Government, towards availability of credit, insurance and other welfare schemes of social security, capacity building programmes, research, education and training programme etc. for street vendors.
17. Section 29 of the Bill provides for protection of street vendors from harassment by police and other authorities and provides for an overriding clause to ensure they carry on their business without the fear of harassment by the authorities under any other law.

The Act is aimed at creating a conducive atmosphere for street vendors to do their business in dignity and is likely to help in giving livelihood protection to about 1 crore families

For More Information: The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Source: PIB