Street Vendors Act

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is an Act of the Parliament of India enacted to regulate street vendors in public areas and protect their rights.

  • The Bill provides for constitution of a Town Vending Authority in each Local Authority, which is the fulcrum of the Bill, for implementing the provisions of the Bill.
  • To avoid arbitrariness of authorities, the Bill provides for a survey of all existing street vendors and issue of certificate of vending to all the street vendors in the vending zones subject to a norm-conforming to 2.5% of the population of the ward or zone or town or city, where the number of street vendors more, draw of lots for issuing the certificate and the remaining persons will be accommodated in any adjoining vending zone to avoid relocation.
  • 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.
  • 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.
  • 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.
  • 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.
  • The Bill provides the time period for release of seized goods, for both perishable and non-perishable goods. In the 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.
  • The Bill 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.
  • 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.

Committee on Government Assurances

Introduction:- Various assurances, promises and undertakings are given by the Ministers on several occasions while replying to questions or during a discussion on Bills, resolutions, motions etc., either to consider a matter, take action or furnish information later.
In order to ensure that these assurances etc. are implemented and in reasonable time, the Lok Sabha has constituted a Committee on Government Assurances with a view to institutionalising the procedure to ensure the fulfilment of promises and undertakings given from time to time by the Minister on the floor of the House.

Organisation: – The Committee consists of not more than 15 Members of Lok Sabha who are nominated by the Speaker. A Minister is not nominated as a Member of the Committee. The Chairman/Chairperson is appointed by the Speaker, Lok Sabha from amongst Members of the Committee. However, if the Deputy Speaker is a Member of the Committee, he shall be appointed Chairman of the Committee. The term of the Committee is one year, from the date of its constitution.

Functions and Duties: – The functions of the Committee on Government Assurances are to examine the confirmations, guarantees, promises etc., given by the ministers, every once in a while on the floor of the House and to provide details regarding:-
(a) The degree to which such assurances, guarantees, promises, etc., have been implemented; and
(b) Where implemented whether such implementation has taken place within the minimum time necessary for the purpose.

The principal and the first duty of the Committee is to guarantee proper implementation of the assurances. For this reason, the Committee has recommended an outer limit of three months for the implementation of assurance, calculated from the date of it’s being given in the House.

However, if the Government foresees any genuine difficulty in implementing the assurance within the stipulated period, the Ministry concerned request for extension of time as considered minimum for fulfilment of the assurance. If for any valid reason the Government finds that it is not feasible to implement an assurance given on the floor of the House, the Government have to approach the Committee and place the facts for its consideration. If the Committee agrees, it may recommend dropping of the assurance in its reports presented to the House.

The work of the Committee is of a continuous nature and it is generally the practice that the work of the Committee which is left unfinished at the end of the term is taken up by the succeeding Committee at the stage where it was left.

The Statements laid on the Table are examined by the Secretariat. Such of the assurances as do not appear to have been fully or satisfactorily implemented are placed before the Committee for its consideration. If necessary, the Committee may call for the Officers of the concerned Ministry to give evidence before them in regard to the action taken by the Government in the implementation of certain assurances.

The Committee examines Ministries/Departments in the matter of implementation of assurances, on the selective basis. After the examination of the action taken by the Government to implement the assurances, the extent to which they have actually been implemented and whether the implementation has taken place within the time necessary for the purpose etc., the Committee forms its conclusion and recommendations for inclusion in the report. A draft report is prepared by the Secretariat.

After the Chairman’s approval, the report is circulated to the Members of the Committee and considered at a sitting held for the purpose. After the Report has been adopted by the Committee, the Chairman presents the Report to the House. The Report of the Committee, as a convention, is not discussed in the House. The decisions of the Committee are unanimous and there are no minutes of dissent to the Report. The Officers and Staff of the Committee on Government Assurances provide Secretarial assistance to the Committee.

Summary of Government Assurance 

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MPLADS – How MPs use their fund

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Every year, MPs are allotted Rs. 5 crore under the MPLAD (Member of Parliament Local Area Development) Scheme, basically to take up the development project in their individual constituencies. The fund has been expanded after some time, beginning from Rs. 5 lakh in 1993-94 to Rs. 5 crores at present.
As per the data provided by Ministry of Statistics and Programme Implementation (MoSPI), only 5.4% of the total fund has been utilised for the Financial Year 2014-15. What does this mean?
How does the MPLADS work?
There are three major stakeholders in the whole process: the MP, district authority and the Government of India. MPs recommend works to be done under the MPLADS, based on the locally felt needs; with the inclination to specific areas, including drinking water facility, education, health, sanitation, irrigation, streets and so on. Taking the suggestion, the district authority is in charge of authorising the qualified works, and implementation of sanctioned ones.

Stats
Total 543 Constituency out of which not a single rupee spent in 278 constituencies, in 223 constituencies work is not recommended and in 55 Constituency work was recommended but money didn’t spend.

 

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On the other hand, it must be noticed that the funds for a specific year can be carried forward for usage in following years. Some development activities may cost more than the allotted measure of Rs. 5 crores, which may be one purpose behind the low use of MPLADS trusts for the first year in some

Among states, MPs of Kerala have the best numbers on the proposal front, with project worth Rs. 7.3 crore recommended on average. (The sum may surpass Rs. 5 crore as Financial Year 2015-16 has started.) However, the actual amount  spent in these Kerala MPs’ constituencies is just Rs. 47 lakh, which is underneath the national normal.

Tamil Nadu and West Bengal are the best performing States. Both have average recommendation worth Rs. 3.5 crore, and are the main two major States having spent more than Rs. 1 crore per constituency on projects. Then again, Jharkhand, Uttarakhand, Jammu and Kashmir, Rajasthan and Assam, by and large, don’t even cross the Rs. 1 crore-mark for undertaking suggestions, let aside the execution.

It is too early to judge the performance of an MP by utilisation of the fund. A comparison would make sense as the 16th Lok Sabha ends, for, in the past, MPLADS fund has been used well. From its inception in 1993 till 2009, over 98% of the total entitled fund had been put into use while, from 2009-13, 88% fund was utilised.