Street Vending Plan

  • The Street Vending Plan should be constituted so that all street vendors, subject to the limit of two and a half percent of the local population, have to be accommodated in the plan.
  • The plan should be designed with the least possible disruption to the movement of vehicles and pedestrians in the already developed area.
  • It states that the provisions for design of space/area of the new zones are ‘reasonable and consistent’ with existing natural markets or other zones in the region.
  • The plan has to consider the civic amenities such as public toilets, water supply and sanitation while designing, or make sure they are provided when the plan is officiated.
  • The local authority has to encourage cost effective and convenient distribution of goods and services.
CPPR’S Comment

In most of the cities in Kerala, the general perception regarding street vendors is that they cause traffic congestion in cities and sanitation problems on the streets. They are often harassed by the police, traffic officials and local authorities.

The law on street vending that came in 2014 is still in the process of implementation in many cities of Kerala, with very few having drafted bye laws for smoother regulation of street vending.

The law promotes street vending as a cost effective distribution of goods and services for the common public. Unfortunately , the city administration , while formulating plans of street vending, often neglect the commercial potential of the area in designating an area as a zone. This results in relocation of vendors to zones with less footfall and traffic, thereby losing the income they used to earn in busy market areas.

A possible solution to the problem of traffic congestion in vending areas is relocation of auto stands, taxi stands, designation of one-way traffic in congested roads and allocation of fixed spaces and kiosks for street vendors.

Most of the street vendors in Kochi and Alappuzha lack public toilet facilities. They often use the toilet facilities available at Bus stations, petrol pumps or nearby shops. The absence of essential civic facilities force them to take the leftovers and waste to their houses. A proper waste management system is available only to a few vendors. The TVC while preparing the street vending plans have to incorporate the provisions of more public toilets, waste disposal facilities and drinking water facilities near the vending zones.

What the law says:

The local authority shall in consultation with the planning authority and on recommendation of the TVC shall prepare a street vending plan to promote vending. It has to be prepared every five years.

The street vending plan includes the following provisions:

  • Principles for vending
  • Guidelines for spatial planning
  • Allocation of vending zones, restricted vending zones, and no vending zones
  • Determining the holding capacity of the area

The Town Vending Committee is responsible for the following:

  • The Town Vending Committee must develop a street vending strategy. The holding capacity of each given area or locality's street sellers will be restricted to 2.5 percent of the population of the ward, zone, or city, as the case may be.
  • The TVC should establish vending areas based on holding capacity, available space, number of sellers,, and designate that area as a vending zone while keeping all other relevant regulations in mind.
  • The TVC may use a lottery system to grant a Certificate of Vending in a specific area designated for vending. The rejected candidates would be awarded priority relocation privileges under the scheme.
  • In areas with a high population but a low density of vendors, as well as adjacent vending areas with a high density of vendors but a low resident population, the Town Vending Committee shall devise methods to allow the relocation of street vendors to other population centres. This would help avoid inequitable concentrations of vendors, heavy traffic flow, and the inconvenience of people travelling to such high density vending areas.
  • TVC can recommend time sharing arrangements or time restricted vending zones in order to accommodate more vendors.
  • TVC can organise training and orientation programmes for street vendors to help them be aware of the rights, duties and obligations per the Act. The expenses shall be either handled by the TVC or through sponsorships.

CPPR’S Comment:

Formulating and implementing a street vending plan is often complicated given the number of stakeholders involved. The street vending plan should be done inclusively, wherein, various stakeholders are involved right from the initial stages of the planning process. The town planning department, NULM department, traffic officials , welfare standing committee, citizens, street vendors and the street vendors unions play essential role in the planning process. The existence of multiple departments may result in duplicity of plans, if planning is not done with consultation of all stakeholders. It is also essential so that the development projects could be considered a part of the street vending plan. For example, it is essential to know about road widening proposals put forth by the Department of Town Planning so that when allocating zones in an area, the proposal could be given in such a way that it aligns with the road widening proposal as it would ensure more vending space and pedestrian walkway. Moreover, vending is common near tourist sites and archeological sites. Thus, in cities where heritage and tourism projects are in progress, the understanding of these projects is significant in smoother implementation and incorporation of vending spaces around the tourist spots.

When making a street vending plan, an important aspect is to have the planning designed in a participatory manner. The issues from the eye of a planner or designer would not give a complete picture of the actual situation on ground. For this reason, vendors need to be extensively included as they would have ideas as to how spaces could be used efficiently and how conflicts could be resolved quickly. Taking their suggestion on space allotment, vending timings, collection of fees, can help better manage street vending. Bringing in a more participatory approach of all relevant stakeholders that are relevant to the or city where the street vending is implemented will be imperative in easier implementation of vending plans. It is preferable to propose vending zones, where there are existing vendors rather than planning for a complete relocation of an existing vending area.

One of the major missing elements, however, is that the street vending law does not mention how to deal with situations of natural calamities. Vendors often vend using infrastructures that are not strong enough and thus get severely affected even during heavy rains. Nothing mentioned about what resilience would be adopted to ensure that vendors and their items would be safe during such calamities.

They end up losing their livelihood and not having an alternate source of income during such challenging times. Most Indian cities also have poor street design and poor stormwater drainage. This is one of the main reasons for flooding in urban areas and the water gets into the vendors' kiosk vendors' kiosks.

What the law says:

Principles for Vending:

  • The most important aspects to keep in mind while constituting a street vending plan is the intensity of footfall, width of the road and the density of both vehicular and pedestrian movement on the road.
  • To ensure that space or area for street vending is appropriate and commensurate with existing natural markets, and to promote convenient, efficient, and cost-effective distribution of goods and supply of services.
  • To ensure that all existing street vendors identified in the survey, subject to a norm of 2.5% of the ward, zone, town, or city population, ward's population, zone, town, or city, are accommodated in the street vending plan.
  • The Planning Authority shall carry out the exercise to determine the carrying capacity of the ward, considering municipal amenities for appropriate usage of defined places or areas as vending zones.
  • The following criterias need to be kept in mind, when the TVC identifies restricted or no vending zones.
    • There shall be no vending zones free of restrictions and the number of no vending zones should be limited
    • The holding capacity of the identified zone shall put the ultimate on the number of street vendors who will be relocated to the area.
CPPR’S Comment

The principles for street vending covers all the aspects to be looked into when preparing a street vending plan. However these principles also need to be prioritised by the municipalities. Depending on its road characteristics, each state can have a priority list of the guiding principles of street vending. During the field study and interaction with the Municipality in Alappuzha and Kochi, it was found that the zones proposed for vending did not prioritise the footfall in an area. The proposed areas were inside gated compounds and behind bus stands which is away from the vicinity of pedestrians and in a secluded area with lesser footfall. Footfall is a major deciding factor when proposing a zone, and vendors prefer to sell only in areas with increased footfall. If they are not given such zones, they would sit in areas that are not included under the vending zone.

It is also high time that the threshold on the number of street vendors currently at 2.5 percent city's population, town, zone and ward, must be revisited. Metropolitan cities like Delhi, Mumbai, Bangalore with a higher population would find this threshold inadequate to accommodate all vendors.

Additionally, changes in master plan, development plan, zonal plan, layout plan and any other plan also need to be considered when making the street plan. There could be times where master plans could be coinciding, for example city master plans could overlap with AMRUT master plans. The time frame between the preparation of a master plan and its sanction is often extended due to the bureaucracy involved, this results in a situation where when one master plan is sanctioned, another plan is already in progress which would overlap the previous plan.

What the law says:

As per the Act, a “vending zone” means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, sidewalk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public.

The classification of vending zones are as follows:

  • The vending zones, restricted vending zones, and no vending zones shall be identified so that no or minimal inconvenience is caused to the general public using the street, as well as residents of the street and traders conducting business from their private property.
  • Within six months of the scheme's publication, the Town Vending Committee shall designate the zones into
    • vending zones
    • restricted zones
    • no vending zones
    • Special vending zones and Moreover, post the data on the notice board of the local authority involved.
  • The zones are classified into the three categories based on the following parameters:
    • Potentials of the area of the street
    • Intensity of footfall
    • Road Width
    • Volume of traffic
    • Number of pedestrians passing through the street and other factors may be material to identify the said zones.
    • No or minimum inconvenience caused to general public
    • Private sites under the authority of the Town Vending Committee may not be used as vending zones unless the respective TVC obtains a specific permit. The TVC may allow private spaces to be vending zones if satisfied that such zones are essential. The primary consideration should be the wellbeing of the street sellers in that location. Private vending zones will not be permitted if they negatively impact the street sellers of that area. On the other hand, private vending locations must be permitted to accommodate street sellers who are removed or relocated from public places.
  • The designation of vending zones should be done in consultation with the Traffic Police or Police having control over the area, according to Kerala state rules. The police officials may give suggestions regarding a vending zone. The local authority may accept, alter, or reject the recommendations with appropriate reasons, and designate a site or area as a vending zone as it sees fit.
  • There shall be no restriction free vending zones, and no vending zone shall be minimum.
  • The town vending committee shall decide restricted vending zones by linking it with road width.
  • Figure 2: Restricted vending based on road width

    The table above shows the restricted vending based on the road widths. Along with this, the following is also to be considered when classifying street vending zones:

    • The number of street vendors shall be decided by considering the holding capacity of each designated vending area on such a road.
    • Such stationary vending shall be allowed after taking the clearance from traffic police regarding the smooth vehicular and pedestrian movement. If required, road side parking may be banned in areas where street vending is allowed.
    • Mobile vending may be allowed on such roads after consideration of the traffic and pedestrian movement.
  • No vending zones are determined based on the following principles:
    • The town vending committee can decide the distance to be kept free from vending near essential institutions such as Secretariat, District Collectorate, offices of District Panchayat, Municipal Corporation, Municipality, Nagar Panchayat, Courts, Cantonment Board and Archeological Survey of India and State archeological monuments.
    • Any existing or natural market identified under the survey shall not be declared a no vending zone.
    • Declaration of no vending zones shall be done with minimum displacement of existing street vendors.
    • Overcrowding of any place must not be the sole criterion to declare an area as no vending zone.
    • Sanitary concerns shall not be the reason for declaring an area as no vending zones, unless it cannot be resolved through civic action by the local authority.
    • Till the survey as mandated by the Street vending law has not been carried out and a street vending plan is not formulated, no one can be declared as no vending zone.
    • TVC must review the street vending plan every three years.
  • Special Vending zones: TVC can decide certain zones as special vending zones for a fixed period , during festive seasons considering the relevance and importance of the festival.
CPPR’S Comment

Although the Act defines how a vending zone should be and what it should ideally constitute, it is seen that the local authorities and TVC do not abide by all the parameters given. could either be due to the lack of a feasible area or negligence of what could benefit a street vendor. In the town of Alappuzha there are vending zones stretching as long as 2.4km with just a handful of vendors (about 7-10). Hence, there arises a question as to the rationale behind defining such stretches as a vending zone. Some of these stretches also have a less footfall which shows the reason as to why there are only a handful of vendors. Some zones lack basic facilities such as proper infrastructure, sanitation, waste management, water availability, electricity and storage spaces.

There is also no clarity on what exactly is a “restricted vending zone” and how to differ from “vending zone”. Since no definition is provided, confusions exist as to whether these restrictions include time based restriction, vehicular traffic restriction, vending restricted to weekly vending

Given the lack of uniformity in the road width in most cities of Kerala, a one size fits all approach for identifying restricted vending zones in cities is not ideal. For example, the Kerala State Scheme allows two side stationary vending only if the road width is 30m or above.

However, in reality, most of the roads in Kerala account for lesser road widths other than the National Highways. Stationary vending in Kerala is allowed on one side if the road width is between 12m and 24m. However, if the number of vendors in a particular zone is too many, this would lead to clustering and congestion of vendors on the same side. It could also result in vendors not getting sufficient space as there are certain other norms like providing space of 1m between the vending kiosks for unrestricted movement. To address this issue a suggestion would be to follow a zig-zag or diagonal pattern of vending so that vendors could be accommodated on both sides without any congestion. It can be done on roads with a width of 12 to 24 metres.