HAWKERS REGULATION BYELAWS STRATEGY FOR MUMBAI CITY Brihan Mumbai Mahanagar Palika MUNICIPAL COPORATION OF GREATER MUMBAI HAWKERS REGULATION BYELAWS STRATEGY FOR MUMBAI CITY BY DR. SHANTARAM S. KUDALKAR Deputy Municipal Commissioner (Hawkers Regulations)

Mumbai City- Area of wards & Population density per Sq Km (As per 2001 Census) Area Sq Km 1991 2001 Mumbai 437.71 22677 27366 A 11.41 17381 18479 B 2.46 47854 47168 C 1.78 110802 114001 D 6.63 52018 57744 E 7.41 63089 59424 F 21.17 40048 43082 G 17.85 56297 58260 City 68.78 46342 48581

Mumbai Suburb- Area of wards & Population density per Sq Km Area Sq Km 1991 2001 H 21.05 37944 43621 K 47.46 26184 31831 P 64.27 44450 19241 R 77.56 12608 18912 Western 210.34 18770 24400 L 13.46 45809 57817 M 54.92 14984 19827 N 55.44 19125 11175 T 34.84 8704 9477 Eastern 158.66 17667 22111

Licensed Hawkers in Mumbai Squatter Stall : 4120 Squatter Pitch : 1814 Temporary Monthly Permit : 2509 Cobbler Pitch : 1946 Cobbler Stall : 923 P.C.O. Booth : 2385 Mafco Stall : 37 Aarey Sarita Stall : 129 Handicapped Stalls : 172 Jai Jawan Stalls : 16 Sugarcane Crushers : 217 Stall of Maharashtra Federation : 8 Roving Hand Cart : 673 Stationary Hand Cart : 185 Itinerant Hawkers : 25 TOTAL 5159

Hawkers survey in Mumbai In the year 1998, MCGM conducted the survey of all licensed and unlicensed hawkers with the help of TATA & YUVA, an NGO As per the said survey, total number of hawkers was approximately 1,03,000.

History of Hawkers related litigations 1983 – Dispute raised between Bombay Hawkers Union & MCGM. 3.7.1985 – Hon’ Supreme Court directed MCGM to regulate the Hawkers activity. 1986 - Shri. D.M. Sukhtankar Committee formulated the guidelines & MCGM approved the guidelines. 1996 - 488 Nos. Hawking Zones to accommodate 49,000 Hawkers were declared.

Recommendations by Shri. D. M Recommendations by Shri. D. M. Sukhtankar Committee Hawking Prohibited in areas Highways Arterial Roads Subways Railway Stations Markets Religious Places Traffic Junctions Education Institutes

History of further Hawkers related litigations 1999 - Scheme of accommodating 38,000 Hawkers in 377 Hawking Zones Challenged in Hon’ High Court. 5.7.2000 - Hon’ High Court approved the Scheme of 187 Hawking Zones with restrictions 2002- Maharashtra Ekta Hawkers & others appealed against the order in Hon’ Supreme Court.

History of further Hawkers related litigations 9.12.2003 - Hon’ Supreme Court approved the Scheme by putting further restrictions & directing State to finalize the Hawkers policy. 2006 - A contempt against MCGM was filed by M/s City Space, an NGO. 12.2.2007 - Hon’ Supreme Court disposed of all the related Petitions, except the contempt & directed to form the Urban Street Venders policy in consistent with the National policy on Urban Street Venders.

Procedure for formulating the policy National Policy for “Urban Street Venders”. State policy to regulate activity of “Urban Street Venders”. Policy to regulate activity of “Urban Street Vender” in the city of Mumbai. Approval from Law Committee & the Corporation to the draft policy. Inviting suggestions and objections. Final draft of the policy by incorporating valid suggestions and objections. Approvals of final draft from Law Committee and the Corporation. Publication of the final policy in government gazette.

Structure of the Hawkers’ Policy for Mumbai city Institutional frame work for regulating Hawkers’ activity. Registration of Hawkers and Planning Hawking / non-Hawking Zones. Creating new areas for Hawking activity. Procedures for distributing places. Welfare activities for Hawkers. Control and Regulations of Hawking activity.

Institutional Frame work for regulating Hawkers activity City Hawkers’ Committee of MCGM. Hon’ Mayor as Chairman & other members to take policy decision at the apex level. Ward Hawkers’ Committee. Ward Prabhag Samiti Adhyaksha as Chairman & other members to take policy decisions pertaining to the ward & to function under the direction of MCGM City Hawkers’ Committee. Ward Hawkers’ Technical Committee. Assistant Commissioner of the ward as Chairman & his other officers as members to take all Technical Decisions to decide the Hawking / non-Hawking Zones & to implement the policy.

Registration of Hawkers The PCO booths, cobblers’ pitch/stalls, Arey Sarita Stalls & Other general stalls licensed earlier by MCGM shall continue as licensed Hawkers and they are excluded from definition of Registered Hawkers. All other Hawkers shall be registered as Stationery Hawkers and Itinerary Hawkers. The registration of new Hawkers shall be by calling applications and allotment after drawing lots. Meticulous record keeping, issuing identity cards & forming SHGs to regulate their own activities.

Planning Hawking / non-Hawking Zones Hawkers registered under this policy will be in following three categories: Stationery Hawkers in Hawking Zone-I. Stationery Hawkers in Temporary Hawking Zone-I. Itinerary Hawkers in Temporary Hawking Zone-I, Hawking Zone-II & in the private areas permitted for Hawking. Non-Hawking Zone criteria Prohibited area on account of security & confidentiality. Places of worships, markets, hospitals, school & colleges. Crowded places with traffic congestion, railway foot over bridges, flyover bridges, traffic junctions.

Creating new areas for Hawking activity Proposed amendments to DC rules: Creating food plazas. Night time food courts. Weekly / weekend food courts. Pitches in private premises to sell vegetables / fruits / eggs / milk. Provide pitches in municipal market to sell vegetables / fruits / eggs / milk.

Procedures for distributing places. Relocating licensed stationery Hawkers from non-Hawking to Hawking Zone. Inviting the applications for Registrations. Working out number of available pitches. Forming a Committee to draw the lots. Allotment of pitches to Registered Hawkers after drawing the lots. Issuing the identity cards & forming SHGs.

Welfare activities for Hawkers Forming Self Help Groups (SHG). Financial assistance to share capital. Insurance coverage. Periodical health check-up. Training & development of skills.

Control and Regulations of Hawking activity Dividing the Hawking & non-Hawking Zones into beats. Beat wise responsibility to the Officers. Amendments in MCGM Act & Mumbai Police Act to deal with the violations by un-authorized & authorized Hawkers.

Thank You