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 & Mumbai City- Area of wards & Population density per Sq KmPopulation density per Sq Km

(As per 2001 Census)(As per 2001 Census)

WardsWards Area Sq KmArea Sq Km 19911991 20012001

MumbaiMumbai 437.71437.71 2267722677 2736627366

AA 11.4111.41 1738117381 1847918479

BB 2.462.46 4785447854 4716847168

CC 1.781.78 110802110802 114001114001

DD 6.636.63 5201852018 5774457744

EE 7.417.41 6308963089 5942459424

FF 21.1721.17 4004840048 4308243082

GG 17.8517.85 5629756297 5826058260

CityCity 68.7868.78 4634246342 4858148581

Mumbai Suburb- Area of wards & Mumbai Suburb- Area of wards & Population density per Sq KmPopulation density per Sq Km

WardsWards Area Sq KmArea Sq Km 19911991 20012001

HH 21.0521.05 3794437944 4362143621

KK 47.4647.46 2618426184 3183131831

PP 64.2764.27 4445044450 1924119241

RR 77.5677.56 1260812608 1891218912

WesternWestern 210.34210.34 1877018770 2440024400

LL 13.4613.46 4580945809 5781757817

MM 54.9254.92 1498414984 1982719827

NN 55.4455.44 1912519125 1117511175

TT 34.8434.84 87048704 94779477

EasternEastern 158.66158.66 1766717667 2211122111

Licensed Hawkers in MumbaiLicensed Hawkers in Mumbai Squatter StallSquatter Stall :: 41204120

Squatter Pitch Squatter Pitch :: 18141814Temporary Monthly PermitTemporary Monthly Permit :: 25092509Cobbler Pitch Cobbler Pitch :: 19461946Cobbler Stall Cobbler Stall :: 923 923P.C.O. Booth P.C.O. Booth :: 23852385

Mafco StallMafco Stall :: 37 37Aarey Sarita StallAarey Sarita Stall :: 129 129Handicapped StallsHandicapped Stalls :: 172 172Jai Jawan StallsJai Jawan Stalls :: 16 16Sugarcane CrushersSugarcane Crushers :: 217 217Stall of Maharashtra Federation Stall of Maharashtra Federation :: 8 8Roving Hand Cart Roving Hand Cart :: 673 673Stationary Hand Cart Stationary Hand Cart :: 185 185Itinerant Hawkers Itinerant Hawkers :: 25 25

TOTALTOTAL 51595159

Hawkers survey in MumbaiHawkers survey in Mumbai

In the year 1998, MCGM conducted the In the year 1998, MCGM conducted the

survey of all licensed and unlicensed survey of all licensed and unlicensed

hawkers with the help of TATA & YUVA, hawkers with the help of TATA & YUVA,

an NGOan NGO

As per the said survey, total number of As per the said survey, total number of

hawkers was approximately 1,03,000.hawkers was approximately 1,03,000.

History of Hawkers related History of Hawkers related litigationslitigations

1983 – 1983 – Dispute raised between Bombay Dispute raised between Bombay Hawkers Union & MCGM.Hawkers Union & MCGM.

3.7.1985 – 3.7.1985 – Hon’ Supreme Court Hon’ Supreme Court directed directed MCGM toMCGM to regulate the regulate the

Hawkers activity.Hawkers activity. 1986 - 1986 - Shri. D.M. Sukhtankar Committee Shri. D.M. Sukhtankar Committee

formulated the guidelines & formulated the guidelines & MCGM approved the guidelines.MCGM approved the guidelines.

1996 - 1996 - 488 Nos. Hawking Zones to 488 Nos. Hawking Zones to accommodate 49,000 Hawkers accommodate 49,000 Hawkers were declared. were declared.

Recommendations by Recommendations by Shri. D. M. Sukhtankar CommitteeShri. D. M. Sukhtankar Committee

Hawking Prohibited in areas Hawking Prohibited in areas

HighwaysHighways

Arterial RoadsArterial Roads

SubwaysSubways

Railway StationsRailway Stations

MarketsMarkets

Religious PlacesReligious Places

Traffic Junctions Traffic Junctions

Education Education InstitutesInstitutes

History of further Hawkers related History of further Hawkers related litigationslitigations

1999 -1999 - Scheme of accommodating 38,000 Scheme of accommodating 38,000 Hawkers Hawkers in 377 Hawkingin 377 Hawking Zones Zones Challenged in Hon’ High Court. Challenged in Hon’ High Court.

5.7.2000 -5.7.2000 - Hon’ High Court approved the Hon’ High Court approved the Scheme of 187 Hawking Zones Scheme of 187 Hawking Zones with restrictionswith restrictions

2002-2002-Maharashtra Ekta Hawkers & Maharashtra Ekta Hawkers & others appealed against the order in others appealed against the order in Hon’ Supreme Court.Hon’ Supreme Court.

History of further Hawkers related History of further Hawkers related litigationslitigations

9.12.2003 -9.12.2003 -Hon’ Supreme Court approved Hon’ Supreme Court approved the Scheme by putting further the Scheme by putting further restrictions & directing State to restrictions & directing State to finalize the finalize the Hawkers policy.Hawkers policy.

2006 -2006 - A contempt against MCGM was filed A contempt against MCGM was filed by M/s Cityby M/s City Space, an NGO.Space, an NGO.

12.2.2007 -12.2.2007 -Hon’ Supreme Court disposed of Hon’ Supreme Court disposed of all the related Petitions, except all the related Petitions, except the contempt & directed to form the contempt & directed to form the Urban Street Venders policy the Urban Street Venders policy in consistent with the National in consistent with the National policy on Urban Street Venders.policy on Urban Street Venders.

Procedure for formulating the policyProcedure for formulating the policy

National Policy for “Urban Street Venders”.National Policy for “Urban Street Venders”. State policy to regulate activity of “Urban Street State policy to regulate activity of “Urban Street

Venders”.Venders”. Policy to regulate activity of “Urban Street Vender” in the Policy to regulate activity of “Urban Street Vender” in the

city of Mumbai.city of Mumbai. Approval from Law Committee & the Corporation to the Approval from Law Committee & the Corporation to the

draft policy.draft policy. Inviting suggestions and objections.Inviting suggestions and objections. Final draft of the policy by incorporating valid Final draft of the policy by incorporating valid

suggestions and objections. suggestions and objections. Approvals of final draft from Law Committee and the Approvals of final draft from Law Committee and the

Corporation.Corporation. Publication of the final policy in government gazette.Publication of the final policy in government gazette.

Structure of the Hawkers’ Policy for Structure of the Hawkers’ Policy for Mumbai cityMumbai city

Institutional frame work for regulating Institutional frame work for regulating Hawkers’ activity.Hawkers’ activity.

Registration of Hawkers and Planning Registration of Hawkers and Planning Hawking / non-Hawking Zones.Hawking / non-Hawking Zones.

Creating new areas for Hawking activity.Creating new areas for Hawking activity.Procedures for distributing places.Procedures for distributing places.Welfare activities for Hawkers.Welfare activities for Hawkers.Control and Regulations of Hawking Control and Regulations of Hawking

activity. activity.

Institutional Frame work for Institutional Frame work for regulating Hawkers activityregulating Hawkers activity

City Hawkers’ Committee of MCGM.City Hawkers’ Committee of MCGM. Hon’ Mayor as Chairman & other members to take policy decision at Hon’ Mayor as Chairman & other members to take policy decision at

the apex level.the apex level.

Ward Hawkers’ Committee.Ward Hawkers’ Committee. Ward Prabhag Samiti Adhyaksha as Chairman & other members to Ward Prabhag Samiti Adhyaksha as Chairman & other members to

take policy decisions pertaining to the ward & to function under the take policy decisions pertaining to the ward & to function under the direction of MCGM City Hawkers’ Committee.direction of MCGM City Hawkers’ Committee.

Ward Hawkers’ Technical Committee.Ward Hawkers’ Technical Committee. Assistant Commissioner of the ward as Chairman & his other officers Assistant Commissioner of the ward as Chairman & his other officers

as members to take all Technical Decisions to decide the Hawking / as members to take all Technical Decisions to decide the Hawking / non-Hawking Zones & to implement the policy.non-Hawking Zones & to implement the policy.

Registration of HawkersRegistration of Hawkers The PCO booths, cobblers’ pitch/stalls, Arey Sarita The PCO booths, cobblers’ pitch/stalls, Arey Sarita

Stalls & Other general stalls licensed earlier by Stalls & Other general stalls licensed earlier by MCGM shall continue as licensed Hawkers and they MCGM shall continue as licensed Hawkers and they are excluded from definition of Registered Hawkers.are excluded from definition of Registered Hawkers.

All other Hawkers shall be registered as Stationery All other Hawkers shall be registered as Stationery Hawkers and Itinerary Hawkers. Hawkers and Itinerary Hawkers.

The registration of new Hawkers shall be by calling The registration of new Hawkers shall be by calling applications and allotment after drawing lots.applications and allotment after drawing lots.

Meticulous record keeping, issuing identity cards & Meticulous record keeping, issuing identity cards & forming SHGs to regulate their own activitiesforming SHGs to regulate their own activities..

Planning Hawking / non-Hawking Planning Hawking / non-Hawking ZonesZones

Hawkers registered under this policy will be in following Hawkers registered under this policy will be in following three categories:three categories: Stationery Hawkers in Hawking Zone-I.Stationery Hawkers in Hawking Zone-I. Stationery Hawkers in Temporary Hawking Zone-I.Stationery Hawkers in Temporary Hawking Zone-I. Itinerary Hawkers in Temporary Hawking Zone-I, Itinerary Hawkers in Temporary Hawking Zone-I,

Hawking Zone-II & in the private areas permitted for Hawking Zone-II & in the private areas permitted for Hawking. Hawking.

Non-Hawking Zone criteriaNon-Hawking Zone criteria Prohibited area on account of security & confidentiality.Prohibited area on account of security & confidentiality. Places of worships, markets, hospitals, school & Places of worships, markets, hospitals, school &

colleges.colleges. Crowded places with traffic congestion, railway foot over Crowded places with traffic congestion, railway foot over

bridges, flyover bridges, traffic junctions. bridges, flyover bridges, traffic junctions.

Creating new areas for Hawking Creating new areas for Hawking activityactivity

Proposed amendments to DC rules:Proposed amendments to DC rules:Creating food plazas.Creating food plazas.Night time food courts.Night time food courts.Weekly / weekend food courts.Weekly / weekend food courts.Pitches in private premises to sell Pitches in private premises to sell

vegetables / fruits / eggs / milk.vegetables / fruits / eggs / milk.Provide pitches in municipal market to sell Provide pitches in municipal market to sell

vegetables / fruits / eggs / milk.vegetables / fruits / eggs / milk.

Procedures for distributing places.Procedures for distributing places.

Relocating licensed stationery Hawkers Relocating licensed stationery Hawkers from non-Hawking to Hawking Zone.from non-Hawking to Hawking Zone.

Inviting the applications for Registrations.Inviting the applications for Registrations.Working out number of available pitches.Working out number of available pitches.Forming a Committee to draw the lots.Forming a Committee to draw the lots.Allotment of pitches to Registered Allotment of pitches to Registered

Hawkers after drawing the lots.Hawkers after drawing the lots. Issuing the identity cards & forming SHGs.Issuing the identity cards & forming SHGs.

Welfare activities for HawkersWelfare activities for Hawkers

Forming Self Help Groups (SHG).Forming Self Help Groups (SHG).

Financial assistance to share capital.Financial assistance to share capital.

Insurance coverage.Insurance coverage.

Periodical health check-up.Periodical health check-up.

Training & development of skills.Training & development of skills.

Control and Regulations of Control and Regulations of Hawking activityHawking activity

Dividing the Hawking & non-Hawking Dividing the Hawking & non-Hawking Zones into beats.Zones into beats.

Beat wise responsibility to the Officers.Beat wise responsibility to the Officers.

Amendments in MCGM Act & Mumbai Amendments in MCGM Act & Mumbai Police Act to deal with the violations by Police Act to deal with the violations by un-authorized & authorized Hawkers.un-authorized & authorized Hawkers.