Haryana Municipal Hawkers Bye-laws, 1976

Haryana Municipal Hawkers Bye-laws, 1976

Published vide Haryana Government Notification No. GSR 50/.../76, dated 19.3.76

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1. (1) The bye-laws may be called the Haryana Municipal Hawkers Bye-laws, 1976.

(2) They shall apply to all the municipalities.

2. In these bye-laws, unless the context otherwise requires,-

(a) "Act" means the Haryana Municipal Act, 1973;

(b) "deposits" means place any articles on or above the surface of a public street for the purpose of sale;

(c) "Executive Officer" means the Executive Officer of a Municipal Committee;

(d) "hawker" means a person who sells goods in a public street and includes a Behangiwala, Khonchewala and Pheriwala;

(e) "licence" means a licence issued in Form A appended to these rules [bye- laws?];

(f) "Secretary" means the Secretary of a Municipal Committee;

(g) words and expressions used herein but not defined in these bye-laws shall have the same meaning as are assigned to them in the Haryana Municipal Act, 1973.

3. No hawker shall deposit or cause to be deposited goods for sale or other articles in any public street within the municipal area, except in accordance with the conditions of a licence to be issued in this behalf by the Executive Officer or the Secretary, as the case may be.
4. The following fees shall be levied for the grant of licence referred to in bye-law 3 which shall not be refundable:-

(i) hawkers selling cloth - [one rupee] half yearly ending the 30th September and 31st March;

(ii) hawkers selling other articles - [one rupee] half-yearly ending the 30th September and 31st March.

5. The Executive Officer or the Secretary, as the case may be, may limit the time during which hawkers may be permitted to operate either generally or specially in respect of any class of articles or in any particular public street.
6. The licence granted under these bye-laws shall expire on the 30th of September or 31st of March next following the date on which the permission is granted.
7. The licence shall not be transferable except to a member of the family previously nominated and otherwise qualified with the permission of the Executive Officer or Secretary as the case may be.
8. The licence shall not be granted to-

(a) a person suffering from any loathsome, infectious or contagious disease;

(b) a person under the age of twelve years;

(c) a person convicted for unlawful sale or possession under the Excise Opium or Dangerous Drugs Act within three years of the date of conviction; or

(d) a person who has been found to have habitually committed a breach of these bye-laws or of the terms of the licence.

9. Subject to the provisions contained in bye-law 8, licence to any person who applies in writing to the Executive Officer or the Secretary as the case may be and tenders the prescribed fee shall be granted by the Executive Officer or the Secretary as the case may be unless for reasons to be recorded in writing by him he considers the applicant not a fit person for the grant of such a licence.
10. If the Executive Officer or the Secretary, as the case may be, is satisfied, after giving an opportunity to a hawker to explain any circumstances appearing against him, that a breach of these bye-laws or any of the conditions of the licence has been committed, he may, without prejudice to any other action that may be taken against him, cancel his licence.
11. Any person who commits a breach of or abets the breach of these bye-laws shall on conviction by a magistrate, be punishable with a fine which shall not be less than twenty-five rupees, and more than two hundred rupees and when the breach is continuing breach, with a further fine or ten rupees for every day after the first during which the breach continues.
12. All bye-laws relating to hawkers in force in the municipalities immediately before the commencement of these bye-laws shall stand repealed:

Provided that any order made or action taken under the bye-laws so repealed shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.

Form A

(See Bye-law 2)

Licence to deposit goods for sale or other articles on a public place

Non-Transferable

No.

Shri_____________, hawker, is hereby permitted to deposit the following goods for sale or other articles from_________a.m. to __________p.m. at __________, subject to the conditions specified on the reverse in the following streets:-

1.____________________

2.____________________

Fee

Name of goods

Attested photograph

Signature or thumb-mark of the hawker.

Date

Executive Officer/Secretary

Conditions

1. The licensee shall keep his licence with him and shall produce it on demand, by any official of the municipality or Police.
2. The licensee shall not deposit his goods for sale in public street for longer hours that is necessary to effect the sale and in particular shall not deposit his goods for display when not actually attending to a customer.
3. The licensee shall not hawk any other articles not included in the licence.
4. The licensee shall carry with him a receptacle for waste matter and shall deposit or cause to be deposited by his customers all waste matter from his goods therein.
5. The licensee shall not halt or deposit his goods for sale on any manhole, sewer, gutter or grating.
6. The licensee shall protect with fly-prof covers all articles liable to attract flies.
7. The licensee shall, on demand, permit any Sanitary Inspector to inspect or take any sample of any article of food or drink and such officer shall have the power to destroy, irrespective of the permission, any article of food or drink which he deems to be unwholesome.
8. The licensee and the person or persons in his employment and attending to the customers shall be cleanly clad and shall be free from any loathsome, infectious or contagious disease.
9. The licensee shall obey all such instructions as may be given by officials of the Health Department for protection and cleanliness of articles of food or drink.
10. Soliciting alms by the licensee or any person accompanying him shall render the licence liable to cancellation.
11. The licensee shall not carry or ring any bell or use any mechanical or other contrivance to attract customers.
12. Any breach of terms of the licence or of the bye-laws shall render the licence liable to cancellation, without prejudice to any other penalty to which the person to whom the licence has been granted may have rendered himself liable.