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RCB (Software Engineer)     09 August 2011

Roadside food vendors

Dear Sir/Madam,

 

Is Roadside food vending business is legal under the law?

I am having this query, since, I have seen Hoysala Police Team (Bangalore-Karnataka) taking bribe from them everyday.

 

Thanks in advance,

 

Regards,

RCB.



Learning

 10 Replies

Kiran Kumar (Lawyer)     09 August 2011

they are running business illegally....

 

but you will find the similar situation in every city of India, police and municipal authorities allow such type of activities for their own pockets.


(Guest)

road side food venturing to some what extent authorised by the local laws (municpality/commission act)  But they are covered under the act.  But they are misusing the same.

aditya (junior)     10 August 2011

But every police people dont ask for money or dont indulge in cprruption.I think it depends from state to state.How can in hardwar district (from where I belong), there are so many hawkers, innumerous carrying clothes and foods and SDM has allowed all of them. So saying it's illegal wont be right according to me.Infact SDM issued an order stating that they can do business only when markets are closed and that too, a seperate place has been allotted to them, so they can do business at that place only.Whole district knows this and is happy by this decision as they never blocks the road or create panic and ruckus during peak hours in the market.They have the right to business, state governments have no scheme under which they could be allotted small time shops to carry on with their trading.

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     10 August 2011

The Constitution of India has guaranteed the right to practice any profession, or to carry on any occupation, trade or business; so to that extent it is constitutionally valid. {Refer Article 19(g).

 

niranjan (civil practice)     10 August 2011

Hawkers are not illegal so long as they keep moving,but if they stand at one place permanently,they do not get right over that place and the Mun.has to take action against them.

Suchitra. S (Advocate)     11 August 2011

I say there are so many illigal activites still going on, like child labour. It is true that we have laws to ban child labour, at the same time there is so much poverty that we are not able to implement it. We all know how many children are earning their daily bread working somewhere or the other. It is not enough if we only have banned something, we have to provide alternate solution for the one who indulges in those activites. Otherwise it becomes meaningless and leads to corruption.

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     11 August 2011

agree with Mr. suchitra S

Gundlapallis (Advocate)     18 August 2011

Ld., friends Niranjan and Gourav rightly answered the point of your question.  You might be surprised to know these vendors also pay tax to local authorities.  Not anybody can just come on streets and sell their items, there are local (entry) taxes they pay and carryout their business.

The illegal aspect in your question is the 'police' taking money from them.  In your question the act of vendor is legal only the act of police is illegal, they are not tax collecting agents for the local authority.  Usually such tax collection rights will be auctioned away by the local authorities to private contractors, they do the collection and issue receipts.

victor (peon)     31 August 2011

HI 

  i think these vendors keep moving from place to place to do their business and it is done according to the area

holiday like place A area shops are closed on sunday so vendors come on sunday place B shops are closed on monday so these vendors come to that area on monday etc etc.

Problem is of the fixed vendors who put shop anywhere and create nuisance to people by shouting ,screaming,

spitting, urinating, drinking, playing cards  and ther is a big list if you object then you are  enemy of the poor god save us 

Sudhir Kumar, Advocate (Advocate)     10 December 2011

if you want to fight against this corruption the hawkers will resist you very badly. This is their lievelihood and by continous swatting they get entitled to kiosks. A few of them may be police informers and no wonder if any of them  may become stock witnesses when police files false cases against you. Municipality also have enourmous powers to issue challans.


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