Suggestions/Objection of CitiSpace

To MCGM’s

HAWKERS BYE-LAWS 2009

PART – 1

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
1.1 Brief Titles

(a) These byelaws shall be called as “Municipal

Corporation of Greater Mumbai Hawkers
(Occupation Regulation) Byelaws 2009”
(b) These bye-laws shall be applicable within the
jurisdiction of Municipal Corporation of
Greater Mumbai. (MCGM)
(c) After approval by the M.C.G.M., these bye-
laws shall come in force from the date when
they are published in the Govt. Gazette by the
State Govt. of Maharashtra.

1.2 Definition
A. If it is not repugnant in the subject then -
1. “Hawker” means a person who is duly
registered as “hawker” with M.C.G.M and
hawks on private or public land, by using
temporary or movable resource duly
approved by competent authority, or by
carrying the goods on head or body for
selling the commodity to public, but
without erecting any permanent
structure.

(NOTE – The P.C.O. booths for (Note - These should not be excluded
handicapped, Cobblers stall/ pitches, as being hawkers as section 313(A) &
Aarey Sarita Milk Booths and other 313 (B) clearly reads for hawkers and
Licensed Stalls, which are already issued licenses have been issued under
the licences under section 313(A) & these sections. Such differentiations
313(B) of M.M.C. Act, 1888 by M.C.G.M. will lead to confusion in
are excluded from the definition of implementation.)
hawkers)

2. “Stationary Hawker” means a person

who is selling the commodity or giving the
services from the allotted pitch demarcated
at Public / Private Land.

3. “Itinerant Hawker” means a person selling 3. Such “Itinerant Hawkers” must not
the commodity by moving from one place to be allowed to use any “movable
another or by using a movable resource resources” as indicated. In short

duly approved by competent authority or by
carrying the goods on head or body.
4. “Person” means any person who has
completed 18 years of age.
5. “Family” means husband, wife and their
children below 18 years of age.
6. “Hawking Zone-I” means the area that has
been duly declared as Hawking Zone” by
MCGM for the stationary hawkers to carry
on hawking activity on long term basis.
7. “Temporary Hawking Zone-I” means the
area declared as Temporary Hawking Zone
– I by MCGM to accommodate the hawkers
who are otherwise eligible as stationary
hawkers but could not be accommodated in
the Hawking Zone-I due to non-availability of
pitches.
8. “Hawking Zone-II” means that area which
has been declared as Hawking Zone by
MCGM where only itinerant hawkers will be
permitted to carry out hawking activity. Non-
Hawking zone, Hawking Zone-I &
Temporary Hawking Zone –I are not
included in this Hawking Zone-II.
9. “Non-Hawking Zone” means the area
where the hawking has been prohibited by
the M.C.G.M.
10. “Authorized Hawker” means a person duly
registered as a hawker to carry out the
hawking activity either in the approved
Hawking Zone or in the private premises,
with the due approval of property holder in
area duly declared as Hawking Zones by the
Municipal Corporation of Greater Mumbai.
11. “Unauthorized Hawker” means any other
hawker, other than authorized hawker.
2
nothing on wheels must be permitted.
It is clear that in a congested city as
Greater Mumbai, especially with
vehicular and pedestrian traffic, such
hawking will create chaos on roads &
footpaths.
7. “Temporary Hawking Zone I” must
be time bound with no extensions
permitted. This is vital as otherwise
they will become like the ‘temporary’
transit camps which are still existing in
many cases since the last 60 years!!
9. “Non- hawking Zones” means
where the criteria/guidelines laid down
by the MCGM apply.
10. “Authorized Hawker” means a
person duly registered by and with
the MCGM as a hawker to carry out
the hawking activity either in the
approved Hawking Zone or in the
private premises, with the due
approval of property holder in area
duly declared as Hawking Zones by
the Municipal Corporation of Greater
Mumbai.
11. “Unauthorized Hawker” means
all hawkers other than those licensed
or registered with and by the MCGM.

12. “Kiosks” means such a decorative box in
which hawking activity is carried out by
squatting/ sitting in the middle portion.
3
12. No Kiosks must be permitted at all
as they denote permanent structures
and they cannot be taken away at the
end of the permitted business hours.
Only folding tables as designed by the
MCGM according to strict
specifications must be permitted.

13. “Destitute Woman” means a woman who

has no means of livelihood and in whose
family there is no earning member.

14. “Backward Class Person” means a

person who is holding a valid caste
certificate issued by the competent
Government Authority by declaring him/ her
as belonging to Scheduled Caste /
Scheduled Tribe / Other Backward Class/
Nomadic Tribes / Bonded Nomadic Tribes /
Special Backward Class.

15. “Handicapped Person” means a person

who is holding a valid certificate issued by
Civil Surgeon or by the Competent
Authority by declaring him/ her as having
more than 40% physical disability and in
case of mentally retarded person having
I.Q. 60% to & 70%.

16. “Project Affected Person” means a

person who is holding valid certificate
issued by Competent Government Authority
by declaring him/ her as the Project
Affected Person.

17. “Market” Please add this

definition here

B. In these Byelaws any words or phrases which

have not been specifically defined here-above
shall deemed to have the same meaning as
that in the Mumbai Municipal Corporation Act,
1888.
 4
PART – 2

Institutional frame work for regulating hawking activity

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
2. Municipal Corporation of Greater Mumbai
City Hawkers Committee

2.1 Formation of City Hawkers Committee by 2.1 The whole concept of 73

the Municipal Corporation of Greater Committees (City Hawkers
Mumbai Committee; + 24 Ward Hawker
Committees; + 24 5 members
Committee; + 24 Ward Hawker
Technical Committees) in these Bye-
Laws 2009 is extremely unwieldy and
impractical and it will ensure that the
Committees never has a quorum or a
resolution for the implementation of
the Scheme.

CitiSpace suggests that only ONE

smaller tighter MCGM City Hawkers
Committee at the apex level be the
over arching Committee for all 24
wards who will undertake the duties
and responsibilities as prescribed in
the Bye-Laws 2009
Municipal Corporation of Greater Mumbai shall
form the City Hawkers Committee as under:-
1. President : Mayor
2. Member : Dy. Mayor
3. Member : Standing Committee -
Chairman
4. Member : Leader of the House
5. Member : Leader of the opposition
6. Member : Municipal
Commissioner
7. Member : Addl. Municipal
Commissioner (who has
a purview of Hawkers
Regulation)
8. Member : Dy. Commissioner of
Police (Traffic)
9. Member : An officer duly
nominated by Hon’ble
Municipal
Commissioner.
10. Member : Representatives of 10. Please name all such bodies and
various development do not have an etc.
authorities who hold
public places (Railway,
B.P.T., Collector,
 5
MMRDA, MHADA etc.)
11. Member : 3 members of 11. Please name all such bodies and
Organisations (Markets, do not have an etc. Also why
Traders Residents 3….what’s the rationale?
Welfare Association,
etc.) (out of which 1
shall be female
Member)
12. Member : 4 representatives of 12. Please see note below
hawkers union
(minimum 1 of which
shall be female)
13. Member : Lead Bank Manager 13. Who is a Lead Bank Manager and
what is his role?
14. Member : Maximum 4 members of 14. Please define the criteria of a
social organizations (out ‘social organisation’
of which 1 shall be
female)
15. Member Secretary: Dy. Municipal
Commissioner
(Hawkers/
Encroachment)

City Hawkers Committee shall be constituted with
at least 20% members from the hawkers’
representatives and at least 10% members from
the representatives of social organizations and they
shall be nominated by the Municipal
Commissioner. Similarly, as far as possible out of
the total, 1/3rd members is necessary for
Committee Meetings. The meeting shall be held at
least once in every 3 months, however, if required,
the President may call an urgent meeting.
The entire population of Greater
Mumbai is at any given time a
pedestrian and hence their
representation on this committee
should be more if not equal to those of
the hawkers.
There must be no nomination by the
MCGM of social organizations. In fact
only those organizations which are
registered and are working in the civic
and consumer areas must be chosen
by rotation to be on this committee. In
fact even representatives of Hawker
Unions, Markets, Traders Residents
Welfare Association, etc. should be by
rotation.

2.2 The duties and responsibilities of “City

Hawkers Committee” of Municipal
Corporation of Greater Mumbai
The duties and the responsibilities of the
Municipal Corporation of Greater Mumbai City
Hawkers Committee consist as follow:-
1. Planning and deciding the size of pitches 1. We totally disagree. There must be
to be allotted as per the eligibility of the only standardized pitches which must
respective hawker and according to the be decided by the apex City Hawkers
recommendation of the Ward Hawkers Committee. CitiSpace suggests the
Committee within the jurisdiction of MCGM guidelines as blessed by the
M.C.G.M. Supreme Court be the norm -- pitch

2. To decide the size and type of the
temporary apparatus (such as pitch,
khoka, kiosks, etc.) in case of registered
stationary hawker as well as type and size
of movable means in case of itinerant
hawker.
3. To make available temporary resources
after taking into account the nature of
occupation of hawker (e.g. stall, kiosk,
etc.) on the basis of street furniture in
consistence with beautification of the city
and to provide the same to hawkers on
stipulated terms and conditions decided by
M.C.G.M.
4. To recommend the number of registered
itinerant and stationary hawkers to the
MCGM.
5. To decide duration of hawkers registration
for not more than 5 years.
6. To decide the type of commodities to be
sold by itinerant and stationary hawkers.
7. To recommend Hawking Zone –I,
Temporary Hawking Zone-I and Hawking
Zone-II & Non-Hawking Zone to the
“Municipal Corporation of Greater Mumbai.
8. To decide policy regarding the facilities /
amenities to be provided to the hawkers in
Hawking Zones.
9. To decide policy about social security and
welfare of hawkers.
10. To decide about the policy for weekly
bazaars and to approve areas for weekly
bazaars.
11. To decide the policy about other issues
6
sizes being 1m x 1m and 2mx 1m for
sugar cane juice stalls, Aarey Sarita
etc.
2. No Kiosks must be permitted at all
as they denote permanent structures
and they cannot be taken away at the
end of the permitted business hours.
Only standardized folding tables and
umbrellas as designed by the MCGM
according to strict specifications must
be permitted.
3. Not acceptable. See 2 above.
MCGM must not provide they must
only give standardized design for
folding table and umbrella.
5. Only a 6 month period non-
extendable must be given for inviting
registration for hawkers.
6. MCGM must ensure that no white
goods, electronic goods, audio &
video cassettes/DVDs, expensive
gods, illegal & prohibited goods are
permitted to be sold by hawkers.
7. The Committee must ensure that
the criteria for Non-Hawking Zones in
point 4.121 & 4.122 in the Bye-Laws
2009 are adhered to.
 7
related to the regulating the hawkers.

12. To regulate stationary and itinerant

hawkers depending upon their numbers
that could be accommodated in Hawking
Zone-I, Temporary Hawking Zone-I and
Hawking Zone-II decided by the Ward
Hawkers Committee and found in the
survey.

Note: For example, a ward in which Licensed

Hawkers are more than the available pitches.

2.3 M.C.G.M. “Ward Hawkers Committee” 2.3 Completely unacceptable as only

Formation of the Ward Hawkers Committee
of M.C.G.M.
The Municipal Corporation of Greater Mumbai
shall form the Ward Hawkers Committee for
Administrative Ward as follows:-
politicians, bureaucrats and hawkers
are on this Committee. Where are the
citizens in this???

1. President : Ward Committee Chairman

2. Member : All Corporators form the said
Ward
3. Member : Senior Inspector of Police
4. Member : Police Inspector (traffic)
5. Member : Medical Officer (Health) of
the Ward
6. Member : Sr. Inspector
(Encroachment) of the Ward
7. Member : Asst. Engineer
(Maintenance) of the Ward
8. Member : Asst. Engineer (Roads)
Central Agency
9. Member : 4 members of local Hawker’s
Association (out of which 1
shall be women).
10. Member Secretary: Asst. Commissioner of
the Ward
11. Representatives of Resident
Asociations of the Ward must be
included in this Committee

The Ward Hawkers Committee shall be constituted
with at least 10% of the members from hawkers’
representatives and they shall be nominated by the
Zonal Dy. Municipal Commissioner. As far as
possible 1/4th of the total members may be women
representative. Out of total representatives, 1/3rd
quorum is necessary for committee meeting.
Meeting of said Committee shall be conducted at
least once in every 3 months. However, if required,
the President may call an urgent meeting.
The entire population of Greater
Mumbai is at any given time a
pedestrian and hence their
representation on this committee
should be more if not equal to those of
the hawkers.
There must be no nomination by the
MCGM of social organizations. In fact
only those organizations which are
registered and are working in the civic
and consumer areas must be chosen
 8
by rotation to be on this committee. In
fact even representatives of Hawker
Unions, Markets, Traders Residents’
Welfare Association, etc. should be by
rotation.

2.4 Duties and responsibilities of M.C.G.M.

“Ward Hawkers Committee”.

Duties and responsibilities of Ward Hawkers

Committee shall be as under:-

1. As recommended by the Ward Technical 1. There is no need to duplicate

Committee to recommend further to the
City Hawkers Committee for declaring
Hawking Zone-I, Temporary Hawking
Zone-I, Hawking Zone-II and Non-Hawking
Zone.
Committees. Please amalgamate the
Technical and the Ward Hawker
Committee as one and re-name it the
“Ward Hawkers Technical
Committee”

2. To direct Ward Technical Committee to 2. The Ward Hawkers Technical

prepare area-wise maps and number of Committee can direct the MCGM &
pitches accommodated in the Hawking Police departments represented by
Zone approved by the City Hawkers members to do as suggested in this
Committee. point.

3. As per the recommendation of Ward Ward Hawkers Technical

Technical Committee, to decide day and Committee……..
time for weekly bazaar.

4. If it is necessary to have allotment done 4. Not acceptable to have additional

after drawing lottery for stationary hawkers Committees introduced!!!
then to form the 5 members committee
consisting of:-
1. President : Ward Committee
Chairman
2. Member Secretary: Asst.
Commissioner of the
Ward.
3. Member : Sr. Inspector
(Encroachment) of the
Ward
4. Member : Asst. Engineer
(Maintenance) of Ward
5. Member : Sr. Inspector of Police
of any Police Station
within the Ward and
appointed by Ward
Committee Chairman

2.5 To form M.C.G.M. “Ward Hawkers 2.5 Please see point 2.4 above which
Technical Committee” we have recommended to be called
the Ward Hawkers Technical
To form Ward Hawkers’ Technical Committee Committee amalgating the
 9
of M.C.G.M. formation of Ward Hawker
Committee and Ward Technical
Committee
Municipal Corporation of Greater Mumbai shall
form Ward Hawkers’ Technical Committee for
each Administrative Ward as follow:-

1. President : Ward Committee Chairman

2. Member : Asst. Engineer (Maint.) of the
Ward
3. Member : Asst. Engineer (Road)
Central Agency
4. Member Secretary: Sr. Inspector
(Encroachment) of the Ward
5. Member : Sr. Inspector of Police
6. Member : Police Inspector (Traffic)

2.6 Duties and responsibilities of “Ward 2.6 2.5 Please see point 2.4 above
Hawkers Technical Committee” of MCGM which we have recommended to be
called the Ward Hawkers Technical
Following shall be the duties and Committee amalgating the
responsibilities of the Ward Hawkers Technical responsibilities of Ward Hawker
Committee of M.C.G.M.:- Committee and Ward Technical
Committee

1. To carry out survey of the hawkers, if
required, and to collect the details such as
type of commodity sold, duration of
occupation, place of hawking, etc. in a
prescribed format and collect supportive
documents during the Survey.
1. Use the existing 1998 TISS Yuva
Survey commissioned by the MCGM
for this purpose. It is called “Census
Survey of Hawkers on BMC lands
by Tiss and YUVA”

2. To identify the available spaces for 2. The Committee must ensure that
declaring Hawking Zone or Non-Hawking the criteria for Non-Hawking Zones in
Zone as the case may be and to make the point 4.121 & 4.122 in the Bye-Laws
recommendation for the same to Ward 2009 are adhered to.
Hawkers Committee. Also to codify the
Hawking Zones after sanction from the
Competent Authority.

3. If applications are received from people,
NGOs, Hawkers’ Union, etc. to declare
certain spaces as Hawking Zone or Non-
Hawking Zone then to verify them and
make recommendations to the Ward
Hawkers Committee as per the merits of
the application.
3. The Committee must ensure that
the criteria for Non-Hawking Zones in
point 4.121 & 4.122 in the Bye-Laws
2009 are adhered to when deciding
hawking & Non-hawking Zones.

4. To make recommendation to the Ward

Hawkers Committee after preparing plans
and deciding the number of pitches in the
area where the City Hawkers Committee
has accorded sanction to declare Hawking
 10
Zone.

5. To make recommendation to the Ward 5. MCGM must ensure that no white

Hawkers Committee for deciding the type goods, electronic goods, audio &
of commodities to be sold in designated video cassettes/DVDs, expensive
Hawking Zone. goods, illegal & prohibited goods are
permitted to be sold by hawkers.

6. To make recommendation to the Ward

Hawkers Committee for deciding the
places, days and time for conducting
Weekly Bazaar.

7. If any complaint is received against the

hawker from the general public, then to
initiate action such as inflicting fine,
canceling and/or suspending the
registration, as per the policy of the MCGM
after verification of complaint.

8. To form Managing Committee for each of 8. More Committees ??????

the Hawking Zone.
 11
PART – 3

Registration of hawkers
MCGM Bye-laws 2009 Suggestions/ Objections by
CitiSpace
3.1 (A) Procedure for registration and general
terms and conditions for stationary
hawkers.

1. Except Cobbler Pitch/ Stall, P.C.O. Booth,
Aarey Sarita Stalls and other General
Stalls, the remaining licensed hawkers
shall be accommodated as per the
availability of space in the declared
Hawking Zone-I as far as possible in the
same Ward and where it is not possible,
then, in the available places in other
Wards and applications shall be called for
the remaining available places in the
Hawking Zone-I.
1. These should not be excluded as
being hawkers as section 313(A) &
313 (B) clearly reads for hawkers and
licenses have been issued under
these sections. Such differentiations
will lead to confusion in
implementation.

2. If required, the Municipal Commissioner,

will make an appeal to those who want to
get registered as Stationary Hawker, by
publishing a Public Notice in the
newspaper.

3. If required, in order to get registered as

Stationary Hawker, the applicant may
submit his application to respective Ward
Technical Hawker Committee in
prescribed format by quoting his
preference for the Ward where such
pitches are available and such
applications will be made to maximum 3
Wards.

4. The applicant who wants to get registered
as Stationary Hawker shall submit his
application by enclosing a Domicile
Certificate showing his inhabitance in the
State of Maharashtra for a period of
minimum 15 years.
4. Use as a reference the existing
1998 TISS Yuva Survey
commissioned by the MCGM. It is
called “Census Survey of Hawkers
on BMC lands by Tiss and YUVA”

5. At the time of registration, the hawker

shall pay fee for one year at the time of
first registration and thereafter
subsequently, registration fee for the
respective one year decided as per Policy
shall be paid in advance for continuation
of registration.

6. M.C.G.M. shall provide Identity Card with

 12
photograph to each duly registered
Stationary Hawker.

(B) General Terms & Conditions for

registration of stationary hawkers.

1. Every registered Stationary Hawker shall 1. The identity card will bear his
display his Identity Card which will be photograph, signature or thumb
easily visible. impression.

2. When the Stationary Hawker will not be

available at the allotted site to conduct
hawking activity then in such
circumstances that registered stationary
hawker may nominate by mentioning in
his application the name of one family
member. The person so nominated by
the stationary hawker if commits
infringement of any of license conditions
then it will be treated as the infringement
is done by the registered stationary
hawker and shall be liable for action.

3. The ownership of pitch allotted to the

Stationary Hawker shall remain with
M.C.G.M. The registered hawker shall
have no right in any manner on the
allotted pitch. The registered hawker is
not entitled to transfer the allotted pitch to
anybody in any manner.

4. Registered Stationary Hawker shall hawk

only on the pitch allotted by M.C.G.M.
only in Hawking Zone-I and Temporary
Hawking Zone-I by keeping the
commodity on pitch or by using folding
table which will be of completely
temporary nature, during stipulated time
limit and it will be binding on the hawker
to remove the folding table and goods
after the time limit is over.

5. By taking into account nature of business
of the hawker and in consistence with
beautification of the City, if the City
Hawker Committee has provided through
MCGM the resources such as stall, kiosk,
etc. then it shall be binding on the hawker
to comply the prescribed terms and
conditions of MCGM.
5. MCGM must not dole out at all. This
is a profit making commercial activity
hence the hawkers must pay for
standardized folding and umbrella
designed by the MCGM.

6. For any reason which will be deemed fit

by MCGM, the Ward Asst. Commissioner
 13
is competent to stop use of allotted pitch
for a certain period by giving 24 hours
notice which shall be in writing or by
verbal instruction as the case may be.

7. Stationary Hawkers shall hawk within the

stipulated time period fixed by the
MCGM. It will also be binding on the
stationary hawker keep good conduct
and behave politely with the customers.

8. The stationary hawker is prohibited to

shout loudly, to physically touch the
customer, to use megaphone and flash
lights for attracting the attention of the
customers.

9. Stationary Hawker shall sell the

commodity, which is mentioned in the
registration certificate only.

10. The registration shall be cancelled if

there is infringement of any of the terms
and conditions stated in the certificate of
registration. However, before canceling
the registration, opportunity shall be
given to the hawker by issuing a notice to
submit his say before the Ward Asst.
Commissioner.

11. Selling of the registration is prohibited on

the death or incapacitation of the
registered stationary hawker. However,
the said registration can be transferred in
the name of legal heir.

3.2 General terms for registration of itinerant

hawkers

(A) The procedure for registration of itinerant

hawker will be as under:-

1. Municipal Commissioner will publish a

notice in daily newspaper for registering
hawkers under MCGM.

2. The applicant shall submit his application

in prescribed form to maximum 3 Ward
Technical Committees by giving
preference for registration in MCGM
jurisdiction.

3. At the time of making application for
registration as a hawker, it is compulsory
to submit the application by attaching a
Domicile Certificate showing the
inhabitance of applicant in the State of
Maharastra for a minimum period of 15
years.
14
3. Use as a reference the existing
1998 TISS Yuva Survey
commissioned by the MCGM. It is
called “Census Survey of Hawkers
on BMC lands by Tiss and YUVA”

4. The maximum period of registration will

be upto 5 years and thereafter it shall be
mandatory to renew the registration.

5. The hawkers so registered shall initially

pay registration fee for one year period in
advance and thereafter subsequently fee
prescribed for every year as per the
policy shall also be paid in advance in
order to maintain the continuity of
registration.

6. The MCGM shall provide Identity Card to 6. A signature or thumb impression

each authorized registered hawker must also be added.
bearing photograph.

(B) General Terms & Conditions for

registration for Itinerant Hawker.

1. Every registered itinerant hawker shall

display identity card issued by MCGM,
which will be easily visible.

2. Itinerant hawkers will carry out their

activity in the areas excluding Non-
hawking Zone and Hawking Zone-I.

3. Itinerant hawkers shall carry out their

activity of hawking within the stipulated
time period fixed by MCGM.

4. The registered itinerant hawker is

prohibited from cooking and preparing
eatables. Itinerant hawker shall sell the
commodities which are stated in letter of
registration only.

5. The registered itinerant hawker shall do
the hawking activity by carrying goods in
the basket or bag on head or body or by
using movable resources duly permitted
by MCGM.
5. Such “Itinerant Hawkers” must not
be allowed to use any “movable
resources” as indicated. In short
nothing on wheels must be permitted.
It is clear that in a congested city as
Greater Mumbai, especially with
vehicular and pedestrian traffic, such
 15
hawking will create chaos on roads &
footpaths.

6. Itinerant hawker shall not throw the waste

anywhere on the road, but it will be
disposed in a dustbin provided by
MCGM.

7. The registered itinerant hawker, if found

doing hawking activity in Hawking Zone-I
or Non-Hawking Zone, then registration
shall be cancelled and action will be
initiate as per the provisions of these
byelaws and as per the provisions of the
M.M.C. Act, 1888.

3.3 Recovery of fees from the authorized

registered stationary and itinerant
hawkers.

1. The fees will be recovered from the

stationary hawkers doing hawking
business in Hawking Zone-I and
Temporary Hawking Zone-I as
sanctioned by MCGM and as stated in
Appendix-A.

2. The fees from itinerant hawkers doing

hawking business in Hawking Zone –II &
Temporary Hawking Zone-I, Weekly
Bazars, Food Court areas, etc. will be
recovered as sanctioned by MCGM and
as stated in Appendix-B.

NOTE: The fee to be recovered form Cobbler pitch/
stalls, P.C.O. Booths, Aarey Sarita and other stalls
duly permitted as per the provisions of section 313
(A) & (B) of the M. M. C. Act is not included in
these Byelaws because they have been exempted
from the definition of “Hawker” or from the
“Registration as hawker” under these Byelaws.
Note: These should not be excluded
as being hawkers as section 313(A) &
313 (B) clearly reads for hawkers and
licenses have been issued under
these sections. Such differentiations
will lead to confusion in
implementation.
 16
PART – 4

Planning for Hawking Activity Zone

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
4.1 To declare Hawking and Non-hawking
Zones.

4.11 To declare Hawking Zone

4.(A) Criteria

Following criteria shall be adopted for

declaring Hawking zone.

1. Hawking Zone-I
i) Generally by applying specific methods
mentioned in Paragraph 4.2, places
shall be demarcated to declare
Hawking Zone-I for the activity of
stationary hawker.

ii) Temporary Hawking Zone-I will be
declared on the footpaths which are not
included in Paragraph 4.12 and there
will not be traffic congestion and
obstruction to the traffic. However,
efforts will be made to phase out the
Temporary Hawking Zone-I as and
when areas are created for hawking
activity of stationary hawkers as per
paragraph 4.2
ii) “Temporary Hawking Zone I” must
be time bound with no extensions
permitted. This is vital as otherwise
they will become like the ‘temporary’
transit camps which are still existing in
many cases since the last 60 years!!
Also Congestion must include
pedestrian and vehicular traffic.

2. Temporary Hawking Zone-I 2. “Temporary Hawking Zone I” must

“Temporary Hawking Zone-I” means the
area which has less preference to declare
as Non-Hawking Zones, but creating the
need for Temporary Hawking Zone-I
because less number of pitches are
available in comparison to eligible
stationary hawkers.
be time bound with no extensions
permitted. This is vital as otherwise
they will become like the ‘temporary’
transit camps which are still existing in
many cases since the last 60 years!!

3. Hawking Zone-II 3. Who will monitor this? Will you

The roads which are not declared as Non- place a MCGM person or a constable
hawking zones and there is no congestion behind every such itinerant hawker?
and obstruction to traffic, such roads will This category must only be allowed to
be declared as Hawking Zone –II. The do door to door sales and not on
itinerant hawkers will be permitted to carry roads and pavements.
out the hawking activity by moving from
place to place in this zone but under no
circumstances they will be entitled to
conduct the activity in the stationary
 17
manner.

4.(B) Procedure

(a) Procedure for declaring Hawking

Zone in M.C.G.M. areas

Procedure for declaring Hawking Zones

in MCGM areas is as follows:-

1. Hawkers Technical Committee of

the Ward shall conduct survey to
decide the areas for stationary and
itinerant hawkers.

2. If necessary, the Hawkers

Technical Committee of the Ward
will conduct survey of the hawkers.

3. If the citizens, social institutions, 3. Only those applications must be

hawkers’ unions, who desire to considered where point 4.121 & 4.122
create certain areas as Hawking or above do not apply.
Non-hawking zone, then such
application shall be made to Ward
Hawkers Technical Committee of
the Ward by paying Rs. 1,000/- as
verification charges.

4. The Hawkers Technical Committee

of the Ward shall forward proposal
to obtain NOC from A.E.
(Maintenance) of Ward or A.E.
(Roads), Central Agency and sr.
Inspector (Traffic) when area is to
be declared as Hawking Zone for
stationary or itinerant hawkers as
per survey or application received
from citizens, social institutions,
etc.

5. Hawkers Technical Committee of 5. The last time this exercise was

the Ward on receipt of “No done it was ensured that no citizen or
Objection Certificate” from A.E. hawker saw the notice. This time
(Maintenance of the Ward or A.E. around please ensure that a better
(Roads) of Central Agency and sr. system is in place and that a person is
Inspector (Traffic) shall submit the named per ward who will be held
proposal to Ward Hawkers responsible if not done properly.
Committee. Before recommending
a Hawking Zone, the Ward
Hawkers Committee shall display a
Notice which will be prominently
visible on the Notice Board of the
Ward Office and at two places
 18
where Hawking Zone is proposed
to invite suggestions and objections
from the citizens by giving 30 days
period.

6. The Chairman of the Ward

Hawkers Committee, Asst.
Commissioner of the Ward and
Local Sr. Inspector of Police shall
give hearing on suggestions/
objections received from citizens
and submit the proposal to the City
Hawkers Committee with
recommendations.

7. Name board of “Hawking Zone”

with its details shall be displayed in
each declared Hawking Zone.

4.(C) The procedure to decide the number of

to stationary and itinerant hawkers in
M.C.G.M. jurisdiction

1. Hawker Technical Committee of the

Ward shall work out maximum number
of hawkers as stationary and itinerant
hawkers in the Ward by taking into
account the areas which can be
created or likely to be created as
Hawking Zones by applying specific
method with reference to paragraph
4.2 and shall make such
recommendation through Ward
Hawkers Committee to City Hawkers
Committee.

4.12 To declare Non-Hawking Zone

4.121 Criteria for Non-Hawking Zones.

Following criteria shall be adopted for

declaring Non Hawking Zones:-

1. Footpaths having width less than 3 mtrs.

2. Crowded places where there is traffic

congestion.

3. Any Flyover bridge and Railway Foot 3. Add the words ‘skywalks and ‘all
Over Bridge. elevated walkways’

4. Prohibited Areas on account of security

and confidentiality.
 19

5. Portion of the Footpaths used as

entrance to the shop.

6. Area within 100 mtrs. from the Municipal 6. Include all markets as markets are
Market. congested areas and open to terror
attacks. Also the distance we should
be 150m

7. Area of roads and footpaths within 100 7. The distance we suggest should be
mtrs. from all sides from places such as 150m.
Religious Places, Hospitals, Educational
Institutes and Railway Stations.
However, pitches can be allotted to
stationary hawkers to carry out following
activities near the religious places –

i) Flower garlands For i), ii), & iii) There should be only
ONE in each category. Wherever
ii) Selling Coconuts, Aggarbattis and possible they should be within the
candles compound wall of the registered place
of worship. No pavement shrines
iii) Pooja articles should have any of these.

4.122 Preferential orders for declaring Non-

Hawking Zone

Non Hawking Zone shall be declared by

following the preferential order stated below:-

1. Prohibited areas for the reasons of

confidentiality and security.

2. Sensitive places such as Religious 2. Add Municipal and other Markets

Places, Hospitals, Educational
Institutions, Railway stations etc.

3. Crowded places where there is

congestion and obstruction to the
traffic.

4. Portion of the Footpaths used as

entrance to the shop.

4.123 Procedure

A. Procedure to declare Non-Hawking

Zones in the jurisdiction of
M.C.G.M.
As mentioned in the paragraph 4.123
the preferential order for declaring
Non-Hawking Zones will be adopted
as under:-
 20

i) When the City Hawkers Committee

decide and declare certain area as
Hawking Zone-I, Temporary Hawking
Zone-I & Hawking Zone-II, then a
board stating “Hawking Zone” shall be
displayed in such area. Roads and
footpaths where such board of
“Hawking Zones” are not displayed,
then all such areas shall be considered
as “Non-Hawking Zones”.

ii) If any area out of Non-Hawking

Zone is proposed to be declared as a
Hawking Zone-I, Temporary Hawking
Zone-I, Hawking Zone-II, then
procedure as laid down in para4.(B)
shall be adopted.

4.124 Phase-wise implementation of Non-

Hawking Zone

While declaring Non-Hawking Zone as per

aforesaid procedure, M.C.G.M. shall take
phase-wise action in following manner:-

a) List of roads to be declared as Non-

Hawking Zone as per criteria
mentioned in Paragraph 4.121 shall be
prepared initially and then priority shall
be decided by applying criteria in
paragraph 4.122.

b) Excluding those who are otherwise not

covered by the definition of hawkers,
list of other person carrying out
business activity on such roads shall
be prepared and eligible stationary
hawkers as per paragraph 501 shall be
separated.

c) The eligible stationary hawkers from

the separated list will be
accommodated as per the preferential
order mentioned in paragraph 5.1 at
the available spaces as per paragraph
4.2 and on the footpath which are not
affected as per the criteria of paragraph
4.121 to declare “Temporary Hawking
Zone-I”.
As mentioned in Para 4.124(b), if
the available spaces are inadequate
compared to number of eligible
 21
stationary hawkers, then the City
Hawkers Committee shall
accommodate them at the places
where more pitches are available and
still if is not possible, then as
mentioned in paragraph 4.122, the
Non-Hawking Zones having less
preferential order shall be declared as
“Temporary Hawking zone-I” on purely
temporary basis.

d) The hawkers not fulfilling the criteria in

paragraph 5.1 to come in the
preferential order to become stationary
hawkers, then such hawkers shall be
registered as “Itinerant Hawkers” and
the road shall be declared as Non-
Hawking Zone.

e) The roads which are to be declared as

Non-Hawking Zone on priority basis in
preferential orders as per paragraph
5.1, shall be declared first as Non-
Hawking Zones and the hawkers
conducting their activity on such roads
shall be considered for rehabilitation as
stationary hawkers within the meaning
of paragraph 5.1 at the places available
as per paragraph 4.2. Subsequently,
as and when pitches will be available
as per paragraph 4.2, Non-Hawking
Zone shall be extended step by step.

ee) As and when more pitches will be

available as per paragraph 4.2 the
more and more hawkers from the
Temporary Hawking Zone on the
footpath shall be shifted as stationary
Hawkers.

f) The roads which are falling in a criteria

of paragraph 4.121 shall be declared
as Non-Hawking Zones after following
the above procedure.

4.13 Action plan for regulating hawkers

Regulation of hawking activity of hawkers

shall be done by the M.C.G.M. as follows:-

1. The total number of hawkers shall be

decided by referring to the survey report
done by the duly appointed Institute in
 22
the past or by conducting a fresh
survey, if necessary.

2. The hawkers shall be divided in various

categories as per paragraph 4.21(3)
after the survey.

3. Initially, registered stationary hawkers

doing business in priority-wise declared
Non-Hawking Zones shall be shifted
immediately as mentioned din
paragraph 4.2 in available urban
spaces as per preferential order
enumerated in paragraph 5.1.
Thereafter, remaining registered
stationary hawkers shall be shifted for
the time being in declared “Temporary
Hawking Zone-I as mentioned in
paragraph 5.1.

4. As mentioned in paragraph 4.2, 4. ‘Not step by step’ but within a

M.C.G.M. shall make efforts to create prescribed time-frame.
more and more spaces and areas ofr
stationary hawkers. The registered
stationary conducting hawking activity
in Temporary Hawking Zones shall be
shifted in the urban spaces, which are
created step by step by following
priority order in paragraph 5.1. All the
roads and footpaths where Temporary
Hawking Zones-I is declared, shall be
made free of hawkers step by step after
micro-planning and effective
implementation.

4.2 Creating new areas for hawking activity of

Hawkers

4.21 Planning of areas for stationary hawkers.

1. While declaring new Hawking Zones in

M.C.G.M. jurisdiction generally, excluding
already declared Temporary Hawking
Zones, no stationary hawking activity shall
be permitted on roads and footpaths.

2. While formulating New Development Plan

and also while developing new areas of
the city, there shall be place for regulating
hawkers which shall be incorporated in the
planning.

3. While regulating the area for stationary

 23
hawkers as far as possible the shall be
classified into three categories-
a. Hawkers selling pre-cooked food or a. No cooking of food must be allowed
cooking food and selling food on the on pavements but only in the food
same spot. plazas as mentioned below.
b. Hawkers selling vegetables, fruits,
milk, eggs etc.
c. Other hawkers (eg. selling readymade
garments, cutlery etc.).

A. Planning areas for regulating hawkers A. All issues below must be subject to
selling pre-cooked foods or hawkers FDA, health, hygiene, fire and SWM
cooking and selling foods on the same spot. departments’ rules and regulations.

All suggestions below apply to all

points of A 1a, b, c, 2) & 3) below.

1. “Creating Food Plazas”-

a. Food plazas shall be created at the MCGM must ensure that all Food
prominent locations such as Railway Plaza related permissions must
Stations, Bus Depots, Schools, Colleges, ensure all activity related to this is
Cinema Theatres, etc. The authorities within the premises of the Railway
or private owners who will provide such Stations, Bus Depots, Schools,
spaces for Food Plazas shall be Colleges, Cinema Theatres, etc. and
encouraged by incentives such as no extension or spill over must be on
Transferable Development Rights public spaces.
(T.D.R.) for more Floor Space Index
(FSI). No cooking on the pavement as so
does not apply.
b. The space provided to the hawkers
preparing and selling eatables on the Within the premises as above. Instead
same spot shall be more than that utilize Municipal Markets for such
provided to hawker selling pre-cooked activities.
foods.
Since MCGM is not on duty after and
c. Common facilities such as place for on Sundays and public holidays who
eating, arrangement for drinking water is going to monitor, supervise,
and for washing hands, dust bin, etc. implement and regulate this kind of
shall be provided in Food Plazas. activity??? Instead utilize Municipal
Markets for such activities.
2) “Night Time Food Courts”-
The roads where there is less traffic in the Since MCGM is not on duty after and
evening shall be selected for Night Time on Sundays and public holidays who
Food Courts. On such roads, registered is going to monitor, supervise,
hawkers will be permitted to sell eatables implement and regulate this kind of
after 8.00 p.m. by using approved vehicles activity??? Instead utilize Municipal
or resource of particular size and type duly Markets for such activities.
approved and permitted by M.C.G.M.

3) “Weekly/ Weekend Food Courts”-

Roads and footpaths of parts of the City will
be reserved on the day of Public Holiday
and also last 2 days of the weekend i.e.
 24
Saturday and Sunday of a week as Food
Court. On such roads, registered itinerant
hawkers will be entitled to sell eatables at
night after 8.00 p.m. with the help of vehicle
or resource of a particular size and type duly
permitted by M.C.G.M.

B. Planning for providing pitches to the B. In Municipal Markets.

hawkers selling vegetables, fruits, milk,
eggs, etc.

1. The MCGM while constructing Municipal 1. Also include current Municipal

Markets or while re-developing old Markets by modifying the Rules NOW
markets, shall make provision for to accommodate hawkers& create
providing pitches for registered stationary food plazas/courts.
hawkers. For this purpose, additional FSI
shall be made available and 50% of total
carpet area shall be made available for
regulating the said hawkers.

In such planning the top floor of the

building will be reserved for Food Courts.
On remaining floors, 50% space shall be
kept reserved for registered stationary
hawkers selling day to day essential
commodities and remaining space will be
allotted to other traders and shop keepers
so that citizens will be attracted threat.

2. In the schemes such as Redevelopment 2. Please pre-determine the quantum

of old buildings, Redevelopment of Slums of FSI and standardise this.
and Urban Renewal Schemes, for the
convenience of citizens, it shall be
permissible to construct the reserved
galas for selling following day to day
essential commodities.
1) Fruits and Vegetables
2) Milk, Bread and Eggs
3) Grocery
4) Medicines and Ironing

It shall be permissible to give free FSI for

construction of these galas if written
undertaking to that effect is given by the
developer that such galas shall be made
available for registered stationary
hawkers.

3. While giving permission for construction

for private buildings, it will be permissible
to construct the galas, which shall be
reserved for selling day to day essential
commodities as mentioned below, for the
 25
convenience of occupants of the said
building.
1) Fruits and Vegetables
2) Milk, Bread and Eggs
3) Grocery
4) Medicines and Ironing

It shall be permissible to give free FSI for Please pre-determine the quantum of
construction of these galas if written FSI and standardise this.
undertaking to that effect is given by the
developer that such galas shall be made
available for registered stationary
hawkers.

4. When cluster development is being done

in MCGM Jurisdiction then while providing
amenities, 20% of the carpet areas shall
be made available for selling daily
required commodities and 50% of this
area shall be reserved for the registered
stationary hawkers selling day to day
useful commodities.

5. In the jurisdiction of MCGM with the 5. As long as the open space is not a
permission of Co-op. Housing Society garden, park or such reservation in
registered hawkers may be allowed to the layout plans.
carry out permitted hawking activity in
given period in the open space.

NOTE: Paragraphs 4.21(A)(1),(B)(1)(2)(3)(4) & (5) Note: Make the amendments to

of this Byelaws are subject to necessary Municipal Markets immediately.
amendment to the D. C. Regulations
applicable for M.C.G.M.

C. Planning for the space for other hawkers

(readymade garments, cutlery etc.)

Action shall be taken as per above 4.13.

4.3 The facilities to be provided in Hawking

Zones
In Hawking Zone – I, the following one or all
facilities shall be provided in the area
allotted for hawkers depending upon No.
and need of hawkers.

1. To make provision for disposal of Solid

Waste.

2. To construct public toilets for keeping 2. MCGM must amalgamate it’s total
the area clean. plan for constructing public toilets with
the funding coming from various
funding agencies such as the World
 26
Bank etc. and not create a separate
category for toilets for hawkers.

3. To provide electricity 3. This should not be given as it will

create far too many problems of
misuse and abuse

4. To provide for drinking water. 4. Absolutely not. They can bring their
own bottles.

5. To provide common covers for 5. Only Folding tables and umbrellas

protection from sun, rain, dust and wind standardized by MCGM providing
etc. designs.

6. To build peripheral wall around the 6. Under no circumstances. This will

hawking area. be a perfect space for illegal activities.

Expenditure for providing above said facilities shall

be recovered by concerned hawkers by Municipal
Corporation of Greater Mumbai.
 27
PART – 5

Distribution of places for stationary hawkers.

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
5.1 The priority for shifting stationary
hawkers.
1. Hawkers carrying out hawking activity in
Non-Hawking Zone declared first in order.

2. Eligible stationary hawker on the land

affected due to development schemes, or
proposed development scheme
undertaken by the Municipal Corporation
of Greater Mumbai.

3. Stationary hawkers carrying out activity in

the declared Temporary Hawking Zone-I.

To shift the stationary hawkers as above,

the following order shall be followed.

a. Former licensed hawkers with proof of 15

years stay in the State of Maharashtra
shall be given priority as per the date of
license issued. Thereafter if pitches are
available then:

b. Those hawkers who have proof of domicile
in Maharashtra State for more than 15
years and included in the list of hawkers
surveyed through agencies appointed by
MCGM but who are not given proper
license, shall be considered. Thereafter, if
the pitches are available then remaining
hawkers shall be considered.
b. . Use the existing 1998 TISS Yuva
Survey commissioned by the MCGM
for this purpose. It is called “Census
Survey of Hawkers on BMC lands
by Tiss and YUVA

c. Those hawkers who have proof of domicile

in Maharashtra State for more than 15
years but not included in the list of
hawkers surveyed through agencies
appointed by the Corporation shall be
taken into consideration.

5.2 Parallel reservation for allotment of pitches

There shall be parallel reservation for
distributing pitches for stationary hawkers as
per above priority as stated below, however,
this reservation shall be available applicable
only on the pitches available after
accommodating hawkers holding licenses in
the past.
 28
a. Handicapped person 3%

b. Backward class – 20%

d. Person below poverty line – 10%

In each of these categories 30% reservation

shall be there for women and priority shall be
given to destitute widows.

5.3 Procedure for shifting the licensed

stationary hawkers.

1. Seniority list of licensed stationary

hawkers having proof of domicile in the
Maharashtra State for more than 15 years,
shall be prepared on the basis of the date
of their licenses and they shall be
considered for allotment of pitches as per
their seniority.

2. After declaration of Hawking Zone and

Non Hawking zone by City Hawkers
Committee with the approval of competent
authority; while allotting pitches to former
licensed hawkers carrying their activity
since long back shall be allotted pitches at
the same place or in the same Ward as far
as possible. However, if it is not possible,
then as per availability of the pitches,
pitches shall be allotted in nearest
Administrative Ward.

3. Those licensed hawkers doing hawking

business in Non Hawking Zone shall be
shifted to the Hawking Zone in the same
Ward. If the number of hawkers exceeds
than the number of pitches available then
pitches shall be allotted by way of Draw of
Lots.

5.4 Allotment of pitches by draw of lots

1. In Hawking Zones where number of
applications are more than the number of
pitches available then names of applicants
shall be decided by way of drawing lots.

2. If any applicant does accept allotted pitch,

then in order to avoid fresh draw of lots,
10% more names of applicants than the
available pitches shall be decided in the
draw of lots and such name shall be kept
on a waiting list.
 29

3. Draw of lots shall be done through a panel

of juries.

4. Before commencement of actual draw of

lots, a demonstration shall be carried out
by the Panel of juries in front of the
applicants present.

5. A result of the draw shall be displayed on

the board immediately. Similarly result of
waiting list shall also be displayed.

6. A Panel of Juries shall note all the

points in detail right from
demonstration till the results are
declared and they shall sign the said
record.

7. The final result of draws as decided by the

Panel of Juries shall be displayed on the
notice board of the Ward Office.

8. The President of the Panel of Juries shall

communicate the information in this behalf
in writing to Ward Hawkers Committee.
 30
PART – 6

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
14. Social security

A. Financial Assistance for Share Capital

The Hawking Zone Management
Committee shall collect the subscription
from their members and deposit it in the
bank account from which an amount of
various civic amenity bills shall be
deposited in the Ward Office. Municipal
Corporation of Greater Mumbai shall
assist the hawkers for share capitals as
per their needs by making available loan
from the Lead Bank of the District.

B. The Insurance Coverage.

1. There should be accidental insurance
coverage for the hawkers.

2. There should be health insurance

coverage for the hawkers.

3. There should be insurance to protect

goods and resources used by
Hawkers.

An amount for securing insurance policy

as stated above, may be included in
registration charges and recovered by
M.C.G.M. at the time of registration or
Hawking Zone Management Committee
may draw a consolidated Insurance of all
hawkers by recovering an separate
amount for Insurance.

C. Health Check-up
The Health Centers of the Municipal
Corporation of Greater Mumbai shall
carry out the medical check-up of hawker
at least once in a year. However, if
required, the City Hawkers Committee
may reduce the period of medical check-
up of hawkers.

D. Training and Development of Skills

Since the hawkers are very petty
businessman, the Municipal Corporation
of Greater Mumbai shall arrange training
programme for increasing their income
and to find out other options of income
 31
and also for increasing their technical and
professional skill.

15. Collection of Revenue

1. The Ward Hawkers Committee shall
charge following fees with the due
sanction of City Hawkers Committee:-

a. Registration Charges (Fee).

b. Monthly maintenance charges: these

charges shall differ depending upon
the place and type of business.

c. fine.

2. The revenue so collected shall be

deposited in the treasury of Municipal
Corporation of Greater Mumbai. The
accounting for this revenue shall be
maintained separately. The budget of
hawkers committee shall be prepared by
taking into accounts the funds so
collected.
 32
PART – 7

MCGM Bye-laws 2009 Suggestions/ Objections by

CitiSpace
16. Control and Regulation

1. To ensure successful implementation of

these byelaws Municipal Corporation of
Greater Mumbai shall classify the city
roads in the non-hawking zones in beat-
wise manner.

2. Municipal Corporation of Greater Mumbai

shall appoint supervisory staff for making
supervision of each Beat.

3. A cognizable offence shall be registered

against the unregistered hawker as per
provision of M.M.C. Act and encroachment
removal action shall be taken against him.

4. If the registered authorized hawker is

found hawking in Non-hawking Zone and /
or unregistered hawkers is found hawking
unauthorizedly in Non-hawking Zone then
a cognizable offence shall be registered
against the hawker and registration shall
be cancelled as per provision of Municipal
Corporation of Greater Mumbai Act.
Further, encroachment removal action
shall also be taken.

5. Goods seized by the Municipal

Corporation of Greater Mumbai from Non-
hawking zone shall not be redeemed and
such goods shall be auctioned as per the
provisions of the Act.

17. Penalties

A person committing breach of these Byelaws

shall be –

a. Fined upto Rs. 5000/- and an ordinary

imprisonment for six month’s period for
unregistered hawker doing hawking
activity in Hawking Zone, after the offence
is proved.

b. Fined upto Rs. 5000/- and an ordinary

imprisonment for six month’s period if
hawker is found hawking in Non-Hawking
Zone after the offence is proved.
 33

c. In addition to (a) & (b) as above in case of

breach of other provisions of these
Byelaws, the offenders shall be fined upto
Rs. 500/- and in case the breach is
repeated, the fine shall be Rs. 20/- per
day from the day of first breach occurred.
Before recovery of fine, the Asst.
Commissioner of the Ward or any other
authorized officer duly appointed for this
purpose shall issue a notice to the hawker
and then if jurisdiction is received within a
stipulated time limit as prescribed in the
notice, after considering it, a proper
decision about fine shall be taken. In
addition to imposing fine, it shall be at the
discretion of an officer to compel the
offender hawker to rectify the breaches.

18. Arbitration Powers

The decision of the Municipal Commissioner

of Municipal Corporation of Greater Mumbai
shall be final in case of any dispute regarding
Interpretation of provisions of these byelaws.