General Recommendations by the NGO Council submitted to BMC regarding The Scheme for Hawkers in Mumbai – 2006

General Recommendations by the NGO Council

submitted to

The Municipal Corporation of Greater Mumbai

regarding

The Scheme for Hawkers in Mumbai – 2006

5^th June 2006  

(based on Supreme Court guidelines, and Reports of the three 3-member committees) 

1. Background and Summary of Broad Recommendations 

The Supreme Court Guidelines are the following: 

a) Roads and footpaths are for commuting. Hawking is not a fundamental right. Hawkers can not claim a right to any public place. 

b) Mumbai to be divided into Hawking Zones, Prohibited Zones, and Rest of the City. 

c) Hawking zones to have demarcated pitches on roads selected as per stated criteria. This would accommodate around 23,000 hawkers, selected by lottery every year. Anyone can apply. 

d) In prohibited zones e.g. around railway stations, hospitals, schools, colleges, religious places, high-security places, no hawking to be permitted. 

e) Elsewhere in the city, roving hawkers to be freely allowed. No limit on numbers. Anyone can get a licence. Such roving hawkers can not sit or squat. 

It is this last point that is greatly worrying.  

In practice, it is fairly obvious that roving hawkers will sit or stand at any place they like to sell their goods. BMC and police will not be able to enforce the law. Firstly, they do not have the required number of people. Secondly, a hawker will either run away or bribe his way out or say that he was only stopping and not sitting / standing (similar to drivers say that they are stopping and not parking). Moreover, if there is no limit on numbers, the situation will become a nightmare. 

In view of the above, the broad recommendations are: 

a) In areas other than hawking, and no-hawking, hawking to be allowed in ‘temporarily’ demarcated spots / stretches 

b) The number of hawkers, timings, types of goods sold, etc. to be as decided by a broad-based Ward Hawker Committee in each ward 

c) The number of such temporary sites to be up to 1 per 1000 adult population i.e. up to 50 per Councillor Ward 

d) Other special ways to hawk to be looked into, e.g. hawkers plazas / markets, weekly bazaars, khau gallis, in private premises, festival licences, etc. as decided by the Ward Hawker Committee 

e) To avoid unnecessarily receiving an unmanageable number of applications every year, criteria such as eligibility (domicile), conditions (type of goods), and preferences (disabled, elderly), and recommendations from nearby residents (for ‘temporary’ areas) to be included. 

f) Strictly roving hawkers i.e. who engage in door-to-door service need not have to get a licence, as they are using the roads / footpaths for transportation just as delivery-boys do, and not for selling. (There to, however, be an enabling clause for licences for the future.) This also accommodates the remainder of the existing hawkers. 

g) A City Hawker Committee to oversee the overall implementation and co-ordination and supervision of the 24 Ward Hawker Committees. Local Area Citizen Groups to be actively involved. 

Index of Contents 

1. Background and Our Broad Recommendations
2. Introduction
3. Objectives of these recommendations
   Basis for these recommendations
4. Some Definitions
5. Detailed recommendations:

1)      Demarcation of City

2)      General Regulations for hawkers in all permitted areas

3)      Hawking Zone
Definition
a) Selection criteria for a hawking zone
b) Regulations within a hawking zone
c) List of hawking zones

4)      No-Hawking Zone: 
Definition
a) Selection criteria for a non-hawking zone
b) Regulations within a no-hawking zone
c) List of no-hawking zones

5)       Rest of the City:
 a) Roving hawkers
 b) Public streets and footpaths not used for selling
 c) Regulatory mechanisms
 d) Restrictions for roving hawkers

6)      Temporary’ Hawking Areas:
Definition
 a) Selection criteria for temporary hawking
 b) Regulations for temporary hawking

7)      Other special mechanisms for hawking:
a) Hawking bazaar / markets / plazas
b) Weekly Bazaars 
c) ‘Khau Gallis’ / Theme based markets
d)  Daily Licences (for festive occasions, etc) 
e)  Mobile shops

8)       Integration  / re-siting of hawkers encouraged within private premises

9)       Guidelines for Allotment of licences

10)  Eligibility criteria for licences:
General eligibility criteria
a.  For pitches in hawking zones
b.  For roving hawkers
c.  For temporary hawking areas
d.  For special hawking mechanisms

11)   Licence Conditions: 
 General Conditions of Licence

12)   Existing 15000 licensed hawkers

13)   Implementing and regulating the scheme:

a) Via the three 3-member Committees
b) Via a City Hawker Committee
c) Via Ward Hawker Committees

d) Involvement of Local Area Citizen Groups

e) Via Hawkers self-regulation and cooperation

f) Responsibility of enforcing officials

14)   Review Mechanism

15)  Long-term planning by MCGM 

Annexure 1:    Implications of the Supreme Court Order of 9^th December 2003

Annexure 2:    Types of goods: permitted and prohibited

Annexure 3:    Table of Fines

Annexure 4:    Suggested Format / information required for a licence

Annexure 5:    Other types of street vending

Annexure 6:    Suggested working of the Ward Hawker Committees

Annexure 7:    Suggested Procedure for Application of a Licence 

2. Introduction 

Street Vending has been a characteristic feature of Indian life, in cities as well as rural areas. In Mumbai, the MCGM used to license hawkers in order to provide some form of control over their trade and scale of activities, because of the obstruction and nuisances caused by hawking activities on public streets and footpaths. Hawking in public places is regulated through a licensing system and by enforcement action. 

Several schemes and guidelines have been framed for hawkers in Mumbai from time to time, and presently, the Supreme Court (vide Appeal no. 4156-4157/2002 of Maharashtra Ekta Hawkers Union (MEHU) Vs. MCGM) is in the process of finalising a set of restrictions / conditions / regulations under which hawkers shall carry out their business in Mumbai.

While the guidelines stated in the Supreme Court e.g. its Order dated 9^th December 2003 provide a framework within which hawkers may carry out their business, there are some areas of the suggested scheme that would require further recommendations in order to make the scheme implementable, and several such recommendations have been made in the reports of the Trisadasya Committees that were appointed by the Supreme Court to examine the proposed hawking and non-hawking zones.  

This set of General Recommendations by the NGO Council[1] to MCGM present a comprehensive Scheme for Hawkers in Mumbai, based on the guidelines of the Supreme Court Order as well as the Reports of the three 3-member Committees, along with further new recommendations, where felt necessary. 

3. Objectives of these recommendations: 

The following objectives have been kept in mind while making these recommendations: 

a.       Framing of a comprehensive scheme for hawkers, that addresses related issues such as pedestrian and vehicular traffic, cleanliness, noise, hygiene, public health

b.      Ensuring the do-ability of schemes and guidelines framed

c.       Enabling effective enforcement of regulations framed

d.      Preventing indiscriminate issuance of hawking licences and malpractices

e.       Reducing scope for corruption

f.        Supporting and encouraging businesses which are paying taxes, spending on overheads to comply with specified norms, laws, etc

g.       Reducing harassment of hawkers and enabling their dignity

h.       Reducing on-street licensed hawking activities by re-siting eligible hawkers into markets, bazaars, etc.

i.         Enabling ongoing decisions via involvement of all stake-holders 

Basis for these recommendations: 

The following points have also been used as a basis while making these recommendations: 

a.       Footpaths and Roads are for commuting The use of public streets and pavements is first meant for the use of the general public; they are not laid to facilitate the carrying on of private business (as was stated by the Supreme Court in Bombay Hawkers’ Union v. Bombay Municipal Corporation – AIR 1985 SC 1206) and thereafter, if determined to be necessary, for any other use such as hawking, subject to clear restrictions and regulations.

b.      Hawking is not a fundamental right: Hawking is not a fundamental right as per the Supreme Court, where it was held that the right to carry on trade or business was not covered by Article 21 and the hawkers could claim no right under Article 21.

c.       Adopting a solution based approach: understanding the “situation”, rather than blindly seeing from the viewpoint of the seller, resident, or customer.

d.      Heterogeneity of hawkers: When hawkers are commonly talked about, the vision that is conjured is that of the elderly, destitute, vegetable vendor who carries a basket of vegetables on her head. However, Mumbai’s hawkers are a very heterogeneous group ranging from sellers of electronic goods, to fast food stalls to cobblers to vegetable vendors, and any scheme for hawkers needs to recognise this.

e.       MCGM’s obligation to keep public streets free of obstruction: MCGM is first expected to fulfil its obligatory responsibility (61 (o) in Chapter iii – Duties and Powers of the Municipal Authorities in the MMC Act) of the removal of obstructions and projections in or upon streets, bridges and other public places; thereafter, if felt necessary, the public streets and footpaths may be considered for other uses such as hawking, via a regulated scheme. 

4. Some Definitions: 

1. hawker: Any person selling or offering for sale any goods, wares, or merchandise, including any food or beverage, on any public street, highway, or public right of way.

2. hawker bazaar / plaza: A Hawker Bazaar means an area of ground demarcated and allocated by the MCGM for use of hawkers, under a specified scheme and regulations.

3. LACG: An LACG (Local Area Citizen Group) is a group of owners or occupiers of residential, commercial and/or institutional premises of a defined geographical area, who have come together and are recognised as formal partners by MCGM to enable better delivery of civic services and provision of civic infrastructure in that area. (Refer Charter for the MCGM – Local Area Citizen Group Partnership-2006 (w.e.f.1-4-2006) for details)

4. mobile shops: any vehicle used as a stall or structure, for the purposes of distributing or selling any food, newspapers, lottery tickets, other merchandise or for collecting clothing, bottles or cans, or any other goods or performing services, that stands in, or occupies any portion of any public place.

5. pitch: A pitch means any fixed area delineated on the ground in any place or street for the use of fixed-pitch hawker licensees

6. roving hawker / roaming hawker / itinerant hawker:

A hawker who does not sit in any one place but who travels from place to place carrying the wares with him. (as stated in the Supreme Court order of 9th December 2003, point no. 14 (18))

5. Detailed recommendations:

(^SC = from Supreme Court Order, ^3M = from reports of the Three Member Committees, ^N = new recommendations by the NGO Council) 

1. Demarcation of City into zones: With respect to hawking activity, the entire city can be considered to be divided into zones: hawking zones, non-hawking zones, and the rest of the city.

a.       Hawking Zones: Certain areas of the city have been identified as hawking zones, where regulated squatting will be permitted. ^SC 

b.      Numbers to be restricted based on carrying capacity of area: In order to provide a workable solution / scheme for hawkers to use public streets and pavements that are already in use by pedestrians, vehicles, etc., it is necessary to restrict the number of hawking zones designated in the city, depending on the carrying capacity of that area; it follows that there will also be a restriction on the number of hawking pitches available within these designated hawking zones. ^SC 

c.       Roving hawkers: All those roving hawkers who move from door-to-door to sell their goods, without stopping / squatting on public streets or pavements, will be subject to the basic regulations (as stated in point no. 2) for hawkers, and there will be no restriction on the number of such roving hawkers who operate, though BMC may at any stage, consider licensing and otherwise regulating such roving hawkers, if felt necessary. ^{SC , N} 

d.      Temporary hawking areas: However, recognising that there would be several roving hawkers who will squat on public streets and pavements, while searching for customers, and that the regulating authorities (BMC / Traffic Police) would be constantly stretched to regulate such activities, a specified number of temporary sites will be identified in each ward, where the roving hawkers may squat for a limited, specified time, and such areas are termed as “temporary hawking areas.” (See section 6 for regulations on temporary hawking areas)^N  

Table 1: Demarcation of the city into zones:  

Sl. No.	Type of Area	Pitches permitted
1.	Hawking Zone	Yes, at demarcated spots
2.	Prohibited i.e. Non-Hawking Zones	No
3.	Rest of the city a) temporary hawking sites at designated spots or areas only  b) Special mechanisms such as hawker bazaars, weekly markets, etc.  c) within private premises	a) As specified  b) As specified  c) As specified

 

2. General Regulations for hawking in all permitted areas:

a.       Timings:

i)                    Hawking permitted between 7 am and 10 pm only.^SC

ii)                   Apart from this, for temporary hawking sites, the timings will be further specified by the local Ward Hawker Committees. ^N

iii)                 The timings specified are only for the sale of goods / services permitted and not for carrying out any other support functions such as preparation of fruits / vegetables, or repair of goods, or packaging of materials, or washing of utensils, etc. All such ancillary functions are to be conducted before or after the permitted hawking time, and off the streets and pavements. ^N 

b.      Noise: Hawkers must not create any noise or play any instrument or music to attract the attention of the public or the customers. ^SC 

c.       Cleanliness:

i)                    Hawkers to actively cooperate with Govt. agencies for cleaning. ^N

ii)                   Each hawker to have baskets to collect waste and to follow Rules as specified in the MCGM Municipal Solid Waste Rules 2006. ^N

iii)                 Public toilets and community waste bins to be provided in each hawking zone by MCGM. ^3M

iv)                 The pitch / area of hawking to be cleared of all goods at night – area to be washed clean by MCGM. ^N 

d.      Electric connections: No electric connection permitted for pitches, as an electric connection on the street has the potential to be misused, and is also a safety hazard; further no kind of permanent set up is desirable on the street or footpaths. However, where significant hawking activity occurs in the evenings and at night, MCGM to arrange for appropriate street lighting. ^N 

e.       Cooking:

i)                    In the interests of hygiene and safety, cooking will be permitted only in regulated off-street locations such as theme-based markets / khau gallis. ^SC

ii)                   MCGM will establish some areas dedicated to food stalls (in an effort to promote the unique “street food culture” of the city) that will have water supply and greater safety regulation that will permit cooking to be done in these areas popularly called “khau gallis”, and will arrange for waste to be picked up at appropriate timings. ^{SC , N}

iii)                 While pre-cooked food may be sold in hawking zones, the following types of heating devices are not permitted viz. gas cylinder, electric heating device, gas stove, kerosene stove, tandoor. The following is permitted: small size (specified) coal stove for roasted corn and heating gram / chana. ^N  The City Hawker Committee may make changes to this list of permitted devices as required.

iv)                 Compliance with food safety legislation and standards is compulsory. ^SC 

f.        Fines upon violation: A fine will be specified for those hawkers who break these Rules and Local Area Citizen Groups will be suitably empowered as Agents of MCGM to assist in the implementation of the Rules, by collecting administrative charges / fines on those who create noise, cause litter, violate timings specified, etc. ^N (refer Table of Fines) 

3. Hawking Zone 

Definition: A Hawking zone is a defined area of the street or footpath on which regulated squatting of hawkers is permitted. The mechanism of a hawking zone has been devised as a means of regulating and restricting the use of public streets and footpaths for hawking, while also providing citizens with opportunities to purchase convenience and other goods, at cheaper prices. 

a) Selection criteria for a hawking zone: 

i)                    Minimum road width – The road width must not be less than 8 m.^SC. (minimum safe carriage-way required for a vehicle and a pedestrian) 

ii)                   Minimum footpath width – The footpath width must not be less than 2 m so as to provide a minimum space for pedestrians after the 1m X 1m pitch. ^N 

iii)                 No footpath, no hawking – Hawking will not be permitted on roads with no footpaths, as the edge of the road is then meant for pedestrian use, and allowing hawkers would then force pedestrians to walk in the carriageway, thus compromising both their own and vehicular safety ^N 

iv)                 Two footpaths needed – If the road has a footpath on only one side, hawking will not be permitted on the footpath, as this is meant for pedestrian use only ^N 

v)                  No hawking on roads with other restrictions – Hawking will not be permitted on roads with existing parking restrictions, such as parking on one side on odd and even days, as such restrictive parking regulations indicate that there is already a problem of congestion on the road. Allowing hawkers to have pitches on such roads would further add to the congestion. ^N 

b) Regulations within a hawking zone: 

i)                    Pitch size – 1m x 1m size of pitch.^SC 

ii)                   Gap for access to shops – On pavements or roads with a shop-line behind the pitches, after every 4 pitches, a half-metre gap to be left to permit access to shops.^3M 

iii)                 On one side of road only – Hawking to be permitted on only one side of a road irrespective of whether the road is a 1-way or 2-way road, or is with or without a divider because hawker pitches attract clusters of people, and hence at least one side of the road must be kept clear for pedestrians and traffic. ^SC 

iv)                 Vehicular regulations also needed – In hawking zones, no stopping or parking of vehicles to be permitted on that side of the road where hawking pitches are permitted because hawkers attract vehicle customers which cause congestion, block traffic and access. ^N 

v)                  Footpath / street corners to be kept free – No hawking pitches will be permitted within 5 m (similar to vehicle parking restrictions at corners) of the turning of a road as the turning points of a road are critical areas for both pedestrian and vehicular traffic and need to be kept free of all obstructions for safety. ^N 

vi)                 Display method: No permanent display mechanism of any type to be permitted. Goods are to be stored / displayed in baskets / sheets that are kept on the pavement / road. Temporary weather protection is permitted for the goods, the main criteria being that the pitch has to be completely cleared daily after the permitted hawking period is over. ^SC 

c) List of Hawking Zones:

List of such zones will be displayed on the MCGM and Police websites and be available at all Ward Offices and other concerned MCGM and Traffic Police Departments. 

4. No-Hawking Zone: 

Definition.: A no-hawking zone is defined a specified public place where any hawker (or any mobile shop) is prohibited from carrying on business, due to reasons of congestion, traffic regulations, or requirements of increased safety, hygiene and high security. 

Despite many such zones being the “natural” markets favoured by both hawkers and their customers, the regulating authorities (MCGM, Traffic Police) already face severe difficulty in maintaining order in such areas, and hence these are declared as no-hawking zones. Most are already one-way, and have no-parking, no-honking, etc. regulations in place. 

a) Selection criteria for a non-hawking zone: 

The following 4 types of areas will be declared as no-hawking zones: 

i)                    Congested areas: Areas of high pedestrian flows and traffic congestion will be declared as no-hawking zones The public streets and pavements in such areas are already areas of conflict between pedestrians, vehicles, etc., (e.g. outside railway stations, municipal markets) Hence no hawking to be permitted within150 metres from any municipal or other markets or from any railway station. ^SC Similarly, there should be no hawking on foot-bridges, flyovers and over-bridges.^SC 

ii)                   Areas that require greater safety and hygiene: Areas that require increased safety and hygiene will be no-hawking zones (e.g. schools, hospitals) Hence no hawking within 100 metres from any place of worship, holy shrine, educational institutions and hospitals. ^SC 

iii)                 Areas of special importance: Areas of special importance that are required to be specially maintained will be no hawking areas. The public streets and pavements in such “showcase” or important areas (e.g. designated tourist spots / monuments) require greater overall regulations whether these are linked to hawkers, parking, pollution, etc. ^N 

iv)                 Areas of high security: Areas that require high security arrangements (e.g. Mantralaya) will be declared as no hawking areas. ^SC 

b) Regulations within a no-hawking zone: 

i)                    Measurement of the 150 m zone at railway stations: Based on the experiences of Ward Officers who have implemented this guideline, the methodology is suggested for the marking of the 150 m. no-hawking zone is as follows: a) the 2 extreme ends of the railway station (these are North and South in Mumbai) is to be considered, irrespective of the number and location of entry or exit points in between; b) from the edge of the railway property (either railway track, platform, concourse, etc) that abuts the public street/pavement, 150 m is to be offset, and the entire area in-between this zone is an area of no-hawking. ^N 

ii)                   Flexibility in 150 m.: It is understood that some streets as well as buildings and properties may be divided by the 150 m. boundary. This distance is to be taken as an indicative distance, and while demarcating the no-hawking zone, the 150 m may be extended or decreased (by upto +/- 25 m only) till the nearest junction of the road. This is to enable an entire stretch of road to be included in the no-hawking zone and exclude areas where the pedestrian traffic eases. ^N

iii)                 Other regulations to reduce congestion: Areas such as those outside railway stations are congested due to many reasons, a primary one being traffic and circulation problems. Hence to effectively reduce congestion in these areas, the following traffic-related steps should also be undertaken:

a.       Such areas to have regulation of on-street vehicles through
”no parking” / restricted parking areas, or pay-and-park where parking is necessary. ^N   

b.      Off-street parking, i.e. within premises of shopping centres, malls, etc. to be enforced. ^N   

c.       Restricted timings and specified spots for delivery vehicles. ^N

d.      Restricted numbers and lanes for taxis and rickshaws to park/wait.^N  

iv)                 Flexibility at religious places and hospitals: Articles of religious use to be permitted to be sold outside religious institutions, subject to regulations, and some articles such as coconuts and fruits to be permitted to be sold outside hospitals, subject to regulations. ^SC 

v)                  Buying in a no-hawking zone to be a civil offence: Experiences during enforcing no-hawking zones have shown that the hawkers repeatedly and
quickly return to these areas despite being removed periodically by the regulating authority. Such no-hawking zones should be treated as “zero-tolerance” areas, where if customers are caught patronising hawkers in such prohibited areas, this will be deemed a “civil offence” and action will
be taken on the customer as well. ^N     

c) List of no-hawking zones

List of such zones as decided by the City Hawker Committee will be displayed on the MCGM and Police websites and be available at all Ward Offices and other concerned MCGM and Traffic Police Departments. 

5. Rest of the City: 

i)                    Roving hawkers: The rest of the city will be considered to be an area where roving hawkers who go door-to-door (i.e. no sitting or standing on public streets or footpaths) may operate. ^SC 

ii)                   Public streets and footpaths not used for selling: These hawkers utilise the roads and footpaths only for transportation. They are more like delivery persons, and they usually have some fixed customers whom they visit. They carry their wares on the head, or on bicycles, etc. Examples are those delivering milk, bread, newspapers, etc. ^SC 

iii)                 Regulatory mechanisms: There is no need to regulate the numbers of such roving hawkers at this stage. They get regulated by the private premises where they deliver. If it is felt necessary to regulate them via licences in the future, MCGM to have the authority to do so.^N 

iv)                 Restrictions for roving hawkers: Apart from the general regulations for hawkers in all permitted areas (point no.2), the following specific restrictions to apply:

a.       Hand carts are prohibited. ^SC (as these are equivalent to mobile pitches, and cause traffic congestion, as they occupy a lane of the public street, while either moving or stopping in an area, and are usually not removed after hawking hours thus not allowing proper cleanliness by MCGM.) 

6. ‘Temporary’ Hawking Areas:

Definition: ‘Temporary Hawking Areas’ are areas (spots or stretches) in the “rest of the city” for which approval is granted for a limited period where hawkers can sell their wares under specified conditions.  

The mechanism of “temporary” hawking areas has been recommended for the following reasons: 

a) To match the expressed demand and need of residents of a local area for goods and services that are delivered by hawkers 

b) As there is a strong possibility that the large number of roving hawkers will squat / occupy public streets and footpaths for selling, and the MCGM will be unable to regulate the same, temporary hawking areas will provide a solution. 

For temporary hawking areas, the approval for temporary hawking can be revoked by the MCGM at any time if felt necessary by them. 

a) Selection criteria for temporary hawking:

i)                    The temporary hawking areas will be selected by the Ward Hawker Committees on application with evidence that there is an expressed need from owner / occupier societies of premises adjacent to the proposed site.^N

ii)                   Temporary Hawking areas will require compliance with all conditions relating to land use, pedestrian and other traffic safety, and control of nuisance and litter problems, and specified hours of operation for the area. . ^N

iii)                 It is recommended that 1 temporary hawker per 1000 adult population be permitted, linked to the overall carrying capacity of the area, and the population being served. ^N 

b) Regulations for temporary hawking:

Apart from the general regulations for hawkers in all permitted areas (point no.2), the following specific restrictions to apply:

i)                    The time period may be restricted to certain hours of the day, certain days of the week, week-ends, etc., depending on the stated needs of the local community, and as determined by the Ward Hawker Committees. ^N

ii)                   The type of goods sold will also be determined by the local Ward Hawker committees. ^N

iii)                 Applications by those seeking licences for temporary hawking areas must match the expressed needs of the local community, and must hence be accompanied by at least 5 letters of recommendation / reference from the housing societies of that area. ^N

iv)                 LACGs to play an important role in regulating / permitting / monitoring temporary hawkers. ^N 

7. Other special mechanisms for hawking:

MCGM will undertake schemes to enable hawking in the “rest of the city” through the following special mechanisms and schemes:   

i)Hawking bazaar / markets / plazas: ^SC

a.       Such plazas to be set up in reserved market plots of the MCGM, or in parts of markets plots that are proposed to be redeveloped, or in areas of tourist interest as part of an overall master plan. (E.g. Juhu Beach hawkers plaza).

b.      The ground floor of such bazaars / markets to be reserved for hawkers, Keeping in mind the nature of the hawking / buying activity.

c.       Pre-designed stalls are recommended for such plazas, as their being off the street and in a demarcated area, enable greater regulation and security measures to be undertaken while enabling easier management of various aspects such as cleanliness, traffic, aesthetics, etc.

d.      The hawking plaza to be managed via a private contractor (like for the pay-and-park system) and options like flexible timings / sharing of pitches, etc., that enables greater number of hawkers to use the limited spaces available to be considered by the Ward Hawker Committee.

e.       Apart from the general regulations for hawkers in all permitted areas (point no.2), the following specific restrictions to apply:

i)                    Timings: specific timings for each hawking bazaar will be specified.

ii)                   Period and mechanism of allotment of pitch in the hawking plaza to be determined by the managing agency (under Ward Hawker Committee guidelines), to whom MCGM awards a contract for a maximum period of one year. 

ii)                   Weekly Bazaars: ^N

a.       Such “temporary” bazaars to be considered in plots that are vacant / undeveloped

b.      Defined pitches to be made available to each hawker

c.       Pauti system / daily receipts to be issued as a regulatory mechanism

d.      No permanent structures / display mechanisms to be permitted

e.       The pitch and entire plot to be cleared of all goods and waste at the end of each day.

f.        Specific timings for each hawking bazaar to be specified.

g.        Period and mechanism of allotment of pitch in the weekly bazaar to be determined by the managing agency (under Ward Hawker Committee guidelines), to whom MCGM awards a contract for a maximum period of one year. 

iii)                 ‘Khau Gallis’ / Theme based markets:^SC

a.       Special theme based markets may be considered depending on the availability of off-street locations for such markets, and as decided by the Ward Hawker Committee

b.       Khau-Galli (Food Street) is an example of a restricted area where food is permitted to be sold (including cooking) for the large floating population that uses that area.

c.       Pre-designed stalls may be considered for such markets to enable regulation, cleanliness, traffic, aesthetics, etc.

d.      Specific timings for each hawking bazaar to be specified

e.       Period and mechanism of allotment of pitch in the theme-based to be determined by the managing agency, (under Ward Hawker Committee guidelines), to whom MCGM awards a contract for a maximum period of one year. 

iv)                 Daily Licences (for festive occasions, etc): ^N

There is an increase in demand for some products and services on certain festive or special occasions (such as flowers on religious festivals) which existing shops, etc., are unable to fulfil. Hence the mechanism of issuing a limited period “daily” hawking licence is recommended for such days in duly-selected areas.

a.       Temporary daily licences will be issued by MCGM, ward-wise mainly for festive occasions.

b.      The days for which such licences will be issued will be determined by the Ward Hawker Committee and announced, preferably at least a week in advance.

c.       The Ward Hawker Committee will decide the number of licences, dates and procedure for receiving applications, and will process and issue the same, with specified terms and conditions.

d.      These licences will not entitle the hawker to squat on the public street or pavement.

e.       All other Rules for hawkers (as specified in point no.2) are applicable. 

v)                  Mobile shops: ^N

a.       Motorised or non-motorised vehicles that roam on the street searching for customers (e.g. ice cream vans, 3 wheelers) will be permitted to operate as “mobile shops” on procurement of a licence for the same from BMC.

b.      The number of such “mobile shop licences” will be limited as determined by the Ward Committees, and the same will be tendered on the ‘highest bidder’ concept.

c.       The “mobile shops” can operate / stop only in designated area(s) that have been identified by the Ward Hawker Committee and not elsewhere.

d.      Other terms and conditions e.g. timing, will be as specified by the Ward Hawker Committee

e.        All other Rules for hawkers (as specified in point no.2) are applicable. 

8.  Integration  / re-siting of hawkers encouraged within private premises:^N
   

a.       Linking the seller and the buyer: Integrating hawkers into private premises is recommended, especially as one repeated argument in favour of allowing hawkers is that people need hawkers as they provide cheap and convenient goods and services.

b.      Accommodating hawkers that are needed: In this manner, a significant number of hawkers who are genuinely needed and desired by the people will be accommodated by housing societies, shops, organisations, etc. within their premises, and will be off the streets and footpaths.

c.       Permission Mechanism: MCGM will issue an NOC to the private entity such as a co-operative society, etc. to allow conducting of such an activity in their area while following certain norms and laws e.g. of timings, goods, noise, cleanliness, etc.

d.      Applicable Regulations: All existing Development Control Rules as well as other applicable rules and regulations to be followed.

e.       Hawker Licences will not be issued: Hawker licences will not be issued by MCGM to such providers of goods and services. 

9. Guidelines for Allotment of licences:

In order to prevent an overload of unlimited applications being received by the BMC for issuance of hawking licences, certain guidelines have been outlined for the procedure for allotment of licences. These guidelines take into consideration the “social aspect” of hawking as a means of livelihood. 

General guidelines to be followed:

ⁱ⁾                     Where the number of applicants exceeds the number of available licences, lottery will be held for issuance of licences.^SC

ⁱⁱ⁾                    Only those eligible to apply under the eligibility criteria specified below will be considered.^N

iii)                 There will be preferences for certain marginalised groups (such as the handicapped and the elderly) ^N

iv)                 Conditions such as the type and preference of goods permitted to be sold in certain areas will be applicable. (Order of preference: 1) Convenience goods 2) Other Goods and Services) ^N

v)                  For temporary areas, recommendations from nearby residents will also be a requirement for issuance of licences. ^N

vi)                 Cut-off date to grant licences to hawkers will not be followed, as this is an unsustainable regulating mechanism. ^N

vii)               No fees / pautis will be collected from unlicensed hawkers and they will not be permitted to carry out their trade in any circumstances. ^SC 

10.  Eligibility criteria for licences: 

General eligibility criteria: 

i)                    All applicants must be domiciled in Maharashtra (as those who have been living in the State should first benefit from any scheme framed) ^N

ii)                   All applicants must sell only the permitted/specified goods for that area. ^N 

iii)                 Prohibited goods / services that violate any existing laws such as IPR, Food Safety, etc. will not be permitted. ^N 

a.               For pitches in hawking zones:

i)                    Preference will be given to handicapped persons – physically, blind, deaf, mute, etc., as specified in The Persons with Disabilities Act, 1995,  as such persons have limited options of earning a livelihood. ^N

ii)                   Preference will be given to women and men above the age of 55 as they have limited other opportunities for employment. ^N 

b.              For roving hawkers:

Not applicable currently. BMC may decide to issue roving licences in the future, if felt necessary, and the eligibility criteria will be specified, as required. ^N

 c.               For temporary hawking areas

i)                    Preference to those hawkers plying their trade in the local area for at least 5 years, and who get recommendation / confirmatory letters from at least 5 Societies near the area. ^N

ii)                   Preference will be given to handicapped persons – physically, blind, deaf, mute, etc., as specified in The Persons with Disabilities Act, 1995,  as such persons have limited options of earning a livelihood. ^N 

d.               For special hawking mechanisms:

(To be framed by City Hawking Committee at the time of drawing up of details for special mechanisms) ^N 

11. Licence Conditions:

General Conditions of Licence:

i)                    Time period: All licences are valid for a maximum period of one year only. A licence does not guarantee a permanent right to hawk, nor does it grant any right / claim to a pitch, and the licensing criteria, etc. may be periodically revised depending on circumstances. The licences will not be automatically renewable. A fresh application will have to be made under the system prevailing then. e.g. the lottery system.^SC

ii)                   Licence Fee: A yearly licence fee is payable to the MCGM in advance, as determined by BMC. The amount is related to the types of goods, and the type of hawking activity being undertaken as decided by the City Hawker Committee. ^{SC, N}

iii)                 Breach of Conditions / Regulations: Committing of any breach of the specified regulations for hawking, or any other Rules applicable (such as BMC Solid Waste Rules 2006) will attract a fine. (Refer Table of Fines) Repeated breach will result in cancellation of the licence with no refund of any fees or deposit. ^N

iv)                 Only one licence per family: To extend the benefit to the maximum number of families, licences will be given to only one member of a family fulfilling all the criteria as specified for licences. ^SC

v)                  Not transferable: These licences are not transferable and are valid only for the person to whom it is allotted. ^SC

vi)                 Alternate name: Any one other family member may be permitted to assist in setting up and packing the goods, or running it temporarily in case of severe illness of the licencee, and this second person’s name and photograph will also be displayed on the same photo ID. ^N

vii)               One person: At no time will more than one person be allowed to stand and sell at the pitch, or be allowed to hawk, as the pitch size is limited. ^N

viii)              Photos: Licences shall have photos of the hawkers and must be displayed at all times by the hawkers (whether occupying pitches, or in special areas, or temporary areas) on their person by clipping it on to their shirt or coat. ^SC

ix)                 Photo Ids: The format, colour, etc., of the photo IDs will be changed every year (as the tenure for the licence is for one year) to enable easy vigilance and it will be the responsibility of the Hawker to return the photo-IDs at the end of one year. Only thereafter will the deposit be returned to the hawker. The old licence will be considered invalid on expiry of its stated period of operation. ^{SC, N}

x)                  Security deposit: In addition to the licence fee, a refundable security deposit equivalent to 3 months licence fee will also be collected from the hawker. This is returnable one month after completion of the validity period of the licence, provided no fines are pending for any breach or violation committed by the hawker and the hawker has returned the photo IDs. ^N 

12. Existing 15000 licensed hawkers: 

a.       The existing 15000 licensed hawkers to also “stand in line” along with all others for applications for licences, following the principle of equality for all hawkers, especially because there will be fresh lottery / allocations every year. ^SC

b.      Their heirs / dependents will not be considered as being in this category for any purposes whatsoever. ^N

c.       All regulations are to be followed, including size of pitch, etc. No exemptions will be made. ^SC

d.      All existing stalls within no-hawking zones to be re-sited within hawking zones. ^SC

e.       Existing stalls within hawking zones may also be re-sited as decided by the Ward Hawker Committee. ^N 

13. Implementing and regulating the scheme:

a.      The three Trisadasya Committees: It is recommended that on the completion of the selection of hawking and non-hawking zones, and upon allotment of the pitches in the hawking zone, the three Tri-sadasya Committees appointed by the Supreme Court hand over the further implementation of the Scheme for hawkers to local Ward Level Committees for hawkers. ^N 

For the effective implementation of the guidelines and the further regulation of the proposed scheme, it is recommended that a 2-tier system be adopted for the city. 

b.      City Hawker Committee: ^N At the Apex level, a City Hawker Committee to be constituted. This committee to consist of 9 members:

1.  MCGM: Municipal Commissioner, as Chairperson of the Committee

2.  MCGM – Zonal Deputy Municipal Commissioner (Hawker Regulations)

3.  MCGM – Superintendent of Licences 

4.  Traffic Police – one representative

5.  Elected Representatives (2 nominees of the Mayor)

6.  NGO Council – one representative

7.  Experts (urban planner, NGOs,) etc. – two invitees 

Responsibilities of the City Hawker Committee to be:

i)                    Overall implementation and monitoring of the scheme

ii)                   Framing of regulating mechanisms, as required

iii)                 Making changes, as and when needed, in existing regulations and guidelines

iv)                 Supervising, co-ordinating, and taking decisions on the suggestions / proposals of the Ward Hawker Committees

v)                  Undertaking a yearly review of the scheme for hawkers, and sharing of the same publicly.

vi)                 The City Hawker Committee may set-up sub-committees as required. e.g.: Implementation Committee, Licensing Committee, Review Committee, etc. 

Other aspects:

a)      Funding of the Committees expenses to be from the licence fee income of MCGM

b)      Place of operation to be MCGM head office

c)      Decisions to generally be taken by majority vote. On matters which pertain to obligatory responsibilities of MCGM or the Traffic Police or any Statutory Authority, decisions by the responsible authority will be considered final.

d)      Tenure of members (numbers 4 to 7) – 3 years – can be re-appointed.

e)      Minutes, etc., to be maintained by MCGM – Superintendent of Licences  

c.       Ward  Hawker Committees:^N: 1 in each of the 24 Administrative Wards:

These Committees to consist of 15 members:

1.  MCGM – Ward Officer (i.e. Assistant Municipal Commissioner) – Chairperson of the Committee

2.   MCGM – Officers from Licence and Encroachment Departments (3)

3.   Traffic Police – one representative

4.   Elected Representatives i.e. Councillors – (two representatives nominated by the Mayor)

5.  LACG representatives (Citizen groups where there are no LACGs) – two representatives

6.  Hawkers Unions / Cooperatives – if representing the Ward – two representatives

7.  Shops Owners / Hotel Owners Associations – two Representatives

8.  Invitees / Experts / Local NGOs – two representatives

 

Responsibilities of the Ward Hawker Committee to be:

i)                    to examine area-specific proposals related to hawkers and hawking areas in consultation with all stake-holders (while following the Supreme Court Guidelines and all existing MCGM and other Rules such as Development Control Regulations, etc.)

ii)                   to select types of goods permitted to be hawked

iii)                 to select areas where these are permitted to be sold

iv)                 to decide timings to be permitted for hawking

v)                  to oversee the implementation of schemes / Rules in the Ward

vi)                 to monitor the implementation and suggest changes as required

vii)               to receive complaints from residents, commuters, shops and establishments, hawkers, etc.

viii)              any other work given by the City Hawker Committee

ix)                 To undertake a review of the scheme for hawkers in the Ward and submit the same to the City Hawker Committee as well as share the same publicly.  

Other aspects:

a.       Funding of the Committees expenses to be from the licence fee income of MCGM

b.      Place of operation to be MCGM ward office

c.       Decisions to generally be taken by majority vote. On matters which pertain to obligatory responsibilities of MCGM or the Traffic Police or any Statutory Authority, decisions by the responsible authority to be considered final.

d.      Tenure of members (numbers 3 to 8) – 3 years – can be re-appointed.

e.       Minutes, etc., to be maintained by MCGM Officer

f.        Reporting to the City Hawker Committee  

Note:   The City Hawker Committee to be formed after the allotment procedure has been completed by the three Trisadasya Committees; thereafter all roles (and others as specified) of the Trisadaya Committee to be undertaken by the City Hawker Committee. It is recommended that the Ward Hawker Committees be set up immediately for effective implementation of the scheme for hawkers; the 24 Ward Hawker Committees will report to the respective Trisadaya Committee till applicable, and thereafter to the City Hawker Committee. 

d.      Involvement of the Local Area Citizen Groups: ^N 

In order to provide local, area-specific solutions and schemes for hawkers within the broad city-level guidelines and schemes, the involvement of the Local Area Citizen Groups (a citizen-group unit with a formal partnership with MCGM) is essential. LACGs have the following specific roles to play with respect to the scheme for hawkers:  

a.       LACG representatives form part of the Ward Hawker Committees.

b.      LACGs play a critical role in “temporary hawking areas” where they determine the location of such areas, the number of spots available, the timings permitted for temporary hawking, the type of goods sold, etc.

c.       LACGs to be suitably empowered as Agents of MCGM to assist in the implementation of the Rules, by collecting administrative charges / fines on those hawkers who create noise, cause litter, violate timings specified, etc.

4. LACGs to provide feedback on the implementation of the scheme for hawkers, and suggestions for improvement, as required.  

e.          Hawkers self-regulation and cooperation: 

Individual hawkers, as well as their representative groups such as membership based organisations (unions, associations, co-operatives, etc.) have a critical role to play in the successful implementation of the scheme for hawkers. The hawkers, through self-regulation measures and active co-operation with the regulating authorities, can ensure the smooth functioning of hawking, as an activity, thus providing valuable services to customers, while also preventing inconvenience to pedestrians, etc. Hawkers have the following responsibilities:  

1. To follow all Rules laid down by the Supreme Court, the City Hawker Committee, and the Ward Hawker Committee (and all other relevant laws, rules, orders, etc,) while undertaking their business.^N
2. Hawkers to cooperate with MCGM in ensuring cleanliness and maintenance of the hawking zones. ^SC
3. Each hawker to have baskets to collect waste and to follow Rules as specified in the MCGM Municipal Solid Waste Rules 2006. ^N
4. Hawkers to cooperate with all Government authorities, including police, or MTNL for laying cables, road maintenance work, etc. ^SC
5. Breach of any of the specified regulations for hawkers, or any other applicable Rules and Laws, may lead to suspension / cancellation of licences, with no refund of fees and deposit. ^N

f.            Responsibility of enforcing officials: ^SC 

The following procedure is recommended for enforcing compliance in no-hawking zones: 

i)                    It is expected that citizens and shopkeepers shall participate in keeping non-hawking zones/areas free from hawkers. They shall do so by bringing to the notice of the concerned ward officer the presence of a hawker in a non-hawking zone/area.^SC

ii)                   The concerned ward officer shall take immediate steps to remove such a hawker. In case the ward officer takes no action a written complaint may be filed by the citizen/shopkeeper to the (Ward Hawker) Committee. ^SC

iii)                 The Committee shall look into the complaint and if found correct the Committee will with the help of police remove the hawker. The officer in charge of the concerned police station is directed to give prompt and immediate assistance to the Committee. ^SC

iv)                 In the event of the Committee finding the complaint to be correct it shall put this on record. On the Committee so recording an adverse remark, (i.e.: failure to perform his duty) this will be entered in the confidential record of the concerned ward officer. If more than three such entries are found in the record of an officer it would be a ground for withholding promotion. It more than 6 such entries are found in the records of an officer it shall be a ground for termination of service. ^SC

v)                  After removal of hawkers from no-hawking zones by the concerned Ward Officer, thereafter, the responsibility to keep that area free will be with the local police station in charge / police man on duty, who should be held liable for allowing hawkers to return to the non-hawking zones / areas. ^3M

vi)                 The procedure for recording complaints by local citizens, and the action to be taken against the concerned police officer, is the same as above. (i-iv) 

14. Review Mechanism:^N

i)                    All Ward Hawker Committees will be required to submit six-monthly reports in a specified format to the City Hawker Committee

ii)                   The implementation of the scheme for hawkers to be also reviewed every year by the owners/ occupiers of that area, who will be invited to submit feedback and reports as per specified formats / structures / or through a public meeting held at the Ward Office.

iii)                 The City Hawker Committee to set up systems for yearly reviews of individual Ward Hawker Committees

iv)                 The overall working of the scheme for hawkers will be monitored and reviewed by the City Hawker Committee annually covering areas such as co-operation of hawkers, citizen response and participation; effective enforcement measures, etc.

v)                  The City Hawker Committee may also have reviews undertaken by third-parties including NGOs that are appointed specifically for this purpose.

vi)                 All reviews shall be publicly shared, unless confidential.

vii)               An overall review of the scheme for hawkers will be undertaken every two years, enabling modifications in the scheme, as desired, so as to have a dynamic and appropriate scheme based on the actual situation, as it evolves.

 

15. Long term planning by MCGM:^N 

Apart from providing an immediate solution for hawkers in the city, any scheme that is framed must address the long-term, planning aspects of the situation, which if taken into account, will considerably ease the situation, and lead to an all around improvement of the city, in a sustainable manner. The following are some of the long-term goals that need to be undertaken; several are to be undertaken by MCGM alone, while several others require the combined efforts of various Government and civil society organisations:  

1. To provide opportunities for hawkers to operate within a legal framework (such as hawking bazaars, weekly markets, etc.),
2. To provide opportunities for hawkers to integrate within private premises thus reducing on-street hawking activities.
3. To make provisions for hawking areas in the Master Plan for all new areas / suburbs / railway stations / etc. that are being developed, thus matching the carrying capacity of civic infrastructure with the demand.
4. To provide training and capacity building for individual licensed hawkers as well as for the hawker associations / cooperatives e.g. how to obtain micro-finance, etc. that would facilitate hawkers to adopt more secure and sustainable means of livelihood.
5. To provide people with opportunities to avail of convenience goods and services cheaply, near their homes or place of work (through the establishment of markets)
6. To find creative solutions to incorporate hawkers in off-street locations, such as the dynamic use of limited space, flexible timings, shared pitches, using public places during holidays, special occasions, etc.
7. To facilitate easier and faster movement of pedestrian and vehicular traffic thereby also making the job of the traffic police also easier
8. To improve and maintain the environment of the city – trees, noise, cleanliness, safety, hygiene, nuisance, sanitation, public health.
9. To find optimal local-level solutions by involving Local Area Citizen Groups in monitoring, feedback, planning, and suggesting improvements.
10. To encourage the unique “street food” culture and “street vending” activity by incorporating these within specified and regulated areas and zones, that would attract tourists, etc
11. To provide a workable scheme for hawkers, that requires a minimal level of regulation, and that is implementable without causing a strain on the limited, existing civic and other infrastructure. 

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Annexure 1  

Implications of the Supreme Court Order of 9^th December 2003:  

1. Squatting (pitches) permitted in hawking zones only.
2. For hawking zones, further regulations specified regarding size of pitch, number of pitches, timings, noise pollution, etc.
3. Certain areas declared as prohibited for hawking (outside railway stations, hospitals, schools, colleges, religious places, high-security places)
4. Consultative process (3-member committee) followed while selecting hawking and no hawking zones, and this consultative process to continue for any future changes / additions, as required.
5. Pitches allotted for a period of one year, and if number of applicants exceed the number of pitches, a lottery system to be followed.
6. Cooking of food prohibited on the streets and on the footpath.

Assumptions / Basis of the Supreme Court Order: 

1. It was held that the right to carry on trade or business conferred by Article 19(1)(g) of the Constitution of India is subject to the provisions of sub-clause (6) of Article 19 which provided that nothing in sub-clause (g) of Article 19(1) would affect the operation of any existing law insofar as it imposed, or prevented the State from making any law imposing, in the interests of general public.

2. No one had any right to do his or her trade or business so as to cause nuisance, annoyance or inconvenience to the other members of the public. Hawking on roadsides fell within the expression “occupation, trade or business” in Article 19 (1) (g).

3. Public streets, by their very nomenclature and definition, are meant for the use of the general public. It was held that the public streets are not laid to facilitate the carrying on of private trade or business. (point no.2)

4. It was further held that hawkers had no right to occupy any particular place on the pavement nor could they assert right to occupy permanently specific places demarcated on the pavement. Hawkers do not have the right to a fixed place of business or else there would be no distinction left between hawkers and those ordinarily understood as traders. (point 5 a.)

5. It was held that this right was specifically for poor hawkers and not for sellers of luxury items or goods. (in points nos.5.h and 8)

6. It was held that the Municipality had a right to regulate such businesses and the Municipality was directed to frame rules and schemes regarding street trading. (point no.8)

7. It was also recognized that hawking could be totally prohibited in certain areas. (point no.8)

8. There is no fundamental right under Article 21 to carry on any hawking business. There is also no right to do hawking at any particular place, (point no. 10) and hence there is no right to rehabilitation. 

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Annexure 2: Types of goods: permitted and prohibited  

A) Convenience Goods	B) Examples of other Goods and services	C) Examples of Food items that require cooking (if pre-cooked then go into category B)	D) Examples of Prohibited Goods
1.      Vegetables 2.      Fruits 3.      Coconuts 4.      Bread and eggs 5.      Newspapers 6.      Flowers for puja / gajras 7.      Others as notified from time to time	A) Goods Vendors 1.      Foods: Ice-Cream / kulfi, Bhel / chaat items / chana, sugarcane, Roasted corn, Cut-fruits and vegetables, Sandwiches, juices / cold drinks / golas / lassi, packed or pre-cooked food / snacks / sweets / candy floss, etc. 2.      Paan / cigarette / bidis 3.      Fish 4.      Drinking water 5.      Books / Magazines 6.      Stationery Items 7.      Lottery tickets 8.      Plants and saplings 9.      Luggage / bags 10.  Leather items (belts, wallets, bags) 11.  Shoes / chappals 12.  Plastic goods / household goods 13.  Readymade garments 14.  Imitation jewellery 15.  Cosmetic items 16.  Cutlery / crockery 17.  Hardware Items 18.  Furniture Items 19.  Florists 20.  Pottery 21.  Amusement articles / toys / balloons 22.  Flags 23.  Rat poison 24.  Others as notified from time to time   B) Service providers: 1.      Cobbler 2.      shoe shine 3.      Raddi walas (paper, etc. recyclers) 4.      Typing / photocopying 5.      Photographers 6.      Umbrella / bag repair 7.      Mattress repair 8.      Plumbers / masons / carpenters 9.      Locksmith 10.  Blacksmith 11.  Jyotish walas 12.  Presswalas / laundry 13.  Barber / ear cleaner 14.  Others as notified from time to time	1.      Vada pav / Bhajiya 2.      Pavbhaji 3.      Chinese Food 4.      Biryani / rice / pulao 5.      Sheek kababs 6.      Frankies / roll 7.      Tandoori items 8.      Chicken stall 9.      Idli and dosas 10.  Full meal 11.  Tea stall 12.  Omlette / egg 13.  Others as notified from time to time	1.      Audio cassettes / CDs, etc (piracy laws) 2.      Matka Bookies (illegal activity) 3.      Electronic goods (grey market) 4.      Poultry vendors (under slaughter house laws) 5.      Fire crackers (fire safety laws – must be in designated and regulated areas only) 6.      Money changer 7.      Jari Buttiwala (prevention of quacks and black magic, etc) 8.      Others as notified from time to time

 

Annexure 3: Table of Fines
(illustrative for detailed discussion)