The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Summary of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Key Provisions
I. Regulation & Protection of Street Vending
Mandatory Survey: - Identification of existing street vendors.
• Protection from eviction until the survey and vending certificate process is completed.
Certificate of Vending: - Issuance post-survey, with categories (e.g., stationary, mobile).
• Includes identity cards; non-transferable.
Conditions & Fees:
• Undertaking for personal/family operation.
• Fees and validity periods as per the scheme.
Cancellation/Suspension:
• Grounds: Breach of conditions or fraud.
• Procedure: After providing an opportunity for hearing.
Appeal Mechanism: - Against Town Vending Committee decisions to the local authority.
III. Rights & Responsibilities of Street Vendors
Rights: - To vend as per certificate.
• Entitlement to a new site upon relocation.
Duties: - Maintain public hygiene and cleanliness.
• Preserve civic amenities.
• Pay specified maintenance charges.
IV. Relocation, Eviction, & Asset Protection
Relocation/Eviction:
• Only for public purposes with provision for rehabilitation.
• Notice period: 30 days.
Seizure & Reclaiming of Goods:
• Procedure for seizure in case of non-compliance.
• Reclaiming process with fees (differentiated for perishable and non-perishable goods).
V. Governance & Dispute Resolution
Town Vending Committee (TVC):
• Composition: Includes municipal, medical, planning, and vendor representatives.
• Functions: Survey, certificate issuance, relocation decisions.
Dispute Redressal: - Mechanism for grievance resolution.
Rule Making Power: - For appropriate Government and local authorities to frame rules, bye-laws, and schemes.
VI. Miscellaneous Provisions
No Ownership Rights: - Vending rights do not confer land ownership.
Overriding Clause: - This Act supersedes inconsistent provisions in other laws.
Power to Address Difficulties: - Temporary power to the Central Government to remove operational difficulties.
VII. Schedules
First Schedule: Outlines the Plan for Street Vending (accommodation, facilities).
Second Schedule: Details for the Scheme for Street Vendors (survey, certification, relocation principles).

Legislative History:

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Short Title The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Act Number / Year Act No. 7 of 2014

India Code Act ID 201407

Presidential Assent Date March 4, 2014

Enforcement Date May 1, 2014

Nodal Ministry Ministry of Housing and Urban Poverty Alleviation

Precedent & Statutory Rationale

1. Protecting Informal Livelihoods from Harassment and Arbitrary Evictions:

o Prior to 2014, millions of street vendors across Indian cities operated under acute legal vulnerability, facing regular harassment, arbitrary confiscation of goods, and summary evictions by municipal and police authorities in the absence of a comprehensive national law recognizing street vending as a legitimate economic occupation.

2. Constitutional Guarantees and Urban Planning Integration:

o Grounded in the fundamental right to practice any profession or to carry on any occupation, trade, or business under Article 19(1)(g) and the right to life with dignity under Article 21 of the Constitution of India, the legislation was enacted to harmonize urban space management with the livelihood security of urban informal workers.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Housing and Urban Poverty Alleviation to establish a uniform legal architecture governing street vending nationwide.

• Parliamentary Passage: Introduced in the Lok Sabha in September 2012, examined extensively by the Parliamentary Standing Committee on Urban Development, and subsequently passed by the Lok Sabha on February 19, 2014, and the Rajya Sabha on February 20, 2014.

• Presidential Assent: Received formal Presidential Assent on March 4, 2014, entering the statute book as Act No. 7 of 2014.

• Enforcement: Enforced on May 1, 2014.

• Source: India Code Official Repository and Ministry of Housing and Urban Affairs Official Records