The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 21 Plan for street vending.
(1) Every local authority shall, in consultation with the planning authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors covering the matters contained in the First Schedule.
(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.
(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.
Section 22 Town Vending Committee.
(1) The appropriate Government may, by rules made in this behalf, provide for the term and the manner of constituting a Town Vending Committee in each local authority:
Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.
(2) Each Town Vending Committee shall consist of:—
(a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and
(b) such number of other members as may be prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organisations, community based organisations, resident welfare associations, banks and such other interests as it deems proper;
(c) the number of members nominated to represent the non-governmental organisations and the community based organisations shall not be less than ten per cent.;
(d) the number of members representing the street vendors shall not be less than forty per cent. who shall be elected by the street vendors themselves in such manner as may be prescribed:
Provided that one-third of members representing the street vendors shall be from amongst women vendors:
Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities from amongst the members representing street vendors.
(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances as may be prescribed by the appropriate Government.
Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.
(2) Each Town Vending Committee shall consist of:—
(a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and
(b) such number of other members as may be prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organisations, community based organisations, resident welfare associations, banks and such other interests as it deems proper;
(c) the number of members nominated to represent the non-governmental organisations and the community based organisations shall not be less than ten per cent.;
(d) the number of members representing the street vendors shall not be less than forty per cent. who shall be elected by the street vendors themselves in such manner as may be prescribed:
Provided that one-third of members representing the street vendors shall be from amongst women vendors:
Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities from amongst the members representing street vendors.
(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances as may be prescribed by the appropriate Government.
Section 23 Meetings of Town Vending Committee.
(1) The Town Vending Committee shall meet at such times and places within the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings, and discharge such functions, as may be prescribed.
(2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision.
(2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision.
Section 24 Temporary association of persons with Town Vending Committee for particular purposes.
(1) The Town Vending Committee may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or advice it may desire, in carrying out any of the provisions of this Act.
(2) A person associated under sub-section (1) shall be paid such allowances as maybe prescribed.
(2) A person associated under sub-section (1) shall be paid such allowances as maybe prescribed.
Section 25 Office space and other employees for Town Vending Committee.
The local authority shall provide the Town Vending Committee with appropriate office space and such employees as may be prescribed.
Section 26 Publication of street vendor’s charter and data-base and carrying out of social audit.
(1) Every Town Vending Committee shall publish the street vendor's charter specifying therein the time within which the certificate of vending shall be issued to a street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein.
(2) Every Town Vending Committee shall maintain up to date records of registered street vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be prescribed.
(3) Every Town Vending Committee shall carry out social audit of its activities under the Act or the rules or the schemes made there under in such form and manner as may be specified in the scheme.
(2) Every Town Vending Committee shall maintain up to date records of registered street vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be prescribed.
(3) Every Town Vending Committee shall carry out social audit of its activities under the Act or the rules or the schemes made there under in such form and manner as may be specified in the scheme.
Section 27 Prevention of harassment by police and other authorities.
Notwithstanding anything contained in any other law for the time being in force, no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force.
Section 28 Penalty for contraventions.
If any street vendor—
(a) indulges in vending activities without a certificate of vending;
(b) contravenes the terms of certificate of vending; or
(c) contravenes any other terms and conditions specified for the purpose of regulating street vending under this Act or any rules or schemes made thereunder,
he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authority.
(a) indulges in vending activities without a certificate of vending;
(b) contravenes the terms of certificate of vending; or
(c) contravenes any other terms and conditions specified for the purpose of regulating street vending under this Act or any rules or schemes made thereunder,
he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authority.
Section 29 Provisions of this Act, not to be construed as conferring ownership rights, etc.
(1) Nothing contained in this Act shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in the vending zones allotted to him or in respect of any place on which he carries on such vending activity.
(2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a temporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions of any law for the time being in force for carrying out such vending activity.
(2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a temporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions of any law for the time being in force for carrying out such vending activity.
Section 30 Returns.
Every Town Vending Committee shall furnish, from time to time, to the appropriate Government and the local authority such returns as may be prescribed.
Section 31 Promotional measures.
The appropriate Government may, in consultation with the Town Vending Committee, local authority, planning authority and street vendors associations or unions, undertake promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors.
Section 32 Research, training and awareness.
The appropriate Government may, to the extent of availability of financial and other resources,—
(a) organise capacity building programmes to enable the street vendors to exercise the rights contemplated under this Act;
(b) undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through Town Vending Committee.
(a) organise capacity building programmes to enable the street vendors to exercise the rights contemplated under this Act;
(b) undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through Town Vending Committee.
Section 33 Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything in consistent there in contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Section 34 Powers to delegate.
The appropriate Government may, by general or special order in writing, delegate such of its powers and functions under this Act (excluding the power to frame scheme under section 38 and power to make rules under section 36), as it may deem necessary, to the local authority or the Town Vending Committee or any other officer, subject to such conditions, if any, as may be specified in that order.
Section 35 Power to amend Schedules.
(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedules and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.
(2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
(2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
Section 36 Power to make rules. 34 docs
(1) The appropriate Government shall, within one year from the date of commencement of this Act, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the age for street vending under sub-section (1) of section 4;
(b) the form, period and manner of filing appeal with the local authority under sub-section (1) of section 11;
(c) the persons and the experience such person shall have under sub-section (1) of section 20;
(d) the form and the manner of making application under sub-section (2) of section 20;
(e) the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20;
(f) the form, the time within which and the manner in which an appeal may be filed under sub-section (4) of section 20;
(g) the time within which and the manner in which an appeal shall be disposed of under sub-section (5) of section 20;
(h) the term of, and the manner of constituting, the Town Vending Committee under sub-section (1) of section 22;
(i) the number of other members of the Town Vending Committee under clause (b) of sub-section (2) of section 22;
(j) the manner of elections among street vendors under clause (d) of sub-section (2) of section 22;
(k) the allowances to Chairperson and members under sub-section (3) of section 22;
(l) the time and place for meeting, procedure for transaction of business at meetings and functions to be discharged by the Town Vending Committee under section 23;
(m) the manner and the purpose for which a person may be associated under sub-section (1) of section 24;
(n) the allowances to be paid to an associated person under sub-section (2) of section 24;
(o) the other employees of Town Vending Committee under section 25;
(p) the manner of maintaining up to date record of all street vendors under sub-section (2) of section 26;
(q) the returns to be furnished under section 30;
(r) the manner of publishing summary of scheme under sub-section (2) of section 38.
(3) Every rule and scheme made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session ,for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme.
(4) Every rule or scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the age for street vending under sub-section (1) of section 4;
(b) the form, period and manner of filing appeal with the local authority under sub-section (1) of section 11;
(c) the persons and the experience such person shall have under sub-section (1) of section 20;
(d) the form and the manner of making application under sub-section (2) of section 20;
(e) the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20;
(f) the form, the time within which and the manner in which an appeal may be filed under sub-section (4) of section 20;
(g) the time within which and the manner in which an appeal shall be disposed of under sub-section (5) of section 20;
(h) the term of, and the manner of constituting, the Town Vending Committee under sub-section (1) of section 22;
(i) the number of other members of the Town Vending Committee under clause (b) of sub-section (2) of section 22;
(j) the manner of elections among street vendors under clause (d) of sub-section (2) of section 22;
(k) the allowances to Chairperson and members under sub-section (3) of section 22;
(l) the time and place for meeting, procedure for transaction of business at meetings and functions to be discharged by the Town Vending Committee under section 23;
(m) the manner and the purpose for which a person may be associated under sub-section (1) of section 24;
(n) the allowances to be paid to an associated person under sub-section (2) of section 24;
(o) the other employees of Town Vending Committee under section 25;
(p) the manner of maintaining up to date record of all street vendors under sub-section (2) of section 26;
(q) the returns to be furnished under section 30;
(r) the manner of publishing summary of scheme under sub-section (2) of section 38.
(3) Every rule and scheme made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session ,for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme.
(4) Every rule or scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.
Section 37 Power to make bye-laws.
Subject to the provisions of this Act or any rule or scheme made thereunder, the local authority may make bye-laws to provide for all or any of the following matters, namely:—
(a) the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones;
(b) determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section 17;
(c) determination of penalty under sub-section (5) of section 18 and section 28;
(d) the regulation of the collection of taxes and fees in the vending zones;
(e) the regulation of traffic in the vending zones;
(f) the regulation of the quality of products and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards;
(g) the regulation of civic services in the vending zones; and
(h) the regulation of such other matters in the vending zones as may be necessary.
(a) the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones;
(b) determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section 17;
(c) determination of penalty under sub-section (5) of section 18 and section 28;
(d) the regulation of the collection of taxes and fees in the vending zones;
(e) the regulation of traffic in the vending zones;
(f) the regulation of the quality of products and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards;
(g) the regulation of civic services in the vending zones; and
(h) the regulation of such other matters in the vending zones as may be necessary.
Section 38 Scheme for street vendors.
(1) For the purposes of this Act, the appropriate Government shall frame a scheme, within six months from the date of commencement of this Act, after due consultations with the local authority and the Town Vending Committee, by notification, which may specify all or any of the matters provided in the Second Schedule.
(2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the local authority in at least two local newspapers in such manner as may be prescribed.
(2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the local authority in at least two local newspapers in such manner as may be prescribed.
Section 39 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not in consistent with the provisions of this Act, as appear to it to be necessary expedient for removing the difficulty:
Provided that no order shall be made under this section after expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Provided that no order shall be made under this section after expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.