STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014
(1) This Act may be called the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.
(4) The provisions of this Act shall not apply to any land, premises and trains owned and controlled by the Railways under the Railway Act, 1989.
Section 1 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, sets out the preliminary provisions including the title, extent, and commencement of the Act, establishing the framework for regulating street vending activities across India. It aims to recognize and protect the livelihood rights of street vendors while providing a regulatory mechanism to balance public interest and vendors' rights.
Section 1 primarily contains:- The short title of the Act.- The extent of its applicability (generally nationwide).- The commencement date.- Definitions and interpretations relevant to the Act’s provisions.- The power of the appropriate government to notify schemes and rules.
Section 1 lays the groundwork for the entire legislative scheme, defining the scope of the Act's application and empowering the government to make rules and schemes. It ensures the Act applies uniformly across different states and territories, facilitating a cohesive approach to street vending regulation.
Section 1 itself does not prescribe any punishment; it functions as an introductory provision setting the legislative framework. Punitive provisions are detailed in later sections related to violations, encroachments, or non-compliance with rules framed under this Act.
In summary, Section 1 functions as the foundational clause of the 2014 Act, providing the legal basis for its application, scope, and the authority to frame regulations. It emphasizes the recognition of street vendors' livelihood rights within a structured regulatory framework, ensuring that their occupational rights are protected while balancing public interest through schemes and rules. Judicial interpretations have reinforced its importance in establishing the legal legitimacy of vendors' rights and the necessity of procedural compliance by authorities.
(1) In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means in respect of matters relating to,-
(i) a Union territory without Legislature, the Central Government;
(ii) the Union territories with Legislature, the Government of the National Capital Territory of Delhi or, as the case may be, the Government of Union territory of Puducherry;
(iii) a State, the State Government;
(b) "holding capacity" means the maximum number of street vendors who can be accommodated in any vending zone and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
(c) "local authority" means a Municipal
(1) The Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall be carried out at least once in every five years.
(2) The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommodated in the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones.
(3) No street vendor shall be evicted or, as the case may be, relocated till the survey specified under sub-section (1) has been completed and the certificate of vending is issued to all street vendors.
(1) Every street vendor, identified under the survey carried out under sub-section (1) of section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be issued a certificate of vending by the Town Vending Committee, subject to such terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending:
Provided that a person, whether or not included under the survey under sub-section
(1) of section 3, who has been issued a certificate of vending before the commencement of this Act, whether known as licence or any other form of permission (whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been i
Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as "the Act") serves as the primary legislative instrument for formalizing the occupation of street vendors in India. It mandates that street vendors identified and listed during the survey conducted under Section 3 must be issued a "Certificate of Vending." This section bridges the gap between the identification of vendors and the granting of legal protection, ensuring that their right to carry on their vocation is no longer theoretical but enforceable through a legal document subject to specific conditions.
Section 4 stipulates that every street vendor identified in the survey shall be deemed to be a street vendor of a particular time slot or zone following the issuance of a certificate by the Town Vending Committee (TVC). It authorizes the appropriate government or local authority to issue these certificates. However, the issuance is not unconditional; the certificate must specify the terms, including the time slot (e.g., 30 minutes per spot initially), the zone of vending, and any other regulations. Breach of these terms can lead to suspension or cancellation. The section effectively transforms the status of a "squatter" or "unlicensed hawkers" into a "legal vendor" contingent upon adherence to the prescribed rules.
- Identification via Survey - A vendor must first be identified as a street vendor through the survey process mandated under Section 3 of the Act before a certificate can be issued.
- Constitutional Majority (14+ Years) - The certificate shall only be issued to a street vendor who has completed the age of fourteen years or the age determined by the rules.
- Role of Town Vending Committee (TVC) - The TVC is the statutory body responsible for constituting the vendor list and issuing the certificates in consultation with the Government.
- Specification of Vending Parameters - The certificate must explicitly define the time slot, the zone, and any specific conditions for vending to be valid. [Rajkumar Sav VS Municipal Corporation of Delhi]
- Conditional Nature of Rights - The right to vend arises only upon the issuance of the certificate, making the document the source of the legal right to occupy public space. [Pawan Kumar VS Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee]
- Basis of Seniority - The process involves a principle of seniority where pre-existing vendors are prioritized for allocation in the list prior to constitution of the TVC. [Bhola Ram Patel VS New Delhi Municipal Council]
- Protection from Eviction Relocation - Once a certificate is issued, the vendor gains protection from eviction until the survey is completed, provided they operate within the limits of the certificate. [Brahm Pal VS New Delhi Municipal Council]
- Delimitation of Public vs. Private Trade - The section delineates the specific hours and zones where vendors can operate, preventing encroachment on roads meant for public passage outside these limits. [Amerandra Kumar Sarma S/o Sri Surendra Nath Sarma vs State Of Assam]
- Mobile and Stationary Vending - The scope covers both stationary stalls and mobile vendors, imposing specific time limits (e.g., 30 minutes) for mobile vendors to prevent obstruction. [Pawan Kumar VS Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee]
- Sanitation and Safety Compliance - The certificate obligates vendors to maintain health, hygiene, and safety conditions as required by local laws and court orders. [Pawan Kumar VS Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee]
- No Permanent Structures - Vendors are legally prohibited from building or constructing any permanent or temporary structures at the designated vending site. [Pawan Kumar VS Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee]
- Geographic Flexibility within Zones - While vendors have rights to a specific zone, certain clauses may stipulate they cannot vend from any particular fixed spot within that zone to allow fluidity. [Triloki Nath VS Municipal Corporation of Delhi]
- State-Specific Variations - State rules elaborate on Section 4; for instance, Meghalaya sets the minimum age at 18 years, whereas the central Act allows 14.
- Enforcement and Cancellation - The scope includes the power to suspend or cancel the certificate if the vendor violates the specified conditions. [Pawan Kumar VS Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee]
- Temporary Allocation Rights - In cases of relocation due to public utility projects, vendors may be temporarily entitled to vending sites in areas with similar features. [Ranjit Kumar VS Municipal Corporation of Delhi]
Note: There is no specific standalone criminal punishment section within Section 4 itself.
-Consequences of Breach - While Section 4 does not define a penal code, the violation of its conditions constitutes a breach of the certificate, leading to administrative penalties such as suspension or cancellation of the right to vend.
-Correlation with Act Provisions - Violations of the conditions specified in a certificate issued under Section 4 can attract penalties under broader provisions of the Act or local state rules regarding nuisance and obstruction. [Mamta Mishra W/o Sanjya Mishra VS Municipal Corporation, Indore]
-Prioritization of Civil over Criminal - Courts generally address violations of Section 4 through writs of mandamus or contempt proceedings for non-compliance by authorities rather than criminal prosecution of vendors for the failure to follow certificate terms. [A. T. Mhammed Ismail VS Commissioner, Greater Chennai Corporation, Chennai]
(1) Every street vendor shall give an undertaking to the Town Vending Committee prior to the issue of a certificate of vending under section 4, that-
(a) he shall carry on the business of street vending himself or through any of his family member;
(b) he has no other means of livelihood:
(c) he shall not transfer in any manner whatsoever, including rent, the certificate of vending or the place specified therein to any other person.
(2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending-
(a) spouse of the st
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is a landmark legislation designed to protect the livelihood rights of urban street vendors while regulating their activities. Section 5 of the Act specifically deals with the "Conditions for issue of certificate of vending." This section mandates specific undertakings and eligibility criteria that a street vendor must fulfill before the Town Vending Committee (TVC) can issue a certificate, which grants the legal right to ply trade at a specific location. It serves as the bridge between the right to livelihood (protected by the Constitution) and the regulatory requirement for an official certificate, ensuring that the certificate is not granted indiscriminately but based on bona fide criteria aimed at poverty alleviation and self-employment.
Section 5 stipulates that every street vendor must provide a written undertaking to the Town Vending Committee prior to the issuance of a certificate. The core of the section lays down three non-negotiable conditions:1. The vendor intends to carry on the business personally or through a family member.2. The vendor declares they have no other means of livelihood.3. The vendor pledges not to transfer the certificate or the specified place to any other person.
The Act further clarifies that in the event of the vendor's death, illness, or disability, a family member may continue vending in the place of the original vendor, following a strict order of priority (spouse first, then dependent child). In case of disputes regarding succession to the certificate, the television committee must decide the matter.
For a Certificate of Vending to be validly issued under Section 5, the following elements must be present:* Bona Fide Undertaking: There must be a solemn declaration by the vendor regarding their financial status and intent to trade personally.* Absence of Alternative Livelihood: The applicant must prove they have no other source of income/subsistence.* Non-Transferability: There can be no sub-leasing or commercial transfer of the vending rights to third parties for profit.* Succession Protocol: A clear mechanism for familial succession must be acknowledged in the application process.
The scope of Section 5 is broad yet restrictive to ensure the Act's objectives are met:* Eligibility Gatekeeper: It acts as a primary filter to identify genuine street vendors who rely on vending as their sole source of income, distinguishing them from shopkeepers or those with salaried jobs.* Protection against Commercialization: It prevents the commodification of street vending spaces where vendors might rent out their allotted spots to others for profit, which would defeat the purpose of poverty alleviation.* Social Security Aspect: By allowing succession to the certificate (via spouse or child), it ensures social security and the continuity of the livelihood for the vendor's family upon death or disability.* Jurisdictional Application: The conditions apply uniformly across all states and union territories, though schemes framed under the Act may elaborate on the methodology of verifying these conditions.
While Section 5 deals with the issuance conditions, violation of the undertaking given under this section triggers penal consequences linked to Section 10 (Cancellation or Suspension of certificate).* If a vendor transfers the certificate in violation of Section 5(1)(c), the Town Vending Committee can cancel or suspend the certificate.* Additionally, the vendor may be liable for fines and penalties as prescribed under the respective State Rules and Schemes under Section 22 and Section 25 of the Act.* Jurisprudence indicates that violation of conditions attached to the certificate (stemming from the undertaking in Section 5) is a valid ground for eviction/relocation after due process.
(1) The certificate of vending shall be issued under any of the following categories, namely:-
(a) a stationary vendor;
(b) a mobile vendor; or
(c) any other category as may be specified in the scheme.
(2) The certificate of vending issued for the categories specified in sub-section (1) shall be in such form, and issued in such manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities, the days and timings for carrying on such vending activities and the conditions and restrictions subject to which he shall carry on such vending activities.
(3) Every street vendor who has been issued certificate of vending under sub-section
&nb
The criteria to be followed by the Town Vending Committee for issuing certificate of vending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, women, persons with disabilities, minorities or such other categories as may be specified in the scheme.
Every street vendor who has been issued certificate of vending shall pay such vending fees as may be specified in the scheme.
(1) Every certificate of vending shall be valid for such period as may be specified in the scheme.
(2) Every certificate of vending shall be renewable for such period, in such manner, and on payment of such fees, as may be specified in the scheme.
Where a street vendor who has been issued a certificate of vending under this Act commits breach of any of the conditions thereof or any other terms and conditions specified for the purpose of regulating street vending under this Act or any rules or schemes made thereunder, or where the Town Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud, the Town Vending Committee may, without prejudice to any other fine which may have been incurred by the street vendor under this Act, cancel the certificate of vending or suspend the same in such manner as may be specified in the scheme and for such period as it deems fit:
Provided that no such cancellation or suspension shall be made by the Town Vending Committee unless an opportunity of hearing has been given to the street vendor.
(1) Any person who is aggrieved by any decision of the Town Vending Committee with respect to issue of certificate of vending under section 6 or cancellation or suspension of certificate of vending under section 10 may prefer an appeal to the local authority in such
form, within such period, and in such manner, as may be prescribed.
(2) No appeal shall be disposed of by the local authority unless the appellant has been given an opportunity of hearing.
(1) Every street vendor shall have the right to carry on the business of street vending activities in accordance with the terms and conditions mentioned in the certificate of vending.
(2) Notwithstanding anything contained in sub-section (1), where any area or space, as the case may be, has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zone.
Section 12 of the Act enshrines the rights of street vendors, establishing their legal entitlement to carry out vending activities under prescribed conditions. It aims to balance the livelihood rights of vendors with regulatory frameworks to ensure orderly street vending.
Section 12 grants every street vendor the right to conduct vending activities on streets, provided they adhere to the rules and conditions specified in their vending permits or certificates. It emphasizes that vending rights are subject to compliance with the law and the conditions laid down by authorities.
While Section 12 primarily confers rights, non-compliance with the conditions attached to vending permits can lead to penalties, including fines, suspension, or cancellation of certificates, and potentially eviction from vending zones, as per other provisions of the Act and relevant rules [Mamta Mishra W/o Sanjya Mishra VS Municipal Corporation, Indore].
Note: The analysis is based on the provided sources, primarily the court judgments and legal summaries related to the Act, with specific emphasis on the provisions and judicial interpretations of Section 12.
Every street vendor, who possesses a certificate of vending, shall, in case of his relocation under section 18, be entitled for new site or area, as the case may be, for carrying out his vending activities as may be determined by the local authority, in consultation with the Town Vending Committee.
Section 13 of the Street Vendors Act, 2014, addresses the procedures and grounds for the eviction of street vendors, balancing the rights of vendors with public interest and urban planning needs. It forms a crucial part of the legal framework aimed at regulating street vending while safeguarding vendors' livelihood rights.
Section 13 primarily stipulates the conditions under which a street vendor can be evicted from a vending zone. It mandates that eviction can only occur if certain legal procedures are followed, including prior notice and reasons justifying eviction, such as breach of conditions or public interest.
The section applies to all street vendors holding valid certificates and operating within designated vending zones. It also covers procedures for eviction, ensuring that vendors are not arbitrarily removed, thus protecting their livelihood rights. It intersects with provisions related to cancellation or suspension of certificates.
While Section 13 itself primarily deals with eviction procedures, violations such as illegal eviction or non-compliance with due process may attract penalties under other provisions of the Act or relevant municipal laws. The section emphasizes procedural fairness rather than prescribing specific punishments.
Note: The analysis is based on the provided sources, emphasizing the procedural and protective aspects of Section 13, consistent with the Act’s aim to regulate street vending while safeguarding vendors’ livelihood rights.
Where a street vendor occupies space on a time sharing basis, he shall remove his street goods and wares every day at the end of the time-sharing period allowed to him.
Every street vendor shall maintain cleanliness and public hygiene in the vending zones and the adjoining areas.
Every street vendor shall maintain civic amenities and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the same.
Every street vendor shall pay such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authority.
(1) The local authority may, on the recommendations of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the scheme.
(2) The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme.
(3) No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days' notice for the same in such manner as may be specified in the scheme.
(4) A street vendor shall be relocated or evicte
(1) If the street vendor fails to vacate the place specified in the certificate of vending, after the lapse of the period specified in the notice given under sub-section (3) of section 18, the local authority, in addition to evicting the street vendor under section 18, may, if it deems necessary, seize the goods of such street vendor in such manner as may be
specified in the scheme:
Provided that where any such seizure is carried out, a list of goods seized shall be prepared, as specified in the scheme, and a copy thereof, duly signed by the person authorised to seize the goods, shall be issued to the street vendor.
(2) The street vendor whose goods have been seized under sub-section (1) may, reclaim his goods in such manner, and after paying such fees, as may be specified in the scheme:
(1) The appropriate Government may constitute one or more committees consisting of a Chairperson who has been a civil judge or a judicial magistrate and two other professionals
having such experience as may be prescribed for the purpose of deciding the applications received under sub-section (2):
Provided that no employee of the appropriate Government or the local authority shall be appointed as members of the committee.
(2) Every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under sub-section (1) in such form and manner as may be prescribed.
(3) On receipt of grievance or dispute under sub-section (2), the committee referred to in sub-section (1) shall, after verification and enquiry
(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.
(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 norminated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police,
(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.
(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 may be prescribed.
The local authority shall provide the Town Vending Committee with appropriate office space and such employees as may be prescribed.
(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
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.
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.
(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.
Every Town Vending Committee shall furnish, from time to time, to the appropriate Government and the local authority such returns as may be prescribed.
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.
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.
The provisions of this Act shall have effect notwithstanding anything inconsistent therein 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.
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.
(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.
(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;
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
(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 subsection (1) shall be published by the local authority in at least two local news papers in such manner as may be prescribed.
Section 38 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, empowers the appropriate government to frame schemes for the regulation of street vending activities, including the identification, registration, and regulation of vending zones. The provision aims to create a legal framework for the systematic regulation of street vending, balancing the livelihood rights of vendors with urban planning and traffic management needs.
Section 38 mandates that within six months from the commencement of the Act, the appropriate government shall formulate a scheme, after consultation with local authorities and the Town Vending Committee, to regulate street vending activities. This scheme shall specify:- Procedures for survey and enumeration of vendors- Issuance, renewal, suspension, and cancellation of certificates of vending- Designation of vending zones and non-vending zones- Measures for eviction or relocation of vendors- Other relevant regulations for street vending
While Section 38 itself primarily deals with scheme formulation, violations such as failure to formulate the scheme within the prescribed time or non-compliance with the scheme's provisions can lead to legal consequences, including:- Nullification of actions taken without the scheme- Orders for compliance or remedial measures- Penalties under other provisions of the Act for non-compliance with the scheme or illegal eviction
(Note: Specific punishments for non-compliance with Section 38 are generally linked to violations of the scheme or rules framed under the scheme, as per other sections of the Act.)
In summary, Section 38 of the Act is a crucial provision that lays down the legal framework for regulating street vending through schemes. Its proper implementation ensures the protection of vendors' livelihoods, urban order, and adherence to constitutional principles of natural justice and rule of law. Courts have consistently emphasized timely formulation, consultation, transparency, and compliance to prevent arbitrary actions and to uphold vendors' rights within a legal and regulatory framework.
(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 inconsistent with the provisions of this Act, as appear to it to be necessary or 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.
(See section 21)
PLAN FOR STREET VENDING
(1) The plan for street vending shall,-
(a) ensure that all existing street vendors identified in the survey, subject to a norm conforming to two and half per cent. of the population of the ward, zone, town or city, as the case may be, are accommodated in the plan for street vending;
(b) ensure the right of commuters to move freely and use the roads without any impediment;
(c) ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets;
(d) take into account the civic facilities for appropriate use of identified spaces or areas as vending zones;
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(See section 38)
Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:-
(a) the manner of conducting survey;
(b) the period within which certificate of vending shall be issued to the street vendors identified under the survey;
(c) the terms and conditions subject to which certificate of vending may be issued to a street vendor including to those persons who wish to carry on street vending during the intervening period of two surveys;
(d) the form and the manner in which the certificate of vending may be issued toa street vendor;
(e) the form and manner of issuing identity cards to street vendors;
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