SECTION 37, 38, 39 THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014

What is the Power to make byelaws? What is the Scheme for street vendors? What is the Power to remove difficulties? Section 37, 38 and 39 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014

Power to make byelaws, Scheme for street vendors and Power to remove difficulties are defined under Section 37, 38 and 39 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. Provisions under these Sections are:

 

 

Section 37 of The Street Vendors Act 2014 "Power to make byelaws"

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.

 

Section 38 of The Street Vendors Act 2014 "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 subsection (1) shall be published by the local authority in at least two local news papers in such manner as may be prescribed.

 

Section 39 of The Street Vendors Act 2014 "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 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.