Chapter I PRELIMINARY

General201439 sections10 chapters

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1. Short title, extent, commencement and provisions.

Statutory text

(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 date1 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 (24 of 1989). STATE AMENDMENT Union Territory of Jammu and Kashmir and Ladakh Section 1.--In sub-section (2), omit 'except the State of Jammu and Kashmir'. [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]

Chapter I PRELIMINARY

2. Definitions.

Statutory text

(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 in any vending zone and has been determined as such by the local authority on the commendations of the Town Vending Committee;
- (c) local authority means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006(41 of 2006)or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the planning authority which regulates the land use in that city or town;
- (d) mobile vendors means street vendors who carry out vending activities in designated area by moving from one place to another place vending their goods and services;
- (e) natural market means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determine das such by the local authority on the recommendations of the Town Vending Committee;
- (f) notification means a notification published in the Official Gazette and the term notify shall be construed accordingly;
- (g) planning authority means an Urban Development Authority or any other authority in any city or town designated by the appropriate Government as responsible for regulating the land use by defining the precise extent of areas for any particular activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicable Town and Country Planning Act or the Urban Development Act or the Municipal Act, as the case may be;
- (h) prescribed means prescribed by rules made under this Act by the appropriate Government;
  - (i) Schedule means the Schedule annexed to this Act;
- (j) scheme means a scheme framed by the appropriate Government under section 38;
- (k) stationary vendors means street vendors who carry out vending activities on regular basis at a specific location;
- (l) street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, sidewalk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words street vending with their grammatical variations and cognate expressions, shall be construed accordingly;
- (m) Town Vending Committee means the body constituted by the appropriate Government under section 22;
- (n) vending zone means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public.
(2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area. STATE AMENDMENT Union Territory of Jammu and Kashmir Section 2.--In sub-section (1), in clause (a), in sub-clause (ii), after "the Government of the National Capital Territory of Delhi", insert "the Government of the Union territory of Jammu and Kashmir" [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020).]

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