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

(1) This Act may be called the StreetVendors (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 theOfficial Gazette, appoint; and different dates may be appointed for different States and any reference inany provision to the commencement of this Act shall be construed in relation to any State as a referenceto 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 controlledby 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) SecondOrder, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and vide Union Territory of LadakhReorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated(23-10-2020).]

(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 Territoryof 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 vendingzone and has been determined as such by the local authority on the commendations of the TownVending Committee; (c) local authority means a Municipal Corporation or a Municipal Council or a NagarPanchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil areacommittee appointed under section 47 of the Cantonment Act, 2006(41 of 2006)or such other bodyentitled to function as a local authority in any city or town to provide civic services and regulate streetvending 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 bymoving from one place to another place vending their goods and services; (e) natural market means a market where sellers and buyers have traditionally congregated forthe sale and purchase of products or services and has been determine das such by the local authorityon the recommendations of the Town Vending Committee; (f) notification means a notification published in the Official Gazette and the term notify shallbe construed accordingly; (g) planning authority means an Urban Development Authority or any other authority in anycity 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 planor zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicableTown and Country Planning Act or the Urban Development Act or the Municipal Act, as the casemay 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 ata specific location; (l) street vendor means a person engaged in vending of articles, goods, wares, food items ormerchandise 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 upstructure or by moving from place to place and includes hawker, peddler, squatter and all othersynonymous terms which may be local or region specific; and the words street vending with theirgrammatical variations and cognate expressions, shall be construed accordingly; (m) Town Vending Committee means the body constituted by the appropriate Governmentunder section 22; (n) vending zone means an area or a place or a location designated as such by the localauthority, on the recommendations of the Town Vending Committee, for the specific use by streetvendors for street vending and includes footpath, side walk, pavement, embankment, portions of astreet, waiting area for public or any such place considered suitable for vending activities andproviding services to the general public. (2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area inwhich such enactment or such provision is not in force be construed as a reference to the correspondinglaw, 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 NationalCapital 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) SecondOrder, 2020, Notification No. S.O. 3465(E), dated (5-10-2020).]

(1) The Town VendingCommittee shall, within such period and in such manner as may be specified in the scheme, conduct asurvey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall becarried out at least once in every five years. (2) The Town Vending Committee shall ensure that all existing street vendors, identified in thesurvey, are accommodated in the vending zones subject to a norm conforming to two and half per cent. ofthe population of the ward or zone or town or city, as the case may be, in accordance with the plan forstreet 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 undersub-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 outunder sub-section (1) of section 3, who has completed the age of fourteen years or such age as may beprescribed by the appropriate Government, shall be issued a certificate of vending by the Town VendingCommittee, subject to such terms and conditions and within the period specified in the scheme includingthe 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 aslicence 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 hasbeen issued such certificate of vending. (2) Where, in the intervening period between two surveys, any person seeks to vend, the TownVending Committee may grant a certificate of vending to such person, subject to the scheme, the plan forstreet vending and the holding capacity of the vending zones. (3) Where the number of street vendors identified under sub-section (1) or the number of personsseeking to vend under sub-section (2) are more than the holding capacity of the vending zone and exceedsthe number of persons to be accommodated in that vending zone, the Town Vending Committee shallcarry out a draw of lots for issuing the certificate of vending for that vending zone and the remainingpersons shall be accommodated in any adjoining vending zone to avoid relocation.

(1) Every street vendor shall give an undertakingto 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 theplace specified therein to any other person. (2) Where a street vendor to whom a certificate of vending is issued dies or suffers from anypermanent disability or is ill, one of his family member in following order of priority, may vend in hisplace, till the validity of the certificate of vending (a) spouse of the street vendor; (b) dependent child of the street vendor: Provided that where a dispute arises as to who is entitled to vend in the place of the vendor, the mattershall be decided by the committee under section 20.