Section 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Power to make rules.
- (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.
Summary
- The appropriate government must publish rules in the official gazette within one year from when this welfare law starts.
- These rules will decide many important details such as the minimum age for street vending and how to file appeals.
- The rules also set the terms, elections, allowances, and meeting procedures for the Town Vending Committee.
- All rules and schemes made by the central government must be presented to both houses of Parliament for thirty days.
- Rules made by a state government must be presented to that state's legislature.
Practical examples
FAQ
1. What is the deadline for the government to make rules under Section 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Under Section 36 of the Street Vendors Act, 2014, the appropriate government must notify the rules within one year from the date the Act begins.
2. Which government body makes the rules under Section 36 of the Street Vending Act?
According to Section 36 of the Street Vending Act, the appropriate government, which means the state government, the government of certain Union territories, or the central government depending on the region, has the power to make these rules.
3. Do rules made under Section 36 of the Street Vendors Act, 2014, need to be approved by the legislature?
Yes, under Section 36 of the Street Vendors Act, 2014, rules made by the central government must be laid before each House of Parliament for a total of thirty days, while state government rules must be laid before the state legislature.
4. Can Section 36 rules of the Street Vendors Act, 2014, change the minimum age for vending?
Yes, Section 36 of the Street Vendors Act, 2014, allows the appropriate government to make rules that set the specific age for street vending under the law.
Test yourself
Q1.Under Section 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the maximum time frame given to the appropriate government to make rules after the Act commences?
Q2.Under Section 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, if the Central Government makes a rule or scheme, how long must it be laid before each House of Parliament while in session?
Q3.Under Section 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which of the following is NOT a matter that the appropriate government may provide rules for?
Q4.Under Section 36 and Section 38 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, how is the summary of the scheme framed under Section 38 connected to the rules made under Section 36?