Section 21: Plan for Street Vending
Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 sets out how a plan for street vending must be prepared and approved. The provision connects the local authority, planning authority, Town Vending Committee and appropriate Government to ensure that street vending is included in urban planning.
Section 21: Plan for street vending
Section 21(1): Preparation once every five years
Every local authority must prepare a plan to promote the vocation of street vendors once in every five years. It must do so in consultation with the planning authority and on the recommendations of the Town Vending Committee (TVC). The plan must cover the matters listed in the First Schedule to the Act.
Section 21(2): Government approval and notification
The local authority must submit its prepared street vending plan to the appropriate Government for approval. Before notifying the plan, that Government must determine the norms applicable to street vendors. Accordingly, preparation by the local authority is not the same as final government approval and notification.
Meaning of important terms
Local authority: Under Section 2, this generally refers to the municipal corporation, municipal council, nagar panchayat or other authority legally responsible for local civic administration in the area. Planning authority: The authority responsible for planning and development under applicable law. Town Vending Committee: The committee constituted under Section 22 to perform the Act's functions relating to street vending, including making recommendations for the plan. Appropriate Government: The Central or State Government, as determined by the Act's definitions and the area concerned.
What must the First Schedule address?
The First Schedule provides the framework for spatial and regulatory planning. It covers identification of vending spaces or zones, regulation of vending in different types of areas, principles for determining vending zones, and considerations such as traffic, pedestrian movement, public convenience and the livelihood needs of vendors. Its requirements must be read with the Act and the applicable notified state or Union Territory scheme.
- Spatial planning: Identify vending zones and spaces through an evidence-based local planning process.
- Vendor participation: Incorporate the Town Vending Committee's statutory recommendations.
- Public access: Balance pedestrian and traffic movement, public amenities and access with livelihood protection.
- Government norms: Apply the norms determined by the appropriate Government before notification.
How Section 21 relates to other protections
Section 3 addresses survey and protection from eviction or relocation during the specified statutory process. Section 12 deals with vending rights under a certificate, subject to no-vending zones. Section 18 governs relocation and eviction, including the Town Vending Committee's recommendations and notice requirements. A vending plan should therefore not be treated as independently removing the protections established by these provisions.
Frequently asked questions
Who prepares the plan for street vending?
The local authority prepares it in consultation with the planning authority and on the recommendations of the Town Vending Committee.
How frequently must the plan be prepared?
Section 21(1) requires preparation once in every five years.
Who approves and notifies the plan?
The appropriate Government approves the submitted plan and determines applicable norms before notifying it.
Does Section 21 itself fix a uniform number of vending sites?
No. Section 21 sets out the plan-making process and refers to the First Schedule. The applicable plan, rules and scheme must be consulted for local implementation.
Official legal sources
Read the Street Vendors Act, 2014 (India Code, official Act PDF) and the India Code portal. For implementation in a particular city, also check the relevant State or Union Territory rules, notified scheme and approved street vending plan.
This is an explanation of the central legislation. Local procedures and notified plans vary by jurisdiction.