The Street Vendors Act, 2014 | Sections 32-34

Research, Training, Overriding Effect and Delegation of Powers

Sections 32, 33 and 34 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 deal with public awareness and capacity building, the priority of the Act over inconsistent legal provisions, and the Government's power to delegate specified responsibilities.

These provisions support implementation of the Act by public authorities and Town Vending Committees. The following explanation distinguishes what the statute authorises from what it makes mandatory.

Section 32: Research, training and awareness

Who may organise training? The appropriate Government may take the measures described in Section 32, to the extent that financial and other resources are available. The provision is enabling, rather than an unconditional requirement to conduct every programme.

Section 32(a): Capacity building for street vendors

The Government may organise capacity-building programmes so that street vendors can understand and exercise the rights contemplated by the Act. Such programmes may help vendors understand certificates of vending, permitted vending areas, applicable conditions and the processes established by the law.

Section 32(b): Research, education and public awareness

The Government may undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector generally, and street vendors particularly, in the economy. It may also raise public awareness through the Town Vending Committee.

This provision recognises that effective regulation involves educating vendors, officials and the wider public, not merely enforcing restrictions.

Section 33: Act to have overriding effect

Section 33 contains a non-obstante clause. It provides that the provisions of the Street Vendors Act have effect notwithstanding anything inconsistent contained in another law for the time being in force or an instrument having effect by virtue of a law other than this Act.

Meaning of overriding effect: Where an actual inconsistency arises, the Act's applicable provision takes precedence to the extent of that inconsistency. Section 33 does not, by itself, repeal every other municipal, traffic, planning or public-safety rule; provisions capable of operating consistently may continue to apply.

For example, the protection against harassment in Section 27 is tied to vending in accordance with the terms and conditions of a certificate of vending. Section 33 should therefore be read together with the rights, restrictions, rules and schemes established by the Act, rather than as an unrestricted permission to vend anywhere.

Section 34: Powers to delegate

Under Section 34, the appropriate Government may, by a general or special order in writing, delegate powers and functions under the Act that it considers necessary to any of the following:

the local authority;
the Town Vending Committee; or
any other officer.

The written order may impose conditions, and the delegate must act within the authority and conditions specified in that order.

Powers that cannot be delegated under Section 34

The Act expressly excludes two powers from this delegation:

Section 36: the power to make rules;
Section 38: the power to frame the scheme for street vendors.

These excluded powers remain with the appropriate Government under the statutory framework. For related provisions, see Sections 35 and 36 and Sections 37 to 39.

Important statutory expressions

Appropriate Government: The Central or State Government, as applicable under the definition in Section 2 of the Act. Local authority: the authority identified under Section 2 for the relevant area. Town Vending Committee: the committee constituted under Section 22 for carrying out functions under the Act.

Non-obstante clause: legislative wording such as "notwithstanding anything inconsistent" that gives a specified provision priority where inconsistent legal requirements conflict. Delegation: the transfer of authority to exercise particular statutory functions, subject to any limits and conditions imposed by the enabling provision and delegation order.

Official legislation and related provisions

Read the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (India Code, official text). For applicable State rules, schemes, notifications and delegation orders, consult the relevant State Government and local authority; procedures may differ by jurisdiction.