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SECTION 35, 36 THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014

What is the Power to amend Schedules? What is the Power to make rules? Section 35 and 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014

Power to amend Schedules and Power to make rules are defined under Section 35 and 36 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. Provisions under these Sections are:

 

 

Section 35 of The Street Vendors Act 2014 "Power to amend Schedules"

(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedules and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.

(2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued

 

Section 36 of The Street Vendors 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

 

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