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F PɼÀPÀAqÀ The Scheduled Castes and the Scheduled Tribes (Prevention of Atroocities) Amendment Ordinance, 2014 (No. 1 of 2014)

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 4^th March, 2014/Phalguna 13, 1935 (Saka)

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT

ORDINANCE, 2014

(No.1 OF 2014)

Promulgated by the President in the Sixty-fifth Year of the Republic of India.

An Ordinance to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

WHEREAS the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2013, to give effect to

the aforesaid objective, was introduced on the 12th December, 2013 in the House of the People;

AND WHEREAS the said Bill could not be taken up for consideration and passing in the House of the People;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by Clause (1) of Article 123 of the Constitution, the President is

pleased to promulgate the following Ordinance:-

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Bangalore, Thursday, June 19, 2014 (Jyeishta 29, Shaka Varsha 1936)

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1. Short title and commencement. (1) This Ordinance may be called the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Ordinance, 2014.

(2) It shall come into force at once.

2. Amendment of long title. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(33 of 1989) (hereinafter referred to as the principal Act), in the long title, for the words "Special Courts", the words "Special Courts and

the Exclusive Special Courts" shall be substituted.

3. Amendment of Section 2. In Section 2 of the principal Act, in sub-Section (1),-

(i) after Clause (b), the following clauses shall be inserted, namely:-

'(bb) "dependent" means the spouse, children, parents, brother and sister of the victim, who are dependent

wholly or mainly on such victim for his support and maintenance;

(bc) "economic boycott" means-

(i) a refusal to deal with, work for hire or do business with other person; or

(ii) to deny opportunities including access to services or contractual opportunities for rendering service for

consideration; or

(iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of

business; or

(iv) to abstain from the professional or business relations that one would maintain with other person;

(bd) "Exclusive Special Court" means the Exclusive Special Court established under sub-Section (1) of Section 14 exclusively

to try the offences under this Ordinance;

(be) "forest rights" shall have the meaning assigned to it in sub-Section (1) of Section 3 of the Scheduled Tribes and Other

Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (2 of 2007).

(bf) "manual scavenger" shall have the meaning assigned to it in Clause (g) of sub-Section (1) of Section 2 of the Prohibition of

Employment as Manual Scavengers and their Rehabilitation Act, 2013; (25 of 2013)

(bg) "public servant" means a public servant as defined under Section 21 of the Indian Penal Code, as well as any other person

deemed to be a public servant under any other law for the time being in force and includes any person acting in his official capacity

under the Central Government or the State Government, as the case may be; (45 of 1860)

(ii) after clause (e), the following clauses shall be inserted, namely:-

'(ea) "Schedule" means the Schedule appended to this Ordinance;

(eb) "social boycott" means a refusal to permit a person to render to other person or receive from him any customary service or

to abstain from social relations that one would maintain with other person or to isolate him from others;

(ec) "victim" means any individual who falls within the definition of the 'Scheduled Caste and Scheduled Tribe' under Clause (c)

of sub-Section (1) of Section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or

harm to his property as a result of the commission of any offence under this Ordinance and includes his relatives, legal guardian and

legal heirs;

(ed) ''witness'' means any person who is acquainted with the facts and circumstances, or is in possession of any information or

has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this Ordinance, and

who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such

case and includes a victim of such offence;';

(iii) for Clause (f), the following clause shall be substituted, namely:-

"(f) the words and expressions used but not defined in this Ordinance and defined in the Indian Penal Code, the Indian Evidence

Act, 1872 (45 of 1860. 18 of 1872. 2 of 1974) or the Code of Criminal Procedure, 1973, as the case may be, shall be deemed to have

the meanings respectively assigned to them in those enactments.".

4. Amendment of Section 3. In Section 3 of the principal Act,-

(i) for sub-Section (1), the following sub-Section shall be substituted, namely:-

'(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

(a)

puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or

forces such member to drink or eat such inedible or obnoxious substance;

(b)

dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises,

occupied by a member of a Scheduled Caste or a Scheduled Tribe;

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(c)

with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps

excreta, waste matter, carcasses or any other obnoxious substance in his neighborhood;

(d)

garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe;

(e)

forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the

person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is

derogatory to human dignity;

(f)

wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any

competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land

transferred;

(g)

wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes

with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or

destroys the crops or takes away the produce therefrom.

Explanation.-For the purposes of Clause (f) and this clause, the expression "wrongfully" includes -

(A) against the person's will;

(B) without the person's consent;

(C) with the person's consent, where such consent has been obtained by putting the person, or any other person in

whom the person is interested in fear of death or of hurt; or

(D) fabricating records of such land;

(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do "begar" or other forms of forced or bonded labour other

than any compulsory service for public purposes imposed by the Government;

(i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig

graves;

(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the

employment of such member for such purpose;

(k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple,

or other religious institution as a devadasi or any other similar practice or permits aforementioned acts;

(l) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe-

(A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;

(B) not to file a nomination as a candidate or to withdraw such nomination; or

(C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a candidate

in any election;

(m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairperson

or a holder of any other office of a panchayat under Part IX of the Constitution or a municipality under Part IX A of the Constitution, from

performing their normal duties and functions;

(n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a

member of a Schedule Caste or a Scheduled Tribe or prevents from availing benefits of any public service which is due to him;

(o) commits any offence under this Ordinance against a member of a Scheduled Caste or a Scheduled Tribe for having voted or

not having voted for a particular candidate, or for having voted in a manner provided by law;

(p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or

a Scheduled Tribe;

(q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power

to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;

(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place

within public view;

(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;

(t) destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the Scheduled

Castes or the Scheduled Tribes.

Explanation.-For the purposes of this clause, the expression "object" means and includes statue, photograph and portrait;

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(u) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote

feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes;

(v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the

Scheduled Castes or the Scheduled Tribes;

(w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a

Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient's consent;

(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe,

knowing that she belongs to a Scheduled Caste or a Scheduled Tribe.

Explanation.-For the purposes of sub-clause (i), the expression "consent" means an unequivocal voluntary agreement when the

person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act:

Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act

of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity:

Provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes

or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;

(y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or

obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or

any other section thereof have a right to use or access to;

(z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of

residence:

Provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty;

(za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to -

(A) using common property resources of an area, or burial or cremation ground equally with others or using any river, stream,

spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage;

(B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding

procession, or mounting a horse or any other vehicle during wedding processions;

(C) entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or

taking out, any religious, social or cultural processions including jatras;

(D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any

other public place; or using any utensils or articles meant for public use in any place open to the public; or

(E) practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other

members of the public, or any section thereof, have a right to use or have access to;

(zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of

practicing witchcraft or being a witch; or

(zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a

Scheduled Tribe,

shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years and with

fine.';

(ii) in sub-Section (2),-

(a) in Clause (v), for the words "on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such

property belongs to such member", the words "knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or

such property belongs to such member" shall be substituted;

(b) after clause (v), the following clause shall be inserted, namely:-

"(va) commits any offence specified in the Schedule," against a person or property, knowing that such person is a member of a

Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as

specified under the Indian Penal Code for such offences and shall also be liable to fine.". (45 of 1860)

5. Substitution of new section for Section 4. For Section 4 of the principal Act, the following section shall be substituted,

namely:-

"4. Punishment for neglect of duties. (1) Whoever, being a public servant but not being a member of a Scheduled Caste or a

Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Ordinance and the rules made thereunder, shall

be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

(2) The duties of public servant referred to in sub-section (1) shall include-

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(a)

to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police

station, before taking the signature of the informant;

(b)

to register a complaint or a First Information Report under this Ordinance and other relevant provisions and to register it

under appropriate sections of this Ordinance;

(c)

to furnish a copy of the information so recorded forthwith to the informant;

(d)

to record the statement of the victims or witnesses;

(e)

to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of

sixty days, and to explain the delay if any, in writing;

(f)

to correctly prepare, frame and translate any document or electronic record;

(g)

to perform any other duty specified in this Ordinance or the rules made thereunder:

Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative

enquiry.

(3) The cognizance in respect of any dereliction of duty referred to in sub-Section (2) by a public servant shall be taken by the

Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.".

6. Amendment of Section 8. In Section 8 of the principal Act,-

(i) in Clause (a), for the words "any financial assistance to a person accused of’’ the words "any financial assistance in relation

to the offences committed by a person accused of’’ shall be substituted;

(ii) after Clause (b), the following clause shall be inserted, namely: -

"(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was

aware of the caste or tribal identity of the victim, unless the contrary is proved.".

7. Amendment of Section 10. In section 10 of the principal Act, in sub-Section (1),-

(a)

after the words and figures "Article 244 of the Constitution", the words, brackets and figures "or any area identified

under the provisions of Clause (vii) of sub-Section (2) of Section 21" shall be inserted;

(b)

for the words "two years", the words "three years" shall be substituted.

8. Substitution of new section for Section 14. For Section 14 of the principal Act, the following section shall be substituted,

namely:-

"14. Special Court and Exclusive Special Court. (1) For the purpose of providing for speedy trial, the State Government shall,

with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court

for one or more Districts:

Provided that in Districts where less number of cases under this Ordinance is recorded, the State Government shall, with the

concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session

to be a Special Court to try the offences under this Ordinance:

Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this

Ordinance.

(2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this

Ordinance are disposed of within a period of two months, as far as possible.

(3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all

the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the

same beyond the following day to be necessary for reasons to be recorded in writing:

Provided that when the trial relates to an offence under this Ordinance, the trial shall, as far as possible, be completed within a

period of two months from the date of filing of the charge sheet.".

9. Insertion of new Section 14A. After Section 14 of the principal Act, the following section shall be inserted, namely:-

"14A. Appeals. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) an appeal shall

lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High

Court both on facts and on law.

(2) Notwithstanding anything contained in sub-Section (3) of Section 378 of the Code of Criminal Procedure, 1973, (2 of 1974)

an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be

preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:

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Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the

appellant had sufficient cause for not preferring the appeal within the period of ninety days:

Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days.

(4) Every appeal preferred under sub-Section (1) shall, as far as possible, be disposed of within a period of three months from

the date of admission of the appeal.

10. Substitution of new section for Section 15. For Section 15 of the principal Act, the following section shall be substituted,

namely:-

"15. Special Public Prosecutor and Exclusive Public Prosecutor. (1) For every Special Court, the State Government shall,

by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for

not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

(2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive

Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive

Public Prosecutor for the purpose of conducting cases in that Court.".

11. Insertion of new Chapter IVA. After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:-

"CHAPTER IVA

RIGHTS OF VICTIMS AND WITNESSES

15A. Rights of victims and witnesses. (1) It shall be the duty and responsibility of the State to make arrangements for the

protection of victims, their dependents and witnesses against any kind of intimidation or coercion or inducement or violence or threats of

violence.

(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the

victim's age or gender or educational disadvantage or poverty.

(3) A victim or his dependent shall have the right to reasonable, accurate and timely notice of any Court proceeding including

any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this

Ordinance.

(4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may

be, to summon parties for production of any documents or material, witnesses or examine the persons present.

(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Ordinance in respect of bail, discharge,

release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on

conviction, acquittal or sentencing.

(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) the Special Court or the Exclusive

Special Court trying a case under this Ordinance shall provide to a victim, his dependent, informant or witnesses-

(a) the complete protection to secure the ends of justice;

(b) the travelling and maintenance expenses during investigation, inquiry and trial; and

(c) the social-economic rehabilitation during investigation, inquiry and trial;

(d) relocation.

(7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any

victim or his dependent, informant or witnesses and such Court shall periodically review the protection being offered and pass

appropriate orders.

(8) Without prejudice to the generality of the provisions of sub-Section (6), the concerned Special Court or the Exclusive Special

Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special

Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including-

(a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case

accessible to the public;

(b) issuing directions for non-disclosure of the identity and addresses of the witnesses;

(c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the

same day, if necessary, pass appropriate orders for protection:

Provided that inquiry or investigation into the complaint received under Clause (c) shall be tried separately from the main case

by such Court and concluded within a period of two months from the date of receipt of the complaint:

Provided further that where the complaint under Clause (C) is against any public servant, the Court shall restrain such public

servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case,

except with the permission of the Court.

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(9) It shall be the duty of the Investigating Officer and the Station House Officer to record the complaint of victim, informant or

witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing,

and a photocopy of the First Information Report shall be immediately given to them at free of cost.

(10) All proceedings relating to offences under this Ordinance shall be video recorded.

(11) It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights

and entitlements of victims and witnesses in accessing justice so as -

(a) to provide a copy of the recorded First Information Report at free of cost;

(b) to provide immediate relief in cash or in kind to atrocity victims or their dependents;

(c) to provide necessary protection to the atrocity victims or their dependents, and witnesses;

(d) to provide relief in respect of death or injury or damage to property;

(e) to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims;

(f)

to provide the maintenance expenses to the atrocity victims and their dependents;

(g) to provide the information about the rights of atrocity victims at the time of making complaints 'and registering the First

Information Report;

(h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;

(i)

to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the

status of investigation and charge sheet and to provide copy of the charge sheet at free of cost;

(j) to take necessary precautions at the time of medical examination;

(k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the

relief amount;

(I)

to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance

about the dates and place of investigation and trial;

(m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated

organisations or individuals and to provide the legal aid for the said purpose;

(n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of

the proceedings under this Ordinance and to provide the necessary assistance for the execution of the rights.

(12) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations,

social workers or advocates.".

12. Insertion of new Schedule. After Section 23 of the principal Act, the following Schedule shall be inserted, namely:-

"THE SCHEDULE

[See Section 3(2) (va)]

Section under the

Indian Penal Code

Name of offence and punishment.

120A

Definition of criminal conspiracy.

120B

Punishment of criminal conspiracy.

141

Unlawful assembly.

142

Being member of unlawful assembly.

143

Punishment for unlawful assembly.

144

Joining unlawful assembly armed with deadly weapon.

145

Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.

146

Rioting.

147

Punishment for rioting.

148

Rioting, armed with deadly weapon.

217

Public servant disobeying direction of law with intent to save person from punishment or property from

forfeiture.

319

Hurt.

708

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¨sÁUÀ 4

Section under the

Indian Penal Code

Name of offence and punishment.

320

Grevous hurt.

323

Punishment for voluntarily causing hurt.

324

Voluntarily causing hurt by dangerous weapons or means.

325

Punishment for voluntarily causing grievous hurt.

326B

Voluntarily throwing or attempting to throw acid.

332

Voluntarily causing hurt to deter public servant from his duty.

341

Punishment for wrongful restraint.

354

Assault or criminal force to woman with intent to outrage her modesty.

354A

Sexual harassment and punishment for sexual harassment.

354B

Assault or use of criminal force to woman with intent to disrobe.

354C

Voyeurism.

354D

Stalking.

359

Kidnapping.

363

Punishment for kidnapping.

365

Kidnapping or abducting with intent secretly and wrongfully to confine person.

376B

Sexual intercourse by husband upon his wife during separation.

376C

Sexual intercourse by a person in authority.

447

Punishment for criminal trespass.

506

Punishment for criminal intimidation.

509

Word, gesture or act intended to insult the modesty of a woman.".

.PRANAB MUKHERJEE,

President.

P.K. MALHOTRA,

Secy., to the Govt., of India.

P.R. 61

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 5^th March 2014/Phalguna 14, 1935 (Saka)

The following Act of Parliament received the assent of the President on the 4th March, 2014, and is hereby published for

general information:—

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709

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

(No.7 of 2014)

(4^th March 2014)

An Act to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. short title, extent commencement and provisions. (1) This Act may be called the Street Vendors (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 date as the Central Government may, by notification in the Official Gazette, appoint; and

different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be

construed in relation to any State as a reference to 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 controlled by the Railways under the

Railway Act, 1989. (24 of 1989)

2. Definitions. (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 Territory of 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 be accommodated in any vending zone and has

been determined as such by the local authority on the recommendations of the Town Vending Committee;

(c) “local authority” means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, or

the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of

2006) or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending

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 by moving from one place to

another place vending their goods and services;

(e) “natural market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of

products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(f) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly;

(g)“planning authority” means an Urban Development Authority or any other authority in any city 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 plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the

applicable Town and Country Planning Act or the Urban Development Act or the Municipal Act, as the case may 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 at a specific location;

(l) “street vendor” means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or

offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private

area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other

synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate

expressions, shall be construed accordingly;

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(m) “Town Vending Committee” means the body constituted by the appropriate Government under section 22;

(n) “vending zone” means an area or a place or a location designated as such by the local authority, on the recommendations of

the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement,

embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing

services to the general public.

(2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or

such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area.

CHAPTER II

REGULATION OF STREET VENDING

3. Survey of street vendors and protection from eviction or relocation. (1) The Town Vending Committee shall, within such

period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its

jursidiction, and subsequent survey shall be carried out at least once in every five years.

(2) The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommondated in

the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the

case may be, in accordance with the plan for street 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 under sub-section (1) has been

completed and the certificate of vending is issued to all street vendors.

4. Issue of certificate of vending. (1) Every street vendor, identified under the survey carried out under sub-section (1) of

section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be

issued a certificate of vending by the Town Vending Committee, subject to such terms and conditions and within the period specified in

the scheme including the 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 as licence 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 has been issued such certificate of vending.

(2) Where, in the intervening period between two surveys, any person seeks to vend, the Town Vending Committee may grant a

certificate of vending to such person, subject to the scheme, the plan for street 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 persons seeking to vend under sub-

section (2) are more than the holding capacity of the vending zone and exceeds the number of persons to be accommodated in that

vending zone, the Town Vending Committee shall carry out a draw of lots for issuing the certificate of vending for that vending zone and

the remaining persons shall be accommodated in any adjoining vending zone to avoid relocation.

5. Conditions for issue of certificate of vending. (1) Every street vendor shall give an undertaking to 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 the place specified

therein to any other person.

(2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of

his family member in following order of priority, may vend in his place, 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 matter shall be decided by the

committee under section 20.

6. Categories of certificate of vending and issue of identity cards. (1) The certificate of vending shall be issued under any

of the following categories, namely:—

(a) a stationary vendor;

(b) a mobile vendor; or

(c) any other category as may be specified in the scheme.

(2) The certificate of vending issued for the categories specified in sub-section (1) shall be in such form, and issued in such

manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities,

the days and timings for carrying on such vending activities and the conditions and restrictions subject to which he shall carry on such

vending activities.

(3) Every street vendor who has been issued certificate of vending under sub-section (1) shall be issued identity cards in such

form and manner as may be specified in the scheme.

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7. Criteria for issuing certificate of vending. The criteria to be followed by the Town Vending Committee for issuing certificate

of vending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the

Scheduled Castes, the Scheduled Tribes, Other Backward Classes, women, persons with disabilities, minorities or such other

categories as may be specified in the scheme.

8. Vending fees. Every street vendor who has been issued certificate of vending shall pay such vending fees as may be

specified in the scheme.

9. Validity and renewal of certificate of vending. (1) Every certificate of vending shall be valid for such period as may be

specified in the scheme.

(2) Every certificate of vending shall be renewable for such period, in such manner, and on payment of such fees, as may be

specified in the scheme.

10. Cancellation or suspension of certificate of vending. Where a street vendor who has been issued a certificate of vending

under this Act commits breach of any of the conditions thereof or any other terms and conditions specified for the purpose of regulating

street vending under this Act or any rules or schemes made thereunder, or where the Town Vending Committee is satisfied that such

certificate of vending has been secured by the street vendor through misrepresentation or fraud, the Town Vending Committee may,

without prejudice to any other fine which may have been incurred by the street vendor under this Act, cancel the certificate of vending or

suspend the same in such manner as may be specified in the scheme and for such period as it deems fit:

Provided that no such cancellation or suspension shall be made by the Town Vending Committee unless an opportunity of

hearing has been given to the street vendor.

11. Appeal from decision of Town Vending Committee. (1) Any person who is aggrieved by any decision of the Town

Vending Committee with respect to issue of certificate of vending under section 6 or cancellation or suspension of certificate of vending

under section 10 may prefer an appeal to the local authority in such form, within such period, and in such manner, as may be

prescribed.

(2) No appeal shall be disposed of by the local authority unless the appellant has been given an opportunity of hearing.

CHAPTER III

RIGHTS AND OBLIGATIONS OF STREET VENDORS

12. Rights of street vendor. (1) Every street vendor shall have the right to carry on the business of street vending activities in

accordance with the terms and conditions mentioned in the certificate of vending.

(2) Notwithstanding anything contained in sub-section (1), where any area or space, as the case may be, has been earmarked

as no-vending zone, no street vendor shall carry out any vending activities in that zone.

13. Right of street vendor for a new site or area on relocation. Every street vendor, who possesses a certificate of vending,

shall, in case of his relocation under section 18, be entitled for new site or area, as the case may be, for carrying out his vending

activities as may be determined by the local authority, in consultation with the Town Vending Committee.

14. Duty of street vendors. Where a street vendor occupies space on a time sharing basis, he shall remove his goods and

wares every day at the end of the time-sharing period allowed to him.

15. Maintenance of cleanliness and public hygiene. Every street vendor shall maintain cleanliness and public hygiene in the

vending zones and the adjoining areas.

16. Maintenance of civic amenities in vending zone in good condition. Every street vendor shall maintain civic amenities

and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the

same.

17. Payment of maintenance charges. Every street vendor shall pay such periodic maintenance charges for the civic

amenities and facilities provided in the vending zones as may be determined by the local authority.

CHAPTER IV

RELOCATION AND EVICTION OF STREET VENDORS

18. Relocation or eviction of street vendors. (1) The local authority may, on the recommendations of the Town Vending Committee,

declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such

manner as may be specified in the scheme.

(2) The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not

have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme.

(3) No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he

has been given thirty days’ notice for the same in such manner as may be specified in the scheme.

(4) A street vendor shall be relocated or evicted by the local authority physically in such manner as may be specified in the scheme only

after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice.

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(5) Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, after the expiry of the

period specified in the notice, shall be liable to pay for every day of such default, a penalty which may extend up to two hundred and fifty

rupees, as may be determined by the local authority, but shall not be more than the value of goods seized.

19. Seizure and reclaiming of goods. (1) If the street vendor fails to vacate the place specified in the certificate of vending,

after the lapse of the period specified in the notice given under sub-section (3) of section 18, the local authority, in addition to evicting

the street vendor under section 18, may, if it deems necessary, seize the goods of such street vendor in such manner as may be

specified in the scheme:

Provided that where any such seizure is carried out, a list of goods seized shall be prepared, as specified in the scheme, and

a copy thereof, duly signed by the person authorised to seize the goods, shall be issued to the street vendor.

(2) The street vendor whose goods have been seized under sub-section (1) may, reclaim his goods in such manner, and after

paying such fees, as may be specified in the scheme:

Provided that in case of non-perishable goods, the local authority shall release the goods within two working days of the claim

being made by the street vendor, and in case of perishable goods the local authority shall release the goods on the same day of the

claim being made by the street vendor.

CHAPTER V

DISPUTE REDRESSAL MECHANISM

20. Redressal of grievances or resolution of disputes of street vendors. (1) The appropriate Government may constitute

one or more committees consisting of a Chairperson who has been a civil judge or a judicial magistrate and two other professionals

having such experience as may be prescribed for the purpose of deciding the applications received under sub-section (2):

Provided that no employee of the appropriate Government or the local authority shall be appointed as members of the

committee.

(2) Every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under

sub-section (1) in such form and manner as may be prescribed.

(3) On receipt of grievance or dispute under sub-section (2), the committee referred to in sub-section (1) shall, after

verification and enquiry in such manner, as may be prescribed, take steps for redressal of such grievance or resolution of such dispute,

within such time and in such manner as may be prescribed.

(4) Any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form,

within such time and in such manner as may be prescribed.

(5) The local authority shall dispose of the appeal received under sub-section (4) within such time and in such manner as may

be prescribed:

Provided that the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved

person.

CHAPTER VI

PLAN FOR STREET VENDING

21. Plan for street vending. (1) Every local authority shall, in consultation with the planning authority and on the

recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors

covering the matters contained in the First Schedule.

(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval

and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.

CHAPTER VII

TOWN VENDING COMMITTEE

22. Town Vending Committee. (1) The appropriate Government may, by rules made in this behalf, provide for the term and

the manner of constituting a Town Vending Committee in each local authority:

Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town

Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.

(2) Each Town Vending Committee shall consist of:—

(a)

Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and

(b)

such number of other members as may be prescribed, to be norminated by the appropriate Government,

representing the local authority, medical officer of the local authority, the planning authority, traffic police, police,

association of street vendors, market associations, traders associations, non-governmental organisations,

community based organisations, resident welfare associations, banks and such other interests as it deems proper;

(c)

the number of members nominated to represent the non-governmental organisations and the community based

organisations shall not be less than ten percent.;

(d)

the number of members representing the street vendors shall not be less than forty per cent. who shall be elected

by the street vendors themselves in such manner as may be prescribed:

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Provided that one-third of members representing the street vendors shall be from amongst women vendors:

Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward

Classes, minorities and persons with disabilities from amongst the members representing street vendors.

(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances as may be prescribed

by the appropriate Government.

23. Meetings of Town Vending Committee. (1) The Town Vending Committee shall meet at such times and places within

the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings,

and discharge such functions, as may be prescribed.

(2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision.

24. Temporary association of persons with Town Vending Committee for particular purposes. (1) The Town Vending

Committee may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or

advice it may desire, in carrying out any of the provisions of this Act.

(2) A person associated under sub-section (1) shall be paid such allowances as may be prescribed.

25. Office space and other employees for Town Vending Committee. The local authority shall provide the Town Vending

Committee with appropriate office space and such employees as may be prescribed.

26. Publication of street vendor’s charter and data-base and carrying out of social audit. (1) Every Town Vending

Committee shall publish the street vendor's charter specifying therein the time within which the certificate of vending shall be issued to a

street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time

limit specified therein.

(2) Every Town Vending Committee shall maintain up to date records of registered street vendors and street vendors to whom

certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him,

category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be

prescribed.

(3) Every Town Vending Committee shall carry out social audit of its activities under the Act or the rules or the schemes made

thereunder in such form and manner as may be specified in the scheme.

CHAPTER VIII

PREVENTION OF HARASSMENT OF STREET VENDORS

27. Prevention of harassment by police and other authorities. Notwithstanding anything contained in any other law for the

time being in force, no street vendor who carries on the street vending activities in accordance with the terms and conditions of his

certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers

under any other law for the time being in force.

CHAPTER IX

PENAL PROVISIONS

28. Penalty for contraventions. If any street vendor—

(a) indulges in vending activities without a certificate of vending;

(b) contravenes the terms of certificate of vending; or

(c) contravenes any other terms and conditions specified for the purpose of regulating street vending under this Act or

any rules or schemes made thereunder,

he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local

authority.

CHAPTER X

MISCELLANEOUS

29. Provisions of this Act, not to be construed as conferring ownership rights, etc. (1) Nothing contained in this Act

shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in

the vending zones allotted to him or in respect of any place on which he carries on such vending activity.

(2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a temporary leasehold or ownership right has

been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity

in accordance with the provisions of any law for the time being in force for carrying out such vending activity.

30. Returns. Every Town Vending Committee shall furnish, from time to time, to the appropriate Government and the local

authority such returns as may be prescribed.

31. Promotional measures. The appropriate Government may, in consultation with the Town Vending Committee, local

authority, planning authority and street vendors associations or unions, undertake promotional measures of making available credit,

insurance and other welfare schemes of social security for the street vendors.

32. Research, training and awareness. The appropriate Government may, to the extent of availability of financial and other

resources,—

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(a)

organise capacity building programmes to enable the street vendors to exercise the rights contemplated under

this Act;

(b)

undertake research, education and training programmes to advance knowledge and understanding of the role of

the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among

the public through Town Vending Committee.

33. Act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therein

contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

34. Powers to delegate. The appropriate Government may, by general or special order in writing, delegate such of its powers

and functions under this Act (excluding the power to frame scheme under section 38 and power to make rules under section 36), as it

may deem necessary, to the local authority or the Town Vending Committee or any other officer, subject to such conditions, if any, as

may be specified in that order.

35. 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.

36. 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.

37. Power to make byelaws. Subject to the provisions of this Act or any rule or scheme made thereunder, the local authority

may make bye-laws to provide for all or any of the following matters, namely:—

(a)

the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated

vending zones;

(b)

determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section

17;

(c)

determination of penalty under sub-section (5) of section 18 and section 28;

¨sÁUÀ 4

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715

(d)

the regulation of the collection of taxes and fees in the vending zones;

(e)

the regulation of traffic in the vending zones;

(f)

the regulation of the quality of products and services provided to the public in vending zones and maintenance of

public health, hygiene and safety standards;

(g)

the regulation of civic services in the vending zones; and

(h)

the regulation of such other matters in the vending zones as may be necessary.

38. Scheme for street vendors. (1) For the purposes of this Act, the appropriate Government shall frame a scheme, within six

months from the date of commencement of this Act, after due consultations with the local authority and the Town Vending

Committee, by notification, which may specify all or any of the matters provided in the Second Schedule.

(2) A summary of the scheme notified by the appropriate Government under subsection (1) shall be published by the local

authority in at least two local news papers in such manner as may be prescribed.

39. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government

may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear

to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after expiry of three years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

THE FIRST SCHEDULE

(See section 21)

PLAN FOR STREET VENDING

(1) The plan for street vending shall,—

(a)

ensure that all existing street vendors identified in the survey, subject to a norm conforming to two and half per cent.

of the population of the ward, zone, town or city, as the case may be, are accommodated in the plan for street

vending;

(b)

ensure the right of commuters to move freely and use the roads without any impediment;

(c)

ensure that the provision of space or area for street vending is reasonable and consistent with existing natural

markets;

(d)

take into account the civic facilities for appropriate use of identified spaces or areas as vending zones;

(e)

promote convenient, efficient and cost effective distribution of goods and provision of services;

(f)

such other matters as may be specified in the scheme to give effect to the plan for street vending.

(2) The plan for street vending shall contain all of the following matters, namely:—

(a)

determination of spatial planning norms for street vending;

(b)

earmarking of space or area for vending zones;

(c)

determination of vending zones as restriction-free-vending zones, restrictedvending zones and no-vending zones;

(d)

making of spatial plans conducive and adequate for the prevalent number of street vendors in that city or town and

also for the future growth, by adopting such norms as may be necessary;

(e)

consequential changes needed in the existing master plan, development plan, zonal plan, layout plan and any other

plan for accommodating street vendors in the designated vending zones.

(3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles,

namely:—

(a)

any existing market, or a natural market as identified under the survey shall not be declared as a no-vending zone;

(b)

declaration of no-vending zone shall be done in a manner which displaces the minimum percentage of street vendors;

(c)

overcrowding of any place shall not be a basis for declaring any area as a no-vending zone provided that restrictions

may be placed on issuing certificate of vending in such areas to persons not identified as street vendors in the survey;

(d)

sanitary concerns shall not be the basis for declaring any area as a no-vending zone unless such concerns can be

solely attributed to street vendors and cannot be resolved through appropriate civic action by the local authority;

(e)

till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone

shall be declared as a no-vending zone.

THE SECOND SCHEDULE

(See section 38)

Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:—

(a)

the manner of conducting survey;

(b)

the period within which certificate of vending shall be issued to the street vendors identified under the survey;

(c)

the terms and conditions subject to which certificate of vending may be issued to a street vendor including to those

persons who wish to carry on street vending during the intervening period of two surveys;

716

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¨sÁUÀ 4

(d)

the form and the manner in which the certificate of vending may be issued to a street vendor;

(e)

the form and manner of issuing identity cards to street vendors;

(f)

the criteria for issuing certificate of vending to street vendors;

(g)

the vending fees to be paid on the basis of category of street vending, which may be different for different cities;

(h)

the manner of collecting, through banks, counters of local authority and counters of Town Vending Committee,

vending fees, maintenance charges and penalties for registration, use of parking space for mobile stalls and availing

of civic services;

(i)

the period of validity of certificate of vending;

(j)

the period for which and the manner in which a certificate of vending may be renewed and the fees for such renewal;

(k)

the manner in which the certificate of vending may be suspended or cancelled;

(l)

the categories of street vendors other than stationery vendors and mobile vendors;

(m) the other categories of persons for preference for issue of certificate of vending;

(n)

the public purpose for which a street vendor may be relocated and the manner of relocating street vendor;

(o)

the manner of evicting a street vendor;

(p)

the manner of giving notice for eviction of a street vendor;

(q)

the manner of evicting a street vendor physically on failure to evict;

(r)

the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized;

(s)

the manner of reclaiming seized goods by the street vendor and the fees for the same;

(t)

the form and the manner for carrying out social audit of the activities of Town Vending Committee;

(u)

the conditions under which private places may be designated as restrictionfree- vending zones, restricted-vending

zones and no-vending zones;

(v)

the terms and conditions for street vending including norms to be observed for up keeping public health and hygiene;

(w) the designation of State Nodal Officer for co-ordination of all matters relating to street vending at the state level;

(x)

the manner of maintenance of proper records and other documents by the Town Vending Committee, local authority,

planning authority and State Nodal Officer in respect of street vendors;

(y)

the manner of carrying out vending activities on time-sharing basis;

(z)

the principles for determination of vending zones as restriction-free-vending zones, restricted-vending zones and no-

vending zones;

(za) the principles for determining holding capacity of vending zones and the manner of undertaking comprehensive

census and survey;

(zb) principles of relocation subject to the following:—

(i)

relocation should be avoided as far as possible, unless there is clear and urgent need for the land in question;

(ii)

affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project;

(iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore

them, in real terms to pre-evicted levels;

(iv) livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors

so that they can make use of the livelihood opportunities created by the new infrastructure;

(v)

loss of assets shall be avoided and in case of any loss, it shall be compensated;

(vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any

relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;

(vii) state mechinery shall take comprehensive measures to check and control the practice of forced evictions;

(viii) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage

markets, and the street vendors in such markets shall not be relocated;

(zc) any other matter which may be included in the scheme for carrying out the purposes of this Act.

P.K. MALHOTRA,

Secy. to the Govt. of India.

P.R. 59

SC - 20

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717

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C¢ü¸ÀÆZÀ£É

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2013£Éà ¸Á°£À 27-11-2013£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3(ii) gÀ°è ¥ÀæPÀlªÁzÀ

F PɼÀPÀAqÀ SO 3494 (E) ¢£ÁAPÀ 27-11-2013 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

CORRIGENDUM

New Delhi, the 27^th November, 2013

S.O. 3494(E).- In exercise of the powers conferred by clause (a) of Section 3 of the National Highways Act.

1956 (48 of 1956), the Central Government hereby makes the following amendments in the notification of the Government of India in

the

then

Ministry

of

Surface

Transport

(Department

of

Road

Transport

and

Highways),

number

S.O.

464(E),

dated 26.05.1998, published in the Gazette of lndia, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 26.05.1998,

and further amendments bearing the number S.O. 235 (E). dated 26-02-2003. No. S.O. 942.(E)) dated 19-08-2003 and S.O.

1365 (E), dated 10-06-2010 to the same notification namely:-

(I) In the Schedule to the said Notification,--

(i)

In the said notifications the word "Chikkamahalli" shall be substituted with "Chikkahalli", the word "Marehalli'' shall be

substituted with "Marohalli", the word "Chikkanahalli" shall be substituted with "Chokkonahalli''

(ii)

In Columns 1 to 5 the following entries shall be inserted respectively :-

S. No.

Name of the Village

Area in Acres and

Guntas

Name of the Taluk

Name of the District

1

2

3

4

5

2A

15A

18A

27A

30A

Virananjipura

K. G. Srinivasapura

Kasabanijagal

Baddihalli

Belagumba

--

--

--

--

--

Nelamangala

Nelamangala

Nelamangala

Tumkur

Tumkur

Bangalore Rural

Bangalore Rural

Bangalore Rural

Tumkur

Tumkur

[F.No. NHAI/XXXX/LA/Notifi.3a/PIU-CTA/2012-13]

MAYA PRAKASH,

Dy. Secy.

Foot Note:- The principal notification was published vide S. O. 464 (E), dated 26-5-1998 in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (ii), dated the 26-5-1998 and further, amendment bearing the

number S.O. 235(E), dated 26-2-2003 and S.O. 942 (E), dated 19-8-2003 in the Gazette of India,

Extraordinary, Part Il, Section 3, Sub-section (ii) dated the 26-2-2013 and 19-8-2003 and No. S.O. 1365(E)

dated 10-6-2010.

P.R. 74

SC - 20

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C¢ü¸ÀÆZÀ£É

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2013£Éà ¸Á°£À 27-11-2013£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3(ii) gÀ°è ¥ÀæPÀlªÁzÀ

F PɼÀPÀAqÀ SO 3515 (E) ¢£ÁAPÀ 27-11-2013 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

718

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¨sÁUÀ 4

MINISTRY OF WATER RESOURCES

NOTIFICATION

New Delhi, the 27^th November, 2013

S.O. 3515(E).- Whereas, the Krishna Water Disputes Tribunal (hereinafter referred to as the said Tribunal) was constituted on

the 2nd April, 2004 vide notification number S.O. 451(E), dated the 2nd April, 2004, under Section 4 of the Inter-State River Water

Disputes Act, 1956 (33 of 1956) (hereinafter referred to as the said Act) for the adjudication of the water disputes regarding Inter-State

river Krishna and river valley thereof;

And whereas, the said Tribunal has submitted its report and decision under sub-section (2) of Section 5 of the said Act on the

30th December, 2010.

And whereas, the Central Government and the Party States of Andhra Pradesh, Karnataka and Maharashtra have preferred

their respective references, to the said Tribunal under sub-section (3) of Section 5 of the said Act on 29^th March 2011;

And whereas, the said Tribunal was required to forward to the Central Government a further report under sub- section (3) of

Section 5 of the said Act on or before one year from 29th March, 2011;

And

whereas,

on

the

request

of

the

said

Tribunal,

the

period

of

submission

of

further

report

under

sub-section (3) of Section 5 of the said Act was extended from time to time vide notifications number S.D. 653(E), dated

the 29th March, 2012, S.O. 2339(E), dated the 28th September, 2012, S.O. 916(E), dated the 2nd April, 2013 and

S.O. 2939(E), dated the 27th September, 2013 up to the 30th November, 2013:

And whereas, under sub-section (3) of Section 5 of the said Act, the Central Government has power to extend

the period of submission of further report for such further period as it considers necessary;

Now, therefore, in exercise of the powers conferred by the proviso to sub-section (3) of Section 5 of the said

Act, the Central Government hereby extends the period of submission of further report by the said Tribunal for a further

period upto 31^st January, 2014.

[F.N. 17/1/2007-BM]

URVILLA KHATI,

Jy. Secy. (PP)

P.R. 75

SC - 20

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F PɼÀPÀAqÀ SO 3403 (E) ¢£ÁAPÀ 19-08-2013 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES

(Department of Heavy Industry)

(AEI SECTION)

ORDER

New Delhi, the 19^th August, 2013

S.O. 3403(E).- In exercise of the powers conferred by Section 6 of the Industries (Development & Regulation) Act, 1951 (65 of

1951) read with rules 2, 3, 4, & 5 of the Development Council (Procedural) Rules 1952 the Central Government hereby appoints, for a

period of two years from the date of publication of this order in the Office Gazette, the following persons to be Members of the

Development Council for Automobiles and Allied Industries (DCAAI) namely :-

¨sÁUÀ 4

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719

A.

Persons having special knowledge of matter relating to the technical or other aspects of the Scheduled Industries.

1.

Secretary to the Govt. of India

Chairman

Department of Heavy Industry

Ministry of Heavy Industry & Public Enterprises

2.

Secretary,

Member

Department of Commerce, Udyog Bhavan, New Delhi.

3.

Secretary,

Member

Ministry of Road Transport & Highways,

Transport Bhavan, New Delhi.

4.

Secretary,

Member

Ministry of Petroleum & Natural Gas, Shastri Bhavan, New Delhi.

5.

Secretary,

Member

Department of Revenue, Ministry of Finance, North Block

6.

Secretary,

Member

Planning Commission, Yozana Bhavan, New Delhi

7.

Shri S.R. Marathe, Director,

Member

Automotive Research Association of India,

102, Vetal Hill, Off. Paud Road, Kothrud, Pune-411 004, Maharashtra.

B. Persons capable of representing the interests of owners of Industrial Undertaking in the Scheduled Industry

8.

President,

Member

Society of Indian Automobile Manufacturers,

Core 4-B, Zone-IV, 5th Floor

India Habitat Centre, Lodhi Road, New Delhi-3

9.

President

Member

Automotive Component Manufacturers Association,

Capital Court, 6th Floor, Olof Palme Marg, Munirka, New Delhi -67.

10.

President,

Member

Tractor Manufacturers Association,

23-26, Institutional Area, Lodhi Road, New Delhi.

11.

Shri Cyrus P. Mistry,

Member Chairman, Tata

Motors Limited, Bombay House, 24, Homi Mody Street,

Hutatma Chowk, Mumbai - 400 001.

12.

Shri R. Sheshashayee,

Member

MD, Ashok Leyland,

19, Rajaji Salai, Chennai-600001

13.

Shri Pawan Munjal,

Member

Managing Director & CEO

Hero Moto Corp. Ltd., 34, Community Centre, Basant Lok,

Vasant Vihar, New Delhi.

14.

Shri Rajiv Bajaj,

Member

Managing Director and CEO, Bajaj Auto Ltd., Akurdi, Pune-411035

15.

Shri Venu Srinivasan,

Member

Chairman & Managing Director,

TVS Motors/TVS Group, Jayalakshmi Estate, V Floor, 8,

Haddows Road, Chennai-600 006

16.

Shri R. C. Bhargava,

Member

Chairman, M/s Maruti Suzuki India Ltd.

11^th Floor, Jeevan Prakash Building 25, KG Marg, New Delhi- 110001

17.

Shri Vikram Kirloskar,

Member

Vice Chairman, M/s Toyota Kirloskar Motor Pvt. Ltd.,

C/o. Kirloskar Systems Ltd.,

Embassy Star, 8, Palace Road, Vasanthnagar, Bangalore-560 052

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¨sÁUÀ 4

18.

Sh. Lowell Paddock,

Member

President & Managing Director,

M/s. General Motors India Pvt. Ltd.,

6th Floor, Tower A, Global Business Park, Mehrauli Gurgeon Road, Gurgeon-122002.

19.

Shri Baba N. Kalyani,

Member

Chairman & Managing Director, Bharat Forge Ltd.,

20.

Shri Pawan Goenka,

Member

President (Auto Sector),

Mahindra & Mahindra Ltd., Gateway Building, Appollo Bunder, Mumbai - 400 001.

21.

Shri Bijon Nag, Chairman,

Member

IFB Automotive Pvt. Ltd.,

Plot No. IND, Sector-1, East Kolkatta Township, Kolkata-400 018.

22.

Shri Raghu Modi,

Member

Chairman, Hindustan Composites Ltd., 79, Dr. Annie Besant Road, Worli, Mumbai-400018.

C. Persons capable of representing the Interests of persons employed in Industrial Undertakings in the

Scheduled Industry or group of Scheduled Industry.

23.

Shri V. K. Jairath,

Member

Ex-Secretary, Government of Maharashtra,

194.-B, Kalpataru Horizon, S.K. Ahire Marg, Worli, Mumbai-400 018.

D. Persons not belonging to any of the aforesaid categories, who are capable of representing the interest of

consumers of goods manufactured or produced by the scheduled industry.

24.

Secretary,

Member

National Manufacturing Competitiveness Council,

Vigyan Bhavan Annexe, New Delhi.

Member Secretary

25.

Joint Secretary (in-charge of automobiles), Department of Heavy Industry, Udyog Bhavan, New Delhi shall be Member

Secretary to the Development Council on Automobile and Allied Industry.

26.

In pursuance of clause (c) of rule 2 of the Development Council (Procedural) Rules, 1952, the Central Government hereby

appoints the Joint Secretary, in charge of Auto Sector, Department of Heavy Industry, Ministry of Heavy Industries & Public

Enterprises, New Delhi to carry on the functions of the Secretary to the said Development Council

[F.No. 7(6)/2007-AEI]

AMBUJ SHARMA,

Jy. Secy.

P.R. 76

SC - 20

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2014-16

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