Section 34 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
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.
Summary
- The appropriate Government can delegate its powers and functions under this Act to other bodies.
- This delegation of power must be done in writing through a general or special order.
- The government cannot delegate its power to frame vending schemes under Section 38.
- The government is also barred from delegating its power to make rules under Section 36.
- The powers can be delegated to a local authority, the Town Vending Committee, or any other officer.
- The delegation can be made subject to specific conditions written in the government's order.
Practical examples
FAQ
1. Who has the authority to delegate powers under Section 34 of the Street Vendors Act, 2014?
The appropriate Government has the power to delegate its authorities and functions under Section 34 of the Street Vendors Act, 2014.
2. Can the appropriate Government delegate its power to make rules under the Street Vendors Act, 2014?
No, Section 34 of the Street Vendors Act, 2014 explicitly prohibits the delegation of the power to make rules under Section 36.
3. To whom can powers be delegated under Section 34 of the Street Vendors Act, 2014?
Under Section 34 of the Street Vendors Act, 2014, powers can be delegated to the local authority, the Town Vending Committee, or any other officer.
4. How must a delegation of power be made under Section 34 of the Street Vendors Act, 2014?
According to Section 34 of the Street Vendors Act, 2014, the delegation must be made in writing through a general or special order.
5. Can the power to frame schemes under Section 38 be delegated to a local authority under Section 34 of the Street Vendors Act, 2014?
No, Section 34 of the Street Vendors Act, 2014 explicitly excludes the power to frame a scheme under Section 38 from being delegated.
Test yourself
Q1.Under Section 34 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which of the following powers is the appropriate Government strictly forbidden from delegating?
Q2.When delegating powers under Section 34 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, in what form must the appropriate Government issue its order?
Q3.Under Section 34 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which of the following entities can the appropriate Government delegate its allowable powers and functions to?
Q4.If the appropriate Government wishes to delegate its administrative duties under Section 34 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the legal status of the power to make rules under Section 36?