Section 35 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
- (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.
Summary
- The Central Government has the power to amend the Schedules of this Act.
- This power can be exercised based on recommendations from the appropriate Government or otherwise.
- The amendments to the Schedules must be made by publishing an official notification.
- Once the notification is published, the First Schedule or the Second Schedule is deemed to be amended.
- A copy of every amendment notification must be laid before each House of Parliament as soon as possible after it is issued.
Practical examples
FAQ
1. Who has the power to amend the Schedules under Section 35 of the Street Vendors Act, 2014?
Only the Central Government has the power to amend the Schedules under Section 35 of the Street Vendors Act, 2014.
2. Can a state government amend the First or Second Schedule under Section 35 of the Street Vendors Act, 2014?
No, under Section 35 of the Street Vendors Act, 2014, state governments can only make recommendations, while the actual power to amend the Schedules belongs solely to the Central Government.
3. What must the Central Government do after amending a Schedule under Section 35 of the Street Vendors Act, 2014?
Under Section 35 of the Street Vendors Act, 2014, the Central Government must lay a copy of the amendment notification before each House of Parliament as soon as possible after it is issued.
4. How does an amendment to the Schedules take legal effect under Section 35 of the Street Vendors Act, 2014?
Under Section 35 of the Street Vendors Act, 2014, the amendment takes effect once the Central Government issues and publishes a notification in the Official Gazette.
Test yourself
Q1.Under Section 35 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, who possesses the ultimate legal authority to amend the First or Second Schedule?
Q2.Under Section 35 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the legislative requirement after the Central Government issues an amendment notification?
Q3.On whose recommendation can the Central Government act to amend the Schedules under Section 35 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Q4.Under Section 35 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, how is an amendment to the First or Second Schedule legally declared?