Home India Ministry of Home Affairs In pursuance of clause 1 of article 239 of the Constitution ...
Date: 2021-09-27 Category: Extra Ordinary State: Union Government Country: India

In pursuance of clause 1 of article 239 of the Constitution the President hereby directs

Issued by Ministry of Home Affairs · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Extension of Street Vendors Act to Ladakh **1. Executive Summary:** This report analyzes a notification from the Ministry of Home Affairs, dated September 27, 2021, regarding the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The notification directs the Lieutenant Governor of the Union Territory of Ladakh to exercise the powers and discharge the functions of the Appropriate Government under the Act, subject to the control of the President. This effectively extends the Act's provisions to Ladakh, aiming to protect street vendors' livelihoods and regulate street vending activities within the Union Territory. The key finding is the clear delegation of authority to the Lieutenant Governor for implementing the Act. **2. Introduction:** The purpose of this report is to provide an informative analysis of a notification concerning the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The analysis is based solely on the provided government policy text. **3. Policy Overview:** * This is a new policy application to a specific territory, not an amendment to the original Act. * **Core Objective(s) (inferred):** Based on the title of the Act referenced in the notification, the objectives include: * Protection of the livelihoods of street vendors. * Regulation of street vending activities. **4. Background and Rationale:** * **Likely Problem/Issue Addressed:** The notification suggests that previously the Street Vendors Act was not directly applicable in the Union Territory of Ladakh. The extension of the Act to Ladakh likely aims to address the lack of a formal framework for protecting street vendors and regulating their activities in the region. It implies a need for a legal structure to govern street vending within Ladakh, ensuring fair practices and protecting vulnerable livelihoods. **5. Key Provisions / Changes:** * The primary provision is the delegation of authority to the Lieutenant Governor of Ladakh. Specifically, the notification states that the Lieutenant Governor will: * Exercise the powers of the "Appropriate Government" under the Street Vendors Act. * Discharge the functions of the "Appropriate Government" under the Street Vendors Act. * This delegation is subject to the control of the President of India. * This delegation is valid until further orders. * The notification effectively *extends* the Street Vendors Act, 2014 to the Union Territory of Ladakh. Prior to this notification, the applicability of the Act to this region was either absent or unclear. **6. Target Audience and Stakeholders:** * **Directly Affected:** * Street vendors operating within the Union Territory of Ladakh. * The Lieutenant Governor of the Union Territory of Ladakh. * Residents and businesses within the Union Territory of Ladakh, who may be affected by the regulation of street vending. * **Indirectly Affected:** * The Ministry of Home Affairs. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** * The Lieutenant Governor of Ladakh is the primary responsible body. * The President of India retains ultimate control. * **Timelines/Procedures:** The notification is effective immediately upon publication (September 27, 2021). The Lieutenant Governor is expected to begin exercising the powers and discharging the functions as defined by the Street Vendors Act, 2014. No other specific timelines or procedures are detailed within the notification itself. * The implementation will be governed by the provisions outlined in the Street Vendors Act, 2014. **8. Expected Outcomes / Impact of Changes:** * The likely intended outcomes are: * Formalization and regulation of street vending activities in Ladakh. * Legal protection of the livelihoods of street vendors operating within Ladakh. * Improved organization and management of public spaces within Ladakh. * Potential for economic empowerment of street vendors through formal recognition and access to resources. * Clarity of governance regarding street vending activities within the region. **9. Conclusion:** The Ministry of Home Affairs notification extending the Street Vendors Act, 2014 to the Union Territory of Ladakh represents a significant step toward formalizing and regulating street vending activities in the region. By delegating authority to the Lieutenant Governor, the notification establishes a clear framework for implementing the Act's provisions and protecting the livelihoods of street vendors. This policy change will have a far reaching impact on the street vendor community, governance and the local economy in the Union Territory of Ladakh.

Key Entities Referenced

Constitution: The Constitution of India, referenced in the context of Article 239. President: The President of India, who issues the directive. Lieutenant Governor of the Union territory of Ladakh: The individual designated to exercise powers and functions under the Street Vendors Act. Ladakh: Union territory in India where the Street Vendors Act will be implemented by the Lieutenant Governor. Street Vendors Protection of Livelihood and Regulation of Street Vending Act, 2014: The specific Act, also referred to as the Street Vendors Act, whose powers and functions are delegated to the Lieutenant Governor of Ladakh. MANISH TIWARI: Jt. Secy. (Joint Secretary) - the government official who signed the notification. Ministry of Home Affairs: The ministry that issued the notification.
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रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E2x7xx0 92021-229979 CG-DL-E-27092021-229979 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 3657] नई ददल्ली, सोमिार, जसतम्ब र 27, 2021/आज‍ि न 5, 1943 No. 3657] NEW DELHI, MONDAY, SEPTEMBER 27, 2021/ASVINA 5, 1943 गहृ मत्रं ालय अजधसचू ना नई ददल्ली, 27 जसतम्ब र, 2021 का.आ. 3991(अ).—संजिधान के अनच्ु छेद 239 के खण्ड (1) के अतं गगत राष्ट्रपजत एतद्द्वारा जनदेि देते ह ैं दक संघ राज्य क्षत्रे लद्दाख के उप-राज्यपाल, राष्ट्रपजत के जनयंत्रण के अध्यधीन और अगले आदिे ों तक, उक्त संघ राज्य क्षत्रे के भीतर, पथ जिक्रेता (जीजिका संरक्षण और पथ जिक्रय जिजनयमन) अजधजनयम, 2014 (2014 का 7) के अधीन उपयुक् त सरकार की िजक्तयों का प्रयोग एिं कायों का जनिगहन करेंगे। [फा. सं. 12015/78/2021-एल] मनीष जतिारी, संयुक्त सजचि MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 27th September, 2021 S.O. 3991(E).—In pursuance of clause (1) of article 239 of the Constitution, the President hereby directs that the Lieutenant Governor of the Union territory of Ladakh shall, subject to the control of the President and until further orders, exercise the powers and discharge the functions of the Appropriate Government under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014) within the said Union territory. [F. No. 12015/78/2021-L] MANISH TIWARI, Jt. Secy. 5462 GI/2021 Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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