Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Bihar - Section

Section 2 in Bihar Street Vendors (Protection of livelihood and regulation of Street Vending) Schemes 2017

2. Definitions.

(1)In this Scheme, unless the context otherwise requires:-
(a)"Act" means the Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014( Central Act 7 of 2014);
(b)"appropriate Government" means the Government of Bihar;
(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 [or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending in that city or town;
(d)"notification" means a notification published in the Official Gazette and the term "notify" shall be constructed accordingly;
(e)"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 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 term which may be local or region specific; and the words "street vending" with their grammatical variations and cognate expressions, shall be constructed accordingly;
(f)"stationary vendors" means street vendors who carry out vending Activities on regular basis at a specific location;
(g)"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;
(h)"festive market" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during festival season of the city or town and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
(i)"heritage market" means a market which has completed more than fifty years in one place 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;
(j)"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;
(k)"niche market" means a market where sellers and buyers have traditionally congregated for the sale and purchase of niche products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
(l)"night bazaar" means a bazaar where sellers and buyers have traditionally congregated for the sale and purchase of products or services after evening i.e. during night and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
(m)"seasonal market" means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during specific seasons and has been determined as such by the local authority on the recommendations of the Town Vending Committee;
(n)"weekly market" means a market where sellers and buyers have weekly 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;
(o)"Town Vending Committee" means the body constituted by the appropriate Government under Section 22 of the Act;
(p)"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 the 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.
(q)"Plan" means the Plan made under First Schedule of Section 22 of the Act;
(r)"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 under the Town and Country Planning Act or the Urban Development Act or the Municipal Act, which is legally enforceable for the time being as the case may be;
(s)"public purpose" includes in the context of the Act(i) widening of roads, streets, lanes;(ii) shifting the alignment of roads, streets, lanes;(iii) erecting flyovers with or without clover leaves and slip down roads; (iv) erecting underpasses; (v) development of land owned by public authorities for some public projects; (vi)laying of water, or sewer pipe lines;(vii) erecting intermediate pumping stations for the services; (viii) any project related with public transport like BRTS, Metro, etc.; (ix) erection of Economically Weaker Section(EWS) Housing; (x) Creation Parks, Gardens and Recreational Area; (xi) Conservation of any eco system resource in that area and (xii) Any other development work taken by the local authority, the beneficiary of which will be the community at large.
(t)"Scheme" means the Scheme made under Second Schedule of section 38 of the Act;
(u)"Section" means section of the Act;
(v)"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;
(w)"Grievance Redressal Committee" means a committee constituted by the Government of Bihar under sub- section (1) of section 20 of the Act;
(2)Words and expressions defined in the Act and used but not defined in this scheme shall have the same meaning as respectively assigned to them in the Act.Chapter -II Manner of Conducting Survey