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BIHAR STATE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF TRADE) ACT, 2012
BIHAR STATE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF TRADE) ACT, 2012
[Bihar Act 25, 2012]
Preamble. –
To provide for protection of livelihood of urban street vendors and to regulate trade and services provided by street vendors to the public and for matters connected therewith or incidental thereto.
WHEREAS clauses (a) and (b) of Articles 39 of the Constitution of India stipulates that State shall, in particular, direct its policy so that,-
(a) The citizens, men and women equally, have the right to an adequate means of livelihood;
(b) The ownership and control of the material resources of the community are so distributed as best to sub serve the common good;
AND WHEREAS the state of Bihar has more than 41 percent of its population living below poverty line and it is not a possible to provide employment opportunities to all of them in public sector making it imperative for them to find ways and means to earn their livelihood lawfully;
AND WHEREAS urban poor are unable to find suitable place for carrying out their trade, business or calling at an affordable price or rent in urban areas and consequently, out of socio-economic considerations, forced to take up street vending to earn their living;
AND WHEREAS urban street vendors form an important segment of the workforce in the unorganized sector and considerably add to the comfort of the general public by making available ordinary articles of everyday use at affordable prices and at convenient locations, nevertheless they live in constant insecurity of losing their livelihood due to the absence of state-sponsored initiatives;
AND WHEREAS the street vendors trade or business does conflict with the right of other citizens and requires regulation on certain principles so as to ensure free flow of traffic, smooth movement of pedestrians, maintenance of cleanliness and hygiene in public places; and protect the interest of street vendors to earn their modest living;
NOW THEREFORE, it is considered expedient to give due recognition to the vital role played by the street vendors in the urban economy, legalize their status, promote a supportive environment for their activities and protect their livelihoods, without seriously conflicting with the rights of citizens by regulating street vending to ensure that roads and street do not get encroached upon and congested and condition of cleanliness and hygiene is maintained on streets and other public places;
Be it enacted by the Legislature of the State of Bihar, in the sixty third Year of the Republic of India as follows:-
CHAPTER - I
PRELIMINARY
1. Short title, Extent and Commencement. –
(1) This Act may be called the Bihar State Street Vendors (Protection of livelihood and Regulation of Trade) Act, 2012.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date as the State Government may, by notification in the official gazette, appoint and different dates may be appointed for different areas of the State.
2. Definitions.-
(1) In this Act, unless otherwise required in the context-
(a) “Government” means the State government;
(b) “Holding capacity” means the maximum number of streets vendors who can be accommodated in any defined location, area or vending zone;
(c) “Municipality” means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, and includes such other body legally 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, by whatever name called which regulates the land use in that city or town;
(d) “Notification” means a notification published in the Official Gazette;
(e) “No-vending zone” means an area or place or a location or a street or road designated as such by the Municipality or a planning authority where vending activities shall be prohibited;
(f) “Planning Authority” means an Urban Development Authority or any other authority in any city or town,by whatever name called, designated by the 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 Regional and Town Planning Act or the Urban Development Act or the Municipal Act;
(g) “Prescribed” means prescribed by rules made under this Act by the Government;
(h) “Scheme” means a scheme framed by the Government under section 3;
(i) “Specified” means as specified by the scheme;
(j) “State Nodal Officer” means an officer designated by the State Government to coordinate all matters relating to street vending in the State;
(k) “District Nodal Officer” means an officer designated by the District magistrate to coordinate all matters relating to street vending in the District;
(l) “Street Vendor” means a person engaged in vending of articles, good, 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 or 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 regionspecific; and the words ‘street vending” with their grammatical variations accordingly;
(m) “Mobile Vendor” means a person who sells goods or offers services, moving from place to place carrying wares on push cart or in bicycle or scooter or any other light motorized vehicle of less than 800 cc engine power or carrying basket on head, or in bags or contraption attached to own body, or may sell wares in moving buses, trains, house to house carrying goods on a cart or on own body for regular or casual customers;
(n) “Town Vending Committee” means the body constituted by the Government under section 4;
(o) “Vending Zone” means an area or place or a location designated as such by the Municipality in consultation, with the planning authority, in case there be one, 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, and shall include restricted vending zone.
(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, in force in that area.
CHAPTER II
SCHEME FOR STREET VENDING
3. Scheme for Street Vendors.-
(1) For the purposes of this Act, the Government shall frame, by notification, a scheme which may specify all or any of the following matters, namely:
(a) The norms of spatial planning to be adopted by the planning authority for earmarking vending zones or adequate space for street vendors in the master plan, development plan, zonal plan, layout plan or any other spatial plan;
(b) The principle for determination of vending zones as restriction-free vending zone, restricted- vending zones and non-vending zones, street and other public places;
(c) The condition under which private places may be designated as vending zones by the Municipality;
(d) The principle for determining holding capacity of vending zones and the manner of undertaking comprehensive digitalized photo census and survey of the existing number of street vendors within the holding capacity of the vending zones;
(e) The form and manner of grant, renewal, suspension or cancellation of a registration certificate for, and issue of identity card to, the street vendors;
(f) The manner of levy and collection of fees for the grant and renewal of a registration certificate and fines for contravention of the terms and conditions of registration and other provisions of this Act;
(g) The form and manner of filing appeals to, and procedure for disposal of appeals by, Municipality in respect of registration of street vendors;
(h) The manner of, and the terms and conditions of, allotment of stalls to the registered street vendors;
(i) The form and manner of grant, renewal, suspension or cancellation of a license;
(j) The manner of levy and collection of fees for the grant and renewal of license and fines for contravention of the terms and conditions of the license;
(k) The terms and conditions for street vending including norms to be observed for maintaining and up keeping public health and hygiene;
(l) The designation of State Nodal Officer for co-ordination of all matters relating to street vending at the State level;
(m) The designation of District Nodal Officer for co-ordination of all matters relating to street vending at the District level;
(n) The manner of maintenance of proper records and other documents by the town vending committee, local authority, planning authority, State Nodal Officer and District Nodal Officer in respect of street vendors;
(o) The manner of giving notice to, and eviction of, street vendors; impounding, destruction or seizure of stalls, goods and equipments and relocation of street vendors, and compensation payable to evicted street vendors;
(p) Any other particulars which may be considered by the Government as proper for including in the scheme;
(2) A summary of the scheme notified by the Government under subsection (1) shall be published by the Municipality in such manner as may be prescribed.
CHAPTER III
TOWN VENDING COMMITTEE
4. Town Vending Committee.-
(1) The Government shall, in each Municipal/local authority, constitute a town vending committee.
(2) Each town vending committee shall consist of –(a) the Municipal Commissioner or the Chief Executive Officer, as the case may be, who shall be the Chairperson; and
(b) such numbers of other members as may be prescribed, to be nominated by the Government, representing the local authority, the planning authority, traffic police, local police, association of street vendors, market associations , trade associations, resident welfare associations, nationalized banks and such other institutions as it deems proper:
Provided that the number of members nominated to represent the street vendors shall not be less than forty percent of the total number of members and one-third of such members shall be from amongst women vendor.
Provided further that reasonable representation shall also be given to persons who are physically challenged.
(3) The Government may, if it deems fit, prescribe some allowances for the members nominated by it under clause (b) of sub-section (2), except those who are government servants.
(4) The member nominated under clause (b) of sub-section (2) shall, unless his nomination is terminated earlier by the Government, hold office for a term of three years from the date of his nomination.
5. Meeting of town vending committee.-
The town vending committee shall meet at such times and places within the jurisdiction of the Municipality and shall observe such rules of procedure in regard to the transaction of business at its meeting, and in discharge of its functions, as may be prescribed.
6. 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, any person whose assistance or advice it may desire in carrying out any of the provisions of the Act.
(2) A person so associated under sub-section (1) for any purpose shall have a right to take part in the discussion relevant to that purpose, shall not be a member for any other purpose.
(3) The person so associated under sub-section (1) may be paid such allowances as may be prescribed
7. Office space and other employees of Town Vending Committee.-
The Municipality shall provide the town vending committee with appropriate office space and such other employees as may be required.
8. Constitution of ward vending committee.-
The town vending committee may constitute, in such manner and for such purposes, such number of ward vending committee, as may be prescribed.
9. Function of Town Vending Committee.-
The Government may assign to the town vending committee the following functions, namely.-(a) issue to the street vendors identity cards in such form and manner as may be prescribed;
(b) collect such fee for registration or renewal of registration of street vendors as may be prescribed;
(c) determine the manner of collection of fees through banks, counters of Municipality or counters of town vending committee, fee for registration, usage of parking space for mobile stalls and availing of civil services, in consultation with the Municipality;
(d) grant, renew, suspend or cancel registration certificates to street vendors, in such form and manner, and on such terms and conditions, as may be specified;
(e) identify and designate vending zones;
(f) specify timings for vending in vending zones;
(g) maintain the records of land, street, footpath, embankment, waiting area, parks and other public places designated for vending in such manner as may be prescribed;
(h) conduct periodic surveys of vending zones;
(i) collect and maintain data regarding street vendors;
(j) determine quantitative norms for different categories of stationery and mobile stalls in the vending zones.
(k) assess and determine maximum holding capacity of each vending zone; (l) identify and declare area as restriction –free-vending zones, restricted –vending zones and no vending zones in manner specified;
(m) fix signboard at each vending zone to indicate kind of vending zone, its boundaries and vending times;
(n) declare place and timing of vendors markets for weekly haats, night bazaars, holiday bazaars and festival bazaars;
(o) ensure adequacy of civic amenities, including water sanitation, waste management, electricity in the vending zones;
(p) monitor activities of street vendors;
(q) ensure that the quality of products and services provided to the public and public health, hygiene and safety standards as specified by the Municipality are maintained;
(r) ensure that allotted stalls are utilized by the allottees in accordance with the terms and conditions specified;
(s) specify the terms and conditions for issue, renew, suspension or cancellation of registration in the manner specified;
(t) determine actions including imposition of fine for violating the terms and conditions for registration;
(u) promote awareness regarding credit through institutional mechanisms;
(v) determine norms for regulating the activities of street vendors;
(w) determine terms and conditions for providing benefits of insurance, maternity benefits, old age pension and other social security schemes to the street vendors in case of death , illness or disability ;
(x) lay down guidelines for organizing associations and self-help group of street vendors;
(y) conduct training program for street vendors with a view to equip them with entrepreneurship and technical and business skills;
(z) redress grievances and resolve disputes amongst the street vendors;
(aa) to allocate such duties and responsibilities to the Ward Vending Committees as may be prescribed;
10. Publication of annual accounts statement.-
The town vending committee shall prepare and publish its annual accounts statement in such form and manner as may be prescribed.
CHAPTER IV
REGISTRATION OF STREET VENDORS
11. Application for registration.-
(1) Every person who has completed the age of 14 years and intends to do street vending shall make an application for registration as street vendor to the town vending committee.
(2) Every application under sub-section (1) shall be made in such form and manner and accompanied by such fees as may be specified.
12. Registration of street vendors and issue of certificate of registration.-
(1) An application made under sub-section (1) shall be examined by the town of vending committee and registration made within such period, and in a such period, and in a such manner, as may be prescribed,
Provided that on completion of specified period, if no response is received by the applicant he would be deemed to have been registered.
(2) The town vending committee shall not summarily reject the application without giving the applicant an opportunity to rectify deficiencies, if any and hearing him.
(3) If the town vending committee or the officer authorized by town vending committee, as the case may be, is satisfied that the application is in compliance with the provisions of this Act and the rules or schemes made thereunder, he shall register the name of the street vendor.
(4) Any person aggrieved by the decision of the town vending committee under subsection (3) may, prefer an appeal to the Municipality within such period, and in such manner, as may be specified.
(5) No person shall carry on or commence the business of street vending unless he holds a certificate of vending issued under this Act.
(6) Subject to the provisions of section 12 (5), the Town Vending Committee or any officer authorized by the Town Vending Committee, subject to such conditions and restrictions as may be specified in the scheme, issue a certificate of vending to every street vendor who has been registered under section 12 (1) and (2).
(7) Every vendor who has been issued certificate of vending shall be issued identity cards in such form and manner as may be specified in the scheme.
(8) The criteria to be followed by the Town Vending Committee for issuing certificate of vending to a street vendor shall be specified in the scheme, which may, apart from other things, provide for preference to the Scheduled Castes, the Scheduled Tribes, other Backward Classes, Economically Weaker Section, women, persons with disabilities, minorities or such other categories as may be prescribed.
13. Preference in allotment of stalls to registered street vendors.-
(1) The Municipality may give preference to the registered street vendors in allotment of stalls in the vending zones.
(2) The allotment of stalls to the street vendors shall be made in such manner, and subject to such terms and conditions, as may be prescribed.
14. Grant of license.-
A registered street vendor to whom a stall has been allotted in a vending zone shall be granted a license which may be renewed from time to time by the Municipality, in such manner, on payment of such fee, and subject to such terms and conditions, as may be prescribed.
CHAPTER V
RIGHTS AND OBLIGATIONS OF STREET VENDORS
15. Rights of street vendors.-
Every street vendor shall have right to carry on the business of street vending activities in the vending zones allotted to him in accordance with the terms and conditions mentioned in the certificate of vending and the scheme framed.
16. Right of a 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, 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.
17. Duty of street vendors.-
(1) 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.
(2) Every street vendor shall maintain cleanliness and public hygiene in the vending zones and adjoining areas.
(3) 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.
CHAPTER VI
RELOCATION OF STREET VENDORS, EVICTION AND PROCEDURE FOR CONFISCATION OF GOODS
18. Relocation or eviction of street vendors.-
(1) The municipality shall, having regard to public nuisance or obstructions of movement of general public caused by street vendors, or for any other public purpose, relocate such street vendors in such manner as may be specified in the scheme.
(2) Where the municipality is satisfied that a street vendor has consistently failed to comply with his duties and obligations under the Act or the rules and the scheme made thereunder, evict such street vendor in such manner as may be specified in the scheme.
(3) No street vendor shall be relocated or evicted by the municipality from the site allotted to him unless he has been given seven 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 municipality physically in such manner as may be specified in the scheme after he had failed to vacate the site after the expiry of said period of notice under sub section 3.
(5) Every street vendor who fails to relocate or vacate the site allotted to him after the expiry of the said period of notice shall also be liable to pay, for every day of such default, a penalty which may extend up to rupees five hundred as may be determined by the municipality.
19. Confiscation and reclaiming of goods.-
(1) The municipality, in addition to evicting the street vendor under section 18, may if it deems necessary, confiscate the goods of such street vendor in such manner as may be specified in the scheme.
(2) The street vendor whose goods have been confiscated under sub section (1) may reclaim his goods in such manner, and after paying such fees, as may be specified in the scheme.
CHAPTER VII
PREVENTION OF HARASSMENT OF STREET VENDORS
20. Prevention of harassment of street vendors.-
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 VIII
DUTIES OF MUNICIPALITY/LOCAL AUTHORITY
21. Duties of local authority.-
Notwithstanding anything contained in any other law for the time being in force, the Municipality shall be responsible for:-
(a) Overall supervision and monitoring of the Scheme for street vendors;
(b) Allotting stalls to the street vendors in the manner specified;
(c) Granting, renewal, suspension or cancellation of license to the registered street vendors in the manner specified;
(d) Providing, in consultation with the town vending committee, in the vending zones and to the street vendors, civic services, including:
(i) Solid waste Disposal
(ii) Public toilets to maintain cleanliness,
(iii)Electricity and drinking Water,
(iv) Shelter to protect street vendors and their wares,
(v) Storage facilities, beautification, placement of signage and,
(vi) Other facilities as may be needed by the street vendors and specified in the scheme;
(e) Fixation of fees/levies to be charged from street vendors for purposes of registration, use of space, availing civic services and manner of their collection, in consultation with the vending committee as per scheme;
(f) Determining, in consultation with the town vending committee, the manner of collecting, through banks, counters of Municipal/local authority and counters of town vending committee, fee for registration, use of parking space for mobile stalls and availing of civic services;
(g) Allocation of staff and budget to each vending committee subject to a minimum annual grant and that at least 50 per cent of the fees and fines collected by a Committee passed on to it for discharging various functions effectively.
(h) Undertake, in consultation with the town vending committee, comprehensive digitalized photo census and survey of the existing number of street vendors with the assistance of such expert s and in such manner as may be specified, for the purpose of accommodating street vendors within the holding capacity of the vending zones; the survey will be:-
(i) Ward by ward, cluster-by-cluster, street-by-street, market-by-market mapping of the area where the vendors are located in each city/town.
(ii) Comprehensive survey and census count of weekly markets held in different parts of the city or town on different days.
(iii) Photographic digitized census count of street vendors and their location with the collection of information in such formats as may be prescribed.
(i) The entire database of street vendors shall be notified put on the website of the concerned Municipality and Updated at regular intervals.
(j) Regulation of traffic near Vending Zone.
CHAPTER IX
DUTIES OF PLANNING AUTHORITY
22. Duties of planning authority.-
Notwithstanding anything contained in any other law for the time being in force, the Planning Authority shall be responsible for:-
(a) Determining spatial planning norms for street vending;
(b) Earmark space for vending zones in the master plan, development plan, zonal plan, layout plan and any other plan;
(c) Designate areas as no-vending zone;
(d) Monitor the functioning of the town vending committee with regard to the planning norms;
(e) Amend the city or town master plan, development plan, zonal plan, layout plan and any other plan for accommodating street vendors in the designated vending zones;
(f) Demarcate vending zones specific to the requirements of the town or city;
(g) Make spatial plans conductive 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 specified.
(h) Discharge any other duty or duties which may be assigned to it by the government from time to time.
(i) Explore the feasibility of mobile vending in certain areas including multistoried buildings/apartments.
CHAPTER X
BREACHES OF CONDITIONS AND PENALTY
23. Cancellation or suspension of registration.-
Where any street vendor who has been registered under this Act or his agent or servant 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 specified that such registration 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 registration or suspend the same for such period as it thinks 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.
24. Cancellation or suspension of allotment of stall, license.-
Where any street vendor to whom a stall has been allotted or a license has been granted under this Act or any agent or servant of such vendors 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 Municipality is satisfied that such allotment of stall or license, as the case may be, has been secured by the street vendor through misrepresentation or fraud, the Municipality may, without prejudice to any other fine which may have been incurred by the street vendor under this act, cancel the allotment of stall or license, as the case may be, or suspend the same for such period as it thinks fit:
Provided that no such cancellation or suspension shall be made by the local authority unless an opportunity or hearing has been given to the street vendor.
25. Penalty for Contraventions.-
If any street vendor.-
(a) indulges in street vending without registration;
(b) vends beyond the designated vending zones or specified timings;
(c) vends goods or offers services that are determined to public health;
(d) contravenes the terms and conditions of registration;
(e) contravenes the terms and conditions of stall or license; or
(f) contravenes any other terms and conditions specified for the purpose of regulating street vending under this act or any rule or schemes made thereunder, or vends in a no-vending zone he shall be liable to a penalty which shall not be less than rupees two hundred but which may extended to rupees one thousand, as may be determined by the town vending committee, or as the case may be, by the Municipality.
CHAPTER XI
MISCELLANEOUS
26. 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 under any law for time being in force for carrying out such vending activity.
27. Returns.-
Every town vending committee shall furnish, from time to time, to the Government and the Municipality such reports and returns as may be prescribed.
28. Promotional Measures.-
The government may, in consultation with the town vending committee, Municipality, planning authority, street vendors association or unions, undertake promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors.
29. Research Training and Awareness.-
The Government may, to the extent of availability of financial and other resources –(a) Develop and organize capacity building programmes for street vendors and on how 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 aiming the public through town vending committees.
30. Power to make bye-laws.-
Subject to the provisions of this Act or any rules or schemes made thereunder, the Municipality may make bye-laws to provide for all or any of the following matters, namely:-
(a) The regulation and manner of vending in vending zones, restricted – vending zones and enforcement of no-vending zones
(b) The regulation of collection of taxes and fees in the vending zones
(c) Regulation of traffic in or near the vending zones
(d) The regulation of quality of product and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards
(e) The regulation of civic services in the vending zones; and
(f) The regulation of such other matters in the vending zones and no-vending zones as may be necessary
31. Power to make rules.-
(1) The Government may, after consultation with the town vending committee, 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 manner of framing and publishing summary of scheme under sub-section 2 of section 3.
(b) The number of members under clause (b) of sub-section (2) of section 4.
(c) The allowances of members under sub-section (3) of section 4
(d) The time and place for meeting, procedure for transaction of business at meetings and functions to be discharged under section 4
(e) The manner and purpose for which a person may be associated under sub-section (1) of section 6
(f) The allowances to associated person under sub-section (3) of section 6
(g) The other employees of town vending committee under section 7
(h) The manner and purpose for constituting, and the number of the ward vending committees under section 8
(i) The form and manner for preparing and publishing annual accounts statement under section 10
(j) The returns to be filled under section 27
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in the session, and if the house agree in making any modification in the rule agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be off no effect, as the case may be, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme or bye-law.
32. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provisions of this Act, the State 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 under this section shall, as soon as may be after it is made, be laid before the State Legislature.
