Section 39. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not in consistent with the provisions of this Act, as appear to it to be necessary 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 made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Judgements applying section 39
Sanjay Nirupam and 4 Ors. Vs State of Maharashtra and 2 Ors.
Public Interest LitigationOutcome: Judgement& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
Public Interest LitigationJudgementOpen& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
JudgementOpen& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
JudgementOpenStreet-vending regulation required first surveys and elections through committees under the 2009 Policy. The court partly allowed the petitions, upheld Rule 15, rejected unrestricted hawking, preserved existing non-hawking zones, and quashed the resolution permitting committees without vendor representation.
AllowedOpenNavi Mumbai Hawkers and Workers and Anr.. Vs the State of Maharashtra , through Principal Secretary and Ors.
Outcome: AllowedStreet-vending regulation required transitional surveys and elections without displacing existing non-hawking zones. The Court partly allowed the petitions, upheld Rule 15, quashed the resolution permitting committees without vendor representatives, and treated the government's scheme only as general guidance.
AllowedOpenTaparidharak and Feriwala Kalyankari Sanstha, Kalamboli through Its President Shri. Atmaram N. Pati Vs the State of Maharashtra and Ors.
Outcome: Allowed& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpen
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& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpenSavitribai Phule Vyavasaik Kalyankari Saunstha Vs Panvel Municipal Corporation and Ors.
Outcome: Allowed& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpenThane Zilla (Maharashtra) Hawkers Union Vs State of Maharashtra through Secretary, Urban Development and Home Dept. and Ors.
Outcome: Allowed& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpen