Section 4 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Issue of certificate of vending.
- (1)Every street vendor, identified under the survey carried out under sub-section (1) of section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be issued a certificate of vending by the Town Vending Committee, subject to such terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending: Provided that a person, whether or not included under the survey under sub-section (1) of section 3, who has been issued a certificate of vending before the commencement of this Act, whether known as licence or any other form of permission (whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been issued such certificate of vending.
- (2)Where, in the intervening period between two surveys, any person seeks to vend, the Town Vending Committee may grant a certificate of vending to such person, subject to the scheme, the plan for street vending and the holding capacity of the vending zones.
- (3)Where the number of street vendors identified under sub-section (1) or the number of persons seeking to vend under sub-section (2) are more than the holding capacity of the vending zone and exceeds the number of persons to be accommodated in that vending zone, the Town Vending Committee shall carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons shall be accommodated in any adjoining vending zone to avoid relocation.
Summary
- Section 4 of this legislation guarantees that every surveyed street vendor who is at least fourteen years old (or the prescribed age) shall receive a certificate of vending.
- Deems any license, permit, or written permission issued to a vendor before the Act's commencement to remain valid as a certificate of vending for its original duration.
- Authorizes the Town Vending Committee to issue certificates to new street vendors who apply during the years between two regular surveys, subject to space capacity.
- Mandates a draw of lots when the number of surveyed or new vendors exceeds a zone's holding capacity, with the remaining vendors relocated to adjoining zones.
Practical examples
FAQ
1. What is the minimum age to get a certificate of vending under Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Under Section 4(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, a street vendor must have completed the age of fourteen years, or such age as may be prescribed by the appropriate Government, to be issued a certificate of vending.
2. How does the Town Vending Committee resolve overcrowding in a vending zone under Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Under Section 4(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, if the number of vendors exceeds the holding capacity, the Town Vending Committee must conduct a draw of lots to award the certificates, and accommodate the rest in an adjoining vending zone.
3. What happens to old vending licenses issued before the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 came into effect?
Under Section 4(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, anyone with a valid license or permission issued before the Act started is deemed a street vendor for that category for the remaining duration of that license.
Test yourself
Q1.Under Section 4(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the standard age a street vendor must complete to be eligible for a certificate of vending?
Q2.Under Section 4(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what legal mechanism is used to distribute certificates if the number of eligible vendors exceeds the holding capacity of a zone?
Q3.Under Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the status of a person who had a valid vending license before the commencement of this Act?
Q4.Under Section 3 and Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, how can a new person obtain a certificate of vending during the years between two official surveys?