Section 5 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Conditions for issue of certificate of vending.
- (1)Every street vendor shall give an undertaking to the Town Vending Committee prior to the issue of a certificate of vending under section 4, that—
- (a)he shall carry on the business of street vending himself or through any of his family member;
- (b)he has no other means of livelihood:
- (c)he shall not transfer in any manner whatsoever, including rent, the certificate of vending or the place specified therein to any other person.
- (2)Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending—
- (a)spouse of the street vendor;
- (b)dependent child of the street vendor: Provided that where a dispute arises as to who is entitled to vend in the place of the vendor, the matter shall be decided by the committee under section 20.
Summary
- Section 5 of this central law requires every street vendor to provide a formal written undertaking to the Town Vending Committee before a certificate of vending is issued under Section 4.
- Mandates that the street vendor must promise to run the vending business personally or through their direct family members.
- Requires the vendor to declare in the undertaking that they have no other source or means of livelihood.
- Strictly prohibits vendors from transferring, leasing, or renting out their certificate of vending or their designated spot to any other person.
- Allows a spouse or dependent child to run the stall, in that order of priority, if the vendor dies, falls seriously ill, or suffers a permanent disability, with any disputes settled by the committee under Section 20.
Practical examples
FAQ
1. Can a street vendor lease or rent out their vending certificate under Section 5 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
No, under Section 5(1)(c) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, a street vendor must give an undertaking that they shall not transfer or rent out their certificate of vending or designated spot to any other person in any manner.
2. Who can run a street vendor's stall if the vendor dies or becomes disabled under Section 5 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Under Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, a family member can vend in their place until the certificate expires, following this priority order: first the spouse, and second a dependent child.
3. What three promises must a vendor make in the undertaking under Section 5 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014?
Under Section 5(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the vendor must promise to run the business themselves or through family, declare they have no other means of livelihood, and promise not to transfer their certificate or spot.
Test yourself
Q1.Under Section 5(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which of the following is NOT a required part of the undertaking given by a vendor?
Q2.Under Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, who has the primary right of priority to run a stall if the certificate holder dies or suffers from a permanent disability?
Q3.Under Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, who is responsible for resolving any dispute regarding who is entitled to vend in place of a deceased or disabled vendor?
Q4.Under Section 4 and Section 5 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what must a vendor submit before the Town Vending Committee can officially issue a certificate of vending?