Section 10 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Where a street vendor who has been issued a certificate of vending under this Act commits breach of any of the conditions thereof or any other terms and conditions specified or the purpose of regulating street vending under this Act or any rules or schemes made thereunder, or where the Town Vending Committee is satisfied that such certificate of vending 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 certificate of vending or suspend the same in such as may be specified in the scheme and for such period as it deems 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.
Summary
- The Town Vending Committee can cancel or suspend a vendor's certificate if the vendor violates any conditions of the certificate.
- Cancellation or suspension can also happen if the vendor breaks any rules or regulations specified for street vending under the Act, rules, or schemes.
- If a vendor obtained their certificate through misrepresentation or fraud, the Town Vending Committee has the power to cancel or suspend it.
- Any suspension or cancellation is done without affecting other legal fines that the vendor might have incurred.
- The manner of suspension or cancellation and its exact duration are defined in the scheme.
- The Town Vending Committee is strictly prohibited from cancelling or suspending a certificate without first giving the street vendor an opportunity to be heard.
Practical examples
FAQ
1. On what grounds can a certificate be cancelled under Section 10 of the Street Vendors Act, 2014?
Under Section 10 of the Street Vendors Act, 2014, a certificate can be cancelled if the vendor breaks its conditions, violates vending regulations, or secured the certificate through misrepresentation or fraud.
2. Can the Town Vending Committee cancel a certificate immediately without telling the vendor under Section 10 of the Street Vendors Act, 2014?
No, under Section 10 of the Street Vendors Act, 2014, the Town Vending Committee must first give the street vendor a fair opportunity of hearing.
3. Does a suspension under Section 10 of the Street Vendors Act, 2014 protect a vendor from other fines under the Act?
No, under Section 10 of the Street Vendors Act, 2014, cancellation or suspension can be done without prejudice to any other fine the vendor has incurred.
4. Who decides how long a certificate can be suspended under Section 10 of the Street Vendors Act, 2014?
Under Section 10 of the Street Vendors Act, 2014, the suspension must be in such a manner as specified in the scheme and for such period as the Town Vending Committee deems fit.
Test yourself
Q1.Under Section 10 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which of the following is a valid ground for the Town Vending Committee to cancel or suspend a certificate of vending?
Q2.Under Section 10 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, what is the absolute prerequisite before the Town Vending Committee can cancel or suspend a certificate?
Q3.Under Section 10 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, how does a cancellation or suspension affect any other fines the vendor might owe under the Act?
Q4.Under Section 10 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, where are the manner of cancellation or suspension and the period of suspension specified?
Q5.If a street vendor who has been issued a certificate under Section 6 fails to pay the required vending fees specified in the scheme under Section 8 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, how can the Town Vending Committee address this breach under Section 10?