Cancellation or Suspension of Vending Certificate and Right to Appeal
Sections 10 and 11 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 govern when a Town Vending Committee may cancel or suspend a certificate of vending and how an affected person may challenge its decision.
A certificate of vending authorises a street vendor to carry on vending activities subject to the category, location, days, timings and conditions specified under the Act and the applicable scheme. The Town Vending Committee (TVC), constituted under Section 22, has statutory responsibilities relating to these certificates.
Section 10: Cancellation or Suspension of Certificate of Vending
Under Section 10, the TVC may cancel or suspend a certificate where a street vendor breaches its conditions or other conditions regulating vending under the Act, rules or schemes. The power also arises if the TVC is satisfied that the certificate was obtained by fraud or misrepresentation.
Grounds for action
- Breach of certificate conditions: failure to comply with conditions attached to the certificate.
- Violation of regulatory conditions: contravention of applicable conditions under the Act, rules or vending scheme.
- Fraud or misrepresentation: securing a certificate through false or misleading representations.
The TVC may suspend the certificate for a period it considers fit or cancel it, following the manner specified in the applicable scheme. This power operates without prejudice to any other fine incurred under the Act.
Section 11: Appeal from a Decision of the Town Vending Committee
Section 11(1) permits any person aggrieved by a TVC decision concerning the issue of a certificate of vending under Section 6, or its cancellation or suspension under Section 10, to appeal to the local authority. The prescribed form, time limit and procedure are governed by the rules applicable in the relevant State or Union territory.
Section 11(2) expressly requires that the appellant be given an opportunity of hearing before the appeal is disposed of.
How to challenge a decision
- Obtain the TVC decision and the certificate, application or other relevant documents.
- Identify the appropriate local authority or appellate authority constituted under the applicable rules.
- Prepare an appeal explaining the facts, legal grounds and relief sought, using the prescribed form.
- Submit the appeal within the applicable time limit with the required documents, fee and proof of service, where prescribed.
- Attend the hearing and place supporting evidence and objections on record.
Example: Rules applicable in Delhi
Under Rule 10 of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017, notified in January 2018, an appeal under Section 11 is made in Form C before the appellate authority constituted by the concerned local authority, ordinarily within 30 days of communication of the TVC decision. Delay may be condoned on sufficient cause. The rules prescribe three sets, a fee of Rs. 10 by non-judicial stamp paper, a copy of the impugned decision and prior service on the TVC with proof of service. These Delhi-specific requirements should not be assumed to apply throughout India.
Related Provisions and Practical Significance
Section 6 deals with categories of certificates of vending and identity cards. Section 10 provides the grounds and safeguards for cancellation or suspension. Section 11 establishes the statutory appeal. Separately, Section 20 concerns the grievance redressal and dispute resolution mechanism, which is distinct from the appeal against TVC certificate decisions.
Before proceeding, check the current rules, vending scheme and notifications applicable to the relevant local authority. A certificate holder should not assume that a notice of alleged violation itself amounts to lawful cancellation, or that an appeal automatically stays the challenged order.
Frequently Asked Questions
Can a certificate be cancelled without hearing the vendor?
No. The proviso to Section 10 requires an opportunity of hearing before the TVC cancels or suspends a certificate.
Who hears an appeal against cancellation?
Section 11 provides an appeal to the local authority, subject to the procedure and appellate arrangements prescribed in the applicable rules.
Is the appeal period always 30 days?
No. The central Act leaves the period to the prescribed rules. Delhi's applicable rules provide a 30-day period, subject to condonation for sufficient cause.