Section 18 of the Street Vendors Act, 2014: Relocation or Eviction of Street Vendors
Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Act 7 of 2014) regulates when and how a local authority may relocate or evict street vendors. It provides for Town Vending Committee recommendations, notice before removal from a certified vending place, and a penalty for failure to vacate after the notice period.
Key provisions at a glance
- Public-purpose relocation: A no-vending zone may be declared on the recommendation of the Town Vending Committee.
- Eviction: The Act addresses cancelled certificates and vending without a certificate.
- Notice: A vendor cannot be removed from the place specified in a vending certificate without 30 days' notice under subsection (3).
- Default penalty: Up to Rs. 250 per day, subject to the statutory limit linked to the value of goods seized.
What does Section 18 provide?
Section 18(1): Relocation for a public purpose
The local authority may, on the recommendations of the Town Vending Committee, declare a vending zone or part of it a no-vending zone for a public purpose. Vendors in the affected area may then be relocated in the manner specified by the applicable street vending scheme. A public-purpose declaration is therefore not a substitute for the prescribed process.
Section 18(2): Eviction in specified circumstances
The local authority shall evict a street vendor whose certificate of vending has been cancelled under Section 10, or a person who vends without holding the required certificate, in the manner specified in the scheme. The cancellation process under Section 10 separately requires an opportunity of hearing.
Section 18(3): Thirty days' notice
A street vendor may not be relocated or evicted by the local authority from the place identified in the certificate of vending unless 30 days' notice has been given in the manner prescribed by the scheme. This provision specifically concerns the place specified in a certificate; the Act and applicable scheme must be read together when dealing with other categories of vendors.
Section 18(4): Physical removal after failure to vacate
Physical relocation or eviction from the certified place may take place, in accordance with the scheme, only when the vendor has failed to vacate after expiry of the period specified in the notice. The authority must follow the prescribed method of removal.
Section 18(5): Penalty for continued default
Where a vendor fails to relocate or vacate the certified place after the notice period, the local authority may determine a penalty of up to Rs. 250 for each day of default. The subsection further provides that the penalty must not exceed the value of the goods seized. It does not create an automatic flat penalty of Rs. 250 in every case.
Other safeguards and connected provisions
Survey and protection under Section 3: The Act includes safeguards against eviction or relocation before completion of the prescribed survey and issuance of certificates to eligible street vendors. Read Sections 3 and 4 with Section 18.
Alternative vending place under Section 13: A certificate holder relocated under Section 18 is entitled to a new site or area for vending as determined by the local authority in consultation with the Town Vending Committee. See Sections 12 to 14.
Seizure under Section 19: Where goods are seized after the statutory notice process, the authority must prepare the prescribed list and provide a signed copy to the vendor. The Act also provides for reclaiming goods, with distinct timelines for perishable and non-perishable goods. Read Section 19.
Relocation principles: The Second Schedule addresses relocation safeguards, including avoiding relocation where possible, participation of affected vendors, livelihood restoration, and protection of heritage markets. Implementation depends on the applicable State or Union Territory scheme.
How should a street vendor respond to an eviction notice?
- Check whether the notice identifies the local authority, vending location, grounds for removal and the applicable scheme.
- Keep copies of the certificate of vending, identity card, survey record and any earlier orders.
- Verify whether the Town Vending Committee's recommendation is required for a public-purpose no-vending declaration and whether the applicable procedure has been followed.
- If the certificate is being cancelled or has been cancelled, check the hearing and appeal provisions under Sections 10 and 11.
- Seek appropriate legal assistance promptly where the statutory protections or notice requirements have not been observed.
The applicable rules and schemes can vary by State, Union Territory and local authority. The central Act should be read with those provisions and any binding court orders.
Official legal source
Read the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, official India Code text (PDF), especially Sections 3, 10, 13, 18 and 19 and the Second Schedule. Official legal text takes precedence over this explanatory article.