Seizure and Reclaiming of Goods under Section 19 of the Street Vendors Act

Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 regulates seizure of goods during eviction and provides a procedure for street vendors to reclaim them. It requires an inventory and prescribes specific deadlines for release once a claim is made.

Section 19(1): When may goods be seized?

Under Section 19(1), where a street vendor fails to vacate the place specified in the certificate of vending after expiry of the notice period under Section 18(3), the local authority may, in addition to evicting the vendor under Section 18, seize the goods if it considers seizure necessary. The seizure must follow the manner specified in the applicable street vending scheme.

Section 18(3) requires 30 days' notice before a vendor is relocated or evicted from the place specified in the vending certificate. Section 19(1) addresses seizure after the vendor has failed to vacate following that notice period; it is not a general authority to confiscate goods without following the statutory process.

Inventory and written acknowledgment

The proviso to Section 19(1) requires a list of seized goods to be prepared as specified in the scheme. A copy signed by the person authorised to seize the goods must be issued to the street vendor. This record helps identify the items taken and supports their subsequent return.

Section 19(2): How can seized goods be reclaimed?

A street vendor whose goods have been seized under Section 19(1) may reclaim them in the manner and after payment of the fees specified in the applicable scheme. The scheme governs the procedural steps and applicable charges; the central Act does not itself fix a uniform nationwide reclaiming fee.

Practical Steps for a Street Vendor

1. Request and retain the signed inventory of goods issued at seizure.
2. Keep the eviction or relocation notice, vending certificate and any seizure acknowledgment.
3. Contact the relevant local authority and follow the claim procedure prescribed by the applicable scheme.
4. Submit the claim promptly, retain dated proof of submission and pay only the prescribed fee against a receipt.
5. For delayed release, document the dates, the nature of goods and communications with the authority, and consider the grievance mechanism under Section 20.

Related Legal Provisions

Section 18 governs relocation or eviction, including notice and possible penalties for failure to vacate. Section 19 governs the separate process of seizing and returning goods. Section 20 provides for a mechanism for redressal of grievances or resolution of disputes. The specific administrative procedures may differ according to the scheme and rules applicable in the State or Union Territory.

Frequently Asked Questions

Can goods be seized immediately without the Section 18 notice period?

The power described in Section 19(1) arises where the vendor fails to vacate after expiry of the notice period specified in Section 18(3). Any other asserted power must be assessed under the relevant law and facts.

Is the local authority required to give a list of goods seized?

Yes. Section 19(1) requires preparation of a list and delivery of a copy duly signed by the authorised seizing officer.

How quickly must perishable goods be returned?

On the same day that the vendor makes a claim under Section 19(2), subject to the prescribed claim procedure and fees.

What is the time limit for returning non-perishable goods?

Within two working days of the claim being made by the street vendor.

Official Legal Resources

• India Code: Street Vendors Act, 2014 (official Act PDF)
• India Code: Acts and subordinate legislation
• Gazette of India: Rules and notifications

For the procedure and fees applicable to an individual case, consult the currently applicable State or Union Territory street vending scheme and local authority notifications.