Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Sections 27 and 28: Protection from Harassment and Penalty for Contraventions

Sections 27 and 28 of the Street Vendors Act, 2014 balance the right of a street vendor to conduct authorised vending without interference against the obligation to follow the conditions of vending. Section 27 protects lawful vending from obstruction by police or other authorities, while Section 28 provides monetary penalties for specified violations.

Section 27: Prevention of harassment by police and other authorities

Legal rule: Notwithstanding anything contained in any other law for the time being in force, a street vendor carrying on street vending activities in accordance with the terms and conditions of his or her certificate of vending must not be prevented from exercising those rights by any person, police officer or other authority exercising powers under another law.

The opening words "notwithstanding anything contained in any other law" are a non-obstante clause. They give the protection under Section 27 overriding effect where another law conflicts with the lawful exercise of rights under a certificate of vending. The protection is conditional: it applies to vending conducted in accordance with the certificate's terms and conditions. It does not create an unrestricted entitlement to vend at any location or in breach of applicable certificate conditions.

Who receives protection?

A street vendor operating under a valid certificate of vending and observing its conditions can invoke Section 27 against unlawful interference. The certificate and the vending conditions are therefore important documents when determining whether the statutory protection applies.

Section 28: Penalty for contraventions

Section 28 makes a street vendor liable to a penalty if the vendor:

1. Section 28(a): engages in vending activities without a certificate of vending;
2. Section 28(b): contravenes the terms of a certificate of vending; or
3. Section 28(c): contravenes other terms and conditions prescribed for regulating street vending under the Act, its rules or schemes.

For each such offence, the penalty may extend to Rs 2,000, as determined by the local authority. The amount is a statutory maximum, not an automatic fixed fine of Rs 2,000 for every case. The applicable state or local rules and scheme should be checked for procedures and relevant conditions.

How Sections 27 and 28 operate together

A vendor complying with the terms of the certificate is protected from obstruction under Section 27. By contrast, vending without a certificate or in violation of its conditions may attract Section 28. Where a dispute arises, the certificate, applicable vending scheme, relevant notices and factual record should be examined before determining whether an interference or a penalty is legally justified.

Other provisions may also matter. Section 18 regulates relocation or eviction, Section 19 addresses seizure and reclaiming of goods, and Section 20 deals with grievance redressal and dispute resolution. These provisions should be read together where the facts involve enforcement action.

Official legislation and further reading

Read the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (India Code, official text). State-specific rules and notified vending schemes may prescribe additional operational details; consult the appropriate government and local authority for the provisions applicable to a particular area.

This explanation summarises the statutory provisions for general legal information. It does not replace the Act, applicable rules or a case-specific legal assessment.