If you are stuck in such a situation, here is what to do.

A young, talented artist, Mr. Rohan, is about to begin his university studies in the bustling metropolis of Janakpuri. Having won several art competitions during his school years, he possesses a unique skill for creating live portraits in just a few minutes. To support his educational expenses, he plans to leverage this talent by setting up a small stall in popular public areas like the Rani Bagh Market or the grand Central Plaza. However, he is uncertain about the legal requirements. He wonders if he needs a specific license to operate as a street artist or if he can simply find an open spot and begin his work.

Advice in such cases

Navigating the rules for using public spaces for commercial activities, even artistic ones, requires careful planning. Here is some general advice:

• Understand Local Regulations: Every city has its own set of rules governed by the local Municipal Corporation. These rules dictate where and how street vending and performances can occur.
• Identify the Governing Authority: The primary body responsible for these regulations is usually the Town Vending Committee (TVC) established under the local Municipal Corporation.
• Locate Designated Vending Zones: Many cities have designated “vending zones” or “no-vending zones.” It is crucial to identify these areas to avoid penalties.
• Prepare Your Documentation: Even for an artistic service, having a portfolio and proper identification ready can streamline the process of seeking permission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for street vending and performing in India is primarily governed by the following:

• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014: This is the principal central legislation that aims to protect the rights of street vendors while regulating their activities. It mandates the formation of Town Vending Committees (TVCs) to survey, register, and issue certificates of vending.
• State Municipal Corporation Acts: Each state has its own Municipal Corporation Act (e.g., the Metropolis City Municipal Corporation Act) which contains provisions for the use of public streets, sanitation, and prevention of nuisance. These acts empower the corporation to grant or deny licenses for using public spaces.
• Local Bye-laws and Zoning Regulations: The Municipal Corporation often frames specific bye-laws and zoning plans that detail which areas are designated for vending and what conditions must be met.

If you are the complainant

If you are the artist or performer planning to operate in a public space, you are essentially the applicant. Here’s what you should do:

• Be Proactive: Approach the local zonal office of your Municipal Corporation or the Town Vending Committee to inquire about the procedure for obtaining a license or a certificate of vending.
• Submit a Formal Application: Prepare and submit an application with all required documents. Clearly state the nature of your activity (e.g., live portrait drawing), the space required, and your proposed hours of operation.
• Follow Up: The bureaucracy can be slow. Regular and polite follow-ups on the status of your application may be necessary.
• Know Your Rights: If your application is unfairly rejected, the Street Vendors Act, 2014 provides for a mechanism to appeal the decision.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a local shopkeeper or a member of the public being inconvenienced by an unlicensed street artist or vendor, you have the right to file a complaint. A “victim” in this context is someone whose right to a clear pathway or a peaceful environment is being infringed upon.

• Lodge a Complaint: You can file a formal complaint with the local Municipal Corporation or the local police station. Clearly describe the issue, such as obstruction of a shop entrance, blocking a public sidewalk, or creating excessive noise.
• Provide Specifics: Mention the exact location, time, and nature of the disturbance to help the authorities take swift action.
• Collective Action: If multiple people are affected, a joint complaint can carry more weight.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The enforcement of these regulations typically involves both the municipal authorities and the local police. Their behaviour and actions usually follow a standard procedure:

• Verification: Their first step is to ask the artist or vendor to produce a valid license, permit, or certificate of vending.
• Action in Case of Violation: If the person is operating without a license or in a no-vending zone, the authorities may issue a verbal warning, impose a fine (challan), and in some cases, confiscate the stall and materials.
• Protection against Harassment: It is important to note that the Street Vendors Act, 2014, also protects vendors from harassment and undue eviction once they are registered. Any action taken by authorities must be in accordance with the due process of law.

FAQs people normally have

• Can I start my art stall anywhere I find an empty space?
• No. Operating in public spaces is regulated. You must operate only in areas designated as “vending zones” by the local Town Vending Committee to avoid penalties.
• What is a Town Vending Committee (TVC)?
• A TVC is a body constituted under the Street Vendors Act, 2014, at the city or town level. Its members include representatives from the municipal corporation, police, and street vendors themselves. Its primary role is to identify and register vendors, issue certificates, and manage vending zones.
• Do I need a license even if I am just an artist and not selling a physical product?
• Yes. Any commercial activity that utilizes public space, whether for selling goods or services like art performances or portrait drawing, generally requires permission or a license from the municipal authorities.

What evidence is required?

When applying for a license or certificate of vending, you will generally be asked to provide the following documents:

• Proof of Identity: A government-issued ID like an Aadhaar Card, Voter ID Card, or Driving License.
• Proof of Address: A utility bill, rental agreement, or any other document confirming your residential address.
• Photographs: Recent passport-sized photographs.
• Description of Activity: A brief written description of the service you intend to provide (e.g., live portrait art) and the materials you will use.
• Undertaking: You may be asked to sign an undertaking to comply with all the rules and regulations set by the municipal corporation, including those related to hygiene and public order.

How long will the investigation take?

This question is better framed as, “How long does the licensing process take?” The timeline can vary significantly from one city to another.

• Ideal Scenario: Under the Street Vendors Act, 2014, the process of conducting surveys and issuing certificates is meant to be time-bound.
• Practical Reality: In practice, the formation and functioning of TVCs can be slow. The process can take anywhere from a few weeks to several months, depending on the efficiency of the local municipal body and whether they have already conducted surveys of vendors in the area.

Advocate Sudhir Rao, Supreme Court of India