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Advocacy Updates

Supreme Court accepts RAI’s intervention application over plastic bags


April 18, 2023 | By Retailers Association of India

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Supreme Court accepts RAI’s intervention application over plastic bags

In a recent development, the consumer disputes redressal commission (Consumer Forum) in various states across India have passed orders against charging customers for carry bags. Retailers had claimed that they charged for carry bags only after seeking the consent of the customers and putting up proper communication, signboards, and advertisements mentioning the charges at the stores. However, the consumer court in various states have ruled that charging for a carry bag is unethical and asked retailers to pay compensation to customers.

Despite some retailers challenging the state consumer forum orders before the National Consumer Disputes Redressal Commission (NCDRC), the commission has also dismissed the case. One of the major retailers, Reliance Retail Limited, has further challenged the NCDRC order before the Hon'ble Supreme Court of India.

In this context, Retailers Association of India (RAI) filed an application before the Hon’ble Supreme Court for charging carry bags on behalf of retailers. The Hon’ble Supreme Court of India has accepted RAI's intervention application.

The ban on charging customers for carry bags has been welcomed by consumer rights activists across the country. They have hailed the orders as a victory for the consumers and called upon retailers to act in a more responsible and ethical manner.

RAI has also stated that they will work towards creating awareness among their members about the court's orders and help them comply with the new rules. The association has also urged retailers to put up signboards at their stores, informing customers that carry bags will be provided free of cost.

The Hon’ble Supreme Court's decision is expected to have a far-reaching impact on the retail industry, and retailers are likely to comply with the court's orders in the future. It is hoped that such measures will help promote ethical business practices and enhance consumer confidence in the retail industry.

 

Jan Vishwas Bill Introduced in Parliament to Decriminalise Certain Acts

On December 22, 2022, the Jan Vishwas (Amendment of Provisions) Bill 2022 was introduced in the Indian Parliament. This bill seeks to decriminalise certain Acts, such as the Legal Metrology Act and the Food Safety Act, which will be a landmark reform for the operation of retail businesses in India. The bill is available for public viewing, and interested parties can refer to page 105 for details. 

Retailers Association of India (RAI) has been pursuing the government to ease the legal provisions surrounding the retail business, and it has welcomed this development. The Department of Consumer Affairs, Government of India, has accepted RAI's recommendation to amend the Legal Metrology (General) Rules, 2011, regarding the decriminalisation of the Legal Metrology Act.

RAI has had a series of meetings with the Department of Consumer Affairs to push for this amendment. RAI has also thanked the department for considering its request.

This move is expected to be beneficial for the retail industry, and it will help ease the burden on retailers. The Legal Metrology Act deals with the measurement of products sold in the market, and the decriminalisation of this Act will help ease the compliance requirements for retailers. Similarly, the decriminalisation of the Food Safety Act will also help simplify the compliance process for retailers.

The Jan Vishwas Bill is a significant development for the retail industry, and it is expected to have a positive impact on the ease of doing business in India. The Retailers Association of India has welcomed this development and will continue to work towards creating a more conducive environment for the retail business in India.:

 

RAI Holds Meetings with Government Officials on Retail Industry Issues

Retailers Association of India (RAI) has been holding a series of meetings with government officials to discuss various issues related to the retail industry. In a meeting with Shri KM Sunil, Addl. Labour Commissioner of the Government of Kerala, the RAI delegation discussed the 24x7 operational issue in the state. The Addl. Labour Commissioner assured the delegation that he would send a clearance proposal to the ministry the following week and would inform them after the government gives its decision. The meeting ended on a positive note, and the RAI promised to keep the public updated on any development.

The RAI delegation also met with the Government of Maharashtra on January 18, 2023, to discuss the Maharashtra Retail Trade Policy. The RAI requested members to share areas of concern in the state that need to be incorporated into the policy draft. They suggested that the Government of Maharashtra should receive their proposals by January 27, 2023.

Furthermore, the RAI delegation met with Anju Sharma, Principal Secretary of Labour/Skill Development/Employment, and Shri Anupam Anand, Labour Commissioner of the Government of Gujarat, to discuss the 24x7 operational issue in the state. The Hon. PS requested a proposal for skill development and employment in the state and assured the RAI that she would consider their request for 24x7 once they send her a proposal for skill development and employment in the state.

RAI also had a meeting on February 3, 2023, with the Karnataka government to discuss trade licenses and online drug license challenges faced by retailers in the state. The meeting was chaired by Dr E V Ramana Reddy, IAS, Additional Chief Secretary - Commerce & Industries, Department of Electronics, IT & BT, Science & Technology, Government of Karnataka. The retail delegation requested that the government reconsider the applicability of trade licenses on non-food retail businesses and the challenges faced by businesses in processing trade licenses online. The Hon’ble Secretary assured the delegation that he would look into the matter and directed the BBMP to work towards complete online automation of trade licenses.

Finally, RAI had a meeting with Shri Arvind Kumar, the Special Chief Secretary of the Government of Telangana, to discuss the prohibition on primary plastic packaging. The Honourable Secretary assured RAI that he would consider their representation.

These meetings are expected to be beneficial for the retail industry.

 

Restaurants exempted from ban on non-veg food after RAI appeal 

Retailers Association of India (RAI) secured an exemption for restaurants from the non-vegetarian ban within a 10-kilometer radius of Air Force Station Yelahanka from January 30, 2023, to February 20, 2023, due to the Aero India-2023 event.

RAI had submitted a representation to the authorities to exempt restaurants from the ban, and they have now accepted RAI's recommendation provided that restaurants agree to proper disposal of meat waste without dumping it in the open.

The ban on non-vegetarian dishes had caused concern among restaurant owners in the area, as they feared a loss of business during the Aero India-2023 event. RAI had submitted a representation to the authorities, highlighting the impact of the ban on the restaurant industry and requesting an exemption for restaurants.

This move has been welcomed by restaurant owners, who had been worried about the impact of the ban on their business. They have expressed their gratitude to the RAI for their efforts in securing the exemption for restaurants.

 

RAI Participates in Meetings with BIS Officials to Discuss QCOs for Footwear

Retailers Association of India (RAI) participated in two meetings with officials from the Bureau of Indian Standards (BIS) to discuss quality control orders (QCOs) for footwear. The first meeting, chaired by Mr Rajeev Thakur, AS, DPIIT and Mr Pramod Kumar Tiwari - DG, BIS and Mr HJS Pasricha - Deputy DG, BIS, was held on March 2, 2023, at the BIS headquarters. The second meeting, chaired by Shri Ajay Kumar Lal - Scientist, BIS, was held on March 21, 2023, and was attended by a delegation of 30 footwear retailers representing international brands.

During the meetings, the following points were discussed:

  • Testing should initially be based on self-certification, and a roadmap should be created to establish labs and spread awareness in the industry.
  • Existing inventory/goods produced before June 30, 2023, should not fall under the purview of BIS, as every shoe has a hand tag that clearly states the month and year of manufacture.
  • No standards have been published yet for children's shoes and clogs, but these categories will be discussed subsequently.
  • International brands, especially sports footwear brands that follow EU or American standards, should be allowed to import based on self-declaration.
  • The authorities expressed apprehension about marking on the shoe box, and a solution needs to be found.
  • For the first year, there will be no inspector raj, and the process will be close to self-certification.
  • For domestic manufacturers with units in India, licenses will be given quickly after a factory visit, and renewal is automatic subject to timely payment of renewal fees.
  • The meetings were attended by representatives from Kothari Industrial Corporation Ltd, Puma, Adidas, Skechers, Trent, Reliance, Bata, Nike, H&M, Decathlon, and the RAI team.

RAI has already represented to DPIIT the issue of existing inventory/goods produced before June 30, 2023, not falling under the purview of BIS.

Overall, the meetings were productive, and the BIS officials were open to suggestions and feedback from the industry. The RAI will continue to work towards creating a more conducive environment for the footwear industry in India

 

RAI Meets Ministry of Consumer Affairs on Gold Jewellery Hallmarking Implementation

The Retailers Association of India (RAI) was invited by the Ministry of Consumer Affairs - Government of India for a meeting on the implementation of hallmarking of gold jewellery in India. The meeting was chaired by Honourable Secretary - Shri Rohit Kumar Singh, Honourable Additional Secretary - Nidhi Khare, and Honourable DG: BIS - Pramod Kumar Tiwari.

RAI had submitted a representation to the Ministry of Consumer Affairs, requesting a six-month extension of mandatory hallmarking of gold jewellery or gold artifacts post-March 31, 2023. The Honourable Secretary patiently heard the RAI's views and assured that the Ministry will soon take a decision to ensure that stakeholders won't face any issues in implementing the said amendment.

Overall, the meeting was productive, and the RAI is optimistic that a positive outcome will be reached regarding the implementation of gold jewellery hallmarking in India.

 

Food Safety and Standards Regulations workshop organised in Hyderabad.

On March 15, 2023, a workshop was held in Hyderabad with the participation of approximately 25 delegates. The attendees provided the Retailers Association of India (RAI) with excellent feedback about the workshop.

 

Retail MSME Awareness Programme organised in Mumbai.

The Retailers Association of India (RAI) is pleased to announce the successful implementation of the MSME Empowerment Programme directed by the National Council of Retailers Association of India and executed by RAI.

The first programme was conducted on March 27, 2023, in Andheri, Vile Parle, and Juhu with the support of the Retailers Food Dealer Welfare Association – Andheri Chapter. The programme was a great success, with 95 small and micro retailers in attendance who were eager to learn and improve their businesses.

The programme focused on providing retailers with the necessary skills and knowledge to enhance their operations and increase their revenue. The participants received insights and guidance on various topics, including supply chain management, inventory management, customer experience, and marketing strategies.

The RAI team was thrilled with the positive response from the participants, and the MSME Empowerment Programme is expected to benefit many more retailers in the future. The RAI is committed to supporting the growth and development of small and micro retailers in India and will continue to execute such programmes in the future.


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