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Advocacy@RAI

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This is with reference to Retailers Association of India's submission requesting for an extension for implementation of the amendments in the Legal Metrology (Packaged Commodities) Act, 2017, issued vide notification no GSR - 629 (E) dated 23rd June 2017.

On representation from RAI, the Department of Legal Metrology, Ministry of Consumer Affairs, Government of India has extended the implementation of the notification further by three months until 31st July 2018 for disposal of old inventory. Click here to view the advisory.

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The State Government of Karnataka issued a notification increasing minimum wages for skilled and unskilled labor in the state w.e.f 30th December 2017. Click here to view the notification.

Subsequently, RAI submitted representations to Shri Siddaramaiah, Hon’ble Chief Minister of Karnataka to highlight the impact of the steep rise in the minimum wages and how it would affect the overall retail industry. Click here to view the representation.

RAI, on behalf of its members, filed a Writ Petition before the Karnataka High Court in this regard challenging the notification which came up for a preliminary hearing on 27.4.2018. After hearing the matter, the Hon’ble Court directed the Government to not precipitate the notification during the pendency of the Writ Petition. Click here to view the interim order.

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Retailers Association of India (RAI) had filed a writ petition in 2007 and again in 2010 before the Bombay High Court challenging the constitutional validity of the Levy of Service Tax on Renting of Commercial Properties, in which RAI Members were granted an interim relief. When the matter was dismissed by the Bombay High Court, to continue enjoying the benefit of the interim order, RAI filed a Special Leave Petition before the Supreme Court against the Judgement of the Bombay High Court.

In October 2011, the Supreme Court directed RAI members to pay half their service tax liabilities so that the matter could be scheduled for final hearing. Click here to view the order.

Subsequently, the matter was listed for hearing in March 2018. Since a lot hangs in the balance on the Supreme Court judgement, RAI has engaged the services of the best counsels and lawyers to represent the said case.

On 5th April 2018, the Apex Court accepted that the matter involves constitutional validity. Furthermore, it was held that the matter will be deferred until disposal of the issues pending before the nine judges bench in Mineral Area development Authority and others (Supra). Click here to view the order.

As per RAI's lawyers, since the matter has been referred to the nine judge bench, it may take considerable time to reach the conclusion.

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The Government of Maharashtra amended the Maharashtra Shops & Establishments Act 1948. As per the "Maharashtra Shops and Establishments Act (Regulation of Employment and Conditions of Service) 2017", all shops and establishments can remain open 24x7, except the different class of shops & establishments which serve liquors and cinema halls, which are separately notified by the State Government.

Some members approached RAI regarding the ambiguity in the amended act w.r.t. 24x7 operating permission. The same is not being properly executed by the law enforcement authorities. RAI represented to the State Government of Maharashtra seeking clarity regarding the 24x7 store opening permission in the State as per the revised Act. Click here to view the representation.

Subsequently, the State Government has issued a clarification that all the shops and establishments can remain open 24x7, subject to compliance with appropriate conditions. Click here to view the clarification issued by the State Government.

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RAI is working with various States Governments in regard to issuance of notifications permitting retailers in the state to operate 365 days a year.

The update on the recent developments in regard to the subject matter is shown below in a tabular format. Click the links to view the notification of respective states.

State - wise update on 365 days store opening permission
Sr No State Notification link
1. Maharashtra Click here to View
2. Andhra Pradesh Click here to View
3. Telangana Click here to View
4. Madhya Pradesh Click here to View
5. Delhi Click here to View
6. Gujarat Click here to View
7. Punjab Click here to View
8. Tamil Nadu Click here to View

 

RAI is working with the State Governments of West Bengal in regard to renewal of the 365 store opening permission in the State. RAI has also submitted a representation to the Government of Karnataka in regard to issuance of the notification allowing retailers to operate 365 days a year.

Furthermore, RAI has started actively engaging and working closely with various State Governments for the adoption of The Model Shops and Establishment (Regulation of Employment and Condition of Services) Act 2016. The Government of Maharashtra recently amended the Maharashtra Shops & Establishments Act 1948 in line with the Model Bill.

Contact Us

Retailers Association of India (RAI)
111/112, Ascot Centre, Near Hotel ITC Maratha, Sahar Road, Sahar,
Andheri (E), Mumbai - 400099.
Tel : +91 22 28269527 - 29
Fax : +91 22 28269536,
Email: info@rai.net.in
CIN: U91990MH2005GAP151959

About Us

Retailers Association of India (RAI) is the unified voice of retailers in India. A not for profit organization, RAI works with all  stakeholders for creating the right environment for the growth of modern retail industry in India.  Read More.

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