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Concern Over Panel Order On Sale Of Tobacco Products

On the basis of a 2013 Chandigarh administration notification, the committee has said street-side cigarette vendors would no longer be allowed to ply their trade. The decision may hit hundreds of vendors in the city.

Cigarettes and Other Tobacco Products Act (COTPA) 2013, TOBACCO PRODUCTS SALE, CHANDIGARH TOBACCO, CHANDIGARH NEWS, INDIAN EXPRESS NEWS Roadside vendor selling Cigarettes and tobacco at the dividing of sector 24 Chandigarh on Sunday, December 17 2017. Express Photo by Sahil Walia

CONFUSION REIGNS over the Town Vending Committee’s order directing street vendors selling cigarettes and tobacco products “to change their trade” by December 29 for registering themselves with the Administration.. On the basis of a 2013 Chandigarh administration notification, the committee has said street-side cigarette vendors would no longer be allowed to ply their trade. The decision may hit hundreds of vendors in the city.

However, Home Secretary Anurag Aggarwal said as per the Cigarettes and Other Tobacco Products Act (COTPA)-2003, only the sale of loose cigarettes was banned. Aggarwal, who is also Secretary, Local Government, told Chandigarh Newsline, “As far as I know, according to the COTPA, sale of loose cigarettes is banned. Had sale of cigarettes been banned, we would have to ban cigarette shops in markets as well. I don’t know how the paneldecided to ask these street vendors to change their trade as it would be discriminatory. I will speak to the MC Commissioner Monday and look into the issue.”

In a meeting Thursday, the Town Vending Committee had decided that street vendors selling tobacco or cigarettes would not be allowed to sell those items but they will have the chance to change their vending trade to sustain their livelihood.” Jitender Yadav, MC Commissioner, who had chaired the meeting, said vendors would be given till December 29, the last date for registration.

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Vivek Trivedi, social development officer of MC said. “There was an order in 2013 which said vendors wont be allowed to sell cigarettes, beedis or tobacco products. That is why our town vending committee has asked them to switch over to another trade.” When asked if this would apply to full-fledged shops in the markets selling cigarettes, he said, “That is not under the jurisdiction of MC. That enforcement, the Administration has to see.”

Under the 2013 order of Chandigarh administration that MC is quoting: “Bylaws for regulation of hawkers are operational in Chandigarh but require some amendments while street vendors bill 2012 is under consideration of Government of India.. During intervening period till appropriate amendments are carried out or a bill is passed by Lok Sabha, in compliance with the directions of High Court of Puinjab and Haryana passed in 2008 and also in consultation with the Municipal Corporation, the Administrator is pleased to frame these guidelines for the street hawkers- that No licences shall be issued for sale of bidi, cigarette and other tobacco items, No vendor shall be allowed to remain stationary for a period of more than four hours in a day and shall keep moving. “

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Trivedi admitted that Committee’s decision would affect hundreds of vendors. “My department has received nearly 30 such plaints from these vendors. Some say this has been their livelihood since 40 years. Mostly are elderly people. But we cant do anything except for suggesting them to switch over to tea making or anything else,” Trivedi said.

The vendors are yet to fully understand what is happening. Sada Shiv Gupta, a vendor in his 70s who sells cigarettes and beedis in a market of Sector 7 said, “ I had gone to the authorities for my licence. But they said that I won’t be allowed to vend in the city. My family members said I can set up a parantha and samosa rehri but my age doesn’t allow me to do that.” Gupta said he is able to earn around Rs 200 on an average daily.

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Another vendor, Chetan sitting in IT Park Road area, said he has been “standing in” for his polio-stricken relative. “Because he is handicapped, he is doing this trade by just sitting and selling. He won’t be able to do anything else. How can they pass such an order… there are so many big shops selling cigarettes. Why are they picking on us?” asks Chetan.

First uploaded on: 18-12-2017 at 07:40 IST
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