Circular No. 918/08/2010- Central Excise
F.No.267/50/2007-CX8,
New Delhi, dated the 4th March, 2010.
Subject: Implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008”- Empowering the Customs & Central Excise Officers – regarding
Please refer to the Board’s Circular No. 896/16/2009-CX dated 01.09.2009, issued on the above referred subject matter. Ministry of Health & Family Welfare has amended the Notification dated 30.07.2009 [S.O.1866 (E)] vide Notification dated 06.01.10 [S.O.23 (E)] (copy enclosed). The effect of the Notification is that the officers at the level of Superintendents and above of the Customs & Central Excise department are empowered for entry, search and seizure only at the premises registered under the Central Excise & Customs. Therefore, officers are not empowered to enter, search etc. for premises which are not registered with the department for carrying out any act under the COTP Act, 2003.
2. Trade & Industry as well as field formations may be suitably informed.
3. Receipt of this circular may kindly be acknowledged.
4. Hindi version will follow.
Yours faithfully,
(Amish Kumar Gupta)
OSD (CX-8).
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)
City: Hyderabad
We are rented shoppers under single owner in a group of 5 shops in a residential – cum – commercial complex in a residential locality, comprising of a General Provision Store (GPS), Barber Shop, Mechanic Shop, Computer Services shop, Lawyer Office respectively. All are service oriented and run from morning till night with children and elders using the services of these ranging from 3 years of age to 80 years. It reminds us as to that of a public place with hectic activity.
All the shop owners are non-smokers. The problem with the General Provision Store is that they sell cigarettes and allows smoking in front of his shop, by allowing to sit for hours together despite repeated requests put by us to them to abhor smokers to sit in the ample place available in front of the shop. They are reluctant and are giving us trouble by means of supporting the smokers for pennies that they get at the cost of our health.
Also there is a dustbin located which could not be removed with hectic efforts, which stinks smell all the time. In addition to this, these apathetic smokers are creating trouble by coming to our premises despite “No Smoking” sign boards.
No problem even with the mechanic who works opposite to his shop without creating any problem to us. But the General provision store has made our life miserable which beams a continuous activity from morning till evening with smokers around.
We are lacking the ambient air despite having a chance to correct this due to apathetic and arrogant behavior of General Provision Store shop owner who is generally phlegmatic. There is no mention of advocating selling items written in the rental agreement by the owner – so he asked to wait till renewal to rental agreement, this has compounded the problem.
Is there any rule/law which can give us some reprieve from all this to declare it as a public place. If selling cigarettes in a provision store is against the law, whom to approach for this.
Any information in this regard is welcome and we are thankful to you.