The Hindu Business Line : Hotels body plea to Bengal on sale of packed foods

THE Hotel & Restaurant Association of Eastern India (HRAEI) has urged the West Bengal Government to direct the State's Controller of Legal Metrology to stop harassing its members on the plea that they are breaching the Standards of Weights and Measures Act of 1976 and Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

Unless the concerned authority stops taking such "unlawful" action, the HRAEI fears that many hotels and restaurants in the city may be forced to shut their operations, thereby, leading to loss of employment and revenue shortfall to the State coffer.

The association President, Mr S.S. Kothari, told newspersons here that association's apex body — Federation of Hotel & Restaurant Association of India — had already obtained a stay order from the Delhi High Court on certain aspects of the weights and measures acts created by the Union Government to govern, among other things, the sale of packaged products at the maximum retail price (MRP) printed on the package intended for retail sale.

Mr Kothari said the Delhi High Court's stay order was applicable to all members of the federation in the country. The stay order was valid until the next hearing on April 8, as per communication received from the federation. In fact, the stay order was being abided by the concerned authorities of all States other than that of West Bengal and "the reign of terror let loose on the hospitality industry in the State in complete violation of law stands today".

He was of the view that the current method of persecution was only a stratagem in the guise of helping the consumers to raise more revenue of the State Government through imposition of fines. If the situation continues unabated, management of many hotel and restaurant would be forced to shut down leading to loss of employment and revenue shortfall to the State coffer, he cautioned.

Mr Kothari explained that selling at MRP might be a compulsion for the retail business where packaged product was sold, but it was an established fact that hotels and restaurants don't sell packaged product in retail. Whereas, they sell products in loose form and with a host of value additions and lots of other amenities such as service, air conditioning-comfort, ambience, free snacks, grade of excellence and goodwill.

If next-door "paan" shop sells coke at MRP and so does the next-door wine shop in respect of beer. But one can scarcely expect this to be followed by hoteliers when they are selling them loose and not in packaged form and with value additions and a lot of other amenities.

Besides, as per the excise laws of the State, alcoholic beverages cannot be sold bottle wise (except by the off-shop licensees) and hotels are "on shop licensees") and are to be served and consumed within the licensed premises only.

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