1 week Ago By Richa Pinto
The Federation for Retail Traders Welfare Association (FRTWA) has opposed the BMC classifying illuminated shop name boards as advertising. MUMBAI: The Federation for Retail Traders Welfare Association (FRTWA) has opposed the BMC classifying illuminated shop name boards as advertising. In a letter sent to the civic body on September 21, FRTWA president Viren Shah called for the removal of Section 328A, Mumbai Municipal Corporation Act , which treats illuminated shop sign boards as advertisements.
The section states, "No person shall, without the written permission of the commissioner, erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure." In his letter, Shah said the BMC stated that a non-illuminated name board isn't considered an advertisement. "How illogical is it that once a name board is illuminated with neon lights for visibility at night, it suddenly becomes an advertisement? Multiple courts, including the Supreme Court , have issued stays on criminal notices under Section 328A-a non-bailable offence.
Yet, innocent shopkeepers continue to be treated like criminals, facing threats and harassment, despite clear court rulings against this practice." Shah said, "On one hand the govt is planning to make Mumbai like Singapore with nightlife and shopping to attract shoppers from around the world, and on the other, they want to wrongly send notices that if you put a glow sign on board then it's an advertisement. Any person will laugh at such kind of draconian wrongly interpreted Section 328A.
If they do not withdraw these notices and harassment to shopkeepers continue, we will oppose the present govt which is against the traders and we will go one step ahead and call for a retail bandh." Sunil Shah, president of the Dadar Vyapari Sangh, said that in their locality as well, a hotel was given a notice for having an illuminated sign board. "However, our advocate in a strong reply to the BMC said that the name of the shop that was displayed is not an advertisement or an indication or guidance to the public or customer to locate the place and thus, the same cannot be termed as an advertisement.
The BMC was informed that it was only an LED light supporting the name," said Shah . When contacted, BMC officials said the notices being issued by them were only adhering to the provision of the law. "The shopkeepers can approach the civic body for permission, and that's exactly what our notice states-they should present any permission documents if they have them.
We charge a fee based on the square meter of the sign, allowing them to keep their illuminated boards. For the BMC, this also serves as a source of revenue," explained the official. Viren Shah argued that shopkeepers shouldn't have to pay for illuminated signboards, as their primary objection is the classification of these signs as advertisements simply because they are lit, which, he insists, they are not.
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