Professional Documents
Culture Documents
Environmental Law Assignment
Environmental Law Assignment
TOPIC - BAKERY
TY BLS LLB
Semester - 6
Division - A
Submitted to -
Anju Singh
Assistant professor
Environmental Law
A. ABOUT THE PROJECT
The Persian Bakery having its address - Subway, Persians, Near Aarey Road, Goregaon
West, Mumbai, Maharashtra, is a well-known bakery that has been in operation for
several decades. It was originally the Jawahar Restaurant which was started by Mr
Shapoor M. Irani, along with his seven brothers who came from Iran.
It is known for its delicious Iranian-style pastries and cakes, as well as its freshly baked
bread.
The bakery is a popular destination for locals and visitors alike and has a loyal customer
base. Over the years, the bakery has become an iconic landmark in Goregaon and
continues to attract people from all over the city.
The Bakery is a Firewood Oven Bakery (Bhatti Bakery)
The working staff allocation is perfect and well balanced in a way that there is neither
disguised employment nor underemployment. There are Four people engaged in baking.
Two being the chefs and Two subordinates. Two people at the counter to cater to the
customers.
We tasted a few items, including the signature and best-selling item, i.e. the Mawa Cake.
The menu included a variety of Cookies and the famous nankathai along with savoury
items like stuffed Veg Pattice, Chicken Pattice, Stuffed Veg Croissants and much more.
C. THE LAWS, SECTIONS AND AUTHORITIES
FSSAI The Food Safety and Standards Act, The Food Safety and Standards
2006 Act, 2006:
Chapter VII Enforcement of the Act
S.31. Licensing and registration of food
business. - Section 29. Authorities responsible
for enforcement of the Act. -
Ss.4. The Designated Officer, on receipt
of an application under sub-section (3), 1. The Food Authority and the State
may either grant the licence or, after Food Safety Authorities shall be
giving the applicant an opportunity of responsible for the enforcement of
being heard and for reasons to be this Act.
recorded in writing, refuse to grant a
licence to any applicant, if he is satisfied 2. The Food Authority and the State
that it is necessary so to do in the Food Safety Authorities shall
interest of public health and shall make monitor and verify that the relevant
available to the applicant a copy of the requirements of the law are fulfilled
order: Provided that if a licence is not by food business operators at all
issued within two months from the date stages of the food business.
of making the application or his
application is not rejected, the applicant 3. The authorities shall maintain a
may start his food business after the system of control and other
expiry of the said period, and in such a activities as appropriate to the
case, the Designated Officer shall not circumstances, including public
refuse to issue a licence but may, if he communication on food safety and
considers necessary, issue an risk, food safety surveillance and
improvement notice, under section 32 other monitoring activities covering
and follow procedures in that regard. all stages of a food business.
Health license Section 394 / 412A of Mumbai Section 412. Prohibition of import of
by BMC Municipal Corporation Act, 1888. cattle, etc., into [1] [Brihan Mumbai]
without permission [2]
Section 394. Certain articles [or
animals] [1] not to be kept, and certain
trades, processes and operations not to
be carried on, without a licence; and
things liable to be seized, destroyed,
etc., to prevent danger or nuisance [2]
GST The Central Goods and Services Tax As per rule 8(1) of the Central Goods
Act, 2017 and Services Tax Rules, 2017, every
person willing to obtain GST
Section 22: registration is required to file an
—(1) Every supplier shall be liable to be application in Form GST REG-01.
registered under this Act in the State or (4) Using the reference number
Union territory, other than special generated under sub-rule (3), the
category States, from where he makes applicant shall electronically submit
a taxable supply of goods or services or an application in Part B of FORM
GST REG-01 , duly signed or verified
both, if his aggregate turnover in a
through electronic verification code,
financial year exceeds twenty lakh
along with the documents specified in
rupees: Provided that where such the said Form at the common portal,
person makes taxable supplies of either directly or through a Facilitation
goods or services or both from any of Centre notified by the Commissioner.
the special category States, he shall be
liable to be registered if his aggregate This form can be filled online on the
turnover in a financial year exceeds ten Goods and Service Tax portal.
lakh rupees. 2 [Provided further that the This form is submitted to the
Government may, at the request of a Department of Goods and Sales Tax.
special category State and on the
recommendations of the Council,
enhance the aggregate turnover
referred to in the first proviso from ten
lakh rupees to such amount, not
exceeding twenty lakh rupees and
subject to such conditions and
limitations, as may be so notified.]
(2) Every person who, on the day
immediately preceding the appointed
day, is registered or holds a licence
under an existing law, shall be liable to
be registered under this Act with effect
from the appointed day.
(3) Where a business carried on by a
taxable person registered under this Act
is transferred, whether on account of
succession or otherwise, to another
person as a going concern, the
transferee or the successor, as the case
may be, shall be liable to be registered
with effect from the date of such
transfer or succession.
(4) Notwithstanding anything contained
in sub-sections (1) and (3), in a case of
transfer pursuant to sanction of a
scheme or an arrangement for
amalgamation or, as the case may be,
demerger of two or more companies
pursuant to an order of a High Court,
Tribunal or otherwise, the transferee
shall be liable to be registered, with
effect from the date on which the
Registrar of Companies issues a
certificate of incorporation giving effect
to such order of the High Court or
Tribunal.
Fire license The Maharashtra Fire Prevention and The Maharashtra Fire Prevention
Life Safety Measures Act, 2006. and Life Safety Measures Act, 2006.
Section 20:
20. (1) When the Director is
informed, on a complaint made or
otherwise that default has been
made in the performance of any
duty imposed on an Authority by or
under this Act or by or under any
enactment in relation to fire fighting
measures or operations for the time
being in force, the Director, if
satisfied after due inquiry, that the
alleged default has been made,
may, by order, fix a period for the
performance of that duty and
communicate such order to the
Authority.
(2) If the duty is not performed
within the period so fixed, the
Director may appoint some person
to perform it and may direct that the
expenses of performing it, with a
reasonable remuneration to the
person appointed to perform it, shall
be forthwith paid by the Authority.
(3) If the expense and remuneration
are not so paid, the Director may
make an order directing the bank in
which any moneys of the Authority
are deposited or the person
in-charge of the local Government
Treasury or of any other place of
security in which the moneys of the
Authority are deposited, to pay such
expenses and remuneration from
such moneys as may be standing to
the credit of the Authority in such
bank or may be in the hands of
such person or as may, from time to
time, be received from or on behalf
of the Authority by way of deposit by
such bank or person and such bank
or person shall be bound to obey
such order. Every payment made
pursuant to such order shall be a
sufficient discharge to such bank or
person from all liability to the
Authority in respect of any sum or
sums so paid by it or him out of the
money of the Authority so deposited
with such bank or person.
These documents are to be submitted to the local Municipal Corporation's Health Department,
as they are the authority responsible for issuing Eating House Licenses in Mumbai.
Overall the main regulatory authority for the submission of forms and overlooking is the
Municipal Corporation of Greater Mumbai. (MGCM)
D. LEGAL EXPERT INPUTS AND INTERVIEW-
● Legal Expert -
Same owner
“The Chimney and Bhatti we use are maintained and cleaned as per the required
statutory authorities, which increases the efficiency of the same, ensuring minimal
pollution.” -
Q) What about the wood that is burned for the Bhatti on a daily basis?
“The rise in awareness and concern for the environment increasing in recent years has
helped to raise the appeal of the wood-burning stove for anyone who pledges to be more
connected to nature, the planet and its needs.
The firewood baking system used by the bakery is energy efficient: It is not powered by
electricity or gas. The energy is generated by the combustion itself. If the use of wood
feels as if going against the cause, it’s important to know that if you fire the Bhatti early in
the morning, you can cook and bake in it for about ten hours. This is all without using
any additional energy.
On a daily basis, in Mumbai, more than 10000 wooden articles are discarded, and the
wood that is used for the Bhatti is thick and heavy quality wood that we put a minimal
amount of inside the Bhatti. Due to the conscious decision to use such a type of wood
produces enough fire for us to bake a minimum of 5 products (including ten types of
pavs, two types of biscuits, Patties, Puffs, Rolls, etc.) in a day.
Our usage of wood is beyond optimum and way ahead of our competitors.”
Q) How much is your contribution to the cutting of trees as you use wood daily?
“The wood used by the bakery is ordered from professional licensed dealers who already
deal with other parties. Even if the Bakery does not place an order for the wood, the
same amount of wood, if not more, is already cut, and that would be ordered by
someone else if not us.
Hence the wood ordered by us is the one that is already out there.
We strictly do not order any fresh cuttings or any specific bulk order made by us.”
Form ‘B’
Address:
Telephone Number(s):
Mobile no:
Email:
Address:
Telephone Number(s):
Mobile no
Email:
7. TelNo.:____________Mobile No.:______________
Fax No:_______________ Email:___________________
If already having valid license- mention annual quantity of each food category
manufactured during last three years
1)………………
2)………………
3)………………
11. For Solvent –Extracted Oil, De oiled meal and Edible Flour:
(i) Details of proposed business
Name of From Solvent –Extracted Oil, De oiled meal and Edible Flour Vegetable
Oil bearing seed or Oil
material nut or
cake
ii) Name and address of factory or factories used by the miller or solvent
extractor for processing oil bearing material produced or procured by him or for
refining solvent extracted Oil produced by him.
________________________________________________________________
__________
________________________________________________________________
__________
12. Sanctioned electricity load or HP to be used -
_________________________________
14. In case of renewal or transfer of license granted under other laws as per
proviso to Regulation 5(1) - period for which license required ( 1 to 5 years)
(ii) PAN
(Enter PAN of the Business; PAN of Individual in case of Proprietorship concern)
Note - Information submitted above is subject to online verification before proceeding to fill up Part-B.
Authorized signatory filing the application shall provide his mobile number and email address.
Part –B
(xiii) Foreign Limited Liability ¢ (xiv) Foreign Company Registered (in India) ¢
Partnership
4
5. Option for Composition Yes ¢ No ¢
6. Composition Declaration
I hereby declare that the aforesaid business shall abide by the conditions and restrictions specified in
the Act or Rules for opting to pay tax under the composition scheme.
11. If selected ‘Yes’ in Sr. No. 9, estimated supplies and estimated net tax liability during the period of
registration
Sr. No. Type of Tax Turnover (Rs.) Net Tax Liability (Rs.)
(iv) UT Tax
(v) Cess
Total
Payment Details
5
13. Are you applying for registration as a SEZ Developer? Yes No
(vii) Change in constitution of business (xiv) Others (Not covered above) – Specify
6
Temporary ID, if any
City/Town/Locality/Village District
Taluka/Block
Latitude Longitude
(d) Nature of business activity being carried out at above mentioned premises (Please tick applicable)
Bank Name
7
19.
18. Details of the Goods supplied by the Business
Premises 1
(a) Details of Additional Place of Business
City/Town/Locality/Village District
Block/Taluka
Latitude Longitude
8
(specify)
(d) Nature of business activity being carried out at above mentioned premises (Please tick applicable)
Name
Photo
Name of Father
Residential Address
City/Town/Locality/Village District
Block/Taluka
9
22. Details of Authorized Signatory
Checkbox for Primary Authorized Signatory
Details of Signatory No. 1
Name
Photo
Name of Father
Block/Taluka
City/Town/Locality/Village District
PAN
10
Name of Person
Designation / Status
Mobile Number
Email address
Signature
11
List of documents to be uploaded:-
12
hereby solemnly affirm and declare that <<name of the authorized signatory,
(status/designation)>> is hereby authorized, vide resolution no… dated….. (copy
submitted herewith), to act as an authorized signatory for the business << GSTIN
- Name of the Business>> for which application for registration is being filed
under the Act. All his actions in relation to this business will be binding on me/
us.
13
Instructions for submission of Application for Registration.
1. Enter name of person as recorded on PAN of the Business. In case of Proprietorship
concern, enter name of proprietor against Legal Name and mention PAN of the proprietor. PAN
shall be verified with Income Tax database.
2. Provide E-mail Id and Mobile Number of authorized signatory for verification and future
communication which will be verified through One Time Passwords to be sent separately,
before filling up Part-B of the application.
3. Applicant need to upload scanned copy of the declaration signed by the Proprietor/all
Partners/Karta/Managing Directors and whole time Director/Members of Managing Committee
of Associations/Board of Trustees etc. in case the business declares a person as Authorised
Signatory.
4. The following persons can digitally sign the application for new registration:-
Proprietorship Proprietor
6. State specific information are relevant for the concerned State only.
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Sr. No Type of Applicant Type of Signature required
8. All information related to PAN, Aadhaar, DIN, CIN shall be validated online by the system
and Acknowledgment Receipt Number will be generated after successful validation of all the
filled up information.
9. Status of the application filed online can be tracked on the Common Portal by entering
Application Reference Number (ARN) indicated on the Acknowledgment.
10. No fee is payable for filing application for registration.
11. Authorised signatory shall not be a minor.
12. Any person having multiple business verticals within a State, requiring a separate
registration for any of its business verticals shall need to apply separately in respect of each of
the vertical.
13. After approval of application, registration certificate shall be made available on the
Common Portal.
14. Temporary Reference Number (TRN) will be allotted after successfully furnishing
preliminary details in PART –A of the application which can be used for filling up details in
PART-B of the application. TRN will be available on the Common Portal for a period of 15
days.
15. Any person who applies for registration under rule Registration.1 may give an option to pay
tax under section 10 in Part B of FORM GST REG-01, which shall be considered as an
intimation to pay tax under the said section.
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Municipal Corporation of Greater Mumbai
Revised Special Conditions of the license for the trade of Eating House are as
follows:
3 The rooms shall be well lighted and well ventilated naturally or with the aid of
artificial means; the cook-room and the dining room especially shall have
through ventilation.
5 Drinking Water shall be stored in a suitable container provided with a tight fit-
ting lead with lock and key arrangement and with a tap and the vessel shall
be always kept closed. Steps shall be taken to see that water served to the
customers for drinking purposes is not contaminated in the process of storing
and handling. In addition provision of Water Purifying Machine, in working
condition shall be made so that purified water shall be available to the cus-
tomers for drinking purposes.
6 The premises should be maintained dust free and there should not be flies/in-
sects or rodent nuisance and all hygienic conditions maintained.
9 The fitness certificate shall be valid for one year from the date of its issue.
10 The room used for cooking shall be adequately separated from the room
used for eating. All cooking operations to be carried out by using permitted
fuel by CFO.
11 The licensee shall not put up nor shall be allowed to put up any ‘pan shop’ or
other structure at the entrance of the eating house in such a manner as to en-
croach the space or to obstruct the light and ventilation of the place.
12 The entire premises of the eating house and all appliances used therein shall
at all times, be kept in a scrupulously clean and sanitary condition and any
practice which may lead to the food being contaminated shall not be permit-
ted in the storage, handling, preparation or serving of food. No broken,
cracked or chipped articles of crockery or other utensils shall be used therein
either for preparation of food stuffs or to serve them.
13 The licensee shall not keep or supply or offer to supply liquor or intoxicating
drug, either separately or in other food or beverage for consumption on or off
the premises or permit liquor or intoxicating drugs to be consumed on the
premises or in any way permit drunkenness or other disorderly behavior
thereon in contravention of the provisions of the “Mumbai Abkari Act, 1978 or
the City of Mumbai Police Act, 1902 or any other law for the time being in
force.’’
The liquor shall be allowed to serve in the eating house on payment of addi-
tional prescribed fees as per schedule M part IV appended to section 394 of
MMC Act.
14 A metered tap water supply should be made available from Mumbai Munici-
pal Corporation.
15 The licensee may provide and maintain a toilet room for the use of the cus-
tomers in a suitable place and the same shall be regularly cleaned and
washed with disinfectant.
16 Waiters or other servants employed in eating house shall always wear clean
apparel while engaged in work in the eating house.
17 The licensee shall take measures to have the premises of the Eating House
treated with insecticides to get rid of any insect pest, as often as necessary.
18 The licensee shall not keep, sell or expose for sale any article of food which
is unfit for human consumption.
20 Licensee shall not used plastic carrier bag of less than 50 micron in thickness
for counter sell of eatable.