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i have seen that many handicap operated pco booths have turned into panpati,they sell all tobbaco produts,some them turn into more panpati and less pco booths,it seems the hpco have become a way to get a plot alotment to run shops .how can we stops them selling tobbaco produts from the hpco.which department is responcibal to check this,and can take action on such pco *** panpatis.

2007-08-30 04:14:32 · 2 answers · asked by toploser 5 in Politics & Government Law & Ethics

2 answers

The handicap PCO both operator was allotted the PCO both on the basis of his being handicap & to help him earn his livelihood by the Human Welfare department of the State government. The purpose of providing such livelihood avenues to such handicap people is to prevent them from becoming professional beggar & lead a life of destitute. This is a social welfare work of the government & it has to be well appreciated by all. The contract on the basis of which such place is allotted provides the terms & conditions on the basis of which such place has to be operated by the recipient of the place. Any failure on his part with regards to these terms & condition amounts to breach of contract as well breach of trust on the basis of which such a person was allotted the place of work. No doubt the government can revoke its original contract with such a person completely after giving him due notice keeping in mind the principle of natural justice or debar him from indulging in any other activity other then for which the place was allotted to him as in such case it was meant for PCO both only. Such complaint against such PCO operator should be made to the concerned department of human welfare that had allotted such PCO booth to such a handicap person. The various provisions of the Indian Penal Code such as section 405 & 407 with regards to criminal breach of trust & its punishment, section 425 & 426 with regards to mischief & its punishment, can also be availed based on the criminal intention of such handicap person involved in changing the original place of work i.e. PCO booth to tobacco product selling shop & formal complaint can be made against him under these or any other provisions involving misuse of the place of work & criminal breach trust.

2007-08-30 18:36:44 · answer #1 · answered by vijay m Indian Lawyer 7 · 9 0

Selling tobacco products on HPCO is illegal... The saddest part is that there is no such department to check this activity, if selling tobacco products are not banned in the entire state (in this case police can arrest them and produce before a court)

These HPCOs are donated by the department of social welfare or department for SC/ST. Their duty is just to donate these HPCO to deserving candidates, not to check what they do with that latter...

I understand your feeling but relax, this is India.. all these happens here...

2007-08-30 07:49:06 · answer #2 · answered by DANI_AIIMS 3 · 1 0

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