State allows malls, eateries, theatres to remain open 24X7

The order will be applicable to all shops, restaurants, malls, theatres, places of amusement or entertainment, except those involved in selling liquor, such as liquor shops, bars and hookah parlours

MUMBAI: In a significant move, the Maharashtra government has allowed shops and establishments to remain open for 24 hours across the state. A circular to this effect was issued by the state labour department on Wednesday. The order will be applicable to all shops, restaurants, malls, theatres, places of amusement or entertainment, except those involved in selling liquor, such as liquor shops, bars and hookah parlours.

Gurgaon, India- November 13: The Metropolitan mall, food courts and movie theatres are affected by demonetization of R500 and R1000 notes with low footfalls even on Saturday and Sunday. The cash payments have gone down by 70% as told by the staff of food courts and theatres at malls located at MG road of the city, in Gurgaon, India, on Sunday, 13 November 2016. (Photo by Parveen Kumar/Hindustan Times)

Officials from the labour department said the move comes on the back of complaints from various shops and establishments that were not being allowed to operate for long hours by police and local authorities, despite an established mandate in the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service Act) which was enacted in 2017.

“Section 2 (2) of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service Act), 2017 defines “day” as a period of twenty-four hours commencing from midnight. Therefore, except for establishments supplying or selling liquor, other establishments shall remain open for 24 hours subject to the provisions of section 16 (1)(b),” states the circular issued by the labour department.

Idzes Kundan, principal secretary, state labour department, stated that the fresh circular was issued to bring clarity as the provision allowing shops and establishments to operate 24 hours already exists in the law but was not implemented. “We were receiving complaints that the police or local bodies were not allowing them to operate for 24 hours, leading the establishments to seek independent permissions. This occurred despite section 2 (2) of the act clearly defining a day as the period of twenty-four hours beginning at midnight. The confusion arose due to the restriction on timings on shops selling liquor, bars and hookah parlours, and hence, a fresh circular has been issued,” Kundan explained.

While allowing them to operate 24x7, the government has also imposed a rider, which states that it is binding on the shops and establishments to give their employees a day off once in a week. “An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed a weekly holiday of at least twenty-four consecutive hours of rest,” states section 16 (1)(b) of the act.