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Nirmal   20 July 2017

Shops and Establishment

Sir/Madam,
As per law we r suppose to keep our shops close for one day in a week but,
1.) is it compulsory ? as other shops in the vicinity remains open
2.) I have opened a small grocery shop, and cannot afford to keep it remain close; as there r lot of expenses, responsibility and also have to cope with rising inflation. but other couple of shop keeper in the area who r secured in every aspect r pressurising me to keep my shop close and also r using offending means, and forcefully imposing their union upon me, due to which I m struggling to set my business.
is there any legal way or which authority I can refer to, to keep my business running for all the day in week, I have no employees.Please suggest an adequate solution.


Learning

 6 Replies

Ms.Usha Kapoor (CEO)     20 July 2017

yOU WORK OVERTIME WITH ADEQUATE RESTS IN BETWEEN NOT EXCEEDING 12 HOURS PER DAY.aT THE END OF 10 DAYS FOLLOWED BY 3 DAYS YOU'LL HAVE TO DECLSARE ONE DAY HOLIDAY.

            iF YOU DON'T DECLARE A HOLIDAY ATLEAST  ONCE IN 10 DAYS YOU'LL HAVE TO FACE PENAL CONSEQUENCES.

PENALYIES:The Factories Act provides for penal consequences for contravention of provisions of the act; any violation of overtime regulations under the Factories Act is punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh (one lakh = 100,000) Rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand Rupees for each day on which the contravention is so continued. The penalties under the SEA depend on the specific laws of the states but in general are very low (as low as Rs. 100 in case of some states) in comparison with the penalties under the Factories Act.

Nirmal   20 July 2017

Tanku Ms. Usha Kapoor for ur suggestion. I still have a query, hope you'll could put light on it...

in Mumbai

TNN | Jan 20, 2016, 08.13AM IST

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TNN(Representative image)

MUMBAI: Retail shops across the state will soon be able to operate 365 days of the year, from 5am to 11pm. The state cabinet on Tuesday gave in-principle approval to the draft retail policy that was put in the public domain in August last year.

Sources said policy details are yet to be worked out.The state government is likely to announce these in the next few days at a press conference, said an official.

Government officials said the policy would result in more jobs, as stores will be open seven days and a weekly off for every employee is mandatory . Besides, the long hours would require employees to work in shifts.

Moreover, according to the draft policy, women employees will be permitted to work up to 10pm. The policy also allows housewives and students to be employed on a part-time basis.


Retailers in Maharashtra allowed to keep shops open all 7 days a week

Updated: March 20, 2015 23:09 IST | Our Bureau

    



Move expected to help brick-and-mortar store owners compete with online retailers and malls. REUTERS

Here some good news for shopping aficionados in Maharashtra. The Government of Maharashtra has issued a notification exempting retail establishments in the state from weekly closure as mandated by the Shops And Establishments Act.



This means that brick-and-mortar retail establishments in the state can now keep their stores open 365 days a year. They will have to comply with the statutory requirements laid down by the government, which include giving employees a weekly off and restricting work hours to 9 hours a day and no more than 48 hours a week. This comes even as the State Government is considering another proposal to allow restaurants and shops in select locations to stay open all night.

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Kumar Rajagopalan, CEO Retailers association of India (RAI) said, “The exemption from weekly closure will go a long way in helping brick-and-mortar retailers in Maharashtra achieve their true potential. It is also good for the consumers as they now have the convenience of shopping all days of the year.”

Rakesh Biyani, Joint MD, Future Retail Ltd, said, “Keeping the stores open all days of the week will add to the convenience factor of consumers, and drive consumption, which is good for the economy. The decision will also help the economy by creating more employment in the sector, which is still a human capital-intensive industry.”

The notification is considered a landmark one as it amends criteria for traders laid down 80 years back. The socio-economic environment of the country has changed significantly since then and this notification allows retailers to match pace with the changing business dynamics especially the threat posed by online retailers. E-commerce players operate all days of the week and allow consumers to order any time of the day or night.


Is This draft ammendment passed?

(Guest)

Wait for 2-3 months or monsoon session of Legislative assembly I too read that they are going to amend the act and then you can keep open . 
 

See before bill is presented in legislative assembly the file is sent for opinion of various ministries , Home Ministry have taken some objection , labour have taken objection women sitting in shop in night etc. So Govt. is working of final bill once it is ready it will be tabled in assembly and if cleared and amendment take place in act then good. 

See Shop and Establishment act inspector only comes to visit shop to take hafta in reality he is not interested in law this truth . So long person gives hafta to Govt. officer anything can go on 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 July 2017

One man propritor ship business no need to follow such rules.

G.L.N. Prasad (Retired employee.)     20 July 2017

There are no restrictions for self employed, but he should not employ any servants and exploit them against the rules.

Proper course is wait till the new policy comes out.

Nirmal   20 July 2017

Thank you very much experts for your valuable insights, shall follow and take action accordingly.

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