Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ritesh (CS Management Trainee)     13 August 2010

Opening of shops on national holidays

Please tell me as to whether shops can remain open on national holidays? as in 15th august? also please tell me that dose it make a difference if the shop is in a mall ?. Please reply as early as possible and post also in mail id csriteshjain@yahoo.in



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 2 Replies

R.Ramachandran (Advocate)     13 August 2010

It is not clear from your query in which State your shop is located.  Section 16(2) of The Delhi Shops & Establishment Act, 1954 provides as under:

 

16.
Close day
 

(1)

Every shop and commercial establishment shall remain closed on a close day.
(2)

In addition to the close day every shop and commercial establishment shall remain closed on three of the National holidays each year as the Government may by notification in the Official Gazette specify.

Thus, the shops and establishments (unless specifically exempted under the Act, or by Notification) have to be closed on the three National Holidays.  Non-compliance will entail / attract penal provisions.

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sanjeev narula (advocate)     13 August 2010

This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.
 

Section 4 of the Act provides for grant of exemptions from certain provisions of the Act. (e.g. Section 14, 15 & 16) with the approval of Lt. Governer subject to conditions as may be prescribed.

Employees working on National Holidays shall be given compensatory leave in lieu thereof and double rate of wages as overtime. among others conditions

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