Punjab extends permission granted to shops and establishments allowing them to remain open all year round
On 16 July 2019, the Government of Punjab (Government) issued a notification (Notification) allowing all establishments to remain open for 24 hours on all 365 days of the year, up to 31 May 2020. The Notification exempts all establishments in Punjab from the provisions of Section 9 and Section 10(1) of the Punjab Shops and Commercial Establishments Act, 1958. The above-mentioned sections prescribe opening and closing hours of an establishment and declare Sunday as a closed day.
The exemptions under the Notification are subject to certain conditions, and failure to fulfil such conditions may lead to withdrawal of the exemptions. The conditions to avail the exemptions are as follows:
Removal of restrictions on hours and days of operation had been a long-standing demand of traders and establishments, particularly those in the IT and ITeS sector. In response, the states of Maharashtra, Gujarat and Tamil Nadu have also previously granted exemptions similar to the present Notification. In fact, the present Notification bears close resemblance to the exemption notification by the Government of Tamil Nadu dated 28 May 2019. However, the exemption in Tamil Nadu is only applicable to establishments employing 10 or more persons, while no such threshold has been prescribed in the present Notification.
Therefore, this exemption granted by the Government of Punjab, is a welcome move as it is expected to bring in flexibility in the conduct of business of establishments and increase employment opportunities. However, the Notification falls short of prescribing the specific safety and security measures to be taken by the employer, leaving it to the discretion of the employer.
- Anshul Prakash (Partner), Kruthi N Murthy (Associate) and Kosheel Gupta (Associate)
For any queries please contact: editors@khaitanco.com
We have updated our Privacy Policy, which provides details of how we process your personal data and apply security measures. We will continue to communicate with you based on the information available with us. You may choose to unsubscribe from our communications at any time by clicking here.
For private circulation only
The contents of this email are for informational purposes only and for the reader’s personal non-commercial use. The views expressed are not the professional views of Khaitan & Co and do not constitute legal advice. The contents are intended, but not guaranteed, to be correct, complete, or up to date. Khaitan & Co disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any other cause.
© 2024 Khaitan & Co. All rights reserved.
Mumbai
One World Centre
10th, 13th & 14th Floor, Tower 1C
841 Senapati Bapat Marg
Mumbai 400 013, India
Mumbai
One Forbes
3rd & 4th Floors, No. 1
Dr. V. B. Gandhi Marg
Fort, Mumbai 400 001
Delhi NCR (New Delhi)
Ashoka Estate
11th Floor, 1105 & 1106,
24 Barakhamba Road,
New Delhi 110 001, India
Kolkata
Emerald House
1B Old Post Office Street
Kolkata 700 001, India
Bengaluru
Embassy Quest
3rd Floor
45/1 Magrath Road
Bengaluru 560 025, India
Delhi NCR (Noida)
Max Towers,
7th & 8th Floors,
Sector 16B, Noida
Uttar Pradesh 201 301, India
Chennai
8th Floor,
Briley One No.30
Ethiraj Salai
Egmore
Chennai 600 008, India
Singapore
Singapore Land Tower
50 Raffles Place, #34-02A
Singapore 048623
Pune
Raheja Woods
03-108-111, 3 Floor
8, Central Avenue, Kalyani Nagar
Pune - 411 006, India
Gurugram (Satellite Office)
Suite No. 660
Level 6, Wing B,
Two Horizon Center
Golf Course Road, DLF 5
Sector 43, Gurugram
Haryana 122 002, India
Ahmedabad
1506 - 1508, B-Blockr
Navratna Corporate Parkr
Iscon Ambli Road, Ahmedabadr
Gujarat - 380058