How Do I Get Approval to Keep My New Delhi Retail Store Open 7 Days a Week?

Procedure for Opening Retail Store 7 Days a Week

We have recently launched our new retail store in New Delhi. Now, we require it to be open 7 days a week. Please let me know the procedure for applying for the same—specifically, which form needs to be filed and to which authority? Is it possible to apply online? Also, what are the fees for it?

Regards,
Sugandha

Understanding the Shops and Commercial Establishments Act

The Shops and Commercial Establishments Act is a State Act, and hence, it differs from state to state. However, the main objective remains the same. One thing is certain: no establishment can operate all seven days in a week without closing for at least one day, which is mandatory under most of the Acts.

Exemptions to the Act

The government has provided exemptions from the operation of this particular section, allowing certain firms or types of firms to receive an exemption. For example, hotels and restaurants are often given exemptions, enabling them to function seven days a week. Similarly, restrictions related to early opening before 6 am and closing by 8 pm may be exempted. IT companies also receive similar exemptions, allowing them to have flexible timing. Therefore, it depends on the type of shop and its relevance in operating for seven days.

Regards,
Madhu.T.K

Dear Madhu, First of all, thank you for your reply. Here, in particular, I was referring to the Delhi Shops and Establishments Act as our store is located in New Delhi. I am aware of the provisions under the act. What I was inquiring about is the procedure to apply for an exemption. Our store is a luxury home decor retail store.

Regards,
Sugandha

You have to meet the Labour officer and apply for an exemption. Since your shop is not one that deals with essential commodities, I feel you will face a lot of pressure to obtain the exemption. Being an IR professional who believes in professional ethics, I am not supposed to recommend a way for your kind of shop, which is not involved in the trade of any essential commodities, to obtain an exemption.

Regards,
Madhu.T.K

Dear Sugandha, Please approach the labor authorities for a 365-day license. Nowadays, many shops have obtained a 365-day license and remain open throughout the year. A certain amount of money (exact amount unknown, possibly Rs. 50,000) needs to be paid, and a self-written "No objection" statement must be obtained from the employees working in the shop.

The labor department will issue the 365-day license.

Regards,
GK - HR
[Phone Number Removed For Privacy Reasons]

My knowledge and practical experience are limited to the "Tamil Nadu Shops and Establishments Act, 1947" only. The power of exemptions granted under Section 6 of the T.N. Act empowers the government to exempt either permanently or for any specified period any establishment or class of establishments from all or any of the provisions of the Act, subject to certain conditions as it deems fit. A number of prominent establishments have been granted exemptions from the weekly closing day, i.e., Section 11(1) of the Act. I am not sure if such a provision is available in the Delhi Act. If available, you can apply for an exemption as suggested by Madhu.

Dear Sir/Madam,

Can anybody guide me if there is any notification from the Tamil Nadu Government stating that shops will remain open for 365 days? I have come across notifications from the Maharashtra, Andhra Pradesh, and Telangana Governments. Kindly provide guidance and share a circular as well.

Regards, Hitendra Dalal