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From restaurants to transport services and BPOs to online delivery services, all those who apply for exemptions will be allowed to operate 24×7 in Delhi starting next week, with Lieutenant Governor V K Saxena approving the proposal to exempt 314 such places to operate all day long, some of them pending since 2016, officials said.
“The L-G has directed that notification to this effect be issued within seven days. The decision of providing exemption under Sections 14, 15 & 16 of the Delhi Shops & Establishment Act, 1954, is expected to boost employment generation and promote a positive and favourable business environment that are a prerequisite for economic growth. The decision will also provide a fillip to the much desired ‘night life’ in the city,” said an official.
These establishments can apply online to get these exemptions.
Section 14 of the original Act said that women or young cannot be asked to work between 9 pm and 7 am in Delhi. According to Section 15, the government had the right to fix opening and closing times for establishments. In a 1979 notification, this was set at 9 am to 7 pm. Section 16 mandates establishments to remain closed one day per week.
In 2004, changes were made to the Act and the opening time was extended to 11 pm. This, however, was not mandatory. The mandate for shops to remain closed one day per week was also relaxed.
“Exemptions under Sections 14, 15 & 16 of the said Act enables commercial establishments to operate on a 24X7 basis, subject to certain conditions that entail welfare of labour and security etc,” said the official.
Both the Delhi government as well as the DDA Masterplan have advocated for a “24×7 Delhi” over the past 5 years.
According to L-G office officials, establishments have been sending applications for exemptions to be made but the Labour Department had not been dealing with them fairly.
“Approving the proposal, the Lt. Governor took a very serious view of and flagged issues of inordinate delay, adhocism, randomness and unjustified discretion on part of the Labour Department in disposing the applications made by establishments for these exemptions. It may be noted that out of the total 346 pending applications, 18 applications of 2016, 26 applications of 2017, 83 applications of 2018, 25 applications of 2019, 04 applications of 2020 and 74 applications of 2021 had not been processed by the Labour Department on time,” added the official.
“These applications were kept pending for no reason even as just 2 applications, one of 2017 and another of 2021 were processed and sent for approval, in a display of unexplained discretion on part of the Labour Department, which strongly indicated the prevalence of corrupt practices. This shows a complete unprofessional attitude and lack of due diligence on the part of the Labour Department and amounted to the Department having adopted a ‘pick and choose policy’ in processing such applications. Further, inordinate delayed processing of such routine applications also negatively affects the confidence/sentiments of the business community at large.”
Officials added it was only after the L-G office prodded it that the Labour Department put in place a digital mechanism for receipt of applications. The L-G has strictly advised that such applications are disposed of within a prescribed timeline so that a conducive investor-friendly business environment and positive confidence could be instilled in the entrepreneurs and business community of Delhi at large.
He has also directed the Labour Department to ensure that such delays do not occur in future, a mechanism is developed for transparent and effective monitoring, reasons for pendency be ascertained, responsibility is fixed and suitable action is taken against the erring officials.
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