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Core Purpose

Notification by the Labour Department, Government of NCT of Delhi, granting exemption from Section 16 of the Delhi Shops and Establishments Act, 1954 to five named establishments by adding a new entry (serial no. 290) to Schedule-1 of the Act, subject to specified conditions on working hours and employee welfare.

Detailed Summary

The Labour Department of the Government of the National Capital Territory of Delhi issued Notification No. CIS/Exemption(CIS-01)/Lab/2023/6828-6841 dated 24 January 2024, in exercise of powers under the proviso to Section 4 of the Delhi Shops and Establishments Act, 1954 (Delhi Act 7 of 1954), adding a new entry at serial number 290 to Schedule-1 of the Act, exempting five named establishments from Section 16 of the Act (weekly closure/working hour requirements): Hi Shi Collections (A283/1, Block A, Gali No. 28, New Ashok Nagar, Delhi 110096); and four branches of Organic India Private Limited located at Vasant Kunj (Plot No. 10/b7), Green Park Main (Shop No. G56), Rajouri Garden (Z-12 Main Najafgarh Road), and City Centre Mall, Rohini Sector 10 (Kiosk, Plot No. 1b3). The exemption is subject to conditions including: no employee shall work more than nine hours a day or 48 hours a week, or more than five hours at a stretch, with overtime paid at double the normal rate under Section 8 of the Act and biometric records preserved as prescribed; shift working must not force any employee into night shift only; employers must ensure safety, security, and transport for employees working overtime/night shifts and install CCTV preserved for at least six months, producible on demand to the Chief Inspector of Shops; employees working on national holidays must receive compensatory leave plus double overtime wages; weekly off days must be allowed in rotation; employers must ensure statutory benefits (Minimum Wages, Provident Fund, ESI, Bonus, Leave) are provided and published on the establishment's website; wages must be paid by cheque or Electronic Clearing Service; the exemption does not override any other authority's orders; and a copy of the notification must be displayed at the establishment's entrance/exit. The notification was issued by order of and in the name of the Lt. Governor of the National Capital Territory of Delhi and signed by S.C. Yadav, Additional Secretary.

Full Text

GOVERNMENT OF INDIA REGD. No. D. L.-33002/99 Delhi Gazette SG-DL-E-24012024-251595 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 35] DELHI, WEDNESDAY, JANUARY 24, 2024/MAGHA 4, 1945 [N. C. T. D. No. 405] PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI LABOUR DEPARTMENT NOTIFICATION Delhi, the 24th January, 2024 No. CIS/Exemption(CIS-01)/Lab/2023/6828-6841- In exercise of powers conferred by the proviso to Section 4 of the Delhi Shops and Establishments Act, 1954 (Delhi Act 7 of 1954), the Lt. Governor of National Capital Territory of Delhi is pleased to make the following addition in the Schedule-1, appended to the said Act. In the said Schedule under "Establishment etc.” after the existing entry at serial no. 289 the following entry shall be added, namely:- 290:- +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | S.No | Name of establishment | Address | From Section 16 of the Act, subject to the following conditions:- | +======+=========================+==========================================+========================================================================+ | 01 | Hi Shi Collections | A283/1, Block A, Gali number 28, New | (i) No employee shall be employed or allowed to work for more than | | | | Ashok Nagar, Delhi, 110096 | nine hours (including that of meal and rest) on any day and for | | | | | not more than forty Eight hours a week. Further, no employee | | | | | shall be allowed to work for more than five hours at a stretch. | | | | | Overtime wages shall be paid to eligible employees at double the | | | | | normal rate as provided under section 8 of the Delhi Shops and | | | | | Establishment Act, 1954. The employer shall ensure that the | | | | | records of the Biometric machine if maintained shall be preserved | | | | | for the duration mentioned for the similar register/record, in | | | | | Delhi Shops and Establishment Act, 1954 and Rules made there | | | | | under. | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | 02 | ORGANIC INDIA PRIVATE | Plot No.10/b7, Ground Floor Local, | (ii) Shift working, if any, shall be in such a way that no employee | | | LIMITED | Shopping Complex, Vasant Kunj, New Delhi | is forced to work in night shift only. | | | | 110070 | | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | 03 | ORGANIC INDIA PRIVATE | Shop No. G56 Green park (Main), New | (iii) Employer shall make suitable arrangement regarding safety, | | | | Delhi Delhi 110016 | security and transportation of all the employees, who have been | | | | | asked to work overtime or in the shift beyond the normal | | | | | working hours as prescribed in the Delhi Shops and | | | | | Establishments Act, 1954. Further the employer shall install | | | | | Closed Circuit Television (CCTV) for videography of the | | | | | establishment and preserve the same for not less than a period | | | | | of six months and submit the same on demand from the Chief | | | | | Inspector of Shops. | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | 04 | ORGANIC INDIA PRIVATE | Z-12 Main Najafgarh Road Rajouri Garden, | (iv) Employees working on national holidays shall be given | | | LIMITED | New Delhi Delhi 110027. | compensatory leave in lieu thereof, and double rate of wages | | | | | as overtime. | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | 05 | ORGANIC INDIA PRIVATE | Kiosk at City Centre Mall, Plot No. 1b3, | (v) Weekly off day will be allowed to employees in rotation. | | | LIMITED | Twin District Centre, Sector 10, Rohini, | | | | | Delhi 110085 | | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ | 06 | ORGANIC INDIA PRIVATE | Shop No. G-3, Plot No. 5, Malik Plaza | (vi) The employer shall ensure that the workers are provided all the | | | LIMITED | Sector 4, Dwarka New Delhi 110075. | legal benefits under various labour laws like Minimum Wages, | | | | | Provident Fund (PF), Employees' State Insurance (ESI), Bonus, | | | | | Leave facility and the same be put on website of the shop/ | | | | | establishment. | +------+-------------------------+------------------------------------------+------------------------------------------------------------------------+ (vii) Payment of wages of employees shall be made by cheque/Electronic Clearing Service (ECS). (viii) This grant of exemption shall have no overriding effect on any notification/ order/advisory/circular/ issued by any other Authority/ Department/ Government Agencies Including Police. (ix) A copy of this notification shall be prominently displayed at the employee's entrance/exit of the establishment. By Order and in the Name of Lt. Governor of National Capital Territory of Delhi, S.C. YADAV, Addl. Secy.

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