Shailesh (Asst. accounts ) 12 August 2014

Working hours of commercial eastablishment

Good Day Learned Experts,

I am currently residing on the 2nd floor in a Pagdi building which is owned by a Charitable Trust, in Mumbai South.

There is a Commercial Establishment opened up in my neighbouring premise

As per Bombay Shops and Establishments Act - closing time for such establishments is 2200 LT.

Does this time also apply to establishments which have Residential units in their neighbourhood ?

If not, then can you direct me to the Law of the Land which governs such establishments?

The current shop owners insists on keeping the shop open till 2200, sometimes even 2300, this causes great inconvenience to the women living on our floor as we share a common bathroom and toilet.

Any help would be greatly appreciated.

I have visited several lawyers regarding the same, but am none the wiser..

Please help.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 August 2014

Chapter: Shops and Commercial Establishments

Section 11: Closing hours of shops

(1) Notwithstanding anything contained in any other enactment for the time being in force, no shop -

(a) [***] other than those specified in clause (b) of this sub-section shall on any day be closed later than 8.30 p.m.;

(b) [dealing mainly] in pan bidi, cigarettes, matches and other ancillary articles shall on any day be closed later

than 11 p.m.;

Provided that any customer who was being served or was waiting to be served at such closing hour in any shop

may be served in such shop during the quarter of an hour immediately following such hour.

(2) Subject to the provisions of sub-section (1), the [State] Government may fix earlier closing hours for different

classes of shops or for different areas or for different period of the year.

Shailesh (Asst. accounts ) 12 August 2014

Thank you for your interest Sir, But as per my research there was an ammendment to the 'Bombay Shops & Estab Act 1948' - ammendment of 2011 .. As per this ammendment closing time has been extended to 2200 lt - I read this through the times of India portal. https://m.timesofindia.com/city/mumbai/Shops-will-stay-open-till-10-pm/articleshow/9726293.cms I am now searching for some law dealing with commercial establishments next to residential units. Even Maharashtra Rent Act does not have any such provisions.

Suneet Gupta (www.vashiadvocates.com) 13 August 2014

There is no separate closing time for commercial establishments next to residential units. Almost all commercial establishments are actually located adjoining or close to residential units. Therefore a separate timing for them does not make sense.

If the establishment does not close by 2215 hrs then you can complain to the local police station for help.

T. Kalaiselvan, Advocate (Advocate) 16 August 2014

Well advised by learned advocates, nothing more to add.

S K KARNjhc (Legal Adviser) 17 August 2014

You have been advised very well.

Kumar Doab (FIN) 24 August 2014

Agreed.

You have already pursued Bombay Shops and Establishments Act and are aware.

Shailesh (Asst. accounts ) 26 August 2014

Wow, because when I inquired with a retired BMC official, he said the 10pm deadline is only for shops on the ground floor of a building, but I cudnt find any rule pertaining to the same, the lawyer I approached advised filing a case in court, but without any specific rule this is a losing battle.

Working hours of commercial eastablishment

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