Night riders: Concerns over safety, workers right remain with passage of bill to keep businesses open 24x7

At long last, the Maharashtra government earlier this month finally moved a step closer to making the state more business friendly by passing a bill that will allow shops, malls and commercial establishments to remain open 24X7.

In its monsoon session, which concluded last week, the state legislature approved the replacement of the existing Maharashtra Shops and Establishments Act, 1948, with a new law to liberalise working hours and employment in such establishments.

This is expected to boost Mumbai’s nightlife by allowing shops and commercial establishments to work all 24 hours a day.

“There has been a growth in the number of online service providers like Flipkart and Amazon while smaller businesses find it tough to compete with them,” noted labour minister Sambhaji Patil Nilangekar.

“The relaxation of business timings will allow them to hold their own in this competition and generate employment by working in all three shifts,” he said, adding that businessmen employing less than 10 staffers will be exempt from registration and will have to go in for self-certification and self-declaration. This, he pointed out, will help around 13 lakh establishments across Maharashtra.

“We had met various government authorities including the BMC chief to end this colonial license and inspector raj system. We requested them to bring an online license seeking/issuing and fees paying system, and we are glad this has been done,” said Rajeev Singhal, trustee, Bharat Merchant Chamber.

“This will substantially reduce corruption in the Brihanmumbai Municipal Corporation (BMC). We will get rid of the red tapism that was only corroding the system,” he added.

BUT WHAT NIGHTLIFE?

However, party-goers may find the new law falling short of their hopes.

Ironically, despite the debate being framed around the concept of “nightlife,” state excise officials say, so far there is no proposal to extend timings for permit rooms, wine and country liquor shops, and bars. At present, wine shops have to down shutters at 10:30 pm, while the restriction is 1:30 AM for permit rooms in police commissionerate areas and 11:30 pm elsewhere.

Nilangekar noted that at present, relaxations in closing timings were granted to establishments like hotels and restaurants on a case-to-case basis till even 3 am, which involved an element of subjectivity. Though women will be allowed to work at night like their male colleagues, there will be certain terms and conditions.

“Today, relaxations are granted in individual cases, which leads to an element of discretion and corruption. The new regulation will ensure a level playing field,” a government official noted.

As always, the decision to keep places that sell liquor out of the purview of exempt businesses is being justified on the grounds of security and the public peace.

Sources said the state home department was worried over the proposal to allow commercial establishments to run round-the-clock as it would create law and order problems in “sensitive areas” where commercial establishments like restaurants operated, leading to pressure on the police. Those staying in areas with a mix of residential and commercial units may also be inconvenienced.

“We need to understand why these restrictions were imposed. The police will be under stress if establishments are allowed to run round-the-clock on a blanket basis. It is practical in controlled environments like airports,” an official noted.

However, some say increased human presence at night could reduce petty crimes.

LABOUR PAINS

The new law, however, does not address what will happen to workers’ rights in the new dispensation.

“Relaxing labour laws may ensure ease of doing business, but what about the interests of workers?” said another state government official, on condition of anonymity.

A senior state government official added that while they had given liberty to commercial establishments to decide their business hours without being fettered by the state’s diktats, the rights of the workers would be protected.

For instance, no adult worker shall be allowed to work for more than nine hours a day and 48 hours a week. Any work beyond this shall attract overtime wages at twice the normal wage rate. Women workers will be able to work during 9:30 pm and 7 AM only by consent and after the employer takes responsibility for their safety and transport, said Nilangekar. Establishments employing 50 or more workers will have to provide crèches for workers’ children.

However, Ashok Dhawale, central secretariat member of the Communist Party of India (Marxist), alleged that the government was diluting labour laws and making them pro-employer in the guise of ensuring ease of doing business.

Dhawale said doing away with restrictions on business hours could lead to the rights of workers like weekly offs being compromised for profit maximisation.

“Exempting around 13 lakh establishments from inspections and registration will free them from controls. They will be free to do what they want,” added Dhawale.

Labour department officials said they would set up a committee to frame rules for the Act. “Though the debate has been framed around the reference point of Mumbai’s nightlife, it will actually work more for small and marginal shopkeepers and businesses than the bigger players. It will create skilled employment in cities like Mumbai and unskilled and semi-skilled jobs in smaller towns,” the senior government official explained.

THE SAFETY QUESTION

Former Mumbai Police Commissioner Rakesh Maria who had given a push for the city nightlife in 2014 said that if it is said that Mumbai is a safe city, then allowing the shops and establishments to remain open round-the-clock should be the main criteria.

According to Maria, a proposal had come to the Mumbai Police for opinion on the nightlife issue in 2014. “I had submitted a proposal that we had no objection to this issue with certain riders. We stated that if these criteria were fulfilled then we have no objection,” Maria said. He added that such a move would not put any additional burden on the police department.

“Being an international city we cannot say everything should be shut by night. If you say Mumbai is a safe city, then this (nightlife) is one of the criteria for that. The Mumbai Police prides itself by saying that Mumbai is a safe city for women then it should be for 24 hours of the day,” Maria said.

But he cautioned that the implementation has to be “a well thought out, well planned out permission given to the shops”.

UNDER THE ACT

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, will cover shops, restaurants, residential hotels, eating houses, theatres, places of amusement and other establishments like those run by doctors, engineers, accountants, professional consultants, etc. This will include those not covered under the Factories Act, 1948.

PRESENT DEADLINE

Wine shops
10:30 pm with an additional half-an-hour to wind up operations

Permit rooms, discos, lounges and pubs
1:30 am (police commissionerate areas) and 11:30 pm (non-police commissionerate areas)

Shops
10 pm with a grace period of 15 minutes, individual cases can seek relaxations

Restaurants
12:30 am, with a grace period of half-an-hour, can be extended with permission

Paan and cigarette shops
11 pm

Other commercial establishments
9:30 pm