MHA gives relaxation to local shops, expect in containment zones

MHA relaxes lockdown, allows the functioning of some shops

The Ministry of Home Affairs (MHA) on Friday issued an order, under the Disaster Management Act, 2005, allowing all non-essential shops to operate in urban and rural non-containment zones. The MHA while giving lockdown relaxation stated that all shops, registered under the Shops and Establishment Act of the State / Union Territories (UT), will operate with “50% strength of workers, with wearing of masks and social distancing being mandatory.” It further clarified that ‘all shops’ adhered to the neighbourhood shops, standalone shops, and shops in residential complexes, within the limits of municipal corporations and municipalities, will be functional.

However, there was confusion on the order, issued by the MHA on Friday, on allowing the opening of shops and the exact places where this was allowed during the lockdown relaxation. The confusion arose after concerns of crowding in market places, if shops and markets were to open, and whether this would affect the lockdown period. The MHA clarified on Saturday that only standalone and neighbourhood shops and the shops in residential complexes will be functioning in non-containment zones.

Shops in markets or market complexes will remain shut in urban areas and all shops, except shopping malls, will be functional in rural areas; with the mandatory wearing of face masks and social distancing. Salons, dry cleaners and barbershops, within a residential neighbourhood, can function as these come under the category of standalone shops within municipal areas. In non-municipal areas, outside the limits of municipal corporations and municipalities, only market complexes, except shops in multi-brand and single-brand malls, can function. The malls containing utility items like groceries, mobile recharge and any other utility services can function in these non-municipal areas.

Liquor vents and restaurants will remain shut in both urban and rural areas as they are not registered under the Shops and Establishment Act. However small eateries and food joints that serve within a particular neighbourhood are allowed to operate. The relaxation of these shops comes along with the mandatory order to wear face masks while out in the public and also to maintain social distancing and the operation of these shops will only be allowed in non-containment zones.

The State Government, however, has concurrent jurisdiction in matters such as this and has the power to bar or allow areas and shops for functionality. The state can further approve for more relaxation, or restrict this relaxation if they choose to, provided it falls within the guidelines and limits set by the Centre. However, this order will immediately apply to all the Union Territories because the Shops and Establishment Act is a state enacted act. The order issued by the MHA comes as a relief to people as it has already been a month since the lockdown was proclaimed.