Shops and Markets permitted from today except Red Zones

The attached order by MHA issued last night allows shops selling non essential goods under municipalities and with valid registrations to open for business from Saturday onwards. This order is applicable to shops in market complexes under the limits of municipal corporations and municipalities.

Amending its April 15 order, the Union Home Ministry said "all shops, including neighbourhood shops and standalone shops, shops in residential complexes, within the limits of municipal corporations and municipalities, registered under the Shops and Establishment Act of the respective State and UT" will be allowed to open during the lockdown.

The local salons and parlours will be allowed to operate from Saturday. Big shops/brands/market places will remain shut.

The order further clarifies that it is not applicable to shopping complexes and malls but only to local shops registered with the municipal corporation. "In Sub-clause 1 (x), the term 'shopping complexes' is replaced with 'market complexes within the limits of municipal corporations and municipalities," reads the order.

In addition, the order makes inclusions in sub-clause (xiii) and (xiv) under Clause 14 on commercial and private establishments to include all shops registered under the Shops and Establishment Act of the respective states and union territories. This is inclusive of shops in residential complexes and market complexes. However, it leaves out shops in multi-brand and single-brand malls. "With 50 per cent strength of workers with wearing of masks and social distancing being mandatory," says the order.

While maintaining that social distancing norms and masks are mandatory, the order is also applicable to standalone shops within the limits of municipal corporations and municipalities and registered under the Shops and Establishment Act of the respective state or union territory.

Here is what the order implies:

All markets in rural and semi-rural areas will be open (non-essential items can be sold in all kinds of shops in a rural area)
Market complexes in urban (municipal) areas such as Lajpat Nagar or Nehru Place in Delhi cannot open for business
Non-essential goods can be sold in urban areas, provided that the shop in question is located in a residential area or is a standalone shop (provided that the shop is registered under the Shops and Establishment Act)

Issued a little before midnight, the order is in continuation of the Ministry of Home Affairs' order number 40-3/2020-DM-I(A) dated April 15, 2020. Since it fails to mention the situation concerning containment zones, the order does not allow shops in areas identified as containment zones or hotspots to open for business.

All businesses which are still not allowed to open are part of Clause X which includes cinema halls, malls, shopping complexes, gymnasiums, sports complexes, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls etc more