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Preventive Measures Taken by the Government to Contain the Entry and Spread of COVID-19

The Indian government has announced a number of preventive measures to minimize the entry and spread of COVID-19. This is an evolving situation and some of these measures are important for businesses to be aware of so that they can take steps to inform their stakeholders accordingly. Boards of Directors are required to be mindful of the following and factor them in while assessing business continuity risks.

  • Evacuation measures: The Indian Government has been evacuating thousands of Indian citizens in batches from various locations since January 2020. These passengers are placed under quarantine for a 14 (fourteen) day period and their health conditions are monitored on a daily basis. Now that there is a moratorium on international flights landing in India, Indians abroad are being asked to extend their stay there, with Indian missions in various countries assisting with alternative accommodation. India has also been requesting various countries to extend the visa duration of Indians abroad, in light of the COVID-19 disaster.

  • Screening, testing and quarantining: Universal screening at all airports in the country has been mandated due to the given rise in coronavirus imports. Screening measures have also been implemented at 12 major seaports and 65 minor seaports and land borders. Quarantine centers have been set-up to isolate passengers showing symptoms of the infection. [Press note, 2 March 2020, Ministry of Health and Family Welfare https://pib.gov.in/PressReleseDetail.aspx?PRID=1604909]

  • Labs testing: The National Institute of Virology, Pune (NIV) and 52 other laboratories under the Indian Council of Medical Research’s (ICMR) Viral Research and Diagnostics Laboratories network are equipped to test samples. NIV has facilities for COVID-19 molecular diagnosis and next-generation sequencing. The labs are equipped with reagents to test up to 25,000 samples. Recently, certain private laboratories have also been approved for testing (see our post on testing guidelines)

  • Travel restrictions: Travel advisories are being issued by the Indian Government to avoid non-essential travel abroad. Self-quarantine was mandated to passengers arriving in India from China, Hong Kong, Republic of Korea, Japan, Italy, Thailand, Singapore, Iran, Malaysia, France, Spain and Germany. India has now imposed a moratorium on all international flights. Indian Railways has suspended all its passenger train operations till 31 March 2020 (with the exception of a handful of suburban trains). Most inter-state road travel is banned. Several states have taken measures to cancel most forms of intra-state public transport in an effort to prevent community transmission.

  • Visa restrictions: From February onward, the e-visas issued to foreign nationals of China were cancelled, followed by cancellation of visas issued to foreign national of various other affected counties such as Japan, South Korea, Iran, Italy. Now, all tourist visas to India stand cancelled.

  • Directing the shut-down of educational institutions, malls, cinema halls, restaurants, bars, pubs and certain other establishments in some States. The Central Government imposed a “Janata Curfew” or voluntary curfew on 22 March 2020. Following this, the Government recommended that the relevant state governments implement shutdowns in the 75 districts that have reported confirmed COVID-19 cases or casualties. While several state governments have reacted immediately with their own shutdown orders, others are expected to make their announcements very shortly. (Stay tuned to this blog for updates on developments)

  • Restriction on public gatherings in various States. (see our post on Section 144)

  • Social Distancing. (see our post on the social distancing advisory)

  • Restriction on functioning of courts in various States. (see our post on the restrictions on court functioning)

Department of Telecommunications – Relaxed Regulations for Work from Home

In the wake of recent COVID-19 related developments across the globe, the Department of Telecommunications (“DoT”) has issued Circular No. 18-5/2015-CS-I (Pt.) dated March 13, 2020 , relaxing certain terms and conditions relating to ‘Work from Home’ (“WFH”) for registered ‘Other Service Providers’ (“OSPs”) for a temporary period.

According to the Circular:

  1. The requirement of seeking prior permission for WFH has been exempted. OSPs are required to give prior intimation to the jurisdictional DoT office before implementing WFH, along with certain details;
  2. The requirement of signing a separate WFH Agreement and furnishing Security Deposit for WFH registration has been temporarily suspended;
  3. OSP’s have been permitted to use secured VPN configuration using ‘Static IP’ by themselves for interconnection between the employee at home and the OSP centre;
  4. These exemptions are effective till April 30, 2020.

Any violations of the WFH facility by an agent or employee of the OSP during the exemption period will leave the OSP liable for a penalty of INR 5,00,000 per location.

This is a welcome move, indicative of regulatory awareness of the on-ground challenges posed by the pandemic. In the days and weeks to come, the DoT will need to increase its vigilance, especially to ensure uninterrupted high-speed internet services across the country.

In that context, the Cellular Operators Association of India (COAI) has written to the government requesting the issue of directions to direct video streaming services (Netflix, Hotstar, Amazon) etc., asking such services to reduce their streaming quality. This is to prevent or minimize strain on network infrastructure. This is not an unusual ask – Netflix has, in the European Union, reduced its streaming quality in an effort to ease network congestion.

As large swathes of India’s laptop-toting population shifts to WFH, the decision taken in this regard will be of enormous importance and impact.

Ministry of Consumer Affairs, Food and Public Distribution: Notification of Masks and Hand Sanitizer as Essential Commodities

The Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) in its order dated 13th March 2020 notified masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers as essential commodities under the Essential Commodities Act, 1955. This was done to regulate the production, quality, distribution, logistics of masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers for the effective management of COVID-19. This notification shall remain in force for a period up to 30th June, 2020.

The addition of masks and hand sanitizers in the Schedule of essential commodities will enable the government to protect the interest of the general public as it will be able to control the production, supply and distribution of and trade and commerce in such commodities and their prices and quality standard. The government has also issued an advisory under the Legal Metrology Act. Under the Essential Commodities Act, the states can ask the manufacturers to enhance their production capacity of these commodities and under the Legal Metrology Act the states can ensure sale of both the masks and the sanitizers at MRP.

Section 2A of the Essential Commodities Act, 1955 defines essential commodity to mean the items listed in the Schedule which, inter alia includes drugs, fertilizers, food stuff etc. It further empowers the Central Government to add or remove a commodity from the Schedule in the public interest and for reasons to be specified in the notification published in the Official Gazette amending the Schedule. Any such notification shall also specify that the commodity added to the Schedule shall be deemed to be an essential commodity for a period of up to 6 months. However, the Central Government may extend such period beyond the said 6 months in public interest.

Given the spree of panic buying and hoarding that spread through the public, this is an essential move to ensure that sufficient protective equipment is available for those who need it most – healthcare workers and infected patients.

Ministry of Corporate Affairs: Relaxation of Rules Pertaining to Conduct of Statutory Meetings

In view of the ongoing travel restrictions to restrict the spread of COVID-19, multiple stakeholders, including the Institute of Company Secretaries of India (“ICSI”), had made representations to the Ministry of Corporate Affairs (MCA) requesting a relaxation in the applicability of certain provisions of the Companies Act, 2013 (“Act”) pertaining to the conduct of board and shareholder meetings.

Section 173 of the Act permits directors to attend board meetings through video/audio-visual conference and Section 174 states that attendance through video/audio-visual conference counts as quorum. Rule 3 of the Companies (Meetings of Board and its Powers) Rules, 2014 discusses procedures to be followed if any director elects to attend a board meeting through audio-visual/video conference.

However, Rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014 states that the following matters shall not be dealt with in any meeting held through audio-visual /video conferencing provided that where there is quorum presence in a meeting through physical presence of directors, any other director may participate conferencing through video or other audio visual means:

(i) the approval of the annual financial statements;

(ii) the approval of the board’s report;

(iii) the approval of the prospectus;

(iv) the audit committee meetings for consideration of financial statement (including consolidated financial statement if any), to be approved by the board; and

(v) the approval of the matter relating to amalgamation, merger, demerger, acquisition and takeover

On 18 March 2020, the MCA issued a notice granting in-principle approval for relaxation of the requirement of physical presence of directors in board meetings until 30 June 2020. On 19 March 2020, the MCA notified the Companies (Meetings of Board and its Powers) Amendment Rules, 2020 – to insert the following in Rule 4:

“(2) For the period beginning from the commencement of the Companies (Meetings of Board and its Powers) Amendment Rules, 2020 and ending on the 30 June 2020, the meetings on matters referred to in sub-rule (1) may be held through video conferencing or other audio visual means in accordance with rule 3”

This is a welcome step indeed and will provide some much needed relief to companies whose directors do not operate out of the same geographic location. However, it must be noted that no relaxation has been made for the conduct of shareholders’ meetings.

Simultaneously, the MCA also issued an “Advisory on Preventive Measures to Contain the spread of COVID-19”. Here, the MCA affirmed that it was examining the Act to ascertain other relaxations that would increase the ease of functioning for companies under the pandemic. The MCA also stated that companies and LLPs are “expected and strongly advised” to institute work from home policies at least until 31 March 2020, to help propagate social distancing as a weapon against the spread of COVID-19. The MCA also recommended the institution of staggered shifts for essential workers.

To adjudge corporate preparedness, the MCA stated that a web-form CAR (Companies Affirmation of Readiness towards COVID-19) would be made available from 23 March 2020 onward. This form will need to be filed by every company and LLP. The format of web-form CAR (available here) requires each company and LLP to self-declare its compliance with COVID-19 guidelines, including the availability of a work-from-home policy.

However, web-form CAR does not appear to need any attachments (such as a copy of a COVID-19 Preparedness Policy or a work from home policy. Further, the consequences of non-compliance have not been outlined. This is probably because, as on date of writing, no binding rule or mandate has been issued by MCA obligating companies and LLPs to institute a work from home policy – it remains a strong suggestion.

As India enters a rigorous lock-down phase across large swathes of the country, it may be necessary for MCA to bolster this requirement, at least for those enterprises where some or all of the employees can work remotely.

The Ministry of Health & Family Welfare: Issue of Guidelines on Dead Body Management

On 15th March 2020, the Ministry of Health & Family Welfare issued guidelines on dead body management of people suffering from COVID-19, since it is a new disease and there is insufficient knowledge regarding the disposal of the dead body of a person having, or suspected to have had, COVID-19.

The guidelines state that since the transmission of COVID-19 mostly happens through droplets it is unlikely that any healthcare staff or family member handling the dead body shall contract it. However, the lungs of a patient being handled during autopsy can be infectious.

Precautions to be followed by health care workers while handling dead bodies of people having COVID-19 are:

  1. Hand hygiene.
  2. Use of personal protective equipment (e.g., water resistant apron, gloves, masks, eye-wear).
  3. Safe handling of sharps.
  4. Disinfect bag housing dead body, instruments and devices used on the patient.
  5. Disinfect linen. Clean and disinfect environmental surfaces.

Training in infection and prevention control practices:

All staff who will be required to handle dead bodies in the isolation area, mortuary, ambulance and the workers in the crematorium/burial ground should be trained in the infection prevention control practices.

The guideline further speaks about the procedure to remove the dead bodies from the isolation rooms or areas and cleaning and disinfection of the isolation area. It speaks about the transportation of the dead body and the precaution to be followed at the crematorium or burial ground.

The guidelines also state that autopsies of dead bodies of people suffering from COVID-19 shall be avoided. If an autopsy has to be performed due to special reasons the precautions and practices given in the guidelines shall be followed, like:

a. Limited number of forensic experts and support staff shall be present in the room.

b. To reduce the chances of prick injuries, PM40 or any other heavy-duty blades with blunted points shall be used.

c. Only one body cavity should be dissected at a time.

d. After the autopsy procedure is complete, the body should be disinfected with 1% Sodium Hypochlorite and placed in a body bag, the exterior of which will again be decontaminated with 1% Sodium Hypochlorite solution.

Restrictions on Functioning of Courts in India

As an important measure of avoiding large gatherings in view of the coronavirus outbreak, and following the Supreme Court’s decision to hear only urgent matters[1], the National Company Law Tribunals (NCLTs)[2] and most of the High Courts across India have limited their functions as well.

Detailed notification of the respective courts can be accessed below:

  1. Mumbai
  2. Calcutta
  3. Delhi (also read the additional notice)
  4. Karnataka (read additional memorandum)
  5. Gujarat
  6. Madhya Pradesh
  7. Orissa
  8. Punjab and Haryana. Similar limitations have been placed on District courts of Punjab, Haryana and Chandigarh.
  9. Rajasthan
  10. Telangana
  11. Chennai and Sub-ordinate courts

[1] https://main.sci.gov.in/pdf/Notification/13032020_120544.pdf
[2] https://nclt.gov.in/sites/default/files/Feb-All-PDF/Notice%20dated%2015.3.2020.pdf

Ministry of Health: Advisory on Social Distancing

According to the Ministry Health and Family Welfare, “Social distancing is a non-pharmaceutical infection prevention and control intervention implemented to avoid/decrease contact between those who are infected with a disease causing pathogen and those who are not, so as to stop or slow down the rate and extent of disease transmission in a community. This eventually leads to decrease in spread, morbidity and mortality due to the disease.”


The Ministry proposed certain interventions which shall be in force until 31st March 2020. The measures include,

  1. Closure of all educational establishments (schools, universities etc), gyms, museums, cultural and social centres, swimming pools and theatres. Students should be advised to stay at home. Online education to be promoted.
  2. Possibility of postponing exams may be explored. Ongoing exams to be conducted only after ensuring physical distance of one meter amongst students.
  3. Encourage private sector organizations/employers to allow employees to work from home wherever feasible. Certain stated have issues compulsory shut down orders even for private sector employers, this is an evolving situation.
  4. Meetings, as far as feasible, shall be done through video conferences. Minimize or reschedule meetings involving large number of people unless necessary.
  5. Restaurants to ensure hand-washing protocol and proper cleanliness of frequently touched surfaces. Ensure physical distancing (minimum 1 metre) between tables; encourage open air seating where practical with adequate distancing.
  6. Keep already planned weddings to a limited gathering, postpone all non-essential social and cultural gatherings.
  7. Local authorities to have a dialogue with organizers of sporting events and competitions involving large gatherings and they may be advised to postpone such events.
  8. Local authorities to have a dialogue with opinion leaders and religious leaders to regulate mass gatherings and should ensure no overcrowding/at least one metre distance between people.
  9. Local authorities to have meeting with traders associations and other stakeholders to regulate hours, exhibit Do’s and Don’ts and take up a communication drive in market places like sabzi mandi, anaj mandi, bus depots, railway stations, post-offices etc., where essential services are provided.
  10. Non-essential travel should be avoided. Buses, Trains and Aeroplanes to maximize social distancing in public transport besides ensuring regular and proper disinfection of surfaces.
  11. Hygiene and physical distancing has to be maintained. Shaking hands and hugging as a matter of greeting to be avoided.
  12. Special protective measures for delivery men/ women working in online ordering services.
  13. Hospitals to follow necessary protocol related with COVID-19 management as prescribed and restrict family/friends/children visiting patients in hospitals


Social distancing is the single most powerful tool available to individuals as we all fight to stem the tide, prevent community transmission and flatten the curve. This mechanism prevents lightly infected/asymptomatic patients from becoming vectors who could infect far more vulnerable populations. The governments are trying to implement social distancing through advisories, shutdowns and lock-downs, janata (voluntary) curfews, Section 144 orders, suspension of public transport facilities etc. If India can succeed where so many nations have failed, and stop COVID-19 from reaching critical mass we could avert a public health disaster.

Current Labour Laws and their Adequacy in Protecting Employees affected by COVID-19

COVID-19 has changed the rules of the workplace, with remote working and social distancing becoming the norm. Questions that have arisen in this context include – does self-quarantine amount to paid or unpaid leave? Can employees demand the right to work from home? Can mass lay-offs be stemmed in the looming economy? Does the employer have the right to private data in the interests of the pandemic? And so on.

Certain global companies such as Walmart, Uber, Amazon etc., have adopted new policies to grant leave with compensation to employees who have contracted COVID-19 or are under self-quarantine by the order of their respective employer or the government.

Walmart had also permitted employees who are neither sick nor quarantined, but do not feel comfortable reporting to work during the outbreak, to work from home under paid leave. Uber (although the drivers are only independent contractors) promised their drivers financial assistance for 2 weeks if they tested positive for the virus. Amazon had announced 2 weeks of pay for employees diagnosed with COVID-19 or put into quarantine. Amazon and Google also created relief funds to support their contractors and gig workers who tested positive for COVID-19.

In India, Cognizant, Zoho Corp, Paytm and Flipkart were among the early companies to impose work from home policies for all their employees.

At workplaces, giving an employee a choice between coming in to office (which means exposing themselves to the risk of the virus) or facing the risk of losing their employment, in essence, amounts to forced labour. Article 23 of the Constitution of India prohibits forced labour. The Supreme Court of India, in People’s Union For Democratic Rights and Others V. Union Of India, 1983 SCR (1) 456 held that “any factor which deprives a person of a choice of alternatives and compels him to adopt one particular course of action may properly be regarded as ‘force’ and if labour or service is compelled as a result of such ‘force’, it would be ‘forced labour’.” In the current scenario, forcing employees to report to work at the risk of their health in the pandemic can be seen as a violation of the right to health, and can be viewed as forced labour under Article 23 of the Constitution of India.

Where there is a discordance between two fundamental rights, the Hon’ble Supreme Court in K S Puttaswamy v. Union of India, (2017) 10 SCC 1, held that, the “Doctrine of Proportionality” should be applied. The rights are to be harmonized in a such a manner that it results in their least possible infringement. The Indian labour force is well within its rights to seek the ability to work from home without any loss of benefits as part of their fundamental right to health.

The Ministry of Labour and Employment issued a memorandum on 19 March 2020 providing preventive measures to contain the spread of COVID-19, which included a plan whereby only fifty percent of employees are required to attend office each day, with the other half working from home. This memorandum pertains to government employees only.

The State Government of Haryana has issued guidelines to the management of Factories/Establishments in the State of Haryana in the view of prevailing epidemic situation of COVID-19 requiring that all Factories/Establishments to mandatorily follow the guidelines. The guidelines, in brief, state that:

  1. Frequent and thorough hand washing facility shall be provided to all workers, customers and work-site visitors.
  2. In case of unavailability of soap or running water, alcohol-based hand rubs with a minimum of 60% alcohol content shall be provided
  3. Workers shall be encouraged to stay at home if they are sick and to call the State helpline
  4. Respiratory etiquette shall be encouraged, including covering coughs and sneezes and various other steps as mentioned in the notification.

The State Government of Odisha issued very similar guidelines for factories in the State of Odisha to comply with.

Employee’s State Insurance Corporation has extended the Employees’ State Insurance contribution for the month of February 2020 and March 2020 to 15th April 2020 and 15th May 2020, respectively, on account of the COVID-19 pandemic. Therefore, time limit for payment of contribution has been extended to forty-five days instead of fifteen days for the months of February and March 2020 only. The Employee’s State Insurance Corporation also issued a circular regarding measures to be taken in view of the spread of COVID-19.

The Employees’ Provident Fund Organization (EPFO), on 20 March 2020, has advised its members, pensioners and employers to avail various online services offered by EPFO, and to avoid visiting EPFO offices. Employees can raise claims online for Provident Fund advances or final withdrawal, pension or insurance benefits and receive payment of PF/Pension/Insurance benefits directly in their bank account.

While it is evident that the rise of COVID-19 poses several threats to worker safety, health and security and challenges the established norms of labour laws in India, it is also true that we have yet to evolve a consensus on handling these uncertainties. While it may be necessary to relax certain documentation requirements under labour law, we must not lose sight of the fact that most labour-related legislation in India were drafted with labour welfare as its guiding lodestar. In these uncertain times, labour protection becomes more important than ever. Whether in terms of paid leave, or social security benefit, computation of continuous period of service or bonus, or in the ability to receive lay-off/retrenchment compensation, workers’ welfare must reign supreme. If enterprises are reeling under the economic impact of this pandemic, it is up to the States to step in with suitable stimulus packages to bridge the breach. This is an evolving situation and we believe organizations may not be able to seek any exemption from the applicability of State government mandates to factories and employers in their jurisdiction.

Guidelines for Notifying COVID-19 Affected Persons by Private Institutions

In the wake of the prevailing COVID-19 pandemic, the Ministry of Health and Family Welfare has issued guidelines for notifying COVID-19 affected persons by Private Institutions.

A “suspect case” has been defined as one of the following:

  1. “A patient with acute respiratory illness (fever and at least one sign/ symptom of respiratory disease (e.g., cough, shortness of breath) and a history of travel to of residence in a country/area or territory reporting local transmission (See NCDC website for updated list) of COVID-19 disease during the 14 days prior to symptom onset”
  2. “A patient / healthcare worker with any acute respiratory illness and having been in contact with a confirmed COVID-19 case in the last 14 days prior to onset of symptoms”
  3. “A patient with severe acute respiratory infection (fever and at least one sign/symptom of respiratory disease (e.g., cough, shortness breath) and requiring hospitalization and with no other etiology that fully explains the clinical presentation”
  4. “A case for whom testing for COVID-19 is inconclusive”
  5. A Laboratory confirmed case has been defined as “A person with laboratory confirmation of COVID-19 infection, irrespective of clinical signs and symptoms”.

As per the Guidelines, the following are to be kept in mind for notifying COVID-19 affected persons by private institutions:

  1. All government and private hospitals; medical officers in government health institutions; and registered private medical practitioners including Ayush practitioners, are to notify the concerned district surveillance unit, of any person(s) affected with COVID-19.
  2. Practitioners shall get self-declaration forms, where they have knowledge of persons having travel history of COVID-19 affected countries and are falling under the case definition of COVID-19 (Suspect/Case).
  3. In case the person has had any such history in the last 14 days and is symptomatic as per case definition of COVID-19, the person must be isolated in the hospital and will be tested for COVID-19 as per protocol.

Information of all such cases should be given to the national helpline 1075 and/or to the State helpline

(https://www.mohfw.gov.in/pdf/GuidelinesfornotifyingCOVID-19affectedpersonsbyPrivateInstitutions.pdf).

Emails may be sent to [email protected]

Restrictions on Travel Imposed by the Indian Government on Account of COVID-19

The Ministry of Health and Welfare issued a Standard Operating Practice (SOP) for airport screening of COVID-19 based on a categorization of passengers coming into India from China, Democratic Republic of Korea, France, Germany, Spain, Italy, and Iran”.

The SOP classifies passengers into three risk categories:

(i) Category A (High Risk): A passenger with fever, cough, shortness of breath, with a history of travel to, or residence in, a country/area or territory reporting local transmission of COVID-19 disease during the 14 days prior to symptom onset; or a patient with any acute respiratory illness who has also been in contact with a COVID-19 patient in the 14 days prior to the onset of symptoms

(ii) Category B (Moderate Risk): An asymptomatic passenger coming from China, the Democratic Republic of Korea, France Germany, Spain, Italy, Iran who is also elderly (above 60 years of age) hypertensive, diabetic, and/or asthmatic

(iii) Category C (Low Risk): An asymptomatic passenger coming from any COVID-19 affected country, including passengers coming from China, Democratic Republic of Korea, France Germany, Spain, Italy, and Iran.

The Government of India has taken several measures with respect to cross-border passengers travelling to or from India, in order to contain the spread of the disease. All the detailed measures along with FAQs can be accessed at http://tourism.gov.in/covid-19-travel-advisory

The Ministry of Home Affairs also issued various visa restrictions. As of 13 March 2020, all visas except a few categories (diplomats and employment visas) have been suspended till 15 April 2020.

Indian nationals who wish to return to India will be quarantined for 14 days if they have visited certain countries (China, South Korea, Iran, Italy, Spain, France and Germany) on or after February 2020. However, this does not apply to passengers who transited through these countries. Foreigners currently in India can extend their visas to avoid international travel. They can also leave the country and return back, but if they wish to return before 15 April, they would require fresh visas.

All types of passenger movements through all the immigration land check posts located at India-Bangladesh border, India-Nepal border, India-Bhutan border, India-Myanmar border have been suspended until further notice. The restrictions imposed are on foreign nationals.

The Bureau of Immigration has also issued instructions regarding visa and other general travel restrictions to avoid unnecessary travel at this point in time. India has also banned travel from EU and the UK to tighten its preventive measures.

(Restrictions on travel change periodically – please refer to https://www.mohfw.gov.in/travel_ad.html for the latest information. Also, check back in at https://allaboutcovid2020.blogspot.com/ for updates)