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Unlockdown 1.0 – Maharashtra Guidelines

The Government of Maharashtra has time and again undertaken various lockdown measures in adherence to the guidelines and notifications issued by the Ministry of Home Affairs and in view of the continuing spread of COVID-19 within the State. On 17 May 2020 the State Government through its powers constituted under the Disaster Management Act 2005, issued an order to extend the lockdown measures in the State up to 31May 2020 and further issued revised consolidated guidelines from time to time to contain the spread of COVID-19.The State Government, on evaluating the threat of spread of COVID-19 in the State of Maharashtra, in exercise of its powers conferred under Section 2 of the Epidemic Diseases Act and all other enabling provisions of the Disaster Management Act, 2005 has extended the lockdown in the entire State of Maharashtra further till midnight of 30th June 2020.In light of the above, directions have been issue vide an order dated 31 May 2020 (“Order”) to extend the existing lockdown, with amendments and to operationalize MISSION BEGIN AGAIN for easing of restrictions and phase-wise opening. The order is set to come into effect from 1 June 2020 and will remain effective till 30 June 2020.

1. Night Curfew: The movement of individuals is strictly prohibited between 9:00 pm to 5:00 am except for essential activities

2. Protection of Vulnerable Persons: Except for medical and essential services, persons who are above the age of 65 years, persons with comorbidities, pregnant women and children below the age of 10 years have been advised to stay at home

3. Containment Zones: For the demarcation and ascertainment of permitted activities in a containment zone, the guidelines of the Ministry of Health and Family Welfare (“MOHFW”) shall be taken into consideration.

(a) The containment zones will be demarcated by the Municipal/District Authorities. The municipal commissioners in corporation areas and district collectors in other parts of the district are empowered to decide the containment zone. The containment zone can be a residential colony, mohalla, slum, building, group of buildings, lane, ward etc. Anything larger than this (eg. Whole taluka/ Whole Municipal Corporation etc.) can be declared as containment zone only after consultation with Chief Secretary.

(b) In these containment zones, only essential activities will be allowed. There shall be strict perimeter control to ensure there is no movement of people in and out of the zones, except for medical emergencies

4. Activities allowed in a phase wise manner in certain regions: The Order allows the following activities with phase wise restrictions in municipal corporations of MMR region, including MCGM, Municipal Corporations of Pune, Solapur, Aurangabad, Malegaon, Nashik, Dhule, Jalgaon, Akola, Amravati and Nagpur.

I. Phase 1 – With effect from June 3, 2020

(a) Outdoor physical activities:
Individual physical exercises like cycling, jogging, running, walking shall be permitted (with an emphasis on cycling) on public open spaces including beaches, public / private playgrounds, grounds belonging to societies/institutions, gardens and promenades with following conditions:

(i) The activities can take place between 5 am to 7 pm.

(ii) They shall not be in the form of a group activity and children should be accompanied by an adult.

(iii) It shall be undertaken for a limited duration

(iv) No other activity shall be permitted.

(v) People have been permitted to use only nearby/neighbourhood open spaces. Long distance travel has not been permitted.

(vi) People have been advised to avoid crowded open spaces.These activities will be not permitted in indoor portion or indoor stadium.

(b) Activities relating to self-employed people like plumbers, electricians, pest control and technicians

(d) All government offices (excluding Emergency, health and medical, treasuries, disaster management, police, NIC, food and civil Supply, F.C.I, N.Y.K , Municipal Services who can operate at the levels as per the need) are allowed to function at 15% strength or minimum 15 employees whichever is more.

II. Phase II – With effect from 5^th June 2020

(a) All markets, market areas & shops, except malls and market complexes, have been allowed to function on PI-P2 basis (shops on one side of the road/lane/passage to be opened on odd dates while shops on the other side on even dates) from 9 am to 5 pm with following conditions.

(i) The use of trial rooms in the shops have not be permitted for clothes, apparels and similar items to prevent spread of infection. Similarly exchange policy and return policy have also not be permitted.

(ii) The shopkeepers will be responsible for ensuring social distancing norms in the shops and are encouraged to take measures such as foot markings on the floor, token system, home delivery etc.

(iii) People are advised to walk / to use cycles for shopping purposes and to use nearby/neighborhood markets as far as possible. Long distance travel for nonessential items have not been permitted. Use of motorized vehicles for shopping have also been strictly discouraged.

(iv) The shops shall be shut down by the concerned authorities if there is any failure of social distancing.

(b) Movement of people have been allowed in the following manner:

(i) Taxi/Cab/aggregator – Only essential 1+2(ii) Rickshaw – Only essential 1+2(iii) Four wheeler- Only essential 1+2(iv) Two Wheeler- Only essential 1+2

III. Phase III – With effect from June 8, 2020

All private offices have been allowed to operate with up to 10% strength as per requirement, with remaining persons working from home.

5. Permitted activities in other regions: In the states apart from the ones mentioned above, all activities, which are not expressly prohibited under this order and which are not otherwise explicitly prohibited or banned, shall continue to be permitted, with following conditions:(a) No permission is needed from any govt. authorities for permitted activities(b) Outdoor portion of Sport complexes and Stadia and other open to sky public spaces will be permitted to remain open for individual exercises; however, spectators and group activities will not be allowed.(c) All public and private transport will follow passenger management in the following manner:(i) Two Wheeler – 1 rider(ii) Three Wheeler – 1 + 2(iii) Four Wheeler – 1 + 2(d) Intra district bus service will be allowed with maximum 50% capacity per bus with physical distancing and sanitation measures.(e) Inter-district bus service orders will not be permitted.(f) All markets/shops will remain open from 9 a.m. to 5 p.m. If any crowding or failure of social distancing norms is seen, then authorities are required to immediately close down such shops/markets.

6. Activities prohibited throughout the State: The following activities shall be expressly prohibited throughout the state and the easing of restrictions and opening up for these activities will be done in a phased manner along with Standard Operating Procedures (“SOPs”)and Guidelines:

(i) Schools, colleges, educational, training, coaching institutions etc.

(ii) International air travel of passengers, except as permitted by the Ministry of Home Affairs (“MHA”).

(iii) Metro Rail.

(iv) Passenger Movement by trains and domestic air travel unless specifically allowed through separate orders and Standard Operating Procedure (SOP)

(v) Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.

(vi) Social, political, sports/ entertainment, academic/ cultural, religious functionsand large congregations.

(vii) Religious places/ places of worship for public

(viii) Barber Shops, Spas, Saloons, Beauty Parlours.

(ix) Shopping Malls, Hotels, Restaurants and other Hospitality Services.

7. Movement of persons and goods in certain cases.

(a) All Authorities have been authorized to allow inter-State and Intra-State movement of medical professionals, nurses and para medical staff, sanitation personnel and ambulances without any restrictions.

(b) The inter-state and inter-district movement of persons are continued to be regulated.

(i) Movement of persons by shramik special trains issued vide Order dated 2 May 2020

(ii) Movement of Indian nationals stranded outside the country and of specified persons to travel abroad , issued vide Order dated May 5, 2020;(iii) Evacuation of foreign nationals; sign-on and sign-off of Indian seafarers vide Order dated April 21, 2020.

(d) Inter-State movement of all types of goods/ cargo, including empty trucks shall be allowed by authorities

(e) The movement of any type of goods/cargo for cross land-border trade under Treaties with neighboring countries shall not be stopped by any authority.

8. Use of Aarogya Setu
In order to facilitate timely provision of medical attention to those individuals who are at risk, employers and district authorities have been advised to undertake best effort basis to ensure that Aarogya Setu is installed by all individuals/employees having compatible mobile phones and they regularly update their health status on the app.

9. National Directives for COVID-19 Management:
The Order in its Annexure I has also advised that the national directives for COVID 19 Management be followed throughout the state as follows:

(a) Compulsory wearing of face coverings.

(b) Mandatory Social Distancing of at least 6 Feet.

(i) For marriage related gatherings, number of guests to not exceed 50.

(ii) For funeral related gatherings, number of persons to not exceed 20.

(d) Spitting in public places is punishable with fine as prescribed by the local authorities;

(e) Consumption of liquor, paan, gutka, tobacco etc in public places is prohibited.

(f) Workplace directives:

(i) Work from home to be practised to the extent possible;

(ii) Provision of thermal screening, sanitizer, hand wash to be made at all entry and exit points and common areas;

(iii) Frequent sanitization of all points which come into human contact to be ensured;

(iv) Practising of social distancing by workers is to be ensured by all persons in charge of workplaces.

10. Activities permitted so far by various orders upto the order (Here) dated 19 May 2020The Order under Annexure II has specified that the activities allowed in certain regions as phases under Paragraph (4), above, shall be in addition to the following set of previously permitted activities:

(a) All essential shops which are allowed to remain open before this Order, shall continue to do so.

(b) All non-essential shops will be allowed to continue as per relaxations and guidelines issued before this order and are in operation as per the policy of respective Municipal Corporation. Liquor shops will continue to operate if permitted, home delivery or otherwise.

(d) All the industrial units which are presently open will continue to operate.

(e) All construction sites (Public/Private) which are allowed to remain open and operational. All such pre-monsoon works (Public and Private) which are allowed.

(f) Home delivery restaurants / Kitchen.

(g) On-line/ distance learning and related activities.

(h) Govt Offices at 5% strength or 10 persons whichever is higher.

(i) People’s movement is allowed in following manner:

(i) Two wheeler only essential one rider

(ii) Four Wheeler only essential (1 + 2)

(j) Any other allowed and permitted activity by any specific/general order.

Tags SOCIAL DISTANCING, UNLOCKDOWN

Face masks and hand sanitizers cease to be essential commodities

On 13 March 2020, the Ministry of Consumer Affairs, Food and Public Distribution notified masks (2 ply & 3 ply surgical masks, N95 masks) & hand sanitizers as essential commodities under the Essential Commodities Act, 1955 (Act) up to 30 June 2020.

Under the Act, if the Central Government deems fit, it may, in the interest of public, notify certain commodities as ‘essential’ in order to control the production, supply and distribution of such commodities.
The origins of this Act can be found in the Defence of India Act, 1939 (“DOI Act”) and the Defence of India Rules, 1939 (“DOI Rules”). The DOI Act and the DOI Rules conferred broad discretionary powers on the Government to regulate and prohibit the production, distribution, consumption, movement and disposal of goods notified by the Government and forbid the practice of controlling prices by withholding of goods from the market. The DOI Act and DOI Rules ceased to have force in 1946, but the need to have control over certain commodities to meet inflation and shortages persisted. Therefore, the Essential Supplies (Temporary Powers) Act, 1946 was enacted.[1] Post-independence, keeping in mind the Constitutional principles and safeguards, the Act was enacted in 1955 and is the present legislation that regulates the market for “essential commodities”.
The term ‘essential commodities’ although not defined under the Act refers to the commodities listed in the Schedule of the Act. Until 05 June, 2020 the schedule had 9 commodities.

When an item is enlisted in the Schedule of the Act, the Central Government has the authority vested under Section 3 of the Act, to;

(i) Regulate its manufacture/ production by licenses and permits;

(ii) Control the price at which it is bought and sold;

(iii) Prohibit its withholding from sale;

(iv) Direct any person holding it in stock to sell whole/ part of the stock held;

(v) Regulate its storage, transport, use, consumption and disposal.

On 24 March 2020 the Ministry of Consumer Affairs further issued a control order to regulate the prices of 2 ply and 3 ply masks till 30 June 2020.

Three months into the pandemic, the Ministry of Consumer Affairs, declared that, the 13 March 2020 and 24 March 2020 orders, notifying the masks and sanitizers as essential commodities and regulating their prices, will not be extended beyond 30 June 2020. The reason cited by the Ministry was that, face masks and hand sanitizers are no more essential products as their supply is sufficient in the country and therefore must be kept out of the purview of the Act.

Tags ESSENTIAL SERVICES

Unlockdown 2.0: Ministry of Home Affairs Guidelines

Lockdown measures to contain the spread of COVID-19 has been in force in the country since 24 March 2020.

On 30 May 2020, pursuant to the direction of the National Disaster Management Authority under Section 6(2)(i) of the Disaster Management Act, 2005, the Ministry of Home Affairs (MHA) issued an order enumerating the guidelines for phased re-opening of activities which were prohibited during the lockdown in areas outside the designated containment zones. This order was to remain in force up to 30 June 2020.

On 29 June 2020, with a view to re-open more activities in the country, in a calibrated manner, in areas outside containment zones, the MHA issued the following detailed guidelines. The order has also extended the lockdown in containment zones up to 31 July 2020:

1. Activities permitted outside the Containment Zones:
All activities except the following are permitted:

Schools, colleges, educational and coaching institutions will remain closed till 31 July 2020. Online/ distance learning shall continue to be permitted and shall be encouraged.
Training institutions of the Central and State Governments will be allowed to function from 15 July 2020, for which Standard Operating Procedure (SOP) will be issued by the Department of Personnel & Training (DoPT).
International air travel of passengers, except as permitted by MHA;
Metro Rail;
Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls etc;
Social, political, sports, entertainment, academic, cultural, religious functions and other large congregations.

Domestic flights and passenger trains have already been allowed in a limited manner. Their operations will be further expanded in a calibrated manner.

2. Night Curfew:
(i) Movement of individuals between 9.00pm and 5.00am shall continue to be prohibited throughout the country, except for essential activities, including operation of industrial units in multiple shifts, movement of persons and goods on National and State Highways, loading and unloading of cargo and travel of persons to their destinations after disembarking from buses, trains and airplanes.

(ii) Persons above 65 years of age, persons with co-morbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for essential and health purposes.

3. Lockdown in Containment Zones:
a) The order directs the District Authorities to demarcate the Containment Zones, on due consideration of the guidelines issued by the MoHFW;

b) It also imposes continuation of the lockdown in such zones until 31 July 2020;

c) Only essential activities are to be allowed in the Containment Zones;

d) Strict perimeter control shall be imposed in such zones to ensure that there is no movement of people in and out of these zones, except for medical emergencies and maintenance of supply of essential goods and services;

e) The Order also stipulates intensive contact tracing, house-to-house surveillance, and other clinical interventions.

f) States and UTs may also identify Buffer zones outside the Containment Zones, where new cases are likely to occur. The Order allows the District authorities to exercise their discretion to impose restrictions within such buffer zones.

4. Movement of persons/ goods:
a) No restriction has been placed on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treaties with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements.b) Movement of the following persons are required to adhere to the respective SOPs:

(i) movement of person by train, issued vide Order dated May 11, 2020;

(ii) movement of Indian Nationals stranded outside the country and specified persons to travel abroad, issued vide Order dated May 5, 2020;

(iii) sign-on and sign-off of Indian seafarers, issued vide Order dated April 21, 2020; and

(iv) domestic passenger air travel issued vide Order dated 21 May 2020.

The order also stipulates that the National Directives for COVID-19 Management, as specified in Annexure 1 of the 30 May 2020 order, must continue to be followed throughout the country.

The State/ UTs, based on assessment of the situation, may prohibit certain activities or impose any restrictions as deemed necessary, outside the Containment Zones.

The Ministry of Home Affairs, vide a letter dated 29 June 2020, reiterated to the States and Union Territories to not dilute any of the aforesaid restrictions and guidelines that have been issued.

Tags SOCIAL DISTANCING, UNLOCKDOWN

Latest developments by SEBI on account of COVID-19

Since March 2020, the Securities and Exchange Board of India (SEBI) has relaxed various provisions of rules and regulations for listed entities on account of the pandemic. Recent relaxations include:

(i) Extension of relaxation from compliance to REITs and InvITs.

(ii) SEBI (Substantial Acquisition of Shares and Takeovers) Third Amendment Regulations, 2020.

(iii) SEBI (Issue of Capital and Disclosure Requirments) Third Amendment Regulations, 2020.

(iv) Relaxation in timelines for compliance with regulatory requirements.

(v) Relaxation of time gap between two Board/ Audit Committee meeting of listed entities.

Tags AUTHENTICATION, e-KEY, SEBI

Karnataka High Court on grant of COVID-19 moratorium

The Reserve Bank of India (RBI) notified COVID-19 – Regulatory Package (Circular) on 27 March 2020 which inter-alia, permitted all commercial banks, co-operative banks, all India Financial Institutions and NBFCs to grant a 3-month moratorium on all payment of installments falling due between March 1, 2020 and May 31, 2020. Subsequently, on 22 May 2020, the period of the moratorium was extended by another 3 months by the RBI.

Detailed note on the Circular can be accessed at https://jsacovid19.blogspot.com/2020/04/rbi-instructions-in-light-of-covid-19.html

Followed by the Circular, the Ministry of Finance also issued FAQs on the matter to address the technicalities of the moratorium. However, several ambiguities still persisted in the subject matter, which the Karnataka High Court has addressed in its judgment on 8 July 2020 while ruling on a Writ Petition filed by a borrower.

The Writ Petition was filed by Velankani Information Systems Limited (VISL) engaged in the business of running an information technology park and a 5-star hotel. VISL had availed loan facilities from HDFC Bank, Federal Bank and Aditya Birla Finance to run the business. All 3 banks have a pari passu first charge over the receivables, revenue and rent from the hotel and tech park business.

VISL was forced to shut down its hotel on account of the Covid-19 pandemic causing VISL to approach the banks for grant of the moratorium. Aditya Birla Finance was willing to grant the moratorium. However, as the lending facility was a consortium finance with common securities and pari passu charge, Aditya Birla Finance contended that the grant of the moratorium required the consent of the other two banks. The other banks contended that the Circular issued by RBI was not mandatory in nature and only directory, and hence the discretion of granting the moratorium lies solely with the lending institution.

Ruling on the nature of the Circular, the Court held that, though the Circular is discretionary in nature, as to the power of a bank to grant moratorium or not, it is mandatory for the banks to ensure the continuity of viable businesses, that is, the non-grant of a moratorium should not result in adversely affecting the survival and continuity of a viable business.

Further, the banks have also, in the FAQs on their respective websites, stated that all their customers would be eligible for such moratorium in lines with the Circular.

Therefore, it was held that all borrowers are eligible to seek for a moratorium. If a borrower were to seek for grant of a moratorium on the ground that continuity of its business would be affected and establish the same, the borrower would as a matter of right be entitled to the grant of moratorium so that such continuity is not adversely affected. And all 3 banks, HDFC Bank, Federal Bank and Aditya Birla Finance was directed by the Court to grant moratorium to VISL for the three months from 01 March 2020 to 31 May 2020 and also for the extended period from 01 June 2020 to 31 August 2020.

The Court also directed the RBI to monitor the implementation of the Circular, including verification of whether there are board-approved policies formulated by each of the lenders, direct all the banks to submit the board-approved policies for approval to the RBI, to approve such board-approved policy, verify if such a board-approved policy contains objective criteria, set up a proper and effective grievance redressal forum for any aggrieved borrower to approach on account of the improper or non-implementation of the policy and/or Circular etc.

The High Court order sought to clear the lack of consensus among the banks on the extension of loan moratorium due to lack of clarity from RBI.

This case is also peculiar due to the fact that the Court had allowed a writ of mandamus against private institutions, stating that the enforcement of the Circular involved enforcing a public duty, though it was against a private body.
Ruling in favour of the maintainability of the Writ, the Court held that, as the Circular was issued to protect and preserve the economy of the country on the account of the COVID 19 pandemic, the issuance of the Circular is in the public interest, the interest of the economy and the country.

Tags KARNATAKA

UGC issues revised guidelines for conduct of final year examinations

In order to streamline the impact of lock-downs and social distancing on the conduct of exams, the University Grants Commission of India (UGC), constituted an Expert Committee to deliberate on the issues related to the conduct of examinations and the academic calendar during the pandemic to avoid academic loss to students. The UGC is a statutory body of the Government of India responsible for the coordination, determination and maintenance of standards of teaching, examination and research in university education, in India.

Based on the recommendation of the Expert Committee, the UGC had issued Guidelines on Examinations and Academic Calendar for Universities on 29 April 2020. Under these guidelines it was proposed to conduct examinations in July 2020.

However, in the light of rising COVID-19 cases and the likelihood of it further increasing, the Expert Committee was requested to revisit the guidelines. Pursuant to the recommendations of the committee, on 6 July 2020, UGC issued Revised Guidelines on Examinations and Academic Calendar for the Universities:

The Universities are required to complete terminal semester/ final year examinations for the academic year 2019-2020 by the end of September 2020 in offline/ online/ blended mode.
If a student of terminal semester or final year is unable to appear in the examination, he/she must be given an opportunity to appear in special examinations conducted by the university to ensure that the student is not put to any inconvenience or disadvantage.
The students of terminal semester or final year having backlog should compulsorily be evaluated by conducting exams in offline/ online/ blended mode as per feasibility and suitability.
For intermediate semester/ years guidelines as notified on 29 April 2020 will be applicable.

The Ministry of Home Affairs, keeping in mind the interest of students has agreed to grant an exemption for opening of educational institutions for the purpose of holding final term examinations. Further, the Ministry of the Ministry of Human Resource Development has formulated detailed Standard Operating Procedures for conduct of such examinations, which has been vetted by the Ministry of Health and Family Affairs.

While, the governments of Karnataka and Gujarat have decided to hold university exams pursuant to the UGC Guidelines, some governments such as Maharashtra, Delhi and Orissa have stated that they will not be able to hold exams, and that the guidelines issued by UGC can only be advisory in nature and not mandatory.

Tags KARNATAKA, SOCIAL DISTANCING

Recent measures by the Ministry of Health & Family Welfare to control COVID-19

The Ministry of Health & Family Welfare has recently launched the ‘eBloodServices’ mobile application developed by the Indian Red Cross Society. Other recent significant developments in the sector include:

Release of Advisory for managing healthcare workers in COVID/Non-COVID areas of a hospital;
National Pharmaceutical Pricing Authority to monitor price increase of critical medical equipment;
Release of a ‘guide to address stigma associated with COVID-19’.

To read further details, please click here.

Unlockdown 1.0: Ministry of Home Affairs (MHA) Guidelines

Lockdown measures to contain the spread of COVID-19 has been in force in the country since 24 March 2020.

On 17 May 2020, the Ministry of Home Affairs (MHA), under the orders of the National Disaster Management Authority (NDMA), vide Order No. 40-3/2020-DM-I(A) issued guidelines for the fourth phase of lockdown measures to be taken by the Ministries/ Departments of Government of India, State/ UT Governments and State/ UT Authorities for further containment of COVID-19 in India, which was directed to be in force up to 31 May 2020.

On 30 May 2020, the NDMA, pursuant to Section 6(2)(i) of the Disaster Management Act, 2005, has further directed the MHA to issue orders:

(a) Extending the lockdown in Containment Zones up to 30 June 2020; and
(b) Re-opening prohibited activities in a phased manner in areas outside Containment Zones.

In light of the above, the MHA issued the following guidelines on 30 May 2020 (Order):

Re-opening of activities in areas outside Containment Zones:

The Order primarily permits all activities in areas outside Containment Zones. However, certain specific activities are permitted subject to the Standing Operating Procedures (SOPs) that is to be prescribed by the Ministry of Health and Family Welfare (MoHFW). These specific activities are proposed to be permitted in three phases:

(i) Phase I:

The Order allows the following activities from 8 June 2020:
(a) Religious places and places of worship;
(b) Hotels, restaurants and hospitality services;
(c) Shopping malls.

(ii) Phase II:

Schools, colleges, educational/ training/ coaching institutions etc are proposed to be opened after consultations with States/ UTs, after due deliberations with parents and other stakeholders. Based on such discussions, a decision in this regard is proposed to be taken in the month of July 2020.

(iii) Phase III:

Dates for resuming the following activities is proposed to be decided based on evaluation of the extent of spread and containment of the situation:
(a) International air travel of passengers, except as permitted by MHA;
(b) Metro Rail;
(c) Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls etc;
(d) Social, political, sports, entertainment, academic, cultural, religious functions and other large congregations.

The State/ UTs, based on assessment of the situation, may prohibit certain activities or impose any restrictions as deemed necessary, outside the Containment Zones.

Lockdown in Containment Zones:

(a) The Order directs the District Authorities to demarcate the Containment Zones, on due consideration of the guidelines issued by the MoHFW;
(b) It also imposes continuation of the lockdown in such zones until 30 June 2020;
(c) Only essential activities are to be allowed in the Containment Zones;
(d) Strict perimeter control shall be imposed in such zones to ensure that there is no movement of people in and out of these zones, except for medical emergencies and maintenance of supply of essential goods and services;
(e) The Order also stipulates intensive contact tracing, house-to-house surveillance, and other clinical interventions.
(f) States and UTs may also identify Buffer zones outside the Containment Zones, where new cases are likely to occur. The Order allows the District authorities to exercise their discretion to impose restrictions within such buffer zones.

Movement of Persons and goods:

(a) The Order prohibits restriction on inter-State and intra-State movement of persons and goods. Separate permissions/ approvals as previously required for any such movements is not presently applicable.
(b) If a State/ UT, based on its assessment of the situation on account of public health reasons, proposes to regulate movement of persons, it may do so, by providing adequate publicity in advance of such regulations and procedures to be followed.
(c) States / UTs are also prohibited from restricting movement of any type of goods/ cargo for cross land-border trade under Treaties with neighbouring countries.
(d) Movement of the following persons are required to adhere to the respective SOPs:
(i) movement of person by train, issued vide Order dated May 11, 2020;
(ii) movement of Indian Nationals stranded outside the country and of specified persons to travel abroad, issued vide Order dated May 5, 2020;
(iii) sign-on and sign-off of Indian seafarers, issued vide Order dated April 21, 2020; and
(iv) domestic passenger air travel issued vide Order dated 21 May 2020.

Other restrictions:

(i) Movement of individuals between 9.00pm and 5.00am shall continue to be prohibited throughout the country, except for essential activities.
(ii) Persons above 65 years of age, persons with co-morbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for essential and health purposes.

National Directives for COVID-19 Management:

The Order in its Annexure I has also issued revised directives to be followed throughout the country:

(i) Compulsory wearing of face cover in public places;
(ii) Maintenance of minimum distance of 6 feet in public places;
(iii) Shops to ensure physical distancing and prohibit entry of more than 5 persons at one time;
(iv) Large public gatherings are prohibited.
a) For marriage related gatherings, number of guests to not exceed 50.
b) For funeral related gatherings, number of persons to not exceed 20.
(v) Spitting in public places is punishable with fine as prescribed by the local authorities;
(vi) Consumption of liquor, paan, gutka, tobacco etc in public places is prohibited.
(vii) Workplace directives:
a) Work from home to be practised to the extent possible;
b) Staggering of work/ business hours to be followed in workplaces, shops, offices, markets, industrial and commercial establishments;
c) Provision of thermal screening, sanitizer, hand wash to be made at all entry and exit points and common areas;
d) Frequent sanitization of all points which come into human contact to be ensured;
e) Practising of social distancing by workers is to be ensured by all persons in charge of workplaces.

Tags SOCIAL DISTANCING, UNLOCKDOWN

Unlockdown 1.0 – Telangana Guidelines

The government of Telangana vide its Order dated 31st May 2020 decided that in the areas outside the Containment Zones, the lockdown orders, which are currently in force, as per G.O. Ms. No. 68 dated 18th May 2020, shall stand extended till 7th June 2020 with the following modifications:

a) Restriction on movement of persons (other than for accessing emergency medical care) shall apply from 9 p.m. to 5 a.m.

b) No shops/establishments, except hospitals and pharmacies, will remain open after 8 p.m.

c) There shall be no restriction on inter-state movement of persons. No separate permission will be required for such movements.

In respect of Containment Zones, provisions of lockdown order, which are currently in force as per G.O. Ms. No. 68 dated 18th May 2020, shall stand extended till 30th June 2020.

The G.O. Ms. No. 68 dated 18th May 2020, inter alia, provided the following:

A. The following activities shall be permitted:

(i) Intra-state movement of buses and other passenger vehicles is permitted, except in GHMC area.

(ii) Restaurants will be permitted to operate for take away/home delivery only.

(iii) Barber shops, spas, and saloons are permitted to open with strict safety measures like masks, gloves, distancing, regular cleaning with disinfectant.

(iv) Taxis, cab aggregators and auto rickshaws shall be permitted to operate. However, taxis and cabs shall take a maximum of three passengers excluding the driver and auto-rickshaws shall take maximum two passengers in addition to the driver. They shall, however, maintain proper sanitation and both the passengers and the driver shall wear masks. Restriction on pillion riders on two wheelers is relaxed.

(v) All shops are permitted to be opened. However, in GHMC area, all shops will function on alternate days in such a way that no two adjacent shops shall remain open on the same day.

(vi) E-commerce shall be permitted for all commodities.

(vii) Marriage related gathering shall ensure social distancing, and the maximum number of guests allowed shall not be more than 50.

(viii) Funeral/last-rites related gathering shall ensure social distancing, and the maximum numbers allowed shall not be more than 20.

B. The following activities shall continue to be strictly prohibited:

(i) Domestic and international air travel of passengers.

(ii) Metro rail services.

(iii) Inter-state movement of buses and other passenger vehicles.

(iv) Passenger train operations except special trains for stranded persons.

(v) All schools, colleges, educational/coaching/training institutes, etc.

(vi) Hospitality services like hotels, lodges, etc. except those accommodating health, police, government functionaries and stranded persons etc.

(vii) Bars, pubs, cinema halls, theatres, shopping malls, gyms, swimming pools, sports complexes, amusement and zoo parks, museums, auditoriums, etc.

(viii) All gatherings such as for social, political, sports, entertainment, academic and cultural purposes etc.

(ix) All religious places and places of worship etc. for public, all religious congregations.

C. Night curfew shall continue to be in place, i.e. no movement of any persons shall be permitted for any purpose other than accessing emergency medical care during the period from 7 p.m. to 7 a.m.

D. Inter-state movement of all types of goods/cargo including empty trucks shall be permitted.

E. All industries and construction activities shall be permitted in all areas.

F. All private offices and government offices shall function without any restrictions. They shall, however, follow the SOP issued for running of offices.

G. All shops, establishments and offices shall follow regular sanitation measures, ensure use of masks by one and all, proper distancing and avoid crowding to ensure that there is no spread of the coronavirus.

H. Containment zones shall be identified as per norms and strict perimeter control shall be ensured so that there is no movement of people in and out of these areas except for medical emergencies and maintaining supply of essential goods and services.

I. Persons above 65 years of age, persons with co-morbidity, pregnant women and children below the age of 10 years, shall stay at home, except for essential and health purposes.

The order, further stated that all the restrictions prescribed in G.O.Ms.No.64, dated 7th May 2020 shall continue to be in force unless specifically modified by G.O. Ms. No. 68 dated 18th May 2020.

Tags SOCIAL DISTANCING, UNLOCKDOWN

Unlockdown 1.0 – Karnataka Guidelines

Pursuant to the order issued by the Ministry of Home Affairs (“MHA”), Government of India bearing No. 40-3/2020-DM-I(A) dated 17 May 2020 on extension of lockdown till 31 May 2020 and guidelines on lockdown measures, the Karnataka State Government vide order No. RD 158 TNR 2020, dated 18 May 2020 issued guidelines on lockdown measures to contain the spread of COVID-19 in the state of Karnataka which was in force from 18 May 2020 to 31 May 2020. A brief overview of the said order issued by the Karnataka State Government can be accessed here.

Subsequently, the Ministry of Home Affairs, Government of India issued an order dated 30 May 2020 bearing No. 40-3/2020-DM-I(A) (“Order”) on the extension of lockdown in the containment zones upto 30 June 2020 and on re-opening of prohibited activities in a phased manner in areas outside containment zones. The guidelines on lockdown measures shall remain in force upto 30 June 2020.

Pursuant to the said Order and in exercise of the powers conferred under the Disaster Management Act, 2005, the Karnataka State Government has issued updated guidelines dated 30 May 2020 vide order no. RD 158 TNR 2020, on the lockdown measures which will come into effect immediately and be valid till 30 June 2020 (“Karnataka Order”). The Karnataka Order can be accessed here.

1. Phased re-opening of areas outside Containment Zones:

The Karnataka Order primarily permits all activities in areas outside Containment Zones. However, certain specific activities are permitted subject to the Standing Operating Procedures (“SOPs”) that are to be prescribed by the Ministry of Health and Family Welfare (“MoHFW”). These specific activities are proposed to be permitted in three phases:

(i) Phase I:

The Karnataka Order allows the following activities from 08 June 2020 onwards:

(a) Religious places/places of worship;

(b) Hotels, restaurants and hospitality services; and

(ii) Phase II:

Schools, colleges, educational/ training/ coaching institutions etc. are proposed to be opened after consultations with parents and other stakeholders. Based on such discussions, a decision in this regard is proposed to be taken in the month of July 2020.

(iii) Phase III:

Dates for resuming the following activities is proposed to be decided based on evaluation of the extent of spread and containment of the situation:

(a) International air travel of passengers, except as permitted by MHA;

(b) Metro Rail;

(d) Social, political, sports, entertainment, academic, cultural, religious functions and other large congregations.

2. National Directives for COVID-19 Management:

The National Directives for COVID-19 Management, as annexed to the Karnataka Order in its Annexure I shall continue to be followed throughout the State.

(a) Compulsory wearing of face cover in public places, workplaces and during transport. In the event of any non-compliance in this regard, a fine of INR 100 in rural areas and INR 200 in urban areas shall be imposed;

(b) Maintenance of minimum distance of 6 feet in public places;

(d) Large public gatherings are prohibited.

(e) For marriage related gatherings, number of guests to not exceed 50.

(f) For funeral related gatherings, number of persons to not exceed 20.

(g) Spitting in public places is punishable with fine as prescribed by the local authorities;

(h) Consumption of liquor, paan, gutka, tobacco etc. in public places is prohibited.

(i) Workplace directives:

i. Work from home to be practiced to the extent possible;

ii. Staggering of work/ business hours to be followed in workplaces, shops, offices, markets, industrial and commercial establishments;

iii. Provision of thermal screening, sanitizer, hand wash to be made at all entry and exit points and common areas;

iv. Frequent sanitization of all points which come into human contact to be ensured;

v. Practicing of social distancing by workers is to be ensured by all persons

in charge of workplaces.

3. Night Curfew:

Movement of individuals between 9.00pm and 5.00am shall continue to be prohibited throughout the State, except for essential activities. In this regard, the local authorities have been directed to issue orders in the entire area of their jurisdiction and ensure strict compliance.

4. Lockdown in Containment Zones:

(a) The Karnataka Order directs the District Authorities to demarcate the Containment Zones, on due consideration of the guidelines issued by the MoHFW, Government of Karnataka;

(b) It also imposes continuation of the lockdown in such containment zones until 30 June 2020;

(d) Strict perimeter control shall be imposed in such zones to ensure that there is no movement of people in and out of these zones, except for medical emergencies and maintenance of supply of essential goods and services. The Karnataka Order also stipulates intensive contact tracing, house-to-house surveillance, and other clinical interventions.

(e) District Authorities/ BBMP may also identify Buffer zones outside the Containment Zones, where new cases are likely to occur. Further, the Karnataka Order allows the District authorities to exercise their discretion to impose restrictions within such buffer zones.

5. Unrestricted Movement of Persons and goods:

(a) The Karnataka Order allows inter-State and intra-State movement of persons and goods without any restriction. No separate permission / approvals / e-permits will be required for any such movements.

(b) Based on its assessment of the situation on account of public health reasons, separate orders will be issued by the MoHFW, Government of Karnataka, regarding inter-state movement of persons to Karnataka.

(c) SOPs are required to be adhered to with respect to the movement of person by passenger train and Shramik special train, domestic passenger air travel, movement of Indian Nationals stranded outside the country and of specified persons to travel abroad, evacuation of foreign nationals, and sign-on & sign-off of Indian seafarers.

6. Protection of vulnerable persons:

Persons above 65 years of age, persons with co-morbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for essential and health purposes.

7. Use of Aarogya Setu:

Employers should on best efforts basis, ensure that the Arogya Setu app is installed by all employees having compatible mobile phones. District authorities and BBMP may also advise individuals in this regard.

8. Strict implementation of the Order:

(a) The District Authorities/BBMP have been directed to not dilute the Order in any man;

(b) Further, all Deputy Commissioners/ Commissioners of BBMP have been directed to strictly enforce the measures mentioned above.

9. Penal Provision:

Any person violating these measures, shall be liable to be proceeded against as per the provisions of Section 51 to 60 of Disaster Management Act, 2005; besides legal action under Section 188 of Indian Penal Code and other applicable provisions.