Case BriefsCOVID 19High Courts

Rajasthan High Court: A Division Bench of G R Moolchandani and Narendra Singh Dhaddha, JJ.

Ashish Davessar, Advocate submitted that while enforcing the nationwide lockdown, general masses were being maltreated and beaten, despite complaints to authorities no remedial steps were taken.

Further he asked for the respondents to be directed that,

if the lawful authority is not being obeyed, then legal recourse be taken against the law and rule breakers and they be not beaten and the errants be deterred from perpetrating such brutality.

“while fighting with the outbreak of calamity, no harm is to be caused to the public, rather transgression of law needs to be taken care of in accordance with law.”

Thus in view of the above, bench stated that they came across several news items regarding the exemplary work being done by the police authorities.

Further they stated that, respondents need to be given an opportunity to reply as to what steps and actions have been taken to safeguard the citizens and to ensure that no unlawful manhandling, canning and spanking, which is not permissible under law is perpetrated.

Notice to be issue to respondents for the same.

Matter is to be listed on 07-04-2020. [Ashish Davessar v. State of Rajasthan, D.B. Civil Writ Petition No. 5124 of 2020, decided on 31-03-2020]

Case BriefsCOVID 19High Courts

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Siddhartha Verma, J. had issued certain direction earlier in order to meet the eventualities occurring as a consequence to lockdown.

Bench has further directed that in view of the above that,

the period of twelve months for requiring the award to be made under Arbitration and Conciliation Act, 1996 other than in International Commercial Arbitration is to be extended.

Thus the bench stated that,

Accordingly, it is directed that if in any arbitral proceedings the pleadings under sub-section (4) of Section 23 of the Act have been completed and the period of twelve months has expired or is going to be expired on or after 25th March, 2020 then the same stands extended upto 25th May, 2020.

Further the Court also noted that that prior to lockdown several release orders were granted but due to non-availability of sureties they have not been released. Therefore, looking at the same, Bench stated that,

“…all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release.” [In re  State of U.P. (Suo Motu), PIL No. 564 of 2020, decided on 06-04-2020]

COVID 19Hot Off The PressNews

The Ministry of Tourism, Govt. of India has launched portal www.strandedinindia.com on 31st March 2020, with a view to identify, assist and facilitate foreign tourists who are stranded in various parts of India due to the lockdown situation necessitated by the COVID-19 global pandemic.

Such tourists would need to log on to the portal, provide some basic contact information and narrate the nature of issues being faced by them, if any.

In the first 5 days of its operation, 769 foreign tourists from all over the country registered on the portal.

Every State Government and Union Territory Administration has identified a Nodal Officer for assisting such foreign tourists.

The 5 Regional Offices of the Ministry of Tourism are constantly coordinating with the Nodal Officers regarding the Support Requests logged on the portal, for facilitating ground support to the foreigners, if so required. The Tourism Ministry Regional Offices are also coordinating with the Bureau of Immigration and FRROs regarding Visa issues being faced by stranded foreigners. Requests for movement within the country/ state and for transfer to home country of such tourists are also being coordinated with the Ministry of External Affairs, Ministry of Home Affairs and with the respective Embassy/ High Commission/ Consulate.

The utility and efficacy of the portal has led to stranded foreign tourists being contacted over e-mails, telephones and also in person depending on the nature of support required by them. They have been connected with the relevant foreign office of their home country in India and provided various information updates on flights out of India to their home countries. Wherever required, they have been provided medical assistance, food and accommodation.

A lady, who is an American citizen, was stranded in Supaul district of Bihar amidst the COVID19 lockdown, while her son was undergoing a surgery at Delhi. The portal facilitated the required inter-ministerial, inter-departmental and State-Centre coordination and secured her a special transit-permit to travel to Delhi. She has safely reached her destination and expressed her gratitude for the efforts put in by all the concerned agencies.

Two Costa Rican citizens, who had come to Chennai for a surgery (medical tourism), were stranded at Chennai after the surgery. Close coordination with the State Government, the Costa Rican Embassy and the hotel in which the tourists were staying helped in soothing the frayed and panicked nerves of the tourists. They are now safe and well.

An Australian tourist with his family was stranded in Ahmedabad. The tourist has epilepsy and ran out of medication prescribed by Australian doctors due to the lockdown. The portal led to the tourist being reached through the office of the District Collector. He was provided with sufficient medication and was also offered food and local transportation. Now, they are comfortable and safe.

The above are just a few of the many occasions in which the portal helped many foreigners in getting critical assistance at a crucial time. In the coming days, the portal will continue to serve its purpose and the Government are committed to the cause of ensuring the comfort and well being of our foreign guests during their stay in India.

That is the spirit of “Atithi Devo Bhava”, the mantra that drives Incredible India!


Ministry of Tourism

[Press Release dt. 06-04-2020]

[Source: PIB]

Case BriefsCOVID 19High Courts

Jammu and Kashmir High Court: A Division Bench of Gita Mittal, CJ and Rajnesh Oswal, J. flagged certain important issues with regard to the present situation of pandemic COVID-19.

Healthcare Personnel

Personnel engaged in treatment of COVID-19 patients and prevention of the infection would be working beyond the call of their routine duties and also overtime. Administration may have accounted for such a contingency.

If the above has not been done, the administration may consider the possibility of running 24 hours canteens/kitchens in al hospitals/institutions to enable provision of the necessities of the healthcare and other personnel engaged in addressing the COVID-19 issues.

Secretary, Department of Health and Medical Education look into this matter and submit a report.

In order to ensure the full attention of the personnel addressing COVID-19 issues, it is necessary that they be kept free of any personal tensions and needs.

Thus in above view it is a necessity to create a network/body of person who would attend to the needs of the family members/dependents of all personnel attending COVID-19 issues.

Direction is issued to the Secretary, Department of Social Welfare to examine and take a decision on creation of machinery for addressing the said aspect.

Lockdown

It is essential to be prepared for the possibility of a partial or a full removal of the lockdown restrictions; Preparedness of public about permissible conduct upon removal of restrictions (partial or complete); progression of the COVID-19 virus infection and life of the virus; possibility of carriers existing and infecting despite the lockdown and all related information is required.

Thus, Secretary, Health and Medical Education Department; Secretary, Social Welfare Department; Director, Information Department; Member Secretary, JK State Legal Services Authority  is directed to immediately take such appropriate action as may be required on the above.

Personal Protection Equipments

Complaints about dearth of safety kits for healthcare have been received by the Court.

Thus , Health and Medical Education shall inform this court with regard to availability of personal protection equipments for the safety of all healthcare workers.

Jammu and Kashmir Suspension of Sentence Rules, 2020

Court has asked for the urgent implementation of the above rules for grant of special parole to prisoners.

Additional Secretary to the Government, Sajad Amin Shah stated that directions have been issued to the IGP (Jammu), IGP (Kashmir) and IGP (Ladakh) to ensure that complete safety and security is provided to the personnel who are serving at all government facilities.

One of significant issue noted by the Court was that of incidents of violence against healthcare professionals.

In the current situation, medical, nursing as also paramedical students may be roped in for assisting the efforts. Violence includes not only acts against these personnel but also damage to hospitals, clinics, ambulances etc.

Judicial notice can be taken of the fact that such violence is not new. 

Such violence at this time highlights dangerous consequences which can result as huge spread of the COVID-19 infection; imperil lives of healthcare personnel as also damage to public property earmarked as at present to meet the needs of the COVID-19 infection.

Pandemic and current crisis brings to the fore the critical issue of addressing the issues of violence to healthcare personnel and damage to the property of healthcare establishments.

Court notes that 19 states have enacted their own specific laws addressing violence against healthcare professionals and establishments specifically.

Bench was pained to note that such critical matter being randomly addressed and 19 legislation already in existence in separate States with reports on matter showing hardly any prosecutions.

Further the Court stated that,

these matters would need critical attention of the Central Government as well as the Governments of Union Territories of Jammu and Kashmir and Ladakh.

Possible impact of pollen/seeds with cotton fluffs released by poplar trees in Kashmir valley.

It was submitted that this pollen remains in air for between 25-30 days and created havoc so far as respiratory diseases were concerned.

It may also have the potential to hold the COVID-19 virus and resulted in aggravation of spread of this infection as well.

The above-said aspect is to be examined by Secretary, health and medical Education.

Pilgrims allegedly stranded at Katra

Bench was informed that so far as 400 stranded pilgrims from Bihar were concerned, these persons were camping at Shiv Market/Shiv Temple opposite Jammu Tawi Railway Station at Jammu and not in Katra.

Local administration had shifted these persons to an Ashram at Jammu. Boarding and lodging of these pilgrims/persons was to be taken care of by the District administration.

According to the Shrine board, no single Yatri is stranded at Katra now.

Bench also placed a word of appreciation on the unstinted efforts of Government of Union Territory of Jammu and Kashmir and Ladakh on COVID-19 issues.

Matter has been listed on 10-04-2020. [Azra usmail v. UT of J&K, WP (C) PIL No. 4 of 2020, decided on 03-04-2020]

COVID 19Legislation UpdatesNotifications

G.S.R. 237(E).—In exercise of the powers conferred by clause (ivc) of sub-section (2) of section 32 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994), the Central Government hereby suspends, the implementation of Rule 8, Rule 9(8) and Rule 18A(6) of the Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules,1996 until June 30, 2020 , in view of the emergency situation arisen due to pandemic COVID-19, whereby entire country has been put under lockdown.

The unprecedented scenario due to COVID-19 pandemic outbreak has made compliance of Rule 8, Rule 9(8) and Rule 18A (6) of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules 1996 difficult, leading to the necessity of issuing this notification, which will have retrospective effect. i.e. from the date of the lockdown, till June 30, 2020.


Ministry of Health and Family Welfare

[Notification dt. 04-04-2020]

COVID 19Hot Off The PressNews

In continuation of the directions issued vide Office Order No. 157/ RG/DHC/2020 dated 23.03.2020, this Court shall continue hearing extremely urgent matters through videoconferencing, till further orders.

Besides continuing with the steps listed in the said office order, it is further clarified as follows:

1) Mentioning of urgent matters shall continue before the designated Registrars/Joint Registrars, as before.

2) Mentioning is permitted only by the “Counsel on record “.

3) The timings fixed for said purpose may be adhered to.

4) Wherever any request for urgent mentioning is declined by the designated Registrar/Joint Registrar, the concerned “Counsel on record ” shall have an option to re-submit the same for consideration by this Court through a clickable link http://164.100.68.118:8080/DHC_FILING/

5) The aforesaid link shall be available on all working days from 12 Noon to 2.00 pm.

6) Urgency must be explained by uploading a pdf file comprising of one page (not more than 5 MB in size).

7) All the mandatory fields mentioned in said link must be filled up, failing which, the said request will not be processed.

8) If on reconsideration, the matter is found to be of an extremely urgent nature, the concerned Registrar shall immediately inform all concerned about the date and time of listing.

9) Only soft copies of the documents shall be entertained & they may be forwarded to the designated email.

10) In view of the prevailing circumstances, an application shall be submitted with a prayer for exemption from filing duly affirmed affidavit(s) along with an undertaking to pay the court fees/deficit court fees which shall be deposited within 72 hours from the date of resumption of the regular functioning of this Court.

11) Hearing in all such matters shall be conducted through videoconferencing which can be joined by the concerned counsel from their respective residences/offices, as is already being done.


Delhi High Court

[Notice dt. 04-04-2020]

COVID 19Hot Off The PressNews

In response to queries being raised with regard to exemption of specific services under the Consolidated Guidelines on lockdown measures to fight COVID-19 issued by Ministry of Home Affairs (MHA), the Union Home Secretary has written to States specifying the details of such services being exempted under the above restrictions.

In the communication to States, Specific Services exempt under lockdown restrictions are broadly as follows:

  •  direct marketing of agricultural produce
  •  food & nutrition support to children, women, lactating mothers by Anganwadi workers
  •  medical services & drug manufacturing under AYUSH category

Click Here to see Communication to States with specific details of exempt categories


Ministry of Home Affairs

[Press Release dt. 02-04-2020]

[Source: PIB]

COVID 19Hot Off The PressNews

The Department of Financial Services, Ministry of Finance had issued detailed guidelines on disbursal of money to beneficiaries of Pradhan Mantri Garib Kalyan Yojana (PM-GKY) through banks, during 21-day lockdown to fight COVID-19.

In pursuance of these guidelines, Secretary, Union Ministry for Home Affairs (MHA), Ajay Kumar Bhalla has written to all States/UTs requesting them to take all necessary measures to ensure smooth disbursal of money to the beneficiaries of PM-GKY, while observing norms of social distancing.

The Departments concerned of State Government/UT Administration, District authorities and field agencies may be informed about the guidelines for strict compliance, the communication stated

Click here to see Communication to States


Ministry of Home Affairs

[Press Release dt. 02-04-2020]

[Source: PIB]

COVID 19Hot Off The PressNews

Union Ministry for Home Affairs (MHA) had issued consolidated guidelines on lockdown measures to be taken by the Ministries/Departments of Government of India and States/UTs Governments/Administrations, so as to break the chain of transmission of the COVID-19 in the country.

MHA had earlier written to all States requesting them to strictly implement lockdown measures in letter and spirit, by exercising their powers under the Disaster Management Act, 2005, to fight COVID-19.

Reiterating the message, Union Home Secretary, Shri Ajay Kumar Bhalla, has written to all States to widely publicize among the authorities and public, the penal provisions under the DM Act and IPC regarding violations of lockdown measures, to fight COVID-19. It has been stressed that strict action must be taken by authorities on violators of lockdown measures

Click here to see Communication to States

Click here to see Penal Provisions


Ministry of Home Affairs

[Press Release dt. 02-04-2020]

[Source: PIB]

COVID 19Legislation UpdatesRules & Regulations

G.S.R. 229 (E) .—In exercise of powers conferred by sub-sections (1) and (5) of section 64VB of the Insurance Act, 1938, the Central Government hereby makes the following rules further to amend the Insurance Rules, 1939, namely:-

1. (1) These rules may be called the Insurance (Amendment) Rules, 2020.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Insurance Rules, 1939, in rule 59, after clause (n), the following clauses shall be inserted, namely:-

“(o) Motor vehicle third party insurance policies. – In the case of renewal of motor vehicle third party insurance policies falling during the period of lockdown due to outbreak of COVID-19 pandemic, the risk may be assumed subject to the condition that the premium shall be paid within such time as the Central Government may, by notification, specify in this behalf;

(p) Health insurance policies.- In the case of renewal of health insurance policies falling during the period of lockdown due to outbreak of COVID-19 pandemic, the risk may be assumed subject to the condition that the premium shall be paid within such time as the Central Government may, by notification, direct in this behalf.”


Ministry of Finance

[Notification dt. 01-04-2020]

COVID 19Legislation UpdatesNotifications

In view of the unprecedented situation arising out of country-wide lockdown declared by the Government consequent to the outbreak of COVID-19, it is clarified that the central Government employees who are attaining the age of superannuation on 31st March, 2020 in terms of Fundamental Rule 56 and due to retire, shall retire from Central Government service on 31st March, 2020, irrespective of whether they are working from home or working from office.


Ministry of Personnel, Public Grievances & Pensions

[Press Release dt. 31-03-2020]

[Source: PIB]

Case BriefsCOVID 19Supreme Court

“We expect those concerned to appreciate the trepidation of the poor men, women and children and treat them with kindness.”

Supreme Court: The Central government has filed a status report in the Supreme Court on a petition seeking directions to provide basic amenities like food, water and shelter to the migrant workers across the country in the wake to coronavirus lockdown.

Yesterday, the bench of S A Bobde, CJ and L Nageswara Rao, J had sought a status report from the Centre on the measures taken in view of the large-scale migration of labourers from cities to their native villages amid the coronavirus outbreak and the consequent lockdown across the country. The Court is hearing the petition filed by advocate Alakh Alok Srivastava through video conferencing.

The report filed by Solicitor General Tushar Mehta stated that various measures have been taken by the Central Government in dealing with the needs of the lower strata of the society by providing basic amenities viz., food, clean drinking water, medicines, etc. SG submitted that that

SG also mentioned that the exodus of migrant labourers was triggered due to panic created by some fake/misleading news and social media. The labourers who are unemployed due to lock down were apprehensive about their survival. Panic was created by some fake news that the lock down would last for more than three months. The Centre, hence, sought direction to prevent fake and inaccurate reporting whether intended or not, either by electronic print or social medial which will cause panic in the society.

In order to ensure that the migrant labourers are being shifted to nearby shelters/relief camps from place they were found to be walking and basic amenities being provided to them, the Union of India has sought a direction to the State Governments and the Union Territories to implement the directions issued by the Central Government.

After considering the submissions and the status report, the Court said that it was satisfied with the steps taken by the Union of India for preventing the spread of Corona Virus [COVID 19] at this stage, however, it was not possible for it to overlook the menace of fake news either by electronic, print or social media which has caused untold suffering to those who believed and acted on such news. In fact, some have lost their lives in the process.

Asking Media to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated, the Court said,

“We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments.”

A daily bulletin by the Government of India through all media avenues including social media and forums to clear the doubts of people is to be made active within a period of 24 hours.

Gist of the Status Report filed by the Centre:

  • circular issued by the Ministry of Home Affairs on 29.03.2020 has been implemented by the various State Governments/Union Territories.
  • mass migration has stopped according.
  • All the migrant labourers who were on the road have been shifted to relief camps/shelter homes which are set up at various points in each State/Union Territory.
  • 6,66,291 persons have been provided shelters and 22,88,279 persons have been provided food
  • 21,064 relief camps have been set up by various State Governments/Union Territories where the migrant labourers have been shifted and they are being provided with basic amenities like food, medicines, drinking water, etc.
  • Directions are being complied with by the concerned District Collectors/Magistrates.
  • a daily bulletin by the Government of India through all media avenues including social media and forums to clear the doubts of people to be made active within a period of 24 hours.
  • within 24 hours the Central Government will ensure that trained counsellors and/or community group leaders belonging to all faiths will visit the relief camps/shelter homes and deal with any consternation that the migrants might be going through. This shall be done in all the relief camps/shelter homes wherever they are located in the country.

[Alakh Alok Srivastava v. Union of India, 2020 SCC OnLine SC 345, order dated 31.03.2020]

COVID 19Legislation UpdatesNotifications

The Insolvency and Bankruptcy Board of India (IBBI) amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) on 29-03-2020.

2. Government of India has declared a lockdown of twenty-one days with effect from 25th March, 2020 as a measure to combat and contain the spread of COVID-19. It is difficult for the insolvency professionals to continue to conduct the process, for members of committee of creditors to attend the meetings, and for prospective resolution applicants to prepare and submit resolution plans, during the period of lockdown. Therefore, it may be difficult to complete various activities during a corporate insolvency resolution process within the timelines specified in the CIRP Regulations.

3. To address this difficulty, the IBBI amended the CIRP Regulations to provide that the period of lockdown imposed by the Central Government in the wake of COVID-19 outbreak shall not be counted for the purposes of the time-line for any activity that could not be completed due to the lockdown, in relation to a corporate insolvency resolution process. This would, however, be subject to the overall time-limit provided in the Code.

4. The amended regulations are effective from 29-03-2020. These are available at www.mca.gov.in and www.ibbi.gov.in.


Insolvency and Bankruptcy Board of India

[Press Release dt. 29-03-2020]

COVID 19Hot Off The PressNews

Upon requests for urgent listing of cases having been made telephonically to Registrar of this Appellate Tribunal from various persons, who were unable to physically file the same on account of complete lockdown declared by Government with effect from 25th March, 2020.

In view of the above, Bench comprising of Justice Bansi Lal Bhat (Actg. Chairperson) and Justice Anant Bijay Singh] Member (Judicial) and Dr Ashok Kumar Mishra] Member (Technical) takes suo moto cognizance of the unprecedented situation arising out of spread of COVID19 virus declared a pandemic.

Having regard to the hardships being faced by various stakeholders as also the legal fraternity, which go beyond filing of Appeals/ cases, which has already been taken care of by the Hon’ble Apex Court by extending the period of limitation with effect from 15th March, 2020 till further order/s in terms of order dated 23rd March, 2020 in Suo Motu Writ Petition (Civil) No(s).03/2020, inasmuch as certain steps required to be taken by various Authorities under Insolvency and Bankruptcy Code, 2016 or to comply with various provisions and to adhere to the prescribed timelines for taking the ‘Resolution Process’ to its logical conclusion in order to obviate and mitigate such hardships, this Appellate Tribunal in exercise of powers conferred by Rule 11 of National Company Law Appellate Tribunal Rules, 2016 r/w the decision of this Appellate Tribunal rendered in “Quinn Logistics India Pvt. Ltd. v. Mack Soft Tech Pvt. Ltd. in Company Appeal (AT) (Insolvency) No.185 of 2018” decided on 8th May, 2018 do hereby order as follows: –

(1) That the period of lockdown ordered by the Central Government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the Corporate Debtor may be located, shall be excluded for the purpose of counting of the period for ‘Resolution Process under Section 12 of the Insolvency and Bankruptcy Code, 2016, in all cases where ‘Corporate Insolvency Resolution Process’ has been initiated and pending before any Bench of the National Company Law Tribunal or in Appeal before this Appellate Tribunal.

(2) It is further ordered that any interim order/ stay order passed by this Appellate Tribunal in anyone or the other Appeal under Insolvency and Bankruptcy Code, 2016 shall continue till next date of hearing, which may be notified later.

The above order is to be circulated to all all benches of NCLT, New Delhi.

In Re Competition Act, 2002, this Appellate Tribunal do hereby order as follows: –

(1) That interim direction / stay order passed in all competition Appeals shall continue until further order.

(2) In the event of expiry of period of Fixed Deposits, the concerned bank shall renew the same for further period of six months.

In Re National Company Law Appellate Tribunal Rules, 2016 do hereby order as follows: –

(1) It is ordered that any interim order/ stay order passed by this Appellate Tribunal in anyone or the other Appeal under the Companies Act, 2013 shall continue till next date of hearing, which may be notified later.

[Suo Moto – Company Appeal (AT) (Insolvency) No. 01 of 2020, Order dt. 30-03-2020]

COVID 19Hot Off The PressNews

Supreme Court:  A bench of Chief Justice S A Bobde and Justice L Nageswara Rao has sought a status report from the Centre by Tuesday on the measures taken in view of the large-scale migration of labourers from cities to their native villages amid the coronavirus outbreak and the consequent lockdown across the country.

The court observed that the migration of labourers out of panic and fear is becoming a bigger problem than the coronavirus. It said the court would not create more confusion by issuing directions on measures that the government is already taking to deal with the issue.

The bench took up two separate PILs filed by advocates Alakh Alok Srivastava and Rashmi Bansal on the issue of migration of labourers through video-conferencing and said that before passing any direction, it would like to wait for the status report from the Centre.

Solicitor General Tushar Mehta, appearing for the Centre, said the migration of labourers needs to be stopped to prevent the spread of the virus and the Centre as well as the states concerned have taken the requisite steps to deal with it.

The bench posted the matters for hearing on Tuesday.

(Source: PTI)

COVID 19Hot Off The PressNews

In continuation of Notifications No.49,50,51 and 53 of the High Court of Manipur issued to combat the pandemic spread of Corona Virus (COVID -19 )and in compliance of Order dated 23.3.2020 of the Hon’ble Supreme Court in S.M.W.P (Civil) No.(s) 3/2020: IN RE — COGNIZANCE FOR EXTENSION OF LIMITATION and considering the prevalent situation, particular|y in view of the declaration of 21 days total National LOCKDOWN w.e.f. 25th March, 2020 by the Government of India, the Hon’ble Chief Justice is pleased to issue the following directions:

i) The normal sitting of the High Court and the District Courts is hereby suspended from 01.04.2020 to 14.4.2020.

i) In case of matter of extreme urgency, the Division Bench and Single Bench will be constituted on an appropriate request by counsel or party as per direction of the available senior most Judge.‘

iii) As regards the District Courts, the following directions are issued, which shall come into effect immediately:-

a) The respective District & Sessions Judges shall prepare a roster of Judicial Officers for dealing with remand matters, bail and urgent Civil & Criminal matters. Necessary direction be issued and uploaded on the website by the concerned District and Sessions Judges.

b) All the Presiding Officers of Tribuna|, Family Courts and Special Courts shall designate Judge for dealing with urgent matter.

c)‘Member Secretary,MASLSA may designate appropriate person for taking up urgent legal aid matter.

d) The matters which are already fixed upto 14.4.2020 be adjourned en—bloc to subsequent dates and information in this regards be uploaded on the website of the District and pasted on notice board.

e) Manipur Judicial Academy shall suspend all its training programmes till 14.4.2020.

iv) The interim orders granted earlier by the High Court and the District Courts for a specified date shall be extended till next date of effective hearing.

v) In view of suspension of regular Court work from 01.04.2020 to 14.4.2020 it shall be treated as “Closure” within the meaning of explanation appended to Section 4 of the Limitation Act, 1963. Thus, limitation for any Court proceeding shall not run with effect from 15.3.2020 until further order in pursuance of order dated 23.3.2020 in SMWP(Civil)No(s). 3/2020: IN RE- COGNIZANCE FOR EXTENSION OF LIMITATION passed by Hon’ble Supreme Court.


Manipur High Court

[Notification dt. 30-03-2020]

COVID 19Legislation UpdatesNotifications

To alleviate sufferings of the people during the 21-day nationwide lockdown, Union Home Minister Amit Shah has communicated to the State/UT governments to take appropriate measures to ensure effective implementation of the lockdown measures on maintaining social distance, while mitigating the economic hardship of the migrant workers during this period.

Under the directions from the Union Home Minister, the Union Home Secretary has written to the States/UTs to take measures to create relief shelters with all basic amenities and mitigate economic hardships to prevent movement of a large number of migrant workers to their domicile States, so as to prevent the spread of COVID-19.

To ensure effective implementation of the lockdown measures, and to mitigate the economic hardship of the migrant workers, all States/UTs have been advised to take following additional measures:

  • State/UT Governments to ensure adequate arrangements of temporary shelters, and provision of food etc. for the poor and needy people, including migrant labourers, stranded due to lockdown measures in their respective areas;
  • The migrant people, who have moved out to reach their home states/ home towns, to be kept in the nearest shelter by the respective State/UT Government quarantine facilities after proper screening for a minimum period of 14 days as per standard health protocol;
  • All the employers, be it in the Industry or in the shops and commercial establishments, to make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown;
  • It is to be ensured that wherever the workers, including the migrants, are living in rented accommodation, the landlords of those properties must not demand payment of rent for a period of one month.
  • If any landlord is forcing labourers and students to vacate their premises, they will be liable for action under the Act.

In case of violation of any of the above measures, the respective State/UT Government, would take necessary action under the Disaster Management Act, 2005 and the District Magistrate/ Deputy Commissioner and Senior Superintendent of Police/ Superintendent of Police/ Deputy Commissioner of Police would be personally liable for implementation of the above directions and lockdown measures issued earlier.

Read the Order here: MHA ORDER TO STATES/UTs


Ministry of Home Affairs

[Press Release dt. 29-03-2020]

[Source: PIB]

COVID 19Legislation UpdatesNotifications

Union Ministry of Labour and Employment has issued notification GSR 225(E) amending EPF Scheme 1952 to allow withdrawal of non-refundable advance by EPF members/subscribers in the wake of COVID -19 pandemic in the country. The notification permits withdrawal of upto the amount of basic wages and dearness allowance for three months or upto 75% of the amount standing to member’s credit in the EPF account, whichever is less, in the event of outbreak of epidemic or pandemic.

COVID-19 has been declared pandemic by appropriate authorities for the entire country and therefore employees working in establishments and factories across entire India, who are members of the EPF Scheme, 1952 are eligible for the benefits of non-refundable advance. A sub-para(3) under para 68L has been inserted in the EPF scheme,1952. The amended scheme Employees Provident Fund (Amendment) Scheme, 2020 has come into force from 28 March, 2020.

Following the notification, EPFO has issued directions to its field offices for promptly processing any applications received from EPF members to help them fight the situation. In its communication EPFO has stated that officers and staff must process claims of EPF subscribers promptly so that relief reaches the worker and his family to help them fight with COVID-19.

To read the notification, please click on the link below:

NOTIFICATION


Ministry of Labour & Employment

[Press Release dt. 29-03-2020]

[Source: PIB]

COVID 19Legislation UpdatesNotifications

Cabinet secretary and MHA are in constant touch with State Chief Secretaries and DGPs. Video Conferences were held by Cabinet Secretary & Home Secretary yesterday evening and today morning with Chief Secretaries & DGPs.

It was noted that, by and large, there has been effective Implementation of guidelines across all states and UTs. Essential supplies have also been maintained. Situation is being monitored round the clock and necessary measures are being taken as required.

However, there has been movement of migrant workers in some parts of the country. Directions were issued that district and state borders should be effectively sealed. States were directed to ensure there is no movement of people across cities or on highways. Only movement of goods should be allowed. DMs and SPs should be made personally responsible for implementation of these directions which have been issued under the DM Act.

It has been advised that adequate arrangements for food and shelter of poor and needy people including migrant labourers be made at the place of their work. Centre had yesterday issued orders for use of SDRF funds for this purpose. Sufficient funds are available with States in this head.

States have been also told to ensure timely payment of wages to labourers at their place of work during the period of lockdown without any cut. House Rent should not be demanded from the labourers for this period. Action should be taken against those who are asking labourers or students to vacate the premises.

Those who have violated the lockdown and traveled during the period of lockdown will be subject to minimum 14 days of quarantine in government quarantine facilities. Detailed instructions on monitoring of such persons during quarantine have been issued to States.

It was impressed upon all the States that three weeks of strict enforcement is essential to contain spread of corona virus. This is in the interest of everyone.


Ministry of Information and Broadcasting

[Press Release dt. 29-03-2020]

[Source: PIB]

COVID 19Hot Off The PressNews

In view of the current Coronavirus situation in the country, and in interest of the people staying at home during the 21-day lockdown, Ministry of Information and Broadcasting and Prasar Bharti have decided to telecast Ramanand Sagar’s Ramayan on Doordarshan National from Saturday, 28th March 2020.

Making the announcement Union Minister Sh Prakash Javadekar expressed happiness that Ramayan was being re-telecast.

The telecast will take place in 2 slots every day, from 9 AM to 10 AM and 9 PM to 10 PM. The evening slot will carry the subsequent episode of the series.

The decision has been taken keeping in view the immense interest of people in the series and public demand for its re-telecast. Sh Shashi Shekhar Vempati, CEO, Prasar Bharti congratulated the team from Doordarshan that worked on war footing to make this happen. Sh Vempati also thanked the Sagar family for making content available to Doordarshan.

Prasar Bharti has been making special efforts to create awareness on COVID-19. New Services Division broadcasts special bulletins in Hindi and English from 8 am to 9 am in the morning and in evening from 8 PM to 9 PM. Many special programs are also being broadcast by DD News and DD India.


Ministry of Information & Broadcasting

[Press Release dt. 27-03-2020]

[Source: PIB]