COVID 19Hot Off The PressNews

Ministry of Home Affairs issues order to extend the nationwide lockdown till 31st May, 2020.

Operative Portion of the NDMA Order:

“Considering the fact that the lockdown measures need to be implemented for a further period in the country to contain the spread of COVID 19, NDMA, in exercise of powers under Section 6(2)(i) of the Disaster Management Act, 2005, hereby directs the ministries/Departments of Government of India, State Governments and State Authorities to continue the lockdown measures upto 31st May, 2020. The Authority further directs NEC to issue modifications in the guidelines as necessary, keeping in view of the need to open up economic activities while containing the spread of COVID 19.”

List of Activities “NOT” allowed in Lockdown 4.0

  • Domestic and International Air travel of passengers, except for domestic medical services, domestic air ambulance and for security purposes or permitted by MHA.
  • Metro rail services.
  • School, Colleges, educational/training/coaching institutions etc. to remain closed. Online/Distance learning permitted.
  • Hospital, restaurants and other hospitality services, except those meant for housing/health/police/Government officials/healthcare workers/stranded persons including tourists and for quarantine facilities. Restaurants shall be permitted to operate kitchens for home delivery of food items.
  • All cinema halls, shopping malls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places. Sports Complexes and stadia will be permitted to open; spectators not allowed.
  • All social/political/sports/entertainment/academic/cultural/religious functions/other gatherings and large congregations.
  • Religious Congregations strictly prohibited. Religious places/places of worship shall be closed for public.

Following activities shall be permitted with restrictions, except in the Containment Zones.

  • Inter-State movement of passenger vehicles and buses, with mutual consent of State/UTs involved.
  • Intra-State movement of passenger vehicles and buses, as decided by the States and UTs.
  • SOPs issued earlier to be continued.

National Directives for COVID-19 Management to be followed throughout the country.

Containment, Buffer, Red, Green and Orange Zone

  • Delineation of Red, Green and Orange Zone will be decided by respective State and UT’s.
  • Within the Red and orange Zones, Containment Zones and buffer Zones will be demarcated by District Authorities, after taking into consideration the MoHFW Guidelines.
  • Essential activities allowed in Containment Zones.
  • In Containment Zones: There shall be intensive contact tracing, house-to-house surveillance.

Night Curfew

Movement of individuals to remain strictly prohibited between 7 pm to 7 am, except for essential activities. Local Authorities shall issue orders such as prohibitory order under Section 144 of CrPC.

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

States/UTs based on their assessment of situation may prohibit or impose restrictions as deemed fit.

With a view to ensuring safety in offices and work places, employers on best effort basis should ensure that Arogya Setu is installed by all employees having compatible mobile phones.

 

All States/UTs shall allow inter-State and intra-State movement of medical professionals, nurses and para medical staff, sanitation personnel and ambulances without any restriction.

All States/UTs shall allow inter-State movement of all types of goods/cargo, including empty trucks.

Dilution of the said guidelines by any State/UT not allowed.

National Directives for COVID 19 Management

  • Compulsory wearing of face cover in public and work places.
  • Spitting in public and work places punishable with fine.
  • Social distancing to be followed in public places and in public transport.
  • Marriage related gathering shall ensure social distancing and maximum number of guests not to be more than 50.
  • Funeral/last rites related gathering shall ensure social distancing and max. number allowed not to be more than 20.
  • Consumption of liquor, paan, gutka, tobacco etc. in public places not allowed.
  • Shops to ensure minimum six feet distance among customers and not more than 5 persons allowed in shops.

Additional Directives for Work Places

  • As far as possible, practice of work from home should be followed.
  • Staggering of work/business hours shall be followed in offices, work places, shops, markets and industrial and commercial establishments.
  • Provision of thermal scanning, hand wash and sanitizer to be made available at entry and exit points and common areas.
  • Frequent sanitization of entire workplace, common facilities and all points which come into human contact shall be ensured.
  • All persons in charge of work places shall ensure social distancing through adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.

Access the detailed guidelines issued by MHA, Here:

GUIDELINES


Ministry of Home Affairs

[Order dt. 17-05-2020]

Case BriefsCOVID 19High Courts

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Siddhartha Varma, J. issued directions modifying the the Court’s Order dated 26-03-2020.

By the order dated 26th March, 2020 following directions were issued by this Court in view of lockdown:

“(i) All interim orders passed by the High Court of Judicature at Allahabad well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto 26th April, 2020. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

(ii) If the Criminal Courts in the State have granted bail orders or anticipatory bail for a limited period which are likely to expire in one month from today, the said orders will stand extended for a period of one month from today.

(iii) If any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance for a period of one month from today;

(iv) Considering the fact that it will practically impossible for the citizens to approach the Courts for redressal of their grievances for a period of twenty-one days specified in the order of the Ministry of Home Affairs dated 24th March, 2020, we sincerely hope that the State Government, Municipal Authorities and the agencies and instrumentalities of the State Government will be slow in taking action of demolition and eviction of person.

To modify the order dated 26-03-2020 accordingly as under:-

(i) All interim orders passed by the High Court of Judicature at Allahabad well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto 10th May, 2020. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

(ii) If a bail has been granted in anticipation as an interim measure for a specific period and that period is going to expire on or before 3rd May, 2020, the same shall stand extended upto 15th May, 2020.

(iii) If any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance till 15th May, 2020 or having any order order by the court competent, whichever is earlier.

This order be published in the official website of this Court. A soft-copy of this order shall be sent to all concerned Courts and Tribunals; the learned Advocate General; the learned Additional Solicitor General of India; the learned Assistant Solicitor General of India; State Public Prosecutor and the Chairman of Bar Council of Uttar Pradesh. [In Re v. State of U.P., PIL No. 564 of 2020, decided on 22-04-2020]

COVID 19Hot Off The PressNews

Union Power Ministry has advised the State/UT administrations to allow construction activities in the power projects outside Municipal limits during nation-wide lockdown for COVID-19 outbreak as per the guidelines issued Union Ministry of Home Affairs on 15-04-2020.

These activities may be permitted after observing necessary health protocols to curb COVID-19.

 In a communication to States/UTs, DMs, Police Authorities, Municipal Bodies issued on 20.04.2020,   the Ministry  has said that as per Para 16(i) of the guidelines issued by the Ministry of Home Affairs Order No. 40-3/2020- DM-I(A) dated 15.04.2020, construction of all kinds of industrial projects in rural areas, i.e., outside the limits of municipal corporations and municipalities have been allowed to be carried out with effect from 20th April, 2020. This is also applicable for ongoing construction activities in Thermal/Hydro Power Generation Projects outside the limits of Urban Local Bodies (ULBs

The Ministry has also requested to allow the intrastate and interstate movement of construction materials, equipment, spares & consumables etc., for these under construction power projects as per Para 12(vi) of the MHA Order No. 40-3/2020-DM-I(A) dated 15.04.2020.

It has been emphasised that  resumption of project works at sites may be carried out while taking all mandatory precautions and norms of social distancing as well the advisories issued by Ministry of Home Affairs and Ministry of Health and Family welfare from time to time with regard to COVID-19

Power Ministry has instructed all CMDs of Power CPSUs and IIPs and UMPPs to ensure the necessary preventive measures/ equipment/ amenities for safeguard from COVID-19 to their employees and workforce deployed for construction activities.

The communication advises Chief Secretary (All States)  for similar action in respect of the State Generating Companies/ Independent Power Producers (IPPs).


Ministry of Power

[Source: PIB]

[Press Release dt. 23-04-2020]

COVID 19Hot Off The PressNews

Ministry of Home Affairs (MHA) has issued an order to exempt certain activities under the consolidated revised guidelines

(https://www.mha.gov.in/sites/default/files/MHA%20order%20dt%2015.04.2020%2C%20with%20Revised%20Consolidated%20Guidelines_compressed%20%283%29.pdf), regarding the Nationwide lockdown to fight COVID-19.

Within the above mentioned consolidated revised guidelines, Government has exempted additional agricultural and forestry items, shops of educational books for students and shops of electric fans from lockdown restrictions to fight COVID19. Further, MHA has also issued SOPs on sign-on/sign-off for Indian seafarers at Indian ports and their movement for the same.

Relaxations under the above mentioned items would not be applicable to Hotspots/containment zones. These activities would not be permitted in these zones.

Click here to see Official Document


Ministry of Home Affairs

[Press Release dt. 21-04-2020]

[Source: PIB]

COVID 19Hot Off The PressNews

Ministry of Home Affairs (MHA) has issued an addendum to the guidelines, and subsequent addendums, to all Ministries/Departments (https://pib.gov.in/PressReleseDetail.aspx?PRID=1607997), regarding the Nationwide lockdown to fight COVID-19.

The addendum exempts from lockdown restrictions the shops of agricultural machinery, its spare parts (including its supply chain) and repair; truck repair shops on highways, preferably at fuel pumps; and Tea industry, including plantations with maximum of 50% workers.

Addendum Document 


Ministry of Home Affairs

[Source: PIB]

[Press Release dt. 03-04-2020]

COVID 19Legislation UpdatesNotifications

The Ministry of Road Transport and Highways has extended the validity of documents like driving licenses, permits and registration that expired since February 1. In an advisory to all states and Union Territories, the Ministry has asked them to treat such documents as valid till June 30.

The decision was taken to facilitate people facing difficulties in renewing the validity of various motor vehicle documents due to nationwide lockdown in the country and closure of government transport offices.

The documents include fitness, permits (all types), driving licence, registration or any other concerned document under the Motor Vehicle Rules.

The ministry has requested all states to implement the advisory in “letter and spirit” so that the people and transporters and organisations rendering essential services do not get harassed and face difficulties.


Ministry of Road Transport & Highways

[Press Release dt. 31-03-2020]

[Source: PIB]

COVID 19Hot Off The PressNews

In view of complete nationwide lockdown for twenty-one days from the midnight of 24th March 2020, it is hereby informed to all concerned that Notification No. 77/HCS dated 18th March 2020, Guidelines to the District Courts bearing reference No. 78/HCS dated 18th March 2020 and Circular No. 33/Confdl/HCS dated 24th March 2020 will continue upto 14th April 2020.


Sikkim High Court

[Circular dt. 30-03-2020]

COVID 19Legislation UpdatesNotifications

Additional essential Goods and Services included in the exempt list

Ministry of Home Affairs (MHA) has issued an addendum to the guidelines, and subsequent addendums, to all Ministries/Departments (https://pib.gov.in/PressReleseDetail.aspx?PRID=1608644), regarding the Nationwide lockdown to fight Corona Virus.

The second addendum lays down additional categories of essential goods and services exempted under the Disaster Management Act 2005, with respect to the 21- day lockdown.


Ministry of Home Affairs

[Press Release dt. 29-03-2020]

[Source: PIB]

COVID 19Legislation UpdatesNotifications

Ministry of Home Affairs (MHA) has issued an addendum to the guidelines, and subsequent addendum, to all Ministries/Departments  (https://pib.gov.in/PressReleseDetail.aspx?PRID=1608173), regarding the Nationwide lockdown to fight Corona Virus.

The second addendum lays down additional categories of essential goods and services, relating to agricultural operations, exempted under the Disaster Management Act, with respect to the 21- day lockdown.

Second Addendum Document 


Ministry of Home Affairs

[Press Release dt. 27-03-2020]

[Source: PIB]

Case BriefsCOVID 19High Courts

Telangana High Court at Hyderabad: Full Bench of Chief Justice and M.S. Ramachandra Rao and A. Rajasheker Reddy, JJ. in view of the lockdown and limited functioning of Courts have extended the period of Interim Orders till 07-06-2020 and Orders of Executing Courts shall be kept in abeyance.

Government enforced strong measures to prevent the spread of COVID-19. Nationwide lockdown was also declared on 25-03-2020 for a period of 21 days.

In view of the lockdown due to which the functioning of courts had been restricted, routine matters have been adjourned en bloc to particular dates in month of April. Considering the same, advocates and litigants have not been in a position to appear in the said matters.

As a result, interim orders operating in favour of parties have expired or will expire on or after 20-03-2020.

Court on perusal of the above circumstances, orders that in all matters pending before this Court, and Courts Subordinate to this Court, wherein interim orders were subsisting as on 20-03-2020 and expired, or will expire thereafter, the same shall stand automatically extended till 07-06-2020.

After 15-02-2020, Executing Courts passed directions to bailiffs for executing decrees and dispossessing judgment debtors. Bailiffs in these cases are continuing ti implement said orders, however, judgment debtors do not have means of challenging the said order, hence, Bench directs that any such order shall be kept in abeyance and shall not be executed till further orders.

[In Re: Extension of Interim Orders and Abeyance of Execution Orders, WP No. Urgent 1/2020, decided on 27-03-2020]

COVID 19Hot Off The PressNews

Allahabad High Court issued a notice on 25-03-2020, stating that Court work shall remain suspended with immediate effect until further orders. However, imminently emergent and urgent cases would be heard by designated Division Bench/Single Judge with prior approval of Chief Justice. Whereas for Lucknow Bench, necessary approval shall be taken from the Senior Judge of Lucknow Bench.

All the subordinate courts and commercial courts shall remain closed in the State of U.P.

*To read the Circular, click the link: Circular

Madhya Pradesh High Court issued a notice stating that there shall be no Court work with immediate effect for a period of three weeks till 14-04-2020. Entry to all Subordinate Courts shall remain prohibited subject to specific permissions till 14-04-2020.

*To read the Circular, please click the link: Circular

Orissa High Court: Functioning of High Courts and its offices will remain suspended till 15-04-2020 in view of complete lockdown. Same to be followed by the Subordinate Judiciary.

*To read the Circulars, please click on the links given:

Circular-1 & Circular-2

Karnataka High Court issued a notice on 25-03-2020 stating that,

“The Court sittings of High Court of Karnataka, at the Principal Bench, Bengaluru and Benches at Dharwad and Kalaburagi, and all District and Trial Courts, Family Courts, Labour Courts, Industrial Tribunals in the State already notified shall stand cancelled. The order of closure issued by the High Court of Karnataka vide Notification dated March 23 and March 24, 2020, applicable to the High Court of Karnataka, Principal Bench, Bengaluru and Benches at Dharwad and Kalaburagi, and all District and Trial Courts, Family Courts, Labour Courts, Industrial Tribunals in the State shall stand extended till April 14, 2020.

All the Judicial Officers and Court staff members shall not leave their respective Headquarters.”

Jharkhand High Court issued notice on 25-03-2020 stating that Court work shall remain suspended until further orders in the wake of Novel Corona Virus. No matters unless urgent and imminently emergent shall be entertained.

In the above case, lawyers/litigants shall be accordingly instructed of venue and mode of addressing the Court through Video Conferencing.

Entry to all the Subordinate the Courts shall remain suspended subject to permission.

*Read the Circular issued, here — CIRCULAR

Delhi High Court:

Chief Justice has been pleased to order that the functioning of the High Court of Delhi shall now remain suspended till 15.04.2020.

All the pending matters listed before this Court (including the courts of Registrars and Joint Registrars) on 13.04.2020 to 15.04.2020 would be adjourned.

*Read the detailed circular in the above regard, here: CIRCULAR

Gauhati High Court had issued a circular dated 24-03-2020 stating that the functioning of the court shall remain suspended till 04-04-2020.

*To read the detailed circular, please click here: CIRCULAR

Gujarat High Court issued a Circular on 25-03-2020 stating the suspension and closure of functioning of the High Court and Subordinate Courts till further orders.

*Please read the Circulars in above regard below:

CIRCULAR-1

CIRCULAR-2

Detailed Guidelines with regard to functioning of the Tripura High Court can be read by clicking in the link below:

CIRCULAR


[Will be updated as per the latest developments]

COVID 19Hot Off The PressNews

Ministry of Home Affairs (MHA) has issued an addendum to the guidelines to all Ministries/Departments issued yesterday (https://pib.gov.in/PressReleseDetail.aspx?PRID=1607997), regarding the Nationwide lockdown to fight Corona Virus.

This addendum lays down additional categories of essential goods and services exempted under the Disaster Management Act, with respect to the 21- day lockdown.

Original Guidelines Document

Addendum to the Guidelines


Ministry of Home Affairs

[Press Release dt. 25-03-2020]

[Source: PIB]