India - Guidelines For Phased Re-opening (Unlock II).
Legal News & Analysis - Asia Pacific - India - Regulatory & Compliance - Labour & Employment
2 July 2020
While the nation continues to battle the COVID-19 pandemic, the Government of India vide an order dated June 29, 2020 (“Unlock II Order”), has extended the lockdown in containment zones till July 31, 2020. The Unlock II Order contains guidelines for re-opening of more activities in areas outside containment zones in a calibrated manner.
Since our previous update, we have set out the key takeaways below, as on July 01, 2020 03: 00 PM IST:
A. UNLOCK II GUIDELINES
1. Activities permitted outside Containment Zones
All activities will be permitted in areas outside the containment zones, except the ones mentioned below. The dates for re-starting these activities will be decided separately and necessary Standard Operating Procedures (“SOPs”) for the same will be issued accordingly:
a. Schools, colleges and other educational institutions will continue to remain closed; however online classes/learning is encouraged;
b. International air travel of passengers except as allowed by the Ministry of Home Affairs;
c. Metro rail;
d. Cinema halls, gymnasiums, swimming pools, entertainment centres etc.; and
e. Social, political, cultural, religious functions and other congregations.
2. Night curfew : The movement of individuals for non-essential activities is strictly prohibited between 10:00 p.m. to 5:00 a.m.
3. The guidelines in relation to the following remain the same as provided in our previous update on Unlock I Guidelines:
a. Restriction in Containment Zones;
b. Use of Aarogya Setu application;
c. National Directives for COVID-19 management in public and at workplace;
d. Further prohibition of activities outside containment zones by States/Union Territories, based on assessment of the situation; and
e. Movement of persons with SOPs.
B. STATE- WISE UPDATES
a. The Government of Maharashtra has issued order dated June 29, 2020 (“Maharashtra Order”) extending the lockdown in the state to July 31, 2020. Further, this order provides guidelines for those activities that are permitted and those that are prohibited in the state.
b. The Commissioner of Police, Greater Mumbai has further issued a prohibitory order dated June 30, 2020 restricting the movement or gathering of persons in public places, including religious places up to July 15, 2020. These restrictions are subject to, inter alia, the following conditions:
i. All movement, except for movement for essential activities, supply of essential goods, and medical emergencies, has been prohibited in areas that have been designated as containment zones by the municipal authorities;
ii. Movement has been prohibited between 9.00 p.m. and 5.00 a.m., except for medical emergencies, emergency services, and establishments providing essential services;
iii. Movement for non-essential activities has been prohibited between 5:00 a.m. and 9:00 p.m., except for such exemptions as provided under the Maharashtra Order , order dated March 20, 2020 and other such orders issued by the competent authorities for enforcement of COVID-19 lockdown guidelines. These exemptions include functioning of private offices up to 10% strength, e- commerce activity for essential as well as non essential items, banking establishments and stock exchange establishments. Movement for non-essential activities such as visits to shops, salons etc., has been permitted within the neighbourhood areas.
2. Tamil Nadu: The Government of Tamil Nadu has issued order dated June 30, 2020 extending the lockdown in the state to July 31, 2020. This order also provides guidelines for those activities that are permitted and those that are prohibited in the state.
3. West Bengal: The Chief Minister of West Bengal on June 24, 2020, has announced that the lockdown in the sate would be extended till July 31, 2020. However, the State Government is yet to issue an order to this effect.
C. EMPLOYEES' STATE INSURANCE
The Employees' State Insurance Corporation has vide circular dated June 29, 2020, made it mandatory from July 1, 2020, for employees registering under the Employees' State Insurance Act, 1948, to provide their mobile numbers and bank account details. This has been done to ensure efficiency in the disbursement of the ESI benefits (including the claim reimbursements) and transparency. This requirement will be implemented with effect from July 1, 2020
We are continuing to track this and will keep you updated.
Please see here for our dedicated COVID – 19 legal resource page.
We wish you all good health!
For further information, please contact:
Zia Mody, Partner, AZB & Partners