• On 30.05.2020 the Ministry of Home Affairs, Government of India ("MHA" or "GOI") limited the lockdown to only Containment Zones till 30th June 2020 and provided the framework for what it termed as "Phased Re-opening (Unlock-1) and vested the State Government with the authority to determine higher levels of restrictions in non-containment zones ("MHA 30 May Order")1 . The MHA 30 May Order permitted all activities outside the Containment Zones but identified certain limited activities that were still prohibited and would be permitted in a phased manner. The First Phase of allowing the identified prohibited activities was directed to commence from 08.06.2020 with opening of (i) Religious Places, (ii) Hotels, restaurants and hospitality services and (iii) Shopping Malls. The Second Phase will relate to education institutions but the decision to re-open them will be taken only in consultation with States/UTs in month of July 2020. The Third Phase will be based on assessment of the situation and will relate to :
    1. international air travel of passengers,
    2. Metro Rail,
    3. Cinema Halls, Gymnasiums, Swimming pools, entertainment parks, bars, auditoriums, assembly halls and similar places.
  • Night Curfew from 9.00 pm to 05.00 am throughout the country is applicable, except for essential activities.
  • Containment Zones will be demarcated by District Authorities after taking into account MHFW Guidelines.
  • MHA 30 May Order vests State Governments/UTs, based on their assessment of the situation, may prohibit certain activities or impose such restrictions outside the Containment Zones as it may deem necessary
  • Thus, level of restrictions will now vary not only state to state but district to district as well depending on identification of containment zones.
  • It will be critical for the stakeholders in the CGD sector to track the classification of the individual districts that comprise each authorised area and changes to the classifications that occur.
  • Pursuant to the MHA 30 May Order, Our Firm has restructured the CGD COVID-19 Tracker State wise to identify the broad approach being taken by the States where CGD Authorised Areas are located on the extent of limitations being imposed in non-containment zones.

APPROACH OF STATES (HAVING CGD G.A.) PURSUANT TO MHA 30 MAY ORDER.

Most states are following the MHA May 30 Orders with higher restrictions. Some states have sealed borders (Chhattisgarh, Delhi (for some time), UP-Delhi Border), some states have extended the lockdown across the state with few relaxations (West Bengal, Himachal Pradesh), some states are classifying districts into red, orange and green zones (Uttarakhand, Karnataka), inter-state movement between districts is not certain across states. States are imposing limitations on travel. The following table provides an overview of the main approaches being taken by various States in relation to level of pursuant to the MHA 30 May Order (as of 07.06.2020):

S.NO.

STATE/U.T.
(With CGD G.A.)

APPROACH ADOPTED BY STATE/UNION TERRITORY

1.

Andhra Pradesh

The Government of Andhra Pradesh has vide Order of the Health, Medical and Family Welfare Department dated 31.05.20202, notified that the Order of the Ministry of Home Affairs (No. 40-3/2020-DM-I(A) dated 30.06.2020) shall be implemented in the state along with various Orders issued from time to time by the State Government. The same Guidelines as attached to the Ministry of Home Affairs Order No. 40-3/2020-DM-I(A) dated 30.06.2020, are attached to the Government of Andhra Pradesh Order as well.

It is further stated the Covid Orders 523, 534 and 555 shall be followed in the regulation of passengers coming into the state. Covid Instant Order 52 prescribes certain measures for movement of persons coming from outside the state. Covid Instant Order 53 provides the guidelines for maintenance of strict Home Quarantine and Covid Instant Order 55 prescribes the precautions to be taken with respect to the special trains being run by the South-Central Railway.

2.

Assam

The Government of Assam has vide Order of the Assam State Disaster Management Authority dated 01.06.20206 notified certain relaxations with immediate effect. The following activities shall be allowed with strict compliance of social distancing, hygiene and other protocols:

  • Religious places/places of worship for public from 08.06.2020 subject to a maximum gathering of 20 people per hour;
  • Hotels, restaurants and other hospitality services from 08.06.2020 with 50% of total capacity at a time;
  • Shopping malls from 08.06.2020 maintaining social distancing;
  • Open spaces and public parks for yoga, morning walk etc. from 01.06.2020;
  • Film and video shooting for Government and private sector in open spaces and studios from 01.06.2020 by maintaining social distancing; and
  • Barber shops and parlors for hair trimming purposes only from 01.06.2020 maintaining social distancing.

The other measures notified are as follows:

  • Movement of individuals shall remain strictly prohibited between 9:00pm to 5:00am except for essential activities;
  • Pillion riding in two wheelers is not allowed except for ladies and children below 12 years of age;
  • Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars, auditoriums and similar places shall remain closed;
  • Social/ political/ sports/ entertainment/ academic/ cultural/ religious functions and other large congregations will not be allowed;
  • Schools, colleges, coaching centers and other similar places of gathering shall remain closed until further orders;
  • No activity whatsoever shall be permitted in Containment Zones;
  • All other restrictions as given in order no. ASDMA.24/2020/Part-I/57 dated 18.05.20207 shall continue to remain in force. These include prohibition of all domestic and international air travel of passengers except for medical services, air ambulance and for security purposes as permitted; all passenger movement by trains, except for security purposes; and inter-state buses for public transport and private vehicles except as permitted by State Government.

3.

Bihar

The Government of Bihar has vide Order of the Home Department dated 31.05.20208, notified that the State Government has decided that the Order of the Ministry of Home Affairs (No. 40-3/2020-DM-I(A) dated 30.05.2020) and the Guidelines attached therewith will be implemented and complied with in the State of Bihar.

4.

Chandigarh

As per the lockdown guidelines of 31.05.2020, revised lockdown measures are extended until 30.06.2020. The following activities will be allowed with effect from 08.06.2020:

  1. Religious places/ places of worship for public,
  2. Hotels, restaurants and other hospitality services,
  3. Shopping malls.

Containment zones will be demarcated by District Authorities after taking into consideration the guidelines of the Ministry of Health and Family Welfare.9 The earlier guidelines of 18.05.2020 stated that the UT of Chandigarh continued to be in the Red Zone until further orders.10

5.

Chhattisgarh

The State Government decided to implement the Central Government guidelines with some revisions:

The state borders are to remain closed, and e-passes will be mandatory for people coming from other states.

Religious places, shopping malls, cinema halls, public parks, sports complexes and stadiums will remain closed till 07.06.2020

Only essential services will be allowed in identified containment zones.

** The Order is unavailable, so a news article has been relied upon.11

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Footnotes

1. Ministry of Home Affairs, Government of India Order no. 40-3/2020-DM-I(A) and New Guidelines dated 17.05.2020 accessed at https://ndma.gov.in/images/covid/MHAOrderDt_30052020.pdf

2. See https://goir.ap.gov.in/Reports.aspx, G.O.Rt.No.280

3. See http://hmfw.ap.gov.in/COVID-19%20IEC/4.GOI%20Guidelines%20and%20Advisories/InstantOrders/COVID%20Instant%20Order-52.pdf

4. See http://hmfw.ap.gov.in/COVID-19%20IEC/4.GOI%20Guidelines%20and%20Advisories/InstantOrders/Instant%20Order.53.pdf

5. See http://hmfw.ap.gov.in/COVID-19%20IEC/4.GOI%20Guidelines%20and%20Advisories/InstantOrders/COVID%20Instant%20Order-55_0001.pdf

6. See https://covid19.assam.gov.in/wp-content/uploads/2020/06/New-Order.pdf

7. See https://covid19.assam.gov.in/wp-content/uploads/2020/05/Lockdown4.0.pdf

8. See http://home.bih.nic.in/Download/scan0198.pdf

9. UT of Chandigarh (Office of Adviser to the Administrator, UT-cum-Chairperson, State Executive Committee of State Disaster Management Authority), Order No. 13180-HIII(5)/2020/5658 dated 01.06.2020, at http://chdcovid19.in/uploads/1591020596-aaord20-01062020.pdf.

10. UT of Chandigarh (Office of Adviser to the Administrator, UT-cum-Chairperson, State Executive Committee of State Disaster Management Authority), Order No. 13180- HIII(5)/2020/5087 dated 18.05.2020, at http://chdcovid19.in/uploads/1589808994-home20-5087-1805.pdf.

11. https://www.patrika.com/raipur-news/lockdown-extended-to-30-june-in-cg-borders-remain-sealed-know-rules-6152590/

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