• Although the first Phase of Unlock-1 was implemented from June 8, 2020 across most states, there continue to be varying degrees of restrictions on inter-state movement in the form of state imposed quarantine measures for passengers. Thus although inter-state movement is no longer prohibited, it is accompanied by various degrees of restrictions that impedes business travel and operations. A vast majority of states have imposed at least seven(7) days home quarantine for asymptomatic passengers while others have higher levels of quarantine (14 days) or quarantine rules based on differentiating passengers coming from designated "High Risk Areas". There is also a rise in cases across states which is creating further uncertainty in potentially more stringent measures being imposed in coming weeks by various states. Thus, although national level lockdown has been limited to only containment zones, there are still curtailments prevailing across sates and districts hindering inter-district and inter-state movement, resulting in disruption of operations and project implementation.
  • 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 : (i) international air travel of passengers, (ii) Metro Rail, (iii) 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.) IN UNLOCK-1 PHASE I (SINCE 08.06.2020) AS PER MHA 30 MAY ORDER.

Most states are following the MHA May 30 Orders with higher restrictions. Some states have continued with sealed borders (Chhattisgarh), 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 Unlocking pursuant to the MHA 30 May Order (as of 13.06.2020):

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.

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.

Domestic Passengers are classified into two categories: (i) those returning from High Risk Areas and (ii) those coming from other areas. High Risk Areas are identified as: (a) Maharashtra, (b) Gujarat, (c) Delhi, (d) Chennai, (e) Madhya Pradesh and (f) Rajasthan.

Asymptomatic Passengers from High Risk Areas are subject to institutional quarantine for seven days in the relevant district that they are heading to. They shall be tested at the end of seven days and if found negative, shall be sent for Home Quarantine for seven days. If found positive will remain in institutional quarantine. Exceptions to Institutional Quarantine and those who will be immediately sent for home quarantine are: (i) persons above 60 years, (ii) pregnant and lactating mothers, (iii) children below the age of 10 year, (iv) persons suffering with terminally ill patients.

Business persons can be exempted from Home Quarantine if they provide COVID negative certificate issued by ICMR authorized laboratory within the last three days of arrival. If no such certificate then quarantined till test comes negative (It should be noted that there is no time frame within which tests would be provided).

Passengers from Other Areas will be sent for home quarantine after taking of swab for testing. Strict Enforcement of Home Quarantine is mandated.

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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

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