Blog

Maharashtra notifies Standard Operating Procedure (SOP) / Preventive measures to be taken while holding of Business to Business (B2B) Trade Exhibitions to contain spread of Covid-19

The Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi, has given its approval forAtmanirbhar Bharat RojgarYojana (ABRY) to boost employment in formal sectorand incentivize creation of new employment opportunities during the Covid recovery phase under Atmanirbhar Bharat Package 3.0.

The salient features of the Scheme are as under:
Government of India will provide subsidy for two years in respect of new employees engaged on or after1st October, 2020 and upto 30th June, 2021

Government of India will pay both 12% employees’ contribution and 12% employers’ contribution i.e. 24% of wages towards EPF in respect of new employees in establishments employing upto 1000employees for two years,

Government of India will pay only employees’ share of EPF contribution i.e. 12% of wages in respect of new employees in establishments employing more than 1000 employee for two years.

An employee drawing monthly wage of less than Rs. 15000/- who was not working in any establishment registered with the Employees’ Provident Fund Organisation (EPFO) before 1st October, 2020 and did not have a Universal Account Number or EPF Member account number prior to1stOctober 2020 will be eligible for the benefit,

Any EPF member possessing Universal Account Number (UAN) drawing monthly wage of less thanRs. 15000/- who made exit from employment during Covid pandemic from 01.03.2020 to 30.09.2020and did not join employment in any EPF covered establishment up to 30.09.2020 will also be eligible to
avail benefit,

EPFO will credit the contribution in Aadhaar seeded account of members in electronic manner

EPFO shall develop a software for the scheme and also develop a procedure which is transparent and accountable at their end.
EPFO shall work out modality to ensure that there is no overlapping of benefits provided under ABRY with any other scheme implemented by EPFO

The Ministry of Health has, on 30th November, 2020, issued SOP’s on preventive measures in markets to contain spread of COVID-19

The SOP’s outline various generic precautionary measures to be adopted in addition to specific measures to be ensured at marketplaces to prevent spread of COVID-19. These guidelines shall be applicable to both retail and wholesale markets

Ministry of Home Affairs issues Guidelines for Surveillance, Containment and Caution for COVID 19 for mandatory enforcement by States/UT’s
SOPs have also been issued on various activities and COVID for Appropriate behavior, exercise caution and regulating crowds

Key highlights
The main focus of the Guidelines is to consolidate the substantial gains that have been achieved against the spread of COVID-19 which is visible in the steady decline in number of active cases in the country. Further, keeping in view the recent spike in new cases in few States/ UTs, ongoing festival season and onset of winter, it is emphasised that to fully overcome the pandemic, there is need to maintain caution and to strictly follow the prescribed containment strategy, focussed on surveillance, containment and strict observance of the guidelines/ SOPs issued by MHA and Ministry of Health & Family Welfare (MOHFW).Local district, police and municipal authorities shall be responsible to ensure that the prescribed Containment measures are strictly followed.States and UTs, based on their assessment of the situation, may impose local restrictions, with a view to contain the spread of COVID-19.

● Surveillance and Containment States/ UTs to ensure careful demacationof Containment Zones by the district authorities, at the micro level, taking into consideration the guidelines prescribed by MoHFW in this regard. The list of Containment Zones will be notified on the websites by the respective District Collectors and by the States/ UTs. This list will also be shared with MoHFW.
● Within the demarcated Containment Zones, containment measures, as prescribed by MoHFW, shall be scrupulously followed, which includes: Only essential activities shall be allowed in the Containment Zones. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. There shall be intensive house-to-house surveillance by surveillance teams formed for the purpose.Testing shall be carried out as per prescribed protocol. Listing of contacts shall be carried out in respect of all persons found positive, along with their tracking, identification, quarantine and follow up of contacts for 14 days (80 percent of contacts to be traced in 72 hours). Quick isolation of COVID-19 patients shall be ensured in treatment facilities/ home (subject to fulfilling the home isolation guidelines).Clinical interventions, as prescribed, shall be administered.Surveillance for ILI/ SARI cases shall be carried out in health facilities or outreach mobile units or through fever clinics in buffer zones.Awareness shall be created in communities on COVID-19 appropriate behaviour.
● Local district, police and municipal authorities shall be responsible to ensure that the prescribed Containment measures are strictly followed and State/ UT Governments shall ensure theaccountability of the officers concerned in this regard.

COVID-Appropriate behavior State/ UT Governments shall take all necssary measures to promote COVID-19 appropriate behavior and to ensure strict enforcement of wearing of face masks, hand hygiene and social distancing.
● In order to enforce the core requirement of wearing of face masks, States and UTs may consider administrative actions, including imposition of appropriate fines, on persons not wearing face masks in public and work spaces.
● For observance of social distancing in crowded places, especially in markets, weekly bazaars and public transport,Ministry of Health and Family Welfare (MoHFW) will issue a SOP, which shall be strictly enforced by States and UTs.
● National Directives for COVID-19 Management shall continue to be followed throughout the country, so as to enforce COVID-19 appropriate behavior.

● Strict adherence to the prescribed SOPs All activities have been permitted outside Containment Zones, except for the following, which have been permitted with certain restrictions:

i. International air travel of passengers, as permitted by MHA.
ii. Cinema halls and theatres, with upto 50 percent capacity.
iii. Swimming pools, only for training of sports persons.
iv. Exhibition halls, only for business to business (B2B) purposes.
v. Social/ religious/ sports/ entertainment/ educational/ cultural/ religious gatherings, with upto a maximum of 50 percent of the hall capacity, with a ceiling of 200 persons in closed spaces; and keeping of the size of the ground/ space in view, in open spaces.
vi. However, based on their assessment of the situation, State/ UT Governments may reduce the ceiling to 100 persons or less, in closed spaces.

For the information of all, the Guidelines enclose a list of 19 SOPs that have been issued from time to time to regulate the activities that have been permitted.
These SOPs shall be strictly enforced by the authorities concerned, who shall be responsible for their strict observance.
● Local restrictions States and UTs, based on their assessment of the situation, may impose local restrictions, with a view to contain the spread of COVID-19 such as night curfew. However, State/ UT Governments shall not impose any local lockdown (State/ District/ sub-division/City level), outside the containment zones, without prior consultation with the Central Government.
● States and UTs also need to enforce social distancing in offices. In cities, where the weekly Case Positivity Rate is in more than 10 percent, States and UTs concerned shall consider implementing staggered office timings and other suitable measures, with a view to reduce the number of employees attending office at the same time, thereby ensuring social distancing.
● No restriction on Inter-State and intra-State movement There shall be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treaties with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements.
● Protection for vulnerable persons Vulnerable persons, i.e., persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, are advised to stay at home, except for meeting essential requirements and for health purposes.
● The use of Aarogya Setu mobile application will continue to be encouraged

UGC Issues Guidelines for Re-opening the Universities and Colleges Post Lock down due to COVID-19 Pandemic

The University Grants Commission framed and issued Guidelines for the universities and colleges for reopening their campuses.These Guidelines have been vetted by the Ministry of Health & Family Welfare and approved by the Ministry of Home Affairs and the Ministry of Education. The Guidelines may be adopted by the institutions as per the local conditions and directives of the Government authorities.

ESIC notifies relaxations in eligibility criteria for unemployment benefit for Insured Persons who have lost jobs due to COVID 19 Pandemic

a. Relief to the extent of 50 % of the average per day earning during the previous four contribution periods to be paid up to maximum 90 days of unemployment
b. The Insured Person should have been in insurable employment for a minimum period of two years immediately before his/ her unemployment and should have contributed for not less than 78 days in the contribution period immediately preceding the unemployment and minimum 78 days in one of the remaining three contribution periods in two years prior to unemployment.
c. Claim shall be due 30 days after the date of unemployment.

The ESIC has extended the Atal Beemit Vyakti Kalyan Yojana till 30th June, 2021. This scheme grants monetary benefits to Insured Persons who became unemployed on account of COVID 19 Lockdown. The eligibility condition of 90 days of unemployment has been reduced to 30 days of unemployment and the benefit has been increased from 25% to 50% of the average pay.

The SOP’s for claims have also been notified.

The Bombay Chamber of Commerce & Industry on behalf of its MSMEs members has prepared few recommendations to minimize the adverse implication of lock down of Industry in the wake of COVID-19.

A few urgent recommendations are as below:
a) Support from respective banks in paying Salary and Wages for next 2-3 months.
b) Auto extension and/or enhancement of working Limit viz. CC/OD facility with an additional 30% on current limits till the next FY year ending 31-03-2021 waiving any further collateral.
c) Since the organisations are locked, minimum charge of Electricity Bill should be waived.
d) Specific Relief announcements for MSME manufacturing sector towards super fast receivables from Corporates & Govt. Sectors to bridge cash flow deficit.
e) Support to temporary and low wage workers in the form of food coupons by the government.
f) The government support and incentives should be sector specific. The manufacturing sector to be impacted the most.
g) Since the cheque clearance system has stopped, many MSMEs will not have access to internet banking, there has to be a solution to this.
h) Rebate on Income Tax both corporate & personal to the tune of 50% of the accruals for FY 19-20 & 20-21 to set off losses arising due to lock down.
i) Rebate on the interests @ 50% on borrowing of all Business Loans taken by MSME from 15-03-2020 till Lock down period.
j) Govt. to clear all pending bills as early as possible.

Vide Notification dated 24th August 2020 the Companies (Corporate Social Responsibility Policy) Rules, 2014, rule 2, in sub-rule (1), in clause (e), the following proviso has been inserted, :-

“Provided that any company engaged in research and development activity of new vaccine, drugs and medical devices in their normal course of business may undertake research and development activity of new vaccine, drugs and medical devices related to COVID-19 for financial years 2020-21, 2021-22 and 2022-23 subject to the conditions that-

(i) such research and development activities shall be carried out in collaboration with any of the institutes or organisations mentioned in item (ix) of Schedule VII to the Act.

(ii) details of such activity shall be disclosed separately in the Annual Report on CSR included in the Board’s Report”.

Kindly refer to the notification for complete details.

The ESIC has issued Circulars dated 4th June, 2020, 11th June, 2020 and 24th June, 2020 granting Medical benefits to Employees and Migrant workers covered under the ESIC Act for treatment of COVID 19.

i) Circular dated 4th June, 2020 – Special sanction for purchase of medicines from private Chemists and its subsequent reimbursement by ESIC. This scheme was introduced from 12th May, 2020 and has been extended till 31st July, 2020.

ii) Circular dated 11th June, 2020 – Provision of prompt medical services to ESIC beneficiaries even in suspected cases of COVID – 19 in ESIC hospitals, selected referred hospitals and availability of equipped ambulance services for transfer of sick patients on a very short notice.

iii) Circular dated 24th June, 2020 – Medical benefits to be given migrant workers covered under ESIC in a ESIC hospital nearest to their hometown.