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Showing posts from July, 2020

Unlockdown 3.0: Ministry of Home Affairs Guidelines

  Lockdown measures to contain the spread of COVID-19 has been in force in the country since 24 March 2020. On 30 May 2020, pursuant to the direction of the National Disaster Management Authority under Section 6(2)(i) of the Disaster Management Act, 2005, the Ministry of Home Affairs ( MHA ) issued an  order  enumerating the guidelines for phased re-opening of activities which were prohibited during the lockdown in areas outside the designated containment zones. This order was to remain in force up to 30 June 2020. On 29 June 2020, with a view to re-open more activities in the country, in a calibrated manner, in areas outside containment zones, the MHA issued detailed  guidelines  on Unlockdown 2. The order had also extended the lockdown in containment zones up to 31 July 2020. On 29 July 2020, MHA has issued guidelines on Unlock 3  which will come into effect on 1 August 2020 for further extension of the process of phased re-opening. However, the order also stipulated for strict adher

Latest developments by SEBI on account of COVID-19

Since March 2020, the Securities and Exchange Board of India ( SEBI ) has relaxed various provisions of rules and regulations for listed entities on account of the pandemic. Recent relaxations include: (i) Extension of relaxation from compliance to REITs and InvITs . (ii) SEBI (Substantial Acquisition of Shares and Takeovers) Third Amendment Regulations, 2020 . (iii) SEBI (Issue of Capital and Disclosure Requirments) Third Amendment Regulations, 2020 . (iv) Relaxation in timelines for compliance with regulatory requirements. (v) Relaxation of time gap between two Board/ Audit Committee meeting of listed entities.

Latest MCA updates on account of COVID-19

1. Companies (Meetings of Board and its Powers) Second Amendment Rules, 2020  to allow board meeting t hrough video conferencing or other audio-visual means for all matters up to 30 September 2020; 2.   Companies (Appointment and Qualification of Directors) Third Amendment Rules,  2020   to amend compliances required by a person eligible and willing to be appointed as an independent director. 3. Extension of timeline up to 30 September 2020 for creation of deposit repayment reserve of 20% under Section 73(2)(c) of the Companies Act, 2013 and to invest or deposit 15% of amount of debentures under Rule 18 of Companies (Share Capital and Debenture) Rules, 2014. 4.  Companies (Share Capital and Debentures) Amendment Rules, 2020 5. Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013. 6. Extension of time up to 30 September 2020 to conduct EGMs through video conferencing and other audio-visual

Recent measures by the Ministry of Health & Family Welfare to control COVID-19

The Ministry of Health & Family Welfare has recently launched the ‘eBloodServices’ mobile application developed by the Indian Red Cross Society. Other recent significant developments in the sector include: Release of Advisory for managing healthcare workers in COVID/Non-COVID areas of a hospital; National Pharmaceutical Pricing Authority to monitor price increase of critical medical equipment; Release of a ‘guide to address stigma associated with COVID-19’. To read further details, please  click here .

UGC issues revised guidelines for conduct of final year examinations

In order to streamline the impact of lock-downs and social distancing on the conduct of exams, the University Grants Commission of India ( UGC ), constituted an Expert Committee to deliberate on the issues related to the conduct of examinations and the academic calendar during the pandemic to avoid academic loss to students. The UGC is a statutory body of the Government of India responsible for the coordination, determination and maintenance of standards of teaching, examination and research in university education, in India. Based on the recommendation of the Expert Committee, the UGC had issued Guidelines on Examinations and Academic Calendar for Universities on 29 April 2020. Under these guidelines it was proposed to conduct examinations in July 2020. However, in the light of rising COVID-19 cases and the likelihood of it further increasing, the Expert Committee was requested to revisit the guidelines. Pursuant to the recommendations of the committee, on 6 July 2020, UGC

Unlockdown 2.0: Ministry of Home Affairs Guidelines

Lockdown measures to contain the spread of COVID-19 has been in force in the country since 24 March 2020. On 30 May 2020, pursuant to the direction of the National Disaster Management Authority under Section 6(2)(i) of the Disaster Management Act, 2005, the Ministry of Home Affairs ( MHA ) issued an order enumerating the guidelines for phased re-opening of activities which were prohibited during the lockdown in areas outside the designated containment zones. This order was to remain in force up to 30 June 2020. On 29 June 2020, with a view to re-open more activities in the country, in a calibrated manner, in areas outside containment zones, the MHA issued the following detailed guidelines . The order has also extended the lockdown in containment zones up to 31 July 2020: 1. Activities permitted outside the Containment Zones: All activities except the following are permitted:     Schools, colleges, educational and coaching institutions will remain closed till

Face masks and hand sanitizers cease to be essential commodities

On 13 March 2020 , the Ministry of Consumer Affairs, Food and Public Distribution notified masks (2 ply & 3 ply surgical masks, N95 masks) & hand sanitizers as essential commodities under the Essential Commodities Act, 1955 ( Act ) up to 30 June 2020. Under the Act, if the Central Government deems fit, it may, in the interest of public, notify certain commodities as ‘essential’ in order to control the production, supply and distribution of such commodities. The origins of this Act can be found in the Defence of India Act, 1939 (“ DOI Act ”) and the Defence of India Rules, 1939 (“ DOI Rules ”). The DOI Act and the DOI Rules conferred broad discretionary powers on the Government to regulate and prohibit the production, distribution, consumption, movement and disposal of goods notified by the Government and forbid the practice of controlling prices by withholding of goods from the market. The DOI Act and DOI Rules ceased to have force in 1946, but the need to have contr

Karnataka High Court on grant of COVID-19 moratorium

The Reserve Bank of India ( RBI ) notified COVID-19 – Regulatory Package ( Circular ) on 27 March 2020 which inter-alia , permitted all commercial banks, co-operative banks, all India Financial Institutions and NBFCs to grant a 3-month moratorium on all payment of installments falling due between March 1, 2020 and May 31, 2020. Subsequently, on 22 May 2020, the period of the moratorium was extended by another 3 months by the RBI. Detailed note on the Circular can be accessed at https://jsacovid19.blogspot.com/2020/04/rbi-instructions-in-light-of-covid-19.html Followed by the Circular, the Ministry of Finance also issued FAQs on the matter to address the technicalities of the moratorium. However, several ambiguities still persisted in the subject matter, which the Karnataka High Court has addressed in its judgment on 8 July 2020 while ruling on a Writ Petition filed by a borrower. The Writ Petition was filed by Velankani Information Systems Limited (VISL) engaged in t

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