Government of Chhattisgarh’s response to the COVID-19 pandemic

Anurag Vaishnav - April 21, 2020

In response to the COVID-19 pandemic, the central and state governments have implemented several measures to reduce the spread of the disease and provide relief for those affected by the it. In this blog, we look at some of the key measures taken by the Government of Chhattisgarh with regard to public health, ensuring supply of essential commodities and providing relief to affected persons.

COVID-19 cases in the State

As of April 21, 2020, Chhattisgarh has 36 confirmed cases of COVID-19. Of these, 11 are active cases, and 25 patients have been cured or discharged. This is illustrated below in Figure 1.

Figure 1: Day wise COVID-19 Cases in Chhattisgarh

Sources: Ministry of Health and Family Welfare, Government of India; PRS.

Key measures taken by the State Government

On March 13, 2020, the Department of Health and Family Welfare notified the Chhattisgarh Epidemic Disease, COVID-19 Regulations, 2020. Key provisions of the regulations include:

The district collector can take necessary actions such as sealing geographical area of the district and ban vehicular movement, in order to prevent the spread of the epidemic. Further, the district administration may take measures such as closure of schools, offices and banning public gatherings.
In order to avoid rumours and unauthenticated information, no person or institution can use any print or electronic media for information regarding COVID-I9 without prior permission of Health Department.
All health facilities (including private) should have COVID-19 corners for screening of suspected cases. Further, they should record travel history of a person if he has travelled to an area affected by COVID-19.

Movement restrictions: Following these regulations, the government announced several additional measures to restrict movement of people to contain the spread of COVID-19.

On March 19, the Transport department stopped running of all inter-state buses in the state to restrict movement to and from the state. On March 21, all city bus services in urban areas of the state were suspended. This was followed by stoppage of all transport including auto, taxi and e-rickshaws.
On March 22, the government announced a lockdown in all urban areas of the state till March 31 during which all offices, institutions and other activities were to remain closed. Essential services such as medical shops, vegetable shops, petrol pumps, electricity and water supply services were open.
On March 25, the central government announced on a 21-day country-wide lockdown till April 14. On April 14, the lockdown was further extended till May 3, 2020.

Essential Goods and Services: Following the lockdown, the government notified certain additional essential goods and services that will remain unaffected by the lockdown. These are noted below:

On March 13, 2020, the central government notified hand sanitisers, surgical masks and N-95 masks as Essential Commodities. This implies that the government can regulate the product, supply and pricing of these items. Following this, the state government notified that the district administration should monitor the price of surgical masks, N-95 masks and hand sanitisers in each district of the state.
On March 24, the state department of Food and Public Distribution notified certain additional essential goods and services under the Essential Commodities Act, 1955. These include: (i) wheat and rice mills, (ii) operations of items used in acquirement or storage of items under the Public Distribution System, such as fertilisers, (iii) supply of Petrol, Diesel, CNG and LPG, among others.
On April 15, the Ministry of Home Affairs issued guidelines on the measures to be taken by state governments until May 3. As per these guidelines, select activities will be permitted in less-affected districts from April 20 onwards to reduce the hardships faced by people. Permitted activities include: (i) health services such as hospitals, clinics, and vets, (ii) agriculture and related activities such as fisheries and plantations, (iii) MNERGA work, (iv) construction activities, and (v) industrial establishments.

Relief measures: During the lockdown, the state government announced several measures to provide relief to the affected individuals. Key measures include:

Rice for two months will be provided in April to all beneficiaries under the Public Distribution System. Antyodaya & Annapurna ration card holders will also get sugar and salt for two months in April. Two quintal of rice is allocated to every gram panchayat, which can be utilised for distribution to individuals without ration cards, subject to a maximum of 5 kg for an individual.
4 kg of rice at primary level and 6 kg at upper primary level will be provided to school children under the Mid-day Meal Scheme, on account of closure of schools. Further, arrangements will be made to provide ready to eat take home rations for undernourished children between the age of 3 to 6 at Aanganwadi centres.

The government approved sanction of MLA funds for corona virus prevention and other necessary arrangements and support. The Chief Minister announced that there will be no mandatory deduction from salaries of state government officials and employees for pandemic relief.
The state’s Labour Department sanctioned Rs 3.8 crore to aid labourers affected due to lockdown.
Pending taxes, interest and penalties of bus and truck operators of nearly Rs 331 crore to be waived off.

Health Measures: Over the last few weeks, the government issued several guidelines and orders on containment of the virus, patient handling and protection of healthcare workers. Some of these are noted below:

On March 23, the government of Chhattisgarh declared Corona Virus as a "Notified Infectious Disease" under the Chhattisgarh Public Health Act, 1949. Further, it notified measures to be taken for prevention of spread of COVID-19 at industries and workplaces. These included restricting the number of employees at workplaces, and ensuring sanitisation at workplace.
Guidelines regarding bio-medical waste in quarantine homes and camps were notified. These guidelines provide that all workers involved in waste collection should be provided with personal protective equipment. Further, vehicles carrying such waste should be sanitised with 1% hypochlorite after every trip.
On April 11, the Department of Health and Family Welfare made it mandatory to wear a mask for all persons while stepping out of their house for any public place.
The department also released guidelines for patients cured of COVID-19. These guidelines provide that such persons should be escorted to their home district from the hospital and regular monitoring and supervision of their health should be ensured by the district administration.
Further, the department released guidelines for continuation of other hospital services during COVID-19 outbreak. The guidelines provide that the patients should be advised on phone as far as possible, and should be given separate timings for in-person appointments to avoid congestion at hospitals. On April 18, the Chief Minister announced an online health consultation website for patients, through which patients can seek free of cost advice from doctors.

For more information on the spread of COVID-19 and the central and state government response to the pandemic, please see here.

Policy

Relaxation of labour laws across states

Anya Bharat Ram - May 12, 2020

To contain the spread of COVID-19 in India, the central government imposed a nation-wide lockdown on March 24, 2020. Under the lockdown most economic activities, other than those classified as essential activities, were suspended. States have noted that this loss of economic activity has resulted in a loss of income for many individuals and businesses. To allow some economic activities to start, some states have provided relaxations to establishments from their existing labour laws. This blog explains the manner in which labour is regulated in India, and the various relaxations in labour laws that are being announced by various states.

How is labour regulated in India?

Labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and State Legislatures can make laws regulating labour. Currently, there are over 100 state laws and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security, and wages. To improve ease of compliance and ensure uniformity in central level labour laws, the central government is in the process of codifying various labour laws under four Codes on (i) industrial relations, (ii) occupational safety, health and working conditions, (iii) wages, and (iv) social security. These Codes subsume laws such as the Industrial Disputes Act, 1947, the Factories Act, 1948, and the Payment of Wages Act, 1936.

How do state governments regulate labour?

A state may regulate labour by: (i) passing its own labour laws, or (ii) amending the central level labour laws, as applicable to the state. In cases where central and state laws are incompatible, central laws will prevail and the state laws will be void. However, a state law that is incompatible with central laws may prevail in that state if it has received the assent of the President. For example: In 2014, Rajasthan amended the Industrial Disputes Act, 1947. Under the Act, certain special provisions with regard to retrenchment, lay-off and closure of establishments applied to establishments with 100 or more workers. For example, an employer in an establishment with 100 or more workers required permission from the central or state government prior to retrenchment of workers. Rajasthan amended the Act to increase the threshold for the application of these special provisions to establishments with 300 workers. This amendment to the central law prevailed in Rajasthan as it received the assent of the President.

Which states have passed relaxations to labour laws?

The Uttar Pradesh Cabinet has approved an ordinance, and Madhya Pradesh has promulgated an ordinance, to relax certain aspects of existing labour laws. Further, Gujarat, Rajasthan, Haryana, Uttarakhand, Himachal Pradesh, Assam, Goa, Uttar Pradesh, and Madhya Pradesh have notified relaxations to labour laws through rules.

Madhya Pradesh: On May 6, 2020, the Madhya Pradesh government promulgated the Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020. The Ordinance amends two state laws: the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961, and the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982. The 1961 Act regulates the conditions of employment of workers and applies to all establishments with 50 or more workers. The Ordinance increases this threshold to 100 or more workers. Therefore, the Act will no longer apply to establishments with between 50 and 100 workers that were previously regulated. The 1982 Act provides for the constitution of a Fund that will finance activities related to welfare of labour. The Ordinance amends the Act to allow the state government to exempt any establishment or class of establishments from the provisions of the Act through a notification. These provisions include payment of contributions into the Fund by employers at the rate of three rupees every six months.

Further, the Madhya Pradesh government has exempted all new factories from certain provisions of the Industrial Disputes Act, 1947. Provisions related to lay-off and retrenchment of workers, and closure of establishments will continue to apply. However, the other provisions of the Act such as those related to industrial dispute resolution, strikes and lockouts, and trade unions, will not apply. This exemption will remain in place for the next 1,000 days (33 months). Note that the Industrial Disputes Act, 1947 allows the state government to exempt certain establishments from the provisions of the Act as long as it is satisfied that a mechanism is in place for the settlement and investigation of industrial disputes.

Uttar Pradesh

The Uttar Pradesh Cabinet has approved the Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020. According to news reports, the Ordinance seeks to exempt all factories and establishments engaged in manufacturing processes from all labour laws for a period of three years, subject to the fulfilment of certain conditions. These conditions include:

Wages: The Ordinance specifies that workers cannot be paid below minimum wage. Further, workers must be paid within the time limit prescribed in the Payment of Wages Act, 1936. The Act specifies that: (i) establishments with less than 1,000 workers must pay wages before the seventh day after the last day of the wage period and (ii) all other establishments must pay wages before the tenth day after the last day of the wage period. Wages must be paid into the bank accounts of workers.
Health and safety: The Ordinance states that provisions of health and safety specified in the Building and Other Construction Workers Act, 1996 and Factories Act, 1948 will continue to apply. These provisions regulate the usage of dangerous machinery, inspections, and maintenance of factories, amongst others.
Work Hours: Workers cannot be required to work more than eleven hours a day and the spread of work may not be more than 12 hours a day.
Compensation: In the case of accidents leading to death or disability, workers will be compensated as per the Employees Compensation Act, 1923.
Bonded Labour: The Bonded Labour System (Abolition) Act, 1976 will continue to remain in force. It provides for the abolition of the bonded labour system. Bonded labour refers to the system of forced labour where a debtor enters into an agreement with the creditor under certain conditions such as to repay his or a family members debt, due to his caste or community, or due to a social obligation.
Women and children: Provisions of labour laws relating to the employment of women and children will continue to apply.

It is unclear if labour laws providing for social security, industrial dispute resolution, trade unions, strikes, amongst others, will continue to apply to businesses in Uttar Pradesh for the period of three years specified in the Ordinance. Since the Ordinance is restricting the application of central level labour laws, it requires the assent of the President to come into effect.

Changes in work hours

The Factories Act, 1948 allows state governments to exempt factories from provisions related to work hours for a period of three months if factories are dealing with an exceptional amount of work. Further, state governments may exempt factories from all provisions of the Act in the case of public emergencies. The Gujarat, Himachal Pradesh, Rajasthan, Haryana, Uttar Pradesh, Goa, Assam and Uttarakhand governments passed notifications to increase maximum weekly work hours from 48 hours to 72 hours and daily work hours from 9 hours to 12 hours for certain factories using this provision. Further, Madhya Pradesh has exempted all factories from the provisions of the Factories Act, 1948 that regulate work hours. These state governments have noted that an increase in work hours would help address the shortage of workers caused by the lockdown and longer shifts would ensure fewer number of workers in factories allowing for social distancing to be maintained. Table 1 shows the state-wise increase in maximum work hours.

Table 1: State-wise changes to work hours

State	Establishments	Maximum weekly work hours	Maximum daily work hours	Overtime Pay (2x ordinary wages)	Time period
Gujarat	All factories	Increased from 48 hours to 72 hours	Increased from 9 hours to 12 hours	Not required	Three months
Himachal Pradesh	All factories	Increased from 48 hours to 72 hours	Increased from 9 hours to 12 hours	Required	Three months
Rajasthan	All factories distributing essential goods and manufacturing essential goods and food	Increased from 48 hours to 72 hours	Increased from 9 hours to 12 hours	Required	Three months
Haryana	All factories	Not specified	Increased from 9 hours to 12 hours	Required	Two months
Uttar Pradesh	All factories	Increased from 48 hours to 72 hours	Increased from 9 hours to 12 hours	Not required	Three months*
Uttarakhand	All factories and continuous process industries that are allowed to function by government	Maximum 6 days of work a week	Two shifts of 12 hours each.	Required	Three months
Assam	All factories	Not specified	Increased from 9 hours to 12 hours	Required	Three months
Goa	All factories	Not specified	Increased from 9 hours to 12 hours	Required	Approximately three months
Madhya Pradesh	All factories	Not specified	Not specified	Not specified	Three months

Note: *The Uttar Pradesh notification was withdrawn

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Government of Chhattisgarh’s response to the COVID-19 pandemic

Relaxation of labour laws across states

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