State-Wise Applicability of ‘Force Majeure’ Clauses in India Amidst Outbreak of Covid-19
India Force Majeure State Wise
Non-performing parties in a contract may rely on the applicable provision of ‘Force Majeure’ (a French phrase that literally translates to “superior force”) and/or the common law doctrine of frustration to avoid liability for what would otherwise amount to a breach of contract. This legal update lists down the date of applicability of such clauses in India amidst the outbreak of COVID-19.
Given the unprecedented nature of the widespread outbreak of COVID-19 and/or the response of the governments across the globe, it is highly probable that COVID-19 would constitute a force majeure event under many contracts having such clauses.
In India, several State Governments and the Central Government have imposed travel restrictions, mandated quarantines, and/or has closed borders and business operations, in order to contain/restrict further spread. These orders/circulars/notifications will come in effect from a specific date which differs from state to state. The said dates specify the applicability of such ‘Force Majeure’ clauses which comes in effect from the same date of the enforcement of such orders/circulars/notifications.
In the light of the recent announcement dated 24-03-2020 by the Hon’ble Prime Minister of India declaring three-week nationwide lockdown starting midnight of 24-03-2020 and the subsequent order dated 24-03-2020 vide No.40-3/2020-Dm-I(A) passed by the Government of India, Ministry of Home Affairs, we are receiving several queries pertaining to the enforceability of ‘Force majeure’ clauses in contracts and the specific date of their applicability. In response to the same, we have prepared a list of dates in all the States and Union Territories pertaining to the applicability of the ‘Force Majeure’ clauses in India.
STATE-WISE LIST AND DATES ALONG WITH NOTIFICATION/ORDER/OFFICIAL CORRESPONDENCE
S.NO. | STATE | ORDER/CIRCULAR/NOTIFICATION | DATE OF APPLICABILITY (with effect from) |
1. | Andhra Pradesh | Government Order dated 24-03-2020 vide Roc No.3390411/2020-M3 | 24-03-2020 |
2. | Arunachal Pradesh | Government Order dated 22-03-2020 vide No. Secy (H&FW)/5/1/2020 | 23-03-2020 |
3. | Assam | Government Order dated 23-03-2020 vide No. HLA/248/2020/35 | 24-03-2020 |
4. | Bihar | Government Memorandum dated 22-03-2020 vide Memorandum No. 115 (HS) / Patna | 22-03-2020 |
5. | Chhattisgarh | Government Order dated 21-03-2020 vide Order No. 127/S.Sa.Pr.V/2020 | 21-03-2020 |
6. | Goa | Order of the District Magistrate, North Goa dated 22-03-2020 vide No.8/8/2020-MAG/L&O (Vol.I)/975 (For North Goa) | 23-03-2020 |
Order of the Collector & District Magistrate, South Goa dated 22-03-2020 vide No.37/19/2020/L&O/MAG/3169 | 23-03-2020 | ||
7. | Gujarat | Circular dated 21-03-2020 No. 11/NCV/102020/S.F.S.1-G/ and (For Surat, Rajkot and Vadodara including Gandhinagar and Kutch) | 21-03-2020 |
Order dated 22-03-2020 vide Office order no. AMC/MC/02 (For the city of Ahmedabad,) | 22-03-2020 | ||
Press release dated 22-03-2020 (For all other cities) | 23-03-2020 | ||
8. | Haryana | Government Order dated 22-03-2020 vide Endst. No. 81-90/COVID/2020 | 22-03-2020 |
9. | Himachal Pradesh | Government Order dated 23-03-2020 vide No. HFW-A-A (3)1/2020 | 23-03-2020 |
10. | Jharkhand | Government Order dated 22-03-2020 vide No.98/HSN | 22-03-2020 |
11. | Karnataka | Government Order dated 22-03-2020 vide No.DD/SSU/COVID-19/17/19-20 (For revenue districts of Bangalore Urban including BBMP area, Bangalore Rural, Kalaburgi, Chikkaballapur, Mysuru, Madikeri, Dharwad, Mangaluru and Belagavi) | 23-03-2020 |
*For all other districts and cities | 25-03-2020 | ||
12. | Kerala | Government Order dated 23-03-2020 vide G.O.(Ms) No. 49/2020/GAD | 23-03-2020 |
13. | Madhya Pradesh | Government Order dated 22-03-2020 vide No./38(B)/ACS/GAD/2020 | 22-03-2020 |
14. | Maharashtra | Government Order dated 23-03-2020 vide No. DMU/2020/CR. 92/DisM-1 | 23-03-2020 |
15. | Manipur | Press release dated 23-03-2020 vide BP/YG/APO(P) | 23-03-2020 |
16. | Meghalaya | Press release dated 22-03-2020 | 22-03-2020 |
17. | Mizoram | Government Order dated 21-03-2020 vide No. PHQ/IGP(L&O)/73/COVID-19/2020 | 22-03-2020 |
18. | Nagaland | Government Order dated 22-03-2020 vide No. CSO/GAB-I/COM/GEN-1/2020 | 23-03-2020 |
19. | Odisha | Government Order dated 21-03-2020 vide No.8709 (For Revenue Districts of Khurda, Cuttack, Ganjam, Kendrapada, Angul and the municipal jurisdiction of Puri, Rourkela, Sambalpur, Jharsuguda, Balasore, Jaipur, Jaipur Road and Bhadrak) | 22-03-2020 |
*For all other districts and cities | 25-03-2020 | ||
20. | Punjab | Government Order dated 22-03-2020 vide No.14/7/2020-4HB-IV/941 | 22-03-2020 |
21. | Rajasthan | Government Order dated 22-03-2020 vide No.F.1(1)M&H/Gr.2/2020 | 22-03-2020 |
22. | Sikkim | Notification dated 16-03-2020 vide No. 14/Home/2020 | 17-03-2020 |
23. | Tamil Nadu | Government Order dated 23-03-2020 vide G.O.(Ms). No.152 | 24-03-2020 |
24. | Telangana | Government Order dated 22-03-2020 vide G.O.Ms.N.45 | 22-03-2020 |
25. | Tripura | Government Order dated 24-03-2020 vide No. F.2(1)/CS/GA(P&T)/2020 | 24-03-2020 |
26. | Uttar Pradesh | Government Order vide Order No. /A.C.S/2020 For Districts of Agra, LucknowGautambuddh Nagar, Ghaziabad, Moradabad, Varanasi, LakhimpurKheiri, Bareilly, Azamgarh, Kanpur, Meerut, Prayagraj, Gorakhpur, Aligarh, Saharanpur. | 23-03-2020 |
*For all other districts and cities | 25-03-2020 | ||
27. | Uttarakhand | Government Order dated 22-03-2020 vide No.UKH&WS/PS-MDNHM/2019-20/217 | 22-03-2020 |
28. | West Bengal | Government Order dated 22-03-2020 vide No. H & FW /120/20 | 23-03-2020 |
*As per the order dated 24-03-2020 vide No.40-3/2020-Dm-I(A) passed by the Government of India, Ministry of Home Affairs.
S.NO. | UNION TERRITORY | NOTIFICATION/CIRCULAR/ORDER | DATE OF APPLICABILITY OF Force Majeure Clause |
1. | Andaman and Nicobar Island | Order dated 19-03-2020 vide Order No.412 | 20-03-2020 |
2. | Chandigarh | Administration Order dated 22-03-2020 vide Endst. No. F-2071/F-II(6)-2020 | 23-03-2020 |
3. | Dadra and Nagar Haveli and Daman and Diu | Administration Order dated 23-03-2020 vide No.DMHS/COVID-19/2020/2634 | 23-03-2020 |
4. | The Government of NCT of Delhi | Government Order dated 22-03-2020 vide No. F.51/DGHS/PH-IV/COVID-19/2020/prsecyhfw/ | 22-03-2020 |
5. | Jammu and Kashmir | Order dated 2-03-20220 vide No. PS/CS/19/2020 | 22-03-2020 |
6. | Ladakh | Administration Order dated 23-03-2020 vide no. DCL/PS/COVID-19/OO/2020 | 23-03-2020 |
7. | Lakshadweep | Administration Order dated 22-03-2020 vide F.No. 29-1/2020-DHS/IDSP/795 | 22-03-2020 |
8. | Puducherry | Government Order dated 23-03-2020 vide G.O.Ms.No.03/2020 | 23-03-2020 |
Contributed By – Abhishek Bagga & Gaurav Singh Gaur
Designation – Associate
King Stubb & Kasiva,
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