Public Health Emergency Act
The Public Health Emergency Act was published on 22 September 2020 and sets out provisions with regard to special procedures needed to implement temporary measures and to facilitate smooth functioning of the state authorities in order to provide safety and assistance to the individuals, families and businesses during the period of state of public health emergency declared as a result of the ongoing the coronavirus COVID-19 pandemic. The key areas of the Act are as follows:
Special Paid Leaves for Employees
The Act provides that employers can reduce remuneration paid to employees, layoff, or terminate employment, provided that such employers were adversely affected due to the COVID-19 pandemic to the extent that the employer can no longer remunerate, or maintain their staff. The Act requires the Ministry of Economic Development to publish a regulation within 14 days setting out the conditions under which an enterprise is considered adversely affected by the pandemic.
Employees have the right to lodge a case with the Employment Tribunal if they are subject to a prohibited action under the Act. Such action must be brought to the Tribunal within 90 days of such action or within 30 days of the end of the state of public health emergency due to COVID-19, whichever comes later.
COVID-19 Healthcare Coverage for Maldivians and Foreigner
The Act requires the State to cover COVID-19 treatment expenses of Maldivians under the National Health Insurance Scheme or any other scheme or fund.
The Act provides that COVID-19 treatment expenses for Foreigners will be covered by the insurance scheme that they are enrolled in, and that Employers must cover any treatment costs not covered by the insurance scheme.
Moratorium on Evictions and Enforcement of Mortgage
The Act prohibits landlords from evicting lessees unless a 60-day prior written notice is served, and is barred from taking any action to evict lessees during this period.
Mortgagors or any other party are prohibited from taking actions to instigate procedures under the Mortgage Act, or filing a case at the court to enforce such mortgage during the effective period of the Act.
Landlords are prohibited from Disconnecting Utilities
The Act prohibits landlords from disconnecting utilities such as electricity, water supply and telecommunication, or carry out any action which would impact the peaceful enjoyment of such services by the lessee during the effective period of the Act.
Dispute Resolution pertaining to prohibited Actions regarding Residential Properties
A party affected by a prohibited action – disconnection of utilities, eviction without notice, interruption to quiet enjoyment of the premises – may lodge a complaint with the Ministry of National Planning, Housing and Infrastructure.
Government Required to Provide Food and Shelter to Affected Persons
The Act requires the Government to provide food and temporary shelter for affected persons during the effective period of the Act.
Special Rules on Taxes
The Act authorises the Government to postpone the date of payment of taxes, and notify the date of payment of such taxes in the Government Gazette. If the Government postpones payment of taxes, the MIRA must postpone the date of submission of the corresponding tax returns to the new date which has been set.
The Act authorises the MIRA to seek recovery of taxes in accordance with the Tax Administration Act if taxpayers fail to fulfil their obligations in accordance with the new dates specified by the Government.
Remote Hearing and Electronic Submission Procedures for Courts and Tribunals
The Act requires that courts and tribunals carry out hearings in such a manner that the public can attend the proceedings. The Act specifies that arranging viewer access for the public for remote hearings should satisfy the conditions prescribed in the Act.
Courts and tribunals should make arrangements so that cases can be filed electronically, and the documents which need to be delivered to the parties and others can be delivered electronically.
The Act provides that, if a law requires a case to be filed in 10 days or less, deadlines may be extended for further 10 days (does not apply to remand hearings). If the law requires a case to be filed in more than 10 days, the deadline may be extended by authorities with approval from the Court.
Financial Statements and Annual Reports
The Act provides that submission period of Financial Statements and Annual Reports by a State institution, bank, non-financial institution or a company as per an Act will be suspended from 12 March 2020 until the date on which the Public Health Emergency ends.
Effective Date
This Act shall be effective from 22 September 2020 onwards and sunsets on the 60th day after the end of the Public Health Emergency.
