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Bombay High Court Directs PSU To Use CSR Funds To Set Up Oxygen Plants For Hospitals

Sharmeen Hakim
28 April 2021 4:53 AM GMT
Bombay High Court Directs PSU To Use CSR Funds To Set Up Oxygen Plants For Hospitals

With an aim of oxygen supply in Nagpur region, the Bombay High Court(Nagpur Bench) has directed the Manganese Ore India Ltd, a Public Sector Undertaking, to utilize its Corporate Social Responsibility(CSR) funds for setting upoxygen generation, storage and distribution plants att he hospitals indicated by the District Collector, Nagpur.

"We are also of the opinion that for same purpose of augmenting oxygen production capacity,we need to take help of another Public Sector giant in Nagpur, the Manganese Ore India Ltd. and so we direct the Chairman and Managing Director Manganese Ore India Limited, Nagpur to utilise it's"Corporate Social Responsibility Fund" for setting up oxygen generation, storage and distribution plants at the hospitals indicated to him by the District Collector, Nagpur in consultation with Commissioner,NMC. We direct the District Collector, Nagpur to send communication in this regard immediately to C.M.D.,MOIL, Nagpur with a list of hospitals, like Nagpur Nagarik Rugnalaya and the like for the purpose ofsetting up these oxygen generation, storage and distribution plants by utlising "Corporate Social Responsibility Fund" of MOIL, Nagpur", a division bench comprising Justices Sunil Shukre and Avinash Gharote ordered.

To deal with the emergent oxygen crisis, the Bench directed the District Collector, Nagpur to accelerate the process of augmenting oxygen supply capacity in the district.

It ordered the Collector to take immediate steps for setting up individual oxygen generation plants at GMC, IGMC, and AIIMS, Nagpur, by taking necessary approvals within the next 48 hours.

The court noted that Western Coalfields Limited (WCL) had earlier shown interest in setting up these plants, but the proposal had made no progress in the last four days.

The bench then directed the Chief Managing Director of CMD to take a call within 24 hours on setting up these plants at their cost and directed the Managing Director, Manganese Ore India Limited, Nagpur to chip in.

"Today the situation is of emergency and, therefore, the decisions which must be taken are also emergent. We direct the CMD of WCL, Nagpur to decide on setting up these oxygen generating plants …at the cost of WCL, Nagpur within 24 hours. The WCL is also permitted to utilise the funds under the head of the "Corporate Social Responsibility Fund" for the purpose.

Provide doctors to AIIMS

During the hearing, Vibha Dutta, the Director, AIIMS, Nagpur pointed out the acute shortage of doctors at the hospital.

She submitted that nearly 220 beds were available, but they cannot be used for want of sufficient oxygen supply and availability of doctors. She added that they were unable to start 30 ICU beds with ventilators, for the same reason.

The intervenors pointed out that of the 647 MBBS doctors who signed up for their mandatory one year, 347 are or from Nagpur.

We also find that the need of AIIMS, Nagpur can be fulfilled if the DMER of Maharashtra considers allocating bond services of MBBS graduates in pursuance of its notice dated 16.4.2021 in sufficient numbers to AIIMS, Nagpur. We direct the DMER to allocate bond service of MBBS graduates in adequate number ranging from 25 to 40 doctors.

The Court also allowed Nagpur Medical College to earmark 20% of its oxygen beds as contingency beds to meet extreme emergency situations.

Click here to read/download the order

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