Unlock 5 MHA Guidelines for Phased Re-opening upto 31.10.2020: Re-opening of schools and coaching institutions, Swimming pools, Cinemas/ theatres/ multiplexes, after 15th October 2020

Unlock 5 MHA Guidelines for Phased Re-opening upto 31.10.2020: Re-opening of schools and coaching institutions, Swimming pools, Cinemas/ theatres/ multiplexes, after 15th October 2020

No.  40-3/2020-DM-l(A)
Government of India
Ministry of Home Affairs

North Block, New Delhi-110001
Dated 30th September, 2020

ORDER

Whereas, an Order of even number dated 29.08.2020 was issued for containment of COVID-19 in the country, for a period upto 30.09.2020;

Whereas, in exercise of the powers under section 6(2)(i) of the Disaster Management Act, 2005, National Disaster Management Authority (NDMA) has directed the undersigned to issue an order to re-open more activities in areas outside the Containment Zones and to extend the lockdown in Containment Zones upto 31.10.2020;

Now therefore, in exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act 2005, the undersigned hereby directs that guidelines for Re-opening, as annexed, will be in force upto 31.10.2020.

Union Home Secretary
and, Chairman, National Executive Committee (NEC)

To:

1. The Secretaries of Ministries/ Departments of Government of India
2. The Chief Secretaries/Administrators of States/Union Territories (As per list attached)

Copy to:

1. All Members of the National Executive Committee
2. Member Secretary, National Disaster Management Authority

Guidelines for Re-opening

[As per Ministry of Home Affairs (MBA) Order No. 40-3/2020-DM-I (A) dated 30th September, 2020]

1. Activities permitted outside the Containment Zones

In areas outside the Containment Zones, all activities will be permitted, except the following:

• State/ UT Governments may take a decision in respect of re-opening of schools and coaching institutions, after 15th October 2020, in a graded The decision shall be taken in consultation with the respective school/ institution management, based on their assessment of the situation, and subject to the following conditions:
  1. Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.
  2. Where schools are conducting online classes, and some students prefer to attend online classes rather than physically attend school, they may be permitted to do so.
  3. Students may attend schools/ institutions only with the written consent of parents.
  4. Attendance must not be enforced, and must depend entirely on parental consent.
  5. States /UTs will prepare their own standard operating procedure (SOP) regarding health and safety precautions for reopening of schools/ institutions based on the SOP to be issued by Department of School Education and Literacy (DoSEL), Ministry of Education, Government of India, keeping local requirements in view.
  6. Schools, which are allowed to open, will have to mandatorily follow the SOP to be issued by Education Departments of States/ UTs prepared as above.
• Department of Higher Education (DHE), Ministry of Education may take a decision on the timing of the opening of Colleges/ Higher Education Institutions, in consultation with Ministry of Home Affairs (MHA), based on the assessment of the Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.

However, Higher Education Institutions only for research scholars (Ph.D) and post-graduate students in science and technology stream requiring laboratory/ experimental works will be permitted to open from 15th October, 2020, as under:

1. For Centrally Funded Higher Education Institutions, the Head of Institution  will   satisfy  herself/   himself   that  there   is  a  genuine requirement of research scholars (Ph.D) and post-graduate students in science and technology stream for laboratory/experimental works.
2. For all other Higher Education Institutions g. State Universities, Private  Universities etc., they may open only for research scholars (Ph.D) and postgraduate students in science and technology stream requiring laboratory/experimental works as per decision to be taken by the respective State/UT Governments.

• Swimming pools being used for training of sportspersons will be permitted to open with effect from 15th October, 2020, for which the SOP will be issued by Ministry of Youth Affairs & Sports (MoYA&S).
• Cinemas/ theatres/ multiplexes will be permitted to open with upto 50% of their seating capacity, in areas outside the Containment Zones only, with effect from 15th October 2020, for which, SOP will be issued by Ministry of Information & Broadcasting.

• Entertainment parks and similar places will be permitted to open with effect from 15th October, 2020, for which the SOP will be issued by Ministry of Health & Family Welfare (MoHFW).
• Business to Business (B2B) Exhibitions will be permitted to open, in areas outside the Containment Zones only, with effect from 15th October 2020, for which, SOP will be issued by the Department of Commerce.
• Social/ academic/ sports/ entertainment/ cultural/ religious/ political functions and other congregations have already been permitted with a ceiling of 100 persons, outside Containment Zones Such gatherings beyond the limit of 100 persons may be permitted, outside Containment Zones, by State/ UT Governments only after 15th October 2020, and subject to the following conditions:
  1. In closed spaces, a maximwn of 50% of the hall capacity will be allowed, with a ceiling of 200 Wearing of face masks, maintaining social distancing, provision for thermal scanning and use of hand wash or sanitizer will be mandatory.
  2. In open spaces, keeping the size of the ground/ space in view, and with strict observance of social distancing, mandatory wearing of face masks, provision for thermal scanning and hand wash or sanitizer.

State/  UT  Governments  will  issue  detailed  SOPs,  to  regulate  such gatherings and strictly enforce the same.

• International air travel of passengers, except as permitted by MHA .

2.  National Directives for COVID-19 Management

National Directives for COVID-19 Management, as specified in Annexure I, shall continue to be followed throughout the country.

(3) Lockdown limited to Containment Zones

• Lockdown shall remain in force in the Containment Zones till 31st October,
• Containment Zones shall be demarcated by the District authorities at micro level after taking into consideration the guidelines of MoHFW with the objective of effectively breaking the chain of Strict containment measures will be enforced in these containment zones and only essential activities will be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of MoHFW shall be effectively implemented for the above purpose.
• These Containment Zones will be notified on the websites by the respective District Collectors and by the States/ UTs and information will be shared with MoHFW.

(4) State/ UT Governments shall not impose any local lockdown (State/ District/ sub-division/City level), outside the containment zones, without prior consultation with the Central Government.

(5) No restriction on Inter-State and intra-State movement

There shall be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treaties  with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements.

(6) Movement of persons with SOPs

Movement by passenger trains; domestic passenger air travel; movement of persons on Vande Bharat and Air Transport Bubble flights; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

(7) Protection of vulnerable persons

Persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years are advised to stay at home, except for essential and health purposes.

(8) Use of Aarogya Setu

(I) Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

(ii) With a view to ensuring safety in offices and work places, employers on best effort basis should ensure that Aarogya Setu is installed by all employees having compatible mobile phones.

(iii) District authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app. This will facilitate timely provision of medical attention to those individuals who are at risk.

9. Strict enforcement of the guidelines

• State/ UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005, in any manner.
• For the enforcement of social distancing, State/ UT Governments may, as far as possible, use the provisions of Section 144 of the Criminal Procedure Code (CrPC) of 1973.
• All the District Magistrates shall strictly enforce the above

10. Penal provisions

Any person violating these measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section l 88 of the IPC, and other legal provisions as applicable. Extracts of these penal provisions are at Annexure II.

 Union Home Secretary and,
Chairman, National Executive Committee

Annexure I

NATIONAL DIRECTIVES FOR COVID-19 MANAGEMENT

1. Face coverings: Wearing of face cover is compulsory in public places; in workplaces; and during transpost.
2. Social distancing: Individuals must maintain a minimum distance of 6 feet (2 gaz ki doori) in public places.

• Shops will ensure physical distancing among customers.

3. Spitting in public places will be punishable with fine, as may be prescribed by the State/ UT local authority in accordance with its laws, rules or regulations.

Additional  directives for  Work Places

4. Work from home (WfH): As far as possible the practice of WfH should be followed.
5. Staggering of work/ business hours will be followed in offices, work places, shops, markets and industrial & commercial establishment.

6. Screening & hygiene: Provision for thermal scanning, hand wash or sanitizer will be made at all entry points and of hand wash or sanitizer at exit points and common areas.

7. Frequent sensitization of entire workplace, common facilities and all points which come into human contact g. door handles etc., will be ensured, including between shifts.
8. Social distancing: All persons in charge of work places will ensure adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.

Annexure II

Offences and Penalties for Violation of Lockdown Measures

(A) Section 51 to 60 of the Disaster Management Act, 2005

51. Punishment for obstruction, etc.-Whoever, without reasonable cause –

(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or

(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,

shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

52. Punishment for false claim.-Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief: assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Auth01ity or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with
53. Punishment for misappropriation of money  or  materials, etc. ­ Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief  in  any threatening  disaster  situation  or disaster,  misappropriates  or appropriates for his own use or disposes of such money or materials or any part thereof or willfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
54. Punishment for false warning.-Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
55. Offences by Departments of the Government.-(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

56. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. -Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.
57. Penalty for contravention of any order regarding requisitioning -If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
58. Offence by companies -(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the tune the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.

• Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. –For the purpose of this section-

• “company” means anybody corporate and includes a firm or other association of individuals; and
• “director”, in relation to a firm, means a partner in the firm.

59. Previous sanction for prosecution –No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government.
60. Cognizance of offences.-No  court shall take cognizance of an offence under this Act except on a complaint made by-

• the National Authority, the State Authority, the Central Government, the State Gove1nment, the District Authority or any other authority or officer authorised in this behalf by that Authority or Gove1nment, as the case may be; or
• any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the NationJ Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid.

(B) Section 188 in the Indian Penal Code, 1860

1. 188. Disobedience to  order  duly  promulgated  by  public  servant.­ Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management,  disobeys such direction, shall, if such disobedience causes or tends to cause obstruction,  annoyance  or injury, or risk  of obstruction, annoyance  or injury,  to  any person  lawfully  employed, be punished  with simple imprisonment for a term which may extend to one month or with fine which  may  extend  to  two  hundred  rupees,  or  with  both;  and  if  such disobedience causes or trends to cause danger to human life, health or safety, or  causes  or  tends  to  cause  a  riot  or  affray,  shall  be  punished  with imprisonment  of  either  description  for  a term  which  may  extend  to  six months, or with fine which may extend to one thousand rupees, or with both.

Explanation.-It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

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