MHA Order Dt. 17.5.2020 on extension of lockdown till 31.5.2020 with guidelines on lockdown measure
No. 40-3/2020-DM-II(A)
Government of India
Ministry of Home Affairs
North Block, New Delhi-110001
Dated 17th May, 2020
ORDER
Whereas, the National Disaster Management Authority (NOMA) in exercise of their powers under section 6(2)(i) of the Disaster Management Act, 2005, vide their Orders dated 24.03.2020 , 14.04.2020 and 01.05.2020 had directed the National Executive Committee (NEC) to take lockdown measures so as to contain the spread of COVID-19 in the country;
Whereas, Chairperson NEC, in exercise of the powers conferred under Section 10(2)(1) of the Disaster Management Act, 2005, has issued Orders of even number on lockdown measures dated 24.03.2020 , 29.03.2020 , 14.04.2020, 15.04.2020 and 01.05.2020;
Whereas, save as otherwise provided in the guidelines annexed to this Order, all Orders issued by NEC under Section 10(2)(1) of the Disaster Management Act, 2005, shall cease to have effect from 18.05.2020;
Whereas, in exercise of the powers under section 6(2)(i) of the Disaster Management Act, 2005 , NOMA has issued an Order number 1-29/2020 – PP dated 17.05.2020 directing the Chairperson, NEC that lockdown measures to contain the spread of COVID-19 be continued to be implemented in all parts of the Country, for a further period upto 31.05.2020;
Now therefore, under directions of the aforesaid Order of NDMA dated 17.05.2020, and in exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, NEC, hereby issues directions for strict implementation , to all the Ministries/ Departments of Government of India, State/Union Territory Governments and State/ Union Territory Authorities that lockdown measures to contain the spread of COVID-19 will continue for a period of upto 31.05.2020, as per the guidelines annexed to this Order, which will come into effect from 18.05.2020.
Sd/-
Union Home Secretary
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:
i. All members of the National Executive Committee.
ii. Member Secretary, National Disaster Management Authority.
Guidelines on the measures to be taken by Ministries/ Departments of Government of India, State/ UT Governments and State/ UT Authorities for containment of COVID-19 in the country upto 31st May, 2020.
[As per Ministry of Home Affairs (MHA) Order No. 40-3/2020-DM-1 (A) dated 17th May, 2020]
1. Lockdown shall continue to remain in force upto 31st May, 2020.
2. The following activities shall continue to remain prohibited throughout the country:
i. All domestic and international air travel of passengers, except for domestic medical services, domestic air ambulance and for security purposes or purposes as permitted by MHA.
ii. Metro rail services .
iii. Schools, colleges, educational/ training/ coaching institutions etc. will remain closed. Online/ distance learning shall continue to be permitted and shall be encouraged.
iv. Hotels, restaurants and other hospitality services, except those meant for housing health/ police/ Government officials/ healthcare workers/ stranded persons including tourists and for quarantine facilities; and running of canteens at bus depots, railway stations and airports. Restaurants shall be permitted to operate kitchens for home delivery of food items.
v. All cinema halls, shopping malls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places . Sports complexes and stadia will be permitted to open; however, spectators will not be allowed.
vi. All social/ political/ sports/ entertainment/ academic/ cultural/ religious functions/ other gatherings and large congregations .
vii. All religious places/ places of worship shall be closed for public. Religious congregations are strictly prohibited.
3. The following activities shall be permitted with restrictions, except in the Containment Zones:
i. Inter-State movement of passenger vehicles and buses, with mutual consent of the State(s)/ UT(s) involved.
ii. Intra-State movement of passenger vehicles and buses, as decided by the States and UTs.
iii. Standard Operating Procedures (SOPs) for movement of persons, as mentioned in Annexure I, shall continue to operate.
4. National Directives for COVID-19 Management
National Directives for COVID 19 Management, as specified in Annexure II, shall be followed throughout the country.
5. Containment, Buffer, Red, Green and Orange Zones
i. The delineation of Red, Green and Orange Zones will be decided by the respective State and UT Governments, after taking into consideration the parameters shared by Ministry of Health & Family Welfare (MoHFW), Government of India (Got).
ii. Within the Red and Orange Zones, Containment Zones and Buffer Zones will be demarcated by the District authorities, after taking into consideration the guidelines of MoHFW.
iii. In the Containment Zones, only essential activities shall 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. Guidelines of MoHFW shall be taken into consideration for the above purpose.
iv. In the Containment Zones, there shall be intensive contact tracing, house-to house surveillance, and other clinical interventions, as required.
6. Night curfew
The movement of individuals shall remain strictly prohibited between 7.00 pm to 7.00 am, except for essential activities. Local authorities shall issue orders, in the entire area of their jurisdiction, under appropriate provisions of law, such as prohibitory orders [Curfew] under Section 144 of CrPC, and ensure strict compliance.
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, shall stay at home, except for essential and health purposes.
8. All other activities will be permitted, except those which are specifically prohibited.
However, in Containment Zones, only essential activities shall be allowed, as mentioned in para 5(iii) above.
Further, States/ UTs, based on their assessment of the situation, may prohibit certain other activities in the various zones, or impose such restrictions as deemed necessary.
9. 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.
10. Special directions to ensure movement of persons and goods in certain cases
i. All States/ UTs shall allow inter-State and intra-State movement of medical professionals, nurses and para medical staff, sanitation personnel and ambulances, without any restriction.
ii. All States/ UTs shall allow inter-State movement of all types of goods/ cargo, including empty trucks.
iii. No State/ UT shall stop the movement of any type of goods/ cargo for cross land-border trade under Treaties with neighbouring countries.
11. Strict enforcement of the guidelines
i. State/ UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005 , in any manner.
ii. All the District Magistrates shall strictly enforce the above measures.
iii. In order to implement these measures, the District Magistrates will deploy Executive Magistrates as Incident Commanders in the respective local jurisdictions . The Incident Commander will be responsible for the overall implementation of these measures in their respective jurisdictions.
12. 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 Sec. 188 of the IPC, and other legal provisions as applicable. Extracts of these penal provisions are at Annex III.
Sd/-
Union Home Secretary
Annexure I
Standard Operating Procedures (SOPs) issued by MHA
i. SOP on transit arrangement for foreign national(s) in India issued vide Order dated April 02, 2020.
ii. SOP on movement of stranded labour within States/ UTs, issued vide Order dated April 19, 2020.
iii. SOP on sign-on and sign-off of Indian seafarers, issued vide Order dated April 21, 2020 .
iv. SOP on movement of stranded migrant workers , pilgrims , tourists, students and other persons, issued vide Order dated April 29, 2020 and Order dated May 01, 2020.
v. SOP on movement of Indian Nationals stranded outside the country and of specified persons to travel abroad, issued vide Order dated May 5, 2020.
vi. SOP on movement of persons by train, issued vide Order dated May 11, 2020.
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Annexure II
National Directives for COVID 19 Management
1. Wearing of face cover is compulsory in all public and work places.
ii. Spitting in public & work places shall be punishable with fine, as may be prescribed in accordance with its laws, rules or regulations by the State/ UT local authority.
iii. Social distancing shall be followed by all persons in public places and in transport.
iv. Marriage related gathering shall ensure social distancing , and the maximum number of guests allowed shall not be more than 50.
v. Funeral/ last rites related gathering shall ensure social distancing, and the maximum numbers allowed shall not be more than 20.
vi. Consumption of liquor , paan, gutka, tobacco etc. in public places is not allowed.
vii. Shops will ensure minimum six feet distance (2 gaz ki doon) among customers and shall not allow more than 5 persons at the shop.
Additional directives for Work Places
viii. As far as possible, the practice of work from home should be followed.
ix. Staggering of work/ business hours shall be followed in offices, work places, shops, markets and industrial & commercial establishments .
x. Provision for thermal scanning, hand wash and sanitizer will be made at all entry and exit points and common areas.
xi. Frequent sanitization of entire workplace , common facilities and all points which come into human contact e.g. door handles etc., shall be ensured, including between shifts.
xii. All persons in charge of work places shall ensure social distancing through adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.
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Annexure III
Offences and Penalties for Violation of Lockdown Measures
COMMENTS