GoI issues Orders prescribing lockdown for containment of COVID-19 – Epidemic in the country. See MHA Orders and Guidelines
Press Information Bureau
Government of India
Ministry of Home Affairs
24-March-2020 21:10 IST
Government of India
issues Orders prescribing lockdown for containment of COVID-19 Epidemic in the
country
The COVID-19 epidemic has affected many
countries and the World Health Organisation has declared it ‘Pandemic’.
Government of India (GOI) has been taking several proactive
preventive and mitigating measures starting with progressive tightening of
international travel, issue of advisories for the members of the public,
setting up quarantine facilities, contact tracing of persons infected by the
virus and various social distancing measures. Several advisories have been
issued to States and Union Territories (UTs) for taking necessary measures to
contain the spread of this virus. Government have temporarily suspended metro
and rail services as well as domestic air traffic.
The situation has been continuously reviewed at the level of the
Prime Minister of India. The PM has addressed the Nation on the need for
preventive measures and has also held meeting with all the Chief Ministers
through video conference.
Experts, keeping in view the global experiences of countries
which have been successful in containing the spread of COVID-19 unlike some
others where thousands of people died, have recommended that effective measures
for social distancing should be taken to contain the spread of this pandemic
While steps taken by State/UT Governments are in the right
direction, lack of uniformity in the measures adopted as well as in their
implementation, may not serve the objective of containing the spread of the
virus. Considering the situation. The National Disaster Management Authority
(NDMA), chaired by Hon’ble Prime Minister Shri Narendra Modi, in exercise of
the powers under section 6(2)(i) of the Disaster Management Act, 2005, has
issued an Order dated 24.03.2020, directing the Ministries/ Departments of
Government of India, and the State/Union Territory Governments and State/ Union
Territory Authorities to take effective measures to prevent the spread of
COVID-19 in the country.
In compliance of the said Order of NDMA, Ministry of Home
Affairs (MHA) has issued an Order dated 24.03.2020 under Section 10(2)(l) of
the Disaster Management Act, directing the Ministries/ Departments of
Government of India, State/Union Territory Governments and State/ Union
Territory Authorities to take effective measures for ensuring social distancing
so as to prevent the spread of COVID-19 in the country. The Order shall remain
in force, in all parts of the country, for a period of 21 days with effect from
25.03.2020.
The Ministries/ Departments of Government of India and State
Governments/Union Territory Administrations, have been directed to ensure
strict implementation of these Orders. The implementation of these
measures will be monitored by MHA.
***
Guidelines on the measures to be taken by Ministries/
Departments of Government of India, State/Union Territory Governments and
State/ Union Territory Authorities for containment of COVID-19 Epidemic in the
Country.
1. Offices of the Government of India, its
Autonomous/ Subordinate Offices and Public Corporations shall remain closed.
Exceptions:
Defence, central armed police forces, treasury , public
utilities (including petroleum, CNG, LPG, PNG), disaster management, power
generat ion and transmission units, post offices, National Informatics Centre,
Early Warning Agencies
2. Offices of the State/ Union Territory
Governments, their Autonomous Bodies, Corporations, etc. shall remain closed.
Exceptions:
a. Police, home guards, civil defence, fire and
emergency services, disaster management, and prisons.
b. District administration and Treasury
c. Electricity, water, sanitation
d. Municipal bodies-Only staff required for
essential services like sanitation, personnel related to water supply etc
The above offices (SI. No 1
& 2) should work with minimum number of employees. All other offices may
continue to work-from-home only.
3. Hospitals and all related medical
establishments, including their manufacturing and distribution units, both in
public and private sector, such as dispensaries , chemist and medical equipment
shops, laboratories, clinics, nursing homes, ambulance etc. will continue to
remain functional. The transportation for all medical personnel, nurses,
para-medical staff, other hospital support services be permitted.
4. Commercial and private establishments shall
be closed down.
Exceptions:
a. Shops, including ration shops (under PDS),
dealing with food, groceries, fruits and vegetables, dairy and milk booths,
meat and fish, animal fodder. However, district authorities may encourage and
facilitate home delivery to minimize the movement of individuals outside their
homes.
b. Banks, insurance offices, and ATMs.
c. Print and electronic media
d. Telecommunications , internet services,
broadcasting and cable services. IT and IT enabled Services only (for essential
services) and as far as possible to work from home.
e. Delivery of all essential goods including food,
pharmaceuticals , medical equipment through E-commerce.
f. Petrol pumps, LPG, Petroleum and gas retail
and storage outlets.
g. Power generation , transmission and distribution
units and services.
h. Capital and debt market services as notified by
the Securities and Exchange Board of India
1. Cold storage and warehousing
services.
j. Private security services
All other establishments may work-from-home only.
5. Industrial Establishments will remain
closed. Exceptions:
a. Manufacturing units of essential commodities.
b. Production units, which require continuous
process, after obtaining required permission from the State Government
6. All transport services – air, rail,
roadways – will remain suspended. Exceptions:
a. Transportation for essential goods only.
b. Fire, law and order and emergency services.
7. Hospitality Services to remain suspended
Exceptions:
a. Hotels, homestays, lodges and motels, which are
accommodating tourists and persons stranded due to lockdown, medical and
emergency staff, air and sea crew.
b. Establishments used/ earmarked for quarantine
facilities.
8. All educational , training, research, coaching
institutions etc. shall remain closed.
9. All places of worship shall be closed for
public. No religious congregations will be permitted, without any exception.
10. All social/ political/ sports/ entertainment/
academic/ cultural/ religious functions I
gatherings shall be barred.
11. In case offunerals , congregation of not more
than twenty persons will be permitted.
12. All persons who have arrived into India after 15.02.2020,
and all such persons who have been directed by health care personnel to remain
under strict home/ institutional quarantine for a period as decided by local
Health Authorities, failing which they will be liable to legal action under
Sec. 188 of the IPC.
13. Wherever exceptions to above
containment measures have been allowed, the
organisations/employers must ensure necessary precautions
against COVID-19 virus, as well as social distance measures, as
advised by the Health Department from time to time.
14. In order to implement these containment measures, the District
Magistrate 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.
All other line department officials in the specified area will work under the
directions of such incident commander. The Incident Commander will issue passes
for enabling essential movements as explained.
15. All enforcing authorities to note that these strict
restrictions fundamentally relate to movement of people, but not to that of
essential goods.
16. The Incident Commanders will in particular ensure that all
efforts for mobilisation of resources, workers and material for augmentation
and expansion of hospital infrastructure shall continue without any hindrance.
17. Any person violating these containment 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
(as per Appendix).
18. The above containment measures will remain in force, in all
parts of the country, for a period of 21 days with effect from 25.03.2020 .
Union Home Secretary
Appendix
1. Section 51 to 60 of the Disaster Management Act, 2005
OFFENCES AND PENALTIES
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
Authority or the District Authority , shall, on conviction be punishable with
imprisonment for a term which may extend to two years, and also with fine.
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 wilfully 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) Wher!3 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.-lf 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 time 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, 25 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. (2) 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, manger, 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- (a) “company” means any body corporate and
includes a firm or other association of individuals; and (b) “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- (a) the National Authority, the State Authority,
the Central Government , the State Government, the District Authority or any
other authority or officer authorised in this behalf by that Authority or
Government, as the case may be; or (b) 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 National Authority, the State Authority,
the Central Government, the State Government, the District Authority or any
other authority or officer authorised as aforesaid .
2. Section 188 in The
Indian Penal Code
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.-lt 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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