Unlock 2.0 Key Takeaways: New guidelines to be implemented from July 1; know what you can do now
The government on Monday announced the second phase of unlock in India by releasing a fresh set of guidelines which will come into force between July 1, 2020 and last till July 31, 2020. The Ministry of Home Affairs in a notification said that more activities will open up outside COVID-19 containment zones while the containment zones will remain under strict enforcement.
Lockdown will continue to be implemented strictly in the containment zones till July 31 2020. Within the containment zones, only essential activities will be allowed. Here are the detailed guidelines issued by MHA:
1. Activities permitted during Unlock 2 period outside Containment Zones:
In areas outside Containment Zones, all activities will be permitted, except the following:
- Schools, colleges, educational and coaching institutions will remain closed till July 31, 2020. Online/distance learning will continue to be permitted.
- Training institutions of the Central and State Governments will be allowed to function from July 15, 2020, for which Standard Operating Procedure (SOP) will be issued by the Department of Personnel & Training (DoPT).
- International air travel of passengers, except as permitted by MHA.
- Metro Rail, Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars, auditoriums, assembly halls and similar places.
- Social/ political, sports, entertainment, academic, cultural, religious functions and other large congregations.
Dates for re-starting the above activities will be decided separately and necessary SOPs will be issued for ensuring social distancing and to contain the spread of COVID- 19.
Domestic flights and passenger trains have already been allowed in a limited manner. Their operations will be further expanded in a calibrated manner.
2. Night curfew:
Movement of individuals will remain strictly prohibited between 10:00 pm to 5:00 am throughout the country, except for the essential activities, including operation of industrial units in multiple shifts, movement of persons and goods on National and State Highways, loading and unloading of cargo and travel of persons to their destinations after disembarking from buses, trains and aeroplanes.
3. National Directives for COVID-19 Management
- Face coverings: Wearing of face cover is compulsory in public places; in workplaces; and during transport.
- 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.
- Gatherings: Large public gatherings/ congregations continue to remain prohibited.
- Marriage related gatherings: Number of guests not to exceed 50.
- Funeral/ last rites related gatherings: Number of persons not to exceed 20.
- 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.
- Consumption of liquor, pan, gutka, tobacco etc. in public places is prohibited.
Additional directives for Work Places:
- Work from home (WFH): As far as possible the practice of WFH should be followed.
- Staggering of work/ business hours will be followed in offices, work-places, shops, markets and industrial & commercial establishments.
- Screening & hygiene: Provision for thermal scanning, hand wash and sanitizer will be made at all entry and exit points and common areas.
- Frequent sanitization of the entire workplace, common facilities and all points which come into human contact, for example, door handles etc, will be ensured, including between shifts.
- Social distancing: All persons in charge of work-places will ensure the adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.
States/ UTs, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions as deemed necessary.
There will be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treatieswith neighbouring countries. No separate permission/ approval/e-permit will be required for such movements.
4. Movement of the following will continue to be regulated as per SOPs issued:
- Movement by passenger trains and Shramik special trains;
- Domestic passenger air travel;
- Movement of Indian Nationals stranded outside the country and of specified persons to travel abroad;
- Evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers
5. Protection of vulnerable persons:
People 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.
6. Use of Aarogya Setu:
With a view to ensuring safety in offices and work-places, employers on best effort basis should ensure that AarogyaSetu is installed by all employees having compatible mobile phones.
Offences and Penalties for Violation of Lockdown Measures
A. Section 51 to 60 of the Disaster Management Act, 2005
Punishment for obstruction, etc, whoever, without reasonable cause:
- 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 Refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the NationalExecutive 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.
- Punishment for the 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.
- Punishment for misappropriation of money or materials, etc: Whoever, being entrusted with any money or materials, or otherwise being, in the 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 there for 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.
- 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.
Offences by Departments of the Government:
- 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.
- 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.
Failure of an 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 excuses for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.
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.
Offence by companies:
- 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, 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 officers of the company, such director, manager, secretary or other officers 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.
The previous sanction for the prosecution: No prosecution for offences punishable under sections "Failure of an officer in duty or his connivance at the contravention of the provisions of this Act" and "Penalty for contravention of any order regarding requisitioning" 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.
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 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
- 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.
B. Section 188 in the Indian Penal Code, 1860
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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