Nyaaya’s CORONAVIRUS LEGAL TRACKER

 

When such a critical multi-stakeholder Government response has to be taken for epidemics, the two primary laws which come into play are the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. To read more on the laws, see here.

 

Let’s see what the latest updates are on how the law is interacting with our daily lives:

 

LOCK DOWN ACROSS STATES

How long is this lockdown?

The lockdown has been extended for containment zones till the 31st of July, 2020. For areas outside containment zones, certain directions have been given.

• The lockdown has been extended only for Containment Zones till the 30th of June, 2020. Prohibited activities are opening in a phased wise manner.
• The COVID-19 Lockdown date in India has been extended for two more weeks starting from May 18th, 2020. This means the lockdown has been extended till the 31st of May, 2020.
• Initially the lockdown order dated 24 th of March 2020 was for a period of 21 days with effect from 25th of March, 2020, i.e, till the 14th of April, 2020.
• Then further extension was notified by the Government from the 14th of April, 2020 till the 3rd of May, 2020.
• Thereafter the lockdown was extended till the 18th of May, 2020 and further extended till the 31st of May, 2020.

Lets see how the law plays a role as well as what is going to happen during these lockdown days:

24th March, 2020: The Government of India, Ministry of Home Affairs through an Order №40–3/2020 -DM-1 (A) has requested all Ministries/Departments of the Government of India, State/Union Territory Governments and State/Union Territory Authorities to take effective measures so as to prevent the spread of COVID-19 in the Country. Find the notification here.

25 March, 2020: The Ministry of Home Affairs through an Order №40–3/2020 — DM- 1(A) has requested some additional directions to be strictly followed by the Ministries/Departments of the Government of India, State/Union Territory Governments and State/Union Territory Authorities.

27th March, 2020: Changes were made and added to the list of essential services which are provided to citizens. You can read more here.

 

How is the phase wise opening of the lockdown happening in India?

The Ministry of Home Affairs as well as the National Disaster Management Authority (NDMA) passed guidelines on 29th June, 2020 stating:

• Directions to re-open more activities in a calibrated manner, in areas outside the Containment Zones and
• Extend the lockdown in Containment Zones upto 31.07.2020

Some of the activities not permitted outside the containment zone till 31.07.2020 are:

• Schools, colleges, educational and coaching institutions will remain closed. Online/ distance learning are encouraged to continue. Training institutions of the Central and State Governments will be allowed to function from 15 July, 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. For example, Vande Bharat Flights
• 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.
• Domestic flights and passenger trains have already been allowed in a limited manner.

Lockdown will continue to remain in Containment Zones till 31 July, 2020. In the Containment Zones, only essential activities will be allowed. There will 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.

States/ UTs, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions. However, 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.

 

CURFEW (10PM TO 5AM)

As per the Ministry of Home Affairs guidelines on 29th June, 2020, Movement of individuals are strictly prohibited between 10. 00 pm to 5. 00 am throughout the country, except for:

• essential activities, like buying medicines etc
• 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 airplanes.

State and local authorities can also issue orders including Section 144 orders of the Code of Criminal Procedure, 1973. For example, Karnataka has started curfews on Sundays.

If the police stop you for moving after 10 pm, then you are violating the night curfew which may result in punishment under Section 188, of the Indian Penal Code, 1860. Read more about violation of lockdown orders here.

 

DOMESTIC FLIGHTS

Air travel of passengers, both domestic and international, was prohibited since 25 March 2020. A list of guidelines have been passed by the Ministry of Civil Aviation for resuming air travel of passengers for domestic flights starting from the 25th of May, 2020.

 

When you enter the airport

Passengers need to follow social distancing, minimum touch, baggage limitations, COVID-I9 declaration, registration on Aarogya Setu App, digital payments, use of authorized taxis etc.Slower processes may happen so it is advisable to avoid reaching the airport at the last minute.

• Passengers have to ensure that he/she has made a web check-in and obtained a boarding pass.
• Passengers should also download the baggage tag or baggage identification number.
• Passengers can carry one hand baggage and one checked-in baggage as per the specifications of the airline.
• Passengers, before entering the terminal have to ensure the wearing of protective gear, as per the prevailing requirement. He or she will continue to wear the mask throughout the journey.
• Passenger to report at the airport as per revised reporting time i.e, 2 hours before departure time.
• Passengers should travel in an authorized taxi/personal vehicle. During transit to the airport, the passenger should take all precautions to prevent infection.
• The passenger shall not travel if:
• He/she is staying in a containment zone.
• They have been tested positive for COVID-l9.
• They do not have the Aarogya Setu app or a self-declaration form.
• If a passenger who is not permitted to fly undertakes an air journey he/she shall be punished.
• The passenger has to give a declaration to the following effect:

I am/We are not residing in any containment zone. I am/ We are not suffering from any fever/cough or any respiratory distress. I am/We are not under quarantine. If I /We develop any of the above-mentioned symptoms I shall contact the concerned health authorities. Immediately. I /We have not tested COVID-19 positive in the last two months. I am/We are eligible to travel as per the extant norms. I/we will make my mobile number/ contact details available to the airlines whenever required by them. I/we will understand that if I/we undertake the journey without meeting the eligibility criteria l/we would be liable to penal action. I/we undertake to adhere to the health protocol prescribed by the destination State / UT. The airlines will give the boarding pass only after the declaration given above has been made by the passenger.

• In case of a PNR having more than one passenger, the declaration would be deemed to become all the passengers mentioned in the PNR. For example, if Aman books a ticket for his wife and himself, both of them may have the same PNR. So a declaration for a PNR, applies to all passengers in that PNR.
• The passenger shall print the baggage tag and affix it on the bag at a prominent place. In case he/she is not able to print the baggage tag the PNR number and the name of the passenger (as mentioned in the ticket) should be boldly written on a piece of thick paper and affixed to the bag or tag it with the help of a strong string.
• Passengers are advised to carry minimum baggage as use of trolleys would be permitted sparingly

 

At the Airport: While entering the terminal building

 

Safety Measures

• The passenger should get down from his/her vehicle with the face mask on and with the required documents/documents. He would continue to wear his mask throughout the journey.
• He/she should arrive at the thermal screening facility near the entry gate.
• He should get himself/herself checked for temperature. This will be done by a designated staff of the Airport. The status of the Aarogya Setu app should be displayed to the staff.
• In case of non-availability of Aarogya Setu app, the passenger will be facilitated to go to a counter provided by the airport where Aarogya Setu app can be downloaded. Children below fourteen years of age would be exempt from this requirement.

 

CISF Entry check point

• The passenger shall, then, move to the CISF counter at the entry check-point. He/she shall display/show his identity card, the boarding pass/-e-boarding pass to the CISF staff. The CISF staff on confirming the identity of the person shall allow him/her to enter.

 

Baggage

• The passenger shall then proceed to the baggage drop counter. At the baggage drop counter the passenger shall display the PNR and his or her identification to the staff. The passenger shall also show/indicate the PNR number written on his/her baggage. Upon confirmation. the staff shall print the baggage tag on the bag and accept the bag. Instead of issuing a printed receipt to the passenger, an electronic receipt in the form of SMS shall be sent to the passenger.
• Passengers are mandated to adhere to the single baggage policy in the initial phase.

 

Social Distancing and Check-In

• Passengers are to adhere to the social distance which would be specified at the airports through markings like circle, square or tensor barrier as specified at the airport to be used by the passenger.
• Passengers have to complete the check-in procedure and baggage of at least 60 minutes before departure.

 

Security Check-In

• Arrangements have been made at airports to guide passengers to walk through the per-embarkation security screening.
• Passengers have to follow the directions as announced by the authorities and remove all metal objects from the on the body to facilitate the security screening
• Passenger should bring only one hand luggage as per specified size allowed by the airlines
• Passenger should cooperate with security staff by following the instructions for his/her own safety and security

 

Security Hold Area

• Passenger have to proceed to the security hold area after security screening
• While waiting in the security hold area, passenger to maintain social distancing and sanitization protocols
• Chairs marked ‘Not For Use’ should not be occupied
• In the food, beverage and retail outlets, etc, passengers should maintain social distancing and maintain hygiene. Sanitizers will also be available.
• Passenger should dispose of all the bio hazardous material Iike used masks, gloves, tissues etc. in the yellow-colored disposable bins/bags placed at strategic locations at the airport

 

While Boarding the Flight

• Passengers have to be attentive towards various communication material displayed at the airport about various health advisories relating to per-boarding and during the flight precautions
• Passengers should collect the safety kit (three-layered surgical mask and sanitizer) from the airlines near the boarding gate
• Passengers should wear a mask and sanitize his/her hands before proceeding to the boarding gate for scanning of the boarding pass
• Passengers should be attentive towards boarding announcements and reach the boarding queue by following social distancing
• Display of identity cards by passengers is a must & Check-in of the boarding pass would be done by the passenger by self-scanning of e-boarding pass

 

Inside the Flight

• During the flight, passengers have to strictly follow hygiene and sanitation. Face to face interaction should be minimized
• Passenger should minimize the use of toilets and avoid any non-essential movement in the aisles
• No queuing at the toilets and only one companion for children and the elderly would be allowed
• No meal service will be there in the aircraft. Water bottles will be made available in the galley area or on the seats.
• Eatables should not be consumed during the flight.
• No newspaper/ magazine or onboard sale of any item will be available
• If the passenger feels uncomfortable, fatigued or has respiratory distress, it should be brought to the immediate notice of the crew

 

Arrival in Destination Airport

• The disembarkation from the airlines would be sequential
• To disembark, passengers to strictly follow the instructions of the crew
• Social distance/ sanitation should be maintained at the arrival gate, aerobridges, coaches, jet ladders, ramps etc
• Trolleys in the arrival area to be used sparingly
• Passenger to wait at the baggage hold area till the baggage arrives in batches
• Transit passengers will not be allowed to come out of the transit area

 

Exiting the Airport

• Passengers to hire only authorized taxis from the
• Passengers to follow social distancing and hygiene while traveling in any mode of transportation
• On arrival at the destination, passengers to adhere to health protocols as prescribed by the destination State/ UT

For any queries, you can see these: https://www.civilaviation.gov.in/, https://mohfw.gov.in or Helpline 1075 (Toll Free) and https://corona.mygov.in

 

CONTAINMENT ZONES

The government has created containment zones across States, which refer to specific geographical areas where positive cases of coronavirus are found. In such areas, strict movement restrictions are put in place, and in these zones, you are not allowed to step outside your home, even for buying the essential commodities. You can check with your state government’s official website to find out the zones in your state.

Based on the guidelines of the Ministry of Health and Family Affairs, the States/ UTs and District Administrations will classify areas and define the boundary of the Containment Zone after taking into account factors such as mapping of cases and contacts, geographical dispersion of cases and contacts, area with well demarcated perimeter and enforceability.

The boundary of the Containment Zone will be:

For urban areas: Residential colony, mohal/a, municipal ward, municipal zone, Police Station area, towns etc.,

For rural areas: A village, cluster of villages, Gram Panchayats, group of Police Stations, blocks etc., in case of rural areas.

The local authorities have a duty to follow intensive surveillance mechanisms as issued by the Ministry of Health and Family Welfare and ensure coverage using the Aarogya Setu app in the containment zones. In the Containment Zone, the local authorities will conduct the following activities:

a. Contact Tracing.

b. Home or Institutional quarantining of individuals based on risk assessment by medical officers. This risk assessment will be based on symptoms, contact with confirmed cases, and travel history.

c. Testing of all cases with Severe Acute Respiratory Infection (SARI), Influenza Like Illness (ILi) and other symptoms specified by MOHFW.

d. House to house surveillance by special teams constituted for this purpose.

e. Clinical management of all cases as per protocol.

f. Counselling and educating people and establishing effective communication strategies.

As per the guidelines by the Ministry of Home Affairs on the 1st of May, 2020 in all containment zones the movement of individuals, for all non-essential activities, shall remain strictly prohibited between 7 pm to 7 am. States may impose a curfew in these areas to ensure compliance. 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 meeting essential requirements and for health purposes.

Out-Patient Departments (OPDs) and Medical clinics shall not be permitted to operate. However, these may be permitted to operate in Red, Orange and Green Zones, with social distancing norms and other safety precautions. Local administration has to ensure that in the containment zones, there are:

• Strict perimeter controls
• Establishment of clear entry and exit points.
• Movement of persons only for maintaining supply of goods and services and for medical emergencies.
• No unchecked influx of people and transport.
• Recording of details of people moving in and out of perimeter.

 

RED, ORANGE AND GREEN ZONES

The Ministry of Home Affairs put out a revised order №40–3/2020-DM-1(A) on the 1st of May, 2020 with revised guidelines on measures to be taken by Ministries/Departments of Government of India, State/UT Governments and State/UT authorities for containment of COVID-19. These guidelines will come into force on the 4th of May, 2020.

These guidelines are based on the risk profiling of districts done for COVID-19 Cases into 3 zones: Red (Hotspot), Green and Orange zones.

Red Zones or Hotspot Districts are those districts which have active cases, doubling rate of confirmed cases, more testing and surveillance feedback.

Green Zones are those districts with zero confirmed case till date or districts with no confirmed case in the last 21 days.

Orange Zones: Districts, which are neither defined as Red nor as Green Zones are Orange Zones.

Two weeks ago, the Ministry of Health & Family Welfare put out a list of Red, Orange and Green zones in India. As per the current guidelines by the Ministry of Home Affairs issued on the 17th of May, 2020, the delineation of Red, Green and Orange Zones will be decided by the respective State and UT Governments, after taking into considerations certain parameters for containment plan for outbreak of COVID-19 shared by Ministry of Health & Family Welfare (MoHFW). You should check your own State’s guidelines to understand the zone you are in.

If the districts which are classified as Red or Orange Zones have one or more Municipal Corporations (MC(s)), then the State/UT/District Administration will make an assessment of a case based on whether they fall:

1. Within the jurisdiction of the Municipal Corporation
2. Outside the jurisdiction of the Municipal Corporation.

 

Conditions for Classification

• Red Zone to Orange Zone: In case the district is classified as a Red Zone, and there are no confirmed cases in the last 21 days in the area of the district outside the limits of the MC(s), this area may be labeled as an Orange Zone.
• Orange Zone to Green Zone: In case the district is classified as an Orange Zone, and there are no confirmed case in the last 21 days in the area of the district outside the limits of the MC(s), this area may be labeled as a Green Zone.
• Red Zone or Orange Zone: In case in the area of the district outside the limits of the MC (s) does have one or more confirmed case(s) in the last 21 days, this part of the district shall continue to be labeled as a Red or Orange Zone depending on the cases.

Within Red (Hotspots) and Orange Zones, where maximum precaution is required, local authorities have to ensure strict perimeter control to ensure that there is no movement of population in or out of these zones except for medical emergencies and for maintaining supply of essential goods and services.

What all activities are allowed in the Red Zones?

In the red zones which are outside containment zones, apart from the main prohibitions given in the guidelines by the Ministry of Home Affairs on the 1st of May, 2020, the following activities are not permitted:

• Cycle rickshaws and auto rickshaws.
• Taxis and cab aggregators.
• Intra-district and inter-district plying of buses.
• Barber shops, spas and salons.

 

Permitted Activities

Some activities are permitted but with restrictions such as:

• Movement of individuals and vehicles

Four Wheelers vehicles will have maximum two passengers besides the vehicle driver and for two wheelers, pillion rider is not allowed.

• Industrial establishments in urban areas

All industrial activities are permitted in rural areas, but in urban areas the following are permitted:

• Only Special Economic Zones (SEZs), Export Oriented Units (EOUs), industrial estates and industrial townships with access control
• Manufacturing units of essential goods, including drugs, pharmaceuticals, medical devices, their raw material and intermediates
• Production units, which require continuous process, and their supply chain
• Manufacturing of IT hardware
• Jute industry with staggered shifts and social distancing and,
• Manufacturing units of packaging material are permitted.
• Construction activities in urban areas

Only in situ construction (where workers are available on site and no workers are required to be brought in from outside) and construction of renewable energy projects are permitted. All construction activities are permitted in rural areas.

• Shops

All malls, market complexes and markets shall remain closed in urban areas, i.e., areas within the limits of municipal corporations and municipalities. Some of the shops permitted to open are:

• Shops selling essential goods in markets and market complexes are permitted.
• All standalone (single) shops, neighborhood (colony) shops and shops in residential complexes are permitted to remain open in urban areas(essential and non-essential goods).
• All shops in rural areas, except in malls, are permitted to remain open (essential and non-essential goods).
• E-commerce activities

E-commerce activities will be permitted only in respect of essential goods.

• Private Offices

Private offices can operate with upto 33% strength as per requirement, with the remaining persons working from home.

• Government Offices

All Government offices shall function with officers of the level of Deputy Secretary and above to the extent of 100% strength. The remaining staff will attend upto 33% as per requirement. However, Defense and Security services, Health and Family Welfare, Police, Prisons, Home Guards, Civil Defence, Fire and Emergency Services, Disaster management and related services, NIC, Customs, FCI, NCC, NYK and Municipal services shall function without any restrictions to ensure delivery of public services.

All other activities which are not specifically prohibited or permitted as per the Ministry of Home Affairs guidelines will be permitted in the Zones. However, States/ UTs, based on their assessment of the situation, and with the primary objective of keeping the spread of COVID- 19 in check, may allow only select activities from out of the permitted activities.

 

What all activities are permitted in Orange Zones?

In the orange zones which are outside containment zones, apart from the main prohibitions given in the guidelines by the Ministry of Home Affairs on the 1th of May, 2020 the following activities shall be permitted with restrictions:

• Taxis and cab aggregators, with 1 driver and 2 passengers only.
• Inter-district movement of individuals and vehicles, only for permitted activities. Four wheeler vehicles will have maximum two passengers besides the driver.

Inter-district and Intra-district plying of buses are not allowed.

All other activities which are not specifically prohibited or permitted as per the Ministry of Home Affairs guidelines will be permitted in the Zones. However, States/ UTs, based on their assessment of the situation, and with the primary objective of keeping the spread of COVID- 19 in check, may allow only select activities from out of the permitted activities.

 

What all activities are permitted in Green Zones?

In the green zones, apart from the main prohibitions given in the guidelines by the Ministry of Home Affairs on the 1th of May, 2020 all activities are permitted in the Green Zone. The following activities shall be permitted with restrictions:

• Buses can operate with upto 50% seating capacity.
• Bus depots can operate with upto 50% capacity

All other activities which are not specifically prohibited or permitted as per the Ministry of Home Affairs guidelines will be permitted in the Zones. However, States/ UTs, based on their assessment of the situation, and with the primary objective of keeping the spread of COVID- 19 in check, may allow only select activities from out of the permitted activities.

 

HOME QUARANTINE

Any one who has entered into India after 15 Feb 2020, as well as all persons directed by health care personnel have to be under strict home/institutional quarantine, otherwise legal action under Section 188 will be taken.

Home quarantine is when the Government asks people who have been exposed to COVID19 to stay inside their homes Quarantine to prevent community transmission. Different states have taken various measures to ensure that the public is following the home quarantine. For example, in Delhi, the mobiles are being tracked of those under a home quarantine order, cops are paying regular visits to these houses and CCTV footage monitoring is being done.

The government has released an official COVID-19 tracker app i.e. the AarogyaSetu app.

It tracks the community transmission and traces the contact and travel history of individuals who are quarantined, using both location data and Bluetooth-based proximity tracking on users’ phones. Please follow this link to download it.

 

GUIDELINES FOR PUBLIC PLACES

As per the guidelines by the Ministry of Home Affairs, the following are the directions given for public places

• Wearing of face cover is compulsory in all public places.
• All persons in charge of public places and transport shall ensure social distancing as per the guidelines issued by Ministry of Health and Family Welfare.
• No organization/ manager of public place shall allow gathering of 5 or more persons.
• Marriages related gatherings shall ensure social distancing, and the maximum number of guests allowed shall not be more than 50.
• Funeral/ last rites related gatherings shall ensure social distancing, and the maximum numbers allowed shall not be more than 20.
• Spitting in public places shall be punishable with fine, as may be prescribed by the State/ UT local authority.
• Consumption of liquor, paan, gutka, tobacco etc. in public places is not allowed.
• Shops selling liquor, paan, gutka, tobacco etc. will ensure minimum six feet distance (2 gaz ki doon) from each other, and also ensure that not more than 5 persons are present at one time at the shop.

 

GUIDELINES FOR EMPLOYERS AND PRIVATE ESTABLISHMENTS

As per the guidelines issued by the Ministry of Home Affairs on the 1st of May, 2020, employers are required to ensure the following directives at workplaces:

• Wearing of face cover is compulsory in all workplaces and adequate stock of such face covers shall be made available.
• All persons in charge of work places shall ensure social distancing as per the guidelines issued by Ministry of Health and Family Welfare, both within the work places and in company transport.
• Social distancing at work places shall be ensured through adequate gaps between shifts, staggering the lunch breaks of staff, etc.
• Provision for thermal scanning, hand wash and sanitizer preferably with touch free mechanism will be made at all entry and exit points and common areas. In addition, sufficient quantities of hand wash and sanitizer shall be made available in the workplaces.
• 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.
• 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 meeting essential requirements and for health purposes.
• Use of Arogya Setu app shall be made mandatory for all employees, both private and public. It shall be the responsibility of the Head of the respective. organizations to ensure 100% coverage of this app among the employees.
• Large physical meetings to be avoided.
• Hospitals/ clinics in the nearby areas, which are authorized to treat COVID-19 patients, should be identified and list should be available at work place all the times. Employees showing any symptom of COVID-19 should be immediately sent for check up to such facilities. Quarantine areas should be earmarked for isolating employees showing symptoms till they are safely moved to the medical facilities.
• Arrangements for transport facilities shall be ensured with social distancing, wherever personal/ public transport is not feasible.
• Intensive communication and training on good hygiene practices shall be taken up.

 

MOVEMENT OF MIGRANTS, STUDENTS, TOURISTS ETC.

Due to lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places, away from their hometowns. As per the order dated 29.05.2020 by the Ministry of Home Affairs, they are allowed to move with restrictions.

States and UTs have a duty of designating authorities and develop standard protocols for receiving and sending such stranded persons. In case a group of stranded persons wish to move between one State/ UT and another State/ UT, the sending and receiving States may consult each other and mutually agree to the movement by road.

Some other key points in the guidelines are that:

• The moving person (s) would be screened and those found asymptomatic would be allowed to proceed.
• Buses shall be used for transport of groups of persons. The buses will be sanitized and shall follow safe social distancing norms in seating.
• The States/ UTs falling on the transit route will allow the passage of such persons to the receiving State/ UT.
• On arrival at their destination, such person(s) would be assessed by the local health authorities, and kept in home quarantine, unless the assessment requires keeping the person(s) in institutional quarantine. They would be kept under watch with periodic health check-ups. Using Aarogya Setu app, they can monitor their health status.

 

MOVEMENT BY TRAIN

Indian Railways plans to gradually restart passenger train operations from 12th May, 2020, initially with 15 pairs of trains (30 return journeys). These trains will be run as special trains from New Delhi Station connecting Dibrugarh, Agartala, Howrah, Patna, Bilaspur, Ranchi, Bhubaneswar, Secunderabad, Bengaluru, Chennai, Thiruvananthapuram, Madgaon, Mumbai Central, Ahmedabad and Jammu Tawi.

New trains routes will also be decided but 20,000 coaches will be reserved for COVID-19 care centres and up to 300 trains everyday known as “Shramik Special” will be reserved for stranded migrants. Booking for reservation in these trains will start at 4 pm on 11th May and will be available only on the IRCTC website (https://www.irctc.co.in/). All ticket booking counters at the railway stations will be closed so no counter or platform tickets will be issued to you.

When coming to the railway station, few things to keep in mind are that:

• only passengers with valid confirmed tickets will be allowed to enter the railway stations.
• It will be mandatory for the passengers to wear face cover and undergo screening at departure and only asymptomatic passengers will be allowed to board the train.

 

EMPLOYMENT AND COVID-19

At your place of employment, if you are facing a situation where your employer is planning to terminate your job, then these are some of the rights you have as per the directions given by the Government:

Non-Termination of Employees

All employers of public and private establishments have been directed not to terminate their employees, particularly casual or contractual workers including daily wage earners.

Reduction of Wages

Employees are on duty

Just because a place has been shut down due to COVID-19 lockdown, does not mean that the employees are not on duty. They will be considered on duty and may work from home.

 

HOUSE RENT AND COVID-19

The Ministry of Home Affairs has issued an order which states that for the next one month i.e. 29.04.2020, it is illegal for any landlord to ask a student/worker who is his tenant to:

• Vacate the property
• Demand payment of rent

Any violation of this will lead to jail time as well as a fine.

 

SUPPLY OF FOOD MATERIALS

As per the letter dated 23.03.2020 by the Dept.for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, State Authorities are being asked to ensure operability as well as uninterrupted supply of food products for citizens in India.

1. Food Processing Companies: All of the food processing companies are allowed to keep their Manufacturing facilities under the strictest of safety and hygiene guidelines and any Section 144 orders or other executive orders have to exclude these manufacturing, distribution and sales channels servicing the food and beverage market. This also includes food delivery services.
2. All Retail/Grocery, Organized Trade, Chemists etc.: All retail stores, grocery stores, food stores, medicine stories, water stores etc need to be kept open to avoid any panic among citizens
3. Allowing Work: All operators of retail outlets, pharmacies, manufacturing units can continue their work.
4. Transportation: All transport vehicles carrying raw material to and from the Food Processing Units should be given permission and this has to be communicated to local administration/authorities. Inter-state movement of goods in the food processing industry is allowed.

 

VIOLATING DIRECTIONS DURING A LOCKDOWN

WHEN THE GOVERNMENT OFFICIALS FAIL TO DO THEIR DUTY/FOLLOW DIRECTIONS OR ORDERS

Under the Disaster Management Act, there are specific punishments if directions given by authorities under the law, in this case National Disaster Management Authority, are not followed such as:

Offence by Departments of Government

If any person in any department of the Government contravenes the provisions or directions given under this law, then the head of department will be deemed to be guilty and will be punished unless he or she proves that:

• The offence was done without their knowledge or
• He or she had done all due diligence to prevent such an offence from occurring.

Any officer who does not follow the law, will also be punished and proceedings may be instituted. This is given in Section 55 of the Disaster Management Act, 2005.

Failure to perform duties by an officer

If any officer of an department does not do the duty o refuses to comply with the directions given, unless he has:

• Express permission from his supervisor
• Has a lawful excuse to not do the duty

May be punished under Section 56 of the Disaster Management Act, 2005 for failure to do their duty. They may be punished with jail time up to one year or a fine or both.

WHEN CITIZENS DO NOT FOLLOW THE DIRECTIONS/LAW/ORDERS

When you violate the terms of a lock down then you will be punished under Section 3 of the Epidemic Act, 1897, Section 188 of the Indian Penal Code, 1860 and certain provisions of the Disaster Management Act, 2005. FIR’s may be filed against you under these laws.

Law 1: Epidemic Diseases Act, 1897

Section 3 of Epidemic Act states that any person who violates the regulations and orders made under this law is committing an offence punishable under Section 188 of the Indian Penal Code, 1860.

Law 2: Indian Penal Code, 1860

You may be punished under Section 188 Indian Penal Code, 1860 if:

• You disobey a public servant doing their duty
• You cause any injury or annoyance to public servants while they do their duty
• You do any act which is likely to cause harm to a public servant

You may be punished with jail time up to six months and /or a fine of Rs. 1000. Some examples of such instances are in Delhi 100’s of FIRs were filed along with arrests, FIR’s were filed against a group on the day of Janta Curfew in Ahmedabad and an FIR was filed against a CoCa Cola factory in Himachal Pradesh for continuing operations.

Law 3: Disaster Management Act, 2005

Section 51: Punishment for Obstruction

If any one obstructs any officer or employee of the Central Government or State Government or a person authorised by the National Authority, State Authority or District Authority in the discharge of its functions; or if anyone refuses to comply with any direction given by any of the above given authorities, including the National Executive Committee, or State Executive Committee or the District Authority then that person may be punished with jail time up to 1 year with fine or both.

Section 54: Punishment for false warning

If any one who makes or circulates a false alarm or warning regarding a disaster or its severity or magnitude which causes panic, on conviction, will be punished with jail time up to 1 year or fine.

Section 52: Punishment for false claim

If anyone falsely claims for any relief, assistance, repair, reconstruction or other benefits then they may be punished with jail time upto 2 years with a fine.

Section 53: Punishment for misappropriation of money or materials

If anyone misappropriates money or goods or disposes off such goods which were meant for providing relief for a disaster then they will be punished with jail time upto 2 years with a fine.

WHEN PEOPLE SPREAD FAKE NEWS

Although there are many sources of false information on Covid-19, you can rely on the following sources:

• World Health Organization
• Ministry of Health and Family Welfare

You can also look at your State’s government website. For example, you can visit Delhi’s Department of Health website.

If someone is sharing fake news, there are several punishments they may face depending on the nature of the crime. Many laws have punishments for fake news. Some of them are:

Publishing or circulating any statement, rumour or report

Section 505(1) of Indian Penal Code, 1860 has a punishment for making, publishing or circulating any statement, rumour or report which may cause fear or alarm to the public. The punishment is jail time of up to 3 years and/or a fine.

False Alarm

Section 54 of the Disaster Management Act, 2005 discusses the punishment for HELPmaking or circulating a false alarm or warning as to disaster or its severity or magnitude, leading to panic which is jail time of up to 1 year or a fine.

 

STATE GIVING DIRECTIONS DURING COVID-19 OUTBREAK AND LOCKDOWN CITIZENS?

When a state gives directions to the citizens to control the spread and infection of the COVID-19, they do so by issuing regulations under the Epidemic Diseases Act, 1897. Regulations prescribe appropriate procedures to be followed under any law. Here the law is the Epidemic Diseases Act.

State governments also have the power under Section 2(1) of the Epidemic Act to take measures to prevent the outbreak of a dangerous epidemic disease by prescribing regulations to be enforced with respect to any person or group of people.

 

An example of this would be how the Aam Aadmi Party (AAP)-led Delhi government ordered in the last week of March, reducing the number of people gathering in one place from 20 to 5 to prevent the spread of coronavirus (COVID-19).

Delhi passes such directions through orders under the Delhi Epidemic Regulations 2020. Similarly other states also pass such directions under their epidemic regulations. To find these regulations you can check the Ministry of Family and Health websites and the respective state department websites for it.

Since April, different states have come up with various regulations. For example, in Mumbai, it is compulsory to wear face masks in public places, and spitting in public place will lead to a fine of Rs. 1000. Uttar Pradesh has completely sealed 15 districts, such as Agra, Lucknow, etc. till 15th April, 2020.

 

The Delhi government has passed an order that one must compulsorily wear face masks (3-ply or cloth) in the following places:

• Any public place, such as streets, offices (or any other worksite), hospitals, etc.
• Any personal or official vehicle
• Any gathering or meeting

It is the responsibility of the employer to ensure his workers are wearing face masks, and anyone who violates these instructions will be punished with jail time of up to 6 months and/or a fine of Rs. 1000.You should check if your state has come up with any directions.

 

WHAT IS SECTION 144?

In situations where in the opinion of the District Magistrate or Sub-Divisional Magistrate or Executive Magistrate empowered by the State believes that:

• There is sufficient ground to impose 144
• Immediate prevention or speedy remedy is required

May pass a written order directing any person to abstain from a certain action or follow orders passed with respect to any property under his management.

What is the intention of 144?

He Magistrate can do this if he or she feels that such orders or direction would prevent or is likely to prevent:

• any obstruction, annoyance or injury to any person or a danger to human life
• health, safety or disturbance of public tranquility
• Riot or an affray (group fighting)

A Section 144 can be directed at a particular individual as well as a group of persons residing in a place or to the public in general when visiting a particular place.

How long are the orders?

No orders can remain in force for more than 2 months unless the State Government considers it necessary to prevent danger to human life, health or safety or for preventing a riot or any affray. In such situations the order can only be extended upto 6 months.

How has it been used?

So far Section 144 has been used in the past to impose restrictions as a means to prevent protests that can lead to unrest or riots. The orders to impose Section 144 have been conferred to the Executive Magistrate when there is an emergency situation. Now Section 144 is being applied across states due to the coronavirus outbreak as it affects public health.

What are the restrictions?

Section 144 also restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it. The maximum punishment for such an act is three years.

According to the order under this section, there shall be no movement of public and all educational institutions shall also remain closed and there will be a complete bar on holding any kind of public meetings or rallies during the period of operation of this order.

Moreover, obstructing law enforcement agencies from dispersing an unlawful assembly is a punishable offence. Section 144 also empowers the authorities to block the internet access. Some states that have imposed Section 144 so far are Maharashtra, Delhi and Tamil Nadu.

The nature of Section 144 is such that it restricts a lot of movement of persons as well as is an order specific to the situation within a State. Amidst the COVID-19 Outbreak, anyone violating the order imposed under Section 144 may be punished on a broad spectrum of punishments under the Indian Penal Code depending on the situation.

 

VIOLATING SECTION 144

Specifically with respect to the health emergency we are facing today, some of the common sections of the law which may punish you are:

• 269 — Negligently spreading infection of a disease

 

 

 

• 188 — Disobedience of an order issued by a public servant

During this period if you engage in any riots or unlawful assemblies with more than 5 persons, then you may be punished under Sections 141–153 of the IPC.

The punishment under Section 143 for being a member of an unlawful assembly, is jail time upto six months, or with fine, or with both and the punishment for rioting under Section 147 is jail time upto two years, or with fine, or with both.

You may also be punished under the Disaster Management Act, 2005 for:

Section 51: Punishment for Obstruction

If any one obstructs any officer or employee of the Central Government or State Government or a person authorised by under the disaster management law ( National Authority, State Authority or District Authority) in the discharge of its functions; or if anyone refuses to comply with any direction given by any of the above given authorities, including the National Executive Committee, or State Executive Committee or the District Authority then that person may be punished with jail time up to 1 year with fine or both.

Section 54: Punishment for false warning

If any one who makes or circulates a false alarm or warning regarding a disaster or its severity or magnitude which causes panic, on conviction, will be punished with jail time up to 1 year or fine.

If you violate the Section 144 order then you will be punished under any of the above mentioned laws and an FIR will be filed against you.

 

COVID-19 HELPLINE NUMBERS

The government has launched helpline numbers and email addresses that one can approach in case of issues related to Covid-19 or for general information on the disease.

National Helpline Number: +91–11–23978046 or 1075

National Helpline Email ID: ncov2019@gov.in

National Twitter Handle: @CovidNewsByMIB

WHO WhatsApp Number: +41 798931892 (English)

For a list of helpline numbers specific to States, please see here.

The government has launched a helpline (08046110007) for behavioral and psychosocial support during the Covid-19 lockdown. In addition, this advisory has been released with tips on how to handle stress and mental health problems during this time.

 

FINANCE CORNER: WHAT YOU SHOULD KNOW

LOANS AND EMI PAYMENT

 

For all term loans (including agricultural term loans, retail and crop loans), all commercial banks (including regional rural banks, small finance banks and local area banks), co-operative banks, all-India Financial Institutions, and NBFCs (including housing finance companies) are permitted to grant a moratorium (a temporary stay) of three months on payment of all installments falling due between March 1, 2020 and May 31, 2020.

Installments will include the following payments:

(i) principal and/or interest components

(ii) bullet repayments

(iii) Equated Monthly installments

(iv) credit card dues.

This does not mean that you can skip the payment, it means that the banks will notify you about the repayment schedule for such loans after May 31, 2020. Interest will still be accrued on the term loans during this period.

 

STOCK MARKET

The stock market timings have been revised to 10 am to 2 pm, from 7th April, 2020 to 17th April, 2020. Please see here for more details.

As per the new revised guidelines on April 15th, the following financial activities will remain open from April 20th:

1. Reserve Bank of India (RBI) and RBI regulated financial markets and entities like NPCI, CCIL, payment system operators and standalone primary dealers.

2. Bank branches and ATMs, IT vendors for banking operations, Banking Correspondents (BCs), ATM operation and cash management agencies.

a. Bank branches be allowed to work as per normal working hours till disbursal of DBT cash transfers is complete.

b. Local administration to provide adequate security personnel at bank branches and BCs to maintain social distancing, law and order and staggering of account holders.

3. SEBI, and capital and debt market services as notified by the Securities and Exchange Board of India (SEBI).

4. IRDAI and Insurance companies.

 

DOMESTIC VIOLENCE DURING COVID-19

Women in India are protected from being abused physically, psychologically, verbally, emotionally, sexually or monetarily by their family. The law not only protects them from their husband/partner but anyone (male or female) in their family or their husband’s family.

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children.

The National Commission for Women (NCW) has launched a WhatsApp number to report cases of domestic violence. You may approach the NCW at 7217735372, in addition to the online complaint links and emails. Read more on domestic violence laws here:https://nyaaya.org/topic/domestic-violence/

ESSENTIAL SERVICES DURING LOCKDOWN (Older Orders)

Based on the guidelines issued by the Disaster Management Authority, Ministries/Departments/Authorities of Central/State and UT Governments will provide essential services.

As per the guidelines on April 15th, the following supply chains ill remain open:

1. All facilities in the supply chain of essential goods, whether involved in manufacturing, wholesale or retail of such goods through local stores, large brick and mortar stores or e-commerce companies should be allowed to operate, ensuring strict social distancing without any restriction on their timing of opening and closure.

2. Shops (including Kirana and single shops selling essential goods) and carts, including ration shops (under PDS), dealing with food and groceries (for daily use), hygiene items, fruits and vegetables, dairy and milk booths, poultry, meat and fish, animal feed and fodder etc, should be allowed to operate, ensuring strict social distancing without any restriction on their timing of opening and closure.

3. District authorities may encourage and facilitate home delivery to minimize the movement of individuals outside their homes.

 

OFFICES WHICH WILL REMAIN OPEN

As per the new revised guidelines on April 15th, the following offices will remain open:

Offices of the Government of India, its Autonomous/ Subordinate Offices will remain open, as mentioned below:

1. Defence, Central Armed Police Forces, Health and Family Welfare, Disaster management and Early Warning Agencies (IMD, INCOIS, SASE and National Centre of Seismology, CWC), National Informatics Centre (NIC), Food Corporation of India (FCI), NCC, Nehru Yuva Kendras (NYKs) and Customs to function without any restriction.
2. Other Ministries and Departments, and offices under their control, are to function with 100% attendance of Deputy Secretary and levels above that. Remaining officers and staff to attend upto 33% as per requirement.

Offices of the State/ Union Territory Governments, their Autonomous Bodies and Local Governments will remain open, as mentioned below:

• Police, home guards, civil defence, fire and emergency services, disaster management restrictions.
• prisons and municipal services will function without any
• All other Departments of State/ UT Governments to work with restricted staff. Group ‘A’ and ‘B’ officers may attend as required. Group ‘C’ and levels below that may attend upto 33% of strength, as per requirement to ensure social distancing. However, delivery of public services shall be ensured, and necessary staff will be deployed for such purpose.
• Resident Commissioner of States/ UTs, in New Delhi, only to the extent of coordinating COVID-19 related activities and internal kitchen operations.
• Forest offices: staff/ workers required to operate and maintain zoo, nurseries, wildlife, fire-fighting in forests, watering plantations, patrolling and their necessary transport movement.
• District administration and Treasury (including field offices of the Accountant General) will function with restricted staff. However, delivery of public services shall be ensured, and necessary staff will be deployed for such purpose.

OFFICES WHICH WILL REMAIN OPEN (Lockdown Phase 1)

The following offices of the Government of India will remain open: Defence, central armed police forces, treasury (pay and accounts offices, financial advisers, field officers of the Controller General of Accounts) public utilities like CNG, LPG, PNG, disaster management, power generation, national informatics centre, early warning agencies. Even customs clearance at ports/airports/borders, GSTN, MCA 21 Registry, Reserved Bank of India and RBI regulated financial markets and entities like NPCI, CCIL, payment system operators and standalone primary dealers can continue to work but only with bare minimum staff. All other offices will remain closed.

The following offices of the State/UT Governments will remain open:

• Police, home guards, civil defence, fire and emergency services, disaster management prisons
• District administration and treasury (including field offices of the Accountant General) with bare minimum staff.
• Electricity, water, sanitation
• Municipal bodies such as sanitation, water supply.
• Resident Commissioner of States in New Delhi with bare minimum staff for coordinating Covid -19 activities.
• Agencies engaged in procurement of agricultural products, including MSP operations
• Mandis operated by the Agriculture Produce Market Committee
• Forest offices: Staff/workers required to operate and maintain zoo, nurseries, wildlife, fire fighting in forests, water plantations, patrolling and their necessary transport movement.
• Social welfare department with bare minimum staff for operations of homes for children, differently abled persons, senior citizens, destitutes, women, widows, as well as minimum staff for observation homes, pensions etc.

All other offices have the option of continuing work from home. So if you are in a private office which is not falling under these essential offices, then you will either get a leave or a work from home option.

MEDICAL ESTABLISHMENTS AND HOSPITALS

As per the new revised guidelines on April 15th, the following health services will remain open:

1. Hospitals,nursing homes, clinics, telemedicine facilities
2. Dispensaries, chemists, pharmacies, all kinds of medicine shops including Jan Aushadi Kendrasi and medical equipment shops
3. Medical laboratories and collection centres
4. Pharmaceutical and medical research labs, institutions carrying out COVID-19 research
5. Veterinary hospitals, dispensaries, clinics, pathology labs,sale and supply of vaccine and medicine
6. Authorized private establishments, which support the provisioning of essential services efforts for containment of COVID-19 including home care providers, diagnostics, supply chain firms serving hospitals
7. Manufacturing units of drugs, pharmaceuticals, medical devices, medical oxygen, their packaging material, raw material and intermediates
8. Construction of medical/health infrastructure including manufacturer o ambulances
9. Movement of all medical and veterinary personnel, scientists, nurses, paramedical staff, lab technicians, mid wives, and other hospital support services, including ambulances

Guidelines for Lockdown phase 1:

All hospitals including their medical establishments, both public and private, will remain open and functional. Dispensaries, chemists, medical equipment shops, labs, clinics, nursing homes, ambulances etc. will be open. Even veterinary hospitals, pharmacies (including Jan Aushadi Kendra) and Pharmaceutical research labs will remain open.

COMMERCIAL AND PRIVATE ESTABLISHMENTS

As per the new revised guidelines on April 15th, the following activities will remain open from April 20th:

 

• Print and electronic media including broadcasting, DTH and cable services.
• IT and IT enabled Services, with upto 50% strength.
• Data and call centres for Government activities only.
• Government approved Common Service Centres (CSCs) at Gram Panchayat level.
• E-commerce companies. Vehicles used by e-commerce operators will be allowed to ply with necessary permissions.
• Courier services.
• Cold storage and warehousing services, including at ports, airports, railway stations, container Depots
• Individual units and other links in the logistics chain.
• Private security services and facilities management services for maintenance and upkeep of office and residential complexes.
• Hotels, homestays, lodges and motels, which are accommodating tourists and persons stranded due to lockdown, medical and emergency staff, air and sea crew.
• Establishments used/ earmarked for quarantine facilities.
• Services provided by self-employed persons, e.g., electrician, IT repairs, plumbers, motor mechanics, and carpenters.
• Industries/ Industrial Establishments (both Government and private), as listed below, will be allowed to operate:
• Industries operating in rural areas, i.e., outside the limits of municipal corporations and municipalities.
• Manufacturing and other industrial establishments with access control in Special Economic Zones (SEZs) and Export Oriented Units (EoUs), industrial estates, and industrial townships. These establishments shall make arrangements for stay of workers within their premises as far as possible and/ or adjacent buildings and for implementation of the Standard operating protocol (SOP). The transportation of workers to work shall be arranged by the employers in dedicated transport by ensuring social distancing.
• Manufacturing units of essential goods, including drugs, pharmaceuticals, medical devices, their raw material and intermediates.
• Food processing industries in rural areas, i.e., outside the limits of municipal corporations and municipalities.
• Production units, which require continuous process, and their supply chain. Manufacturing of IT hardware.
• Coal production, mines and mineral production, their transportation, supply of explosives and activities incidental to mining operations.
• Manufacturing units of packaging material.
• Jute industries with staggered shifts and social distancing.
• Oil and gas exploration/ refinery.
• Brick kilns in rural areas i.e., outside the limits of municipal corporations and municipalities.

Guidelines before April 15th:

All commercial and private shops will remain closed except:

• shops, including ration shops under the public distribution scheme, shops dealing with food, groceries, fruits and vegetables, milk, meat and fish, animal fodder, seeds, pesticides etc. Groceries include hygiene products such as hand washes, soaps, disinfectants, body wash, shampoos, surface cleaners, detergents and tissue papers, toothpaste, oral care, sanitary pads and diapers, battery cells, chargers etc.
• banks, insurance offices and ATMS including IT Vendors for banking operations, banking correspondent, ATM operation and cash management agencies.
• Print and electronic media
• Shops of fertilizers
• Services of Indian Red Cross Societies
• Telecommunications, internet services, broadcasting and cable services, it services
• Deliver services including food, medical equipment etc.
• Petrol pumps, lpg, petroleum and gas retail/storage
• Data and call centres for government activity only.
• Power generation, transmission and distribution units and services
• Capital and debit market services
• Cold storage and warehousing services
• Private Security Services
• Farming Operations by Farmers and farm workers in the field
• Custom hiring centres related to farm machinery

All other establishments may work from home.

INDUSTRIES

• All industrial establishments will remain close except manufacturing units of essential commodities including drugs, pharmaceutical, medical devices, their raw material and intermediates.
• Production units which require continuous services
• Coal and mineral production, transportation, supply of explosives and mining operations
• Manufacturing and packaging units of fertilizers, pesticides and seeds

TRANSPORT

As per the new revised guidelines, the following movement is allowed from April 20th, 2020:

1. Private vehicles for emergency services, including medical and veterinary care, and for procuring essential commodities. In such cases, one passenger besides the private vehicle driver can be permitted in the backseat, in case of four-wheelers; however, in case of two-wheelers, only the driver of the vehicle is to be permitted.
2. All personnel travelling to place of work and back in the exempted categories, as per the instructions of the State/ UT local authority.

Guidelines before April 15th

Transportation of all goods without the distinction of essential and non-essential services are allowed.

All air, rail and road transport will remain suspended. The following are allowed:

• Transportation will be allowed only for essential goods
• Fire, law and order and emergency services are allowed.
• Cargo movement, relief, evacuation and their relation operational organizations are not suspended.
• Entire Milk supply chain is allowed including collection, distribution, packaging etc.
• Newspaper deliveries
• Inter-state movements of harvesting and sowing related machines like combined harvester and other agriculture/horticulture implements.
• Inter-state movements of goods and cargo for inland and exports are allowed.
• Cross land border movement of essential goods including petroleum products, LPG, food products, medical supplies.

CONSTRUCTION ACTIVITIES

As per the new revised guidelines on April 15th, the following construction activities will continue from April 20th:

1. Construction of roads, irrigation projects, buildings and all kinds of industrial projects, including MSMEs, in rural areas, i.e., outside the limits of municipal corporations and municipalities; and all kinds of projects in industrial estates.
2. Construction of renewable energy projects.
3. Continuation of works in construction projects, within the limits of municipal corporations and municipalities, where workers are available on site and no workers are required to be brought in from outside (in situ construction).

 

CARGO ACTIVITIES/MOVEMENTS

As per the new revised guidelines on April 15th, the following cargo activities will remain open from April 20th:

1. All goods traffic will be allowed to ply.

2. Operations of Railways: Transportation of goods and parcel trains.

3. Operations of Airports and related facilities for air transport for cargo movement relief and evacuation.

4. Operations of Seaports and Inland Container Depots (ICDs) for cargo transport, including authorized custom clearing and forwarding agents.

5. Operations of Land Ports for cross land border transportation of essential goods, including petroleum products and LPG, food products, medical supplies.

6. Movement of all trucks and other goods/ carrier vehicles with two drivers and one helper subject to the driver carrying a valid driving license; an empty truck/ vehicle will be allowed to ply after the delivery of goods, or for pick up of goods.

7. Shops for truck repairs and dhabas on highways, with a stipulated minimum distance as prescribed by the State/ UT authorities.

8. Movement of staff and contractual labour for operations of railways, airports/ air carriers, seaports/ ships/ vessels, landports and ICDs is allowed on passes being issued by the local authority on the basis of authorizations issued by the respective designated authority of the railways, airports, seaports, landports and ICDs.

 

PUBLIC UTILITIES OPEN

As per the new revised guidelines on April 15th, the following public utilities will remain open:

1. Operations of the Oil and Gas sector, including refining, transportation, distribution, storage and retail of products, e.g., petrol, diesel, kerosene, CNG, LPG, PNG etc.

2. Generation, transmission and distribution of power at Central and State/ UT levels.

3. Postal services, including post offices.

4. Operations of utilities in water, sanitation and waste management sectors, at municipal/ local body levels in States and UTs.

5. Operation of utilities providing telecommunications and internet services.

 

SOCIAL SECTOR ACTIVITIES

As per the new revised guidelines on April 15th, the following social sector activities will remain open from April 20th:

1. Operation of homes for children/ disabled/ mentally challenged/ senior citizens/ destitutes/ women/ widows.

2. Observation homes, after care homes and places of safety for juveniles.

3. Disbursement of social security pensions, e.g., old age/ widow/ freedom fighter pensions; pension and provident fund services provided by Employees Provident Fund Organisation (EPFO).

4. Operation of Anganwadis — distribution of food items and nutrition once in 15 days at the doorsteps of beneficiaries, e.g., children, women and lactating mothers. Beneficiaries will not attend the Anganwadis.

 

AGRICULTURAL ACTIVITIES

As per the new revised guidelines on April 15th, the following agricultural and related activities will remain open:

1. Farming operations by farmers and farm workers in field
2. Agencies engaged in procurement of agricultural products including MSP operations
3. Mandis operated by the Agriculture Produce Market Committee (APMC)or as notified by the State/UT Government (eg. satellite madis).
4. Direct marketing operations by the State/UT Government or by industry, directly from farmers/groups of farmers, FPO cooperatives etc. State/UT’s may promote decentralized marketing and procurement at village level.
5. Shops of agriculture machinery, its spare parts (including its supply chain) and repairs to remain open.
6. ‘Custom Hiring Centres (CHC)’ related to farm machinery.
7. Manufacturing, distribution and retail of fertilizers, pesticides and seeds.
8. Movement (inter and intra State) of harvesting and sowing related machines like combined harvester and other agriculture/ horticulture implements.

 

FISHERIES, PLANTATIONS AND ANIMAL HUSBANDRY

As per the new revised guidelines on April 15th, the following activities will remain open from April 20th:

Fisheries

1. Operations of the fishing (marine and inland)/ aquaculture industry, including feeding & maintenance, harvesting, processing, packaging, cold chain, sale and marketing.

2. Hatcheries, feed plants, commercial aquaria.

3. Movement of fish/ shrimp and fish products, fish seed/ feed and workers for all these activities.

Plantations

1. Operations of tea, coffee and rubber plantations, with a maximum of 50% workers.

2. Processing, packaging, sale and marketing of tea, coffee, rubber and cashew, with maximum of 50% workers.

Animal husbandry

1. Collection, processing, distribution and sale of milk and milk products by milk processing plants, including transport and supply chain.

2. Operation of animal husbandry farms including poultry farms & hatcheries and livestock farming activity.

3. Animal feed manufacturing and feed plants, including supply of raw material, such as maize and soya.

4. Operation of animal shelter homes, including Gaushalas.

HOTELS AND HOSPITALITY

All hospitality services will remain suspended except Hotels, home stays, lodges and motels which are accommodating tourists and persons stranded due to lock down, medical and emergency staff, air and sea crew.

TRAINING INSTITUTES

All educational, training, research, coaching institutions etc shall remain closed.

PLACES OF WORSHIP

All places of worship will be closed and no religious gatherings will be allowed.

FUNERALS

In case of funerals, a group of more than 20 persons will not be allowed.

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Malavika Rajkumar is the Content Lead of Nyaaya. Nyaaya is a pioneering initiative of Vidhi Centre for Legal Policy, New Delhi conceived by Rohini Nilekani and supported by Rohini Nilekani Philanthropies and Mekin Maheshwari. Nyaaya’s mission is to provide simple, actionable, recallable and authoritative legal information through our website platform to empower young citizens to make decisions about the law to optimize their daily lives, drive collective action and eventually create a demand for citizen-centric laws.

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