[Legal News] Guidelines for Phased Re- Opening [Guidelines for Unlock II]


On June 29, 2020, The Ministry of Home Affairs, Government of India has by a Vide Order No. 40-3/2020-DM-I(A), issued the guidelines for phased re-opening of activities in areas falling outside the containment zones, in a calibrated manner. The lockdown in containment zones has been extended up to 31.07.2020.  The said guidelines notified by the Union Home Secretary in the exercise of his powers u/section 10(2)(1) of the Disaster Management Act,2005 have categorized the areas into containment and outside-containment zones.

1.      RESTRICTRICTIONS IN AREAS OUTSIDE THE CONTAINMENT ZONES TILL 31.07.2020

       Metro rail, cinema halls, swimming pools, gymnasiums, entertainment parks, theaters, bars, auditorium, assembly halls, and other similar places shall remain closed.

       Depending upon their size and ability to ensure physical distancing, shops can now have more than five persons at a time

       Schools, colleges, educational, and coaching institutions will also remain closed, and are encouraged to continue online teaching.

       There are also restrictions on social/ political/ sports/ entertainment/ academic/ cultural/ religious function and other large congregations.

       Training institutes of both Central and State government are allowed to function from July 15, 2020 onwards, in compliance with the Standard Operating Procedures to be issued by the Department of Personnel and Training.

        International air travel is permitted, subject to the approval of MHA.

       Limited domestic flights and passenger trains shall continue to operate and their operations will be further expanded in a calibrated manner.

(Dates of starting these activities will be taken separately)

 2.      NIGHT CURFEW

       Duration for night curfew has been relaxed, the movement of the individuals shall remain strictly prohibited between 10:00 pm to 05:00 am throughout the country.  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 airplanes will be exempted from the restriction of night curfew.

       Local authorities are given the discretion to issue orders, in the entire area of their respective jurisdiction, under appropriate provisions of law, such as under Section 144 of the Code of Criminal Procedure,1973 and to ensure strict compliance.

       The States/UT shall on the basis of their respective assessment of prevailing situation, may prohibit certain activities outside the containment zones, or impose such restrictions, as they deem necessary

3.      CONTAINMENT ZONES

(as earmarked under the guidelines issued by the Ministry of Health & Family Welfare (MOHFW)

       Containment zones shall continue to remain under lockdown till 31 July, 2020.

       Only essential services shall be allowed to function in such zones.

       The movement of people, in and out of such zones shall be under strict perimeter control, except for medical emergencies and for maintaining supply for essential goods and services.

·         The States /UTs shall identify the Buffer zones outside the containment zones and the District authorities shall impose necessary restrictions.

·         The Guidelines issued by MoHFW shall be strictly adhered to for intensive contact tracing, house to house surveillance and other clinical interventions

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

 

 

5.       MOVEMENT OF THE PERSONS WITH SOPs:

(will continue to be regulated as per SOPs issued.)

       Regulated movement by passenger trains and Shramik special trains allowed;

       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, shall continue.

 

6.      PROTECTION OF VULNERABLE PERSONS:

(Persons advised to stay at home, except for Essential and Health purposes.)

       Persons above 65 years of age,

       Persons with co-morbidities,

       Pregnant women,

       And children below the age of 10 years.

 

7.      USE OF AAROGYA SETU APP:

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

 

8.      PENAL PROVISIONS:

       Any person violating the above-mentioned measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of the Indian Penal Code,1860 and other legal provisions as applicable.

The extracts of relevant penal provisions are contained in Annexure 2 attached to the order.

Click here to download MHA guidelines.

 

This News has been reported by Rohan Pratap Singh, who is a Law Student at Trinity Institute of Professional Studies, New Delhi & edited by Samreen Ahmad

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