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“Break the Chain” new guidelines by Government of Maharashtra to fight the 2nd wave of Covid19

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In the wake of rising covid 19 cases in Mumbai , our state government has released new guidelines, “Break the Chain” to fight the 2nd wave of Covid -19.

In the last 24 hours India has recorded a massive surge of 1,15,736 covid-19 cases in the last 24 hours. India has seen the highest daily surge, taking the tally to 1,28,01,785 as per MOHFW. Active cases have crossed the 8,00,000 mark and now stand at 8,43,779.
Maharashtra reported over 55,000 Covid-19 cases in the last 24 hours in a persistent rise in cases.

The five most affected states by total cases are Maharashtra (3,113,354), Kerala (1,137,590), Karnataka (1,020,434), Andhra Pradesh (909,002), and Tamil Nadu (903,479).
Cases in Mumbai have been on a constant rise from last week of March till now. Below is the status of covid-19 cases as on 5th April in Mumbai*

 

Total Positive cases 4,62,302
Discharged 3,74,985
Deaths 11,797
Total Active patients 74,522
   
Stable A-symptomatic 61,241
Stable symptomatic 12,230
Critical 1,051

*Source: BMC twitter handle

 

Below are the details of K-East and K-West ward positive cases, weekly growth rate and doubling rate*

Wards K-East K-West
Positive Cases 28147 32788
Days to Double 32 33
Weekly Growth rate 2.16 % 2.13 %

*Source: BMC twitter handle

 

To tackle the above Government of Maharashtra has chalked out a plan to stop this covid-19 second wave which is deadlier than before.

 

 GOVERNMENT OF MAHARASHTRA

Department of Revenue and Forest, Disaster Management,
Relief and Rehabilitation, Mantralaya, Mumbai- 400 032
No: DMU/2020/CR. 92/DisM-1, Dated: 27″March, 2021

ORDER

 Directions for Containment and Management of Covid 19 Epidemic Disaster.

MISSION BEGIN AGAIN
National Directives

1) Wearing a face mask is compulsory in public places, work places and during transport

2) Individuals must maintain a minimum of 6 feet distance (2 gaz ki doori) in public places. Shops in market area will ensure physical distancing among the customers and will not allow more than 5 customers at one time.  

3) Spitting in Public places will be punishable with a fine as may be prescribed by the concerned authority in accordance with its laws, rules or regulations.

4) Consumption of Liquor, Pan, Guthka, Tobacco, etc in public places is prohibited.

 

Directives for Work Places

5) Work from Home as far as possible the practice should be followed. Staggering of work / business hours will be followed in offices, workplaces, shops, markets, and industrial and commercial establishments.

6) Screening and Hygiene-provision for thermal screening, hand wash and sanitizer will be

made available at all entry and exit points and common areas.
7) Frequent sanitization of entire workplace, common facilities and all points which come

into human contact e.g. door handles etc. will be ensured, including between shifts.

8) Social Distancing – all persons in charge of workplaces will ensure adequate distance

between workers, adequate gaps between shifts, staggering the lunch breaks of staff etc.

9) Social Distancing – all persons in charge of workplaces will ensure adequate distance

between workers, adequate gaps between shifts, staggering the lunch breaks of staff etc.

 

1) Containment Zones:

  1. The Containment Zones in the State as categorized vide any orders issued by the local authorities will remain in force till further orders.
  1. The directions issued by the Central Government and State Government from time to time to demarcate the Containment Zones and operations therein will be in force till further orders.

iii. Considering the local conditions, the concerned District Collector and the Commissioners of the Municipal Corporations in the State may enforce certain measures and necessary restrictions in specified local areas on the permitted non-essential activities and the movement of persons to contain the spread of the epidemic only with the prior written approval of Chief Secretary, Maharashtra.

  1. Within the containment zones, listing of contacts shall be carried out in respect of all persons found positive, along with their tracking, identification, quarantine and follow up of contacts for 14 days (80% of contacts to be traced in 72 hrs).

2) Gatherings of more than 5 people will not be allowed from 8 PM to 7 AM effective from midnight on 27th March, 2021. Violation of the same will attract a penalty of Rs 1000/ per head on the offenders

3) All Public Places(Gardens & Beaches) to remain closed from 8 PM to 7 AM effective from midnight on 27th March, 2021. Violation of the same will attract a penalty of Rs 1000/- per head on the offenders.

4) Any person found to be without masks shall be fined an amount of Rs 500/-. Any person found to be spitting in public place will be fined an amount of Rs 1000/-.

5) All Cinema Halls (Single Screens and Multiplexes), malls, auditoriums and restaurants to remain closed from 8 PM to 7 AM from midnight on 27th of March, 2021. Home delivery and take away from restaurants will however be allowed during the said time. In case of any violation of this order or violation of the conditions set forth in orders dated 15th March, 2021 and 17th March, 2021, concerned cinema hall/ hotels/ restaurants shall have to remain closed for a period until the COVID 19 pandemic stays notified as a Disaster by the Central Government. Violation shall also attract penalties under the disaster act for the owner of premises.         
6) No Social/ Cultural/ Political/ Religious gatherings to be allowed. Auditoriums or drama theatres should also be not used for the purpose of conducting the said gatherings. Violation shall also attract penalties under the disaster act for the owner of premises. The property shall also have to remain closed till the period until the COVID 19 pandemic stays

notified as a Disaster by the Central Government.

7) Not more than 50 people will be allowed to be present only for the purpose of weddings. Violation shall also attract penalties under the disaster act for the owner of premises. . The property shall also have to remain closed till the period until the COVID 19 pandemic stays notified as a Disaster by the Central Government.

8) Not more than 20 people will be allowed to be present for the purposes of performance of last rites. It will be the duty of the local authorities to ensure the same.

9) Home isolation to be allowed with following restrictions:

  1. Information to this extent shall be given to the local authorities along with information of the qualified medical professional under whose supervision the isolation will be adhered to. It shall be the responsibility of the medical professional to ensure that all due precautions of home quarantine are being taken and shall be duty bound to intimate immediately to the authorities about any violation and withdraw his or her consent to be supervisor.
  1. A board is to be put up on the door or conspicuous location for 14 days since the beginning indicating the presence of a COVID 19 patient at the said location.
  1. Home Quarantine seal on hand to be affixed by the local authorities
  2. It is advised that members of the family also restrict their movements outside to the extent possible, and never without Mask.
  1. Any violation to isolation shall lead to immediate movement to Covid Care Center designated by local authority.

10) All private offices except related to health and other essential services to function at 50 % capacity. In the case of Government/ Semi Government offices, the head of the office to take a decision regarding the staff attendance ensuring adherence to all COVID 19 protocols. The Manufacturing sector however can function at full capacity. However it is advised that the workforce be reduced to ensure adequate social distancing on the production floor. For the purpose of maintaining social distancing, manufacturing units may be allowed to increase the working shifts as approved by the local authorities. The manufacturing sector can operate with the following restrictions –

  1. No entry will be allowed without proper wearing of Masks.
  2. Temperature measuring devices to be used to ensure no one with fever gets an entry.
  3. Adequate hand sanitizers to be kept at various convenient locations.
  4. Concerned establishments to ensure presence of enough manpower to enforce wearing of masks as well as maintaining social distances by all visitors all the times.
  1. In case of violation of this order, concerned manufacturing units shall have to remain closed for a period until the COVID 19 pandemic stays notified as a Disaster by the Central Government. Violation shall also attract penalties under the disaster act for the owner of premises.

11) In order to reduce the crowding at Government offices, apart from elected representatives themselves, other visitors to be not allowed without urgent work. In case of those visitors who have been called for meetings, special passes may be issued by the departments/ Head of the offices.

12) Management trusts of all religious places to decide and declare the maximum number of visitors per hour depending upon the availability of space for movement and gathering with proper social distancing. It is advised that convenient systems like online reservations for visits may be initiated. Entry to these places shall be subject to following restrictions.

  1. No entry will be allowed without proper wearing of Masks.
  2. Temperature measuring devices to be used to ensure no one with fever gets an entry.
    c. Adequate hand sanitizers to be kept at various convenient locations.
    d. Concerned establishments to ensure presence of enough manpower to enforce wearing of masks as well as maintaining social distances by all visitors all the times.

13) Public transports have been opened up with certain restrictions. Anyone found violating these restrictions shall be punishable with fine of Rs. 500/- by concerned the public transport authority,

14) All earlier orders shall be aligned with this order and shall remain in force up to 30″ April, 2021

15) Testing – The proportion of RT-PCR tests in the total mix should be scaled up on best effort basis to 70% or more.

16)  Tracking – The new positive cases detected as a result of intensive testing need to be isolated/ quarantined at the earliest and their contacts have to be immediately traced and quarantined.

 17) It will be the responsibility of the local district, police and municipal authorities to ensure that prescribed containment measures, testing and tracking are strictly followed.

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Offences and Penalties for Violation of Lockdown Measures

  1. A) Section 51 to 60 of the Disaster Management Act, 2005

 

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) 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.

(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.-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.

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, 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, manager, 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 anybody 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 authorized as aforesaid.

B) Section 188 in the Indian Penal Code, 1860
188) Disobedience to order duly promulgated by public servant. —Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgater, 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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