MHA Order for extension of Lockdown
The
Ministry of Home Affairs, Government of India (“MHA”) has issued an
updated order dated May 01, 2020 bearing No. 40-3/2020-DM-I(A) (“Order”) with
the new guidelines on the measures to be taken by Ministries / Department of
Government of India / States and State authorities for containing the spread of
COVID-19. The Order and the new guidelines will come into effect from May 04,
2020 and will be valid for a period of two weeks i.e. till May 17, 2020.
Classification of Zones
As per the Order, the easing of the lockdown restrictions in the country
will be applicable based on the risk profiling of the districts into red,
orange and green zones (as defined in the Order and explained below).
A) Green zones: A green zone is a zone where there
are no confirmed cases till date, or districts with no confirmed case in the
last 21 days.
B) Red zones or hotspots: A red zone will be
defined by Ministry of Health and Family Welfare, Government of India (“MHFW”)
taking into account total number of active cases, doubling rate of confirmed
cases, extent of testing and surveillance feedback.
C) Orange zones: all zone that are neither red zones
nor green zones will be classified as orange zones.
The classification of the zones will be updated by the MHFW on a weekly
basis. The Order specifically states that each State/Union Territory may
classify additional districts as red or orange zones but cannot lower the
classification of any district. In red zones and orange zones, containment zones
will be demarcated by states and district administrations where strict lockdown
restrictions will apply.
As per the Order, within containment zones, there will be strict
perimeter control and no movement of population in and out of containment zones,
will be permitted except for medical emergencies and for the supply of
essential goods and services. The Order requires 100% implementation of the
Aarogya Setu application in containment zones.
Common Central Restrictions
Irrespective of the zone, as per the Order, the following activities
continue to be prohibited:
·
All
domestic and international air travel except for medical or security purposes;
·
Passenger
movement by trains except security purposes or as permitted by MHA;
·
Interstate
bus transport except as permitted by MHA;
·
Metro
rail services;
·
Interstate
movement of individuals except for medical reasons or activities permitted by
MHA;
·
All
educational institutions;
·
Hospitality
services other than those needed for frontline workers or stranded persons, or
for quarantine;
·
All
cinema halls, shopping malls, gyms, sports complexes, swimming pools, assembly
halls and similar places;
· All
social, political and religious gatherings (please note that the annexure
indicates that marriages and funerals can be held with limited participants and
with social distancing);
·
Religious
places of worship will not be open to public and religious congregations remain
prohibited.
The Order
additionally imposes the following conditions irrespective of the zone:
1.
Imposition
of a curfew and prohibition of movement of individuals for non-essential
activities from 7 pm to 7 am;
2. Condition
that persons above 65 years of age, persons with co-morbidities, pregnant women
and children below 10 years are required to stay at home, unless there is a
health-related issue or to meet essential requirements;
3.
Opening
of outpatient departments and medical clinics (except in containment zones) is
permitted with social distancing norms.
Activities in Red Zones
As per
the Order, the following activities are permitted in the red zones (outside
containment zones) with restrictions as imposed by the authorities:
· Movement of
individuals and vehicles for permitted activities. Four wheelers will have a
maximum of 2 passengers besides the vehicle driver and two wheelers will be
permitted to ply with only one rider with no pillion.
· Industrial
establishments in urban areas: only the following are permitted - SEZs, EOUs,
industrial estates and industrial townships with access control; manufacturing
units of essential goods including drugs, pharmaceuticals, medical devices,
their raw materials and intermediates, production units which require
continuous process and their supply chain, manufacturing of IT hardware, jute
industry, manufacturing units of packaging material.
· All
industrial activities permitted in rural areas.
· Construction
in urban areas – only in situ construction and construction of
renewable energy projects. All construction activities are permitted in rural
areas.
· Shops
selling essential goods in markets and market complexes permitted to be
operational. All standalone shops permitted for both essential and non-essential
goods.
·
E-commerce
activities will be permitted only for essential goods.
·
Private
offices can operate with 33% strength as per requirement, with remaining
persons working from home.
The
following activities are prohibited in red zones: Cycle rickshaws, auto
rickshaws, taxis and cab aggregators, intra district and inter district buses,
barber shops, spas and salons.
Activities in Orange Zones
As per
the Order, inter district and intra district plying of buses will not be
permitted in orange zones.
In orange zones, cabs and cab aggregators will be permitted to operate
with one driver and two passengers. Inter district movement of individuals and
vehicles will be permitted for permitted activities with four wheeler vehicles
having a maximum two passengers besides the driver.
Activities in Green Zones
All
activities will be permitted except those prohibited in all zones. Buses may
operate with 50% seating and bus stations will be permitted to operate at 50%
capacity.
The Order permits inter-state movement of goods/cargo, including empty
trucks.
All other activities will be permitted, which are not specifically
prohibited/permitted with restrictions in the various zones. However, the
concerned State/Union Territories may allow only select activities from out of
the permitted activities with restrictions as necessary based on their
assessment of the situation.
The State/ Union Territories are not permitted to dilute the guidelines
issued and are required to strictly enforce the same.
In addition to the standard operating procedures issued by the MHA
earlier, Annexure I of the Order sets out certain directives which are required
to be followed in public places and in workplaces for reducing the spread of
COVID-19. Some of the directives are set out below:
- All persons are compulsorily required to wear face
masks in public places and in all workplaces which are permitted to
re-open their office premises. Employers are required to ensure that
adequate supply of face masks is available to accommodate all employees
and workers who are present in the workplace.
- Employers are required to ensure that social
distancing as per the guidelines of the MHFW is strictly followed at all
times at the workplace and in company transport. Employers may implement
these norms by ensuring adequate gaps between shifts; and by staggering
lunch breaks of staff.
- All areas in the premises of the workplace
which come into human contact (ex. door handles) are required to be
frequently sanitized/ disinfected.
- Employers are required to ensure that persons
above 65 years of age, persons with co-morbidities, and pregnant women opt
in for work from home policies and are not required to physically report
to the workplace.
- Employers (public or private) are required to
ensure that all employees and workers of their establishment are using the
Arogya Setu app.
- Employers are required to avoid large physical
meetings.
- A list of hospitals/ clinics in the vicinity
of the workplace is required to be displayed at the workplace at all
times. Any employee who is showing symptoms of COVID-19 is required to be
immediately sent to such facilities for a medical check-up. Employers are
required to earmark designated quarantine areas in the workplace for
isolating employees who are showing symptoms of COVID-19 till they are
safely moved to the medical facilities.
- Special transportation facility is required to
be arranged for employees/ workers wherever the commute by personal/
public transport system is not feasible. Such special transportation
facility is required to ensure compliance with the social distancing
guidelines.
- Employers are required to take up intensive communication and training on good hygiene practices.