II-2 Ex. (348)

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2020

[Price: Rs. 2.40 Paise.

No. 348]

CHENNAI, MONDAY, AUGUST 31, 2020

Aavani 15, Saarvari, Thiruvalluvar Aandu-2051

Part II—Section 2

Notifi cations or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

REVENUE AND DISASTER MANAGEMENT

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

DEPARTMENT

COVID-19 – EXTENDING RESTRICTIONS IN THE TERRITORIAL JURISDICTIONS OF THE STATE OF

TAMIL NADU TILL 24:00 HRS OF 30-09-2020 WITH GUIDELINES AND RELAXATIONS UNDER THE

DISASTER MANAGEMENT ACT, 2005.

[G.O. Ms. No. 447, Revenue and Disaster Management [D.M.IV], 31st August 2020,

ÝõE 15, ꣘õK, F¼õœÀõ˜ ݇´-2051.]

No. II(2)/REVDM/510(i)/2020.

WHEREAS on considering the recommendations of the expert team of Doctors and Public Health Specialists

and based on the directives of Government of India, Ministry of Home Aff airs, State-wide lockdown was extended

from time to time and lastly extended till 24:00 hrs of 31-08-2020 under the Disaster Management Act, 2005

in GO.Ms.No.396, Revenue and Disaster Management (DM-II) Department, dated 31-07-2020 with various

relaxations and certain restrictions.

2. Now, therefore the Government of Tamil Nadu based on the review meetings held on various dates,

particularly views expressed by the District Collectors in the meeting held on 29-08-2020 through Video Conference,

based on the recommendations of the Expert Committee constituted under the Chairmanship of Additional Chief

Secretary, Finance Department on Exit Strategy and views expressed by the Medical Experts and Public Health

Committee during the discussion with the Hon’ble Chief Minister on 29-08-2020 and in consultation with the Senior

Ministers hereby order to extend the State-wide lockdown till 24:00 hrs of 30-09-2020 under the Disaster

Management Act, 2005 with various relaxations ordered in G.O. Ms.No.217, Revenue and Disaster Management

(DM II), Department, dated 3-5-2020, G.O.Ms.No.245, Revenue and Disaster Management (DM II), Department,

dated 18-5-2020, G.O.Ms.No.324, Revenue and Disaster Management (DM II), Department, dated 30-6-2020

and G.O.Ms.No.396, Revenue and Disaster Management (DM II), Department, dated 31-7-2020 amendments

issued thereon with the existing restrictions and following further guidelines and relaxations.

I.

The following activities shall continue to remain prohibited until further orders, during the lockdown

period throughout the State till 24:00 hrs of 30.09.2020.

i.

Schools, colleges, research institutions and other educational / coaching institutions etc. will remain

closed. Online / distance learning shall continue to be permitted and shall be encouraged.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ii.

All Cinema halls, swimming pools, entertainment/amusement parks, theatres, auditoriums, assembly halls, Beaches,

Zoos, Museums, Tourist places and similar places will remain closed.

iii. All international air travel of passengers, except for purposes as permitted by MHA.

iv. Religious congregations, all social / political / sports / entertainment / academic / cultural / religious functions / other

gatherings and large congregations.

Further, the following restrictions shall remain in force in respect of marriages, funerals:-

Restrictions for Marriages and Funerals:-

i.

Marriage related gathering: Number of guests not to exceed 50.

ii.

Funeral/last rites related gathering: Number of persons not to exceed 20.

II.

The following activities shall be allowed in addition to the existing permitted activities from 00 hrs of 01-09-2020

throughout the State (Except in containment zones):

i.

Movement of General Public is permitted throughout the State of Tamil Nadu (between the districts) without

E-Pass. However, the present e-pass system would continue to be in force for the persons who are coming from

foreign countries and from other States to Tamil Nadu by Air, Rail and other Vehicles and auto generated on-line

e-pass will be issued to all the applicants immediately who apply for e-pass with the details of Aadhar Card, Travel

Ticket, Telephone / Mobile Nos. for their travel from foreign countries and other states to Tamil Nadu.

ii.

All religious places / places of worship across the State shall be allowed for public worship. The Standard

Operating Procedure for this will be released by the Government. Further, the maximum number of devotees permitted

for darshan per day shall be fi xed and limited number of persons only shall be permitted inside the religious places/

places of worship and Sanctum Santorum at a single point of time for dharshan. Public worship will be allowed in

religious places/places of worship only upto 8.00 P.M.

iii. Operation of both Public and Private Bus Transport within the District and Metropolitan Bus Services in Greater

Chennai shall be permitted from 1-9-2020 following the Standard Operating Procedures.

iv. Metro Rail Services are permitted in Greater Chennai from 7-9-2020 following the Standard Operating Procedures

to be issued.

v.

Shopping Malls, all showrooms and big format stores throughout the State are permitted to operate with 100%

staff strength and with air conditioning facility by following the guidelines issued by Government of India for air

conditioning and ventilation and the Standard Operating Procedures. However, cinema theatres in Shopping Malls

would remain closed.

vi. All shops across the State including Chennai shall be permitted to operate till 8.00 P.M.

vii. Following the Standard Operating Procedures already issued by Government, Restaurants and Tea Shops are

permitted to function from 6.00 A.M. to 8.00 P.M. and take away (parcel food) will be permitted upto 9.00 P.M.

viii. All Industries, Private Offi ces, Export Oriented Units and IT/ITEs across the State including Chennai shall be

permitted to function with 100% strength. However, IT / ITEs companies should encourage their employees to

work from home other than those whose services are inevitable.

ix. Hotels, Resorts, Recreation Clubs and other hospitality services like Clubs are permitted to function after

duly following the Standard Operating Procedures.

x.

Following the Standard Operating Procedures, Public Parks and Play Grounds are permitted to open up for

exercise and all kinds of sports practice. However, spectators shall not be permitted in the play grounds.

xi. Following the Standard Operating Procedures, YOGA training Centres are permitted to operate.

xii. Skill and Industrial Training Institutes shall be permitted to function from 21-9-2020 by following the Standard

Operating Procedures.

xiii. Government Offi ces now functioning with 50% strength are permitted to function with 100% strength from

1-9-2020. However, Covid-19 Containment Offi cer (Nodal Offi cer) may be nominated in Private and Government

Offi ces, Industries and other establishments in order to ensure that the Standard Operating Procedures are duly

followed in the offi ces, staff with infection are not permitted to attend offi ce and staff with symptoms are subjected

to test immediately.

xiv. Banks and other related institutions are permitted to function with 100% strength.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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xv. To restrict the tourists from outstation, travelling to Nilgiris District and all other hill stations like Kodaikanal and

Yercaud, tourists should apply for e-pass from the respective District Collectors and permission should be obtained.

xvi. Shooting of fi lms relating to Cinema Industry is permitted following the Standard Operating Procedure (SOP)

with a condition that only 75 persons should be allowed to work at a single point of time. However, spectators shall

not be allowed while shooting of fi lms.

xvii. Enforcement of Complete Lock Down on Sundays stands cancelled from the month of September, 2020.

xviii. Inter State Rail Transport will be permitted in the authorised routes. However, Passenger Rail Transport within the

State remains prohibited till 15-09-2020 and a decision would be taken for operating the Passenger Rail Transport

within State after 15-09-2020 based on the situation prevailing.

xix. Fresh Protocol for Quarantine and Testing of foreign and domestic travelers traveling by Air and travelers from other

States by Train will be issued.

xx. Now, 50 Flights from other States shall be permitted to land in Chennai Airport daily as against 25 Flights which

were permitted earlier. Further, the permission already granted for landing of fl ights at Coimbatore, Tiruchirappalli,

Madurai, Thoothukudi and Salem Airports shall continue to be in force.

III. Lockdown limited to Containment Zones

a.

Lockdown shall continue to remain in force in the Containment Zones till 30th September, 2020.

b.

Containment Zones shall be demarcated by the District Authorities at micro level after taking into consideration

the guidelines of MoHFW with the objective of eff ectively breaking the chain of transmission. Strict containment

measures will be enforced in these containment zones and only essential activities will be allowed. There shall 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. Guidelines of

MoHWF shall be eff ectively implemented for the above purpose.

c.

These Containment Zones will be notifi ed on the websites by the respective District Collectors and by the State

and information will be shared with MoHFW.

IV. Movement of persons with SOPs

Movement by passenger trains; domestic passenger air travel; movement of persons on Vande Bharat and Air Transport

Bubble fl ights; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

V. Protection of vulnerable persons

Persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years

are advised to stay at home, except for essential and health purposes.

VI. Use of Aarogya Setu

a.

Aarogya Setu enables early identifi cation of potential risk of infection, and thus acts as a shield for individuals and

the community.

b.

With a view to ensuring safety in offi ces and work places, employers on best eff ort basis should ensure that Aarogya

Setu is installed by all employees having compatible mobile phones.

c.

District authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and

regularly update their health status on the app. This will facilitate timely provision of medical attention to those

individuals who are at risk.

VII National Directives for COVID-19 Management

1.

Face coverings: Wearing of face cover is compulsory in public places; in workplaces; and during transport.

2.

Social distancing: Individuals must maintain a minimum distance of 6 feet in public places. Shops will ensure physi-

cal distancing among customers.

3.

Gatherings: Large public gatherings/congregations continue to remain prohibited. Marriage related gathering: Num-

ber of guests not to exceed 50. Funeral/last rites related gathering: Number of persons not to exceed 20

4.

Spitting in public places will be punishable with fi ne, as may be prescribed by the State, local authority in accord-

ance with its laws, rules or regulations.

5.

Consumption of liquor, paan, gutka, tobacco etc. in public places is prohibited.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Additional Directives for work places

6.

Work from home (WfH): As far as possible, the practice of WfH should be followed.

7.

Staggering of work/ business hours shall be followed in offi ces, work places, shops, markets and industrial &

commercial establishments.

8.

Screening & hygiene: Provision for thermal scanning, hand wash and sanitizer will be made at all entry point and of

handwash or sanitizer at exit points and common areas.

9.

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.

10. Social distancing: All persons in charge of work places will ensure adequate distance between workers, adequate

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

VIII. General

i.

Gathering of more than 5 persons at a time in the public places will remain prohibited under Section 144 of Criminal

Procedure Code.

ii.

No activity will be permitted in the Containment Zones across the State, during the lockdown period.

iii.

Wearing of Mask is compulsory and it would be strictly enforced. Repeated washing hands with soap-sanitizers and

social distancing norms should be strictly enforced for the permitted activities.

IX. Penal provisions

Any person violating these 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 IPC, and other legal provisions as

applicable. Extracts of these penal provisions are at Annexure I.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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Annexure I

Section 51 to 60 of the Disaster Management Act, 2005

Off ences and Penalties for Violation

51. Punishment for obstruction, etc.-—Whoever, without reasonable cause--

(a) obstructs any offi cer 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 fi ne, 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 benefi ts consequent to disaster from any offi cer 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 fi ne.

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 fi ne.

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 fi ne.

55. Off ences by Departments of the Government.-(1) Where an off ence 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 off ence and shall be liable

to be proceeded against and punished accordingly unless he proves that the off ence was committed without his knowledge

or that he exercised all due diligence to prevent the commission of such off ence.

(2) Notwithstanding anything contained in sub-section (1), where an off ence under this Act has been committed by a

Department of the Government and it is proved that the off ence has been committed with the consent or connivance of, or

is attributable to any neglect on the part of, any offi cer, other than the head of the Department, such offi cer shall be deemed

to be guilty of that off ence and shall be liable to be proceeded against and punished accordingly.

56. Failure of offi cer in duty or his connivance at the contravention of the provisions of this Act.-Any offi cer, 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 offi ce shall, unless he has obtained the express written permission of his offi cial superior or has other lawful

excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fi ne.

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 fi ne or with both.

58. Off ence by companies.—(1) Where an off ence under this Act has been committed by a company or body corporate,

every person who at the time the off ence 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 off ence was committed without his knowledge or that he exercised due diligence to prevent the commission

of such off ence.

(2) Notwithstanding anything contained in sub-section (1), where an off ence under this Act has been committed by a

company, and it is proved that the off ence was committed with the consent or connivance of or is attributable to any neglect

on the part of any director, manager, secretary or other offi cer of the company, such director, manager, secretary or other

offi cer shall also, be deemed to be guilty of that off ence 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 fi rm or other association of individuals; and

(b) “director”, in relation to a fi rm, means a partner in the fi rm.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

59. Previous sanction for prosecution.—No prosecution for off ences 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 offi cer authorised in this behalf, by general or special order, by such Government

60. Cognizance of off ences.—No court shall take cognizance of an off ence 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 offi cer 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 off ence 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 offi cer authorised as aforesaid.

2. Section 188 in the Indian Penal Code, 1860

Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a

public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain

order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience

causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully

employed, be punished with simple imprisonment for a term which may extend to one month or with fi ne 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 aff ray, shall be punished with imprisonment of either description for a term which

may extend to six months, or with fi ne which may extend to one thousand rupees, or with both.

Explanation: It is not necessary that the off ender should intend to produce harm, or contemplate his disobedience as

likely to produce harm. It is suffi cient 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 off ence defi ned in this section.

K. SHANMUGAM,

Chief Secretary.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU