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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. 496]

CHENNAI, MONDAY, NOVEMBER 30, 2020

Karthigai 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

II-2 Ex. (496)

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

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

TAMIL NADU TILL 24:00 HRS OF 31.12.2020 WITH GUIDELINES AND RELAXATIONS UNDER THE

DISASTER MANAGEMENT ACT, 2005.

[G.O. (Ms) No.673, Revenue and Disaster Management (D.M.IV), 30th November 2020,

裘ˆF¬è 15, rh®tç, ÂUtŸSt® M©L-2051.]

No. II(2)/REVDM/783(c)/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 30.11.2020 under the Disaster Management Act, 2005 in GO.Ms.No.613, Revenue and Disaster Man-

agement (DM-IV) Department, dated 31.10.2020 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 28.11.2020 through Video Conference and views expressed by

the Medical Experts and Public Health Committee during the discussion with the Hon’ble Chief Minister on 28.11.2020 and in

consultation with the Senior Ministers hereby order to extend the State-wide lockdown till 24:00 hrs of 31.12.2020 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, G.O.Ms.No.396, Revenue and

Disaster Management (DM II), Department, dated 31.7.2020, GO.Ms.No.447, Revenue and Disaster Management (DM-IV)

Department, dated 31.08.2020, GO.Ms.No.541, Revenue and Disaster Management (DM-IV) Department, dated 30.09.2020 and

G.O.Ms.No.613, Revenue and Disaster Management (DM-IV) Department, dated 31.10.2020 and amendments issued thereon

with the existing restrictions and following further guidelines and relaxations.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

I.

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

throughout the State till 24:00 hrs of 31.12.2020.

i.

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

II.

The following activities shall be allowed in addition to the existing permitted activities throughout the State

including the areas falling under the jurisdiction of Greater Chennai Police (Except in containment zones):

i.

Following the Standard Operating Procedures, Final year classes for all Colleges/Universities including

Arts, Science, Technical, Engineering, Agriculture, Fisheries, Veterinary Colleges shall be permitted to

function from 7.12.2020. Further, Hostels for the above College Students shall also be permitted.

ii.

Following the Standard Operating Procedures, Medical and allied Colleges (Under graduate and Post

graduate classes) shall be permitted to function from 7.12.2020. However classes for the students admitted

for the Academic year 2020-2021 shall be permitted to function from 1.2.2021. Further, Hostels for the above

College Students shall also be permitted.

iii. Following the Standard Operating Procedures, Swimming pools only for sports training shall be permitted.

iv.

Based on the COVID-19 situation, following the Standard Operating Procedures, Beaches including Marine beach

is allowed from 14.12.2020 for public purposes.

v.

Following the Standard Operating Procedures, Tourist Places is allowed for public purposes.

vi.

Following the Standard Operating Procedures, Exhibition halls only for business to business purposes shall be

permitted.

vii.

Following the Standard Operating Procedures, Social, Political, Entertainment and Religious gatherings, with

a maximum of 50% of the hall capacity or with a ceiling of 200 persons in closed spaces shall be permitted from

1.12.2020 to 31.12.2020. Further prior permission shall be obtained from the Commissioner of Police in respect of

Chennai City and from the District Collector in respect of other districts. Based on the COVID-19 situation relaxations

for permitting meeting in Open spaces will be decided.

viii. The existing E-registration system shall continue to be in force for the persons coming to Tamil Nadu from other

States (other than State of Puducherry, Karnataka and Andhra Pradesh)

III. COVID appropriate behavior

1.

The District administration shall take all necessary measures to promote COVID-19 appropriate behaviour.

Strict enforcement of wearing of face masks, hand hygiene and social distancing must be ensured.

2.

Wearing of face masks is an essential preventive measure. In order to enforce this core requirement, the

District administration shall consider administrative actions, including imposition of appropriate fi nes, on

persons not wearing face masks in public and work spaces.

3.

Observance of social distancing in crowded places, especially in markets, weekly bazaars and public

transport, is also critical for containing the spread of the infection. The Standard Operating Procedures

issued to regulate crowds in market places, which shall be strictly enforced by the District administration.

4.

Standard Operating Procedures for regulating travel in aircrafts, trains and metro rails are already in place,

which shall be strictly enforced.

IV. Surveillance and Containment

Eff ective demarcation of Containment Zones, in vulnerable and high incidence area, is key to breaking the chain of

transmission and controlling the spread of the virus. Containment Zones shall be carefully demarcated by the district authorities,

at the micro level, taking into consideration the guidelines prescribed by the Ministry of Health and Family Welfare (MoHFW) in

this regard. The list of Containment Zones will be notifi ed on the websites by the respective District Collectors and this list will

also be shared with MoHFW.

V. Within the demarcated Containment Zones, containment measures, as prescribed by MoHFW, shall be scrupulously

followed, as under:

i.

Only essential activities shall be allowed in the Containment Zones.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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ii.

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.

iii.

There shall be intensive house-to-house surveillance by surveillance teams formed for the pur-

pose.

iv.

Testing shall be carried out as per prescribed protocol.

v.

Listing of contacts shall be carried out in respect of all persons found positive, along with their

tracking, identifi cation, quarantine and follow up of contacts for 14 days (80% of contacts to be

traced in 72 hours)

vi.

Quick isolation of COVID-19 patients shall be ensured in treatment facilities/home (subject to

fulfi lling the home isolation guidelines)

vii.

Clinical interventions, as prescribed, shall be administered.

viii.

Surveillance for ILI/SARI cases shall be carried out in health facilities or outreach mobile units

or through fever clinics in buff er zones.

ix.

Awareness shall be created in communities on COVID-19 appropriate behaviour.

VI. It shall be the responsibility of local district, police and municipal authorities to ensure that the prescribed

Containment measures are strictly followed. The District administration shall ensure accountability of the offi cers

concerned in this regard.

VII. Strict adherence to the prescribed Standard Operating Procedures(SOPs):

Standard Operating Procedures(SOPs) have been prescribed for various activities. These include movement of passenger

trains; air travel; metro trains; schools; higher educational institutions; hotels and restaurants; shopping malls, multiplexes and

entertainment parks; yoga centres and gymnasiums; assemblies and congregations. etc. The SOPs shall be strictly enforced by

the district authorities concerned, who shall be responsible for their strict observance.

VIII. 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.

IX. 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.

Organisations and Business entities with 50 or more employees are encouraged to avail the Aarogya Setu OpenAPI

Service (https://openapi.aarogyasetu.gov.in

https://openapi.aarogyasetu.gov.in) OpenAPI feature will facilitate Organisations and employees to return to

work in a COVID-19 risk free environment.

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

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

are at risk.

X. 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 physical distancing among customers.

3.

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

authority in accordance with its laws, rules or regulations.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Additional Directives for work places

4.

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

5.

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

industrial & commercial establishments.

6.

Screening & hygiene: Provision for thermal scanning, hand wash or sanitizer will be made at all

entry points and of handwash or sanitizer at 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 work places will ensure adequate distance between

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

XI. 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.

K. SHANMUGAM

Chief Secretary.

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 materi-

als, 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 De-

partment 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 Depart-

ment 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...

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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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.

59. Previous sanction for prosecution.—No prosecution for off ences punishable under sections 55 and 56 shall be insti-

tuted 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 ence—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 reli-

gious 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