REVENUE AND DISASTER MANAGEMENT DEPARTMENT

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

[R. Dis. No. 197/2009.

[Price: Rs. 2.40 Paise.


	TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY

No. 559] CHENNAI, THURSDAY, DECEMBER 31, 2020 Margazhi 16, Saarvari, Thiruvalluvar Aandu–2051

Part II—Section 2

Notiﬁcations or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

COVID-19-EXTENDING RESTRICTIONS IN THE TERRITORIAL JURISDICTIONS OF THE STATE OF TAMIL NADU TILL 24:00 HRS OF 31-1-2021 WITH GUIDELINES AND RELAXATIONS UNDER THE DISASTER MANAGEMENT ACT, 2005

[G.O. Ms. No.820, Revenue and Disaster Management [D.M.IV], 31st December 2020,

மார்கழி 16, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. II(2)/REVDM/854(g)/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 Aﬀairs, State-wide lockdown was extended from time to time and lastly extended till 24:00 hrs of 31-12-2020 under the Disaster Management Act, 2005 in GO.Ms.No.673, Revenue and Disaster Management (DM-IV) Department, dated 30-11-2020 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 28-12-2020 through Video Conference and views expressed by the Medical Experts and Public Health Committee during the discussion with the Hon'ble Chief Minister on 28-12-2020, in consultation with the Senior Ministers and taking view of the eﬀect of the spread of Covid-19 virus and mutated Covid-19 virus in foreign countries, hereby order to extend the State-wide lockdown till 24:00 hrs of 31-1-2021 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., G.O.Ms.No.447, Revenue and Disaster Management (DM-IV) Department, dated 31-08-2020., G.O.Ms.No.541, Revenue and Disaster Management (DM-IV) Department, dated 30-09-2020., G.O.Ms.No.613, Revenue and Disaster Management (DM-IV) Department, dated 31-10-2020., G.O.Ms.No.673, Revenue and Disaster Management (DM-IV) Department, dated 30-11-2020 and amendments issued thereon with the existing restrictions and following further guidelines and relaxations.

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

throughout the State till 24:00 hrs of 31-1-2021.

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

ii. To contain the spread of mutated Covid-19 virus, the existing E-registration system shall continue to be in force for the persons coming to Tamil Nadu from other States (other than the States of Puducherry, Andhra Pradesh and Karnataka).

[ 1 ] II-2 Ex. (559) 2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

As large number of general public would assemble in the Beaches in the event of 'Kanum Pongal' (Uzhavar Thirunal), Public shall not be allowed in all beaches including Marina Beach on 16.01.2021 in order to prevent the spread of Covid-19.

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 all Social, Political, Entertainment, Sports, Cultural, Academic and Religious congregations is continued to be permitted in closed spaces from 01-01-2021 with a maximum of 50% of the hall capacity or with a ceiling of 200 persons. 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.

ii. Following the Standard Operating Procedures, Shooting of Films relating to Cinema industry including T.V. serial shooting in both closed and open spaces shall be permitted without any ceiling on the number of workers involved in the above work.

iii. Time restrictions imposed for the worship of Public in the religious places / places of worship shall be relaxed and Public shall be allowed for worship as per the usual timings of the religious places / places of worship following the Standard Operating Procedures.

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

Eﬀective 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.

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 purpose.

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 buﬀer zones.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3

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 oﬃcers

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 eﬀort 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 Open API Service (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 regularly 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.

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.

II-2 Ex. (559)—2 II-2 Ex. (559)—2 4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANNEXURE-I

SECTION 51 TO 60 OF THE DISASTER MANAGEMENT ACT, 2005

Oﬀences 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. 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 oﬃ cer, other than the head of the Department, such oﬃ cer 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 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. 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 oﬃ cer of the company, such director, manager, secretary or other oﬃ cer shall also, be deemed to be guilty of that oﬀence and shall be liable to be proceeded against and punished accordingly.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5

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 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 oﬃ cer authorised in this behalf, by general or special order, by such Government

60. Cognizance of oﬀence——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 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 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 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 aﬀray, 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 oﬀender 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 oﬀence deﬁ ned in this Section.