GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

LOK SABHA
UNSTARRED QUESTION NO. 470
TO BE ANSWERED ON 6th FEBRUARY, 2023 (MONDAY)/ 17 MAGHA, 1944 (SAKA)

PENSION FOR PARAMILITARY FORCES

470. Shri Asaduddin Owaisi
Will the Minister of Finance be pleased to state:

(a) whether armed forces were marked as exception to New Pension Scheme (NPS) and if so, the details thereof;

(b) whether Article 246 of the Schedule VII of the Constitution says armed forces of the Union of India include Naval, Military and Air Force and any other armed forces of the Union;

(c) if so, whether Hon. High Court of Delhi has asked the Union Government to issue orders for Old Pension Scheme to Central Armed Police Forces like CRPF, ITBP, CISF etc.;

(d) if so, whether the Government has since issued orders in this regard; and

(e) if so, the details thereof and if not, the reasons therefor?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE
(DR. BHAGWAT KARAD)

(a) to (e) As per Gazette Notification No. 5/7/2003-ECB & PR dated 22.12.2003 issued by Department of Economic Affairs, Ministry of Finance, the Government introduced a new restructured defined contribution pension scheme for new entrants to Central Government service, except the armed forces, in the first stage, replacing the existing system of defined benefit pension system. The system is mandatory for all new recruits to the Central Government service from 01.01.2004.

The Hon’ble High Court of Delhi vide order dated 11.01.2023 in WP (C) No. 12712/2021 titled Pawan Kumar & Ors of CRPF Vs Uol & Ors and other connected matters, has directed for grant of Old Pension Scheme to the personnel of para-military forces. This is a policy matter under the domain of Ministry of Home Affairs.

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No. A-12012/01/2022-Ad.II
Government of India/ Bharat Sarkar
Ministry of Home Affairs/ Grih Mantralaya

North Block, New Delhi
Dated the 17 June, 2022

OFFICE MEMORANDUM

Sub: Policy for appointment on Compassionate basis.

This Ministry has adopted a modified policy for appointment on Compassionate basis in line with the guidelines issued by DoP&T vide its OM No.43019/9/2019-Estt.(D) dated 23.08.2021. You are requested to put the same out in public domain by publishing it on MHA website in ‘WHAT’S NEW’ section and in ‘Policies and Guidelines’ in ‘Documents’ section .

Encl.: English and Hindi versions of the policy

(Vishvajeet Kumar Gupta)
Under Secretary to the Government of India

Policy for appointment on Compassionate basis in MHA(P)

The object of the Compassionate appointment Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood and relieve the family of the Government servant concerned from financial destitution and help it get over the emergency. The relevant guidelines in this regard have been laid by DoP&T vide its OM No. 14014/02/20212-Estt.(D) dated 16.01.2013.

2. DoP&T vide its OM No.43019/9/2019-Estt.(D) dated 23.08.2021 laid down additional guidelines to bring out more transparency and objectivity in the process of Compassionate appointment. To give effect to this, various measures like chalking out role of Welfare Officer, adopting a point based merit scheme for assessing applications, indexing each application with a unique ID and putting out minutes of meeting of the Screening Committee in public domain were stipulated.

3. The Welfare Officer will assist the dependent family of the deceased Government employee in getting appointment on compassionate grounds. The applicant would be called in person at the very first stage and advised in person about the requirements and formalities to be completed. A duly filled proforma by the applicant shall be used to ascertain necessary information and processing the cases of compassionate appointment.

4. The applications for compassionate appointment shall be considered by a Committee consisting of three officers – one chairman and two members – of the rank of Deputy Secretary/ Director in the Ministry. The Welfare Officer may also be made one of the members/ chairman of the Committee, depending on his rank. Recommendation of the committee shall be placed before the Competent Authority for a decision.

5. Transparency and objectivity are the foremost aspects of scheme for compassionate appointment. A holistic assessment of the financial condition of the family has to be made taking into consideration factors like presence of earning member(s), size of family, age of children and the financial needs of family.

6. The extant position regarding appointment on compassionate basis in this Ministry has been reviewed and it has been decided by the Competent Authority that to ensure utmost transparency, a point based merit scheme based on various attributes indicated in the guidelines of DoP&T should be worked out on a 100 point-scale as laid down in Annexure-I.

7. While applying point based merit scheme, as mentioned in Annexure-I, if situation arises that some candidates secure equal marks in merit and Cadre Controlling Authority is unable to decide the merit of such candidates, in such cases the tie-breaking factor can be income available per dependent i.e. total of first three financial parameters prescribed in Annexure-l (Pension annualized, total terminal benefits and annual income of earning members and income from property) divided by total number of dependents. The lesser the per dependent available income, the higher the rank amongst the applicants whose scores had a tie.

8. In case of tie even after applying the factor of per dependent available income, then the left-over service of Government servant can be considered. This is suggested as it may be implied that longer the left-over service of the deceased, the more is the impact on the family. Applicants related to Government servant with higher left-over service would be considered over the one with lesser left-over service.

9. Keeping in view the administrative requirement in processing applications for compassionate appointment, the form as in Annexure-II may be used for ascertaining necessary information which consists of three parts as under:

10. Point based merit scheme imparts the necessary objectivity, homogeneity and transparency to the scheme for appointment on compassionate grounds. Henceforth, it shall be followed strictly along with the instructions issued by DoP&T time to time, for assessing comparative merit of the applicants for compassionate appointment.

ANNEXURE-I

Relative Merit Points System For Allocation Of Points For Various Attributes of Applicant For Compassionate Appointment in MHA

Based On 100 Point Scale For Part-C of Annexure-ll

Download Policy for appointment on Compassionate basis PDF

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

CIRCULAR

Rail Bhawan is located at Central Vista which is a very sensitive/ high-security zone due to its proximity to Parliament House, Rashtrapati Bhawan, and other Secretariat buildings. Instructions have, therefore, been issued from time to time by Railway Board that officers and staff of Railway Board will have access to Rail Bhawan only on display of their Identity Cards issued by Ministry of Home Affairs (MHA) on their person which will enable the security personnel to maintain proper access control to Rail Bhawan and in distinguishing Railway Board employees from visitors.

As the above aforesaid instructions are not being followed diligently, it is reiterated that all employees of Railway Board should invariably display their Identity Cards issued by Ministry of Home Affairs (MHA) on their persons while entering Rail Bhawan as well as during the period of their stay in it. To ensure compliance with these instructions, security personnel posted in Rail Bhawan are being advised to deny entry to any officer or staff in Rail Bhawan, irrespective of designation, who do not display their identity card issued by MHA.

In the above matter, a copy of latest O.M.No.D-32018/2/2008-SSO dated 28.08.2017 issued by Ministry of Home Affairs (Secretariat of Security Organisation) is enclosed for information.

(T.Srinivas)
Director (GA)
Railway Board

No.2020/G/ IC/3
Dated: 11.02.2021

No.D-32018/2/ 2008-SSO

Government of India
Ministry of Home Affairs
(Secretariat Security Organisation)

NDDC-II Building, Jai Singh Road,
New Delhi, the 28th Aug 2017.

OFFICE MEMORANDUM

Sub: Display of Identity Cards by Government Servants while entering and during stay in Government buildings under MFIA security cover – reg.

The undersigned is directed to say that the Government buildings under MHA security cover are high-security zones, the access to which is regulated as per Central Secretariat Security Instructions, 1976. As per these instructions, Government servants are allowed access to the Government buildings only by displaying their ID cards. Ministry of Home Affairs has issued several instructions in the past emphasizing the need for the display of Identity Cards by all officers and staff working in the Government buildings to enable the security personnel to maintain proper access control and in distinguishing employees from visitors. Security personnel posted in various Government buildings have brought to the notice of this Ministry instances where some Government employees are reluctant, at times even adamant, not to show Identity Cards while entering the Government buildings. It may be appreciated that this is not desirable keeping in view the heightened threat perception to Government Buildings and other installations.

2. It is, therefore, requested that the officers and staff working in various Government buildings may be sensitized to display their identity cards on their person while entering the building as well as during their stay in it. It is also requested that in order to emphasize the importance of the issue, signage clearly mentioning ” PLEASE DISPLAY YOUR IDENTITY  CARDS  WHILE STAY IN THE BUILDING ” may be displayed at all the entries gates to the building. Simultaneously, security personnel posted in various Government buildings are being advised to deny entry to any officer or staff in the building irrespective of designation who do not display their Identity Cards issued by MHA.

S/d,
Under Secretary to the Govt. of India.

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Ministry of Education
Student attendance on the rise in KVs across the Country

15 FEB 2021

Kendriya Vidyalayas across the country have resumed face-to-face teachings for various classes as per the guidelines issued by the MHA and State Governments. KVs started opening from the month of October in a phased manner.

Latest List of Kendriya Vidyalaya Schools in India

According to the data compiled on February 11, 2021, from all the KVs, an average of 42% Students of Class 9, 65% Students of Class 10, 48% Students of Class 11, and 67% Students of Class 12 are physically attending classes all over the Country. These figures are dynamic and trends indicate a consistent increase every day. Face-to-face classes for class 1 to 8 have also been started in some KVs where State Governments have permitted to open Schools for junior grades.

Kendriya Vidyalaya Admission 2021-2022

Regular contact with the Parents and Guardians is being established by the Schools in case of any apprehension from students/ parents. Students are being permitted with the prior consent of their guardians.

CBSE exam time table 2021 for Class 10

The SOPs issued by the State and Central Governments are being followed completely in view of the Corona Pandemic. All KVs are clearly advised to follow staggered timings for the students of various classes and ensure adequate safety measures including maintenance of proper physical distance in the classrooms.

CBSE exam time table 2021 for Class 12

However, for students who are not attending the School, the provision of online classes is also running. Students are also in touch with their teachers through various digital platforms.

Source: PIB

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Ministry of Home Affairs

Year End Review 2020 Ministry of Home Affairs

Highlights of Major Decisions/ Initiatives of MHA

07 JAN 2021

INTRODUCTION

The outbreak of COVID-19 pandemic and concerns over its rapid spread to Indian shores started dominating the activities of the Union Ministry of Home Affairs (MHA) since early this year. Detail of MHA activities on COVID-19 can be seen at ANNEXURE I.

Major activities of MHA during 2020 –A summary of important developments during the year:

JAMMU & KASHMIR AND LADAKH – Further steps towards Integration of the new UTs with the Union

• Adaptation of Central Laws and State Laws in the Union Territory of Jammu & Kashmir and the Union Territory of Ladakh   
• Orders were notified for adaptation of 48 Central Laws and 167 State Laws in respect of UT of J&K
• Orders relating to adaptation of 44 Central Laws and 148 State Laws in UT of Ladakhwere also notified.
• The Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020 was notified on 31.03.2020. It removes difficulties with regard to section 75 of the Jammu and Kashmir Reorganisation Act, 2019 for administering oath to new judges appointed to the common High Court for Jammu and Kashmir and Ladakh.
• A Bench of Central Administrative Tribunal was established at Jammu on 08.06.2020.
• The Jammu and Kashmir Official Languages Act, 2020 was notified on 27.09.2020.TheAct came into force w.e.f. 29.09.2020.  Kashmiri, Dogri, Urdu, Hindi and English have now become official Languages of UT of J&K.
• The number of terrorist incidents in 2020 (Upto15^thNov) decreased by 63.93 percent as compared to the corresponding period in 2019. There was also decrease in fatalities of Special Forces Personnel by 29.11 percent and decrease in casualties of civilians by 14.28 percent in 2020 (Upto15^th Nov) as compared to the corresponding period in 2019.
• One-time financial assistance of Rs. 5.5 lakh per family provided to 36,384 displaced families from PoJK and Chhamb under Prime Minister Development Package. A one-time financial assistance at the rate of Rs.5.5 Lakh per family for the 5,764 families of West Pakistan Refugees (WPRs) in Jammu &Kashmir State is also being provided at par with displaced persons of PoJK and Chhamb.
• 4^th April: MHA issued order to make domiciles of J&K eligible for all Government posts in the UT.
• 14^th October: Union Cabinet approved a Special Package worth Rs. 520 crore in the UTs of J&K and Ladakh for a period of five years till FY 2023-24 and ensure funding of DeendayalAntyodayaYojana – National Rural Livelihoods Mission (DAY-NRLM) in the UTs of J&K and Ladakh on a demand driven basis without linking allocation with poverty ratio during this extended period.
• 21^st October: Cabinet approved extension of the Market Intervention Scheme for procurement of apples in J&K for the year 2020-21 on the same terms and condition as was done last season i.e. 2019-20.
• 26^th September: Delegation of Ladakhi veteran leaders met Union Home Minister, Shri Amit Shah in New Delhi.
• Union Home Minister assured the delegation that Government of India was committed to empower the LAHDC of Leh and Kargil and would safeguard interests of the people of the UT of Ladakh. Following the assurances, the delegation agreed to withdraw its call for the boycott of the ensuing LAHDC, Leh elections.
• District Development Council (DDC) Elections in UT of Jammu & Kashmir
• The Government of India amended the Jammu & Kashmir Panchayati Raj Act, 1989 on 16.10.2020 to set up District Development Councils (DDCs) in each district of Jammu & Kashmir. In a land mark decision for the first time ever West Pakistan’s refugees were entitled to exercise their franchise. The creation of DDCs was the last and final step in establishing a fully functional Panchayati Raj System in the Union Territory of Jammu & Kashmir as mandated under the 73^rd Constitutional Amendment, 1992.
• Reflecting Prime Minister Shri Narendra Modi’s commitment and resolve to strengthen grassroots democracy in Jammu & Kashmir, for the first time in history,DDC elections were held in the UT of J&K. The elections were held in eight phases from the last week of November tothe hird week of December.2,178 candidates contested for 280 constituencies. Out of a total 58,34,458 eligible electors, 30,00,185 cast their votes accounting for a net turnout of 51.42 percent. 
• 6^th March: CISF takes over the security of Jammu Airport Security of Srinagar Airport was handed over to the CISF on 26^th February.

NORTH-EAST: CONSOLIDATING PEACE DIVIDENDS

• There has been substantial improvement in the security situation in the North Eastern States since 2014. There has been a significant decline in insurgency incidents in last six years. The declining trend in insurgency incidents also continued in the year 2020.
• Due to improvement in security situation in last six years, Armed Forces Special Powers Act has been completely removed in Meghalaya and Tripura and its application has been reduced in Arunachal Pradesh.

• 16^th January: Signing of Historic Agreement to end the Bru-Reang Refugee Crisis
• Union Minister for Home Affairs, Shri Amit Shah presided over the signing of an agreement between Government of India, Governments of Tripura and Mizoram and Bru-Reang representatives in New Delhi on 16^th January, to end the 23-year old Bru-Reangmigrant crisis. This historic agreement was in line with Prime Minister, Shri Narendra Modi’s vision for the progress of the North East and the empowerment of the people of the region. Around 37,000 Brumigrants would be settled in Tripura and given aid from the Centre to help with their rehabilitation and all-round development, through a package of around Rs 600 crore.
• 27^th January: Bodo Agreement.
• Union Minister for Home Affairs, Shri Amit Shah presided over the signing of a historic agreement between Government of India, Government of Assam and Bodo representatives, in New Delhi on 27^th January, to end the over 50-year old Bodo crisis.
• As a result, 1,615 cadres of NDFB groups surrendered their arms and NDFB groups disbanded themselves on 9th – 10th March, 2020.
• A Special Development Package Rs. 1,500 crore over three years would be given by the Union Government to undertake specific projects for the development of Bodo areas.
• In continuation of efforts for peace in North East, 644 cadres of various outfits including ULFA/I, NDFB, KLO etc. surrendered their arms in Assam on 23.01.2020.

AMENDMENTS TO IMPORTANT LAWS

• Amendments to the Foreign Contribution (Regulation) Act, 2010
• The Foreign Contribution (Regulation) Amendment Act, 2020 was passed by Parliament in September 2020 and was notified on 28^th September, 2020.   The amendments made in the Act would help in effectively monitoring the receipt and utilization of foreign contribution received by various organizations. Government also notified amendments to the Foreign Contribution Regulation Rules, 2011 on 10^th November, 2020. 
• The Act prohibits foreign contribution for any activities that pose a danger to national interest.
• It makes Aadhaar for Indian citizens and passports or OCI for foreigners mandatory to verify identity.
• 9^th September: FCRA clearance to the Sri Harmandir Sahib.

• MHA granted registration to the Sachkhand Sri Harmandir Sahib, Sri Darbar Sahib, Punjab.
• Union Home Minister Shri Amit Shah hailed the grant of FCRA clearance to the Sri Harmandir Sahib as a path breaking and historic decision.
• Calling it “a blessed moment”, Shri Amit Shah said, in a tweet, “the Prime Minister Shri Narendra Modi ji is blessed that Wahe Guru ji has taken Seva from him. The decision on FCRA at the Sri Harmandir Sahib is a pathbreaking one which will once again showcase the outstanding spirit of service of our Sikh sisters and brothers”.
• 29^th September: Human Rights cannot be an excuse for defying the law of the land-MHA.
• Following instances of mala fide rerouting of money, the MHA suspended the FCRA license to Amnesty International.
• MHA clarified that the Amnesty was free to continue humanitarian work in India, as is being done by many other organizations. However, India, by settled law, does not allow interference in domestic political debates by entities funded by foreign donations.
• 11^th November: FRRO, Delhi given jurisdiction over matters relating to services in respect of OCI card holders residing in districts of GautamBuddh Nagar and Ghaziabad. Jurisdiction of three FRROS in Kerala clearly defined.
• So far, GautamBuddh Nagar and Ghaziabad districts of Uttar Pradesh were earlier under jurisdiction of FRRO, Lucknow.
• 24^th February: Amendments in Arms Act, 1959 and Arms Rules, 2016 notified; Increase in number of Firearms and Ammunition allowed for Shooters.
• 8^th January: Revised Guidelines for Mutual Legal Assistance in Criminal Matters.
• In furtherance to Government of India’s policy of zero tolerance for crime and in an endeavour to fast track the dispensation of justice, the MHA issued Revised Guidelines for Mutual Legal Assistance in Criminal Matters in December 2019.
• India has entered into Mutual Legal Assistance Treaties/ Agreements with 42 countries and is signatory to various international conventions i.e. UNCAC, UNTOC etc..
• The revised guidelines incorporate substantial changes in International Cooperation based on new legislations, regulations & conventions and amendment in procedural laws all over the world including India.
• 19^th March: Modi government took important step to encourage NCC Certificate holders to join Paramilitary Forces.
• In order to achieve Prime Minister Shri Narendra Modi’s vision to increase participation of India’s youth in National Cadet Corps (NCC), the Union Minister for Home Affairs, Shri Amit Shah took an unprecedented decision to give NCC Certificate holders Bonus Marks in direct entry examinations for in the Central Armed Police Forces (CAPFs), as prevalent in Armed forces examinations.

INDIVIDUALS NAMED UNDER UAPA ACT – Tightening the noose

• 1^st July: MHA declared nine individuals linked to Sikh terrorist groups as designated terrorists under UAPA.
• 27^th October: Eighteen more individuals, all Pakistan based, declared as terrorists under the Unlawful Activities (Prevention) Act, 1967.

NEW INITIATIVES OF MHA – Enabling safe & secure India

• 10^th January: Home Minister Shri Amit Shah inaugurated Indian Cyber Crime Coordination Centre (I4C) in New Delhi; dedicated National Cyber Crime Reporting Portal.
• The scheme to setup I4C was approved in October 2018 at an estimated cost of Rs. 415.86 crore, to deal with all types of cybercrimes in a comprehensive and coordinated manner.
• At the initiative of the MHA, 15 States and UTs have given their consent to set up Regional Cyber Crime Coordination Centres at respective States/UTs.
• 29^th January: NCRB launched two online national level services related to Search of Missing Persons and to generate Vehicle NOC.
• 1^st March: Union Home MinisterShri Amit Shah inaugurated the campus of NSG Regional Hub at Kolkata.
• The state-of-the-art regional hub complex at Kolkata, worth over Rs.162 crore, became a model regional hub of the NSG. Area of responsibility of this hub comprises West Bengal, Bihar, Jharkhand & the entire North East.
• 2^nd December: Union Home Minister Shri Amit Shah addressed inaugural session of 55^th Annual DGsP/IGsP Conference; First such conference organized in virtual mode.
• In his inaugural address, Home Minister emphasised that there should be zero tolerance against terrorism. While stressing upon the need to ensure safety and dignity of citizens, he underlined the importance of capacity building of Police to deal with emergency situations and disasters.
• The Prime Minister Shri Narendra Modi later joined the Conference virtually and reviewed the action points of the previous Conference.
• 4^th March: MHA approved implementation of Automated Facial Recognition System by NCRB, will facilitate better identification of criminals, unidentified dead bodies and missing/found children and persons.

• AFRS will use police records and will be accessible only to Law Enforcement Agencies.
• To facilitate better identification of criminals, unidentified dead bodies and missing/found children and persons. It will not violate privacy.
• 12^th March: NCRB launched Crime Multi Agency Centre(Cri-MAC)  and National Cybercrime Training Centre(NCTC).

• Cri-MAC to enable sharing of information on heinous crime and other issues related to inter-state coordination; NCTC to impart professional quality eLearning services on cybercrime investigation on large scale to police officers, judges, prosecutors and other stakeholders.
• 13^th October: Inauguration of NCRB’s eCyber Lab.

• The eCyber Lab, set up by NCRB with state-of-the-art cyber forensic tools, will provide virtual experience in investigation of cyber crimes.
• The Prime Minister, Shri Narendra Modi’s Government believes in zero tolerance in crime and terror. Under the leadership of Union Home Minister, Shri Amit Shah Govt. aim is to create Crime Free India.
• Union Home Minister, Shri Amit Shah has emphasized on importance of Modernization of Police Forces (MPF). During the financial year 2019-20, the Government of India released Rs. 780 crore towards MPF across India.
• 15^th December: 2^nd Conference on ‘Good Practices in CCTNS & ICJS.
• Criminal Tracking Network & Systems (CCTNS)/ Interoperable Criminal Justice System (ICJS), the two key modernization programmes of the MHA, have led to effective law enforcement and proved to be force multipliers.
• CCTNS is a Mission mode project with a budget of about Rs. 2000 crore, that has revolutionized investigation and policing with its massive reach and connectivity. It has managed to connect the police stations and other offices, even in the most far-flung areas.
• Out of a total of 16,098 Police Stations in the country, CCTNS Software is being used in over 95 percent Police Stations; connectivity available at 97% Police Stations and 93% Police Stations now entering 100 percent FIRs through CCTNS.
• ICJS takes data sharing to a higher level and ensures a single source of truth between law enforcement and judicial systems, thus improving the operational efficiency of the criminal justice system. ICJS components such as eForensics, eProsecutions&ePrisons, have all been expanded manifold and many more databases integrated with the System.
• CCTNS data is being consumed electronically in courts in 28 States/UTs and in prisons in 32 States/UTs. Reverse transfer of court data into CCTNS has also started in 9 States/UTs.
• Under the Prime Minister’s vision of SMART Policing, a new vision has emerged of maintaining law and order with focus on accountability, transparency, community-based strategies and efficiency.

SAFE CITY PROJECT – towards safe ecosystem for citizens, especially women

• Safe City Projects sanctioned in Phase I in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and Mumbai).
• The Safe City projects to supplement existing assets and meet citizen demands for safe ecosystem for women in these cities.
• Safe City Projects, using technology to aid Smart Policing and safety management, are comprehensive and integrated projects developed by the Police and Municipal Corporations of the city, in keeping with the demands of their women residents and to plug any gaps in existing infrastructure.
• A total of Rs.1,220 crore disbursed to States/ UTs.

DELHI RIOTS – Home Minister steps in

• 25^th February: Union Home Minister Shri Amit Shah chaired meeting with Political Parties and Senior Officials on issue of violence in Delhi.
• Shri Amit Shah urged political parties to avoid provocative speeches and statements which could flare up the communal violence. He noted that the professional assessment is that the violence in the capital has been spontaneous. The Union Home Minister directed deployment of additional forces in affected areas.
• 27^th February: Union Home Minister took stock of the prevailing Law and Order situation in Delhi.
• 12^th March: Shri Shah responded to a discussion on the recent Law and Order Situation in some parts of Delhi in Rajya Sabha.
• Expressing grief over loss of life and property in Delhi violence, in the Rajya Sabha, the Union Home Minister reassured the Nation that Modi Government is committed to bring the perpetrators to justice regardless of their religion, caste, creed or political affiliation.
• Shri Amit Shah emphasized that no culprit would be pardoned and the punishment would instil fear of law in the hearts of perpetrators of violence in the future.
• He said that all the loss of property during the riots would be recovered from those responsible for it.
• He informed the House that many social media accounts were created a day before the beginning of the riots and were shut down once the riots ended. He resolved to bring all those who instigated riots on social media to justice.
• Shri Shah said that vested interests are misguiding and instilling a fear in Indian Muslims that CAA would take away their citizenship. The hate speeches delivered in the last two months were the main reason behind anti-CAA protests culminating into Delhi riots.
• The Home Minister also reassured the people that no document would be demanded during NPR exercise and that nobody will be classified as doubtful on citizenship grounds, on the basis of NPR.
• The Home Minister requested all political parties to rise above politics and allay all fears from the minds of common people in this regard.

BORDER AREA DEVELOPMENT –SeemantVikasotsav: A unique platform to expedite development in border areas and sensitize local population about their role in National Security

• The border population plays significant role in the overall security of the border areas of the country. They function as ‘Eyes and Ears’ of the nation especially the security forces. The border population is actually a force multiplier for the security forces. Border community and their representatives are vital tools for surveillance on the border, as they identify and report movement of any suspects/ strangers/suspicious objects. 
• On the initiative of the Prime Minister, Shri Narendra Modi, a “SimantKshetra Vikasotsav-2020” was held in Dhordo Village, Kutch (Gujarat) on November 12, 2020, as a unique platform to sensitize the border population about their role in national security and development works initiated by the Government of India to provide critical infrastructure and ensuring sustainable living for them.

• Union Home Minister, Shri Amit Shah inaugurated the programme. Village heads, members of district and taluk panchayats of 158 border villages from three border districts of Gujarat, namely Kutch, Banaskantha and Patan districts sharing borders with Pakistan, attended the programme.
• The Union Home Minister, speaking at the SeemantVikasUtsav – 2020 said its aim is to bring good governance and development to border areas.
• He said citizens living in border villages should get the same facility as citizens living in the cities. Along with this, the aim of the SeemantVikasUtsav is to sensitize the population of these areas to the importance of national security and share the sensitivity of the security aspect and strategic importance of border areas.

CAPF’S COMMITMENT TO MAKE INDIA AATMANIRBHAR-Promotion of Swadeshi:

• Prime Minister, Shri Narendra Modi, on 12^th May made an appeal to make India Aatmanirbhar, self-reliant, and use products made in India.
• Union Home Minister Shri Amit Shah described this appeal as a guiding light to make India the Global Leader in future.
• In this direction, the MHA decided that all the Central Armed Police Forces canteens and stores across the country would now sell only indigenous products, from 1^st June, 2020.
• Kendriya Police KalyanBhandar- KPKB  (earlier known as Central Police Canteen) were directed to sell Swadeshi Goods only w.e.f. 01.06.2020. KPKB have also entered into an agreement with Khadi and Village Industries Commission (KVIC) to sell their products through Bhandars. 
• CAPFs are also making efforts to procure KVIC products to meet their requirement of clothing and edible items.  This will provide boost to Khadi and Village Industries thereby generating large scale employment.
• The total purchase value would be around Rs. 2,800 crore.
• With this decision, 50 lakh family members of about 10 lakh CAPF personnel would use indigenous products.

TREE PLANTATION DRIVE by CAPFs (Central Armed Police Forces)

• 25^th January 2020: Union Home Minister, Shri Amit Shah desired that Central Armed Police Forces (CAPFs) i.e. Border Security Force (BSF), Central Reserve Police Force (CRPF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police Force (ITBP), SashastraSeema Bal (SSB), National Security Guard (NSG) and Assam Rifles (ARs) should undertake a “Plantation Drive-2020” during the monsoon season and plan to plant at least one crore saplings. The trees to be planted would be of indigenous varieties having long life as well as health benefits. The life span of these trees would range from 10 to 100 years. Accordingly, CAPFs pledged to undertake a massive Plantation Drive-2020, during the monsoon season.

• 12^th July: Union Home Minister launched the nationwide tree plantation drive of the CAPFs.
• Union Home Minister planted a sapling of the ‘Peepul’ tree at the CRPF Campus in Gurugram on 12^th July to mark launch of the CAPFs nationwide tree plantation drive.

• Shri Amit Shah lauded the CAPF Jawans for undertaking this massive campaign since February, 2020 to plant more than 1.37 crore saplings of long-lasting trees across the country besides ensuring security and contributing in the nation’s battle against the COVID-19 pandemic.
• Shri Amit Shah, quoting from an ancient Hindu text, said a tree is worth more than ten sons:

दशकूपसमावापी, दशवापीसमोह्रदः।

दशह्रदसमोपुत्रो, दशपुत्रसमोद्रुमः।।

[A pond is equal to 10 wells, a lake equal to ten ponds;

One son is worth ten lakes and one tree is worth ten sons]

• Varieties of saplings chosen in this plantation drive such as peepal, jamun, neem, vatavriksh, burgud based on their oxygen giving capability and ability to survive in different seasons; as far as possible local species being planted and at least half of the total plantation constituting of long lasting trees with a lifecycle of 100 years or more; medicinal and environment friendly trees preferred.
• By 30^th November 2020, 1.47 crore saplings were planted across 27 States and 7 Union Territories at 1,216 locations of these Forces. The details of the saplings planted by these forces are as under:-

• 23^rd July: Union Home Minister launched Tree Plantation Campaign-2020 of the Coal Ministry
• Shri Amit Shah launched the Tree Plantation Campaign “VriksharopanAbhiyan” of the Ministry of Coal in the presence of Union Minister of Coal, Mines and Parliamentary Affairs, Shri Pralhad Joshi in New Delhi.
• Union Home Minister inaugurated and laid Foundation stone of 6 Ecoparks /Tourism sites.
• Tree plantation campaign conducted at more than 130 locations spread in 38 Districts of 10 coal /lignite bearing States through Video Conferencing.

NEW UNIVERSITIES – National Forensic Sciences University and the RashtriyaRaksha University (RRU)

• The Government of India set up a National Forensic Sciences University recognizing the increasing need for high quality manpower in the field of Forensic Sciences necessary for improving criminal investigations The University, which is an Institution of National Importance commenced its operations on October 1, 2020.
• The Government of India also set up a National Police University with the name of RashtriyaRaksha University (RRU) recognizing the increasing need for high quality trained manpower in various wings of policing, criminal justice and correctional administration.
• The University, which is an Institution of National Importance, commenced its operations on October 1, 2020.

DISASTER MANAGEMENT – Proper planning & swift aid

CYCLONE AMPHAN:   

• 18^th May: Prime Minister Shri Narendra Modi reviewed preparedness. Union Minister for Home Affairs, Shri Amit Shah was present, along with senior officers of Government of India and officers of IMD, NDMA and NDRF.
• Prime Minister directed that all necessary measures be taken to complete evacuation of people from areas in cyclone path and maintain adequate quantities of essential supplies.
• The Extremely Sever Cyclonic Strom struck the Indian coast affecting the States of West Bengal and Odisha on 20^thMay 2020. It crossed West Bengal and Bangladesh, with the speed of 155-165 Km/ hour gusting to 185km/hrs across the Sunderbans.From the formation of the low pressure area, the situation was monitored at the highest level on 24×7 basis. MHA also provided all necessary financial and logistical support including deployment of NDRF and Defence Forces. With the concerted efforts of the MHA, in close coordination with the State Governments, Ministry of Defence, NDRF and other Central Ministries/Department loss of human lives was substantially minimized.
• Prime Minister, Shri Narendra Modi also undertook an aerial survey of the cyclone affected districts of West Bengal and Odisha and announced a financial assistance of Rs. 1,000 crore for West Bengal and Rs 500 crore to Odisha, for immediate relief activities. He also announced an ex-gratia of Rs. twolakh to the next of kin of the deceased and Rs. 50,000 to the seriously injured in the cyclone in the States
• Based on damage assessment report, an amount of Rs.1,250.28 crore was released in addition to the already released financial assistance of Rs 1,000 crore to the State of West Bengal, from the National Disaster Relief Fund (NDRF) for meeting the expenditure towards relief operations.

 CYCLONE NISARG & CYCLONE NIVAR

• On 03.06.2020, the Severe Cyclonic Storm “NISARGA” crossed Maharashtra coast close to south of Alibagh with a wind speed of 100-110 kmph gusting to 120 kmph.
• Cyclone NIVAR cross Tamil Nadu and Puducherry coasts between Karaikal and Mamallapuram around Puducherry during intervening night of 25^th&26^th November, 2020 with a wind speed of 120-130 kmph gusting to 145 kmph.
• Since the beginning of the formation of low pressure area, the situation was monitored at the highest level on 24×7 basis. All logistical support has been provided and deployed manpower and resources of NDRF, Armed Forces in the States affected by Cyclone.
• Based on damage assessment report, an amount of Rs. 268.59 crore was released to the State of Maharashtra from NDRF for Cyclone Nisarg. 
• Central Government has constituted Inter Ministerial Central Teams (IMCT) to assess the damage caused due to effect of this cyclone in the State Govt. of Tamil Nadu, Andhra Pradesh and UT of Puducherry.
• Release of funds from the State Disaster Risk Management Fund(SDRMF)/State Disaster Relief Fund(SDRF) & National disaster Relief Fund(NDRF)
• For the year 2020-21, the allocation of SDRMF/SDRF is Rs.28,983.00 crore out of which Rs.22,184.00 is Central Share and Rs.6,799.00 is share of State Governments. During the year 2020-21(up to 30/11/2020) an amount of Rs.11,170.425 crore of 1^st  instalment has been released, as Central share of SDRMF to 28 States. Besides, the 2^nd instalment of Central Share of SDRMF for the year 2020-21, amounting to Rs.5,423.50 crore has been released, to the 10 States. In addition to this, financial assistance of Rs.4,406.81 crore has been released from NDRF to the 10 States.

ZONAL COUNCILS &Island Development Agency (IDA) – Promoting amicable federal structure

• 28^th January: Union Home Minister chaired the 22^nd Meeting of the Central Zonal Council held at Naya Raipur, Chhattisgarh.
• During the meeting, the Home Minister stressed on the need of regular meetings of the Zonal Councils.
• Shri Shah exhorted the members to expeditiously resolve the issues relating to forest clearance and provide brick-&-mortar banking facility within 5 kms radius in each village – particularly in Naxal areas.
• He called upon the States to adhere to the timeline of 2 months for completion of investigation of offences under POCSO Act.
• The Home Minister reminded the States to send suggestions for comprehensive amendments of CrPC and IPC, for which he had already written to all the Chief Ministers.
• Shri Amit Shah further called for prompt payment to farmers and assured the States in the region that their issues relating to procurement of grains and their disposal would be resolved quickly and informed that a high level committee was already seized of the matter.
• 28^th February: Shri Amit Shah chaired 24^th Meeting of Eastern Zonal Council at Bhubaneswar.
• The Home Minister expressed satisfaction at usefulness of Zonal Council mechanism and informed that more than 70 percent issues have been resolved based on the recent meetings of the Zonal Councils and remaining issues are also under resolution.
• 13^th January: Shri Amit Shah chaired meeting of Island Development Agency focusing on ‘Green Development in the Islands to reach a new Height’.
• For the first time in the country, under the guidance of IDA, an initiative of sustainable development in the identified Islands within scientifically-assessed carrying capacity was taken-up.

UNION TERRITORIES

• The Government has envisaged that the Union Territories (UTs) must have the highest standards of living, citizen services and infrastructure, and that they should become models of good governance and development for the rest of the country to follow. Following the announcement of the AtmaNirbhar Bharat Abhiyan, all efforts are being made to ensure an effective and outcome-oriented implementation of development Programmes of the Government of India.
• To develop the maritime economy, while preserving the natural ecosystem and also addressing the security concerns of the islands, key infrastructure tourism projects have been planned and being implemented with participation of the private sector and support of the local islanders in Andaman & Nicobar Islands and Lakshadweep.
• All segment of the CANI (Chennai and Andaman & Nicobar Islands) Submarine Optical Fibre Cable project connecting Mainland to Port Blair and further to SwarajDweep, Little Andaman, Car Nicobar, Kamorta, Great Nicobar, Long Island and Rangat, were commissioned. This High Speed Broadband connectivity project will enable delivery of fast and more reliable mobile and land telecom service at par with mainland India. The CANI project will be a game changer for the islanders and boost ease of living and e-Governance in the Islands, apart from giving impetus to the economy and raise standard of living of the Islanders.

Also check: YEAR END REVIEW 2020, DEPARTMENT OF POSTS

Check: ANNEXURE I

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F.No.32015/57/2020 -SSO (PC)
Govt. of India
Ministry of Home Affairs
(Pass Cell)

North Block, New Delhi
Dated 3rd December, 2020

OFFICE MEMORANDUM

Subject: Issue of MHA validation cards for the year 2021 – reg.

Ministry of Home Affairs is issuing Validation cards to the officers /employees of the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies etc. on yearly basis, who are having their Departmental Identity Cards/ Photo Passes and required to visit the Government Buildings for official purpose under the security zone controlled by the Ministry of Home Affairs. Keeping in view of the validity period of validation card-2020, the online module of validation card has been modified in such a way that the online application applied w.e.f. 1st December, 2020 will have a reference no. for validation card-2021. These applications can be submitted in the MHA, Pass Cell through respective sponsoring authorities w.e.f. 16.12.2020. However, validation cards-2021 will be issued w.e.f. 01.01.2021.

2. All Ministries/ Departments/ Resident Commissioners of State Governments are requested to:

• (a) Circulate this Office Memorandum to their attached/ subordinate offices/ PSUs/ Autonomous Bodies etc. for wide publicity,
• (b) Provide the name, designation, official telephone number and specimen signature of the sponsoring authority to MHA, Pass Cell for the purpose of issue of photo passes/ validation card. In case of transfer of such authorized signatory, name, designation, official telephone number and specimen signature of new authorized signatory may please be provided to the MHA, Pass Cell,
• (c) Submit Form ‘D’ for issuance of validation cards in respect of the Government official having their own Departmental Identity Cards/Photo Passes,
• (d) The requisitions for an identity card/validation card should be forwarded to Ministry of Home Affairs through their sponsoring authority i.e, Administrative Ministry. In the case of State Governments, the requisitions should be signed by the Chief Secretary to the State government/ Union Territory Administration or by any other officer specifically authorized in this behalf by the Chief Secretary. In the case of the State Government’s staff posted in Delhi, it may be signed by the Head of the State Government’s Liaison Office in Delhi.

(C.S. Thakur)
Under Secretary to the Govt. of India

Source: MHA

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No. 40-3/2020-DM-l(A)
Government of India
Ministry of Home Affairs

North Block, New Delhi-110001
Dated 29th July, 2020

ORDER

Whereas, an Order of even number dated 29.06.2020 was issued for containment of COVID-19 in the country, for a period upto 31.07.2020;

Whereas, in exercise of the powers under section 6(2)(i) of the Disaster Management Act, 2005, National Disaster Management Authority (NDMA) has directed the undersigned to issue an order to re-open more activities in areas outside the Containment Zones and to extend the lockdown in Containment Zones upto 31.08.2020;

Now therefore, in exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act 2005, the undersigned hereby directs that guidelines on Unlock 3, as annexed, will be in force upto 31.08.2020.

Union Home Secretary
and, Chairman, National Executive Committee (NEC)

Guidelines for Phased Re-opening (Unlock 3)

[As per Ministry of Home Affairs (MHA) Order No. 40-3/2020 -DM-I (A) dated 29th July, 2020]

1. Activities permitted during Unlock 3 period outside the Containment Zones

In areas outside the Containment Zones, all activities will be permitted, except the following:

• Schools, colleges, educational and coaching institutions will remain closed till 31st August, Online/ distance learning shall continue to be permitted and shall be encouraged.
• Cinema halls, swimming pools, entertainment parks, theatres, bars, auditoriums, assembly halls and similar places.

Yoga institutes and gymnasiums will be allowed to function from 5th August 2020 for which, Standard Operating Procedure (SOP) will be issued by the Ministry of Health & Family Welfare (MoHFW).

• International air travel of passengers, except as permitted by
• Metro
• Social/ political/ sports/ entertainment/ academic/ cultural/ religious functions and other large

Dates for re-starting the above activities may be decided separately and necessary SOPs shall be issued for ensuring social distancing and to contain the spread of COVID-19.

2. Independence day functions

Independence day functions at National, State, District, Sub-Division, Municipal and Panchayat levels and ‘At Home’ functions, wherever held, will be allowed with social distancing and by following other health protocols e.g. wearing of masks. In this regard instructions issued vide MHA letter no 2/5/2020-Public dated 21.07.2020 shall be followed

3. National Directives for COVID-19 Management

National Directives for COVID-19 Management, as specified in Annexure I, shall continue to be followed throughout the country.

4. Lockdown limited to Containment Zones

• Lockdown shall continue to remain in force in the Containment Zones till 31st August,
• Containment Zones will be demarcated by the District authorities after taking into consideration the guidelines of MoHFW with the objective of effectively breaking the chain of transmission. These Containment Zones will be notified on the websites by the respective District Collectors and by the States/ UTs and information will be shared with MOHFW.
• In the Containment Zones, only essential activities will be 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 MoHFW shall be effectively implemented for the above purpose.
• Activities in the Containment Zones shall be monitored strictly by the State/ UT authorities, and the guidelines relating to containment measures in these zones shall be strictly
• States/ UTs may also identify Buffer Zones outside the Containment Zones, where new cases are more likely to Within the buffer zones, restrictions as considered necessary may be put in place by the District authorities.

5. States/ UTs, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions as deemed necessary.

However, there shall be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treaties with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements

6. Movement of persons with SOPs

Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

7. 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.

8. Use of Aarogya Setu

• Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.
• With a view to ensuring safety in offices and work places, employers on best effort basis should ensure that Aarogya Setu is installed by all employees having compatible mobil
• District authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the This will facilitate timely provision of medical attention to those individuals who are at risk.

9. Strict enforcement of the guidelines

(i) State/ UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005, in any

(ii) All the District Magistrates shall strictly enforce the above measures.

10. 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 Sectionl 88 of the IPC, and other legal provisions as applicable. Extracts of these penal provisions are at Annexure II.

National Directives for COVID-19 Management

Annexure I

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 (2 gaz ki doori) in public places
   
   Shops will ensure physical distancing among customers.
   
3. Gatherings: Large public gatherings/ congregations continue to remam Marriage related gatherings : Number of guests not to exceed 50. Funeral/ last rites related gatherings : Number of persons not to exceed 20.
4. Spitting in public places will be punishable with fine, as may be prescribed by the State/ UT local authority in accordance with its laws, rules or
5. Consumption of liquor, paan, gutka, tobacco in public places is prohibited.
   
   Additional directives for Work Place
   
6. Work from home (WfH): As far as possible the practice of WfH should be followed
7. Staggering of work/ business hours will be followed in offices, work places, shops, markets and industrial & commercial establishment.
8. Screening & hygiene: Provision for thermal scanning, hand wash or sanitizer will be made at all entry points and of hand wash or sanitizer at exit points and common area.
9. Frequent sanitization of entire workplace, common facilities and all points which come into human contact g. door handles etc., will be ensured, including between shifts.
10. Social distancing: All persons in charge of work places will adequate distance between workers, adequate gaps between staggering the lunch breaks of staff, etc.

Annexure II Offences and Penalties for Violation of Lockdown Measures

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

51. Punishment for obstruction, -Whoever, without reasonable cause –

• 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
• 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 -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.

• Punishment for misappropriation of money or materials, ­ 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.
• Punishment for false -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.
• Offences by Departments of the –(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.

• 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.
• Penalty for contravention of any order regarding requisitioning .­ Ifany 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.
• Offence by -(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.

• 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-

• “company” means anybody corporate and includes a firm or other association of individuals; and
• “director”, in relation to a finn, means a partner in the

Previous sanction for – 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.

Cognizance of offences. No court shall take cognizance of an offence under this Act except on a complaint made by-

• 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
• 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 authorised as

B. Section 188 in the Indian Panel 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 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 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.

Source: MHA

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Outsourced staff who are staying at home for COVID-19 prevention lockdown shall be treated as ‘on duty’ during such absence with provide the necessary pay

F.No. 23(4)/E.Coord /2020/1
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 20th May, 2020

OFFICE MEMORANDUM

Subject: Payment of Wages to Outsourced Persons of Ministries/ Departments and other organizations of Government of India during lockdown period due to COVID-19.

As a measure to avoid undue hardship during lockdown period to the contractual, casual and outsource staff of Ministries/ Departments and other organizations of Government of India, instructions were issued by Department of Expenditure [DoE] vide OM of even no. dated 23/03/2020 that any contractual, casual and outsource staff, who are required to stay at home in view of the lockdown order regarding COVID-19 prevention, shall be treated as “on duty’ during such period of absence and necessary pay/wages would be paid accordingly.

Also check: Government servants who have underlying conditions were undergoing treatment before lockdown, may be exempted from roster duty

2. These instructions also applies to all the Attached/Subordinate Office, Autonomous/ Statutory Bodies of Government of India and was valid upto 30th April, 2020.

3. The lockdown period has since been extended from time to time and as per MHA’s order dated 17/05/2020 the lockdown measures to contain the spread of COVID-19 have been extended upto 31.05.2020. Accordingly, the validity of DoE’s instructions issued vide OM dated 23/03/2020 is hereby extended till 31st May, 2020.

Also read: PIL Filed for Central Government Employees Freezing DA in Supreme Court

(Annie G. Mathew)
Additional Secretary to Government of India

To:
All the Ministries and Departments of Government of India

Source: DoE

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North Block, New Delhi-110001
Dated 17th May, 2020

ORDER

Whereas, the National Disaster Management Authority (NOMA) in exercise of their powers under section 6(2)(i) of the Disaster Management Act, 2005, vide their Orders dated 24.03.2020 , 14.04.2020 and 01.05.2020 had directed the National Executive Committee (NEC) to take lockdown measures so as to contain the spread of COVID-19 in the country;

Whereas, Chairperson NEC, in exercise of the powers conferred under Section 10(2)(1) of the Disaster Management Act, 2005, has issued Orders of even number on lockdown  measures  dated  24.03.2020 , 29.03.2020 , 14.04.2020, 15.04.2020  and 01.05.2020;

Whereas, save as otherwise provided in the guidelines annexed to this Order, all Orders issued by NEC under Section 10(2)(1) of the Disaster Management Act, 2005, shall cease to have effect from 18.05.2020;

Whereas, in exercise of the powers under section 6(2)(i)  of the Disaster Management Act, 2005 , NOMA has issued an Order number 1-29/2020 – PP dated 17.05.2020 directing the Chairperson, NEC that lockdown measures to contain the spread of COVID-19 be continued to be implemented in all parts of the Country, for a further period upto 31.05.2020;

Also read: DoPT – Central Government Employees with an option for work from home for 15 days per year

Now therefore, under directions of the aforesaid Order of NDMA dated 17.05.2020, and in exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, NEC, hereby issues directions for strict implementation , to all the Ministries/ Departments of Government of India, State/Union Territory Governments and State/ Union Territory Authorities that lockdown measures to contain the spread of COVID-19 will continue for a period of upto 31.05.2020, as per the guidelines annexed to this Order, which will come into effect from 18.05.2020.

Sd/-
Union Home Secretary

Guidelines on the measures to be taken by Ministries/ Departments of Government of India, State/ UT Governments and State / UT Authorities for containment of COVID-19 in the country upto 31st May, 2020.

[As per Ministry of Home Affairs (MHA) Order No. 40-3/2020-DM-1 (A) dated 17th May, 2020]

1.   Lockdown shall continue to remain in force upto 31st May, 2020.

2. The following activities shall continue to remain prohibited throughout the country :

Also check: AIRF Letter to Finance Minister – Consider granting of DA & DR

i. All domestic and international air travel of passengers, except for domestic medical services, domestic air ambulance and for security purposes or purposes as permitted by MHA.

ii.   Metro rail services .

iii.  Schools, colleges, educational/ training/ coaching institutions etc. will remain closed. Online/ distance learning shall continue to be permitted and shall be encouraged.

iv.  Hotels, restaurants and other hospitality services, except those meant for housing health/ police/ Government officials/ healthcare workers/ stranded persons including tourists and for quarantine facilities; and running of canteens at bus depots, railway stations and airports. Restaurants shall be permitted to operate kitchens for home delivery of food items.

v. All cinema halls, shopping malls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places . Sports complexes and stadia will be permitted to open; however, spectators will not be allowed.

vi. All social/ political/ sports/ entertainment/ academic/ cultural/ religious functions/ other gatherings and large congregations .

vii. All religious places/ places of worship shall be closed for public. Religious congregations are strictly prohibited.

3.  The following activities shall be permitted with restrictions, except in the Containment Zones:

i. Inter-State movement of passenger vehicles and buses, with mutual consent of the State(s)/ UT(s) involved.

ii. Intra-State movement of passenger vehicles and buses, as decided by the States and UTs.

iii. Standard     Operating Procedures    (SOPs) for  movement of persons,  as mentioned in Annexure I, shall continue to operate.

4.   National Directives for COVID-19 Management

National Directives for COVID 19 Management, as specified in Annexure II, shall be followed throughout the country.

5.   Containment, Buffer, Red, Green and Orange Zones

i. The delineation of Red, Green and Orange Zones will be decided by the respective State and UT Governments, after taking into consideration the parameters shared by Ministry of Health & Family Welfare (MoHFW), Government of India (Got).

ii.  Within the Red and Orange Zones, Containment Zones and Buffer Zones will be demarcated by the District authorities, after taking into consideration the guidelines of MoHFW.

iii. In the Containment Zones, only essential activities shall 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. Guidelines of MoHFW shall be taken into consideration for the above purpose.

iv. In the Containment Zones, there shall be intensive contact tracing, house-to­ house surveillance, and other clinical interventions, as required.

6.  Night curfew

The movement of individuals shall remain strictly prohibited between 7.00 pm to 7.00 am, except for essential activities. Local authorities shall issue orders, in the entire area of their jurisdiction, under appropriate provisions of law, such as prohibitory orders [Curfew] under Section 144 of CrPC, and ensure strict compliance.

7. Protection of vulnerable persons

Persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, shall stay at home, except for essential and health purposes.

8. All other activities will be permitted, except those which are specifically prohibited.

However, in Containment Zones, only essential activities shall be allowed, as mentioned in para 5(iii) above.

Further, States/ UTs, based on their assessment of  the situation, may prohibit certain other activities in the various zones, or impose such restrictions as deemed necessary.

9. Use of Aarogya Setu

i. Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

ii. With a view to ensuring safety in offices and work places, employers on best effort basis should ensure that Aarogya Setu is installed by all employees having compatible mobile phones.

iii. 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.

10.   Special directions to ensure movement of persons and goods in certain cases

i. All States/ UTs shall allow inter-State and intra-State movement of medical professionals, nurses and para medical staff, sanitation personnel and ambulances, without any restriction.

ii. All States/ UTs shall allow inter-State movement of all types of goods/ cargo, including empty trucks.

iii. No State/ UT shall stop the movement of any type of goods/ cargo for cross land-border trade under Treaties with neighbouring countries.

11. Strict enforcement of the guidelines

i.      State/ UT Governments  shall not dilute these guidelines issued under the Disaster Management Act, 2005 , in any manner.

ii.  All the District Magistrates shall strictly enforce the above measures.

iii. In order to implement these measures, the District Magistrates will deploy Executive Magistrates as Incident Commanders in the respective local jurisdictions . The Incident Commander will be responsible for the overall implementation of these measures in their respective jurisdictions.

12.  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 Sec. 188 of the IPC, and other legal provisions as applicable. Extracts of these penal provisions are at Annex III.

Sd/-
Union Home Secretary

Standard Operating Procedures (SOPs) issued by MHA

i. SOP on transit arrangement for foreign national(s) in India issued vide Order dated April 02, 2020.

ii. SOP on movement of stranded labour within States/ UTs, issued vide Order dated April 19, 2020.

iii. SOP on sign-on and sign-off of Indian seafarers, issued vide Order dated April 21, 2020 .

iv. SOP on movement of stranded migrant workers , pilgrims , tourists, students and other persons, issued vide Order dated April 29, 2020 and Order dated May 01, 2020.

v.  SOP on movement of Indian Nationals stranded outside the country and of specified persons to travel abroad, issued vide Order dated May 5, 2020.

vi. SOP on movement of persons by train, issued vide Order dated May 11, 2020.

Annexure II

National Directives for COVID 19 Management

i. Wearing of face cover is compulsory in all public and work places.

ii. Spitting in public & work places shall be punishable with fine, as may be prescribed in accordance with its laws, rules or regulations by the State/ UT local authority.

iii. Social distancing shall be followed by all persons in public places and in transport.

iv. Marriage related gathering shall ensure social distancing , and the maximum number of guests allowed shall not be more than 50.

v.  Funeral/ last rites related gathering shall ensure social distancing, and the maximum numbers allowed shall not be more than 20.

vi.  Consumption of liquor , paan, gutka, tobacco etc. in public places is not allowed.

vii. Shops will ensure minimum six feet distance (2 gaz ki doon) among customers and shall not allow more than 5 persons at the shop.

Additional  directives for Work Places

viii. As far as possible, the practice of work from home should be followed.

ix. Staggering of work/ business hours shall be followed in offices, work places, shops, markets and industrial & commercial establishments .

x. Provision for thermal scanning, hand wash and sanitizer will be made at all entry and exit points and common areas.

xi. Frequent sanitization of entire workplace , common facilities and all points which come into human contact e.g. door handles etc., shall be ensured, including between shifts.

xii. All persons in charge of work places shall ensure social distancing through adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.

Download MHA Order

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• Passenger services on Indian Railways shall be partially restored w.e.f. from 12th May 2020 in a graded manner
• Fifteen pair of special trains (thirty trains) shall be operated
• These services shall be in addition to the Shramik specials
• Special trains which have been started presently, will have only Air conditioned classes i.e. First, Second & Third AC
• Only online E-Ticketing will be done through IRCTC website
• Maximum Advance Reservation Period (ARP) will be of maximum 7 days
• Passengers are encouraged to carry their own food and drinking water
• The passengers shall reach the station at-least 90 minutes in advance to facilitate thermal screening at the station
• No Linen, blankets and curtains shall be provided inside the train. Passengers are advised to carry their own linen
• For movement of the passenger(s) as well as the driver of the vehicle transporting the passenger(s) to and fro the Railway Station shall be allowed on the basis of the confirmed e-ticket

11 MAY 2020

Ministry of Railways (MoR) in consultation with ministry of Health & Family welfare (MoHFW) and Ministry of Home Affairs (MHA) has decided that train services on Indian Railways shall be partially restored w.e.f. from 12th May 2020 in a graded manner. Fifteen pair of special trains (thirty trains) shall be operated as per the details mentioned in the annexure. (link is given below)

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These services shall be in addition to the Shramik specials for transporting stranded persons, which are under operation w.e.f. 1st May 2020.

Other regular Passenger services including all mail/ express, passenger and suburban services shall remain cancelled until further advice.

These special trains which have been started presently will have only Air conditioned classes i.e. First, Second & Third AC. The fare structure for the ‘Special Trains’ shall be as applicable for the regular time tabled Rajdhani trains (excluding catering charges).

Only online E-Ticketing will be done through IRCTC website or through Mobile App. No tickets will be booked across the reservation counter on any Railway Station. Booking of tickets through ‘agents’, (both IRCTC Agents and Railway Agents) shall not be permitted. Maximum Advance Reservation Period (ARP) will be of maximum 7 days.

Only confirmed e-tickets shall be booked. Booking of RAC/ Waiting list ticket and on board booking by ticket checking staff shall not be permitted. Current booking, tatkal and premium tatkal booking shall not be permitted. No Unreserved tickets (UTS) shall be permitted.

No catering charges shall be included in the fare. Provision for pre paid meal booking, e-catering shall be disabled. However, IRCTC shall make provision for limited eatables and packaged drinking water on payment basis. Information to this effect shall be made available to passengers during time of booking ticket.

Passengers are encouraged to carry their own food and drinking water. Dry, ready-to-eat food and bottled water shall be provided on demand, inside the trains on payment basis.

All passengers shall be compulsorily screened and only asymptomatic passengers are allowed to enter /board the train.

Passengers travelling by these special services will observe the following precautions :

• Only passengers with Confirmed tickets shall be allowed to enter the Railway station.
• All passengers shall be wearing face covers/masks at the entry and during travel.
• The passengers shall reach the station at-least 90 minutes in advance to facilitate thermal screening at the station. Only passengers who are found asymptomatic will be permitted to travel.
• Passengers shall observe social distancing both at the station and on trains.
• On arrival at their destination, the travelling passengers will have to adhere to such health protocols as are prescribed by the destination state/ UT

Online cancellation shall be permitted up to 24hrs before scheduled departure of train. No cancellation permitted less than 24 hrs before departure of train. Cancellation charge shall be 50% of fare.

Zonal Railways have been instructed to ensure that there are separate entry and exit gates at Railway stations to the extent feasible so that there is no face to face movement of passengers. Zonal railways will be guided by standard social distancing guidelines on stations and trains and observe the safety, security and hygiene protocols.

All passengers are advised to download and use the Aarogya Setu application.

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No Linen, blankets and curtains shall be provided inside the train. Passengers are advised to carry their own linen for the travel. The temperature inside AC coaches shall be suitably regulated for this purpose.

No stalls/ booths on the platforms shall be opened. No train side vending would be permitted. Passengers are advised to travel light.

As per MHA guidelines the movement of the passenger(s) as well as the driver of the vehicle transporting the passenger(s) to and fro the Railway Station shall be allowed on the basis of the confirmed e-ticket.

PIB

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