The State Government has issued the following fresh consolidated guidelines for implementation throughout the State with effect from April 30 till May 13, 2021
A. Following activities shall be Prohibited/Closed across the Nagaland:
1. Summer break for all the schools and colleges shall be declared with effect from the date of issue of this order until further notice.
2. All coaching/vocational institutions/student hostels etc shall be closed. However, online/ distance learning shall continue to be permitted and shall be encouraged.
3. All cinema halls, swimming pools, gymnasiums, entertainment parks, auditoriums, theatres, assembly halls, sports complexes and stadiums, and similar places shall be closed.
4. All the public places in the State like parks, museums, libraries, re-creation centres, etc. shall be closed.
B. Restrictions on public gatherings
1. Social/ political/ sports/ entertainment/ academic/ cultural/ religious functions and other large congregations will be permitted outside the containment zones, but the gathering shall not be more than 30% of the capacity of the hall/venue/ground or 100 persons, whichever is lower, subject to COVID-19 appropriate behaviors like wearing of masks, social distancing, regular washing of hands by hand sanitizer/soap and water etc.
2. Religious places/ place of worship will be permitted to open outside the containment zones subject to a maximum of 30% of the capacity of the hall/building at any point of time or 100 persons, whichever is lower, and with strict adherence to all the provisions of the SOP for preventing the spread of COVID-19, which may be seen at
https://covidl9.nagaland.gov.in/storage/advisories/SOP%20for%20religious%20places.pdf
3. The District Task Force can take suitable decisions as per the local situations to further reduce the maximum allowable capacities as mentioned above.
C. Entry and exit points/routes on inter-state borders
1. Any inbound traveller/returnee will be permitted to enter the State through Dimapur by Train, Air or by Road through the New Field Check Gate and the Dillai Gate; and by road through Khuzama, Kohima district, Tsutapela and Watiyongpang, Mokokchung district, Naginimora and Tizit, Mon district, Bhandari, Wokha district, Lanye and Akash Bridge in Phek district.
2. Entry into the State through any other route, or by any other mode of travel will not be allowed, except under special circumstances with the approval of the Home Department.
3. Every inbound traveller/returnee on arrival will be required to produce a negative RT- PCR/TrueNat/CBNAAT test report for COVID-19 with the test done not earlier than 72 (seventy two) hours prior to entry into the State and such persons will be further required to remain in self-isolation/quarantine for 7(seven) days. In other cases, the person concerned after entry will be required to self isolate/quarantine for 10 (ten) days. In addition, the person concerned will have to comply with the Revised Standard Operating Procedure (SOP) for returnees and travellers entering Nagaland being issued separately.
4. Further each inbound traveller/returnee will be required to fill up the ‘Self Declaration Form’ available on https://covidl9.nagaland.gov.in Necessary assistance will be made available at the entry points for those requiring help.
5. In case of a resident of any North East (NE) State other than Nagaland, who is arriving in Nagaland by road/air/train, and is a transit passenger, he/she shall fill in a self declaration form available on https://covidl9.nagaland.gov.in as a transit passenger, and shall proceed to his/her destination State directly from the point of entry strictly following COVID-19 appropriate behaviour and without halting in Nagaland, and further he/she should strictly adhere to the testing guidelines of the destination States.
6. The movement of goods vehicles entering or transiting through the State shall be allowed through the above mentioned points of entry, after proper medical screening of the drivers and attendants of those vehicles. All other roads/routes will remain closed.
7. The International Border of the State with Myanmar shall continue to remain sealed as before.
D. Movement of persons and vehicles in the State
1. Movement of people within the State will be permitted subject to adherence to COVID 19 behaviour at all times while moving from one place to another.
2. The intra and inter district movement of private and passenger vehicles of every category is permitted across the State subject to the occupancy in every kind of vehicle being limited to 50% of the total occupancy. Further, no standing passengers should be allowed to travel and there should also be adherence to all the provisions aimed at preventing the spread of COVID-19, which may be seen at
https://covidl9.nagaland.gov.in/storage/advisories/SOP%20for%20vehicles.pdf
3. The District Task Force, if it considers necessary, for discouraging unnecessary movement of people, may consider for imposition of restrictions on non essential movement of public, and/or not allowing movement during certain hours of the day, or on certain days.
E. Shops/Markets/Other activities
1. Shopping Malls will be permitted to open outside the containment zones subject to strict adherence to the provisions of the SOP for preventing the spread of COVID-19, which may be seen at https://covidl9.nagaland.gov.in/storage/advisories/SOP%20for%20Shopping%20Malls-1 – merged_compressed.pdf
2. Shops and hawker stalls of all categories located in marketing complexes and crowded areas like Hongkong Market, New Market in Dimapur Town, BOC Market in Kohima etc. are allowed to open and operate with the condition of only a certain percentage of the shops limited to 30% as decided by the respective DTF after making assessment of the location and layout; may open in turns on any particular day, with other necessary measures in place in the markets to ensure that crowding is avoided, and all the social distancing norms and health safety protocols are strictly followed.
3. A fine of Rs.200/- shall be imposed on the persons not wearing mask in public places, work places, and during transport.
4. The proprietors of the shops and establishments which are allowed to open will make arrangements for keeping hand sanitizers or provide facilities for hand washing with soap and water for the public as well as for their own staff/workers. The proprietors of the shops and establishments should also get the door handles, surfaces and other objects which are frequently touched by people cleaned and disinfected. Social distancing measures will also be adhered to at all the shops and outlets.
5. Hotels/ Lodges will continue to be permitted to open and operate subject to adherence to conditions/provisions of the SOP for preventing the spread of COVID-19, which may be seen at https://covidl9.nagaland.gov.in/storage/advisories/1700000235.pdf
6. Restaurants will continue to be permitted to open outside the containment zones subject to adherence to conditions/provisions of the SOP for preventing the spread of COVID-19, which may be seen at
https://covidl9.nagaland.gov.in/storage/advisories/1700000235.pdf
7. Barber shops and salons are permitted to open and function subject to the provisions of the SOP, which may be seen at
https://covidl9.nagaland.gov.in/storage/advisories/SOP%20for%20salons%20and%20barber%20sh ops.pdf
8. Private Banks, ATMs, Pharmacies, Medical Clinics, Nursing Homes, Private Telecom Services, Internet Service Providers, Media Houses, LPG, Petroleum outlets will continue to open/function as per the existing arrangements. All other kind of private offices/establishments may open/function subject to 50% attendance on any day and strict adherence to COVID-19 appropriate behavior.
9. All other activities not explicitly barred or prohibited in this order or any other order issued by the Government will continue to be permitted subject to strict adherence to COVID-19 appropriate behaviour like wearing of masks, social distancing and frequent washing of hands by sanitizers/soaps by all concerned.
10. All the activities are subject to adherence to National Directives for COVID-19 Management as specified in Annexure I.
11. The DTF if it feels there is a requirement, may, for decreasing crowding in the markets consider opening of only 50% shops on any particular day in a market.
F. Offices
1. The Civil Secretariat and Directorates in Kohima and Dimapur and all the Government offices in the Districts shall continue to function with attendance of officers of Deputy Secretary and above in the Secretariat, and Deputy Director and above in the Directorate and the Head of Office and immediate junior in the District offices being mandatory. For other categories of officers and staff, a roster system shall be worked out by the AHOD/HOD/Head of Office concerned whereby 50% staff QS) attends office every alternate week. The entry of public visitors to offices, unless of essential nature, MV’ will be prohibited.
2. District Administration, Police, Security Forces/Agencies and Medical and essential Service Providers like Treasury, Fire & Emergency Services, Home Guards & Civil Defence, Prisons, PHED, Power, NIC, DIPR, Postal Services, Food & Civil Supplies, Social Welfare, IT&C, Veterinary & Animal Husbandry, Municipalities/Councils, AIR, Doordarshan, BSNL, Public Sector Banks, ATMs shall continue to operate as per the current arrangements.
G. 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 take necessary precautions.
H. Use of Aarogya Setu
Use of Aarogya Setu may continue on best effort basis on compatible mobile phones. This will facilitate timely provision of medical attention to those individuals who are at risk.
I. Containment Zones
1. 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.
2. In the Containment Zones, only essential activities will be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of MoHFW shall be effectively implemented for the above purpose.
3. Activities in the Containment Zones shall be monitored strictly by the District Administration, and the guidelines relating to containment measures in these zones shall be strictly implemented.
J. Instructions for enforcement of above measures:
All the DTFs led by the Deputy Commissioners shall strictly enforce the above measures and the National Directives for COVID 19 Management, as specified in Annexure-I.
K. Implementation framework for community containment/large containment areas
The implementation framework for community containment/large containment areas shall be based on the guidelines issued by the Ministry of Health & Family Welfare Government of India vide DO No.Z.28015/85/2021 -DM Cell dated 25th April 2021 as forwarded by the Union Home Secretary to all States and enclosed as Annexure – III
L. Penal provisions
Any person violating these lockdown measures and the National Directives for COVID-19 Management 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 Annexure-II.
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 (2 gaz ki doori) in public places. Shops will ensure physical distancing among customers.
3. 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 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 offices, 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 hand wash 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 and other staff
Offences and penalties for violation of lockdown measures
A. Section 51 to 60 of the Disaster Management Act, 2005
51. Punishment for obstruction, etc.—Whoever, without reasonable cause
a. 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
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 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 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 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.
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 willfully 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.
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 fine.
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 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.
56. 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.
57. Penalty for contravention of any order regarding requisitioning.—If any person contravenes S 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.
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 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—
i. "company" means anybody corporate and includes a firm or other association of individuals; and
ii. "director", in relation to a firm, means a partner in the firm.
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 officer authorised in this behalf, by general or special order, by such Government.
60. Cognizance of offences.— 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 officer 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 officer authorised as aforesaid.
B. Section 188 in the Indian Penal 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.