Lockdown :Guidelines 1
Consolidated Lockdown Guidelines (Dt.15-04-2020)
Whereas ,in exercise of the powers, conferred under Section 10(2)(l) of the Disaster Management Act 2005, the undersigned , in his capacity as Chairperson, National Executive Committee, has issued an Order dated 14th of April 2020 that the lockdown measure stipulated in the Consolidated Guidelines of Ministry of Home Affairs(MHA) for containment of COVID-19 epidemic in the country ,will continue to remain in force up to 3rd May ,2020 to contain the spread of COVID-19 in the country ;
Whereas, to mitigate hardship to the public, select additional activities will be allowed, which will come into effect from 20th April 2020.However, these additional activities will be operationalised by States/UTs/District Administrations based on strict compliance to existing guidelines on lockdown measures. Before operating these relaxations, States /UTS/District administrations shall ensure that all preparatory arrangements with regard to social distancing in offices, workplaces, factories and establishments, as also other sectoral requirements are in place. The consolidated revised guidelines incorporating these relaxations are enclosed;
Whereas, the consolidated revised guidelines will not apply in containment zones, as demarcated by states/UTs/District Administrations. If any new area is included in the category of a containment zone, the activities allowed in that area till the time of its categorization as a containment zone, will be suspended except for those activities as are specifically permitted under the guidelines of Ministry Of Health and Family Welfare, Government of India;
Whereas, in exercise of the powers, conferred under section 10(2)(l) of the Disaster Management ACT,2005, the undersigned , in his capacity as Chairperson, National Executive Committee, hereby issues directions to all the all Ministries /Departments of Government of India, State/Union Territory Governments and State/Union Territory Authorities for the strict implementation of enclosed consolidated revised guidelines.
Sd/-Union Home Secretary
1: The secretaries Of Ministries/Department of Government of India
2. The chief secretaries/Administrators of States/Union Territories.
copy to :
1. all members of the national executive committee
2. member secretary national disaster management authority
Consolidate Revised 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
[As per Ministry of Home Affairs(MHA) Order No. 40-3/2020-DM-I(A) dated 15th April,2020]
1.With the extension of the lockdown period, the following activities will continue to remain prohibited across the country until 3rd May,2020:
1.All domestic and international air travel of passengers, except for purposes enumerated in para 4(ix), and for security purposes
2.All passenger movement by Trains, except for security purposes.
3.Buses for public transport.
4.Metro rail services
5.Inter-district and inter-state movement of individuals except for medical reasons or for activities permitted under these guidelines
6.All educational, training, coaching institutions etc. Shall remain closed.
7.All industrial and commercial activities other than those specifically permitted under these guidelines.
8.Hospitality services other than those specifically permitted under these guidelines.
9.Taxis (including auto rickshaws and cycle rickshaws) and services of cab aggregators.
10.All cinema halls, malls, shopping complexes, swimming pools, entertainment parks, theatres, bars and auditoriums, assemble halls and similar places.
11.All social/political /sports/entertainments/academic/cultural/religious functions/other gatherings.
12.All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited.
13.In case of funerals, congregation of more than twenty persons will not be permitted.
2. Operation of guidelines of Hotspots and Containment Zones
- Hotspots, i.e., areas of large COVID-19 outbreaks ,or clusters with significant spread of COVID-19 will be determined as per the determined as per the guidelines issued by Ministry of Health and Family Welfare (MoHFW), Government of India(GoI).
- In these hotspots, containment zones will be demarcated by states/UTs/District administrations as per the guidelines of MoHFW.
- In these containment zones, the activities allowed under these guidelines will be permitted .There shall be strict perimeter control in the area of the containment zones to ensure that there is no unchecked inward/ outward movement of population from these zones except for maintaining essential services(including medical emergencies and law and order related duties)and governenment business continuity . The guidelines issued in this regard by MoHFW will be strictly implemented by State/UT Governments and the local district authorities.
3. Select permitted activities allowed with effect from 20th April 2020:
- To mitigate hardship to the public, select additional activates have been allowed which will come into effect from 20th of April 2020. These limited exemptions will be operational zed by States/UTs/Districts administrations based on strict compliance to the existing guidelines .Also, before allowing these select additional activities, States /UTs/District administrations shall ensure that all preparatory arrangements with regard to the standard operating procedures for social distancing in offices, workplaces, factories and establishments as also other sectoral requirements are in place.
- The consolidated revised guidelines incorporating these select permitted activities have been enumerated in paras 5-20 below.
4. Strict enforcement of the lockdown guidelines
- State/UT Governments shall not dilute these guidelines issued under the Disaster Management Act,2005,in any matter and shall strictky enforce the same.
- State/UT Governments may, however, impose stricter measures than these guidelines as per requirement of the local areas.
5. All health services (including AYUSH) to remain functional, such as:
- Hospitals, nursing homes, clinics, telemedicine facilities.
- Dispensaries, chemists, pharmacies, all kind of medicine shops including JAN AUSHADHI KENDRAS and medical equipment shops.
- Medical laboratories and collection centres.
- Pharmaceutical and medical research labs, institutions carrying out COVID-19 related research.
- Veterinary Hospitals, dispensaries, clinic, pathology labs, sale and supply of vaccine and medicine.
- Authorised private establishments, which support the provisioning of essential services, or effort for the containment of COVID-19, including home care providers, diagnostics, and supply chain firms serving hospitals.
- Construction of medical/ health infrastructure including manufacture of ambulances.
- Movement (inter and intra state, including by air) of all medical and veterinary personnel, nurses, paramedical staff, lab technicians, mid-wives and other hospital support services, including ambulances
6. Agricultural and related activities:
a).All agricultural and horticultural activities to remain fully functional such as :
- Farming operations by farmers and farm workers in field.
- Agencies engaged in procurement of agriculture products, including MSP operations.
- ‘Mandis’ operated by the agriculture produce market committee (APMC) or as notified buy the state/UT Government or by industry ,directly from farmers /group of farmers ,FPO’S co-operative etc.States/UTS may promote decentralized marketing and procurement at village level.
- Shops of agriculture machinery, its spare parts(including its supply chain) and repairs remain open.
- ‘Custom Hiring Centres(CHC)’ related to farm machinery.
- Manufacturing ,distribution and retail of fertilizers ,pesticides and seeds
- Movement (inter &intra State) of harvesting and sowing related machines like combined harvesters and other agriculture /horticulture implements.
b)Fisheries-the following activities will be functional:
- Operations of the fishing (marine and inland)/aquaculture industries, including feeding and maintenance, harvesting, processing, packaging ,cold chain, sail and marketing.
- Hatcheries ,Feed plants ,commercial aquaria
- Movement of Fish/Shrimp and fish products, fish seed/feed and workers for all these activities.
c)Plantations-the following activities can be functional:
- Operations of tea, coffee and rubber plantations with the maximum of 50% workers.
- Processing, packing, sale and marketing of tea, coffee rubber and cashew with maximum of 50% workers.
d)Animal Husbandry –the following activities can be functional:
- Collection, processing, distribution and sale of milk and milk products by milk processing plants, including transport and supply chain.
- Operation of animal husbandry farms including poultry farms and hatcheries and life stock farming activities.
- Animal feed manufacturing and feed plants, including supply of raw material, such as maize and soya.
- Operation of animal shelter homes, including gaushalas.
7. Financial sector: following to remain functional:
- Reserve bank of India(RBI) and RBI regulated financial markets and entities like NPCI,CCIL,Payment system operators and standalone primary dealers.
- Bank branches and ATMS, IT vendors for banking operations, banking correspondents (BCs), ATM operation and cash management agenc
- Bank branches be allowed to work as per normal working hours till disbursal of DBT cash transfers is complete.
- Local administrations to provide adequate security personnel at bank branches and BCs to maintain social distancing, law and order and staggering of account holders.
- SEBI, and capital and debt market services as notified by the securities and exchange board of India (SEBI).
- IRDAI and Insurance companies.
8. Social sector: Following to reain functional:
- Operations of homes for children/ Disabled/ Mentally changed/ senior citizens/ Destitute/ Women/Widows.
- Observation homes, after care homes and paces of safety for Juveniles.
- Disbursement of social security pensions, e.g..., Old age/Widow/Freedom fighters pensions; pension and provident fund services provided by employees Provident Fund Organisation(EPFO).
- Operation of Anganwadis –Distribution of food items and nutrition ones in fifteen days at door steps of benificiaries,e.g..,Children,Women and lactating mothers.Benifitiaries will not attend the Anganwadis
9. Online teaching/Distance learning to be encouraged:
- All educational, Training, Coaching institutes etc.Shall remain closed.
- However, these establishments are expected to maintain the academic schedule through online teaching.
- Maximum use of Doordarshan and other educational channels may be made for teaching purposes.
10. MNREGA Works to be allowed:
- MNREGA Works are allowed with strict implementation of social distancing and face masks
- Priority to be given under MNREGA to irrigation and water conservation works.
- Other central and states sector schemes in irrigation and water conservation sectors may also be allowed to be implemented and suitably dovetailed with MNREGA works.
11. Public utilities: Following to remain functional
- Operations of oil and gas sector, including refining, transportation, distribution, storage and retail of products,e.g..,Petrol, Diesel ,Kerosene, CNG,LPG,PNG etc.
- Generation, Transmision and distribution of Power at central and state/UT levels.
- Postal services including post offices,
- Authorisations of utilities in water, Sanitations and waste management sectors, at municipal/local body levels in states and UT’s.
- Operations of utilities providing Telecommunications and Internet services
12. Movement, loadning/unloading of goods/ Cargo (Inter and Intra state)is allowed, as under :
- All goods, Traffic will be allowed to ply.
- Operations of railways: Transportation of goods and parcel trains.
- Operations of airports and related facilities for air transports for cargo movement, relief and evacuation.
- Operations of sea ports and Inland Container Depots(ICD’s)for cargo transport, including authorised custom clearing and forwarding agents.
- Operations of land pots for cross land boarder transportation of essential, including petroleum products and LPG food products , Medical supplies
- Movements of all trucks and other goods/carrier vehicles with two drivers and one helper subject to the driver carrying a valid driving licence: an empty truck/vehicle will be allowed to ply after the delivery of goods, or for pickup of goods.
- Shops for truck repairs and dhabas on highways, with stipulated minimum distance as prescribed by the State/UT authorities.
- Movement of staff and contractual labour for operations of railways, airports/air carriers, seaports/ships/vessels, land port and ICDs is allowed on passes being issued by the local authority on the basis of authorization issued by the respective designated authority of the railways, airports, seaports, landports, and ICDs.
13. Supply of Essential goods is allowed, as under:
- All facilities in the supply chain of essential goods, whether involved in manufacturing ,wholesale or retail of such goods through local stores, large brick and mortar stores or e-commerce companies should be allowed to operate, ensuring strict social distancing without any restriction on their timing of open and closure.
- Shops(including Kirana and single shops selling essential goods) and carts, including ration shops(under PDS),dealing with food and groceries(for daily use ), hygiene items ,fruits and vegetables ,dairy and milk booths, poultry ,meat and fish ,animal feed and fodder etc., should be allowed to operate ,ensuring strict social distancing without any restriction on their timing of opening and closure.
- District authorities may encourage and facilitator home delivery to minimize the movement of individuals outside their homes
14. Commercial and private establishments, as listed below, wil be allowed to operate:
- Print and electronic media including broadcasting, DTH and cable services.
- IT and IT enabled services, with unto 50%strenght.
- Government approved common service centres (CSCs) at Gram Panchayat level.
- E-Commerce companies. Vehicles used by E-commerce operators will be allowed to ply with necessary permissions.
- Courier services.
- Cold storage and warehousing services, including at ports ,airports,railwaysstations, container depots, individual units and other links in the logistic chain.
- Private security services and facilities management services for maintenance and upkeep of office and residential complexes.
- Hotel, homestats, lodges and motels, which are accommodating tourists and persons stranded due to lockdown, medical and emergency staff, air and sea crew.
- Establishments used /earmarked for quarantine facilities.
- Services provided buy self-employed persons, e.r., electrician, IT repairs, plumbers, motor mechanics and carpenters
15. Industries/Industrial Establishments (both Government and private), as listed below, will be allowed to operate:
- Industries operating in rural areas, i.e., outside the limits of municipal corporations and municipalities.
- Manufacturing and other industrial establishment with access control in Special Economic Zones (SEZs) and Export Oriented Units (EOUs), industrial estates, and industrial townships. These establishments shall make arrangements for stay of workers within their premises as far as possible and/or adjacent buildings and for implementation of the Standard operating protocol(SOP) as referred to in para21(ii) below. The transportation of workers to work place shall be arranged by the employers in dedicated transport by ensuring social distancing.
- Manufacturing units of essentials good, including drugs, pharmaceuticals, medical devices, their raw material and intermediates.
- Food processing industries in rural areas, i.e., outside the limits of municipal corporations and municipalities.
- Production units, which require continuous process, and their supply chain.
- Manufacturing gh of IT hardware.
- Coal production, mines and mineral production, their transportation, supply of explosives and activities incidental to mining operations.
- Manufacturing in it’s of packaging material.
- Jute industries with staggered shifts and social distancing.
- Oil and gas exploration/refiner.
- Brick kilns in rural areas i.e., outside the limit of municipal corporations and municipalities
16. Construction activities, listed as below, will be allowed to operate:
- Construction of roads, Irrigation projects, buildings and all kind of industrial projects, including MSMEs in rural areas,i.e..,outside the limits of municipal corporations and muncipalties;and all kinds of projects in industrial estates.
- Construction of renewable energy projects
- Continuations of works in construction projects, within the limits of municipal corporations and muncipilaties,where workers are available on site and no workers are required to brought in from outside
17. Movement of person’s is allowed in the following cases:
- Private vehicles for emergency services, including medical and veterinary care and for procuring essential commodities. In such cases, one passenger besides the private vehicle driver can be permitted in the back seat, in case of four weeler;however,in case of two wheeler only the driver of the vehicle to be permitted.
- All the personal travelling to place of and back in exempted categories as per the instructions of state/UT local authority
18. Offices of the government of India, Its autonomous subordinate officers will remain open as mentioned below:
- Defence, central armed police forces,helath and family welfare, disaster management and early warning agencies(IMD,INCOIS,SASC AND National centre of seismology,CWC)National Informatics Centre(NIC), Food corporation of India(FCI), NCC,Nehru Yuva Kendra’s (NYKS) and customs to function without any restriction.
- Other ministries and departments and offices under r the control are to function with 100% attendance of deputy secretary and levels above that. Remaining officers and staff to attend 33% as per requirement.
19. Offices of the state/Union territory governments, their autonomous bodies and local governments will remain open as mentioned below:
- Police, homegaurds, civil defence, fire and emergency services, disaster management, prison and municipal services will function without any restrictions.
- All other departments of the state/UT governments to work with restricted staff. Group ‘A’ and ‘B’ officers may attend as required. Group ‘C’ and levels below that may attend unto 33% of strength as per requirement to ensure social distancing.However, delivery of public services shall be ensured and necessary staff will be diploid for such purpose.
- District administration and treasury (Including field officers of the accountant general) will function with restricted staff. However delivery of public services shall be ensured, and necessary staff will be deployed for such purpose
- Resident commissioner of states /UT’s, in New Delhi, only to the extent of Coordinating COVID-19 related activities and internal kitchen operations.
- Forest offices: Staff/workers required operating and maintaining Zoo, Nurseries, Wildlife, and Fire fighting in forests, watering plantations, Patrolling and their necessary transport movement
20. Persons top remain under mandatory Quarantine. As under:
- All such persons who have been directed by health care personal to remain under strict home/Institutional quarantine for a period has decided by local health authorities
- Persons violating quarantine will be liable to legal action under section 188 of IPC, 1860.
- Quarantine persons who have arrived in India after 15.02.2020,after expiry of their quarantine period and being tested COVID-19 Negative , will be relieved following the protocol prescribed in the SOP issued by MHA
21. Instructions for enforcement of above lockdown measures:
- Al l the district magistrates shall strictly enforce the national COVID-19 Directives as specified in ANEXURE-I. Penalties prescribed shall be levied and collected from all persons and entities violating these directives.
- All industrial and commercial establishments, workplaces, offices etc. Shall put in place arrangements for implementation of SOP as in ANNNEXURE-II before starting their functioning.
- In order to implement these containment measures, the district magistrate will deploy executive magistrates as incident commanders in the respective local jurisdictions. The incident commander will be responsible for the overall implementation of this measure in the respective jurisdictions. All other line department official in the specified area will work under the directions of such incident commander. The incident commander will issue passes for enabling essential moments as explained.
- The incident commander will in particular ensure that all efforts for mobilization of resources, workers and material for augmentation and expansion of hospitals infrastructure shall continue without any hindrance.
- Additional activities, permitted in these guidelines shall be implemented in a phased manner, after making all arrangements necessary for strict implementation of the guidelines. These will come into force with effect from 20th APRIL, 2020
22. PENAL Provisions
• Any person violating these lockdown 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 IPC, and other legal provisions as applicable. Extracts of theses penal provisions are at ANNEXURE III.
UNION HOME SECRETARY
NATIONAL DIRECTIVES FOR COVID-19 MANAGEMENT
The national directives shall be enforced by the District Magistrate through fines and penal actions as prescribed in the Disaster Management Act 2005.
- Wearing of face cover is compulsory in all public places, work places.
- All persons in charge of public places, workplaces and transport shall ensure social distancing as per the guidelines issued by Ministry of Health and Family Welfare.
- No organization /manager of public place shall allow gathering of 5 or more persons
- Gathering such as marriages and funerals shall remain regulated by the District Magistrate.
- Spitting in public spaces shall be punishable with FINE.
- There should be strict ban on sale of liquor,gutka,tobacco etc. And spitting should be strictly prohibited.
- All work places shall have adequate arrangements for temperature screening and provide sanitizers at convenient places.
- Work places shall have a gap of one hour between shifts and will stagger the lunch break of staff, to ensure social distancing.
- Persons above 65 years of age and persons with co-morbidities and parent of children below age of 5 may be encouraged to work from home.
- Use of Arogya setu will be encouraged for all employees both private and public.
- All organizations shall sanitize their workplace between shifts.
- Large meetings are prohibited.
- Frequent cleaning of common surface and mandatory hand wash shall be mandated.
- No overlap of shifts and staggered lunch with social distancing in canteens shall be ensured.
- Intensive communication and training on good hygiene practices shall be taken up
STANDARD OPERATING PROCEDURE FOR SOCIAL DISTANCING FOR OFFICES,WORKPLACE,FACTORIES AND ESTABLISHMENTS
The following measures shall be implemented by all offices, factories and other establishments:
- All areas in the premises including the following shall be disinfected completely using user friendly disinfectant mediums:
- Entrance gate of the building, office etc.
- Cafeteria and canteens.
- Meeting room, conference halls/open areas available/verandas/entrance gate of site, bunkers, portal cabins, buildings etc.
- Equipment and lifts.
- Washroom, toiler, sink; water points etc.
- Walls/all other surfaces
- For workers coming from outside, special transportation facility will be arranged without any dependency on the public transport system. These vehicles should be allowed to work only 30-40% passenger capacity.
- All vehicles and machinery entering the premise should be disinfected by spray mandatorily.
- Mandatory thermal scanning of everyone entering and exiting the work place to be done.
- Medical insurance for the workers to be made mandatory.
- Provision for hand wash and sanitizer preferably with touch free mechanism will be made at entry and exit points and common areas. Sufficient quantities of al the items should be available.
- Work places shall have a gap of one hour between shifts and will stagger the lunch breaks of staff, to ensure social distancing.
- Large gatherings or meetings of 10 or more people to be discouraged. Seating at least 6 feet away from others on job sites and in gatherings, meetings and training sessions.
- Not more than 2/4 persons (depending on size) will be allowed to travel in lifts or hoists.
- Use of staircase for climbing should be encouraged.
- There should be strict ban of gutka, tobacco etc. And spitting should be strictly prohibited.
- There should be total ban on non-essential visitors at sites.
- Hospitals/clinics in the nearby areas, which are authorized to treat COVID-19 patients, should be identified and list should be available at work place all the times.
OFFENCES AND PENALTIES FOR VIOLATION OF LOCKDOWN MEASURES
Section 51 to 60 of the Disaster Management Act,2005
51. Punishment for obstruction, etc-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 the functions under this Act; or
- Refuses to comply with any direction given by or on behalf of the Central Governement or the state government or the National Executive Committee or the state Excecutive Committee ot 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 result in loss of lives or immigent 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 the relief in any threatening disaster situation or disaster, misappropriate or appropriates for his own use or disposes 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.
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 Department 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 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 official 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 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 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,25 shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in the 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 the 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 –(a) “company” means anybody corporate and includes a firm or other association of individuals; and (b)”director”, in relation to a firm, means a partner in the firm.
59. Previous sanction for prosecution.—No prosecution for offences punishable under section 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 District Authority or any other authorities 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 intensions 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. Disobediance to order duly promulgated by public servant.—Whoever ,knowing that , by an oreder 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 ,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.
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 riot.A has committed the offence defined in this section