Clarifications on Scope of “Essential”
· MHA clarifies on ground level issues
being faced by States in ensuring smooth flow of supply chain of Essential
Items during National Lockdown to fight COVID-19
· States advised to inform District
authorities and field agencies regarding the Clarifications so as to avoid any
ambiguity at the ground level
[MHA
Press Release/03.04.2020]
Union Ministry of Home Affairs (MHA) had issued consolidated
guidelines on the lockdown measures to be taken by Ministries/ Departments of
Government of India, State/Union Territory Governments and State/ Union
Territory Authorities for containment of COVID-19 epidemic in the country, on
24.03.2020 and further modified on 25.03.2020, 26.03.2020 and 02.04.2020.
At the ground level different interpretations are being made
on the items given exceptions, which hinder smooth flow of supply chain of
these essential items. Suggestions have also been received from some quarters
in regard to these Guidelines. In view of these developments, Union Home
Secretary, Shri Ajay Kumar Bhalla has written to all
State Chief Secretaries clarifying on ground level issues being faced by States
in ensuring smooth flow of supply chain of essential items during national
lockdown to fight COVID-19. The communication deals in detail with different
categories of essential items exempt from the lockdown restrictions.
Taking the case of “laboratories”, the communication
clarifies that they have been exempted from lockdown restrictions. This
includes the testing laboratories in the private sector for Covid-19 samples.
These samples are collected through various collection centres,
and thereafter transported to the aforesaid laboratories. It is reiterated that
the opening up of temporary collection centres,
movement of lab technicians and transportation of samples from the collection centres to the laboratories is to be allowed and exempted
from any lockdown restrictions on movement.
Coming to daily essentials, the communication states that
exceptions to sale (including through e-Commerce), production, warehousing
and transport of essential goods such as food, groceries, fruits and
vegetables, dairy and milk products, meat and fish, animal fodder, seeds,
fertilizers and pesticides, agriculture produce, drugs, pharmaceuticals,
medical devices, their raw material and intermediaries have been specifically
mentioned in the aforesaid guidelines. In a communication on 29th
March, 2020, it was clarified that grocery would include hygiene products
such as hand washes, soaps, disinfectants, body wash, shampoos, surface
cleaners, detergents and tissue papers, toothpaste / oral care, sanitary pads
and diapers, charger and battery cells etc.
In order to further streamline supplies of essential goods,
following clarifications are issued:-
i) Queries
have been received as to what constitutes food and grocery. Since it is
neither feasible nor desirable to mention each item of food and grocery in the
guidelines, the State/UT Governments have been advised to interpret these terms
to mean all items of food and grocery that are usually consumed by people on
day to day basis.
ii) Production,
warehousing and transport of essential goods are included under
exceptions in the guidelines and the district authorities are issuing
individual passes to businesses covered in the exempted category. Difficulties
in getting passes are, however, being faced by businesses having nation-wide
supply chains of essential goods. In order to address this concern, the
State/UT Governments have been advised to issue authorization letters to
companies/ organizations having nation-wide supply chains of essential goods,
allowing them to issue regional passes for easy movement of critical staff and
workers in order to maintain their national supply chains. It has been further
advised to keep the numbers of such authorizations bare minimum.
iii) While
operations of Railways, Airports and Seaports for cargo movement, relief and
evacuation is allowed under the guidelines, difficulties are being faced in
obtaining passes from district authorities in some cases. In order to address
this and to accelerate unloading and mobility of goods across the country, it
has been clarified that the designated authorities under Railways, Ports and
Airports be allowed to issue passes for a critical mass of staff and
contractual labour that are essential for such
operations.
iv) Inter-state
and intra-state movement of all trucks and other goods / carrier vehicles,
with one driver and one additional person, is allowed as long as the driver is
carrying a valid driver’s license. If the truck/ vehicle is travelling empty,
invoice, way-bill etc. for delivery or pick up of goods may additionally be
carried by the drivers. Movement of driver and one person from their place of
residence to truck should also be facilitated by local authorities.
iv) All
movement of persons with the passes shall be subject to strict adherence to norms
for hygiene and social distancing as is required in the context of COVID19.
The communication emphasizes that District authorities and
field agencies may be informed on the above accordingly, so as to avoid any
ambiguity at the ground level.