Home Secy Clarifies that No Arrests or Factory Sealing of Owners
if Worker Found Corona Positive
· MHA Clarifies Misplaced Apprehensions
of Industry Associations regarding Legal Liability on Company CEOs, if
Employees Found COVID-19 Positive
· No Separate/Fresh Permissions required
from Authorities for Industries already permitted to operate prior to
15.04.2020, in areas falling outside Containment Zones
[MHA
Press Release dated 23.04.2020]
Ministry of Home Affairs (MHA), on 15.04.2020, had issued an
order to exempt certain activities under the consolidated revised guidelines to
fight COVID-19, in certain areas not included in hotspots/containment zones.
(https://www.mha.gov.in/sites/default/files/MHA%20order%20dt%2015.04.2020%2C%20with%20Revised%20Consolidated%20Guidelines_compressed%20%283%29.pdf)
Along with these guidelines, National Directives for COVID-19
Management and Standard Operating Procedure (SOP) for social distancing and hygiene
measures to be followed by offices, workplaces, factories and other establishments
have also been specified. The workplaces and industrial and commercial establishments
are required to follow these guidelines, as well as standard health protocols as
notified by Ministry of Health and Family Welfare (MoHFW).
Some apprehensions, based on wrong interpretation of the guidelines,
have been raised in the media and by some companies having manufacturing facilities.
Some of these are as under:
·
States may take legal action, including
imprisonment of CEO, in case a COVID-19 positive employee is found in the factory.
·
In Such a situation, the premises of the
factory would be sealed for 3 months.
·
In case of non-compliance of precautionary
measures, the factory may be closed down for 2 days and may be allowed to restart
after full compliance.
It is clarified that there is no such clause in the consolidated
revised guidelines and therefore there is no basis for such misplaced apprehensions.
It is further clarified that the activities allowed under the
consolidated revised guidelines dated 15.04.2020 have subsumed all the earlier activities
that were permitted under the earlier guidelines issued on 24.03. 2020 (including
those permitted under the addendums), in addition to certain new activities that
have also been permitted. Hence, the consolidated revised guidelines do not curtail
the exemptions already provided earlier, unless the exempted activity falls within
a containment zone.
Therefore, no separate/ fresh permissions are required from authorities
for industries already permitted to operate prior to 15.04.2020, in areas falling
outside containment zones. It is emphasized that subject to compliance with the
SOP on social distancing, no fresh license or statutory approval is required for
resumption of permitted activities during the lockdown period.
MHA in a communication to all States/UTs has requested them that
the industrial field establishments and field offices may be apprised of the guidelines
of lockdown measures, which should be followed to prevent the spread of epidemic.
It has also been directed that these should not be misused to harass the management
of any manufacturing/ commercial establishments.