Lockdown 4.0: Violations May Lead To Imprisonment, If Convicted

New Delhi: The Central government on Sunday circulated the list of offences and penalties for violation of lockdown 4.0 measures, issued under the Disaster Management Act 2005 by the Ministry of Home Affairs. The measures will come into effect from Monday, May 18.

Offenders may even face imprisonment if they are convicted for violating any of the measures.

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 some 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.

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 Govemrnent, National Authority, 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 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 disaster situation, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person to do so, shall on conviction be punishable with imprisonment for a term which may extend to two years and also fine.

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, bc punishable with imprisonment which may extend to one year or with fine.

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 guilty of the offence and be liable to be proceeded against and punished accordingly unless he proves 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 be liable to be proceeded against and punished accordingly.