Centre again clarifies on punitive action against employers amid lockdown

The Home Ministry on Thursday again sought to allay the fears of India Inc  over punitive action against employers if coronavirus (Covid-19) positive cases are found among employees, after industry bodies batted for a clear-cut announcement from the government in this regard.

The ministry said some apprehensions, based on wrong interpretation of the guidelines, have been raised by some companies having manufacturing facilities.

Some of these guidelines are: 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 three months, in case of non-compliance of precautionary measures, the factory may be closed down for two days and may be allowed to restart after full compliance, the ministry said.

"It is clarified that there is no such clause in the consolidated revised guidelines and therefore there is no basis for such misplaced apprehensions," the ministry said.

The ministry requested all states and union territories to instruct the industrial field establishments and field offices that that the guidelines issued by it should not be misused to harass the management of any manufacturing and commercial establishments.

The ministry also emphasised that no separate, or fresh permissions, are required from authorities for industries already permitted to operate prior to April 15 in areas falling outside containment zones.

The ministry's statement came after industry bodies sought a clear-cut announcement that employers will not be taken to task for Covid-19 positive cases.

"We have seen the clarification from the Home Ministry yesterday (Wednesday). A notification or announcement that employers will not be held responsible for Covid positive cases will add confidence," the Confederation of Indian Industry (CII) said during its interaction with the Department for Promotion of Industry and Internal Trade (DPIIT) and the home ministry.

CII, in a statement, said criminal liability of employers in case of finding Covid-19 positive cases among employees has been mentioned by many industry members across states and needs to be clarified.

In a separate letter to the commerce secretary, FIEO Director General Ajay Sahai said that section 58 of the Disaster Management Act is interpreted differently by the states and some of the functionaries of the states are saying that if any Covid-19 case is found, FIR will be filed against the owner(s), which requires suitable clarification from the ministry of home affairs.

"It is better if the responsibility of the owners(s) /management is detailed by the ministry/states," he said.

Earlier, industry bodies had raised this issue after the Home Ministry issued guidelines, allowing companies to operate with some riders.

Following this, a Home Ministry spokesperson said on Twitter on Wednesday, “The MHA (Ministry of Home Affairs) guidelines misinterpreted. Penalties under the Disaster Management Act, 2005, applicable if an offence occurs with consent, cognisance or negligence of the employer."

At the meeting on Thursday, measures to "speed up" economic and industrial activities were reviewed by a high-level group of officials comprising the Union home secretary and his counterpart in DPIIT, a senior official said.

A video conference was held between representatives of industry associations and the two senior bureaucrats so that those industrial activities, which are permitted during the ongoing lockdown period, keep functioning smoothly and economic activities speed up, Joint Secretary in the Ministry of home Affairs (MHA) Punya Salila Srivastava told reporters here.

Feedback is being taken from industrial units and their problems are being addressed, she said during a daily press briefing on measures related to the lockdown clamped in the country to prevent the spread of the novel coronavirus.

"In this context, home secretary (Ajay Bhalla) and secretary DPIIT (Guruprasad Mohapatra) have talked to industry associations via video conferencing today," Srivastava said.

The DPIIT in a tweet said that the conference with industry associations was "to facilitate permits for industrial activities in order to boost economic activities." Certain sections of the industry and exporters have raised concerns over the revised guidelines issued by the MHA on April 15, stating that it is difficult for them to implement those for partial resumption of their factory operations.

Srivastava said progress in economic activities, especially in rural areas, is being witnessed, and added that road construction, brick kilns and cement manufacturing related works have also started.

Till April 22, more than 15 million work days have been achieved under the MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) scheme, she said.

State governments are working to operationalise industrial units in non-hotspot zones as the central government has given permission for exempting many essential services post April 20.

These include food processing units, milk and bread processing factories, flour and pulses mills, Srivastava said.

Those areas which are not hotspots or containment zones, especially rural areas, at such places agricultural and economic work should go on and hence, some permissions have been given (from April 20), she said.

Talking about measures taken by the government to ensure protection to doctors and health workers on the frontline of the coronavirus battle, Srivastava said states have been asked to give adequate protection to these professionals whether they are working in hospitals, in quarantine centres or going for testing and collecting samples.

If any incident of violence or unruly behaviour takes place against doctors or healthcare workers, strict action will be taken against the accused under the Disaster Management Act and in line with the guidelines issued by the MHA to states and union territories, the officer said.

These steps, she said, will ensure health workers are safe.

The home ministry has suggested that nodal officers should be appointed at the state and district level and local chapters of the Indian Medical Association (IMA) should be consulted, so that doctors can work smoothly.

States should also create awareness among the people in this context, she said.

"We hope that with these steps, the lockdown will be successful and we will be able to break the Covid-19 chain," she said adding that the lockdown situation in the country, except at few places, is satisfactory.