LG issues proclamation declaring Coronavirus an epidemic; violations of Act made punishable offence

A view of empty Mughal Garden at Chashma Shahi in Srinagar on Monday.(UNI)
A view of empty Mughal Garden at Chashma Shahi in Srinagar on Monday.(UNI)

Covid-19 cases rise to 3 in J&K, 4 in Ladakh
*Entry in Sectt, HoD offices, parks banned; hotels shut in Patnitop

Sanjeev Pargal/
Govind Sharma
JAMMU, Mar 16: Assuming powers of the Legislature already vested with him in the Union Territory of Jammu and Kashmir in the absence of elected Assembly, Lieutenant Governor Girish Chandra Murmu today promulgated Jammu and Kashmir Epidemic Diseases (COVID-19) Regulations Act declaring Coronavirus disease as an epidemic assigning powers, duties and responsibilities to the Surveillance Personnel, Medical Officers and Practitioners.
Under the Act, any person who refuses to take measures for prevention or treatment of COVID-19 i.e. Home Quarantine/ Institutional Quarantine/ Isolation or refuses to cooperate with the Surveillance Personnel or the Magistrates will be dealt with under Section 133 of the Code of Criminal Procedure or any other coercive action as deemed necessary. Suspects contravening provisions of regulations, disobeying order or obstructing the performance of functions, duties and responsibilities will deemed to have committed an offence under Section 188 of the Indian Penal Code. This is probably for the first time in the history of Jammu and Kashmir since independence that a disease has been declared as an epidemic.
Meanwhile, one more case each of COVID-19 was today detected in the Union Territories of J&K and Ladakh taking total number of positive cases to three and four respectively.
In another significant development, District Magistrate Jammu Sushma Chouhan has served notices to 133 persons under the Disaster Management Act 2005 who have been put on quarantine by the authorities at different places in Jammu in order to contain the spread of Coronavirus.

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The notices envisaged the provision of imprisonment up to one year in case the person conceals any information or steps out of the premises of quarantine. She requested the general public to come forward and help the district administration in identifying and isolating the suspected cases so as to contain and control spread of the virus.
The Jammu and Kashmir Epidemic Diseases (COVID-19) Regulations, 2020 Act will come into force with immediate effect and will have jurisdiction over the entire Union Territory of Jammu and Kashmir.
Under the Act, the Surveillance Personnel have been empowered to enter any such premises after giving reasonable opportunity to the owner/ occupier for the purpose of surveillance of instances of fever or cough or respiratory difficulty, enquire into or undertake physical examination as they think fit.
“Such persons shall be bound to cooperate and render all possible assistance to facilitate such surveillance, inspection, enquiry and examinations,” the provisions of newly promulgated Act stated.
The Surveillance Personnel, who will be designated by the Districts Magistrates of the respective districts, have been empowered to direct, arrange or put the suspected persons in Home Quarantine or escort them to an `Institutional Quarantine Facility or Isolation Facility’.
The Act made it mandatory for the Medical Officers in Government Health Institutions and registered medical practitioners including those of AYUSH, to notify suspected persons, who have travel history to COVID-19 affected countries or have complaints of fever, cough and respiratory difficulty, to the concerned District Surveillance Unit.
However, as per the Act, if the owner or occupier(s) of any premises or any individual suspected/confirmed with COVID-19, refuses to take measures for prevention or treatment including Home Quarantine/ Institutional Quarantine/ Isolation or refuses to cooperate with, render assistance or comply with the directions of the Surveillance Personnel, the District Magistrates, Additional DM, SDM or an Executive Magistrate, will invite the provisions of Section 133 of the Code of Criminal Procedure, 1973 (2 of 1974).
The Magistrates can also pass any other coercive action as they deemed necessary and expedient for enforcing the cooperation and assistance.
However, in case of a minor, such order will be directed to the guardian or any other adult member of the family.
“Anyone who contravened any of the provisions of these regulations or disobeys an Order and obstructs performance of functions, duties and responsibilities entrusted upon any Authority under these regulations, shall be deemed to have committed an offence under Section 188 of the Indian Penal Code, 1860 (45 of 1860),” the Act said.
Meanwhile, as one more case of Coronavirus was detected today in each J&K and Ladakh Union Territories, J&K Government banned public entry in Civil Secretariat and all HoD level offices in Jammu Division and also postponed trial test/learning test of the driving licences across J&K till March 31, as a precautionary measure.
While earlier in the day, Government of J&K said that only 2 positive cases of COVID-19 have been detected so far, J&K Government spokesman, Rohit Kansal tonight said that one more positive case has been detected in J&K.
“One more case confirmed positive. Travel history to Saudi Arabia. Had reported high viral load earlier. Total 3 positive cases now,” Kansal said in a tweet tonight.
Earlier, in the media bulletin on Coronavirus, J&K Government spokesman said that two positive cases have been reported in J&K so far while 176 persons have completed surveillance period. The spokesman said that 2478 travellers and persons in contact with suspected cases have been put under surveillance while as 2095 persons are under home quarantine.
“Persons who are in hospital quarantine stand at 29 and 178 persons are under home surveillance, he added. The spokesman said that 106 samples have been sent for testing, of which 98 were tested as negative and only two cases have tested positive, so far while as reports of six cases are awaited till March 16.
Though Ladakh administration today said that only three persons have tested positive for the dreaded virus, but the State/UT wise list of COVID-19 confirmed cases released by the Union Health Ministry showed 4 positive cases in Ladakh UT.
According to sources, a man of Kargil was today found positive but the Ladakh Government want to cross check his sample before officially declaring the case positive.
Meanwhile, a spokesperson of J&K Government said that as a precautionary measure against COVID-19, Public entry in Civil Secretariat and all HoD level offices in Jammu Division will remain ceased till March 31. He said the decision to this effect was taken in a meeting chaired today by Chief Secretary, BVR Subrahmanyam.
As a precautionary measure, Transport Commissioner, J&K, Pardeep Kumar, also issued an order directing all RTOs/ARTOs across the Union Territory to ensure that no trial test/learning test of the driving licences shall be conducted till March 31 and also notify a Helpline Number/Whatsapp Number for general public to address urgent issues of public importance regarding transport.
He further ordered RTOs/ARTOs to ensure that all the public transport operating in their territorial jurisdictions shall be sanitized with the prescribed disinfectants at regular intervals as prescribed by the Union Ministry of Health and Family Welfare.
They were also directed to ensure necessary briefings and sensitization of drivers/cleaners through their staff. The directions were also passed to RTOs/ARTOs to involve the presidents of Bus Stands/Sumo Stands/Auto Stands for awareness of their staff, drivers and cleaners.
Accordingly, ARTO Udhampur and ARTO Baramulla while issuing separate orders postponed all licence test (both learner and permanent licence) till March 31.
In Kishtwar district, DC Kishtwar ordered to restrict the entry of employes of NHPC, CVPP, JP, AFCON, Keeru & Kwar Project who are at present out of UT of Jammu Kashmir, till March 31. Besides, Chief Medical Officer, Kishtwar, Dr Ravinder Singh Manhas cancelled all kind of leaves of staff of the Department, except maternity leave.
“The staff already on sanctioned leave has been directed to resume their duties immediately in order to provide un-interrupted Medicare services to the general public,” the order of CMO Kishtwar read and added that no fresh case of leave (except maternity leave) shall be entertained by any controlling officer of Health and Family Welfare Department, district Kishtwar, till further orders.
As part of efforts to contain the spread of coronavirus, Udhampur district authorities today ordered immediate closure of all hotels till March 31 at the popular Patnitop hill resort. District Magistrate (DM) Piyush Singla asked the Hotel Management Authorities of Patnitop to ensure compliance of the directive in “letter and spirit”.
DM Udhampur also ordered suspension of the operation of langar/bhandaras, dhabas, bars, restaurants, hotels, food courts, road side eateries, shopping complexes etc and banned social, religious or ritualistic events, conferences, events and rallies/dharnas/protests involving more than four people till, March 31 in district Udhampur.
Reacting to closure of hotels in Patnitop, Kushal Magotra a hotelier questioned the decision saying when hotels were open in Jammu, Srinagar, Gulmarg, Pahalgam and other tourist resorts, there was no justification of closing them in Patnitop.
In Kashmir, the UT authorities today ordered closure of parks and gardens till further notice amid coronavirus scare. However, so far no person has been tested positive for Coronavirus in Kashmir valley, including Srinagar, where authorities have made elaborate measure, including sterilization drive launched by SMC in all public places, to prevent the spread of the disease.
”All Parks and Gardens in #Srinagar will remain closed till further notice. Cooperation of people in implementing precautionary measures is appreciated”, Deputy Commissioner, Srinagar, Shahid Iqbal Choudhary, said.
All parks and gardens, including famous Mughal gardens on the bank of Dal Lake, were sealed and tourists, besides locals were not allowed to go inside.
Meanwhile, Srinagar Major Junaid Azim Mattu said all Municipal and Floriculture Parks in SMC limits are being sealed for sterilization. “Pratap Park in city center has been sealed this morning. We are going to sterilize it. I request everyone to cooperate and try and stay away from all public parks for the time being,” he added.
In the meantime, District Magistrate Ganderbal Shafqat Iqbal issued prohibitory orders under section 144 CrPC to contain the spread of the novel coronavirus pandemic in the district. Restrictions are imposed on the assembly of four or more people in any public place and it will remain in place till March-end, according to an order.

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