Nagaland CS notifies on penalties for violating lockdown rules

 Nagaland’s state capital Kohima during lockdown period. (Morung Photo)

 

Our Correspondent

Kohima | May 5

 

Nagaland Chief Secretary, Temjen Toy has notified the penalties for certain offences and violation of lockdown measures.

In order issued on May 4, the Chief Secretary, also highlighted the nature of offences and penalties under Section 51 to 60 of Disaster Management Act, 2005.

 

Obstruction, non-cooperation

Anyone obstructing or not cooperating with any officer or employee of the Central Government or the State Government, or a person authorized by the National Authority or State Authority or District Authority in the discharge of duties will be liable for punishment of prison term upto 1 year or fine or both.

If such 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.

 

False claim

Falsely obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster will be punishable with imprisonment for a term which may extend to two years, and also with fine.

 

Misappropriation of money or materials

Anyone misappropriating money or goods, meant for providing relief will be punishable with imprisonment for a term which may extend to two years, and also with fine.

 

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

 

Offences by departments of the government

Where an offence under this Act has been committed by any department of the Government, the Head of the Department shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

If the offence 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 shall be liable to be proceeded against and punished accordingly.

 

Failure of officers on duty

Any officer who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.

 

Contravention of any requisitioning order

If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

 

Offence by companies

If an offence is committed by a company, every person in charge at the time the offence, shall be liable to be proceeded against and punished accordingly.

This is provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was  committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.

If it is proved than an offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be liable to be proceeded against and punished accordingly.

 

Previous sanction for prosecution

No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorized in this behalf by general or special order, by such Government.

 

Cognizance of offences

No court shall take cognizance of an offence under this Act except on a complaint made by a designated authority of any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence.

 

Section 188 IPC

Disobedience to any order duly promulgated by public servant leading to obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, will be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both

If such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.