Clarification sought from DOPT and CBIC on methods of MHA order implementation

Ref. No: MOS(P)/01/2020 Date: 16.04.2020


To
Dr. Jitendra Singh,
Hon’ble Minister of State for Personnel Public Grievances and Pension,
New Delhi.

Sir,
Sub: Clear instructions regarding opening of offices from 20.04.2020 requested to be issued – reg.

In the detailed guidelines issued by The Ministry of Home Affairs vide Order No. 40-3/2020-DM-I A dated 15th April 2020 for relaxations in the extension of the lock down from 20.04.2020 in order to contain COVID -19 para 18 (2) stipulates offices would function with 100% attendance of Deputy Secretary level and above officers and with up to 33% of remaining officers as per requirement.

With regard to the above, it is requested that orders may kindly be directed to be issued from the DOPT as to the ‘actual requirement’, of each department, which does not get covered under the Essential Services, considering the following aspects:

(1) The requirement of each department and wing of each department which is absolutely essential in these circumstances;

(2) The difficulties in uniformity in operations in all zones, considering that some offices will be located in, or officers will be staying in, the containment zones mentioned in the MHA order and subsequently demarcated as Hot spots by the Ministry of Health and Family Welfare vide DO. Letter D-2-21020/16/2020-PH dated 15.04.2020 addressed to all Chief Secretaries of the States and UTs;

(3) In the absence of public transport, many officials and staff will not be able to reach their offices, even outside the containment zones;

(4) Whether in respect of all employees required to attend office, in the absence of public transport, departments will be able to provide sanitized vehicles, maintaining social distancing standards and also procuring Curfew pass or any such documents as required under the Disaster Management Act, 2005;

(5) The necessity stipulated in the MHA order regarding sanitisation of the offices after each shift and making all provisions to ensure that opening of offices do not lead to the pandemic to spread in any way because diversified practices not consistent with the MHA guidelines could put the officers, their families and communities at risk;

(6) When work could be accomplished by work at home, whether the risk of opening of offices and consequently compelling contingent employees and canteen staff also to come to offices would be required;

(7) Section 55 of the Disaster Management Act, 2005, deems it an offence if any violations take place without due diligence.

In the absence of a clear order covering the above aspects, it is feared that field level officers and separate departments may interpret ‘requirement’ in a subjective manner according to the understanding of only the performance of their respective departments or even personal APARs, thus leading to confusion and violation of the lock down orders.

Thanking you,

Yours truly,

-sd-

(R. Manimohan)
Secretary General
AIACEGEO

Copy submitted to:
(1) The Secretary, DOPT, North Block, New Delhi.

(with a request for issue of necessary orders in this regard)

-sd-
(R. Manimohan)
Secretary General
AIACEGEO



(2) The Chairman, CBIC, North Block, New Delhi:-

(with a request that considering the submissions in the above letter, until any orders are issued by the DOPT in the above regard, necessary orders may kindly be issued to maintain status quo with regard to the functioning of our department considering that (i) Customs has already been functioning full-fledged and (ii) CGST activities requiring helping the trade and industry like sanction of refunds, Registration and cancellation of registration have been successfully accomplished by our members through work from home, even using their own lap tops or computers, wherever departmental supply could not meet the present urgent requirements and this has been accomplished even prior to the statutorily stipulated time limits, as acknowledged by the CBIC. Hence, at this juncture, if the field officers involve in any other routine activities like anti-evasion, audit, etc, it could cause distress to the trade and industry and prove counter-productive)

(R. Manimohan)

Secretary General

AIACEGEO