Collector / District Magistrate
APPLICATION U/Sec. 2 OF EPIDEMIC DISEASES ACT, 1897 AND Sec. 12 OF NATIONAL DISASTER MANAGEMENT ACT, 2005 FOR GRANTING COMPENSATION TO THE APPLICANT FOR THE LOSSES CAUSED TO HIM DUE TO LOCKDOWN AND OTHER RESTRICTIONS.
1. Name: ___________
2. Age: ___________
3. Address: __________
4. Occupation: Business/Professional/farmer etc.
5. Losses Estimated: Around _____ Lacs/Crores during period of _____ April 2020 to _____July 2021
6. Description of the business and losses: You can give letters/affidavits/photos/videos/bank statements of yourself, friend, etc.
7. Legal Position: (i) Section 2 of Epidemic Diseases Act, 1897 reads thus;
“[2. Power to take special measures and prescribe regulations as to dangerous epidemic disease.—(1) When at any time the 2 [State Government] is satisfied that 2 [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the 3 [State Government], if 4 [it] thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as 4 [it] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
(ii) Section 12 of the National Disaster Management Act, 2005 reads thus;
“12. Guidelines for minimum standards of relief. —The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,—
(i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood;
(iv) such other relief as may be necessary.”
8. Additional: No excuse available to the Government because the Government is paying full salary to all the Government officials, leaders/Ministers/MLAS/MP’s etc.
Everything is going smooth except the common man’s livelihood.
Hence Government cannot take any defence for not providing compensation to the common man. In fact it is responsibility, duty and obligation of all the Chief Ministers, Ministers, Prime Minister.
Note: – Earlier in Pune Plauge during period of 1896 to 1918 the British Government provided compensation to the public for losses caused due to measures taken by British Government.
Link:- https://indianexpress.com/article/research/how-oppressive-containment-measures-during-poona-plague-led-to-assassination-of-british-officer-6450775/?utm_source=whatsapp_web&utm_medium=social&utm_campaign=socialsharebuttons “The medical officers were supplied with cash advances and had instructions to pay compensation for any articles belonging to plague patients that may have been destroyed in the process.
“It was found at the beginning of the operations that rather too many articles were at times destroyed as rubbish. Orders were accordingly issued on March 26 to Officers commanding limewashing divisions to visit, if possible, all houses to be limewashed and to decide what should be destroyed in each. It was also laid down that when a property of any value to the owners was destroyed by limewashing party, the Officer commanding the division should note the approximate cost of replacing what had been destroyed in order that compensation might afterwards be paid. In practice nothing was destroyed after the first fortnight of the operations except in the presence of an officer,” reads the report.
It was at this backdrop that Bal Gangadhar Tilak wrote in Mahratta, his English newspaper: “Plague is more merciful to us than its human prototypes now reigning the city. The tyranny of the Plague Committee and its chosen instruments is yet too brutal to allow respectable people to breathe at ease.” No doubt that the regulations and measures as they were imposed in Pune were the most stringent among all the cities afflicted by the pandemic. In fact, Antony MacDonnel, Lieutenant-Governor of the North-Western Provinces, had observed in a July 1897 communique that “If the plague regulations had been enforced in any city of these provinces in the way in which …they were…enforced in Poona, there would have been bloodshed here.”