Home Secretary
Government of India
North Block
New  Delhi

No. 40.6/2020-DM-1(A)

Dear Chief Secretary,

Kindly refer to Ministry of Home Affairs (MHA) Order No. No. 40-3/2020-DM-I(A) dated 22.04.2021, issued under the Disaster Management Act, 2005, for taking various measures to ensure uninterrupted supply of medical oxygen across the country.

2. In the said Order, it is prescribed that States/UTs to allow free inter-State movement of oxygen carrying vehicles; to ensure that no restriction shall be imposed on movement of oxygen between the States; no restriction shall be imposed on oxygen manufacturers and suppliers to limit the oxygen supplies to the hospitals of the State/ UT in which they are located; there shall be free movement of oxygen carrying vehicles into the cities, without any restriction of timings; supply of oxygen for industrial purposes, except those exempted by the Government, is prohibited with effect from 22.04.2021 till further orders; States/ UTs shall strictly abide by the oxygen allocation order dated 21.04.2021; and district authorities will be personally liable for implementation of these directions.

3. However, instances have been reported in some districts from different States and UTs, wherein oxygen carrying vehicles have been stopped. Such instances are not only in violations of the aforesaid MHA Order but also inhibits the timely supply of medical oxygen to the allocated State/ UT, and in turn affect treatment of COVID-19 patients.

4. The Hon’ble High Court of Delhi, in their Order dated 22.04.2021 in Writ Petition (Civil) No. 3031/2020, has taken note of such instance and has given directions to ensure strict compliance on the oxygen allocation order of Ministry of Health 8s Family Welfare dated 21.04.2021 and the Order of MHA, issued under Disaster Management Act, 2005 dated 22.04.2021. A copy of the Order of the Hon’ble High Court has been circulated to all States and UTs vide MHA letter of even number dated 23.04.2021 (copy enclosed).

5. I would therefore, urge you to issue suitable directions, to concerned authorities in your State/ UT, to ensure compliance with the MHA order dated 22.04.2021, of the directions given by the Hon’ble High Court, and to provide adequate security to oxygen transporting vehicles and to make provisions for exclusive corridors for such transportation, treating these vehicles like ambulances.

With regards,

Yours sincerely,

(Ajay Bhalla)

Chief Secretaries of All States

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May 2021