ESSENTIAL SERVICES
MAINTENANCE ACT, 1968 THE ESSENTIAL
SERVICES MAINTENANCE ACT, 1968 [Act, No. 59 of 1968] [28th December, 1968] An Act to provide for the maintenance
of certain essential services and the normal life of the community. BE it enacted by Parliament in the
Nineteenth Year of the Republic of India as follows:-- (1) This Act may be
called the Essential Services Maintenance Act, 1968. (2) It extends to the
whole of India: Provided that it shall not apply to the
State of Jammu and Kashmir except to the extent to which the provisions of this
Act relate to Union employees. (3) It shall cease to
have effect on the expiry of three years from the date of commencement of this
Act except as respects things done or omitted to be done before such cesser of
operation of this Act, and section 6 of the General Clauses Act,
1897, shall apply upon such cesser of operation of this Act as if it had then
been repealed by a Central Act. (1)?? In this Act,-- (a) "essential
service" means? (i) Any postal, telegraph
or telephone service. (ii) any railway service
or any other transport service for the carriage of passengers or goods by land,
water or air with respect to which Parliament has power to make laws; (iii) any service connected
with the operation or maintenance of aerodromes, or with the operation, repair
or maintenance of aircraft; (iv) any service connected
with the loading ,unloading, movement or storage of goods in any port; (v) any service connected
with the clearance of goods or passengers through the customs or with the
prevention of smuggling; (vi) any service in any
mint or security pras (vii) any service in any
defence establishment of the government of India; (viii) any service in
connection with the affair of the Union; not being a service specified in any
of the foregoing sub-clauses; (ix) any other service
connected with matter with respect to which Parliament has power to make laws
and which the Central Government being of opinion that strikes therein would
pre judicially affect the maintenance of any public utility service, the public
safety or the maintenance of supplies and services necessary for the life of
the community or would result in the infliction of grave hardship on the
community may, by notification in the Official Gazette declare to be an
essential service for the purpose of this Act; (b) "strike"
means the cessation of work by a body of persons employed in any essential
service acting in combination or a concerted refusal or a refusal under a
common understanding of any number of persons who are or have been employed to
continue to work or to accept employment, and includes? (i) refusal to work
overtime where such work is necessary for the maintenance of any essential
service; (ii) any other conduct
which is likely to result in or results in, or results in, cessation or
substantial retardation of work in any essential service. (2)??? Every notification issued under sub-clause
(ix) of clause (a) of sub-section (1)shall be laid before each House of
Parliament immediately after it is made if it is in session and on the first
day of the commencement of the next session of its House if it is not in
session, and shall cease to operate at the expiration of forty days from the
date of its being so laid or from the re-assembly of Parliament, as the case
may be, unless before the expiration of that period are solution approving the
issue of the notification is passed by both Houses of Parliament. Explanation.--Where the Houses
of Parliament are summoned to re-assemble on different date the period of forty
days shall be reckoned from the later of those dates. (1) If the Central
Government is satisfied that in the public interest it is necessary or
expedient so to do, it may, by general or special Order, prohibit strikes in
any essential service specified in the Order. (2) An order made under
sub-section (1) shall be published in such manner as the Central Government
considers best calculated to bring it to the notice of the persons affected by
the Order. (3) An Order made under
sub-section (1) shall be in force for six months only, but the Central
Government may, by a like Order, extend it for any period not exceeding six
months if it is satisfied that in the public interest it is necessary or
expedient so to do. (4) Upon the issue of an
Order under sub-section (1).? (a) no person employed in
any essential service in which the Order relates shall go or remain on strike; (b) any strike declared
or commenced, whether before or after the issue of the Order, by persons
employed in any such service shall be illegal. Any person who commences a strike which
is legal under this Act or goes or remains on, or otherwise takes part in, any
such strike shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to two hundred rupees, or with
both. Any person who instigates, or incites
other persons to take part in or otherwise acts in furtherance of, a strike
which is illegal under the Act shall be punishable with imprisonment of a term
which may extend to one year, or with fine which may extend to one thousand
rupees, or with both. Any person who knowingly expends
or supplies any money in furtherance or support of a strike which is illegal
under this Act shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or
with both. Notwithstanding anything contained in
the Code of Criminal Procedure, 1898, any police officer may arrest without
warrant any person who is reasonably suspected of having committed any offence
under this Act. The provisions of this Act and of any
Order issued thereunder shall have effect notwithstanding inconsistent
therewith contained in the Industrial Disputes Act, 1947, or in any others law
for the time being in force. (1) The Essential
Services Maintenance Ordinance, 1968, is hereby repealed. (2) Notwithstanding such
repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under this Act, as if this Act had come into
force on the 13th day of September, 1968. Statement of Objects
and Reasons - ESSENTIAL SERVICES MAINTENANCE ACT, 1968 STATEMENT
OF OBJECTS AND REASONS (1) The Bill seeks to
replace the Essential Services Maintenance Ordinance, 1968, by a temporary Act,
It has always been the endeavor of Government to provide comprehensive and
positive arrangements for the consideration of the legitimate problems and
grievances of its employees. Nevertheless, in the prevailing circumstances,
Government consider that they should continue to have powers to meet any
situation which may be created by attempts similar to those made on the eve of
the 19th September and to ensure the maintenance of essential services and the
normal life of the community. (2) The Bill is only an
enabling measure. It defines "essential service" which, inter
aiia" includes any service declared as such by notification by the Central
Government. The Bill makes suitable provisions for the laying of such
notifications before Parliament. The Bill authorises the Central Government to
prohibit strikes in essential services and declares prohibited strikes to be
illegal and provides for penalties for persons participating in such strikes as
well as for persons instigating and financing such strikes.
Preamble 1 - ESSENTIAL SERVICES MAINTENANCE ACT, 1968PREAMBLE