THE EAST PUNJAB ESSENTIAL SERVICES (MAINTENANCE) ACT, 1947

. gast Pb- Act XH] ESSENTIALS o 1947 ¢ (MA[NTENANCZ‘;“CES 131 5 EAST PUNJAB ESSENTIA THE & AINTENANCE) ACT. {5ERVICES TABLE OF CONTENTS. Sectlm“s' Short title, extent and commencement. Interpretation. Employment éo which this Act applies. Power to order persons enga; i i remain in specificd ateas. gaged in certain cmployments 1o Offences. Regulation of wages and conditions of service Penalties and procedure. ’ Bar of legal proceedings. Effcct of orders, rules, gtc., made under this Act. Re>eal C O X N A N W = 47:East Pb. Act XIIT] ey SERV] CEg (MAINTENA NCE) 133 'THE EAST PUNJAB ESSENT) AL SE (MAINTENANCE) ACT, |g41 FRVICES EAst Puniap Acy XTI op jved the assent of His Exce!, [Recg;fi[eral of India on the 124, Decgmber, 194 first published in_the Eqgst Punjab G Gazette (Extraordinary), dareq the 13 December, 1947.] 19 1947, lency the 1 2 3 ‘ 4 Year | No. Short title | Whether repealed or otherwise affected by legislation 1947 .. | XIII The East Pup,iab Amended in part by the Eagt Punjab . Essential Services Act XXXVII of 1948 1 (Maintenance) Act, Amended in part by the Adaptation 1947 of Laws Order, 1950 Extended to the territories which were comprised in the state of Patiala and East Punjab States Union, by Punjab Act 23 of 1940,2 Amended by the Punjab Reorgani- sation (Chandigarh) (Adaptation of Laws on State and ConCurrent Subjects) Order, 1968 An Act to make Provisions for the maintenance of_ certain essential services. It is hereby enacted as follows :— L.~ (1) This Act may be called the East Punjab Es- Short e, et sential Services (Maintenance) Act, 1947. ment. (2) It extends to the whole of the 4[Union territory of Chandigarh). (3) It shall come into force at once. 2. In this Act, unless there is anyth‘ing repugnanltoili Interpretation. the subject or context, “Employment 1nclu1<]le:i§mp y ment of any nature and whether paid or unpaid. i Gazette 'For Statement of Objects and Reasons, see East {)’i:'ul;befé’a":t’ %';J"aib [ (& SIraordinary), 1947, page 45 ; for proceedings llél i\gsiem Y, fative Assemply Debates, Volume I, 1947, pages 18-19.7 P t Gazette ( *For Statemznt of Objects and Reazgns, -V:%]Ez’f ' {g,’-nfigcei?i';g”iz"fé;mbly Ex i 4th October, 1948, pag ; ages 206-07. Jee gmrgmggg, Lctlaztigf:ttlivg Agembly’ Debates, 1948, Volume I1I, pag i ent Gazette *For Statement Hf Objects and Reasons, see Punjab G°"°mnf o (Extra-ordihary) 1960, page 594. . Puniab Reorganisation (Chan (Substitufed Tor the word “punjab” by the Punj brects) Order, 1968 84 (Adaptation of Laws on State and Copcurrent Subj 134 ESSENTIAL SERVICES [ 1947: East 'Pl'b. Act XINT (MAINTENANCE) - ly to all employment under the 3. This Act shall:r]:gt}(’) Oy employment ot class of Central Goverm%nent],1 being of ini lass of employment is ion that such employment or © : 33;131@1 for securingpthe public safety, the maintenance of public order, health or sanitation, or for maintaini-g i i i the com- lies or services necessary for the life of izlgll:itlismay, by “notification in the Official Gazette, declare to be an employment or class of employment to which this Act applies. Employment to whieh this At 11Central Government] RPRSE employment which the [ Fomer. {0 _ order 4. (I) The '[Central Government] or an officer autho- P onain ey rised in this behalf by the ?[Central Government] may in re- in certain employ- < meats to remain spect of any employment or class of employment to which in specified areas. Section 3 applies, by general or special order, direct that any person or persons engaged in such em- ployment shall not depart out of such area or areas as may be specified in such order. (2) An order made under sub-section (Z) shall be published in such manner as the Government or officer making the order considers best calculated to bring it to the notice of the persons affected by the. order. 5. Any person engaged in any employment or class Offences. B > A of employment to which this Act applies who— () disobeys any lawful order given to him in the course of such employment, or (b) without reasonable excuse abandons such em- ployment or absgnts himself from work, or (c) departs from any area specified in an order under sub-section (1) of section 4 without the consent of the authority making the order, : *Substituted for the words “State Govern; o j isati . r ment” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrint Subjjecls) Ordegra, 1968. *See East Punjab Government Notification No. 9347-PG-48/50258, dated 7th September, 194! i ) visions of this Actsapg{: 3&“‘ classes of employment were added to which the pro | - . I ] gs . EflSt Pb. Act X SENTIAL SERYy, a7 (MAINTENAN(I:CE')SS 135 4 any employer of a person engage 19 d in 5 N em | and “<s of employment declared under seqtjo aPl0Oyment 0f1°llzym€flt to which this Act applies, 3‘111 3 to'be gap ?:alsjoflable cause— Withoyt i) discontinues the employment E,-,)-) by closing an establishmen inf»svlfi?? Person, or son is engaged, cayses the discontj er- his employment, Nuance of is guilty of an offence under this Act. Derson g that by continuing in his employment po will &péilfigggg to increased physical danger is not g Teasonable exg within the meaning of clause ). e Explanation II. A person abandons within the meaning of clause ) that it is an express or impli?d term of his ¢ 6. (I) The [Central Government] may make rules Regulation of regulating or empowering a specified authority to regulate (f28es and condi. wages and other conditions of service of persons or of any ) class of persons engaged in any employment declared under section 3 to be an employment or class of employ- ment to which this Act applies. (2) When any such rules have been made or when any directions regulating wages or conditions of service ave been given by an authority empowered by such rules 0 give them, any” person failing to comply therewith is 8uilty of an offence under this Act. i nd pro. .1+ (I) Any person found guilty of an offence under Penaltes a this Act sha]] 03’1 gonviction by a competent crmun.a}lmm‘;’y“ ee Punishable with imprisonment for a term whu:fille Mend to #three years] and shall also be liable to 1me. — - - njab_Reorgani- Stion (Chgigbsmuted for the words “State Government™ by the Punj Ocder, jects) 1963, '8arh) (Adaptation of Laws on State and Concurrent Subj 1948, Suhe ab Act, XXXVII of etion “!2’(52)!."“" for the words “one year” by East Punjab A 136 ESSENTIAL SERVICES 1947 : East Pb. Act XIy) (MAINTENANCE) ~d of an offence the person accus under this Q:tvizhgrecomp%y or -other bod}}f, Coflzfirate, ever director, manager, secretary Or other officer thereof shaf], nless he proves that the offence was committed withy; unles p at he exercised due diligence to pye. i th : : lv“eitkt'fi?zffign?is‘;fon of the offence, be liable to the punigh. ment provided for the offence. 3) No court shall take congizance of any offence unde(r %his Act except upon complaint mlwrltmg made by a person authorised in this behalf by the'[Central Govern. ment]. 4) Notwithstanding anything contained in the Code of Cl(-irzlinal Procedure, 1898 (V of 1898), an offence under this Act shall be cognizable. ?[(5) Any magistrate or bench of magistrates em- powered for the time being to try in a summary way the offences specified in sub-section (Z) of section 260 of the Criminal Procedure Code, 1898, may, if such magistrate or bench of magistrates think(s) fit, on application in this behalf made by the prosecution, try any offence under this Act in accordance with the provisions contained in sec- tions 262 to 265 of the said Code.] Bar of legal 8. No suit, prsecution or other legal proceedings Proceedings. shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. Eglfi, "efw.,of.fifisé 9. Any declaration, order, rule or regulation made under this’act. ~ 20d any direction given under this Act shall have effect notwithstanding anything contained in any law other than this Act. Repeal Qo Qg 10. The East Punjab Essential Servi Mainten- sance No. VIII ance) Ordainance, 1947, ‘is hereby repeale&ilces ( *Substituted for the words «Staf d ji anisation (Chandigarh; aptati Lage oamgu” by the Punjab ot aniati 19(68. ig; )(Ad'tptallonv of Laws on Sigle Covernment Subjects-