The Essential Services Maintenance (Assam) Act, 1980

~- r·rhe ~-· Assam Gazette ·'--~~""~--:· ~~ t em1EJR<1 EXTRAORDINARY .r ----- -· -- -- ---------:-:- - ~---- -- PI~ . 39 f~~'1~, "tr;nr~ . 19 \Sf""-~1~, 1980, 28 ~l~l<l, 1902 (ir:,<i•) No. 39 - 1)j sp11r , Saturday , 19th July !980, 28th Asadba , 1!102 (3. !L) - ----- ~-----·--·- ---- ------ r_ .... _.,.._ - &-...JVUNJVf~~N'f fW .~,s'~- l\ - · ORDERS · BY THE GOVERNOR LEGISLA'li'IVE DEPARTMENT NOTIFICATION The 18th J uly 1980 ~ Ne.LGL.12/78/120 :- The following Act made by the Pr~si- . cihmi and published in the Gazette of I ndia Extraordinary, Part II of Seiltion I, dated 19 th J uly 1980 is republished for general information. The Essential Services Maintenance (Assam) Act1 1980. U. TAHBILDAR, Secretary ti) the Govt. of Assam , Legislative Department. Parliament Act No. 41 of 1980 19th July THE ESSENTIAL SER VICES ANCE (ASSAM) ACT, 1980 ' .& [Received t;, ~ t on ~~y, 1980.] to provide for th1 Maintenanc~~ailJ essential services anJ th1 normal lffe of the community in Assam Be it enaiCJi tU e~ty~rst Year of the Re- public of India as follows:- · Short title 1. (1) This Act ~.i--alled the Essen- and extent. ,, -1"'1?1Vm10° tial Services Maintenance (Assam) Act, 1980. YRAVllQRQAr ~!RI' (2) It extends to the whole of the State of Assam. YTVl0BTU~ ' D efipi!fo.A.s • , F ~Hi 1 . ~n @i~ ~'it· unless the context .cdhr~ .:.Pt erw1 e reau1re .- ~"' " "' " ~ '{~U t l _ {a) "apprQ.prig,_te Government" means- ' (i) in relation to any service connec- ted with matters relatable to any of the entries'enUmerated in List I in the Seventh Sc1*9.9le to the Consrtitution, the Central Government; . (ii) in relation to any service connec­ ted wi1th matters relatable to any of the entries enumerated in List II in the - r?.·1 ·1q Seventh Schedule to ithe Constitution, the to r State Government of Assam; and .! (iii) in relation to any service connec­ ted with matters relatable to any 9f the entries enumerated in List III in the Seventh Schedule to the Constirtution, the / Central Government and the State Governmernt of Assam; (b) "essential service" means- (i) any postal, telegraph or telephone service; (ii) any railway service or any other -ft<lift§pOOB !SE!t~~re~l~r 'l:~hgoiWiffr~d~ of I passengers Or goods by lan~~~'Peff Or air; i 9rlt (4fi.Mwan~1 §t?M<ee reo'Yili~e~drrrwfth the ILitra~lra#~ :t&i,6adl11grxWr~bcfil~; 1 ' 9ffJ IO VJ!.6 11.f b9ft_b9q2 9'.)IV"J92 f:) (iv) any service 2@6Hn~ct'i!R with the , operation or mail),tenance, of aerodrqmes rl~·wrnitPttm~oqg~rh"fi&i, 'I:flepair or main­ j If@ffittU:es fff riHWWl:N: 1 '.J"' • · L~,8 '3rlt lo v.Idm9~ · (v) any service connected with the clearance of goods or passengers through · the _customs or with the preven1tion of · snniggling; · (vi) any service in any establishment of, or connected with the ·armed forces of tlfe Union or in any oither establishments ·or installations connected with defence; . (vii) any service in any secition of any industrial establishment or undertaking,on the working of which the safety of such establishment or underitaking or the em­ 'plbyees ~efnployed therein depends ; (viii) any service in, or in coonection with, the working of any undertaking ·owned on controlled by the Government being an undertaking engaged in the purchase, procurement, stor­ age, supply or distribution of foodgrains ; (rx) ·any service in any system of public conservancy or sanitation ; _(x) any service in connection with or in relation to banking ; ('xi) any service in any establishment or undertaking dealing with 1the production, supply and distribution _of coal; (xii) any service in any oilfield or re­ finery or jn any es'cablishment or u nder­ taking dealing with ithe production, supply - -196 ·THE ASSAM GAZETTE, EXTRAORDINARY; JULY..J9~ · 1SJ.,0., --- -··- . -·--_,.---~ . . or distribution of leum producits; petroleum and petro- :...~ ~~ ~ ... ~:?:I.~:;T~·-· · 1 (xiii) any service in connection with the · affairs of the Uni.on or 1the State of Assam not being a service specified in any of the foregoing sub-clauses ; (xiv) any other service connected with matters with respeot to which Parliament or the Legislative Assembly of the S·tate of Assa1n has power t o make laws and which the Central Government or 1the Govern­ ment of Assam, as the case may be, being of opinion thart strikes therein. would pre­ iudicially affect t he maintenance of any public utility service, the public safety or the maintenance of supplies and services necessary for the life of the community or wou]d r esult in the infiiction of ~rav(:') hardship on the community, :may, by n cti­ fication in the Official GazetLe, decla.re to be an essenti CJ l service for the purpo::;es of this Act ; ,. 1 '' '""'"~- (c) "strike" means the cessation of work by a body of persons employed in any es­ sential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or who have been so em­ ployed to continue to work or 1to accept employment; and includes- · (i) refusal to work overtime where such work is necessary fo r the maintenance of any essential service; (ii) any other conduct which is likely to result in, or results in, cessation or sub­ stantial retardation of work in any essen­ tial service. (2) Every notification issued under sub­ dau~e (xiv) of Clause (b) of sub-section (1) s11all be laid before each House of Parlia­ nieni immedia1 ely after it is made if it J.g ' tltE .·A-SSAM GAZETTE, EXTRAORDINARY, JULY 19, 1980 197 . ·~ . .:.~_. - ~· . ,.__ _ : .. . -· _...,.-.-__. -------- in session and on the first day of the com­ mencement of the next session or the House if i1t is not in session, and shall cease ·to operate at the expiration of forty days from 1the 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 a resolution 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 dates, the period of forty days shall be reckoned from the later of those dates. (3) Any rererence in this Act to any law which is not in force in any area of the State of Assam and to any authority under sv.ch law $hall, in relation to that ate.a, ·be const rued ;:is a reference 1 o the ~ corresponding law in force in th at area and to the corresponding authority under .such corresponding _law_ - ~;~~~~;~8 · 3. ( 1) If the appropriate G overnment strikes in ~er•is satisfied that in the public interes ~ i t is tail!. eMpl•y· - d · J • b mH.ts. necessary or expe 1ent so to no, it m ay, y general or special Order, prohibit st rikes ip t_he Sta1te of Assam in any essenti.ci l ser­ yice specified in the Order. · (2) An Order made under sub-section .(1) shall be published in such manner as the appropriate Government considers ·best calculated to b ring it t_o the notice bf the persons affected by the Order. (3) An Order made under sub-section ·• ·(1) shall be in force for six months only, · _but the appr opriate Gover nmr-:n t m ay, by · «i Jike Order extend it for any period not exceeding six m onths if it is satisfied that ·:. ·· in the public in <erest it is necessary or expedient so_ to do. 198 THE ASSAM GAZETTE, EXTRAORDINA~A~y-~980 - - - ~..:-,;;_...~-.. ~ ":";;,7 (4) Upon the issue of an Order und~r . sub-section (1),- (a) no person employed in ·any essential service to which the Order relates shall go or remain on strike; (b) any strike declared or commenced whether before or afte·r •,the issue of the Order, by persons emp~oyed in any such service shall be illegal. Dismissal of 4. Any person who commences a strike employee !>a• h. h · ·11 1 d h. A . · rticip 3 ting in W lC lS l ega Un er t lS Ct. Ot goes Or illegalstr·kes.remains on, or otherwise takes part in any Penalty for illegal strikes Penalty ior ins tigation etc. Penalty for giving finacia aid tn illegal stri l, cs. such strike shall be liable to disciplinary ac'-ion (including dismissal) in · accor­ dance with the same provisions as · are applicable for 1the purpose of taking such disciplinary action (inclu<ling clismissal) on any other ground under the ter-ms and conditions of service applicable to him in relation to his employment. 5. Any person who commences a strike which is illegal 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 ex­ tend 1to six months, or with fine which ni.ay extend to one thousand rupees, · or witfi both. 6. Any person who instigates or incites other persons to take part in, or otherwise acts Jn furtherance 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 exitend to two thousand ru13ees, or with both. -- . ' - -·- ·--·- ---- . ' 7. Any person who knowingly exp~nds or supplies any money in furtherance or support of a strike which is ilJega] under this Act shall be punishable with imndson· ment for a term which may extend to one year, or with fine which may extend ta two thousand rupees, or wi1th both. tm ASSAM GAZETTE, E.xrR.AoRDtNAR.Y, JtiLY 19, 19~~ _rn·9· Power to. h 8. Notwithstanding anything contained arrest Wit •. • • • out warmit.m the Code of Cnmmal Procedure, 1973, 2 or 1974. Oft'cnccs t• be tried 1111mmatily any police officer may arrest w~thout warrant any person who is reasonably suspected of having committed any offence under 1this- Act. 9. N otwithsta-nding anything contained in the Code of Criminal Procedure, 1973, all aff ences under ·this Act shall be tried in a summary way by a Judicial Magis­ trate of the first class specially empowered in this behalf by the appropriate Govern­ ment and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, appl'y to such trial: Provided that in a case of conviction for any offence in a summary trial under this seotion, it shall be lawful for the Magis­ trate to pass a sentence of imprisonment for any term for which such offence is punishable under this Act. 2 of 1974, Act to ever- 10. The provisions of this Act and of ride ether Jaw•. any Order issued thereunder shall have effect notwithstanding any1thing inconsis- tent therewith conitained in the Industrial Disputes Act, 1947, or in any other law 14of 1947. for the time being in force. 1t•~·1 and 11. (1) The Essential Services Main- •aviag tenance (Assam) Ordinance, 1980, is here- · 2 or 1980. by repealed. (2) Notwithstanding such repeal, any- thing 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 6th day of April, 1980. N. SANJIVA REDDY, President. r'Y ~ ... ~_.,......-; _ _.... ___ --~ - :- R. V. S. PERI SASTRI, Secy. to the Govt. of India. ----· GAUtlATI-Printed and published by the Supdt. i'c., Assam Govt. Printiag Press (Ex-Gazette) No.79-906-25- 500-19-'.7-1880. /