The Essential Services Maintenance Ordinance, 1981

~ 0 211 No. 21J 3fmim-ot' EXTRAORDINARY mirll~l PART II-Section 1 ~:nfocliT~ ~ 'Sl'ctiTf~H'{ PUBLISHED BY AUTHORITY ~·f f'-lc:~r, ~r .. ~1r, ii!<'l'lf 26 1 1981 /~l<l'.1J'f 4, 190 3 NEW DELHI, SUNDAY, JULY 26, 1981 /SRAV ANA 4, 1903 ~ ~TT~ ~~ hf..i· tr1;o ~f~tfT <fl iiITTft t hrn1.~ f<ii ~ 3@11' ~ "<1~ ~If ef-~ ill ri t ~eparate paging is given to this Part in order that ii may be filed as z. separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 26th July, 1981/Sravana 4, 1903 (Saka) THE ESSENTIAL SERVICES MAINTENANCE ORDINANCE, •• • ~rg8r ~ •• ··- •••• ··-·· • No. ro OF rg8r ""' ~•---• · • ~,w_,_ Promulgated by the President in the Thirty-second Year of the Republic of India. An Ordinance to provide for the maintenance of certain essen­ •tial services and the 11.ormal life of the community. WHEREAS Parliament is not in session and the President is satisfied tha~ circumstances exist which render it necessary for him to take immediate action; Now, THERF:FORF:, ip exercise of the powers conferred by clause ( 1) of article 123 of the Constitution, the President is pleased to promulgate the ,allowing Ordinance: -- • 1. ( 1) This Ordinance may be called the Essential Services Maintenance Ordinance, 1981. (2) It extends to the whcile of India: Provided that it shall not apply to the State of Jammu and Ka:shmir in so( far as it relates to any essential service connected with matters with respect to which Parliament has po power to make Jaws for that State. (3) It shall come into force at once. Short title, extent and com• mence­ ment. Defini­ tions. 2. ( 1) In this Ordinance, unless the context otherwise requires,­ (a) ''essential service" means- (i) any postal, telegraph or telephone service, including any ser­ vice connected therewith; (ii) any railway -service or any transport service for the carriage of passengers or goods by air or any other transport service for the carriage of passengers or goods by land or waiter 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, rep:iir or maintenance of aircraft, or any service in the International Airport•s Authority of India constituted under section 3 of the International Airports Authority Act, 1971; 43 of 10■ (iv) any service in, or in connection with the working of, any major port, including any service connected with the loading, unload- ing, movement or storage of goods in any such 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 es-tablishment of, or connected with, !he armed forces of the Union or in any other establishments or installations connected with defence; ( vii) any service in any s·ection of any industrial undertaking per­ t,aining to a scheduled industry on the working of which the safety of such undertaking or the employees employed therein depends; Explanation.-For the purposes of this sub~dause, the expressions "industrial undertaking" and "scheduled industry" shall have the mean­ ings respectively assigned to them in clauses ( d) and (i) of section 3 of the Industries (Development and Regulation) Act, 1951; 65ofl. ( viii) any service in, or in connection with, the working of any undertaking owned or controlled by the Central Government being an undertaking engaged in the purchase, procurement, storage, supply or distribution of food grains; • (ix) any service in, or in connection with the working olf, any system of public conservancy or sanitation, hospitals or dispensaries in any· Union territory, cantonment area or undertaking owned or con­ trolled by the Central Government; (x) any service in connection with or in relation to banking; (xi) auy service in any oilfield or refinery or in any establishment or undertaking dealing with the pr.oduction, supply or distribution of petroleum and petroleum products; (xii) any service in any mint or security press; (xiii) any service in connection with elections to Parliament or to the Legislatures of the States; (xiv) any service in connection with the .affairs of the Union, not being a service specified in any of the foregoing sub-clauses; (xv) any other service connected with matters with respect to which Parliament has power to make laws and which the Central Government being of opinion that strikes therein would prejudicially 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 purposes of this Ordinance; • ( b) "strike" means the cessation oif work by a body of persons em­ ployed 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 so employed to continue to work or to accept employment, and includes- (i) refusal to work overtime where such work is necessary for the mc1intenance of any essential service; (ii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any essential service. (2) Any rcforence in this Ordinance to any law which is not in force in any area ,and to any authority under such law shall, in relation to that area, be cons­ trued as a reference to the corresponding law in force in that area: and to the . corresponding authority under such corresponding law, (3) Every notification is,sued under sub-clause (xv) of clause (a) of sub-. section (1) shall be laid before each House of Parliament immediately afoer it is made if it is in session and on the first day of the commencement of the next session of the House if it is not in session, and shall cease to operate at the expira­ tion 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 a reso­ lution approving the issue of the notificiation is passed by both Houses of Parlia­ ment. EX1planation.-Where the Houses of Parliam.ent are summoned to re-assemble on different dates, the period of forty days shall be reckoned from the later of those dates. 3. (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 i.n 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 pers..:ms 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. Power to prohibit strikes in certain employ­ ments. Dismiss a} of employees participat­ ing in illegal strikes. Penalty for illegal strikes. Penalty for instiga­ fam, etc. Penalty for giving financial aid to illegal strikes. Power to arrest without warrant. Offences to be tried summarily. ( 4) Upon the issue of an Order under 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 ,after the issue of the Order, by persons employed in any such service shall be illegal. 4. Any person,-- (a) who commences a strike which is illegal under this Ordinance or goes or remains on, or otherwise takes part in, any such strike; or (b) wb,) instigates or incites other persons to commence, or go or remain on, or otherwise take part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as me applicable for the purpose of taking such disci­ plinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment. 5. Any person who commences a strike which is illegal under this Ordi­ nance 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 one thousand rupees, or with both. 6. Any person who instigates or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this Ordinance shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand mpees, or with both. 7. Any person who knowingly expends or supplies any money in further­ ance or support of a strike which is illegal under this Ordi~ance shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. 8. Notwithstanding anything contained in the Code of Criminal Proce- dure, 1973, any police oflicer may arrest without warrant any person who 2 ofl97t:f is reasonab:y suspected of having committed any offence under this Ordinance. 9. Notwithstanding anything contained in the Code of Crimipal Proce- dure, 1973, all offences under this Ordinance shall be tried in a summary way by 2of197fl any Metropolitan Magistrate, or ,any Judicial Magistrate of the First Class specially empowered in this behalf by the State Government and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may b~, apply to such trial: Provided that in a case of conviction for any offence in a summary triarunder this section, it shall be lawful for the Magistrate to pass a ,sentence of imprisonment: for any term for which such offence is punishable under this Ordinance;. Ul947. 10. The provisions of this Ordinance and of any Order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the Industrial Disputes Act, 1947, or in •any other law for the time being in force. 1J. During t!1l' continuance in force of this Ordinance, the Essential Ser­ vices Maintenance ( Assam) Act, 19'80, shall have efl'ect as if,- (a) in section 2,--- (1) in sub-section (1) ,- ( i) clause (a) had been omitted; (ii) for clause (h), the following clauses had been substi­ tuted, namely:- '(h) "csscnfral service" means- (i) • any transport service for the carriage of passen­ gers or goods, by land or water, with ,respect to which the Legislative Assembly of the State of Assam has power to make laws; (ii) any service connected wJth the production, storage, supply or distribution, as the case may be, of gas or water; (iii) any service connected with the maintenance of public health and sanitation, including hospitals and dispensaries; (iv) any public services and posts in connection with the affairs of the State, and also persons appointed to the secretarial staff of the Legislative Assembly of the State of Assam; ( v) any other service or employment or class thereof, connected with matters with respect to which the Legislative Assembly of the State of Assam has power to make laws and which the State Government being of opinion ,that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of the supplies and services necessary for the life of the community or would result in the infliction of grave hardsihip on the community; may, by notification in the Official Gazette, declare to be an essential service for the purposes of this Act; ( bh) "St'<rte Government" means the State Government of Assam;'; ( 2) in sub-section ( 2), for the words, brackets and figures ''under sub-clause (xiv)", the words, brackets and figure " under sub-clause (v)" had been substituted; Ordiuancl! to over­ ride other laws. Amend­ ment of Act 41 of Hl8U ( b) in sections 3 and 9, for the words "appropriate Government", wherever they occur, the words "State Government" had been sub~tituted. N. SANJIVA REDDY, President. R. V. S. PERI SASTRI, Secy. to the Govt. of India.