The Haryana Essential Service Maintenance Act 1974 as extended to Chandigarh

[भाग [[--खण्ड 3(i)] भारत का राजपत्र : असाधारण 7 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 18th December, 2024 5.0. 5475(E).— In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union territory of Chandigarh, the Haryana Essential Services Maintenance Act, 1974 (Haryana Act No. 40 of 1974), as in force in the State of Haryana on the date of publication of this notification, subject to the following modifications, namely:- MODIFICATIONS In the Haryana Essential Services Maintenance Act, 1974,- (a) insection1,- (i) in sub-section (1), after the figure “1974", फट words “as extended to the Union territory of Chandigarh™ shall फिट inserted: (i) छा sub-section (2), लि the words “State of Haryana™. फैट words “Union territory of Chandigarh™ shall be substituted; (b) in section 2, in clause (b), for the words “Government of the State of Haryana™, the words “Administrator of the Union territory of Chandigarh™ shall be substituted; (c) in section 10, for the words “State of Haryana™, the words “Union territory of Chandigarh™ shall be substituted. [F. No. U- 11020/2/2017-UTL] PRAVEEN KUMAR RAL |. Secy. ANNEXURE PART1 LEGISLATIVE DEPARTMENT NOTIFICATION The 16" December, 1974 No. 46-Leg/74.- The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 13* December, 1974 and is hereby published for general information:~ Haryana Act No. 40 of 1974 THE HARYANA ESSENTIAL SERVICES MAINTENANCE ACT 1974 E‘. AN ACT to provide for the maintenance of essential services in the State of Haryana and for matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Haryana in the Twenty-fifth Year of the Republic of India as follows:- 1. (1) This Act may be called the Haryana Essential Services Maintenance Act, 1974. Short title and extent. (2) It extends to the whole of the State of Haryana. 2. In this Act, unless the context otherwise requires, Definitions (a) "employment” includes employment of आए nature whether paid or unpaid ; (b) "Government” means the Government of the State of Haryana ; (c) "prescribed” means prescribed by rules made under this Act. (d) “strike™ means the cessation of work by a body of persons employed in any employment or class of employment to which this Act applies, acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons, who are or have been 50 employed to continue to work or to accept employment, and includes— THE GAZETTE OF INDIA : EXTRAORDINARY S THEGAZETTEOFINDIA:EXTRAORDINARY _ [PARTII—SEC.3(i)] () mass casual leave in pursuance of a common understanding among the persons who avail themselves of such leave, or under the direction of any other Pperson or persons; (i) refusal 10 work overtime where such work is necessary for the maintenance of work in any employment to which this Act applies; or (i) आए other conduct which is likely to result in, or results in, cessation i substantial retardation of work in any employment to which this Act applies. 3. This Act shall apply— or (i) toall employment under the Government; (i) to any other employment or class of employment which the Government, being of the opinion that such employment or class of em, ployment is essential for securing the public safety, the maintenance of public order, health or sanitation, or for maintaining supplies or services necessary for the life of the community, may, by notification, declare. 4. (1) The Government or an officer authorised by it in this behalf may, in respect of any employment or class of employment 10 which section 3 applies, by general or special order, direct that any person or persons engaged in such employment shall not depart out of such area or areas as may be specified in such order. (2) An order made under sub-section (1) shall be published in such manner as the Government or the officer makin, g the order considers fit to bring it to the notice of the persons affected thereby. 4A. (1) If the Government 15 satisfied that in the public interest it is necessary or expedient 50 to do, it may by general or special order, prohibit strikes in आए employment or class of employment 10 which this Act applies. (2) An order made under sub-section (1) shall be published in such manner as the Government considers sufficient 10 bring it to the notice of the persons affected by the order and shall remain in force for 3 period of six months: Provided that the Government may by a like order extend it for आए period not exceeding six months, if it is satisfied that in th e public interest it is necessary or expedient so to do. (3) Upon the issue of the order under sub-section (1), (3) no person employed in any employment or class of employment to which this Act applies and 10 whom the order relates shall 0, or remain on strike; and (b) any strike declared or commenced, whether befi i ore or after the issue of the order persons employed in any such employment shall be illegal. 5. (1) Any person engaged in any employment or class of employment to which this At applies, who— (a) disobeys आए lawful order given 10 him in the course of such employment ; (b) without reasonable excuse abandons su लो employment or absents himself from work sor (¢) depants from any area specified in an order made under sub-section (1) of section 4 without the consent of the authority making the order; (d) himself takes part in instigates or incites other person to take part in, or otherwise acts in furtherance 0, आए illegal strike: or (९) knowingly expends or supplies any money in furtherance or support of any illegal strike; shall be guilty of an offence under this Act. Explanation 1.—The fact that a person apprehends that by continuing in his employment he Employment 1o which Act applies. Power (0 order persons engaged in certain employment to remain in specified areas. Power to prohibit strike Offences. [भाग 11—y 3(i)] भारत का राजयत्र : असाधारण 9 will be exposed 10 increased physical danger 15 not a reasonable excuse within the meaning of clause (b). Explanation 2.—A person abandons his employment within the meaning of clause (b) who, notwithstanding that it is an express or implied term of his contract of employment that he may get his employment terminated on giving notice to his employer of his intention to do 50, abandons his employment without the previous consent of his employer, (2) Any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment 10 which this Act applies, who without reasonable cause— (a) discontinues the employment of such person; or (b) by closing an establishment in which such person is engaged causes the discontinuance of his employment; shall be guilty of an offence under this Act. 6. (1) The Government may make rules regulating or empowering Regulation of a specified authority to regulate wages आएं other conditions of service of persons 01 any wages and class of persons engaged in आए employment or class of employment declared as such under conditions of section 3. service. (2) When any such rules have been made or when any directions regulating wages or conditions of service have been given by an authority empowered by such rules 10 give such directions, आए person failing (0 comply with them shall be guilty of an offence under this Act. 7. (1) Any person found guilty of an offence under this Act shall, on conviction, be Penalties and punishable with imprisonment for a term which may extend to three years and shall also be procedure. liable 10 फिट, (2) Where an offence under this Act has been committed by a company, every person incharge of, or responsible to, the company for the conduct of its business at the time of the commission of the offence shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable 10 any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, a director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (@) "company" means any body corporate, आए includes 3 firm or other association of individuals ; and (b) "director” in relation to a firm means a partner in the firm. (4) The offences under this Act shall be cognizable and non-bailable. (5) Any magistrate or bench of magistrates empowered for the time being to try in 3 summary manner the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1973, may, if such magistrate or bench of magistrates think(s) fit, on an application made, in this behalf, by the complainant, try आप offence under this Act in accordance with the provisions contained in sections 262 to 265 of the said 0000. 10 m ‘ \ GAZEIR\ OF INDIA : EXTRAORDINARY IPART 11-5६. अप) 8. No suil, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended (0 be done under this Act or the rules made thereunder, 9. Any declaration, order, rule or regulation made and any direction given under this शर्त shall have effect notwithstanding anything contained in any other law for the time being in force. 10. The East Punjab Essentia] Services (Maintenance) Act, 1947 (East Punjab Act 13 of 1947), in its application to the State of Haryana, is hereby repealed. Indemnity Over-riding effect of orders, rules, €. made under the Act. Repeal. A. N.AGGARWAL, Under Secretary 10 Government, Haryana, Legislative Department