THE NAGALAND ESSENTAIL SERVICES (MAINTENANCE) ACT, 1978 (1ST AMENDMENT) ACT, 2018

The Nagaland Gazette 15, February, 2018 PART-V NOTIFICATION :Dared Kohima, 15th February 2018. No.LAW/BILL/6-13/2018 :::: The Nagaland Essential Services (Maintenance) Act, 1978 (First Amendment) Act, 2017 (Act No. 2 of 2018) duly assented by the Hon'ble Governor of Nagaland on 21/12/2017 is published herewith for general information. Sd!- IMTIAKUM Deputy Secretary to the Govt. of Nagaland. An Act To amend the Nagaland Essential Services ( Maintenance ) Act, 1878 (hereinafter referred to as the Principal Act) in the manner hereinafter appearing; It is hereby enacted in the Seventy Eight h Year of the Republic of India as follows: I Short title and commencement: (1) This act may be called the Nagaland essential Services First Amendment Act. 2017. 2. Amendment of Section 2. (1) In the Principal Act after Section 2 (a) (v), the following shall be inserted. Section 2 (a) (VI) any service connected with the operation or maintenance 01 Aerodromes or with the operation, repair or maintenance of aircraft. 798 The Nagaland Gazette, Part-V 15, February, 2018 An Act To provide for the maintenance of certain Essential Services and normal life of the Commu- nity. Short till* It is hereby enacted in the Twenty-Nineth Year of the Republic of India as follows :- 1. (1) This Act may be called the Nagaland Essential Services (Maintenance) Act, 1978, (2) It extends to the wholo of the State of Nagaland. (3) It shall come into forea at once. 2. In this Act, unis. the ccitext otherwise requires. (a) "essential service" incm - - (1) any .tranport service for the carriage of passengers or ;oods, by land or water, with rezpoct to whi t State Legis- !ature has power to mk ivs; any ervi.ce cncted with the supply of water, electricity or any other essential commodity. (iii) any service connected with the main- tenance of public health and sanitation, including hospitals and dispensaries; (iv) public services and posts in connection with the affairs of the state; and also persons appointed to the secretariat staff oi the State LegislaUve Assembly. (v) any other servica or cuployment or class thereof, connected with matters with respect to wieh the State Legislature has power to make lav;,F and which the State Government is of opinion that strikes in 15, February, 2018 The Nagaland Gazette, Part-V 799 'rohbi.r of ske such service, employment, or class there- of, would prejudicially affect the public safety or the maintenance of the supplies or services essential to the life of the community or would result in the inflic- tion of grave hardship on the community, and which the State Government by noti- fication in the official Gazette declares to be an essential service for the purposes 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 so employed to continue to work or to accept employ- ment, and includes - (1) refusal to work overtime where such work is necessary for zhe maintenance of any essential service; (ii) any other conduct which is likely to result in or results in, ceszatiort or substantial retardation oi work in =y essential service. 3. (1) If the State Government is satisfied that in public interest, it is necessary or expedient so to do. it may by general or speciai order, prohibit strikes in any essential ser'iice specified in the order. (2) An order made under sub-section (1) shall be published in such manner as the State Govern- ment considers best calculated to brining 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 State Government may, by a like order published in like manner, extend it for any period, not exceed- ing six months if it is satisfied that in the public interest it is necessary or expedient to do so. (4) Upon the issue of an order under sub- section (1). - 800 The Nagaland Gazette, Part-V 15, February, 2018 (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 shalt be illegal. - (5) Any order made under this section may at any time be rescinded, by the State Govern- ment by a like order, but such recessation shall not affect the previous operation of anything done or suffered thereunder, and shall not affect any obligation or liability accrued or incurred, or any penalty or punishment incurred in respect of any offence committed against this Act before such recessation. (6) No order under sub-section (1) or sub- section (3) or sub-section (5) shall be made in respect of persons appointed by the Secretarial staff of the House of the State Legislative, except at the request of the Speaker of the Legislative Assembly. PcrwUy for iflcgL strikes Penalty for flstigation penalty for giving financial a id Pmalty for illegal strikes 4. Any person who commences a strike which is illegal under this Act or goes or remain or or otherwise takes part in. any such strike, shall. on conviction be punished with imprisonment, !or term which may extend to one year, or with f:r.c which may extend to one thousand rupees or with both. Penalty for instigation: 5. Any person who instigates or incites other persons to take part in, or otherwise acts in fur- therance of, a strike which is illegal under this Act shall, on conviction be punished with imprison- ment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both. Penalty for giving financial aid to illegal strikes: 6. Any person who knowingly extends or supplies any money in furtherance or support of a strike which is illegal under this Act shall, on 15, February, 2018 The Nagaland Gazette, Part-V 801 conviction, be punished with imprisonmen for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. Section 4, 5 and 6 in addition to disciplinary action: Disciplinary 7. Any action taken under Section 4, 5 or 6 action be- be-idea-above shall not affect, and shall be in addition to any penalty action of a disciplinary nature or any consequence which may ensure, and to which any person may be liable by the terms and condition of his service or employment. Power to arrest without warrant and offences to be non-bailable: Cognizable 8. Notwithstanding anything contained in the and nen- bailable Code of Criminal Procedure, 173, any Polico OffCOCS Ocer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act. All offences under this Act shall be non.-bailable. Bar of al 9, No Suit, prosecution or other legal pro- ceedings shall lie against any person for anythifl which is, in good faith, done or intended to be done, under this Act or the rules made there- under.