THE ODISHA ESSENTIAL SERVICES (MAINTENANCE) ACT, 1988

ORISSA ACT 9 OF I992 *THE OIUSSA ESSENTIAL SERVICES (MAINTENANCE) ACT, 1988 [Received tke assent of the President on the 17111 Jamlory, 1992 firs1 publislred in atr &traordinary issue of the Orjssa Gazette, dated ill e 4th Fcbrtrary 19921 AN ACT TO PROvlDEf FOR TKE MATNTENANCB OF CERTAIN BSSENTLAL SERVICES AND THE NORMAL LIFE OF THE COMMUNITY IN ORlSSA BE it enacted by the Legislature of the State or Orirra in the Thirty-ninth Year of the Republic of India, as folIows; - Gh~rt ttile, 1. ( I ) This Act may be called the Orissa Essential Services (Maintenance) exrcnt and Act, 1988. come=- m a t . (2) It shall cxtend tp the whole of the State or Orissa. 3 (3) It shall come into forcc at. once. Dthnillona 2. In this Act, unless the context otherwise requires,- CE (a) "essential senice" means- (i) any service connected with the supPly or distribution of Ater and with the maintenance of water-works; ( i i ) any seryice connected with the maintenance of public health and sanitation, including hospitals and dispensari&;. (ill) my service connected with the production, suppIy or distribution of electricity' including any service under the Orissa State Electricity Board constituted.undcr the Electricity (SuppIy) Act, 1948; 54 a1 1w. (iv) any service connected with transportation of. personslgoods: (b) "strike'? means the mssation of work by a body of persons employed in any essential service actihg in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have bean so employed, to continue to wark or lo acccpt ercploymeni and -incIuda- ( i ) unanthoristd absence- from duty in pursuance o l a common usder- standing among the persons who unaurborisedly abscnt themselves from duty or under the djrectior! of any other ptrson or persons; ( t i ) refual to work overtime where such work i s necessary for [he maintanancu of any essential service; any otha conduct which is likely to result in, or results in. cessa!ioo nr substantial retardation of work in any essential service. 3. (2 ) If the State Government is satisfitd that in the public interest i t is necwaty or expedient so to do, it may, by general or special order, prohibit rtrike.8 in any essential somice spedrfied in the order. (2) An order made under eub-section ( I ) shall be published in sucb manner the State Government c o ~ i d t r s beak calculated to bring it to the notice of the pcrsons affected by the order. c3) An order made under sub-sstion (1) shall be in force for six m o n t h only, but the State Government may, by a like ordcr, extend it for any period not exceeding six monrhs if it is satisfied that in2hepublic inlerest, *it is necmary or mpdient EO to do. (4 ) Upon the issue of sn order under sub-section (I& , (a) no person cmployed in any essentiaI service to whici~ the order relates shall go or ramain on strike ; and (6) any strike declared or commenced, *hether Wore or after the issue of the order, by persons employed in any such service shall be illegal. 4. (1) If the State Governmenl i s satistkd that in the public interest it is neces- sary or expedient so to do, it may, by gnerul or special order, prohibit Iock-oats in any establishment pxtaining to any essentiaI servicc specified in the order. (2) An order made under sub-section (1) shall be published in such manner as the State Government considers best ealculnted to -bring I t to thc notice of the persons afFected by the ordcr. (3) An order mndc under sub-section (1) shall be in fox+ for six months bnly, but the State 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 i s n w s s a r y so to do. (4) Upon the issue of an order uader sub-section ( I ) - (6) no emplo~er in relatian to an atablishment to which the order appUes shall commence any lwk-out; (b) any lock-out dtolared or ~ m m m c a d . whethcr before or arter the. issue of the order by any tmpl oycr in relation to an mtabBshment to which the-order applits ahall be illegal. . (5) Any employer in -relation to an q?!ablishment who eommenccs, continue or owmi= actr in fudherece of a lock-out which is illegal under . this .s&ion shall be punishable with imprisonment or a term which mcy extend to sh month, or ,with fine which. w y exfond - to :one' thousand rupeoe, or with bath. 29 mar to 5. (1) If the State Gnvernmcnt is sarisfird rllal in Ihe public intercsr it is ncccfisary prohibit lay- or expedient SO to do, i t may, ty gcncral or special ordcr. prollibit fay oly, c.n any off in ccrblo ground other than shorrage of power nr n n t ~ ~ r ~ l cal;~niily. n f any workman (other mnbhh- than a badli workman or a casual irorkrnm) whore name is borsc t i l l t l l c rnusler rolls man, of any cstablishnlcnt pertain to any csscntial servicc spxificd i~ i h v ordcr. (2) An order mndc undcr svb-scction ( 1 ) shall be p1:blishcd it1 st ic l i manncr 2% the State Government considrrs best calculalcd to bring it lo Ihc i~ot icc of' the. Frsons affected by rhe order. (31 An order made under sub-stc!r?n ( I ) sh. H be ill furcc Tor six m011tfis only, but thc Statc- Government may, by I i kc order cxtcnd it for any period not exceeding six months if i t is snlisfied that in rhe 'public jntcrest it is necessary or cxpedicnt so to do. (4) Upou the issue or an ordcr ucdcr sub-scction ( I ) - (a) no employer in relation lo a n establiihment to which [he order applies hall In?-off or or continue the lay-;oft of any workrr. an (other than a badli workman or a casual wotkman ) whose name is borne on the . muster rolls of such establishment unless such lay-or is dl;c to shortage of power or to nalural calamity an J any laying-off or continuation of laying-off shall, unless such laying-oB or continuatian of laying-off i~ due to shortage of power or to natural calamity, be illegal; ( b ) a workman whose laying-off is illegal under clause (a) shall be entitled to a l l the benefits undcr any law for the time being ia'fai-ce as if he had not been laid off. Penalty for UlcsnI ~ltllrsc. Peoelty lor Imtigatien tlf . P ~ w e r 10 arrwt , without ' mane. (5) Any employer in relation ,to an establishment who lays-off or mnrjnue Lhe laying-off of any workman shall, if such laying-off or continuation of laying-OE is illegal under this section, be punishable with imprisonment for a term which may extend to six moo ths; or with fjnc which may exreud to ono thousand rupees, or with both, 6. Any person who camencts a etrike whichis illegal under this Act or goes or remains, on, or otherwise rakes part in ariy such strike shall bcpunisbable with imprisonment for a t :rm Plhich may .extend to six months, or with fine which may extend to five hundred rupees, or with both. 7. Any person who instigates or incites other persons to tqke part in, or ofher- wise acts in furtherance of, or does any act preparatory to, a strike which is illegal under this Act ha l l be punishnblc with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand wpees or with botb. 8. ~otnithstauding anything contained in the Code of Criminal Procedure, 3 ,1 j974 1973, any police oficer not below the rank of~SubIospcctor of Policc may arrest 'without warrant any person who is rtasonably suspected of having committed any such offcnw. 9. The provisions of this Act and .of any order issued thereunder shatl Iteve effect notwithstanding enything inconslslmt. therewith contained in the Lnduatrial Disputes Act. 1947, or in aay othtr law for the time being i,n force. 14 ol,l074