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MIMSTRY OF LAW AND ruSNCE
(Legislative Departrnent)
New Delhi, the 30th June,.202l/Asadha 9, 194 j (Saka)
TI{E ESSENTIAL DEFENCE SERVICES ORDINANCE, 2O2I
No.7or202l
Promulgated by the President in the Seventy-second year of the Republic of
India.
An Ordinance to provide for the maintenance of essential defence services so as to secure the security ofnation and the life and property ofpublic atlarge and for matters connected therewith or incidental thereto.
WHERIAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate action;
Now, THERETonE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
1. ( 1) This Ordinance may be called the Essential Defence Services Ordinance, 202 I . Short title, extent and
commencement.
763764 Brfu'r€{rdrd, ftri6 I s gilr$ 202 I (3) It shall comc into forcc a[ oncc.
2.(1) In this Ordinance, unless the context otherwise requires,- L)efinitions (a) '"essential
defence services'o meims -
(i) any seruice in any establishrnent or underraking dealing with production of goods or equipment requir.ed tbr any purpose connected with def'ence;
(ii) any service in any establishrnent of, or connecteci with; the armed forces of the Union or in any other establishment or installation connected with defence;
(iii) any service in any secrion of anyestablishment . connected with defence, on the working of which the safety of such establishrnent or employee employed
therein depends;
(iv) any other service, as the Central Government may, by notification in the Official Gazette,declare to be essential defence services, the cessation of work of
which would prejuclicially affect the -
(D production of defencc equipment or
goods; or
(II) operation maintenance of any
inrdustrial establishment or unit "ngug.i in production of goods or equipment requirbd for any purpose connected with det-ence; or
(m) repair or maintenance products
connected with defence;
*refusal
(b) "strike" means the cessation of work, go-slow, sit down, stay-in, token strike; sympathetic strike or mass casual leave, by a body of persons engaged in the essential defence services, acting in combination or a concerted or a refusal under a common understanding "ofuffisrq rtqqd, friis ls gilr$ 202 I 764 (t) any number of pemrrns who are or have been so engaged to continue to wcirk or to accept employrnent, and includes-
(i) rcfusal to work ovctlimc, whcrc such work is necessary for the rnaintenance of the essential
def'ence seruices;
(ii) any other conduct which is likely to result in, or results in, cessation or retardation or disruption of work in thc csscntial dcfcncc scliccs.
(2) Words and expressions userJ herein and not defined but t4 or defined in the Industrial Disputes Act, l94j , shall have the meanings respectively assigned to them in that Act.
3. (1) If the Central Government is satisfied rhat in he-
(a) public interest; or
Power to prohibit strikes in essential defence
sen ices.
(b) interest of the sovergnity and inlegrity of India; or
(c) security of any State; or
(d) public order; or
(c) dcccncS or
(f) morality,
it is necessary or expedient so to do, it'may, by general or special order, prohibit strikes in the.essentiarl det'ence services.
(2) An order made under sub-section (1) shall be published in such manner as the Central Government may deem fit to bring it to the notice of the persons affected by such order.
(3) An order made under sub-section (1) shall be in tbr-ce tbr six months, 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.
(4) Upon the issue of an order made under sub-section (1)
-
(a) no person engaged in the essential defence services
shall go or remain on strike;
764 {21 BffitnrdrrErrd, Rqis ts Eilr{ 202 I(b) any strike declared or commenced, whether belbre or after the issue of such order, by persons engaged or ernployed in such services sha-ll be illegal.
of 4. Where any order has been issued under sub-section (l) of Removat section 3, any police officer may take all such measules as such persons. officer may deem fit including the use of police force, if he considers necessafy, to remove any person, whose presence in any area connected with the-
(a) del'ence equipment production services; or (b) operation or maintenance of any industrial estabiishment or unit engaged in production or manufacturing of goods or equipment required tor any putpose connected with defence; or
(c) repair or maintenance of products connected with
defence,
would be prejudicial to the functioning, safety or maintenance of the essentiall defence services.
Dismissal of 5. (1) Any person -
enrployces (a) who commcnces a strike which is illegal under this participating Ordinance or goes or remains on, otherwise takes part illegal strikes.
. in, any such strike; or
(b) who 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 are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment.
764 (tl u*srr6 irqq{, friis 1 s Edr$ 202 Ito bc rccordcd by that authority in writing, it is not rcasonably practicable to hold such inquiry.
6. Any person, who commences a strike which is illegal under this Penalty for illegal Ordinance or goes or remains on, or otherwise takes part in, iury strikes' such strike, shzrll be punishable with imprisonment for a term
which may extend to one ycar or with fine which may extend to
ten thousand rupees, or with both.
Penalty for
instigation, cl"c.
7. Any persorl, who instigates or incites other persons to take paft in, or otherwise acts in furthei'ance of, a strike which is illegal under: this Ordina"rce, shall be punishable with imprisonment for
a term which may extend to two years, or with fine which rnay
extend to fifteen thousand rupees, or with both.
Penalty for giving financial aid to illegal strikes.
8. Any person, who knowingly expends or supplies any money in furtherance or support oI a strike which is illegal under this Ordinance, shall be punishable with imprisonment lor a term which may extend to two years, or with fine which may extend to
fifteen thousand rupees, or with both.
9.(1) If the Central Government is satisfied that in rhe-
Power to prohibit lock-outs in any (a) public interesu or
industrial (b) interest of the sovergnity and integrity of lndia; or
establishment or unit engaged in essential defence (c) security of any State; or
services.
(d) public order; or
(e) decency; or
(f) morality,
it is necessary or expedient so to do, it may by general or special order, prohibit lock-outs in the industrial establishments
or units engaged in the essential defence services.
(2) An order made under sub-section (1) shall be published in such manner as the Central Goverament may deem fit to bring it to the notice of the persons aff'ected by such order.
(3) An order made uncler sub-section (1) shall be in force for six months, but the Central Government rnay, by a like order764 (41 Bffiqll€ttEnqa, frii6 rs gar$ zoz r exl"erd it lbr any period not exceeding six months, if it is satisJled that in the public interest it is necessary so to do"
(4) {Jpon the issue of an order under sub-section (1),-
(a) no employer engaged in the essential defence services
shall commence any lock-out; and
(b)any Iock-out declared ol' commenced, whether hefore or after the issue of such order, by any employer engaged in the essential defence seruices shall be illegal.
(5) Any employcr of an industrial cstablishment or unit cngagcd in the cssential defencc services, who commencos, continues, or otherwise acts in tirrtherance of a lock-out which is illegal under this scstton, shall bc punishable with imprisonment tor a term which may extcnd to onc year or with finc which may extend to ten thousand rupees, or with both.
10. (1) If the Central Government is sarisfied that in rhe-
Power to prohibit lay-off in any (a) public interest; or
industrial (b) interest of the sovergnity and integrity of India; or
establishment or unit engaged in essential defence (c) security of any State; or
services.
(d) public order; or
(e) decency; or
(f) morality
it is necessary or expedient so to do, it may, by general. or special order, prohibit lay-off, on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is bome on the muster rolls of any industrial establislunent or unit engaged in the essential defence services.
(2) An order made under sub-section (1) shall be published in such manner as the Central Government may deem fit to bring it to the notice of the persons affected by_the order.
764 (sl(3) An order made Lrnder sub-section (1) shall be in turce tur six months, but the Central Government may, by a like order, cxtcnd it Lor any pcriod not cxcccding six months, if it is satisfied t.hat in the public interest it is necessary or'
expedient so to do.
(4) Upon the issue of an otder under sub-section (1),-
(a) no employer in relation to an establishment to which such ordcr applics shall lay-off or continuc thc lay.off any workman (other than a badli workman or a oasual wor-kman) whose name is bome on the muster rolls of any industrial establishment or unit cngaged in thc essential dcfcncc scriccs, unlcss such lay- off is due to shortage of power or natural calamity, and any laying-off or continuation of laying-otT shall, unless such laying- otf or. continuation of laying-off is due to shortage of power qr natural calamity, be illegal;
(b) a workman whose laying-off is illegal under clause (a) shall be entitled to all the benelits uncier any law tbr the time being in force as if he had not been laid-off.
(5) Any employer, of an industrial establishment or unit engaged in the essential defence services, who lays-off or continues the laying-off of any workman shall, if such laying-otf or continuation of laying-off is illegal under this section, be punishable with imprisonment for a term which may
extend lo one year or with fine which may extend to ten thousand
rupees, or with both.
Power to arrest
without warrant.
11. Notwithstanding anything contained in the Cocle of Criminal Procedure, 1973, any police officcr may ancst without waffant
2 of 1974.
any person who is reasonably suspected to have committed any
offence under this Ordinance.
Offences to be 12. Notwithstanding anything contained in the Code of Criminal
tried summarily.
Procedure, 1973, all offences under this Ordinancc shall be tried
2 of 1974.
in a summary way try any Metropolitan Magistrate gr any Judicial Magistrate of the first Class, specially empowered in this behalf764 (61 B#{rrrd rrsqd, ftiis I s gctr$ 202 I by the State Governmenl and the provisions of sections 262 to 265 (inclusive) of the said Code shail, as far as may be, apply to such trial:
Providcd that in a casc of conviction for any offcncc in a summary trial under this section, it shall be lawful for such Magistrate to pass a sentence o[ imprisonmenL lor any tenn for
which such otl-ence is punishable under this Ordinance.
Cognizance
o1'lences.
13. Notwithstanding anything contained in the Code of Crirrinal Procedure, 1973, all offences punishable under this Ordinance
2 of 19'14.
shall be cognisable and non-bailable.
Reference of in
other laws certain iueas.
14.Any reference in this Ordinance to any law which is not in force in any area and to any authodty under such law shall, in relation to that area, be construed as a reference to the corresponding law in tbrce in that area and to the comesponding authority under such comesponding law.
of 15. No suit, prosecution or other legal proceedings shall lie against
in
Protection action taken the Central Government or any oflicer fbr anything which is in
good faith.
good faith done or intended to be done undcr this Ordinance.
to
O:dinance
other
override
laws.
16. The provisions of this Ordinance and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the lndustrial Disputes Act,
14 of 1947. 1947, or in any other law for the time being in forcc.
Amendment of Act 14 of 1947. lT.lnthe Industrial Disputes t\ct, l94J,in secl.ion 2, in clause (n), in sub-clause (ia), for the words "or dock", the words "or dock or any industrial establishment or unit engaged in essential def'ence
scrvices" shall be substitutcd.
Laying of
notifications
before
Parliarnent. l8.Every notification issued under this Ordinance shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the' successive sessions aforesaid, both Houses agree in making any moditication in such notification or both Houses agree that the notificafion should not
be issued, the notification shall thereafter have effect only in such754 (11 &rfrrsga$rozr modified t0rm orrbe of no effect, as the case may be; so, however, that any such modification or annulment: shall be withoiit prcjudicc to thc validity
notit-ication
RAM.NAIH KOVIND, President.
ANOOP KUMAR MENDIRAITA, Secretary to the Govt. of India.
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