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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 ^yearof ^{the Republic}^of

India.

An Ordinance to provide for the maintenance ^ofessential ^defence^services^so

as to secure the security ofnation and the ^life^and^propertyofpublic ^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 ^powersconferred 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^.

(2) It extends to the whole of India.

Short

title,

extent

and

commencement.

763

764

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) ^'"essentialdefence 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

. ^connectedwith 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 -

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;

(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

*refusal or a refusal under a common understanding "of

uffisrq 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

(b) interest of the sovergnity and inlegrity of India; or

(d) public order; 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;

Power to

prohibit strikes in

essential defence

sen ices.

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.

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

defence,

would be prejudicial to the functioning, safety or maintenance of

the essentiall defence services.

5. (1) Any person -

(a)

who commcnces a strike which is illegal under this

Ordinance or goes or remains on, otherwise takes part

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.

(2)

Notwithstanding anything contained in any other law for

the time being in force or under the terms and conditions of

service applicable to any person employed in the essential

defence services, before dismissing any person under sub-section

(l),no inquiry shall be necessary if the authority empowered to

dismiss or remove such person is satisfied that for some reason,

Dismissal

enrployces

participating

illegal strikes.

u*srr6 irqq{, friis 1 s Edr$ 202 I

764 (tl

to 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.

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.

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-

(a) public interesu or

(b) interest of the sovergnity and integrity of lndia; or

(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 order

Penalty

for

instigation, cl"c.

Penalty for giving

financial aid to

illegal strikes.

Power to prohibit

lock-outs in any

industrial

establishment or

unit engaged in

essential defence

services.

764 ⁽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

punishable with

imprisonment tor

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-

(a) public interest; or

(b) interest of the sovergnity and integrity of India; or

(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.

Power to prohibit

lay-off in any

industrial

establishment or

unit engaged in

essential defence

services.

764 ^(sl

2 of 1974.

(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.

11. Notwithstanding anything contained in the Cocle of Criminal

Procedure, 1973, any police officcr may ancst without waffant

any person who is reasonably suspected to have committed any

offence under this Ordinance.

12. Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, all offences under this Ordinancc shall be tried

in a summary way try any Metropolitan Magistrate gr any Judicial

Magistrate of the first Class, specially empowered in this behalf

Power to arrest

without warrant.

Offences to be

tried summarily.

2 of 1974.

764 ⁽⁶¹

B#{rrrd rrsqd, ftiis I s gctr$ 202 I

2 of 19'14.

14 of 1947.

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.

13. Notwithstanding anything contained in the Code of Crirrinal

Procedure, 1973, all offences punishable under this Ordinance

shall be cognisable and non-bailable.

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.

15. No suit, prosecution or other legal proceedings shall lie against

the Central Government or any oflicer fbr anything which is in

good faith done or intended to be done undcr this Ordinance.

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,

1947, or in any other law for the time being in forcc.

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.

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 such

Cognizance

o1'lences.

Reference

other laws

certain iueas.

Protection

action taken

good faith.

O:dinance

override

laws.

Amendment of

Act 14 of 1947.

Laying

notifications

before

Parliarnent.

other