REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 83] NEW DELHI, SATURDAY, DECEMBER 28,1968/PAUSA 715, 1890
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW
(Legislative Department)
New Delhi, the 28th December, 1968/Pousa, 7, 1890 (Saka)
The following Act of Parliament received the assent of the Pre- sident on the 28th December, 1968 and is hereby published for general information:—
THE ESSENTIAL SERVICES MAINTENANCE ACT, 1968 No. 59 OF 1968
[28th December, 1968]
An Act to provide for the maintenance of certain essential services and the normal life of the community.
BE it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:—
1. (I) This Act may be called the Essential Services Maintenance Short title, extent and duration- Act, 1968.
(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to Union employees.
(813)
8i4 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II10 ofjlpr
(3| It shall cease to have etiect on the expiry of three years irom the d\e of commencement of this Act except as respects things done or omitted to be done before such cesser of operation of this Act, and section 6 of the General Clauses Act, 1897, shall apply upon such cesser of operation of this Act as if it had then been repealed by a Central Act.
Definitions 2. (1) In this Act,—
(a) "essential service" means—
(i) any postal, telegraph or telephone service;
(ii) any railway service or any other transport service for the carriage of passengers or goods by land, water or air with respect to which Parliament has power to make laws;
(Hi) any service connected with the operation or main- tenance of aerodromes, or with the operation, repair or maintenance of aircraft;
(iv) any service connected with the loading, unloading, movement or storage of goods in any port;
(u) any service connected with the clearance of goods or passengers through the customs or with the preventio" of smuggling;
(vi) any service in any mint or security press;
(vii) any service in any defence establishment of the Government of India;
(viii) any service in connection with the affairs of the Union, not being a service specified in any of the foregoing sub-clauses;
(ix) any other service connected with matters with respect to which Parliament has power to make laws and which the Central Government being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of supplies and services necessary for the life of the com- munity or would result in the infliction of grave hardship on the community, may, by notification in the Official Gazette, declare 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 under- standing of any number of persons who are or have been so
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8i5employed to continue to work or to accept employmant, and includes—
(i) refusal to work overtime where such work is neces- sary for the maintenance of any essential service;
(ii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any essential service.
(2) Every notification issued under sub-clause (ix) of clause (a) of sub-section (1) shall be laid before each House of Parliament immediately after it is made if it is in session and on the first day of the commencement of the next session of the House if it 1B not In session, and shall cease to operate at the expiration of forty days from the date of its being so laid or from the re-assembly of Parlia- ment, as the case may be, unless before the expiration of that period a resolution approving the issue of the notification is passed by both Houses of Parliament.
Eocplanation.—Where the Houses of Parliament are summoned to re-assemble on different dates, the period of forty days shall be reckoned from the later of those dates.
3. (1) If the Central Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special Order, prohibit strikes in any essential service specified in the Order.
Power to prohibit strikes in certain employ- ments.
(2) An Order made under sub-section (1) shall be published in such manner as the Central Government considers best calculated to bring 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 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 under sub-section (I),—
(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 shall be illegal.
Penalty for illegal strikes.
4. Any person who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike shall be punishable with imprisonment for a term which may
8i6 THE GAZETTE OF INDIA HXTRAORDINABY [PART II—SIC. 1]extend t* six months, or with fine which may extend to two hundred rupees, or\with both.
Penalty lor instiga- tion, etc.
5. Any person who instigates, or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this Act shall be punishable with imprisonment for a term wtoch may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Penalty for
giving Allan
cial aid to
illegal
strikei
6. Any person who knowingly expends or supplies any money in " furtherance or support of a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
I Of IB9K
Towor to 7. Notwithstanding anything contained in the Code of Criminal
arrest Procedure, 1898, any police officer may arrest without warrant any
without
warrant person who is reasonably suspected of having committed any offence
under this Act.
Act to 8. The provisions of this Act and of any Order issued thereunder
override
other laws,
14 of 1947
shall have effect notwithstanding anything inconsistent therewith contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force.
9. (1) The Essential Services Maintenance Ordinance, 1968, is 9 Of 196U.
Repeal and saving. hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had come into force on the 13th day of September, 1968.