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L. A. BILL No. VIII OF 2023.
A BILL
to provide for the maintenance of certain essential services and the normal life
of the community; and to provide for the matters connected therewith or
incidental thereto.
WHEREAS it is expedient to provide for the maintenance of certain essential
services and the normal life of the community; and to provide for the matters
connected therewith or incidental thereto; it is hereby enacted in the Seventy-
fourth Year of the Republic of India, as follows :—
1. (1) This Act may be called the Maharashtra Essential Services Maintenance
Act, 2023.
Short title,
extent,
commencement
and duration.
RNI No. MAHBIL /2009/40123
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 10th
March, 2023 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :-----
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(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint and shall cease to have effect on the
expiry of the five years from the said date except as respects things done or
omitted to be done before such cesser of operation of this Act ; and section 7 of
the Maharashtra General Clauses Act, shall apply upon such cesser of operation
of this Act, as if it had then been repealed by a Maharashtra Act.
2.
In this Act, unless the context otherwise requires, —
(a) “essential service” means,—
(i) any transport service for the carriage of passengers or goods, by
land or water, with respect to which the State Legislature has power to
make laws;
(ii) any service connected with the supply of gas or milk or water
or electricity with respect to which the State Legislature has power to
make laws ;
(iii) any service connected with the maintenance of public health
and sanitation including hospitals and dispensaries;
(iv) any public service, post and employment in connection with
the affairs of the State and also persons appointed to the secretarial
staff of both Houses of the State Legislature, and the officers and
employees of the High Court;
(v) any service or post in connection with the affairs of the local
authorities;
(vi) any other service, post, employment or class thereof, connected
with matters in respect of which the State Legislature has power to
make laws and when the State Government is of opinion that strike in
such service, post, employment or class thereof 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 infliction of grave
hardships on the community, and which the State Government by
notification in the Official Gazette, declares to be an essential service
for the purpose 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 employment, and
includes,—
(i) refusal to work overtime, where such work is necessary 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;
(c) words and expressions used in sections 5 and 6 and not defined
herein but defined in the Industrial Disputes Act, 1947, shall have the
meanings respectively assigned to them in that Act.
I of
1904.
Definitions.
14 of
1947.
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3.
(1) Every notification issued under sub-clause (vi) of clause (a) of section
2 shall be laid before each House of the State Legislature, 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 is 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 the State Legislature, 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 the State Legislature.
(2) Where any notification ceases to operate by or under sub-section (1), the
cesser shall be without prejudice to anything done or omitted to be done before
such cesser.
Explanation.—Where the Houses of the State Legislature are summoned to
re-assemble on different dates, the period of forty days shall be reckoned from
the later of those dates.
4.
(1) If the State Government is satisfied that in the public interest, it is
necessary or expedient so to do, it may subject to the provisions of sub-section
(5), by general or special order, prohibit strike in such essential service from
such date as may be specified in the order.
(2) An order made under sub-section (1) shall be published in such manner,
as the State 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 only for six months
only, from the date specified therein, but the State Government may, by a like
order published in like manner, and subject to the provisions of sub-section (5),
extend it for a further 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 (1) or sub-section (3),—
(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.
(5) No order under sub-section (1) or sub-section (3) shall be made in
respect of—
(a) persons appointed to the secretarial staff of the Houses of the State
Legislature, except at the request of the Chairman of the Legislative Council
and the Speaker of the Legislative Assembly;
(b) officers and employees of the High Court, except at the request of
the Chief Justice of the High Court.
5.
(1) If the State Government is satisfied that in the public interest, it is
necessary or expedient so to do, it may, by general or special order, prohibit
lock-out in any establishment pertaining to any essential service specified in the
order.
(2) An order made under sub-section (1) shall be published in such manner
as the State Government considers best calculated to bring it to the notice of the
persons affected by the order.
Laying of
notification
before each
House of
State
Legislature.
Power to
prohibit
strike in
certain
employments.
Power to
prohibit
lock-out in
certain
establishments.
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(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, extend it for a further 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 (1) or sub-section (3),—
(a) no employer in relation to an establishment to which the order applies
shall declare or commence any lock-out;
(b) any lock-out declared or commenced whether before or after the
issue of the order, by any employer in relation to an establishment to which
the order applies, shall be illegal.
(5) Any employer in relation to an establishment who commences, continues
or otherwise acts in furtherance of a lock-out which is illegal under this section,
shall, on conviction, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to three thousand rupees, or
with both.
6.
(1) If the State Government is satisfied that in the public interest 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 borne
on the muster roll of any establishment pertaining to any essential service
specified in the order.
(2) An order made under sub-section (1) shall be published in such manner,
as the State 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 State Government may, by a like order, extend it for a further 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 (1) or sub-section (3),—
(a) no employer, in relation to an establishment to which the order
applies, shall lay-off or continue the lay-off of any workman (other than a
badli workman or a casual workman) whose name is borne on the muster
roll of such establishment, unless such lay-off is due to shortage of power or
natural calamity; and any laying off or continuation of laying off shall, unless
such laying off or continuation of laying off is due to shortage of power or
natural calamity, be illegal;
(b) a workman whose laying off is illegal under clause (a) shall be entitled
to all the benefits under any law for the time being in force as if he had not
been laid-off.
(5) Any employer in relation to an establishment who lays-off or continues
the laying off of any workman shall, if such laying off or continuation of laying off
is illegal under this section, on conviction, be punished with imprisonment for a
term which may extend to six months, or with fine which may extend to three
thousand rupees, or with both.
7.
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, on conviction,
be punished with imprisonment for a term which may extend to one year, or with
fine which may extend to three thousand rupees, or with both.
8.
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, on
Power to
prohibit
lay-off in
certain
establishments.
Penalty for
illegal
strike.
Penalty for
instigation.
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conviction, be punished with imprisonment for a term which may extend to one
year, or with fine which may extend to three thousand rupees, or with both.
9.
Any person who knowingly expends or supplies any money in furtherance
or support of a strike which is illegal under this Act, shall, on conviction, be
punished with imprisonment for a term which may extend to one year, or with
fine which may extend to three thousand rupees, or with both.
10.
Any action taken under section 7, 8 or 9 shall not affect, and shall be in
addition to, any action of a disciplinary nature or any consequence which may
ensue, and to which any person may be liable by the terms and conditions of his
service or employment.
11.
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, any Police Officer may arrest without a warrant any person
who is reasonably suspected of having committed any offence under this Act.
(2) All offences under this Act shall be non-bailable.
12.
The provisions of this Act or any order issued thereunder shall have
effect notwithstanding anything inconsistent therewith contained in the
Maharashtra Industrial Relations Act, the Industrial Disputes Act, 1947 or any
other law for the time being in force.
13.
(1) The Maharashtra Essential Services Maintenance Act, 2017
(hereinafter referred to as “the principal Act”) is hereby repealed.
(2) The repeal of the principal Act shall not affect-
(a) anything done or any action taken (including any notification or order
issued) under the provisions of the principal Act, or
(b) any right, privilege or obligation or liability acquired, accrued or
incurred under the principal Act, or
(c) any penalty or punishment incurred in respect of any offence under
the principal Act, or
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty or punishment as aforesaid, and
any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty or punishment may be imposed
as if the principal Act had not been repealed.
Penalty for
giving
financial aid
to illegal
strike.
Action
under
section 7, 8
or 9 in
addition to
diciplinary
action.
Power to
arrest
without
warrant and
offences to be
non-bailable.
2 of
1974.
Act to
override
other laws.
Repeal of
Mah. XVIII of
2018 and
saving.
XI of
1947.
14 of
1947.
Mah.
XVIII
of
2018.
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STATEMENT OF OBJECTS AND REASONS.
The Government of Maharashtra has always had a realistic and sympathetic
approach while dealing with the legitimate demands, problems and grievances
of its employees and the employees of the Local Authorities and the employees
in the essential services, and has always endeavoured to solve them amicably
and promptly, as far as possible. There have, however, been certain occasions in
the past and there could be some occasions in the future, when it may not be
possible for the Government to agree to all the demands of such employees, some
of them sometimes being impracticable and even unreasonable. At such times,
the Government has to face the threat of such employees or of the employees of
such employers who are connected with the maintenance of essential services,
going on an indefinite strike which could have the effect of virtually crippling
the normal life of the community by disturbing the maintenance of supplies and
services essential to the normal life of the community.
2.
After the expiry of the Maharashtra Essential Services Maintenance Act,
1970 (Mah. IV of 1971) and the Essential Services Maintenance Act, 1981 (40 of
1981) of the Parliament, there was no law which could have enabled the State
Government to meet any situation which might have been created by any kind of
strike by such employees connected with the maintenance of essential services.
Therefore, with a view to meet effectively any such situation and to ensure that
the normal life of the community was not affected or disturbed by employees
concerned with the production and supply of essential services going on strike
or any such employers declaring “lock-out” or “ lay-off”, as the case may be, the
Maharashtra Essential Services Maintenance Act, 1994 (Mah. LIII of 1994) was
enacted, on the lines of the Essential Services Maintenance Act, 1981 (40 of 1981),
then enacted by the Parliament, to provide for the maintenance of certain
essential services and securing the normal life of the community. After expiry of
the said Act of 1994, the Maharashtra Essential Services Maintenance Acts were
enacted by the Maharashtra State Legislature, from time to time. The
Maharashtra Essential Services Maintenance Act, 2017 (Mah. XVIII of 2018) was
enacted which was in force for a period of five years from the date of its
commencement i.e. the 1st March 2018 and has expired on the 28th February
2023. Therefore, after 28th February 2023, there is no law which would enable
the Government to meet such situation, if it arises.
The Government is of the opinion that circumstances may continue to exist
justifying the continuation of the said provisions. It is, therefore, considered
expedient to re-enact the provisions of the said Maharashtra Essential Services
Maintenance Act, 2017, to ensure the maintenance of certain essential services
and securing the normal life of the community.
3.
Such law would only be an enabling measure. Besides enumerating
certain essential services in which “strikes” or “lock-outs” or “lay-offs” are
prohibited and would be illegal, power is also being taken to the State Government
to declare, by notification in the Official Gazette, any other service, post or
employment, etc., with respect to which the State Legislature has power to make
laws and the State Government is of the opinion that strike in such service, post
or employment, etc., would prejudicially affect the public life or the maintenance
of the supplies or services essential to the life of the community, as an essential
service for the purposes of such law.
4.
The Bill seeks to achieve the above objectives.
Mumbai,
EKNATH SHINDE,
Dated 6th March, 2023.
Chief Minister.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative power,
namely :—
Clause 1 (3).–Under this clause, power is taken to the State Government
to appoint, by notification in the Official Gazette, the date on which the Act
shall come into force.
Clause 2 (a)(vi).–Under this clause, power is taken to the State
Government to declare, by notification in the Official Gazette, any service,
post, employment or class thereof in respect of which the State Legislature
has power to make laws, to be an essential service for the purposes of the
Act.
Clause 4.–Under this clause, power is taken to the State Government to
prohibit, by order, strike in any essential service from the date as may be
specified therein.
Clause 5.–Under this clause, power is taken to the State Government to
prohibit, by order, lock-out in any establishment pertaining to any essential
service specified therein.
Clause 6.–Under this clause, power is taken to the State Government to
prohibit, by order, lay-off of any workman of any establishment pertaining
to any essential service specified therein.
2.
The above-mentioned proposals for delegation of legislative power are
of a normal character.
Vidhan Bhavan :
RAJENDRA BHAGWAT,
Mumbai,
Principal Secretary,
Dated the 10th March, 2023.
Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE
OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR :
DIRECTOR, RUPENDRA DINESH MORE.