TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 31]

CHENNAI, WEDNESDAY, AUGUST 4, 2021

Aadi 19, Pilava, Thiruvalluvar Aandu – 2052

Part IV—Section 4

CENTRAL ACTS AND ORDINANCES

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 2.40 Paise.

Short title

extent and

commencement.

[ 89 ]

IV-4-31

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 30th June 2021 / Asadha 9, 1943 (Saka).

The following Central Ordinance promulgated by the President of India is hereby

re-published for general information:—

THE ESSENTIAL DEFENCE SERVICES ORDINANCE, 2021

No. 7 OF 2021

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 of nation and the life and property of public at large and for matters

connected therewith in incidental thereto.

Wඐඍකඍඉඛ Parliament is not in session and the President is satisﬁ ed that circumstances

exist which render it necessary for him to take immediate action;

N඗ඟ Tඐඍකඍඎ඗කඍ, 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) This Ordinance may be called the Essential Defence Services Ordinance, 2021.

(2) It extends to the whole of India.

(3) It shall come into force at once.

TAMIL NADU GOVERNMENT GAZETTE

[Part IV—Sec. 4

Deﬁ nitions.

(1) In this Ordinance, unless the context otherwise requires,—

(a) “essential defence services” means —

(i) any service in any establishment or undertaking dealing with

production of goods or equipment required for any purpose

connected with defence;

(ii) any service in any establishment of, or connected with, the armed

forces of the Union or in any other establishment or installation

connected with defence;

(iii) any service in any section of any establishment connected with

defence, on the working of which the safety of such establishment

or employee employed therein depends;

(iv) any other service, as the Central Government may, by notiﬁ cation

in the Oﬃ cial Gazette, declare to be essential defence services,

the cessation of work of which would prejudicially aﬀ ect the —

(I) production of defence equipment or goods; or

(II) operation or maintenance of any industrial establishment or

unit engaged in production of goods or equipment required

for any purpose connected with defence; or

(III) repair or maintenance of 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 any

number of persons who are or have been so engaged to continue to

work or to accept employment, and includes—

(i) refusal to work overtime, where such work is necessary for the

maintenance of the essential defence services;

(ii) any other conduct which is likely to result in, or results in,

cessation or retardation or disruption of work in the essential

defence services.

(2) Words and expressions used herein and not deﬁ ned but deﬁ ned in the Industrial

Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.

14 of 1947.

Power to prohibit

strikes in

essential defence

services.

3. (1) If the Central Government is satisﬁ ed that in the —

(a) public interest; or

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

(d) public order; or

(f) morality,

it is necessary or expedient so to do, il may, by general or special order, prohibit

strikes 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 ﬁ t to bring it to the notice of the persons aﬀ ected by such

order.

Aug. 4, 2021]

TAMIL NADU GOVERNMENT GAZETTE

(3) An order made under sub-section (1) shall be in force for six months, but the

Central Government may, by a like order, extend it for any period not exceeding six months,

if it is satisﬁ ed 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;

(b) any strike declared or commenced, whether before or after the issue of such

order, by persons engaged or employed in such services shall be illegal.

4. Where any order has been issued under sub-section (1) of section 3, any police

oﬃ cer may take all such measures as such oﬃ cer may deem ﬁ t including the use of police

force, if he considers necessary, to remove any person, whose presence in any area

connected with the—

Removal of

Persons.

(a) defence equipment production services; or

(b) operation or maintenance of any industrial establishment or unit engaged

in production ormanufacturing of goods or equipment required for any

purpose connected with defence; or

to the functioning, safety or maintenance of the essential defence services.

5. (1) Any person —

(a) who commences a strike which is illegal under this Ordinance or goes or

remains on, otherwise takes part in, any such strike; or

Dismissal of

employees

participating in

illegal strikes.

(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 (1),no inquiry shall be necessary if the authority

empowered to dismiss or remove such person is satisﬁ ed that for some

reason, to be recorded by that authority in writing, it is not reasonably

practicable to hold such inquiry.

Any person, who commences a strike which is illegal under this Ordinance or

goes or remains on, or otherwise takes part in, any such strike, shall be punishable with

imprisonment for a term which may extend to one year or with ﬁ ne which may extend to ten

thousand rupees, or with both.

Penalty for illegal

strikes.

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 Ordinance, shall be punishable

with imprisonment for a term which may extend to two years, or with ﬁ ne which may extend

to ﬁ fteen thousand rupees, or with both.

Penalty for

instigation, etc.

Any person, who knowingly expends or supplies any money in furtherance

or support of a strike which is illegal under this Ordinance, shall be punishable with

imprisonment for a term which may extend to two years, or with ﬁ ne which may extend to

ﬁ fteen thousand rupees, or with both.

Penalty for giving

ﬁ nancial aid to

illegal strikes.

TAMIL NADU GOVERNMENT GAZETTE

[Part IV—Sec. 4

Power to prohibit

lock-outs in

any industrial

establishment or

unit engaged in

essential defence

services.

9. (1) If the Central Government is satisﬁ ed that in the—

(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

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 Government may deem ﬁ t to bring il to the notice of the persons

aﬀ ected by such order.

(3) An order made under sub-section (1) shall be in force for six months, but

the Central Government may, by a like order extend it for any period

not exceeding six months, if it is satisﬁ ed that in the public interest it is

necessary so to do.

(4) Upon 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 lock-out declared or commenced, whether before or after the issue of

such order, by any employer engaged in the essential defence services

shall be illegal.

(5) Any employer of an industrial establishment or unit engaged in the essential

defence services, who commences, continues, or otherwise acts in furtherance of a

lock-out which is illegal under this section, shall be punishable with imprisonment for a term

which may extend to one year or with ﬁ ne which may extend to ten thousand rupees, or

with both.

Power to prohibit

lay-oﬀ in any

industrial

estblishment or

unit engaged in

essential defence

services.

10. (1) If the Central Government is satisﬁ ed that in the—

(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 borne on the muster rolls of

any industrial establishment 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 ﬁ t to bring it to the notice of the persons aﬀ ected by the

order.

Aug. 4, 2021]

TAMIL NADU GOVERNMENT GAZETTE

(3) An order made under sub-section (1) shall be in force for six months, but the

Central Government may, by a like order, extend it for any period not exceeding six months,

if it is satisﬁ ed that in the public interest it is necessary or expedient so to do.

(4) Upon the issue of an order under sub-section (1),—

(a) no employer in relation to an establishment to which such order applics

shall lay-oﬀ or continue the lay-oﬀ any workman (other than a badli workman or a casual

workman) whose name is borne’ on the muster rolls of any industrial establishment or

unit engaged in the essential defence services, 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 beneﬁ ts under any law for 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-oﬀ or continuation of laying-oﬀ is illegal under this section, be punishable with

imprisonment for a term which may extend to one year or with ﬁ ne which may extend to

ten thousand rupees, or with both.

2 of 1974.

11. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any

police oﬃ cer may arrest without warrant any person who is reasonably suspected to have

committed any oﬀ ence under this Ordinance.

Power to arrest

without warrant.

2 of 1974.

12. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

all oﬀ ences under this Ordinance shall be tried in a summary way by any Metropolitan

Magistrate or any Judicial Magistrate of the ﬁ rst class, specially empowered in this behalf

by the State Government and the provisions of sections 262 to 265 (inclusive) of the said

Code shall, as far as may be, apply to such trial:

Oﬀ ences to be

tried summarily.

Provided that in a case of conviction for any oﬀ ence in a summary trial under this

section, it shall be lawful for such Magistrate to pass a sentence of imprisonment for any

term for which such oﬀ ence is punishable under this Ordinance.

2 of 1974

13. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all

oﬀ ences punishable under this Ordinance shall be cognisable and non-bailable.

Cognizance of

oﬀ ences.

14. Any reference in this Ordinance to any law which is not in force in any area and to

any authority under such law shall, in relation to that area, be construed as a reference to

the corresponding law in force in that area and to the corresponding authority under such

corresponding law.

Reference of

other laws in

certain areas.

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

Government or any oﬃ cer for anything which is in good faith done or intended to be done

under this Ordinance.

Protection of

action taken in

good faith.

14 of 1947.

16. The provisions of this Ordinance and of any order issued thereunder shall have

eﬀ ect notwithstanding anything inconsistent therewith contained in the Industrial Disputes

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

Ordinance to

override other

laws.

Amendment of Act

14 of 1947.

17. In the Industrial Disputes Act, 1947, in section 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 defence services” shall be substituted.

TAMIL NADU GOVERNMENT GAZETTE

[Part IV—Sec. 4

Laying of

notiﬁ cations

before

Parliament.

18. Every notiﬁ cation 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 modiﬁ cation in such

notiﬁ cation or both Houses agree that the notiﬁ cation should not be issued, the notiﬁ cation

shall thereafter have eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the case may

be; so, however, that any such modiﬁ cation or annulment shall be without prejudice to the

validity of anything previously done under that notiﬁ cation.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING,

CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

RAM NATH KOVIND,

President.

Aඖ඗඗඘ ඓඝඕඉක ඕඍඖඌඑකඉගගඉ,

Secretary to the Government of India.

(Re-published by Order of the Governor)

A.S. PASUPATHI,

Additional Secretary to Government,

Law Department.