The Essential Services Maintenance Act, 1968

7/18/2015 The Essential Services Maintenance Act, 1968
The Essential Services Maintenance

Act, 1968
Central Government Act
The Essential Services Maintenance Act, 1968
THE ESSENTIAL SERVICES MAINTENANCE ACT, 1968
ACT NO. 59 OF 1968 [ 28th December, 1968 1
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.[1]
(1)[2] Short title extend and duration. This Act may be called the
Essential Services Maintenance Act, 1968 .
(2)[3] 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.
chromeextension://iooicodkiihhpojmmeghjclgihfjdjhj/front/in_isolation/reformat.html 1/8
(3)[4] It shall cease to have effect on the expiry of three years from the
date 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 , (10 of 1897 ), shall apply
upon such cesser of operation of this Act as if it had then been
repealed by a Central Act.
2.[5]
(1)[6] Definitions. In this Act,-
(a)[7] " essential service" means-
(i)[8] any postal, telegraph or telephone service;
(ii)[9] 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;
(iii)[10] any service connected with the operation or maintenance of

aerodromes, or with the operation, repair or maintenance of aircraft;
(iv)[11] any service connected with the loading, unloading, movement

or storage of goods in any port;
(v)[12] any service connected with the clearance of goods or

passengers through the customs or with the prevention of smuggling;
(vi)[13] any service in any mint or security press;
(vii)[14] any service in any defence establishment of the Government

of India;
(viii)[15] any service in connection with the affairs of the Union, not
being a service specified in any of the foregoing sub- clauses;
(ix)[16] 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 community 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)[17] " 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)[18] refusal to work overtime where such work is necessary for the
maintenance of any essential service;
(ii)[19] any other conduct which is likely to, result in, or results in,
cessation or substantial retardation of work in any essential service.
(2)[20] 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 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 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. Explanation.- 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.[21]
(1)[22] Power to prohibit strikes in certain employments. 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.
(2)[23] 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)[24] 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)[25] Upon the issue of an Order under sub- section (I),-

(a)[26] no person employed in any essential service to which the Order
relates shall go or remain on strike;
(b)[27] any strike declared or commenced, whether before or after the

issue of the Order, by persons employed in any such service shall be
illegal.
4.[28] Penalty for illegal strikes. 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 extend to six months, or with fine which may
extend to two hundred rupees, or with both.
5.[29] Penalty for instigation, etc. 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 which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
6.[30] Penalty for giving financial aid to illegal strikes. 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.
7.[31] Power to arrest without warrant. Notwithstanding anything

contained in the Code of Criminal Procedure, 1898 , (5 of 1898 ), any
police officer may arrest without warrant any person who is
reasonably suspected of having committed any offence under this Act.
8.[32] Act to override other laws. The provisions of this Act and of any
Order issued thereunder shall have effect notwithstanding anything
inconsistent there with. contained in the Industrial Disputes Act, 1947
, (14 of 1947 ), or in any other law for the time being in force.
9.[33]
(1)[34] Repeal and saving. The Essential Services Maintenance
Ordinance, 1968 , (9 of 1968 ), hereby repealed.
(2)[35] 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 .
Links
1. http://indiankanoon.org/doc/1327886/
Get a free Evernote account to save this

article and view it later on any device.
Create account

The Essential Services Maintenance Act, 1968

Uploaded by

Copyright:

Available Formats

The Essential Services Maintenance Act, 1968

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Essential Services Maintenance Act, 1968

Uploaded by

Copyright:

Available Formats

7/18/2015 The Essential Services Maintenance Act, 1968

The Essential Services Maintenance

Central Government Act

The Essential Services Maintenance Act, 1968

THE ESSENTIAL SERVICES MAINTENANCE ACT, 1968

ACT NO. 59 OF 1968 [ 28th December, 1968 1

An Act to provide for the maintenance of certain essential services

BE it enacted by Parliament in the Nineteenth Year of the Republic of

(iii)[10] any service connected with the operation or maintenance of

(iv)[11] any service connected with the loading, unloading, movement

(v)[12] any service connected with the clearance of goods or

(vi)[13] any service in any mint or security press;

(vii)[14] any service in any defence establishment of the Government

(b)[17] " strike" means the cessation of work by a body of persons

resolution approving the issue of the notification is passed by both

(4)[25] Upon the issue of an Order under sub- section (I),-

(b)[27] any strike declared or commenced, whether before or after the

which is illegal under this Act or goes or remains on, or otherwise

7.[31] Power to arrest without warrant. Notwithstanding anything

(2)[35] Notwithstanding such repeal, anything done or any action

Get a free Evernote account to save this

You might also like