ESSENTIAL SERVICES MAINTENANCE (ASSAM) ACT 1980
THE ESSENTIAL SERVICES MAINTENANCE (ASSAM) ACT,1980
ACT No. 41 OF 1980
19th July, 1980
An Act to provide for the maintenance ofcertain essential services and the normal life of the community in Assam
Be it enacted by Parliament in theThirty-fifth Year of the Republicof India as follows: –
1.Short title and extent: (1) This Act may be called the Essential ServicesMaintenance (Assam)Act, 1980.
(2) It extends to the whole of the State ofAssam.
2.Definitions: (1) In this Act, unless the context other wise requires, –
(a) 1 [*]
2 [(b) "essential service" means-
(i) any transportservice for the carriage of passengers or goods, by land or water, with respectto which the Legislative Assembly of the State of Assam has power to make laws;
(ii) any serviceconnected with the production, storage, supply or distribution, as the case maybe, of gas or water;
(iii) any serviceconnected with the maintenance of public health and sanitation, includinghospitals and dispensaries;
(iv) any public servicesmade post in connection with the affairs of the State, and also personsappointed to the secretarial staff of the Legislative Assembly of the State ofAssam;
(v) any other service or employment orclass thereof, connected with matters with respect to which, the LegislativeAssembly of the State of Assam has power to make laws and which the StateGovernment, being of opinion that strikes therein would prejudicially affectthe maintenance of any public utility service, the public safety or the maintenanceof the supplies and services necessary for the life of the community or wouldresult in the infliction of grave hardship on the community, may, bynotification in the Official Gazette, declare to be an essential service forthe purposes of this Act;
(bb) "StateGovernment" means the State Government of Assam;]
(c) "strike" means the cessationof work by a body of persons employed in any essential service acting incombination or a concerted refusal or a refusal under a common understanding ofany number of persons who are or who have been so employed to continue to workor to accept employment, and includes-
(i) refusal towork overtime where such work is necessary for the maintenance of any essentialservice;
(ii) any otherconduct which is likely to result in, or results in cessation or substantialretardation of work in any essential service.
(2) Every notification issued 3 [undersub-clause (v)] of clause (b) of sub-section (1) shall be laid before eachHouse of Parliament immediately after it is made if it is in session and on thefirst day of the commencement of the next session of the House if it is not insession, and shall cease to operate, at the expiration of forty days from thedate of its being so laid or from the re-assembly of Parliament, as the casemay be, unless before the expiration of that period a resolution approving theissue of the notification is passed by both Houses of Parliament.
Explanation: Where the Houses of Parliamentare summoned to reassemble on different dates, the period of forty days shallbe reckoned from the later of those dates.
(3) Any reference in this Act to any lawwhich is not in force in any area of the State of Assam and to any authorityunder such law shall, in relation to that area, be construed as a reference tothe corresponding law in force in that area and to the corresponding authorityunder such corresponding law.
subsection by Act 40 of 1981, S.13 (w.e.f.26.7.1981) It shall cease to haveeffect on the expiry of nine years from the date of assent to the Act 40 of1981 i.e.23.9.1981.
1. Clause (a) omitted by the EssentialServices Maintenance Act, 1981 (40 of 1981), Section 13 (a) (1) (i) (w. e. f.26-7-1981). It shall cease to have effect on the expiry of nine years from the dateof assent to the Act 40 of 1981 i.e.23.9.1981.
2. Clauses (b) and (bb) substituted for theoriginal clause (b) by the Essential Services Maintenance Act, 1981 (40 of1981), Section 13 (a) (1) (ii) (w. e. f. 26-7-1981).
3. Substituted for thewords "under sub-clause (iv)" by the Essential Services MaintenanceAct, 1981 (40 of 1981), Section 13 (a) (2) (w. e. f. 26-7-1981).
3.Power to prohibit strikes in certainemployments: (1) If the 1 [State Government] is satisfied that in the publicinterest it is necessary or expedient so to do, it may, be general or specialOrder, prohibit strikes in the State of Assam in any essential servicesspecified in the Order.
(2) An Order made under sub-section (1)shall be published in such manner as the 1 [State Government] considers bestcalculated 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 may, by alike Order, extend it for any period not exceeding six months if it satisfiedthat in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an Order undersub-section (1), –
(a) no personemployed in any essential service to which the Order relates shall go or remainon strike;
(b) any strikedeclared or commenced, whether before or after the issue of the Order, bypersons employed in any such service shall be illegal.
1. Substituted for the words"appropriate government" by the Essential Services Maintenance Act, 1981(40 of 1981), Section 13 (b) (w. e. f. 26-7-1981).
4.Dismissal of employees participating in illegal strikes: Any person whocommences a strike which is illegal under this Act or goes or remains on, orotherwise takes part in, any such strike, shall be liable to disciplinaryaction (including dismissal) in accordance with the same provisions as areapplicable for the purpose of taking such disciplinary action (includingdismissal) on any other ground under the terms and conditions of serviceapplicable to him in relation to his employment.
5.Penalty for illegal strikes: Any person who commences a strike which isillegal under this Act, or goes or remains on, or otherwise takes part in, anysuch strike shall be punishable with imprisonment for a term which may extendto six months, or with fine which may extend to one thousand rupees or withboth.
6.Penalty for instigation etc.: Any person who instigates or incites otherperson to take part in, or otherwise acts in furtherance of a strike which isillegal under this Act shall be punishable with imprisonment for a term whichmay extend to one year, or with fine which may extend to two thousand rupees,or with both.
7.Penalty for giving financial aid to illegal strikes: Any person whoknowingly expends or supplies any money in furtherance or support of a strikewhich is illegal under this Act shall be punishable with imprisonment for aterm which may extend to one year, or with fine which may extend to twothousand rupees, or with both.
8.Power to arrest without warrant: Notwithstanding anything contained inthe Code of Criminal Procedure, 1973(2 of 1974), any police officer may arrestwithout warrant any person who is reasonably suspected of having committed anyoffence under this Act.
9.Offences to be tried summarily: Notwithstanding anything contained in theCode of Criminal Procedure, 1973, all offences under this Act shall be tried ina summary way by a Judicial Magistrate of the first class specially empowers inthis behalf by the 1 [State Government] and the provisions of sections 262 to265 (both inclusive) of the said Code shall, as far as may be, apply to suchtrial:
Provided that in a case of conviction forany offence in a summary trial under this section, it shall be lawful for theMagistrate to pass a sentence of imprisonment for any term for which suchoffence is punishable under this Act.
1. Substituted for the words"appropriate government" by the Essential Services Maintenance Act,1981 (40 of 1981), Section 13 (b) (w. e. f. 26-7-1981).
10.Act to overrideother laws: The provisions of this Act and of any Order issued thereunder shall have effect notwithstanding anythinginconsistent therewith contained in the Industrial Disputes Act, 1947(14 of1947), or in any other law for the time being in force.
11.Repeal andsaving: (1) The Essential Services Maintenance (Assam) Ordinance 1980(2 of 1980),is hereby repealed.
(2) Notwithstanding such repeal, anythingdone or any action taken under the said Ordinance shall be deemed to have beendone or taken under this Act, as if this Act had come into force on the 6th dayof April, 1980.