Gujarat Essential Services Maintenance Act, 1972 PDF

GOVERNMENT OF GUJARAT LEGAL DEPARTMENT "Gujarat Act No. 23 of 1972 Shas ‘The Gujarat Essenti al Services ©... 7." Act, 1972." Maintenance (As ‘modified upto 30th. June 1981)...

GOVERNMENT OF GUJARAT LEGAL DEPARTMENT "Gujarat Act No. 23 of 1972 Shas ‘The Gujarat Essenti al Services ©... 7." Act, 1972." Maintenance (As ‘modified upto 30th. June 1981) [= PRINTED -IN INDIA BY THE MANAGER, GOVERNMENT CNETRAL PRESS,. GANDHINAGAR, PUBLISHED BY THE.DIRECTOR, GOVERNMENT PRINTING, PUBLICATIONS AND STATION7RY, GUJARAT STATE, AHMEDABAD. igen. 4. ~ : Price”: Rs. 00-55 np. 1972 : Guj. 23] THE GUJARAT ESSENTIAL SERVICES MAINTENANCE ACT, 1972, CONTENTS. PREAMBLE. SECTIONS. 1. Short title, oxtent and commencement. 2. Dufinitions. 3. Power to prohibit strikes in certain ort 4. Penalty for illogal strikes. | 5. Ponalty for instigation ote. 6. Penalty for giving financial aid to illegal strikes. 7. Section 4,5 or 6 in addition +o disap action. 8. Powerto arrest without. warrant and offoncss to be non-bailable. 9. Saving. H-3896-i  GUJARAT ACT NO. 23 OF 1972.0» ° - [Tee GusArar Essentiar Servioss Matsrmxaxo Aon, 1972.] i [12th December, 1972.] Amented by Guj. 34 of 1980. An Act to provide for the maintenance of certa in essential services and the normal life of the community, ’ It is hereby enacted in the Twenty-third Year of tho Republic of India a follows :— 1.. (I) This Act may be called: the Gujarat Essential Services Maintenance Act, 1)72. A Short title, : 3 SRL Ey extent and (2) It extends to the whole of the State of Gujarat.” Somiiengss ) | : i ) pore te | ' ment. (3) It shall come into forco:at once. 2, (I) In this Act, unless the context otherwise requires,— Definitions. - (a) essential service” means,— (9) all employment under the State Government (including all officers and servantsof the State Legislature Secretariat and of the High Court); (6) any other employment or class of employment connected with matters with respect to which the State Legislature has power to make laws, in res- peet of which the State Government is of opinion that strikes in such employ - ment or class of employment would prejudicially affect the: maintenance of any public utility service, the public safety or the maintenance of ‘supplies “or serviges essential to the life of, the commanity: or would result in the infliction of grave hardship on the community, and which the State Government declares, by notification in the Official Gazette, to bo an esiential service for the purposes:of this Act: ; i (b) “strike” moans the cossation of work by a body of persons employad in any essential s0Tvie acting in combination or a concerted refusal or a rofusal und a er common undorstanding of any numberof porsons who aro or havo bean so employed to continue to work or te accept employment, and includes— Cat ‘ (3) rofusnl to work overtime whore such work is negostary for the main- tenance of any essontinl servico ; Eh (#6) any other conduct which islikolyto resultin, or rosults in, cessation or substantial retardation of worl in any ossontial sorvico. 1. Tor Statement of Objeets and Ronson see Gujiwat Government Gazette, xtra Ordinary, Part V, dated 11th December, 1072, p. 328, ) y. * This Aol was asgonted to by the Governor on tho 126th Dooombor 1072. vo H-3806-1  2 Gujarat Tssential Services Maintenance Act, 1972 [1972:Guj. 23 (?) ificabion Every notif issued icnti ii of clauso i on undor sub-clafuuso (ii) auso («) of sub-soction (a) (1) shall De laid bofore the State Logislature immodiately aftorit is made if itis in sossion, and on the first day of tho commencement of tho nox sossion of the Legislature if it is not in sossion, and shall cone to oporato ab tho expiration of forty days from the dato of its boing so laid or from tho Eats Ss Stato Logislature, as tho case may bo, unloss boforo tho AE poi period a resolution approving the iesué of tho no.ification 1s passed by tho State Legislaturo. Power to pro- 3. (I) Ifthe Stato Governmontis satisfied that in the public intorest it 13 hibit strikes nocossary or exprdiont so to do, it may, by general or special order, prohibit in certain employments. strikes in any essential service specified in tho Order (2) An Order mad under sub-section (Z) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the porsons affected by the Order. (3) An ‘Order made under sub-section (7) shall be in force for six months only, but the State Government may, by & like Order, extend it for any period not oxceeding six months if it is sauisfied that in the public interest it is necessary or expediont so to do. : (4) Upon the issue of an Ordor under sub-section (I),— (2) no porson employed in any essential service to which the Order relates shall go or remainon strike ; ; (b) any strike declared or commonced, whothor before or after the issue -of the Order, by persons employed in any such sorvico shall be illegal. Penalty for 4. Any person who commences a strike which is illogal under this Act or illegal strikes. goos or remains on, or otherwise takespart in, any such strike shall, on convie- tion, be punished with imprisonment for 2 term which may extend to six months, or with fine which may oxtend to two hundred rupees, or with both. Penalty for 5. Any person who instigates or incites othor persons to take part in, or othor- instigation wise acts in furtherance of, a strike which is illegal under this Act shall, on con- ete. viction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Penalty for giving finan. 6.. Any person who knowingly expends oz supplios eny monay in furtherance cial aid to OT support of a strike which is illegal under this Act shall, on conviction, be illegal strikes, Punished with imprisonmont for s tcrm which may oxtond to ono year, or with fine which may oxtend to ono thousand rupeos, or ‘with both. Section 4, 5 or 6 in add;- Li Any action taken undor section 4, 5 or 6 shall not affect, and shall be in tion to disoj- plinary addition to, any action of a disciplinary nature or any consequence ‘which may nsus, and to which any per action, 80rviee or employment, son may be liablo by the terms and conditions of his 25  1972 : Guj. 2 23] | Gujarat Essential Services Maintenance 4 ct, 1972 3 i i : : ~ #Vof 8. : hstand Notwithst oFi anding oos i yi Wi g anvil: yom bai nad in the Cod 1898*any police warrant an i" of Criminal Procedure Power to 1898. o do n wit hou t ably suspected of having lab h oft onc e und or tds Aol who is allroasonof on arrest without under this Act chall bo non bri 2 ob; and offoncos warrant end -bailable. offences to be non-bailable = 9. Nothin d ed ini thi g containeain l. X ng an indust this Act shall appl appy to e 1[( not bei { str ot many industry Saving. LC gen ora tos ohc tai sty. T sup plios or distri butles Rel icityActTe oehe h pub electrons lie ),] to ust chl thyDisput whiria es public or Bo pr pd dot of the mbay Industria ati 36, 6 or tho Ind 3 as ot, 1947 & & a apply. — 1. Th ese bracke : ok ts and words were inserted by Guj. 34 of 1980, 8 2 PRESS, GANDHINAGAR, GOVERNMENT CENTRAL PRINTED AT THE Obtainable from (he Gujarat Government Publications Depot, | Az mkhen Palace, Bhadra, Ahmedabad (for orders from the molussil); from ‘the Government Book Depot, Rajkot, Government Book Depot, Baroda or through the High Commis- sioner for India, India House, Aldwych, London W.C.2 gr through any recognised Bookseller,