The Sikkim Essential Services Maintenance Act, 1993 Complete Act - Bare Act

EXTRAORDINARY PUBLISHED BY AUTHORITY

Gangtok, Monday 18th October, 1993.

No. 143

No.

9/LD/1993.

GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK

NOTIFICATION

Dated Gangtok the 18th October, 1993.

The following Act of the Sikkim Legislative Assembly Secretariat having received the assent

of

the Governor on 11th day

of

October, 1993 is hereby published for general information :

An Act

to

make provisions for the maintenance of certain essential services and the normal life

of

the community.

WHEREAS it is expedient to make provisions for the maintenance

of

certain essential services and the normal life

of

the community.

BE it enacted by the Legislature d Sikkim in the Forty-fourth Year

of

the Republic of India as follows :

(1) This Act may be called the Sikkim Essential Services Maintenance Act, 1993,

(2) It extends to the whole

of

Sikkim

.

(3) It shall

come

into force on such date as the State Government may, by notification appoint.

(4) It shall remain in force for a period

of four

years from the date

of

its commencement:

Provided that the said period may be extended by the Government, by notification in the Official Gazette, for a period

of

two years not exceeding one year at a time.

In this Act, unless the context otherwise requires

(1) "Essential service" means

(a) any service connected with the supply

of

water;

(b) any service connected with any department

of

the Staff Government or any local authority relating

to

procurement, storage, distribution and supply

of

food and other essential commodities ;

(c) any service connected with the supply of electricity ;

(d) any service connected with medical aid treatment or administration of hospitals and

(e) dispensaries and other similar establishments or institutions; any service connected with any department of the State Government or any

(h) any other service "Which the State Government, being of opinion that strikes therein would prejudicially effect the maintenance or 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 essential service for the purpose of this Act.

(2) "Strike" means the cessation of work by persons employed in any essential service acting in combination or a concerted refusal or a refusal under

(a) 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 refusal to work over time "Where such work is necessary for the maintenance of any essential service;

(b) any other conduct which is likely to result in or results in, cessation or substantial retardation of work in any essential service.

3. (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 strikes in any essential service specified in the order.

(2) An order made under sub-section (I) shall be published in the Official Gazette or in such manner as the State Government considers best calculated to bring it to the notice of the persons to be effected 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 any 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) :

(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.

Any person

4(a) who commences a strike which is illegal under this Act or goes or remains on, or

(b) otherwise takes part in, any such strike, or

who instigates or incites other persons to take part in or otherwise act s in furtherance of a strike which is illegal under t his Act, or

(c) who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under the Act, or

(d) who by the use of force or show of force or otherwise, prevents any other persons employed in any essential service, specified in the order issued under sub-section (1) of section 3, from performing his duties under such employment, shall 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.

Any offence under this Act shall be .cognizable and non-bailable.

The provisions of this Act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force.