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Title: Essential Services Maintenance Act, 1968
State: Central
Year: 1968
Preamble1 - ESSENTIAL SERVICES MAINTENANCE ACT, 1968 Section1 - Short title, extent and duration Section2 - Definitions Section3 - Power to prohibit strikes in certain employments Section4 - Penalty for illegal strikes Section5 - Penalty for instigation, etc. Section6 - Penalty for giving financial aid to illegal strikes Section7 - Power to arrest without warrant Section8 - Act to override other laws Section9 - Repeal and saving
List Judgments citing this sectionEssential Services Maintenance Act, 1968 Preamble 1
Title: Essential Services Maintenance Act, 1968
State: Central
Year: 1968
THE ESSENTIAL SERVICES MAINTENANCE ACT, 1968 [Act, No. 59 of 1968] [28th December, 1968] PREAMBLE 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:--
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 2
Title: Definitions
State: Central
Year: 1968
.....of grave hardship on the community may, by notification in the Official Gazette declare to be an essential service for the purpose of this Act; (b) "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 employed to continue to work or to accept employment, and includes-- (i) refusal to work overtime where such work is necessary for the maintenance of any essential service; (ii) any other conduct which is likely to result in or results in, or results in, cessation or substantial retardation of work in any essential service. (2) 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 its 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 Parliament, as the case may be, unless before the expiration of that period a.....
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 9
Title: Repeal and Saving
State: Central
Year: 1968
(1) The Essential Services Maintenance Ordinance, 1968, is hereby repealed. (2) 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.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 1
Title: Short Title, Extent and Duration
State: Central
Year: 1968
(1) This Act may be called the Essential Services Maintenance Act, 1968. (2) 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. (3) 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, shall apply upon such cesser of operation of this Act as if it had then been repealed by a Central Act.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 6
Title: Penalty for Giving Financial Aid to Illegal Strikes
State: Central
Year: 1968
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.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 7
Title: Power to Arrest Without Warrant
State: Central
Year: 1968
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 8
Title: Act to Override Other Laws
State: Central
Year: 1968
The provisions of this Act and of any Order issued thereunder shall have effect notwithstanding inconsistent therewith contained in the Industrial Disputes Act, 1947, or in any others law for the time being in force.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 5
Title: Penalty for Instigation, Etc.
State: Central
Year: 1968
Any person who instigates, or incites other persons to take part in or otherwise acts in furtherance of, a strike which is illegal under the Act shall be punishable with imprisonment of a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
View Complete Act List Judgments citing this sectionEssential Services Maintenance Act, 1968 Section 4
Title: Penalty for Illegal Strikes
State: Central
Year: 1968
Any person who commences a strike which is legal 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.
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