clirrigenduj\ 'at 9 to the essentiml services m:,djtena'\ce yill, 1981 (l2j>el's in:t_rodu~g_ in _lok s1~~)' page 4, line 34,-i£! "est  blishmentsll redd "est  blishment" -i'ievv delhi; ecptember 9: ~981 hadra 18, 1903 {s~k;r  the essential s~rvices maintenance bill, l981a bill to provide jot the maintenance of certain essential services and the normtll life of the community be it enacted by parliament in the thirty-second year of the &public of india as f"llows:~ short title, extent, 1 (1) this act may be called the essential services maintenanc:e act, 1981 (2) it extf!nds to the whole of india! provided that it shall nct apply to the state of jammu and kashmir in so fat as it relates to any essential service connected with mattera commen~ cement and duration wit~ respect to which parliament has no power to tnak' laws tor that state· i f 1897 to (3) sections 8 anrt 9 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 26th day of july, 1981 (4) it shall cease to have effect on the expiry of four years from the date on which this act receives the assent of the president except as 15 respects ~gs 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 ces8~r of operation of this act as if it had then been repeaiett by a central act z (1) in this act, unless the context otherwise requires,-deftni-120 (a) "essential service" meanstiona (i) any postal, telegraph or telephone service, includinr any service connected therewith; (it) ally railway service or any transport service for the carriage of passengers or goods by air or any other transport service for the carriage of passengers or goods by land or watet with respect to which parliament has power to make laws; (iii) any service connected with the operation or maintenance of aerodromes, or with the operation, repair or maintenance of aircra'ft, or any service in the international airports 5 authority of indi:! constituted under section 3 of the international airports authority act, 1971; 43 of 1971 (iv) any service in, or in connection with the working of, any major port, inrluding any service connected with the loading, 'unloading, movement or storage of goods in any such port; 10 (v) any service connected with the clearance of goods or passengers through the cpstoms or with the prevention of smuggling; (vi) any service in any establishment of, or colulected with, the armed forces of the union or in any other establishments 15 or installations connected with defence; ~-(vii) any service in any establishment or undertakina dealing with the production of goods required for any purpose connected with defence; ,(viii) any service in any section of any inciustrial under-~o taking pertaining to a scheduled industry on the working of which the safety o'f such undertalting or· the employees employed therein depends 68 of 1951 explanation-for the purposes of this sub-clause, the expressions "industrial undertaking" and "scheduled industty' 25 shall have the meanings respectively assigned to them in clauses (d) and (i) of section 3 of the industries (development and regulation) act, 19~1; ·tw (ij:) any service in, or in connection with, the working of any undertaking owned or controlled by the central govem- 30 ment being an undertaking engaged in the purchase, procurement, storage, supply or distribution of foodgrains; , (x) any service in, or in connection with the working of, any system of public conservancy, sanitation or water supply, hospitals or dispensaries, in any union territory, cantonment s5 area or undertaking owned or controlled by the central government; (xi) any service in connection with or in relation to bank· ing; (~i) any service in any est~blish~e~to~ undertaking deal- 4d in~ ,with the production, supply or dlstnbutlon of coal, power, st~ or fertilizers;' (xiii) any service in any oilfield 9r refinery or inany estab- lishment or undertaking dealing with the production, supply or distribution of petroleum and petroleum products; 45 (xiv) any service in any mint or security press; (xv) any service in connection with elections to parliament or to the legislatures of the states; (xvi) any service in co~mection with the affairs of the union, not being a service spe~ifled in any of the foregoingsub-clwses; 50  " i 5 (~ii) 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 gr:ave hardship on the community, may, by notification in the official gazette, declare to be an essential service for the purposes of this act; 10 (b)  strike" means the cessation of work by a body of persons while employed in any essential service acting in combination or a -concerted refusal or a refusal under a common unrlerstanding of any number of persons who are or have been so employed to continue to work or to accept work assigned, and includes-15 (i) refusal to work overtime where such work is necessary for the maintenance of any essential service; (ii) any oth~r conduct which is likely to result in, or results in, cessation or substantial retardation of work in any essential service; !20 14 of 1m7 (c) words and expressions use:d in sections 8 and 9 and not defined, but rlefined in the industrial disputes act, 1947, shall have the meanings respectively assigned to them in that act (2) every notification issued under sub-clause (xvii) of clause (a) of sub-section (1) shall be laid before each house of parliament immegs diately 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 ('\1 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 resolution approv-30 ing the issue o'f the notification is passed by both ho'uses 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) any reference in this act to any law which is not in force in any 35 area and to any authority under such law shall, in relation to that area, be construed as a reference to the corresponding law in force in that area and to the corresponding authority under such corresponding law 3 (1) if the central government is satisfied that in the public interest it is necessary or l'xpedient so to do, it'may, by general or 40 special order, prohibit strikes in any essential service specified in the ortler power to prohibit strikes in certain employments (2) 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 45 (3) an order made under sub-seotion (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 n~cessary or expedient so to do, (4), upon tae issue of :m order under sub-section (1) ,-(a) no person ~mployed in any essential service to which the ordei relates shall go or remain on strike; (b) any strike declared or commenced whether before or after the isue! of the or~r, by ~rsons employed in any such service 5 shall be illegal 4 any person,-(a) who commences a strike which is illegal under this act or goes or remains on, 01' otherwise takes part in, any such strike; or  (b) who instigatea or incites oth~ persons to commence, or go 10 or remain on, or otherwise take part in, any such strike, dlamiasal of employees participat-ing in hie  r strikes shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the tenns anci conditions of service applicable to him in relation to his 15 employment penalty for illegal strikes 5 any person who commences a strike which is illegal under this act or goes or remains (in, 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 one thc1usa~d rupees, or 20 with both penalty for instigation, etc 6 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 two thousand rupees, or 25 with both 7 any person wao kn!lwingly expends or supplies any money in furtherance or suppqrt of a strike which is illep! under this act shall be punishable with imprisonment for a term which may extend· to one year, or with fine which may extend to two thousand rupees, or with 30 both penalty for giving financial aid to illegal strikes 8 (1) if the central government is satisfied that in the public inter~st it is n~~ss~ry of, e~pedient so to do, it may, by general or special order, prohibit lock-outs in any establishments pertaining to any essential service specified in the order 35 power to prohibit lock-oula in certain estal:!liahmenta (2) an order made under sub-section (1) shall be publilhed in such manner as the central government considers best calculated to bring it to the notice of the persons affected by the orner (3) an ord~r made 4nder sub-section (1) shall be in force for six months only, but the central government may, by a like order, extend 4() it for any period not exce,==ding six months if it is satisfied that in the public interest it is necessary so to do (4) upon the issue of an order under sub-section (1) ,-(4) no employer in relation to an establishment to which the qreter applies sl\a~ comtqel\ce any lock-out; (b) any lock-out declared or commenced whether before or after the issue of the order by any employer in relatic-n to an establishment to which the order applies shall be illegal (5) any employer in relation to an establishment who commences, 5 colltinues or otherwise acts in furtherance o'f a lock-out which is:ulegal u~der this sectionl shall be punishable with imprisonment for a 'term which may extend to six months, or with fine which may extend to one thousand rupees, or with both i (1) if the central government is satisfied that in the public interest power to prohibit  lay  in certain eliulbliahmeid8: 10 it is neoeesany or expedient so to do,it may, by g~peral ot: i\~"l order, prohibit lay-oft, on any ground other than sho!'tage of power or natura] calamity, of any workman (other than a badli workman or a casual workman) whose name -is borne on the muster rolls of any establishment pertaining to any essential service specified in the order 15 (2) an order made under sub':seation (1) shall be published in such m~nner as the central government considers best calculated to bring it to the notice of the persons affected by the order (3) an orcler made under sub-section (1) shall be in force for six  months only, but the central government may, by a like order, extend ~o 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 rub-section (1),-(a) no employer in relation to an establishment to which the order applies shall lay-off or continue the lay-off of any workman :25 (other than a badu workman or a casual workman) whose name is borne on the muster rolls of such establishment unless such lay-oft is due to shortage of power or to natural calamity an~ any layingoff or continuation af laying-off shall, unless &"uch laying-off or continuation of laying-off is due to shortage of power or to natural 30 calamity, be illegal; (b) a workman whose laying-off is illegal under clause (a) 'shall be entitled to all the benefits under any law for the time being in force as if he had not been laid-off (5) any employer in relation to an establishment who lays off or 35 continues the laying-off (\f any workman shall, if such laying-01f or continueltion of laying-off is illegal under this section be punishable with imprisonment for a term which may extejtcl to six months, or with fine which may extend to one thousand rupees, or with both power to arrest without warrant 18 notwithstanding anything contained in the code of criminal 2 of 1974 40 procedure, 1973, any police officer may arrest without warrant any person wao is reasonably suspectecl of having committed any offence under this aot offences to be tried summari~ ly " 11 notwithstanding anything contained in the code of criminal pro~ 2 of 1974 cedure, 1973, all offences under this act shall be tried in a s'ummary way 45 by any metropolitan magistrate, or any judicial magistrate of the first class specially empowered in this behalf by the state government and the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such trial: provided that in a case of conviction for any offence in a summary tria) under this section, it shall be lawful for ·the magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this act act to ovwrtdt other la" 12 the provisions of this act and of any order issued thereunder 5 shall have effeet notwithstanding anything inconsistent therewith contained in the industrial disputes act, 1947, or in any other law for the 16 of 1947, time being in force: io 11 during the continuance in force of this act, the essential services maintenance (assam) act, 1980, shall have effect as if-(a) in section 2,-amedclment of act '1 of 1_ (1) in sub-section (1) ,-(i) clause (a) had been omitted; (ii) for clause (b), the following clauses had been substituted, namely:-15 '(b) "essential service" means--(i) any transport service for the carriage of pas/:lengers or goods, by land or water, with respect to which the legislative assembly of the state of assam has power to make laws; 20 (h) any service connected with the production, storage, supply or distribution, as the case may be, of gas or water; (iii) any service connected with the maintenance of public health and sanitation, including 2s hospitals and dispensaries; (iv) any public services and post's in connection with the affairs of the state, and also persons appoi!lted to the secretarial staff of the legislative assembly of the state of assam; 30 (v) any other service or employment or class thereof, connected with matters with respect to which the legislative assembly of the state of assam has power to make laws and which the state government, being of opinion  that strikes 35 therain would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of the supplies and services necessary for the life of the community or would result in the :nftiction of grave hardship on the community, 40 may, by notification in the official gazette, declare to be an essential service for the purposes of this act; (bb) "state government" means the state govern- 45 ment of assaini'; (2) in sub-section (2), for the words, brackets and agurei "under sub-clause (xiv) ", the words, brackets wd ftgure "under sub-clause (v)" had been substituted; (b) in sections 3 and 9, for the words "appropriate gevern-5 ment", wherever they occur, the words "state government" had been substituted of 1981 14 (1) the essential services maintenance ordinance, 1981, is hereby repealed repeal and savin, (2) notwithstanding such repeal, anything done or any action taken 10 under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act  statement of objects and reasonsthere have been certain disquieting trends likely to affect the maintenance of essential services in some vital sectors of the economy it was considered necessary that the essential services should be maintained if disruption o'f the normal life of the community and hardships to the common people were to be avoided in the interest of the continuance of production essential for national security and defence as well as for the economy, it was felt that diecipline and operational efficiency had to be maintained for the overall national good and public welfare the essential services maintenance ordinance 1981 was accordingly promulgated by the president on the 26th july 1981 to secure these objectives - 2 the ordinance was an enabling measure and defined "essential service" which, inter alia, included any service declared as such by notification by the central government the ordinance also authorised the central government to prohibit strikes in essential services, declared prohibited strikes to be illegal and provided for penalties for persons participating in such strikes as well as for persons instigating and ftnan· cing such strikes the ordinance also contained suitable provisions for nmendment of the essential services maintenance (assam) act, 1980, so as to exclude from the purview of that act essential services relating to matters which would be covered by the orrlinance 3 the bill see!ks to replace the said ordinance by a temporary act which will have operation only for a period of four years in addition, it is considered desirable that, in the interest of maintenance of supplies and services essential for the community and for keeping the wheels of producti()ll moving, lock-outs and lay--of'fs should also be prohibited in essential services in the same manner as strikes it is also proposed to 1nclhde specifically certain other services in the definition of "essential service" as contained in the bill 4 the bill seeks to achieve the above objects new delhi; the 8th september, 1981 zail singh r  memorandum regarding delegated leg~slatronitem (a) of clause 2 (1) of the bill seeks to define "essential service" sub-items (1) to (xvi) of this item enumerate certain essential services as it is not possible to enumerate all essential services,sub-ite"m (xvii) of this ,item empowers the central government to declare, by notification in the official gazette, certain other services also to be essential services for the purposes of the proposed legislatio'n this sub-item clearly brings out the criteria on the basis of which any service may be declared thereunder to be an essential service thus a service cann~t be' declared to be an essential service under the said sub-item (xvii); unless the service is connected with matters with respect to which parliament has power to make laws and unless the central government is of opinion that strikes therein would prejudicially affect the maintenanee of any public 'utility service, the public safety or the maintenance of supplies and services neces'3ary for the life of the 'community or would result in the infliction of grave hardship on the community under clause 2 (2) of the bill, any notification under the said sub-item (xvii) has to be laid before parliament and it shall cease to operate after a period of forty days specified in that sub-clause unless it is, in the meanwhile, approved by both houses of parliament in the· circumstances, the delegation of legislative power is of a normal character  - (41 of 1980) - - -  - 2 (1) in this act, unless the context otherwise requires,-deftni~ tions (a) "appropriate government" means--(i) in relation to any service connected with matters relatable to any of the entries enumerated in list i in the seventh schedule to the constitution, the central government; (ii) in relation to any service connected with matters relatable to any of the entries en'umerated in list ii in the seventh schedule to the constitution, the state government of assam; and (iii) in relation to any service connected with matters relatable to any of the entries enumerated in list rn in the seventh schedule to the constitution, the central government and the state government of assam; (b) "essential service" ,means-(i) any postal, telegraph or telephone service; (ii) any railway service or any other transport service for the carriage of passengers or goods by land, water or air; (iii) any service connected with the loading and unloading of goods; (it') any service connected with the operation or mainte~ nance of aerodromes or with the operation, repair or maintenance of aircraft; (1') any servi('e connected with the -clearance of goods or passengers through the customs or with the prevention of smuggling; (t)i) any service in any establishment of, or connected with the armed forces (if the union or in ,any other establishments or installations connected with defence; (vii) any service in any sedion of any industrial establishment or undertaking on the working of which the safety of such establishment or undertaking or the employees employed therein depends; (viii) any service in,or in connection with, the working of anv undertaking owned or controlled by the government being an undertaking enr,aged in the purchase, pft)curement, storage, supply or distrihution of foodgrains; (ix) any service in any system of publk conservancy or sanitation; (x) any service in connection with or in relation to banking; (xi) any servirc in any establishment or undertaking dealing with the production, supply and distribution of coal; (xii) any 'ierviee in any oilfield or refinery or in any establishment or undertaking dealing with the production, supply or distribution of petroleum and petroleum products; (xiii) any aervice in connection with the affairs of the union or the state of assam not being a service specified in any of the foregoing sub-clauses; (xiv) any other service connected with matters with respect to which parliamer:t or the legislative assembly of the state of assam has power to make laws aoli which the central govern· ment or the government of assam, as the case may be, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of s'upplie~ and services necessary for the life of the community or would result in the inftiction of grave hardship on the ('ommunity, may, by notification in the official gazette, declare to be an essential service for the purposes 01 this actj - - - - - (2) every notification issued under sub-clause (xiv) of clause (b) 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 commence- m6nt of the next session of the house if it is not in session, and shall ceac;e 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 bdore the expiration of th&1 period a resolution approving the issue of the notification is passed by both houses of parliament explanation-where the ho~ses of parliament are s'ujilmoned to re-assemble on different dates, the period of forty days shall be reckoned from' the later of those dates  - - - - - 3 (1) if the appropriate 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 the f\tate of assam in any essential service specified in the order power to prohibit strikes in certain employ_ ments (2) an order made under sub-section (1) shall be published in such manner as the appropriate government considers best calculated 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 appropriate 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  - - - - - offences to be tried summarily u notwithstanding anything contained in the code of criminal pro- cedure, 1973, all offences under this act shall be tried in a summary 2 of 1974 wr'ly by a judicial magistrate of the first class specially empowered in this behalf by the appropriate government and the provisions of sections 262 to 265 (beth inclusive) of the said code shall, as far as may be, apply to such trial: provided that in a case of conviction for any offence in a summary trial 'under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment fof any term for which such offence is punishable under this act - - - - - memorandum explaining the modifications                                          contained in the essential services maintenance bill, 1981, which beeks to repeal and replace the e8sential services maintenance ordinance, 1981   apart from changes of 3 fonnal, drafting or consequential nature, the bill contains the following modifications:-    (1) clause 1(4) of the bill restricts the duration of the proposed legislation to a period of four years from the date on which it receives the assent of the president    (2) clause 2 (1) (a) of the bill which defines the expression "essential service" has been amplified to specifically include-     (a) service in any establishment or undertaking dealing with the production of goods required for any purpose connected with defence,      (b) water supply in any union temtory or cantonment area,     (c) service in any establishment or undertaking dealing with the production, wpply or distribution                                               cit coal, power, steel and fertilizers      (3) the bill seeks to inclucle specific provisions regarding pro-hibition of loek-outa and layofts in euential lervfcm 4 bnl to provide for the maij'itenanceofcertain essential' services md° the normal life of the community (giani zgil si"l9h, minister of home afcrir • ) 