bill no 101 of  2021 the  essential  defence  services  bill,  2021 a billto provide for the maintenance of essential defence services so as to secure the security of nation and the life and property of public at large and for matters connected therewith or incidental theretobe it enacted by parliament in the seventy-second year of the republic of india as follows:—1 (1) this act may be called the essential defence services act, 2021(2) it extends to the whole of indiadefinitions2 (1) in this act, unless the context  otherwise requires,—(a) "essential defence services" means—5(i) any service in any  establishment or undertaking dealing with production of goods or equipment required for any purpose connected with defence;(ii) any service in any establishment of, or connected with, the armed forces of the union or in any other establishment or installation connected with defence;10(iii) any service in any section of any establishment connected with defence, on the working of which the safety of such establishment or employee employed therein depends;(iv) any other service, as the central government may, by notification in the official gazette, declare to be essential defence services, the cessation of work of which would prejudicially affect the—15(i) production of defence equipment or goods; or (ii) operation or maintenance of any industrial establishment or unit engaged in production of goods or equipment required for any purpose connected with defence; or(iii) repair or maintenance of products connected with defence;20(b) "strike" means the cessation of work, go-slow, sit down, stay-in, token strike, sympathetic strike or mass casual leave, by a body of persons engaged in the essential defence services, acting in combination or a concerted refusal or a refusal  under  a common  understanding  of any number of persons who are or have been so engaged to continue to work or to accept employment, and includes—25(i) refusal to work overtime, where such work is necessary for the maintenance of the essential defence services;(ii) any other conduct which is likely to result in, or results in, cessation or retardation or disruption of work in the essential defence services30(2) words and expressions used herein and not defined but defined in the industrial disputes act, 1947, shall have the meanings respectively assigned to them in that act14 of 19473 (1) if the central government is satisfied that in the—(a) public interest; or (b) interest of the sovereignty and integrity of india; or power to prohibit strikes in essential defence services(c) security of any state; or (d) public order; or35(e) decency; or (f) morality, it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in the essential defence services40(2) an order made under sub-section (1) shall be published in such manner as the central government may deem fit to bring it to the notice of the persons affected by such order45(3) an order made under sub-section (1) shall be in force for six months, 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 necessary or expedient so to do(4) upon the issue of an order made under sub-section (1)—(a) no person engaged in the essential defence services shall go or remain on strike;5(b) any strike declared or commenced, whether before or after the issue of such order, by persons engaged or employed in such services shall be illegalremoval of persons4 where any order has been issued under sub-section (1) of section 3, any police officer  may  take  all  such measures as such officer may deem fit including the use of police force, if he considers necessary, to remove  any person, whose presence in  any  area connected with the—10(a) defence equipment production services; or(b) operation or maintenance of any industrial establishment or unit engaged in production or manufacturing of goods or equipment required for any purpose connected with defence; or(c) repair or maintenance of products connected with defence,15would be prejudicial to the functioning, safety or maintenance of the essential defence services5 (1) any person—(a) who commences a strike which is illegal under this act or goes or remains on, otherwise takes part in, any such strike; ordismissal of employees participating in illegal strikes20(b) who instigates or incites other persons to commence, or go or remain on, or otherwise take part in, any such strike,25shall 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 terms and conditions of service applicable to him in relation to his employment30(2) notwithstanding anything contained in any other law for the time being in force or under the terms and  conditions  of service  applicable  to  any  person employed   in  the essential   defence services,  before dismissing any person under sub-section (1), no inquiry  shall  be  necessary if the  authority empowered to dismiss or remove such person is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to  hold such inquirypenalty for illegal strikes356 any person, who commences a strike which is illegal 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 one year or with fine which may extend to ten thousand rupees, or with bothpenalty for instigation, etc7  any person, who instigates or incites other persons to take part in, or otherwiseacts in furtherance of, a strike which is illegal under this act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with both408 any person, who knowingly expends or supplies any money in furtherance orsupport of a strike which is illegal under this act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with bothpenalty for giving financial aid to illegal strikes9 (1) if the central government  is satisfied that  in the—45(a) public interest; or (b) interest of the sovereignty and integrity of india; or (c) security of any state; orpower to prohibit lockouts in any industrial establishment or unit engaged in essential defence services (d) public order; or (e) decency; or (f) morality,5it is necessary  or expedient  so to  do, it  may  by  general or special  order, prohibit  lock-outs in  the industrial establishments or units  engaged in the essential defence services(2) an order made under sub-section (1) shall be published in such manner as the central government may deem fit to bring it to the notice  of the persons  affected  by such order10(3) an order made under sub-section (1) shall be  in force  for six months, 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  necessary  so to do(4)  upon the issue of an order under sub-section (1),— (a)  no employer  engaged in the essential defence services shall  commence any  lock-out; and15(b)  any lock-out  declared  or commenced,  whether  before  or after the issue  of such order,  by any  employer  engaged in the essential defence services shall  be illegal20(5) any  employer of an industrial establishment or unit engaged in the essential defence services, who commences, continues,  or otherwise  acts in furtherance  of a lock-out  which  is illegal  under this  section,  shall be  punishable  with  imprisonment for a term  which  may  extend  to one year or with fine which may extend to ten thousand rupees, or with both10 (1) if the  central government  is satisfied  that in the—(a) public interest; or25(b) interest of the sovereignty and integrity of india; or (c) security of any state; or (d) public order; or power to prohibit layoff in any industrial establishment or unit engaged in essential defence services(e) decency; or (f) morality,30it is necessary  or expedient  so to do, it  may, by  general  or  special  order, prohibit  lay-off, on any  ground  other  than shortage  of power or natural  calamity, of any  workman  (other than  a badli  workman  or a  casual  workman) whose  name  is borne  on the  muster  rolls  of any industrial establishment or unit engaged in the essential defence services35(2) an order  made under  sub-section (1) shall be  published  in such manner  as the central government  may deem fit  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, 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  necessary  or expedient  so to do40(4)  upon the issue of  an order  under  sub-section (1),—(a)  no employer  in relation to an establishment to which  such order  applies shall  lay-off  or continue  the lay-off  any workman (other than  a badli  workman  or a casual  workman) whose  name  is borne   on the  muster  rolls of  any industrial establishment or unit engaged in the essential defence services, unless such lay-off  is due to  shortage  of power  or natural  calamity,  and  any  laying-off  or  continuation of laying-off  shall,  unless  such  laying-off  or  continuation  of laying-off  is due to shortage of power or natural calamity, be  illegal;5(b) a workman  whose  laying-off  is illegal  under  clause  (a) shall be entitled toall the benefits under any law for the time  being in force as if  he had not been laid-off(5) any  employer, of an industrial establishment or unit engaged in the essential defence services, who lays-off or continues the laying-off  of any  workman  shall, if  such laying-off  or continuation  of laying-off  is illegal  under   this  section, be  punishable  with imprisonment  for   a term  which  may extend to one year or with fine which may extend to ten thousand rupees, or with both102 of 1974power to arrest without warrant11 notwithstanding anything contained in the code of criminal procedure, 1973, anypolice officer may arrest without warrant any person who is reasonably suspected to have committed any offence under this act152 of 1974offences to be tried summarily12 notwithstanding anything contained in the code of criminal procedure, 1973, alloffences under this act shall be tried in a summary way 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 (inclusive) of the said code shall, as far as may be, apply to such trial:20provided that in a case of conviction for any offence in a summary trial under thissection, it shall be lawful for such magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this act2 of 1974cognizance of offences13 notwithstanding anything contained in the code of criminal procedure, 1973, alloffences punishable under this act shall be cognizable and non-bailable25reference of other laws in certain areas14 any reference in this act to any law which is not in force in any area and to anyauthority 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 lawprotection of action taken in good faith15 no suit, prosecution or other legal proceedings shall lie against the centralgovernment or any officer for anything which is in good faith done or intended to be done under this act30act to override other laws14 of 194716 the provisions of this act and of any order issued thereunder shall have effectnotwithstanding anything inconsistent therewith contained in the industrial disputes act, 1947, or in any other law for the time being in force35amendment of act 14 of 194717 in the industrial disputes act, 1947, in section 2, in clause (n), in sub-clause (ia),for the words "or dock", the words "or dock or any industrial establishment or unit engaged in essential defence services" shall be substitutedlaying of notifications before parliament404518  every notification issued under this act shall be laid, as soon as may be after it ismade or issued, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in such notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification19  (1) the essential defence services ordinance, 2021is hereby repealedord 7 of 2021repeal and savings(2) notwithstanding such repeal, anything done or any action taken under the provisionsof the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act statement  of  objects  and  reasonsindian ordnance factories is the oldest and largest industrial setup which functions under the department of defence production of the ministry of defence the ordnance factories form an integrated base for indigenous production of defence hardware and equipment, with the primary objective of self reliance in equipping the armed forces with state of the art battlefield equipments in order to improve autonomy, accountability and efficiency in ordnance supplies, the government decided to convert the ordnance factory board into one or more one hundred per cent government owned corporate entity or entities to be registered under the provisions of the companies act,20132 against the said decision, the recognised federations of the employees gave a notice for an indefinite strike the conciliation proceedings initiated by the government at the level of chief labour commissioner failed in the meeting held on the 15th june, 2021 on the 16th june, 2021, the government decided to convert the ordnance factory board into seven defence public sector undertakings3 in spite of the government's assurance to take care of the conditions of service of the employees of the ordnance factory board, the recognised federations of the employees have reiterated their intention to go on indefinite strike from 26th july, 20214 since, it is essential that an uninterrupted supply of ordnance items to the armed forces be maintained for the defence preparedness of the country and the ordnance factories continue to function without any disruptions, especially in view of the prevailing situation on the northern front of the country, it was felt necessary that the government should have power to meet the emergency created by such attempts and ensure the maintenance of essential defence services in all establishments connected with defence, in public interest or interest of the sovereignty and integrity of india or security of any state or decency or morality5 as parliament was not in session and urgent legislation was required to be made, the president promulgated the essential defence services ordinance, 2021 on the 30th june, 2021, which, inter alia, provides for the following, namely:—(a) to define the expressions "essential defence services" and "strike"; (b) to empower the central government to prohibit strike in essential defenceservices;(c) to provide for disciplinary action, including dismissal, against employeesparticipating in strike;(d) to provide for penalties for illegal strikes, instigation thereof  andproviding for financial aid to such illegal strikes;(e) confer power on any police officer to arrest without warrant any personwho is reasonably suspected to have committed any offence under the proposed legislation6  the essential defence services bill, 2021 seeks to replace the aforesaid ordinance new delhi;                                                                                                  rajnath singh the 13th july, 2021 memorandum  regarding  delegated  legislationsub-clause (1) of clause 2 of the bill empowers the central government to declare, by notification in the official gazette, any other service other than those specified in the said sub-clause to be essential defence services, the cessation of work of which would prejudicially affect the production of defence equipment or goods; or the operation or maintenance of any industrial establishment or unit engaged in production of goods or equipment required for any purpose connected with defence; or repair or maintenance of products connected with defence2   sub-clause (1) of clause 3 of the bill empowers the central government to prohibit strikes in the essential defence services by general or special order, if it is satisfied that in the public interest;  or interest of the sovereignty and  integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do3 sub-clause (1) of clause 9 of the bill empowers the central government to prohibit lock-outs in any industrial establishment or unit  engaged in essential defence services by general or special order, if it is satisfied that in the public interest;  or interest of the sovereignty and  integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do4 sub-clause (1) of clause 10 of the bill empowers the central government to prohibit lay-off on any  ground  other  than shortage  of power or natural  calamity, of any  workman  (other  than  a badli workman  or a  casual  workman) whose  name  is borne  on the  muster  rolls  of  any industrial establishment or unit engaged in the essential defence services, by general or special order, if it is satisfied that in the public interest;  or interest of the sovereignty and  integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do5 the matters in respect of which the aforementioned notification or orders may be issued are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the industrial disputes act, 1947 (14 of 1947)        definitions2 in this act, unless there is anything repugnant in the subject or context,—        (n)  "public utility service" means—        (ia)  any service in, or in connection with the working of, any major port or dock;        ———— a billto provide for the maintenance of essential defence services so as to secure the security of nation and the life and property of public at large and for matters connected therewith or incidental thereto————