 ~ no 10' of 1968 the essential services maintenance bill, 1968 a billto 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:-1 (1) this act may be called the essential services maintenance short tide extent and act, 1968 4uatioa $ (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 ot five years from 10 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6 of the general clauses act, 1897, shall apply upon such cesser of operation of this act as if it had then been repealed by a central act  dcftdltlons 2 (1) in this act,-(a) "essential service" means-(i) any postal, telegraph or telephone service; (ii) any railway service or any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 operation or maintenance of aerodromes, or with the operation, repair or 10 maintenance of aircraft; (iv) any service connected with the loading, unloading, movement or storage of goods in any port; (v) any service connected with the clearance of goods or passengers through the customs or with the prevention is of smuggling; (vi) any service in any mint or security press; (vii) any service in any defence establishment of the government of india; (viii) any service in connection with the affairs of the 20 union, not being a service specified in any of the foregoing sub-clauses; (ix) 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 2s 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 grave hardship on the community, may, by notification in the oftlcial30 gazette, declare to be an essential service for the purposes 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 under- 3s standing of any number of persons who are or have been so 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, ot results in, cessation or substantial retardation of work in any essential service (2) every notification issued under sub-clause (iz) of clause (0) 5 of sub-section (1) shall be laid, as soon as may be, after it is 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 awo successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses 10 agree in making any modification in the 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 i s previously done under or by virtue of that notification 3 (1) if the central government is satisfied that in the public po~ ,to interest it is necessary or expedient so to do, it may, by general or ft:1bt special order, prohibit strikes in any essential service specified in certain employthe order mean 20 (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 orqer (3) an order made under sub-section (1) shall be in force for six months only, but the central government may, by a like order, 25 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; 30 (b) any strike declared or conunenced, whether before or after the issue of the order, by persons employed in any such service shall be illegal 4 any person who conunences a strike -which is illegal under pedlltj tor this act or goes or remains on, or otherwise takes part in, any such i11~pl 3s strike shall be punishable with imprisonment for a term which may itnbl extend to six months, or with fine which may extend to two hundred rupees, or with both, s any person who instigates, or incites other persons to take pedaltj for part in, or otherwise acts in furtherance of, a strike which is illegal inatipton, 40 under this act shall be punishable with imprisonment for a term etcwhich may extend to one year, or with fine which may extend to one thousand rupees, or with both p~lty for 6 any person who knowingly expends or supplies any money in r~~ ~n- furtherance or support of a strike which is illegal under this act ill!:l shall be punishable with imprisonment for a term which may extend s str kes to one year, or with fine which may extend to one thousand rupees, or with both | pewer    ||----------|| arrest   || without  || warrant |7 notwithstanding anything contained in the code of criminal procedure, 1898, any police officer may arrest without warrant any s r 111911 person who is reasonably suspected of having committed any offence 10 under this act act to over ride other laws 8 the provisions of this act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the industrial disputes act, 1947, or in any other law 14 of 1947 for the time being in force is repeal and savina· 9 (1) the essential services maintenance ordinance, 1968, is 9r 1968· 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 2 13th day of september, 1968  statement of objects and reasonsthe bill seeks to replace the essential services maintenance ordinance, 1968, by a temporary act it has always been the endeavour of government to provide comprehensive and positive arrangements for the consideration of the legitimate problems and grievances ot its employees nevertheless, in the prevailing circumstances, government consider that they should continue to have powers to meet any situation which may be created by attempts similar to those made on the eve of the 19th september and to ensure the maintenance of essential services and the normal life of the community ~ the bill is only an enabling measure it defines "essential service" which, inter alia, includes any service declared as such by notification by the central government the bill makes suitable provisions for the laying of such notifications before parliament the bill authorises the central government to prohibit strikes in essential services and declares prohibited strikes to be illegal and provides for penalties for persons participating in such strikes as well as for persons instigating and financing such strikes new delhi; y b chavan the 29th november, 1968 item (a) of clause 2(1) of the bill seeks to define "essential service" sub-items (i) to (viii) of this item enumerate certai!o essential services as it is not possible to enumerate all essential services, sub-item (ix) of this item empowers the central govemment to declare by notification in the official gazette certain other services also to be essential services for the purposes of the proposed legislation the sub-item clearly brings out the criteria on the basis of which any service mky be declareti thereunder to be an essential service thus a service cannot be declated to be an essential service under the said sub-item (ix), 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 maintenance of any public utility service, the public safety or the maintenance of supplies anti services necessary 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 (ix) has to be laid before parliament in the same way as rules made under an enactment in the circumstances, the delegation of legislative power is of a normal character -  lok sabha a billto provide for the maintenance of certain essential services and the normal life of the community (shri y b chavan, minister of home affairs) 