 b,!!tn! jql of 1980 ·nm  iiisemtlalsd'v2ces malntbnance (assail) bill, 1980 ato p1'01>ide fot the maintena'rce of certain essfttial sef'ivues and the normal li~ of the community in assam be it enacted by parliament in the thirtyfirst year of the republic of·inqia n: &llow9:-1 (1) this act may be called the essential services maintenance (u\lssam) act, ·1i60 short title and extent, (2) it extends to the whole of the state df assam 5 2 (1) in this act, unless the context otherwise require$,-definitions (a) "appropriate government" means-(i) in relation to any service  conaecte(i with matters relatable to any of the entries enumerated in list i in the seventh sche-i  ,d - , the' conatitution, the central governmenti ,(i4), in relatjon to any setvice col'ljlected with matters ~cla~ie to ~y of tre entri~s enumenrted1 in uat n in the ~~:?cheau1e to' the constitution, the state oovetnment of m~;·an«l js ' (tu) in,reiatio_to myrwce ~ with matters nwalm· •• by tittbe;eatwel 1et'wjmll'8md ,in l,js,'ljj[i in the ·  ti1,·amlltltta tbe',c~ the ~~~ernment ;iimi twa mte''owiel:ftlllellt'llfajiim: (b) "euentialservice·" tnea!1s-" :(f) any·'pcjf:t:d, tele;ra~' or~epw  s~;· !,,4~ ~,~~·4!·-: (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; (il') any servit'c connected with the operation or maintenance of aerodromes or with the operation, repair at maintenance s of aircraft; (v) any service conneclcu with the clearance of goods or passengers through the ('i :stoms or with the prevention of smuggling; 10 (vi) any service in any establishment of, or connected with, the armed forces of the union or in any other establishments or installations connected with defence;  i (vii) any service in any section of any industrial establishment or undertaking on the working of which the safety of such 15 establishment or undertaking or the employees employed there- in 'depends: (viii) any service in, or in coiulection with,the"workiagof any undertaking owned or controlled by the government being an undertaking engaged in the purchase, procurement, storage, 20 supply or distribuuon of foodgrains; (i,x) any service in any system of public conservancy or sanitation; (x) any service in connection with or in relation to banking; (xi) any service in any establishment or undertaking deal- 25 ing with the production, supply and distribution of coal; (xii) any service 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 service in connection with the affairs 01 the 30 union or the state of assam not being a service specified in any of the foregoing sub-clauses; (riv) ~n/ other service connected with matters with res peet to wluch parliament or the legislative assembly of the state of aisam j;1as power to make laws and which the central 35 government qrthe gov~mment of assam, as t~e'case may be, being of opinion th~t strikes therein would "prejudicially affect the maintenance of any public 'utility service, the 'public safety or the maintenance' af suppliesanciservicea nece,ssary for the  life ·of tm cmntrlunityor would result in the infuctioa' of graye 40 'hi!'dship on the comm11l1ity jmay, by tiiaatio id  the oftlcial gazette, declare to bean essential aer?/ice· for lbe pu;'poses of this act; (c) "tciq" ~' thece_ti~;at ~~k ,b)",a bofiy of per01'18 employecl in any essential serviee aetil'l, in combidat4oa or a 4~ cqncerted re'fusal or a refusal under a common understanding ,of ~y  ',nwn~ of persons 'who are or who have been so 'employed to codt!· ,: ,,,hue to work or t,o accept emplo:{n\ent, and mcludes-(i) refusal ,to work overtime where' such work il necaary 5 for the maintenance of any essential service;  (ii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of wo~k in ally ~tial service (3)' every notification issued under 8ub-claus& (xt'v) of c1aule (b) of 10 sub-section (1) shall be laid before each house of parliament immedtat 1, afterit is made if it is in session and on the 6rst ~y of the eommedcement of ~ next session of the house if it is not j,j;l session, and  sbau ~ to operate at the ,expiration of forty days fro~ the date of us bdni so laid or from the,;re,assembly of parliament, as the case may be, unless i, before the expiration of that period a resolution approving the issue of the notification is passed by both houses of parliament el'planatio1t-where the houles of parliament are sudlmc)ded to reassemble on different dates, the period of forty days shall bereckozaed, from the later of those dates 2 (3) any reference in this act to any law which is not in fon=e in o any area of the state of assam and to any authority under such law shall, in relation to that area, be construed as a reference to tm· eor'responding law in force in that area and to the corresponding authority 'under such corresponding law 2s 3 (1) if the appropriate government is satisfied that in the pubjij: interest it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in the state of assam in any essential service specified in the order power to prohibit nror-in cer1&in employments (2) an ord~r made under sub-section (1) shall be published in such o manner as the appropriate government considers best caleula1:ed to 3 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 0rciw, ektend it for any period not exceeding six montas if it is satidtcl that 35 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 ~ 40 t~ isa~e of the or~r, by persons employed in any such seivke shall be illegal dismiual of employ  pwtktlpatine 1ft wal atrib!i  4 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 liable to disciplinary action (induding dismissal) in 45 accordance with the same provisions as are applicable for the purpose of taking s'uch disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in  :relation to his employment penalty foz: mepl atrikel, penalty forinstipuon" etc, " 't::j~ p!rsmtwho iilstlp~s"ot'inci~''o'cher'jsm1i tlyjtake part ~, ~r·,j~~, aets' i~ 'futth~e-"of, 'q' 'strlb"wtu~ tsolitntllt tiiider thta act shall be punishable with imprisonment for a term whit!lf'mlt extend ~ qia9 y,eaf,or with fine  whiob may e"tend to two thowllld4  cup,, ar witg  ~ 10 '7:"any"~ 9/ho' knbwing!y' e,,~ds' or' s~'itl" ~owef' tit ttittherdtt~'or suppmm '8 strike 'w'meh"!s m~'uft~'tbw'·~ tjfl1it b{!-p'clrtfsh'8bl!  with intprtsomrleftt· fol" a terft't' wm~'lm'f ~~ penalty for giving financial aid to illetal strikes, ~~ir; or with'flne whfch'rnayextend to two thbunm!t'~,"'"or"wttw bodt':' r, power to arrest without warrant, s 'notwithstlandblg nylhln 4:ontaimd'tin 'the  cod: of qi~·pro· ~'19?s, afty'poiiee "f,rna,·arr_;~twhhdltii1,jja _ acrflt7t who is reasonably suspected of having con\tft£ttn' anyo"etuw'u~ this act offences to be tried summarily, a n~twiths~ ~ything contained in the coae of cruninai' ~ 20 c~19~ au 'o&mccs under this act shall 'be' trl'ed ill a sumtnary ~ a11f~ way by a judicial ma~strate of the first clais specially empo'we'fed irt this behalf by the appropriate government ana the' provisions' ' of sedt~s''!62·t()  ~·mclusi  e) of the said:codetttblllt{u"fat'as 1hay btj-'8pply ttl suehtrial: '5 provided that in a case of conviction for any ~ a·s  ,· trj~l under· this section, it shall be lawful for the magistrate to, pus a ~~~of'impciaonment for any term for which such otfedce is p,tiftisbable under this act ' act to override oth~ laws,  it;,,'i'tw!"prmskms'-m' tluf aidt 8ftd'of ~: ~r~' ~ 30 5mtlfl\·hft'e' effii@t ' ~_! ~: ·imhlndltlent:' ;·,thmfwiitt ~ift· thel·inth!ift~url·;dititltf,·ad, 1"" or illaft,,crttle"llw',fe 14cfui47 the time being' ift force: i, 11 (1) the essential services maintenanee (assam) ordiftahce,' -nraq, 2 fit 1188, m he~ reopealm 3~ repeal and lavin" (2) notwithstanding s'uch repeal, anything done or any action taken under the saicl orcnllarite"shau"be;'d'~t(j bavt)'been'adhi'lir taken und~r this' act,' as if t'hi's: act bad:-come -mto' 'to~, 'o1l -thejr 6wj of ' april, 1980 2 the agitation in assam is;';stmf~"&imn'w!t dtid~, ~ it "is'ccwi'mfiliid f neeessary that the above ordinance is replaced by an act of parliament, 3 the bill seeks to achieve the aforesaid object new delhi; tm 19th june, 1980 yogendra makwana , item (b) of clause 2(1) of the bill seeks to define "essential service" sub-items (i) to (xlii) of ~ item enumerate certain':,ntial services as it is not possible to enumerate all essential services, bub-item (xiv) of thll item empowers ~ central government or the government of auam to clee18re, by notification in the oftlcial gazette, certain other services also to be easential services for ti,le purposes of the proposed legialation tbia sub-itein clearly brinji out the criteria on the basis of which any' service may ,be declared thereunder to be an euential service thus, a service canpot be declared to ,be an essential service un,der the sa1d sub-item (xiv) udlesa the service is connected with matters with respect to which parliament or the legislative ajlsembly of the state of assam has power to make law - nd ujlless' the central governmellt or the government of aiiuud is of pinion that strikej therein would prejudicially aftect the maintenance of any public utility service, the public safety or the maintenance of suppliet and services necessary for the life of the community or would ~lt in tae in1uction of grave hardship on the community under cla~ 2(2) of the bill, any notification under the ibid sub-item (xlv) 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 mean~le, approved by ·both houses of parliament in the circumstances, the delegation of jecislathoe power is of a normal character , a b~ to provide for the maintenance 01 certain essential services and the normal life of the community in assam (shri yogf!ndra makwancl, minister of sjdje in the minitt1y of h:ome alclit-s) 