The Andhra Pradesh Essential Services Maintenance Act, 1971.

THE ANDHRA PRADESH ESSENTIAL SERVICES MAINTENANCE
ACT, 1971
ACT No.20 OF 1971
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Power to prohibit strikes in certain employments
4. Penalty for illegal strikes
5. Penalty for instigation etc.
6. Penalty for giving financial aid to illegal strikes
7. Power to arrest without warrant
8. Act to override other laws
9. Repeal of Andhra Pradesh Ordinance 1 of 1971
THE ANDHRA PRADESH ESSENTIAL SERVICES MAINTENANCE
ACT, 1971
ACT No. 20 of 1971
 [26th August, 1971]
AN ACT TO PROVIDE FOR THE MAINTENANCE OF CERTAIN ESSENTIAL
SERVICES AND THE NORMAL LIFE OF THE COMMUNITY IN THE
STATE OF ANDHRA PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-
second Year of the Republic of India as follows:-
1. Short title, extent and commencement  -(1) This Act may be called the
Andhra Pradesh Essential Services Maintenance Act, 1971.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 10th April, 1971.
2. Definitions  - (1) In this Act, unless the context otherwise requires,—
(a) "Essential service" means-
(i) any service connected with the affairs of the State in
relation to the maintenance of water supply and distribution
thereof;
(ii) any service connected with the affairs of the1[Greater
Hyderabad Municipal Corporation] and all other municipal
councils, in relation to the maintenance of drainage,
conservancy including scavenging, slaughter-houses,
markets and all medical facilities provided by the said local
authorities, and transport service appurtenant to any such
service;
(iii) any service in the Andhra Pradesh Medical and Public
Health Subordinate Services, including the service consisting
of last grade employees and drivers attached to the medical
and public health institutions;
(iv) any service connected with the working of the Integrated
Milk Project, Hyderabad and Vijayawada and other milk
supply schemes in the districts;
(v) any service under the Andhra Pradesh State Electricity
Board constituted under the Electricity (Supply) Act, 1948
(Central Act 54 of 1948); and such other service connected
with the production, supply or distribution of electricity, as
the Government may, by notification in the Andhra Pradesh
Gazette, declare to be an essential service for the purposes of
this Act;
(vi) any other service connected with matter with respect to
which the Legislature of the State has power to make laws
and which the 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 grave hardship on the
community may, by notification in the Andhra Pradesh
Gazette, declare to be an essential service for the purposes of
this Act;
(b) "Government" means the State Government;
1. Substituted by the Act No. 13 of 2008.
(c) "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 so employed to
continue to work or to accept employment, and includes—
(i) casual leave or other leave en masse in pursuance of a
common understanding among the persons who avail
themselves of such leave, or under the direction of any other
person or any body of persons;
(ii) refusal to work overtime where such work is necessary for
the maintenance of any essential service;
(iii) any other conduct which is likely to result in, or results
in, cessation or substantial retardation of work, in any
essential service.
(2) Every notification issued under sub-clauses (v) and (vi) of clause (a) of
sub-section (1) shall, immediately after it is issued, be laid before each House
of the State Legislature if it is in session and if it is not in session, in the
session immediately following, for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if, before the
expiration of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the notification or
in the annulment of the notification, the notification shall, from the date on
which the modification or annulment is notified in the Andhra Pradesh Gazette,
have effect only in such modified form or shall stand annulled, 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 notification.
3. Power to prohibit strikes in certain employments  - (1) If the Government
are satisfied that in the public interest it is necessary or expedient so to do,
they may, by general or special order, prohibit strikes in any essential service
specified in the order.
(2) An order made under sub-section (1) shall be published in such
manner as the Government may consider 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 Government may, by a like order, extend it for any period not
exceeding six months, if they are 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;
(b) any strike declared or commenced, whether before or after the
issue of the order, by persons employed in any such service shall
be illegal.
4. Penalty for illegal strikes - 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 punished with imprisonment for a term which may extend
to six months, or with fine which may extend to two hundred rupees, or with
both.
5. Penalty for instigation etc. -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 punished with imprisonment for a term which
may extend to one year, or with fine which may extend to one thousand rupees,
or with both.
6. Penalty for giving financial aid to illegal strikes - Any person who
knowingly extends or supplies any money in furtherance or support of a strike
which is illegal under this Act, shall be punished with imprisonment for a term
which may extend to one year, or with fine which may extend to one thousand
rupees, or with both.
7. Power to arrest without warrant - Notwithstanding anything in the1[Code
of Criminal Procedure, 1898 (Central Act 5 of 1898),] any police officer may
arrest without warrant any person who is reasonably suspected of having
committed any offence under this Act.
8. Act to override other laws - The provisions of this Act and of any
notification and order issued thereunder shall have effect notwithstanding
anything inconsistent therewith in the Industrial Disputes Act, 1947(Central
Act 14 of 1947), or in any other law for the time being in force.
9. Repeal of Andhra Pradesh Ordinance 1 of 1971 - The Andhra Pradesh
Essential Services Maintenance Ordinance, 1971, is hereby repealed.
1. See now, the Code of Criminal Procedure, 1973 (Central Act No.2 of 1974).

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