LexThe Essential Services Maintenance (Assam) Act, 1980
Assam · state statute
Open in Lexace · Ask the AI about this act~-
r·rhe ~-· Ass am Gazette
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t em1EJR<1
EXTRAORDINARY
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PI~ . 39 f~ ~'1 ~ , "tr;n r~ . 19 \Sf""-~1~, 1980, 28 ~l~l<l, 1902 (ir:,<i•)
No. 39 - 1)j sp11r , Sat urday , 19th Jul y !980 , 28th Asadba ,
1!102 (3. !L)
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&-...J VUNJVf~~N'f fW .~,s'~- l\ - ·
ORDERS · BY THE GOVERNO R
LEGISLA'li'IVE DEPART MENT
NOTIFICATION
The 18th J uly 19 8 0 ~
Ne.LGL.12 /78/12 0 :- The followin g Act made by the Pr~si- .
cihmi and published in the Gazette of I ndia Extraor din ary, Part II of
Seiltion I, dated 19th J uly 1980 is republish ed for general info rmation.
The Essential Services
Maintenance (Assam)
Act 1 1980.
U. TAHBILDAR,
Secretary ti) the Govt. of Assam ,
Legislative Departm ent.
Parliam ent Act
No. 41 of 1980
19th July
THE ESSENTIAL SER VICES ANCE (ASSAM) ACT, 1980
' .&
[Received t;, ~ t on ~~y, 1980.]
to provide for th1 Maintenanc~~ailJ essential services anJ th1
normal lffe of the community in Assam
Be it enaiCJi tU e~ty~rst Year of the Re-
public of India as follows:- ·
Short title 1. (1) This Act ~.i--alled the Essen-and extent. ,, -1"'1?1Vm10°
tial Services Maintenance (Assam) Act,
1980. YRAVllQRQAr
~!RI'
(2) It extends to the whole of the State
of Assam. YTVl0BTU~
'
D efipi!fo.A.s • , F ~Hi 1 . ~ n @i~ ~'it· unless the context
.cdhr ~ .:.Pt erw1 e reau1re .-
~ "' " "' " ~ '{~U t l
_ {a) "apprQ.prig,_te Government" means-
'
(i) in relation to any service connec-
ted with matters relatable to any of the
entries 'enUmerated in List I in the Seventh
Sc1*9.9le to the Cons rtitution, the Central
Government; .
(ii) in relation to any service connec
ted wi1th matters relatable to any of the
entries enumerated in List II in the
-r?.·1·1q Seventh Schedule to ithe Constitution, the
to r State Government of Assam; and
.!
(iii) in relation to any service connec
ted with matters relatable to any 9f the
entries enumerated in List III in the
Seventh Schedule to the Consti rtution, the
/ Central Government and the State
Governmernt of Assam;
(b) "essential service" means-
(i) any postal, telegraph or telephone
service;
(ii) any railway service or any other
-ft<lift§pOOB !SE!t~~re~ l ~r 'l: ~hg oi Wiffr~d~ of
I passengers Or goods by lan~~~'Peff Or air;
i
9rlt (4fi.Mwan~ 1 §t?M<ee reo'Yili~e~drrr wfth the
ILitra~lra#~ :t&i,6adl11grxWr~bcfil~; 1'
9ffJ IO VJ!.6 11.f b9ft_b 9q2 9'.)IV"J92 f:)
(iv) any service 2@6Hn~ct'i!R with the
, operation or mail),tenance , of aerodrqmes
rl~·wrnitPttm~ oqg~rh"fi&i, 'I:flepair or main
j If@ffittU:es fff riHWWl:N:
1
'.J"'
• · L~,8 '3rlt lo v.Idm9~
· (v) any service connected with the
clearance of goods or passengers through
·the _customs or with the preven 1tion of ·
snniggling;
· (vi) any service in any establishment
of, or connected with the ·armed forces of
tlfe Union or in any oither establishments
·or installations connected with defence;
.
(vii) any service in any secition of any
industrial establishment or undertaking ,on
the working of which the safety of such
establishment or underitaking or the em
'plbyees ~efnployed therein depends ;
(viii) any service in, or in coonection
with, the working of any undertaking
·owned on controlled by the Government
being an undertaking engaged
in the purchase, procu reme nt, stor
age, supply or distribution of foodgrains ;
(rx) ·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 establi shment or
undertaking dealing with
1
the production ,
supply and distribution _of coal;
(xii) any service in any oilfield or re
finery or jn any es'cablishmen t or u nder
taking dealing with ithe production, supply
-
-196 ·THE ASSAM GAZETTE, EXTRAORDINARY; JULY..J9~ · 1SJ.,0. , --- -··- . - ·- -_,.---~ . .
or distribution of
leum producits;
petroleum and petro-
:...~ ~~ ~ ... ~:?:I.~:;T~·-· · 1
(xiii) any service in connection with the ·
affai rs of the Uni.on or 1the State of Assam
not being a service specifi ed in any of the
foregoi ng sub-clause s ;
(xiv) any other servic e connected with
matters with respeot to which Parliament
or the Legislati ve Asse mbly of the S·tat e of
Assa1n has power t o make laws and which
the Central Government or 1the Govern
ment of Assam, as the case may be, being
of opi nion thart strikes there in. would pre
iudicially affect t he maintenance of any
public utility servic e, the public safety or
the maintenance of supplies and services
necessary for the life of the community
or wou]d r es ult in the infiiction of ~rav(:')
hardship on the comm unity, :may, by n cti
fication in the Officia l GazetLe, decla.re to
be an esse nti CJ l servi ce for the purpo::;es of
this Act ; ,. 1 '' '""'"~-
(c) "strike" mea ns the cessation of work
by a body of persons employed in any es
sential service acting in combination or a
concerted refusal or a refusal under a
common understanding of any number of
persons who are or who have been so em
ployed to cont in ue to work or 1to accept
employment; and includes-
· (i) re fus al to work overtime where such
work is necessary fo r the maintenan ce of
any essential service;
(ii) any other conduct which is likely
to resu lt in, or results in, cessation or sub
sta ntial retardation of work in any essen
tial service.
(2) Every notification issued under sub
dau~e (xiv) of Clause (b) of sub-section (1)
s11all be laid before each House of Parlia
nieni immedia1 ely after it is made if it J.g
' tltE .·A-SSAM GAZETTE, EXTRAORDINARY, JULY 19, 1980 197
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in session and on the first day of the com
mencement of the next session or the
House if i1t is not in session, and shall cease
·to operate at the expiration of forty days
from 1the 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 approving the
issue of the notification is passed by both
Houses 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 rererence in this Act to any
law which is not in force in any area of
the State of Assam and to any authorit y
under sv.ch law $hall, in relation to that
ate.a, ·be cons t rued ;:is a reference 1 o the
~ corresponding law in force in th at are a
and to the corresponding au thority under
.such corresponding _law_ -
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· 3. ( 1) If the appropriat e G overnment
strikes in ~er•is satisfied that in the public in t eres ~ i t is
tail!. eMpl•y· - d · J • b mH.ts. necessary or expe 1ent so to no, it m ay, y
general or special Order, prohibi t strikes
ip t_he Sta
1
te of Assam in any es senti.ci l ser
yice specified in the Orde r.
· (2) An Order made under sub-section
.(1) shall be published in such manner as
the appropri ate Governmen t consider s
·best calcul ated to b ri ng it t_o the notice bf
the persons affected by the Order.
(3) An Order made under sub-section
·• ·(1) shall be in force for six months only,
· _but the app r opriate Gover nmr-:n t m ay, by
· «i Jike Ord er extend it for any period not
exceeding six m onths if it is satisfied th at
·:. ·· in the public in <eres t it is necess ary o r
expedient so_ to do.
198 THE ASSAM GAZETTE, EXTRAORDINA~A~y -~980
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(4) Upon the issue of an Order und~r .
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 afte·r •,the issue of the
Order, by persons emp~oyed in any such
service shall be illegal.
Dismissal of 4. Any person who commences a strike employee !>a• h. h · ·11 1 d h. A . · rticip 3 ting in W lC lS l ega Un er t lS Ct. Ot goes Or
illegalstr·kes.remains on, or otherwise takes part in any
Penalty for
illegal
strikes
Penalty ior
ins tigation
etc.
Penalty for
giving
finacia aid
tn illegal
stril, cs.
such strike shall be liable to disciplinary
ac'-ion (including dismissal) in · accor
dance with the same provisions as · are
applicable for 1the purpose of taking such
disciplinary action (inclu<ling clismissal) on
any other ground under the ter-ms and
conditions of service applicable to him in
relation to his employment.
5. 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 ex
tend 1to six months, or with fine which ni.ay
extend to one thousand rupees, · or witfi
both.
6. Any person who instigates or incites
other persons to take part in, or otherwise
acts Jn 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 exitend to two thousand ru13ees, or
with both . -- . ' - -·- ·--·----- .
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7. Any person who knowingly exp~nds
or supplies any money in furtherance or
support of a strike which is ilJega] under
this Act shall be punishable with imndson·
men t for a term which may extend to one
year, or with fine which may extend ta
two thous and rupees, or wi1th both.
tm ASSAM GAZETTE, E.xrR.AoRDtNAR.Y, JtiLY 19, 19~~ _rn·9·
Power to. h 8. Notwithstanding anything contained arrest Wit •. • • •
out warmit.m the Code of Cnmmal Procedure, 1973, 2 or 1974.
Oft'cnccs t•
be tried
1111mmatily
any police officer may arrest w~thout
warrant any person who is reasonably
suspected of having committed any offence
under 1this- Act.
9. N otwithsta-nding anything contained
in the Code of Criminal Procedure, 1973,
all aff ences under ·this Act shall be tried
in a summary way by a Judicial Magis
trate of the first class specially empowered
in this behalf by the appropriate Govern
ment and the provisions of Sections 262 to
265 (both inclusive) of the said Code shall,
as far as may be, appl'y to such trial:
Provided that in a case of conviction for
any offence in a summary trial under this
seotion, it shall be lawful for the Magis
trate to pass a sentence of imprisonment
for any term for which such offence is
punishable under this Act.
2 of 1974,
Act to ever- 10. The provisions of this Act and of
ride ether Jaw•. any Order issued thereunder shall have
effect notwithstanding any1thing inconsis-
tent therewith conitained in the Industrial
Disputes Act, 1947, or in any other law 14of 1947.
for the time being in force.
1t•~·1 and 11. (1) The Essential Services Main-
•aviag tenance (Assam) Ordinance, 1980, is here- · 2 or 1980.
by repealed.
(2) Notwithstanding such repeal, any-
thing 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 6th
day of April, 1980.
N. SANJIVA REDDY,
President. r'Y ~ ... ~_.,......-; _ _.... ___ - -~ -
:- R. V. S. PERI SASTRI,
Secy. to the Govt. of India. ----·
GAUtlATI-Printed and published by the Supdt. i'c., Assam Govt. Printiag Press
(Ex-Gazette) No.79-906-25- 500-19-'.7-1880.
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