The Gujarat Essential Services Maintenance Act,1972

GOVERNMENT OF GUJARAT 
LEGAL DEPARTMENT 
"Gujarat Act No. 23 of 1972 
Shas ‘The Gujarat Essenti al Services 
©... 7." Maintenance Act, 1972." 
(As ‘modified upto 30th. June 1981) 
[= 
PRINTED -IN INDIA BY THE MANAGER, GOVERNMENT CNETRAL PRESS, 
. GANDHINAGAR, PUBLISHED BY THE.DIRECTOR, GOVERNMENT PRINTING, 
PUBLICATIONS AND STATION7RY, GUJARAT STATE, AHMEDABAD. 
igen. 
4 . ~ : 
Price”: Rs. 00-55 np.
1972 : Guj. 23] 
THE GUJARAT ESSENTIAL SERVICES MAINTENANCE ACT, 1972, 
CONTENTS. 
PREAMBLE. 
SECTIONS. 
1. Short title, oxtent and commencement. 
2. Dufinitions. 
3. Power to prohibit strikes in certain ort 
4. Penalty for illogal strikes. | 
5. Ponalty for instigation ote. 
6. Penalty for giving financial aid to illegal strikes. 
7. Section 4,5 or 6 in addition +o disap action. 
8. Powerto arrest without. warrant and offoncss to be non-bailable. 
9. Saving. 
H-3896-i 
GUJARAT ACT NO. 23 OF 1972.0» ° 
- [Tee GusArar Essentiar Servioss Matsrmxaxo Aon, 1972.] 
i [12th December, 1972.] 
Amented by Guj. 34 of 1980. 
An Act to provide for the maintenance of certain essential services and the normal life of the community, ’ 
It is hereby enacted in the Twenty-third Year of tho Republic of India a follows :— 
1.. (I) This Act may be called: the Gujarat Essential Services Maintenance Act, 1)72. A Short title, : 3 SRL Ey extent and (2) It extends to the whole of the State of Gujarat.” Somiiengss ) | : i ) pore te | ' ment. 
(3) It shall come into forco:at once. 
2, (I) In this Act, unless the context otherwise requires,— Definitions. 
- (a) essential service” means,— 
(9) all employment under the State Government (including all officers and servantsof the State Legislature Secretariat and of the High Court); 
(6) any other employment or class of employment connected with matters with respect to which the State Legislature has power to make laws, in res- peet of which the State Government is of opinion that strikes in such employ- ment or class of employment would prejudicially affect the: maintenance of any public utility service, the public safety or the maintenance of ‘supplies “or serviges essential to the life of, the commanity: or would 
result in the infliction of grave hardship on the community, and which the State Government declares, by notification in the Official Gazette, to bo an esiential service for the purposes: of this Act: ; i 
(b) “strike” moans the cossation of work by a body of persons employad in any essential s0Tvie acting in combination or a concerted refusal or a rofusal under a common undorstanding of any number of porsons who aro or havo bean so employed to continue to work or te accept employment, and includes— Cat ‘ 
(3) rofusnl to work overtime whore such work is negostary for the main- 
tenance of any essontinl servico ; Eh 
(#6) any other conduct which islikoly to resultin, or rosults in, cessation 
or substantial retardation of worl in any ossontial sorvico. 
1. Tor Statement of Objeets and Ronson see Gujiwat Government Gazette, xtra Ordinary, Part V, dated 11th December, 1072, p. 328, ) y . 
* This Aol was asgonted to by the Governor on tho 126th Dooombor 1072. vo 
H-3806-1
Power to pro- 
hibit strikes 
in certain 
employments. 
Penalty for 
illegal strikes. 
Penalty for 
instigation 
ete. 
Penalty for 
giving finan. cial aid to 
illegal strikes, 
Section 4, 5 
or 6 in add;- 
tion to disoj- 
plinary 
action, 
2 Gujarat Tssential Services Maintenance Act, 1972 [1972:Guj. 23 
ificabion i fu ii auso («) of sub-soction (?) Every notificntion issued undor sub-clauso (ii) of clauso (a) 
(1) shall De laid bofore the State Logislature immodiately aftorit is made if itis 
in sossion, and on the first day of tho commencement of tho nox sossion of 
the Legislature if it is not in sossion, and shall cone to oporato ab tho expiration 
of forty days from the dato of its boing so laid or from tho Eats Ss 
Stato Logislature, as tho case may bo, unloss boforo tho AE poi 
period a resolution approving the iesué of tho no.ification 1s passed by tho 
State Legislaturo. 
3. (I) Ifthe Stato Governmont is satisfied that in the public intorest it 13 
nocossary or exprdiont so to do, it may, by general or special order, prohibit 
strikes in any essential service specified in tho Order 
(2) An Order mad under sub-section (Z) shall be published in such manner 
as the State Government considers best calculated to bring it to the notice 
of the porsons affected by the Order. 
(3) An ‘Order made under sub-section (7) shall be in force for six months 
only, but the State Government may, by & like Order, extend it for any period 
not oxceeding six months if it is sauisfied that in the public interest it is 
necessary or expediont so to do. : 
(4) Upon the issue of an Ordor under sub-section (I),— 
(2) no porson employed in any essential service to which the Order relates shall go or remain on strike ; ; 
(b) any strike declared or commonced, whothor before or after the issue -of the Order, by persons employed in any such sorvico shall be illegal. 
4. Any person who commences a strike which is illogal under this Act or goos or remains on, or otherwise takespart in, any such strike shall, on convie- 
tion, be punished with imprisonment for 2 term which may extend to six months, 
or with fine which may oxtend to two hundred rupees, or with both. 
5. Any person who instigates or incites othor persons to take part in, or othor- 
wise acts in furtherance of, a strike which is illegal under this Act shall, on con- 
viction, 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. . Any person who knowingly expends oz supplios eny monay in furtherance OT support of a strike which is illegal under this Act shall, on conviction, be 
Punished with imprisonmont for s tcrm which may oxtond to ono year, or with 
fine which may oxtend to ono thousand rupeos, or ‘with both. 
Li Any action taken undor section 4, 5 or 6 shall not affect, and shall be in 
addition to, any action of a disciplinary nature or any consequence ‘which may nsus, and to which any person may be liablo by the terms and conditions of his 80rviee or employment, 
25
~ #Vof 
1898. 
1972 : Guj. 23] | 2 Gujarat Essential Services Maintenance 4 ct, 1972 3 
8. Notwithstandi : hstanding anvil: i 
1898*any police oFioos i yi Wig yombainad in the Cod : : 
suspected of having o don without warrant an i" of Criminal Procedure 
under this Act chall bo non brilabh oftonce undor tds Aol who is roasonably 
-bailable 2 ob; and all offon 
. offoncos 
9. Nothing contained i = 
X ained in thi 
1[(not being an indust this Act shall appl 
LC { str apply to e . 
distributes electricity Te he h genoratos ohctaisty. Tot many industry 
Industrial Relations Act oe publie),] to which thy pr pd public or supplios or 
36, 6 or tho Industrial Disputes dot of the Bombay 
a 3 as ot, 1947 & & 
apply. 
— 
1. Th ok : ese brackets and words were inserted by Guj. 34 of 1980, 8 2 
PRESS, GANDHINAGAR, 
PRINTED AT THE GOVERNMENT CENTRAL 
Power to 
arrest without warrant end 
offences to be 
non-bailable 
Saving.
Obtainable from (he Gujarat Government Publications | Depot, Az mkhen Palace, 
Bhadra, Ahmedabad (for orders from the molussil); from ‘the Government Book 
Depot, Rajkot, Government Book Depot, Baroda or through the High Commis- 
sioner for India, India House, Aldwych, London W.C.2 gr through any recognised 
Bookseller,

‹ Prev All Gujarat acts Next ›