The Haryana Essential Services Maintenance Act, 1974 (40 of 1974)

HARYANA GOVT GAZ. (EXTRA.), DECEMBER 16, 1974
(AGRAHAYANA 25, 1896 SAKA) 863
PART I
LEGISLATIVEDEPARTMENT
Notification
The 16th December,1974
No. 46-Leg/74.—The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 13th De-
cember, 1974 and is hereby published for general information :—
Haryana Act No.40 of 1974
THE HARYANA ESSENTIALSERVICES MAINTENANCE
ACT 974
A N
ACT
to provide for the maintenance ofessential services in the State of Haryana
and for matters connected therewith or incidental
thereto.
BE it enacted by the Legislature of the State of Haryana
fifth Year of the Republic of India as follows :-
1. (1) This Act may be called the Haryana Essential
tenance Act, 1974.
(2) It extends to the whole of the State of Haryana.
2. In this Act, unless the context otherwise requires,—
(a) "employment"includes employmentof any nature whether paid
or unpaid ;
(b) "Government" means the Government of the State of Haryana ;
(c) "prescribed" means prescr ibedbyrules made under this Act.
3. Th,ls Act shall apply—
(I) to all employment under the Government;
(ii) to any other employment or class of employment which the
Government, being of the opinion that such employment
or class of employment is essential for securing the public
safety, the maintenanceof public order, health or sanitation,
or for maintaining supplies or services necessary for the
life of the community, may, by notification, declare.
4. (I) The Government or an officer authorised byIt in this behalf
may, in respect of any employment or class o f employment towhich section 3
applies, by general or special order, direct thatany person or personsengaged
In such employment shall not depart out ofsuch area or areas as may be
specified In such order.
(2) An order madeunder sub -section(1) shalltbe published in such
manner as the Government or theofficer making the order considers fitto
bring it to the notice of the persons affected thereby.
in the Twenty-
Services Main-short title
and extent.
Definitions.
Employment
to which Act
applies.
Power to
order per-
sons engaged
in certain
employment
to remain in
specified
areas.
5. (1) Any person engaged In any employment or class of employment
to which this Act applies, who—
(a) disobeys any lawful order given to him In the course of such em-
ployment ;
(b) without reasonable excuse abandons such employment or absents
himself from work ; or
Offences.

866 HARYANA GOVT GAZ. (EXTRA.), DECEMBER 16, 1914
(AGRAHAYANA 25, 1896 SAKA)
.96
(c) departs from any area specified in an order made under sub -section
(/) of section 4 without the consent of the authority making the
order ;
shall be guilty of an offence under this Act.
Explanation 1.--Thcfact that a person apprehends that by continuing
Inhis employment he will be exposedto increased physical danger is not a
reasonable excuse within the meaning of clause(b).
Explanation2.--A person abandons his employment within the meaning
of clause(b) Who,altwithstanding that it is an express or implied term of
his contract of employment that he may get his employment terminated on
giving notice to his employer of his intention to do so, abandons his
employment without the previous consent of his employer.
(2) Any employer of a person engaged in an employment or class of
employment declared under section 3 to be an employment to Which this Act
applies, who without reasonable cause—
(a) discontinues the employment of such person ; or
(b) by closing an establishment in which such person is engaged
causes the discontinuance of his employment;
shall be guilty of an offence under this Act.
Regulation 6. (I) The Government may make rules regulating or empowering
of wages and a specifiedauthority to regulate wages and other conditions of service of
°t)nd-iti"s of persons or any class of persons engaged in any employment or class of ern-service. ployment declared as such under section 3.
(2) When any such rules have been made or when any directions regulat-
ing wages or conditions of service have been given by an authority empowered
by such rules to give such directions, any person falling to comply with them
shall be guilty o f an offence under this Act.
Penalties and 7. (1) Any person found guilty of an offence under this Act shall, on
procedure. conviction, be punishable with imprisonment for a term which may extend
to three years and shall also be liable to fine.
(2) Where an offence under this Act has been committed by a company,
every person fncharge of, or responsible to, the company for the conduct of
its business at the time of the commission of the offence shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall render any such
person liable to any punishment if he proves that the offencewas committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(3) Notwithstanding anything contained in sub -section (2), where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or that
the commission of the offence is attributable to any neglect on the part of,
a director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be proceeded against and
punished accordingly.

PUNJAB GOVT GAZ. (EXTRA.), DEC. 16, 1974 867
(AGHN. 2$, 1896 SAKA)
Expkneition.—Forthe purposes of this section,—
(a) "company" means any body corporate, and includes afirm or
other association of individuals ; and
(b) "director" in relation to a firm means a partner in the firm.
(4) No court shalt take cognizance of any offence under this Act except
upon a complaintin Writing made bya person authorised inthis behalf by the
Government.
(5) Any magistrate orbenchof magistrates empowered for the time being
to try in a summary manner the offences specified in sub -section(I) of section
260 of the Code of Criminal Procedure, 1973, may, if such magistrate or bench
of magistrates think(s) fit, on an application made, in this behalf, by the com-
plainant, try any offence under this Act in accordance with the provisions
contained in sections 262 to 26$ of the said Code.
8. No suit, prosecution or other legal proceedings shalllie against anyperson foranything which is In good faith done or intended tobe done underIn dem n ity.
this Act or the rules made thereunder.
9. Any declaration, order, rule or regulation made and anydirection o v e r.r idi rm
given under this Act shall have effect notwithstandinganything contained effect of
In anyother law for the time being in force. or der s, r ules.etc. r n adeu n der th eAct.
10, The East Punjab EasentialServices (Maintenance) Act,1947 (East
Punjab Act13 of 1947), in its application to the State of Haryana, is hereby
repealed.
A. N. AGGARWAL,
Under Secretary to Government, Haryana,
Legislative Department.

‹ Prev All Haryana acts Next ›