LexThe Himachal Pradesh Essential Services (Maintenance) Act, 1972
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH ESSENTIAL SERVICES
(MAINTENANCE) ACT, 1972
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Employment to which this Act applies.
4. Power to order persons engaged in certain emplo yments to
remain in specified areas.
5. Offences.
6. Regulation of wages and conditions of service.
7. Penalties and procedure.
8. Bar of legal proceedings.
9. Effect of orders, rules, etc. made under this A ct.
10. Repeal and savings.
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THE HIMACHAL PRADESH ESSENTIAL SERVICES
(MAINTENANCE) ACT, 1972
(ACT NO. 5 OF 1973)
1
(Received the assent of the Governor on the 9 th March, 1973 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 21 st
March, 1973, pp. 461-464).
An Act to make provisions for the maintenance of certain essential services.
Amended, repealed or otherwise affected by:-
H. P Act No. 18 of 1979
2 assented to by the Governor, Himachal Pradesh
on 4 th July, 1979, published in the Rajpatra, Himachal Pr adesh (Extra-
ordinary), dated 7 th July, 1979, pp. 2018-2019, effective from 3rd March,
1979.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-third Year of the republic of India as follows:-
1. For Statement of Objects and Reasons, see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated the 6 th January, 1973, p. 20. For its Authoritative Hindi Text see the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30 th July, 1986 pp. 1273-1275.
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 3 rd April, 1979, p. 1162.
THE HIMACHAL PRADESH ESSENTIAL SERVICES (MAINTENANCE) ACT, 1972 2
1. Short title, extent and commencement.- (1) This Act may be called
the Himachal Pradesh Essential Services (Maintenance) Act, 1972.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Employment" includes employment of any nature and whether
paid or unpaid;
(b) "Government" or "State Government" means the Government of
Himachal Pradesh.
3. Employment to which this Act applies.-
1[This Act shall apply to-
(i) any employment or class of employment under th e State
Government which the State Government may, by notification in
the Official Gazette, specify; and
(ii) any other employment or class of employment w hich the State
Government, being of opinion that such employment or class of
employment is essential for securing the public saf ety, the
maintenance of public order, health or sanitation, or for
maintaining supplies or services necessary for the life of the
community, may, by notification in the Official Gazette, declare
to be an employment or class of employment to which this Act
applies.]
4. Power to order persons engaged in certain employments to remain
in specified areas.- (1) The Government or any officer authorised in this behalf
by the Government may, in respect of any employment or class of employment to
which section 3 applies, by general or special orde r, direct that any person or
persons engaged, in such employment shall not depart out of such area or areas as
may be specified in such order.
(2) An order made under sub-section (1) shall be pu blished in such
manner as the Government or officer making the order considers best calculated
to bring it to the notice of the persons affected by the order.
5. Offences.- Any person engaged in any employment or class of
1. Substituted for the following section 3 vide Act No. 18 of 1979, effective from 3 rd
March, 1979:-
“This Act shall apply to all employment under the S tate Government and to any
employment or class of employment which the State Government being of opinion that
such employment or class of employment is essential for securing the public safety, the
maintenance of public order, health or sanitation, or for maintaining supplies or services
necessary for the life of the community, may, by no tification in the Official Gazette,
declare to be an employment or class of employment to which this Act applies.”
THE HIMACHAL PRADESH ESSENTIAL SERVICES (MAINTENANCE) ACT, 1972 3
employment to which this Act applies, who-
(a) disobeys any lawful order given to him in the course of such
employment, or
(b) without reasonable excuse abandon such employme nt or absents
himself from work, or
(c) departs from any area specified in an order un der sub-section (1) of
section 4 without the consent of the authority making the order and
any employer of a person engaged in an employment o r class of
employment declared under section 3 to be an employ ment to
which this Act applies, who without reasonable cause-
(i) discontinues the employment of such person, or
(ii) by closing an establishment in which such person is engaged,
causes the discontinuance of his employment,
is guilty of an offence under this Act.
Explanation-I.- The fact that a person apprehends that by continuing in
his employment he will be exposed to increase physical danger is not a reasonable
excuse within the meaning of clause (b).
Explanation-II.- A person abandons his employment within the meaning
of clause (b) who, notwithstanding that it is an ex press or implied term of his
contract of employment that he may terminate his employment on giving notice to
his employer of his intention to do so, so terminates his employment without the
previous consent of his employer.
6. Regulation of wages and conditions of service.- (1) The State
Government may make rules regulating or empowering a specified authority to
regulate wages or other conditions of service of persons or of any class of persons
engaged in any employment declared under section 3 to be an employment or
class of employment to which this Act applies.
(2) When any such rules have been made or when any directions
regulating wages or conditions of service have been given by an authority
empowered by such rules to give them, any person failing to comply therewith is
guilty of an offence under this Act.
7. Penalties and procedure.- (1) Any person found guilty of an offence
under this Act shall on conviction by a competent criminal court be punishable
with imprisonment for a term which may extend to three years and shall also be
liable to fine.
(2) Where the person accused of an offence under this Act is a company
or other body corporate, every director, manager, secretary or other officer thereof
shall, unless he proves that the offence was committed without his knowledge or
that he exercised due diligence to prevent the commission of the offence, be liable
to the punishment provided for the offence.
THE HIMACHAL PRADESH ESSENTIAL SERVICES (MAINTENANCE) ACT, 1972 4
(3) No court shall take cognizance of any offence under this Act except
upon complaint in writing made by a person authorised in this behalf by the State
Government.
(4) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898, an offence under this Act, shall be cognizable.
(5) Any magistrate or bench of magistrates empowered for the time being
to try in a summary way the offences specified in sub-section (1) of section 260 of
the Criminal Procedure Code, 1898, may, if such mag istrate or bench of
magistrates think(s) fit, on application in this behalf by the prosecution, try any
offence under this Act in accordance with the provisions contained in section 262
to 265 of the said Code.
8. Bar of legal proceedings.- No suit, prosecution or other legal
proceedings shall lie against any person for anything which is, in good faith done
or intended to be done, under this Act or the rules made thereunder.
9. Effect of orders, rules, etc. made under this Act.- Any declaration,
order, rule or regulation made and any direction given under this Act shall have
effect notwithstanding anything contained in any law other than this Act.
10. Repeal and savings.- The East Punjab Essential Services
(Maintenance) Act, 1947 (13 of 1947), as in force i n the areas transferred to
Himachal Pradesh under section 5 of the Punjab Re-o rganisation Act, 1966, is
hereby repealed:
Provided that any order made, notification or direc tion issued,
appointment made or action taken in exercise of the powers conferred by or under
the provisions of the Act so repealed, shall, in so far as it is not inconsistent with
the provisions of this Act, continue in force and be deemed to have been made,
issued, done or taken under the corresponding provisions of this Act as if this Act
was in force on the day on which such thing was done or action taken and all the
provisions of this Act shall apply accordingly.
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