The KERALA ESSENTIAL SERVICES MAINTENANCE ACT, 1994

[Translation in English of the Kerala Essential Services Maintenance Act, 1994,  published 
under the authority of the Governor.]
THE KERALA ESSENTIAL SERVICES MAINTENANCE ACT, 1994*
(Act 6 of 1994)
AN
ACT
 to provide for the maintenance of certain essential services and the normal life of the
community in the State of Kerala.
Preamble.—  WHEREAS  it  is  expedient  to  provide  for  the  maintenance  of  certain
essential services and the normal life of the community in the State of Kerala;
BE it enacted in the Forty-fifth Year of the Republic of India as follows:— 
1.  Short title, extent and commencement. — (1) This Act may be called the  Kerala
Essential Services Maintenance Act, 1994.
(2) It extends to the whole of the State of Kerala.
(3)  It  shall  be  deemed  to  have  come  into  force  on  the  24th day  of
September, 1993.
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(a) “essential service” means— 
(i) any service under the Government which the Government may, by
notification  in  the  Gazette,  declare  to  be  an  essential  service  for  the
purposes of this Act;
(ii)  any other service connected with matters with respect to which the
State Legislature 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 Gazette, declare to be an essential
*  Received the assent of the Governor on the 3rd day of March,1994 and published in the Kerala 
Gazette  No. 10  dated 8th   March 1994.
2
service for the purposes of this Act;
 (b)“strike” means the cessation of work by a body of persons— 
(A) 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 work assigned and includes — 
(i)  mass casual leave in pursuance of a common understanding among
the persons who avail themselves of such leave or under the direction of
any other person or 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;
(B) engaged in any essential service in connection with the storage, possession,
transport, distribution or disposal of any article the maintenance of supplies of
which  is  necessary  for  the  life  of the community, or any other  conduct of
persons  as  so  engaged  which  is  likely  to  result  in  cessation  or  substantial
retardation of work in any essential service.
Explanation.— For the purposes of this Act, person engaged in any essential
service shall also include the registered owner or any other person having possession
or control of any vehicle or vessel used in connection with that essential service.
(2)  Every  notification  issued  under  clause  (a)  of  sub-section  (1)  shall  be
laid before the Legislative Assembly immediately after it is made if it is in session
and on the first day of the commencement of the next session of the Legislative
Assembly if it is not in session, and shall cease to operate at the expiration of forty
days from the date of its being so laid, unless, before the expiration of that period, a
resolution  approving  the  issue  of  the  notification  is  passed  by  the  Legislative
Assembly.
3. Power to prohibit strikes in essential services. —(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 consider sufficient to bring it to the notice of the persons affected by
the order.
3
(3) An order made under sub-section (1) shall be in force for a period of
three months only, but the Government may, by a like order, extend it for any period
not  exceeding  three  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  or  engaged,  as  the  case  may  be,  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 or engaged, as the case may be, 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 one thousand rupees, or with both.
5. Penalty for instigation, etc.—Any person who—
(a) i nstigates or incites other persons to take part in, or otherwise acts in
furtherance of, a strike which is illegal under this Act; or   
(b)  knowingly  expends  or  supplies  any  money  in  furtherance  or
support of any such strike,
shall be punished with imprisonment for a term which may extend to six months or 
with fine which may extend to one thousand rupees, or with both.
6.  Offences  to  be  cognizable  and  non-bailable.—Any  Police  Officer  may
arrest without warrant any person who is reasonably suspected of having committed
any offence under this Act and such person shall not be granted bail by a police
officer or a Court.
7. Offences to be tried summarily .—All offences under this Act shall be tried in
a summary way by any Judicial Magistrate of  the First Class specially empowered in
this behalf by the Government and the provisions of sections 262, 263, 264 and 265
of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, as far as may
be, apply to such trial.
8. Repeal  and  saving.— (1)  The  Kerala  Essential  Services  Maintenance
Ordinance, 1993 (Ordinance No. 7 of 1993), is hereby repealed.
(2)   Notwithstanding such repeal, anything done or any action taken under
4
the said Ordinance shall be deemed to have been done or taken under this Act.

‹ Prev All Kerala acts Next ›