The ODISHA ESSENTIAL SERVICES (MAINTENANCE) ACT, 1988

ORISSA ACT 9 OF I992 
*THE OIUSSA ESSENTIAL SERVICES (MAINTENANCE) ACT, 1988 
[Received tke assent of the President on the 17111 Jamlory, 1992 firs1 publislred in atr 
&traordinary issue of the Orjssa Gazette, dated ill e 4th Fcbrtrary 19921 
AN ACT TO PROvlDEf FOR TKE MATNTENANCB OF CERTAIN BSSENTLAL SERVICES AND 
THE NORMAL LIFE OF THE COMMUNITY IN ORlSSA 
BE it enacted by the Legislature of the State or Orirra in the Thirty-ninth 
Year of the Republic of India, as folIows; - 
Gh~rt ttile, 1. (I) This Act may be called the Orissa Essential Services (Maintenance) 
exrcnt and Act, 1988. 
come=- 
mat. (2) It shall cxtend tp the whole of the State or Orissa. 
3 (3) It shall come into forcc at. once. 
Dthnillona 2. In this Act, unless the context otherwise requires,- 
CE (a) "essential senice" means- 
(i) any service connected with the supPly or distribution of Ater and 
with the maintenance of water-works; 
(ii) any seryice connected with the maintenance of public health and 
sanitation, including hospitals and dispensari&;. 
(ill) my service connected with the production, suppIy or distribution of 
electricity' including any service under the Orissa State Electricity 
Board constituted.undcr the Electricity (SuppIy) Act, 1948; 54 a1 1w. 
(iv) any service connected with transportation of. personslgoods: 

(b) "strike'? means the mssation of work by a body of persons employed in any 
essential service actihg in combination or a concerted refusal or a refusal 
under a common understanding of any number of persons who are or have 
bean so employed, to continue to wark or lo acccpt ercploymeni and 
-incIuda- 
(i) unanthoristd absence- from duty in pursuance ol a common usder- 
standing among the persons who unaurborisedly abscnt themselves 
from duty or under the djrectior! of any other ptrson or persons; 
(ti) refual to work overtime where such work is necessary for [he 
maintanancu of any essential service; 
any otha conduct which is likely to result in, or results in. cessa!ioo 
nr substantial retardation of work in any essential service. 
3. (2) If the State Government is satisfitd that in the public interest it is 
necwaty or expedient so to do, it may, by general or special order, prohibit 
rtrike.8 in any essential somice spedrfied in the order. 
(2) An order made under eub-section (I) shall be published in sucb manner 
the State Government co~idtrs beak calculated to bring it to the notice of the 
pcrsons affected by the order. 
c3) An order made under sub-sstion (1) shall be in force for six month 
only, but the State Government may, by a like ordcr, extend it for any period not 
exceeding six monrhs if it is satisfied that in2hepublic inlerest, *it is necmary or 
mpdient EO to do. 
(4) Upon the issue of sn order under sub-section (I& 
, (a) no person cmployed in any essentiaI service to whici~ the order relates 
shall go or ramain on strike ; and 
(6) any strike declared or commenced, *hether Wore or after the issue 
of the order, by persons employed in any such service shall be illegal. 
4. (1) If the State Governmenl is satistkd that in the public interest it is neces- 
sary or expedient so to do, it may, by gnerul or special order, prohibit Iock-oats 
in any establishment pxtaining to any essentiaI servicc specified in the order. 
(2) An order made under sub-section (1) shall be published in such manner 
as the State Government considers best ealculnted to -bring It to thc notice of the 
persons afFected by the ordcr. 
(3) An order mndc under sub-section (1) shall be in fox+ for six months bnly, 
but the State Government may, by a like order, extend it for any period not 
exceeding six months if it is satisfied that in the public interest it is nwssary so 
to do. 
(4) Upon the issue of an order uader sub-section (I) - 
(6) no emplo~er in relatian to an atablishment to which the order appUes 
shall commence any lwk-out; 
(b) any lock-out dtolared or ~mmmcad. whethcr before or arter the. issue 
of the order by any tmpl oycr in relation to an mtabBshment to which 
the-order applits ahall be illegal. . 
(5) Any employer in -relation to an q?!ablishment who eommenccs, continue 
or owmi= actr in fudherece of a lock-out which is illegal under . this .s&ion 
shall be punishable with imprisonment or a term which mcy extend to sh month, or 
,with fine which. wy exfond - to :one' thousand rupeoe, or with bath. 
29 
mar to 5. (1) If the State Gnvernmcnt is sarisfird rllal in Ihe public intercsr it is ncccfisary 
prohibit lay- or expedient SO to do, it may, ty gcncral or special ordcr. prollibit fay oly, c.n any off in ccrblo ground other than shorrage of power nr nnt~~r~l cal;~niily. nf any workman (other mnbhh- than a badli workman or a casual irorkrnm) whore name is borsc till tllc rnusler rolls man, 
of any cstablishnlcnt pertain to any csscntial servicc spxificd i~ ihv ordcr. 
(2) An order mndc undcr svb-scction (1) shall be p1:blishcd it1 sticli manncr 2% 
the State Government considrrs best calculalcd to bring it lo Ihc i~oticc of' the. 
Frsons affected by rhe order. 
(31 An order made under sub-stc!r?n (I) sh. H be ill furcc Tor six m011tfis only, 
but thc Statc- Government may, by Ii kc order cxtcnd it for any period not exceeding 
six months if it is snlisfied that in rhe 'public jntcrest it is necessary or cxpedicnt so 
to do. 
(4) Upou the issue or an ordcr ucdcr sub-scction (I) - 
(a) no employer in relation lo an establiihment to which [he order applies 
 hall In?-off or or continue the lay-;oft of any workrr. an (other than a 
badli workman or a casual wotkman ) whose name is borne on the 
. muster rolls of such establishment unless such lay-or is dl;c to shortage 
of power or to nalural calamity an J any laying-off or continuation of 
laying-off shall, unless such laying-oB or continuatian of laying-off i~ 
due to shortage of power or to natural calamity, be illegal; 
(b) a workman whose laying-off is illegal under clause (a) shall be entitled 
to all the benefits undcr any law for the time being ia'fai-ce as if he had 
not been laid off. 
Penalty for 
UlcsnI ~ltllrsc. 
Peoelty lor 
Imtigatien 
tlf . 
P~wer 10 
arrwt , 
without 
' mane. 
(5) Any employer in relation ,to an establishment who lays-off or mnrjnue Lhe 
laying-off of any workman shall, if such laying-off or continuation of laying-OE is 
illegal under this section, be punishable with imprisonment for a term which may 
extend to six moo ths; or with fjnc which may exreud to ono thousand rupees, or 
with both, 
6. Any person who camencts a etrike whichis illegal under this Act or goes or 
remains, on, or otherwise rakes part in ariy such strike shall bcpunisbable with 
imprisonment for a t :rm Plhich may .extend to six months, or with fine which may 
extend to five hundred rupees, or with both. 
7. Any person who instigates or incites other persons to tqke part in, or ofher- 
wise acts in furtherance of, or does any act preparatory to, a strike which is illegal 
under this Act hall be punishnblc with imprisonment for a term which may extend 
to one year, or with fine which may extend to one thousand wpees or with botb. 
8. ~otnithstauding anything contained in the Code of Criminal Procedure, 3 ,1 j974 
1973, any police oficer not below the rank of~SubIospcctor of Policc may arrest 
'without warrant any person who is rtasonably suspected of having committed any 
such offcnw. 
9. The provisions of this Act and .of any order issued thereunder shatl Iteve 
effect notwithstanding enything inconslslmt. therewith contained in the Lnduatrial 
Disputes Act. 1947, or in aay othtr law for the time being i,n force. 14 ol,l074 

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