The Rajasthan Essential Services Maintenance Act, 1970

Rajasthan Essential Services Maintenance (Amendment)Act, 1982 
(Act No. 5 of 1982) 
1. Short title, extent and commencement. - (1) This Act may be called the 
Rajasthan Essential Services Maintenance (Amendment)Act, 1982. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall be deemed to have come into force on the 20 th day of January, 
1982. 
2. Definitions.- (1) In this Act, unless the context otherwise requires.- 
(a) "essential service" means 
(i) any public service in connection with the affairs of the State of Rajasthan; 
(ii) any service under the educational institutions recognised by the Director 
of Education, Rajasthan, or by the Board of Secondary Education, 
Rajasthan; 
(iii) any service under a local authority; 
1(iv) any other service connected wi th matters with respect to which the 
State Legislature has power to make laws and which the State 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 official Gazette, declare to be an essential service for 
the purposes of this Act: 
Provided that the State Government shall not make a declaration under this 
sub-clause in respect of a service connected with matters enumerated in List 
III in the Seventh Schedule of the Constitution, if the Central Government 
has made any declaration under sub-clause (xvii) of clause (a) of sub-section 
(1) of section 2 of the Essential Services Maintenance Act, 1981 (Central 
Act No. 40 of 1981) in respect of such service;”; and 
                                                           
1 Inserted by notification dated 25.03.1982 
(b) "strike" means any cessation of work (including any authorised absence 
from duty) by a body of persons employed in any essential service acting in 
combination or a concerted refusal or a refusal under a common 
understanding or any number of persons who are or have been so employed 
to continue to work or to accept employment, and includes, 
(i) refusal to work over -time where such work is necessary for the 
maintenance of any essential service. 
(ii) any other conduct which is likely to result in or results in cessation or 
substantial retardation of work in any essential service. 
1(2) Every n otification issued under sub -clause (iv) of clause  (a) of sub -
section (1) shall be laid before the House of the State Legislature 
immediately after it is made if it is in session and on the first day of the 
commencement of the next session of the House if it is not insession, and 
shall cease to operate at the expiration of forty days from the date of its 
being so laid or from the re -assembly of the State Legislature, as the case 
may be, unless before the expiration of that period a resolution approving the 
issue of the notification is passed by the House of the State Legislature.”  
3. Power to prohibit strike in certain employments. - (1) If the State 
Government is satisfied that in the public interest it is necessary or expedient 
so to do, it 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 State Government considers best calculated to bring it to the notice of 
the persons affected by the order. 
(3) An order made under sub-section (1) shall be in operation for six months 
only, 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 
necessary or expedient so to do. 
(4) Upon the issue of an order under sub-section (1) 
(a) no person employed in any essential service to which the order relates 
shall go or remain on strike. 
                                                           
1 Inserted by notification dated 25.03.1982 
(b) any strike declared or commenced, whether before or after the issue of 
the order, by persons employed in 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 in, or otherwise takes part in, any 
such strike shall be punishable with imp risonment for a term which may 
extend to six months, or with fine which may extend to two hundred rupees, 
or with both. 
5. Penalty for instigation, etc. - Any person who instigates or incites other 
persons to take part in, or otherwise acts in furtherance of, a strike which is 
or would be illegal under this Act, shall be punishable 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. Penalty for giving financial aid to illegal strikes. - Any person who 
knowingly expends or supplies any money in furtherance or support of a 
strike which is or would be illegal under this Act, shall be punishable with 
imprisonment for a term which may extend to one year, or with fine which 
may extend to one thousand rupees, or with both. 
7. 1Power to arrest without warrant. - Notwithstanding anything contained in 
the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), a ny 
police officer may arrest without warrant any person who is reasonably 
suspected of  having committed any offence punishable under this Act. 
8. 2Act to over -ride other laws. - The provisions of this Act and of any order 
issued there  under shall have effect notwithstanding anything inconsistent 
therewith contained in  the Industrial Disputes Act , 1947 (Central Act 14 of 
1947), or in  any other for the time being in force. 
9. 3Repeal and Saving. - (1) The Rajasthan Essential Services Maintenance 
(Amendment) Ordinance, 1982  (Ordinance 1 of 1982) is hereby repealed. 
4(2) Notwithstanding such repeal, an ything done or any action taken under 
the principal Act as amended by the said Ordinance shall be deemed to have 
been done or taken under the Principal Act as amended by this Act. 
                                                           
1 Inserted by notification dated 25.03.1982 
2 Ibid  
3Ibid  
4 Ibid 

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