LexThe Telangana Essential Services Maintenance Act, 1971.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA ESSENTIAL SERVICES MAINTENANCE
ACT, 1971.
(ACT NO.20 OF 1971)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Power to prohibit strikes in certain employments.
4. Penalty for illegal strikes.
5. Penalty for instigation etc.
6. Penalty for giving financial aid to illegal strikes.
7. Power to arrest without warrant.
8. Act to override other laws.
9. Repeal of Andhra Pradesh Ordinance 1 of 1971.
THE TELANGANA ESSENTIAL SERVICES MAINTENANCE
ACT, 1971.1
ACT No. 20 OF 1971.
1. (1) This Act may be called the 2Telangana Essential
Services Maintenance Act, 1971.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force on the
10th April, 1971.
2. (1) In this Act, unless the context otherwise requires,—
(a) "Essential service" means-
(i) any service connected with the affairs of the
State in relation to the maintenance of water supply and
distribution thereof;
(ii) any service connected with the affairs of the
3[Greater Hyderabad Municipal Corporation] and all other
municipal councils, in relation to the maintenance of
drainage, c onservancy including scavenging, s laughter-
houses, markets and all medical facilities provided by the
said local authorities, and transport service appurtenant to
any such service;
1. The Andhra Pradesh Essential Services Maintenance Act, 1971
received the assent of the President on the 26 th August, 1971. The said
Act in force in the combined State, as on 02.06.2014, has been adapted
to the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 20 14) vide . the Telangana
Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No. 13 of 2008.
Short title, extent
and
commencement.
Definitions.
2 [Act No.20 of 1971]
(iii) any service in the 4Telangana Medical and Public
Health Subordinate Services, including the service
consisting of last grade employees and drivers attached to
the medical and public health institutions;
(iv) any service connected with the working of the
Integrated Milk Project, Hyderbad and Vijayawada and other
milk supply schemes in the districts;
(v) any service under the Telangana State Electricity
Board constituted under the Electricity (Supply) Ac t, 1948;
and such other service con nected with the production,
supply or distribution of electricity, as the Government may,
by notification in the 4Telangana Gazette, de clare to be an
essential service for the purposes of this Act;
(vi) any other servi ce connected with matter with
respect to which the Legislature of the State 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 publ ic safety or th e
maintenance of supplies and services necessary for the life
of the community o r; wo uld result in the infliction of grave
hardship on the community m ay, by notification , in the
4Telangana Gazette, declare to be an essential service for
the purposes of this Act;
(b) "Government" means the State Government;
(c) "strike" means the cessation of work b y a body of
persons 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
employment, and includes—
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act 54 of 1948.
[Act No. 20 of 1971] 3
(i) casual leave or other leave en masse in pursuance
of a common understanding among the persons wh o avail
themselves of such leave, or under the direction of any other
person or any body of 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.
(2) Every notification issued under sub -clauses (v) and
(vi) of clause (a) of sub -section (1) shall, immediately after it
is issued, be laid before each House of the State Legisl ature
if it is in session and if it is not in session, in the session
immediately following, for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, a nd if, before the expiration of the
session in which it is so laid or the session immediately
following, both Houses agree in making any modification in
the notification or in the annulment of the notification, the
notification shall, from the date on whic h the modification or
annulment is notified in the 5Telangana Gazette, have effect
only in such modified form or shall stand annulled, as t he
case may be ; so however that any such modification or
annulment shall be without prejudice t o the validity of
anything previously done under that notification.
3. (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.
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to prohibit
strikes in certain
employments.
4 [Act No.20 of 1971]
(2) An order made unde r sub -section ( 1) shall be
published in such manner as the Government may consider
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
force for six months only, but the Gov ernmet may, by a like
order, extend it for any period not exceeding six 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 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
in, any such service shall be illegal.
4. 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 f ine
which may extend to two hundred rupees, or with both.
5. Any person who instigates, or incites other persons to
take part in, or otherwise acts in furtherance of, a strike
which is illegal unde r this Act, shall be punished 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. Any person who knowingly extends or supplies any
money in furtherance or support of a strike which is illegal
under this Act, shall be punished with imprisonment for a
Penalty for illegal
strikes.
Penalty for
instigation etc.
Penalty for giving
financial aid to
illegal strikes.
[Act No. 20 of 1971] 5
term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
7. Notwithstanding anything in the 6[Code of Criminal
Procedure 1898 ,] any police officer may arrest without
warrant any person who is reasonably suspected of having
committed any offence under this Act.
8. The provisions of this Act and of any notification and
order issued thereunder shall have effect notwithstanding
anything inconsistent therewith in the Industrial Disputes
Act, 1947, or in any other law for the time being in force.
9. The Andhra Pradesh Essential Services Maintenance
Ordinance, 1971, is hereby repealed.
* * *
6. See now, t he Code of Criminal Procedur e, 1973 (Central Act No.2 of
1974).
Power to arrest
without warrant.
Central Act 5 of 1898.
Act to override
other laws.
Central Act 14 of 1947.
Repeal of Andhra
Pradesh
Ordinance 1 of
1971.