The Tripura Essential Services Maintenance Act, 2019

No.2084 Registered No.N. E. 930.
    
      
Q, PSE
IieTRIPURA a   ( GAZETTE
 
PublishedbyAuthority
EXTRAORDINARY ISSUE
Agartala, Friday, October4, 2019 A. D., Asvina 12, 1941 S. E.
PART--Ill-- Acts of Tripura Legislature
GOVERNMENTOFTRIPURA
LAW DEPARTMENT
SECRETARIAT : AGARTALA
No. F.8(14)-Law/Leg-1/2019/9795-96 Dated, Agartala, the 4th October, 2019.
NOTIFICATION
The following Act of the Tripura Legislative Assembly received the assent of
the Governor of Tripura on the 1~ October, 2019 and is hereby published for
General information.
104
GoutamDebnath
L.R. &Secretary, Law
GovernmentofTripura
 

Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D.
 
 
 
 
 
 
 
 
 
 
 
 
 
INDEX
SI No, Details | Page No.
1. Short, title and extent 1
2. Definitions 1
3. Service to which Act applies 1-2
4. Power to order persons engaged in certain 2
services to remain in specified areas.
5. Powertoprohibit strike 2
6, Offences 2-3
Ks Regulation ofwages and conditionsofservice. 3
8. Penalties and procedure 3-4
9. Indemnity q
10. Over riding effect of orders, rules etc, made 4
undertheAct.
   
 
 

Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D.
THETRIPURAACTNO. 9 OF2019
THE TRIPURAESSENTIAL SERVICES MAINTENANCE ACT, 2019
An
ACT
te provide for the maintenance ofessential services in the State of Tripura to
ensure the delivery of those essential services, which if obstructed would
effect the normal life of the people and for matters connected therewith or
incidental thereto,
BE it enacted by the Tripura Legislative Assembly in the seventieth year of the
Republic ofIndia as follows:-
1. Short, tithe and cxtent.
(1) This may be called ‘The Tripura Essential Services Maintenance Act,
2019";
(2) It extends to the whole of the State of Tripura.
(3) [t shall come into force on and from the date of its publication in the Tripura
Gazette.
2. Definitions
(1) [In this Act, unless the context otherwise requires, -
ja) “service” includes employment of anynature whetherpaid or
unpaid;
{b) "Government" means the Governmentofthe State ofTripura;
(c) “prescribed” means prescribed by rules made under this Act;
[d) “strike” means the cessation of work by a body of persons employed in any
service or class of semice to which this Act applies, acting in combination, or a
concerted refusal, or arefusal under a common understancing, of any number of
persons, who are or have been so employed to continue to work or to accept
service, 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
work in any service to which this Act applies; or
(iii) any other conduct which is likely to result in, or results in, cessation or
substantial retardation of work in any service to which this Act applies,
3. Service towhich Act applies.
This Act shall apply-
 

Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D.
To anygovernmentservices or class of services which the Government,
being ofthe opinion that such services or class of services 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
notification, declare.
4. Power to order persons engaged in certain services to remain in specified
areas.
(1) The Government or an officer authorized by it in this behalf may, in respect of
any service or class of service to which section 3 applies, by general or special
order, direct that any person or persons engaged in such service shall not depart
out of such area or areas may be specified in such order,
(2) An order made under sub-section (1) shall be published in such manner as the
Government or the officer making the order considers fit to bring it to the notice of
persons affected thereby.
5. Power to prohibit strike.- (1) [f the Governmentis 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 service or class of service to which this Act applies.
(2) An order made under sub-section (1) shall be published in such manner as the
Government considers sufficient to bring it to the notice of the persons affected by
the order and shall remain in force for a period of six months:
Provided that the government mayifsatisfied and feels it expedient to do so,
in the public interest, extend for any further period but not exceeding six months
by one such order.
[3} Upon the issue of the order under sub-section (1), -
la) No person employed in any service or class of service to which this Act applies
and to whom the order relates shall go, or remain on strike: and
(b) any strike declared or commenced, whether before or after the issue of the order
persons employed in any such service shall be illegal.
6. Offences
Any person engaged in any service or class of service to which this Act applies
who-
(a) disobeys anylawful order published by such general or special order u/s 5/1);
[b) without reasonable excuse abandons such service or absents himself from
work;
\c) departs from any area specified in an order made under sub-section (1) of
section 4 without the consent of the authority making theorder;
(d) himself takes part and abets other person to take part in, otherwise acts in
furtherance of, suchillegal strike; or
Shall be guilty of an offence under this Act.
 

Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D.
Explanation 1-
If a person apprehends that by continuing in his service, he will be exposed to any
danger because of such prohibited act under this Act, such apprehension shall not
be areasonable excuse within the meaning of clause (b).
Explanation 2 -
1) Any employer of a person other than the government engaged in a service or
class of service declared under section 3 to be a service to which this Act applies,
who without reasonable cause
(a) discontinues the service of such person; or
(b) by closing an establishment in which such person is engaged causes the
discontinuanceofhis service;
Shall be guilty of an offence under this Act.
7. Regulation ofwages and conditions of service.
(1) The Government may make rules regulating or empowering a_ specified
authority to regulate wages and other conditions of service of persons or any class
of persons engaged in any service or class of service declared as such under
section 3.
(2) When any such rules have been made or when any direction regulating wages
or conditions of service have been given by an authority empowered by such rules
to give such directions, any person failing to comply with them shall be guilty ofan
offence underthis Act.
8. Penalties and procedure.
(1} Any person found guilty of an offence under this Act shall, on conviction, be
punishable with imprisonment for a term which may extend to three years or with
fine which mayextend upto Rs. 10,000/- (Rupees Ten Thousand) or with both.
(2) Where an offence under this Act has been committed by a company, every
person in-charge of, or responsible to the company or to any particular section of
the company responsible for the conductofits business or for conduct of part ofits
business at the time of the commission of the offence shall be liable to be
proceeded against and be punished accordingly;
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
 

Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D.
Explanation. —
For the purposeofthis section.-
(a) "company" means any body or corporate, and includes a firm or other
association of individuals and
(b) "director" in relation to a firm means a partner in the firm.
(3) The offences under this Act shall be cognizable and bailable.
(4) Any First Class Magistrate may take cognizance and pry suchcases.
9. Indemnity
No suit, prosecution or other legal proceedings shall lie against any person for
anything which is done in good faith or contended to be done underthis Actor the
rules made there under.
10. Over riding effect oforders, rules etc., made under the Act.
The provisions of this Act or any order or Notifications made or direction given
under this Act shall have effect notwithstanding anything contained in any other
law for the time being in force,
Goutam Debnath
LR & Secretary, Law
Government of Tripura.
 
Printedat the Tripura Government Press, Agartala. 6

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