The UTTAR PRADESH ESSENTIAL SERVICES MAINTENANCE ACT, 1966

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THE UTTAR PRADESH ESSENTIAL SERVICES
MAINTENANCE ACT, 1966 1
(U. P. Act No. XXX of 1966)
Amended by
U. P. Act No. 16 of 1982
U. P. Act No. 24 of 1983
[Passed in Hindi by the Uttar Pradesh Legislative Assembly
on December 5, 1966 and by the Uttar Pradesh Legislative Council
on December 9, 1966.
Received the assent of the Governor on December 30, 1966
under Article 200 of the Constitution of India and was published
in the Uttar Pradesh Gazette Extraordinary, dated December 31,
1966. ]
AN
ACT
to provide for the maintenance of certain essential
services in Uttar Pradesh and for matters connected therewith.
IT IS HEREBY enacted in the Seventeenth Year of the
Republic of India as follows :
Short title
and extents
1. (1) This Act may be called the Uttar Pradesh Essential
Services Maintenance Act, 1966.
(2) It extends to the whole of Uttar Pradesh.
Definitions 2. 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 Uttar Pradesh ;
2[(ii) any service under an educational institution recognized
by the Director of Education, or by the Board of High School and
Intermediate Education, Uttar Pradesh, or service under a University
incorporated by or under an Uttar Pradesh Act including any affiliated
college, associated college, autonomous college, constituent college or
Institute of any such University. ]
(iii) any service under a local authority ;
3 [(iv) any service in connection with the U. P. State
Co-operative Land Development Bank or any other State Level
Co-operative Society, mentioned in clause (a-4) of section 2 of the Uttar
Pradesh Co-operative Societies Act, 1965, or its member co-operative
societies, registered under the said Act ;
——————————————————————————————————————————  
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary , dated December 3, 1966.
2. Subs. by sec. 2 of U. P. Act no. 16 of 1982.
3. Ins. by sec. 2 of U.P. Act no. 24 of 1983.
[The Uttar Pradesh Essential Services Maintenance Act, 1966]
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(v) any service in connection with any Government Company in
which not less than fifty-one per cent paid-up-share capital is held by
the State Government, or any other statutory body (by whatever name
called) established or constituted by or under any Uttar Pradesh Act ;
(vi) any other service connected with matters with respect to
which 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 great hardship on the
community, may by notification declare to be essential service for the
purpose of the Act. ]
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(b) “strike” means any cessation of work (including any
unauthorized 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 of any number of persons who
are or have been so employed to continue to work.
Power to
prohibit
strikes in
certain
employments
3. (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) During the period of operation of an order under sub-section
(1), any strike by persons employed in any essential service to which
the order relates shall, whether it is declared or commenced before or
after the commencement of the order, be illegal.
Penalty for
illegal strikes
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 punishable with imprisonment for a term which may
extend to six months or with fine which may extend to five hundred
rupees or with both.
Penalty for
instigation,
etc.
5. 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.
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1. Ins. by sec. 2 of U.P. Act No. 24 of 1983
[The Uttar Pradesh Essential Services Maintenance Act, 1966]
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Penalty for
giving
financial aid
to illegal
strikes
6. 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.
Power to
arrest
without
warrant
7. Any police officer may arrest without warrant any person
who is reasonably suspected of having committed any offence
punishable under this Act.
Act to
override
other State
Laws
8. The provisions of this Act and of any order issued
thereunder shall have effect notwithstanding anything inconsistent
therewith contained in any other Uttar Pradesh Act for the time being
in force.
Repeal and
saving U. P.
Ordinance VI
of 1966.
9. (1) The Uttar Pradesh Essential Services Maintenance
Ordinance, 1966 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or
taken under this Act as if this Act had commenced on the Twenty-eight
day of August, 1966.

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