The Essential Services Maintainance (Arunachal Pradesh) Act, 1993

Short title, extent and commencement.-

1. (1) This Act may be called the Essential Services Maintenance (Arunachal Pradesh) Act, 1993.
2. (2) It extends to the whole of the State of Arunachal Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.-

1. (1) In this Act, unless the context otherwise requires,—
   • (a) "essential service" means—
     • (i) any transport service for the carriage of passengers or goods by land or water, with respect to which the State Legislature has power to make laws;
     • (ii) any service connected with the operation of the system of public conservancy, sanitation, water supply, hospitals or dispensaries;
     • (iii) any service in connection with or required for the efficient working of such government departments as the State Government may, by notification in the Official Gazette, specify in this behalf;
     • (iv) any other service or employment or class of services or employments 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 the 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;
   • (b) "strike" means the cessation of work 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 or to accept employment and includes—
     • (i) refusal to work overtime 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;
2. (2) Every notification issued under sub-clause
   • (iv) of clause
   • (a) of sub-section (1), shall be laid before the Legislative Assembly of Arunachal Pradesh immediately after it is made, if it is in session, and on the first day of the commencement of the next session of the Legislative Assembly, if it is not in session, 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 Legislative Assembly, as the case may be, unless before the expiration of that period a resolution approving the issue of the notification is passed by the Legislative Assembly.
3. (3) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

Power to prohibit strikes in certain employments.—

1. (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. (2) An order made under sub-section
3. (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.
4. (3) An order made under sub-section
5. (1) shall be in force for six months only, but the State Government may, by a like order, extend it for a further period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
6. (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.

Power to prohibit lock-outs.—

1. (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 lock-outs in any establishment pertaining to any essential service specified in the order.
2. (2) An order made under sub-section
3. (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.
4. (3) An order made under sub-section
5. (1) shall be in force for six months only, but the State Government may, by a like order, extend it for a further period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
6. (4) Upon the issue of an order under sub-section (1),—
   • (a) no employer of any establishment to which the order relates shall commence, or continue, any lock-out;
   • (b) any lock-out declared or commenced, whether before or after the issue of the order, by any employer of such establishment shall be illegal.

Illegal strikes

1. (1) No person employed in any essential service shall go or remain on strike and any strike declared or commenced, whether before or after the commencement of this Act, by persons or class of persons employed in any such service shall be illegal.
2. (2) Any person who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
3. (3) Any person who instigates, or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is 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.

Prohibition of lock-outs

1. (1) No employer of any essential service shall commence any lock-out and any lock-out declared or commenced, whether before or after the commencement of this Act, by any employer engaged in any such service shall be illegal.
2. (2) Any employer who commences, continues or otherwise acts in furtherance of, a lock-out which is illegal under this Act, 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 illegal strikes.

1. (1) 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 two hundred rupees, or with both.
2. (2) Any person who instigates or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is 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.

Penalty for lock-outs.

1. (1) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
2. (2) Any employer who instigates or incites other persons to take part in, or otherwise acts in furtherance of a lock-out which is 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 two thousand rupees, or with both.

Penalty for instigation.—Any person who instigates, or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this Act shall on conviction be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

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 illegal under this Act shall on conviction be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Power to arrest without warrant.

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act.

Act to be in addition to other laws. The provisions of this Act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Amendment.

1. (1) The State Government may, by notification in the Official Gazette, add to, or amend, the Schedule and on the publication of such notification, the Schedule shall be deemed to be amended accordingly.
2. (2) Every notification made under sub-section
3. (1) shall be laid, as soon as may be after it is made, before the Legislative Assembly of Arunachal Pradesh while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Legislative Assembly agrees in making any modification in the notification or the Legislative Assembly agrees that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

Repeal and saving.

1. (1) The Essential Services Maintenance (Arunachal Pradesh) Ordinance, 1993 (Ordinance No. 1 of 1993) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.