The Chhattisgarh Essential Service Maintenance Act, 1979 No. 10 of 1979

(1) This Act may be called the Madhya Pradesh Atyavashyak Seva Sandharan Tatha Vichchhedan Nivaran Adhiniyam, 1979. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

This Act shall apply to all the essential services under the State Government and such services under any local authority as the State Government may by notification specify. This Act shall apply to scientific, technical, executive, operative and ministerial personnel connected with essential service. Explanation.—In this section personnel connected with essential service shall include: (i) persons engaged on contract; (ii) persons not in whole time employment; (iii) persons paid out of contingencies; and (iv) persons employed in work charged establishments.

In this Act, unless the context otherwise requires,— (a) "essential service" means any service under the Government of Madhya Pradesh or under a local authority which the State Government 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; In this Act, unless the context otherwise requires,— (a) "essential service" means the service specified in the Schedule; (b) "refusal to work" in relation to personnel connected with an essential service means commission of any act by such personnel which is prohibited under section 5.

(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 force 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; and (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.

No person shall, in any essential service in which an order under section 4 is in force, incite or induce or attempt to incite or induce any person to take part in or otherwise act in furtherance of a strike which is illegal under this Act. From the date specified in the order made under sub-section (1) of section 4, no person connected with an essential service shall act or shall go on a tour in a manner— (i) resort to a total or partial cessation of work by refusal or otherwise; or (ii) refuse to work beyond normal working hours where such work is necessary for the maintenance of the essential service; or (iii) cause deterioration, damage or destruction to any installation, machinery, plant, vehicle, building, office terminal or any other property or attempt or abet the doing of such act; or (iv) resort to any activity which hinders, obstructs, holds up, go slow or any other activity by whatever name called, resulting in cessation or retardation of work; or (v) take recourse to acts of commission or omission resulting in disruption of normal working; or (vi) prevent or obstruct any person from attending or discharging his duties.

No suit or other proceeding shall be entertained or continued in any court in respect of any order or action taken under this Act except the Court of the District Judge having jurisdiction in the area where the essential service is situated. (1) The Court of District Judge shall have, and no Court subordinate to it shall have, jurisdiction to entertain any suit or proceeding calling in question the validity of any order made under sub-section (1) of section 4. (2) In a suit or proceeding under sub-section (1) this court of District Judge shall not make ex-parte order granting stay or injunction.

(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 Rs. 200, or with both. (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 Rs. 1,000, or with both. (1) Whoever contravenes, quits or attempts to contravene any of the provisions of section 5, except clause (iii) thereof, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 500, or with both. (2) Whoever contravenes, quits or attempts to contravene any of the provisions of clause (iii) of section 5 shall, without prejudice to any penalty that may be leviable under any other enactment for the time being in force, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to Rs. 5,000.

Any person who knowingly expends or supplies any money or provides any financial support in furtherance or support 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 Rs. 1,000, or with both. Whoever— (i) instigates, or incites or abets any person serving in an essential service to resort to any activity prohibited under section 5; or (ii) knowingly supplies any money or material to any person or body of persons serving in connection with an essential service in furtherance or support of any activity prohibited under section 5, shall be deemed to have contravened the provisions of that Section, and shall be liable to be proceeded against and punished accordingly.

No court shall take cognizance of any offence punishable under this Act except upon a report in writing of the facts constituting such offence made by an officer of the State Government not below the rank of a Gazetted Officer. (1) Every offence punishable under this Act shall be tried by a Magistrate of the first class. (2) The provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply to investigation, inquiry and trial of all offences under this Act.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), all offences under this Act shall be tried in a summary way by a Judicial Magistrate of the first class, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial.

The Madhya Pradesh Essential Services Maintenance Ordinance, 1979 (No. 2 of 1979) is hereby repealed: Provided that anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

A. Scientific, technical, executive, operative and ministerial personnel connected with - (1) Electricity generation, transmission and distribution; (2) Public and State motor transport and workshops; (3) Public Health; (4) Public Health Engineering; (5) Municipal Corporations, Municipal Councils, Notified area committees and Special Area Development Authorities; (6) Public distribution system of fair price shops; (7) Procurement under public distribution system of - (a) food grains, and (b) other essential commodities as defined under the Essential Commodities Act, 1955; (8) Distribution of milk, livestock and Veterinary and Animal husbandry and Poultry Services; (9) The Madhya Pradesh Secretariat services governed by the Madhya Pradesh Secretariat Services Recruitment Rules, 1976; (10) The services of the Madhya Pradesh Vidhan Sabha Sachivalaya; (11) The services under all wings of Departments and their subordinate offices; B. Personnel appointed for conduct of examinations by the following- (1) Board of Secondary Education, Madhya Pradesh; (2) All Universities in the State of Madhya Pradesh; (3) Professional Examinations Board, Madhya Pradesh; C. Personnel appointed for conduct of elections to Parliament or to the State Legislature; D. Personnel entrusted with the work relating to assessment and valuation of loss caused and relief, rehabilitation and settlement of persons affected due to earthquakes or other natural calamity or any other calamity or crisis.