section 2
Definitions.
The Goa Essential Services Maintenance Act, 1988General198811 sections
Statutory text
- (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 of Goa has power to make laws;
- (ii) any service connected with the production, generation, storage, transmission, supply or distribution, as the case may be, of gas, water or electricity;
- (iii) any service connected with the maintenance of public health and sanitation, including hospitals and dispensaries;
- (iv) any public service and posts in connection with the affairs of the State, and also persons appointed to the secretarial staff of the State Legislature;
- (v) any other service or employment or class thereof, connected with matters to which the State Legislature of Goa has power to make laws and which the Government being of – 2 – opinion that strikes in such service, employment, or class thereof, 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 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) “Government” means the Government of Goa;
- (c) “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 who have been so employed to continue to work or to accept employment, and includes—
- (i) failure to attend at, or absence from, the place of work on any working day or during any working hours without obtaining the necessary permission therefor of the authority competent to grant such permission;
- (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.
- (a) “essential service” means—
- (2) Every notification issued under sub-clause (v) of clause (a) of sub-section (1) shall be laid before the Legislative Assembly of Goa immediately after it is made if it is in session and on the first day of the commencement of the next session of the House 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 Legislature as the case may be, unless before the expiration of that period, a resolution approving the issue of the notification is passed by the Legislature.
- (3) Where any notification under this section ceases to operate, the cesser shall be without prejudice to anything done or omitted to be done before such cesser.
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