The Haryana Essential Services Maintenance Act, 1974

(1) This Act may be called the Haryana Essential Services Maintenance Act, 1974. (2) It extends to the whole of the Srate of Haryana.

In this Act, unless the context otherwise requires,- (a) "employment" includes employment of any nature whether paid or unpaid ; (b) "Government" means the Government of the State of Haryana ; (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 employment or class of employment to which this Act applies, 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) 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 employment 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 employment to which this Act applies.

This Act shall apply- (i) to all employment under the Government ; (ii) to any other employment or class of employment which the Government, being of the opinion that such employment or class of employment 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.

(1) The Government or an officer authorised by it in this behalf may, in respect of any employment or class of employment to which section 3 applies, by general or special order, direct that any person or persons engaged in such employment shall not depart out of such area or areas as 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.

(1) If the 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 employment or class of employment 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 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. (3) upon the issue of the order under sub-section (1),— (a) no person employed in any employment or class of employment 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 employment shall be illegal.

(1) Any person engaged in any employment or class of employment to which this Act applies who— (a) disobeys any lawful order given to him in the course of such employment ; (b) without reasonable excuse abandons such employment 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 the order; [(d) himself takes part in instigates or incites other person to take part in, or otherwise acts in furtherance of, any illegal strike; or (e) knowingly expends or supplies any money in furtherance or support of any illegal strike.] shall be guilty of an offence under this Act. Explanation 1.—The fact that a person apprehends that by continuing in his employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.— A person abandons his employment within the meaning of clause (b) who, notwithstanding that is an express or implied term of his contract of employment that he may get his employment terminated on giving notice to his employer of his intention to do so, abandons his employment without the previous consent of his employer. (2) Any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment to which this Act applies, who without reasonable cause— (a) discontinues the employment of such person; or (b) by closing an establishment in which such person is engaged causes the discontinuance of his employment; shall be guilty of an offence under this Act.

(1 The Government may make rules regulating or empowering a specified authority to reghate wages and other conditions of service of persons or any class of persons engaged ..1 any employment or class of employment dcclarcd as such under ,section 3. (2) When any such rules have been made or when any directions regulating wages or conditions of service have been pven by an authority empowered by such rules to give such directions, any person falling to cornply with themihallbe guiits of an offcnce under this Act.

(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 and shali also be Iiabic to fine. (2) Where an offence under this Act has been commirred by a company, every incharge of, or responsible to, the company for the conducl of its business at the time of the commission of the offence shall be liable to the proceded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person Iiable to any punishment i F he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding any thing contained in sub-section (Z), where an offence under this Act has been committed by a company and it is proved r hat the offence has been committed with the consent or connivance of or that the commission of the offence is athbutable to any neglect on the part of, a director, manager, secretary or orher officer of the company, such director, manager, secrerary or other officer shall also be proceeded against and punished accordingly. Explariatifln.-For the purposes of thjs section,- (a) "company" means any body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm. [(4) The offences under this Act shall be cognizable and non-bai lable.] (5) Any magishate or bench of magistrates empowered for the rime being to try in a summary manner the offences specified in sub-section ( I ) of section 260 of the Code -of Criminal Peocedurc , 1973 may, if such rnagisuate or bench of magistrates thing(s) fit, on an application made, in this behalf, by the complainant, try any offence under [his Act in accordance with the provisions conrained in sections 262 to 265 of the said Code.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good fai& done or entended to be done under this Act or the rules made thercunder.

Any declaration, order, rule or regulation made and any direction given under this Act shall have effect notwithstanding any thing contained in any other law for the time being being in force.

The East Punjab Essential Services (Maintenance) Act, 1947 (East Punjab Act 13 of 1947), in its application to the State of Haryana, is hereby repealed.