The Karnataka State Civil Services (Prevention of Strikes) Act, 1966

THE KARNATAKA STATE CIVIL SERVICES (PREVENTION OF

STRIKES) ACT, 1966

(1) This Act may be called the Karnataka State Civil Services (Prevention of Strikes) Act, 1966. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force at once.

In this Act,- (1) "State Civil Servant" means a person who is a member of a civil service of the State of Karnataka or holds any civil post under the State of Karnataka ; (2) "strike" means a cessation of work (including any unauthorised absence from duty) by a body of State civil servants acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of State civil servants to work.

No State civil servant shall resort to strike.

Any State civil servant who commences, continues or otherwise acts in furtherance of a strike shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

Any person who instigates or incites State civil servants to take part in, or otherwise acts in furtherance of a strike, shall be punished with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

Any person who knowingly expends or applies any money in furtherance or support of a strike shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

Any person who attempts to commit, or does any act preparatory to commission of any offence under this Act, shall be deemed to have committed such offence.

(1) Where an offence under this Act has been committed by an association, every person who at the time the offence was committed was in charge of, and was responsible to, the association for the conduct of the business of the association, as well as the association, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by an association and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any member of the executive or managing committee of the association or any manager, secretary or other officer of the association such member, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation :- For the purpose of this section, "association" means any body of individuals whether incorporated or not.

Any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence punishable under this Act.

No person accused or convicted of an offence under section 5 of this Act shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release and where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.

The trial of any offence under this Act in any court shall have precedence over the trial of any other offence pending in such court.

The Karnataka State Civil Services (Prevention of Strikes) Ordinance, 1966, is hereby repealed.