The Manipur Essential Services Maintenance Act, 1984

(1) This Act may be called the Manipur Essential Services Maintenance Act, 1984. (2) It extends to the whole of the State of Manipur.

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 Legislative Assembly of the State of Manipur has power to make laws; (ii) any service connected with the production, storage, supply or distribution, as the case may be, of gas or water; (iii) any service connected with the maintenance of public health and sanitation, including hospitals, dispensaries, Primary Health Centres and Primary Health Sub-Centres; (iv) any service in any establishment or undertaking dealing with the production, supply or distribution of power; (b) "Government" means the Government of the State of Manipur; (c) "strike" means the cessation of work by a body of persons while 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 work assigned, 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; (d) words and expressions used in sections 8 and 9 and not defined, but defined in the Industrial Disputes Act, 1947 shall have the meanings respectively assigned to them in that Act,

(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 essential service specified in the Order. (2) An Order made under sub-section (1) shall be published in such manner as the 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 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; (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.

Any person,— (a) who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike, or (b) who instigates or incites other persons to commence, of go or remain on, or otherwise take part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and condition of service applicable to him in relating to his employment.

Any person who commences a strike which is illegal under this Act, or goes or remains on, 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 one thousand rupees, or with both.

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 two thousand rupees or with both.

Any person who knowingly expends or supplies any money 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 two thousand rupees or with both.

(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 lock-outs in any establishment pertaining to any essential service specified in the Order. (2) An Order made under sub-section (1) shall be published in such manner as the 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 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 so to do. (4) Upon the issue of an order under sub-section (1),— (a) no employer in relation to an establishment to which the Order applies shall commence any lock-out; (b) any lock-out declared or commenced, whether before or after the issue of the Order, by any employer in relation to an establishment to which the Order applies shall be illegal. (5) Any employer in relation to an establishment who commences, or otherwise acts in furtherance of a lock-out which is illegal under this section, 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.

(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 lay-off, on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of any establishment pertaining to any essential service specified in the Order. (2) An Order made under sub-section (1) shall be published in such manner as the Government considers best calculated to bring it to the notice of the persons affected by the Order.

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

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act shall be tried in a summary way by a Chief Judicial Magistrate or any Judicial Magistrate of the first class specially empowered in this behalf by the Government and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that in case of conviction for any offence in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under the Act.

The provisions of this Act and of any Order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force.