The Sikkim Essential Services Maintenance Act, 1978

This Act may be called the Sikkim Appropriation Act 2000.

In the Sikkim Essential Service Maintenance Act, 1993, in section 2, after clause(g), the following clause shall be inserted ,namely:- "(ga) any service connected with the Maintenance of law and order in the State including the services of the Sikkim Armed Police and Vigilance Police".

1. (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. (2) An order made under sub-section
3. (1) shall be published in the Official Gazette or in such manner as the State Government considers best calculated to bring it to the notice of the persons to be affected by the order.
4. (3) An order made under sub-section
5. (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 they are satisfied that in public interest it is necessary or expedient so to do.
6. (4) Upon the issue of an order under sub-section
7. (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, wheather before or after the issue of the order, by persons employed in any such service shall be illegal.

In the said Act, after section 3, the following new section shall be inserted, namely :- “3A.

Offence to be cognizable and non-bailable Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) , 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 , (2 of 1974) , all offences under this Act shall be tried in a summary way by any Judicial Magistrate of First Class and provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as maybe, apply to such trial. Provided that in a 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 this Act.

The provisions of this Act and of any notification order issued there under shall have effect notwithstanding anything inconsistent therewith in any law for the time being in force.

3A. Power to order persons engaged in certain employment to remain in specified areas Power to order persons engaged in certain employment to remain in specified areas.

1. (i) the Government or an officer authorized by it in this behalf, may, in respect of any employment or class of employment to which section 2A 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. (ii) An order made under sub-section

1. (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 the persons affected thereby.