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Section 3

Essential Services Maintenance Ordinance, 1957Ordinance · 1957

(1) If the Central 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 anv essential service specified In the Order.

(2) An Order made under sub-section (!) shall be published in such manner as the Central 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 Central 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.

(SlEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 297

(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;

(6) any strike declared or commenced, whether before or after the Issue of the Order, by persons employed in any such service shall be illegal.

4. Any person who commences a strike or remains or otherwise takes part in a strike which is illegal under this Ordinance shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.

Penalty for illegal strikes.

5. 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 Ordinance shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

Penalty for instigations etc.

fi. Any person who knowingly expends or supplies any money;

In furtherance or support of a strike which is illegal under this Ordinance shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

Penalty for giving financial aid to illegal strikes.

5 of 1898,

7. Notwithstanding anything contained in the Code of Criminal j Procedure, 1898, any police officer may arrest without warrant any < person who is reasonably suspected of having committed any offence under this Ordinance.

Power to arrest without warrant.

14 of 1947

8. The provisions of this Ordinance 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.

Ordinance to override other laws.

RAJENDRA PRASAD, President.

G. R. RAJAGOPAUL, Addl. Secy, to the Govt, of India.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED py THE MilNAf-ER OP PUBLICATIONS, DELHI, 1957

Where this provision sits

ActEssential Services Maintenance Ordinance, 1957
Section3
StatusIn force as published by the source

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