REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section I PUBLISHED BY AUTHORITY No. 19] NEW DELHI, FRIDAY, JULY 1960/ASADHA 17, 1882 MINISTRY OF LAW (Legislative Department) THE ESSENTIAL SEVICES MAINTENANCE ORDINANCE, 1960 No. 1 OF 1960 Promulgated by the President in the Eleventh Year of the Republic of India.
An Ordinance to provide for the maintenance of certain essential services and the normal life of the community, . WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Essential Services Maintenance Ordinance, 1960.
Short title, extent and commencement.(2) It extends to the whole of India:
Provided that, it shall not apply to the State of Jammu and Kashmir except the extent which the provisions of this Ordinance relate to Union employees.
(3) It shall come into force at once.
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2. (1) In this Ordinance-Definitions.
(a) "essential service" means—
(i) any postal, telegraph or telephone service;
(ii) any railway service or any other transport service for the carriage of passengers or goods by land, water or air;
(iii) any service connected with the operation or maintenance of aerodromes, or with the operation, repair or maintenance of aircraft;
(iv) any service connected with the loading, unloading, movement or storage or GOODS in any port;
(v) any service connected with the clearance of goods or passengers through the customs or with the prevention of smugling
(vi) any service in any mint or security press;
(vii) any service in any establishment of the Government of India;
(viii) any service which the Central Government, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service or would result in the infliction of grave hardship on the community may, by notification in the Official Gazette, declare to be an essential service for the purposes of this Ordinance;
(b) "strike" means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of prisons who are or have been so employed 10 continue to work or to accept employment
(2) Every notification issued under sub-clause (viii) of clause (a) of sub-section (1) shall bo laid before each House of Parliament as soon as may be after it is made, and shall cease to operate at the expiration of forty days from the re-assembly of Parliament unless before the cxpiration of that period a resolution approving the issue OF the notification is passed by both houses or Parliament.
Explanation Where the Houses of Paliament are summoned to re-assemble on different dates, the period of forty days shall be reckoned from the later of those dates.
3i- (iy li the Central Government is satisfied tha* thtt nufalic mreresi. it is necessary or expectieav RTto do, It may, by geriprfll_or Hgyam araar, prohtttlt strikes in a.ax essential wevjfce" specified^*** the Order.
prohibit Birikes in employ ments.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 371
(2) An Order made under sub-section (1) 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 Tor any periffd flot exceeding six months if rt is satisfied that in the public interest it is necessary or expedient so tP do.
(4) Upon the issue of an Order under sub-sectipn (1),—
(a) no person employed in any essential service the Ureter"relates snail go or remain uu ^uiyc.,
(b) any strike declared or commenced, whether before er after the issue cf the Order, by persons employed in any such service shall be illegal.
4. Any person who commences a strike which is illegal under this Ordinance or goes or remains on, or 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 two hundred rupees, or with both.
Penalty for illegal BtriktB,
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 fo» instigation) etc.
6, 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 tot giving financial aid to illegal strike*.
7. Notwithstanding anything contained-in the GPCte Q£ Criminal procedure, rfftfl^any polic»»«fS<ier«may arrest without wan am. aixy pe«!son._who is reasonably suspQctecLaf iflsriniCeammitted* anv eS^nce.
under this UrUiia&ficep Power t« oui warrant 372 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
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 i\ of 1947.
other law for the time being in force.
Ordinance to override •ther laws, RAJENDRA PRASAD, President.
G. R. RAJAGOPAUL, Secy.
'̂ RDjV^LTF -THMW*M&<WU**V**t*- l/fANACMR. GOVERNMENT 0 F g 8 U J « < l NEW DBLHt AND PUBLISHED BY THE MANAGER OF j^pBUCATtffl^'HUHClOfO.