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Section 4: Power to prohibit strike in certain employments.

The Maharashtra Essential Services Maintenance Act, 2023State Act of Maharashtra · Act 29 of 2023

(1) If the State Government is satisfied that in the public interest, it is necessary or expedient so to do, it may subject to the provisions of sub-section (5), by general or special order, prohibit strike in such essential service from such date as may be specified in the order.

(2) An order made under sub-section (1) shall be published in such manner, as the State 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, from the date specified therein, but the State Government may, by a like order published in like manner, and subject to the provisions of sub-section (5), extend it for a further 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) or sub-section (3),-

(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.

(5) No order under sub-section (1) or sub-section (3) shall be made in respect of-

(a) persons appointed to the secretarial staff of the Houses of the State Legislature, except at the request of the Chairman of the Legislative Council and the Speaker of the Legislative Assembly;

(@i/i@) officers and employees of the High Court, except at the request of the Chief Justice of the High Court.

Where this provision sits

ActThe Maharashtra Essential Services Maintenance Act, 2023
Section4
Marginal notePower to prohibit strike in certain employments.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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