ESMA: Essential Services Maintenance Act (1981), what is ESMA GO 177 Act on Andhra Pradesh government employees
All the state government employees should go and say thanks to KCR & T-JACs for bringing them under ESMA. moral of the story is you stay away from bad guys if you want to avoid facing bad situations.
AP Government issued ESMA start with state Finance Department and this will be extended to all the other departments by 8th August as T-JAC called for strike on separate Telangana issue.
To cope up with the strike call given by state government employees of the Telangana region, the government has invoked ESMA (Essential Services Maintanance Act) and GO 177, which states the no work no pay rule.
In order to ensure that essential services are not affected because of the general strike, the state has invoked Esma in about 38 departments including health, GHMC and civic bodies, Hyderabad Water Board, various discoms and sanitation department. In a clever move, the state has also brought Singareni Collaries, which has about 70,000 employees, under Esma.
According to state government sources, despite the existence of GO 177 and Esma, many employees from Telangana are likely to abstain from work. “Our intention by invoking Esma and no work no pay rule is to ensure that a large number of employees are deterred from joining in the general strike as under Esma, the services of the abstaining employee can be terminated while GO 177 would ensure no pay if they do not come to work,” said a senior official.
Meanwhile, the State government directed all T district collectors to act firmly against the striking employees. It has advised the Collectors to send daily report to the Secretariat about who are participating in the protest programmes, who are leading the strike and who are obstructing the employees from attending duties. It has also suggested that the Collectors should not allow any protest programme in any government office and those who participate in “ata-pata” programmes also should be punished under the available mis-conduct rules.
ESMA: Essential Services Maintenance Act (1981)
The enactment of this law lists the following:
- Power to prohibit strikes in certain employments: If the Central Government is satisfied that in the public interest, it is necessary or expedient to do so. It may, by general or 67 special Order, prohibit strikes in any essential service specified in the Order.
- The order shall be published in such manners as the Central Government considers the best calculated manner to bring it to. The notice of the persons affected by the order.
- The order shall be in force for six months only, but the Central Government may (by a like order) extend it for any period, that does not exceed six months, if it is satisfied that in the public interest it is necessary or expedient to do so.
- Upon the issue of an Order: (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.
- Penalty for illegal strikes: Any person who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike shall be punishable by imprisonment for a term, which may extend to six months, by a fine (which may extend to two-hundred rupees) or both.
- Penalty for instigation, etc: 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 by imprisonment for a term which may extend to one year, a fine which may extend to one thousand rupees, or both.
- Penalty for giving financial aid to illegal strikes: 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, a fine which may extend to one thousand rupees, or both.
- Power to arrest without warrant: Power to arrest without warrant. Notwithstanding anything contained in the Code of Criminal Procedure of 1898 (5 of 1898), any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act.
- Act to override other laws: The provisions of this act and of any order issued thereunder, shall have effect notwithstanding anything inconsistent there with. 68 contained in the Industrial Disputes Act of 1947 (14 of 1947), or in any other law for the time being in force.
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