What is Essential Service Maintenance Act (ESMA) act? How it Works? Basic points under the ESMA Act, Instances when ESMA was invoked
Essential Service Maintenance Act (ESMA) is an act to provide for the maintenance of certain essential services and the normal life of the community in India. It was enacted by the Indian Parliament in the nineteenth year of the Republic of India.
Basic points under the Act
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.
Instances when ESMA was invoked
Since its birth, ESMA has been invoked many times by the State governments, as well as Central government in India.
Some of the notable ones are the Delhi hospital strike incident in 2005 and 2007, the All India airport strike by AAI employees in 2008, the Kerala State Governmenet employees strike, the ESMA Against Truckers Strike by many states in 2009 and the ESMA against Oil Companies’ employees, which highly affected oil and gas supplies all over the country (9th Jan 2009).
Many top officials have also been suspended under this act.
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Category: Services
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