The Essential Services Maintenance (Assam) Act, 1980
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## r·rhe ~-· Assam Gazette

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##### t em1EJR<1

EXTRAORD INARY

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PI~ . 39 f~~'1 ~ , "tr;nr~ . 19 \Sf""-~1~, 1980, 28 ~l~l<l, 1902 (ir:,<i•)

No. 39         - 1)j sp11r , Saturday , 19th July !980, 28th Asadba ,

1!102 (3. _!L)_

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&-...JVUNJVf~~N'f fW .~,s'~- l\ - ·

ORDERS · BY THE GOVERNOR

LEGISLA'li'IVE DEPARTMENT

###### r_ .... _.,.._

NOTIFICATION

The 18th J uly 19 8 0 ~

Ne.LGL.12/78/120 :- The following Act made by the Pr~si- .

cihmi and published in the Gazette of India Extraordin ary, Part II of
Seiltion I, dated 19 th J uly 1980 is republished for general info rmation.

U. TAHBILDAR,

Secretary ti) the Govt. of Assam ,

Legislative Department.

The Essential Services Parliament Act 19th July
Maintenance (Assam) No. 41 of 1980

Act1 1980.


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THE ESSENTIAL SER VICES ANCE (ASSAM) ACT, 1980

' .&

[Received t;, ~ t on ~~y, 1980.]

_to provide_ _for_ _th1_ Maintenanc~~ailJ _essential services anJ_ _th1_

_normal lffe_ _of_ _the community in Assam_

Be it enaiCJi tU e~ty~rst Year of the Re-

public of India as follows:-        -

Short title 1. (1) This Act ~.i--alled the Essen-
and extent. ,, **-1"'1?1Vm10°**
tial Services Maintenance (Assam) Act,

1980. **YRAVllQRQAr**

~!RI'
(2) It extends to the whole of the State

of Assam. YTVl0BTU~

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D efipi!fo.A.s • , F ~Hi 1 . ~n @i~ ~'it· unless the context

.cdhr ~ .:.Pt erw1 e reau1re .-

~ "' " "' " ~ '{~U t l

_ {a) "apprQ.prig,_te Government" means-

'
(i) in relation to any service connec-
###### ted with matters relatable to any of the
entries'enUmerated in List I in the Seventh
Sc1*9.9le to the Consrtitution, the Central

Government; .

(ii) in relation to any service connec-
###### ted wi[1]th matters relatable to any of the
entries enumerated in List II in the

         - r?.·1         - q Seventh Schedule to ithe Constitution, the

to _r_ State Government of Assam; and

_.!_

(iii) in relation to any service connec-

###### ted with matters relatable to any 9f the
entries enumerated in List III in the
###### Seventh Schedule to the Constirtution, the

/ Central Government and the State
Governmernt of Assam;
(b) "essential service" means-
(i) any postal, telegraph or telephone
service;


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(ii) any railway service or any other

-ft<lift§pOOB !SE!t~~re~l~r 'l: ~hg oi Wiffr~d~ of

I passengers Or goods by lan~~~'Peff Or air;
i

9rlt (4fi.Mwan~ 1 §t?M<ee reo'Yili~e~drrr wfth the

ILitra~lra#~ :t&i,6adl11grxWr~bcfil~; [1] '
9ffJ IO VJ!.6 11.f b9ft_b9q2 9'.)IV"J92 f:)

(iv) any service 2@6Hn~ct'i!R with the

, operation or mail),tenance, of aerodrqmes

rl~·wrnitPttm~ oqg~rh"fi&i, 'I:flepair or main-

1

j If@ffittU:es fff riHWWl:N: '.J"'

                -                 - L~,8 '3rlt lo v.Idm9~

                 - (v) any service connected with the

clearance of goods or passengers through

                   - the _customs or with the preven[1]tion of                    -

snniggling;

               - vi) any service in any establishment

of, or connected with the ·armed forces of
tlfe Union or in any oither establishments

              - r installations connected with defence;

###### .

(vii) any service in any secition of any
industrial establishment or undertaking,on
the working of which the safety of such
establishment or underitaking or the em-

'plbyees ~efnployed therein depends ;

(viii) any service in, or in coonection
with, the working of any undertaking

          - wned on controlled by the Government

being an undertaking engaged

###### in the purchase, procurement, stor-
age, supply or distribution of foodgrains ;

(rx) ·any service in any system of public

conservancy or sanitation ;

_(x) any service in connection with or in

relation to banking ;

('xi) any service in any establishment or
undertaking dealing with 1the production,

supply and distribution _of coal;

(xii) any service in any oilfield or re-

finery or jn any es'cablishment or u nder-
taking dealing with ithe production, supply


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-196 ·THE ASSAM GAZETTE, EXTRAORDINARY; JULY. .J9~ · 1SJ.,0. ,
###### --- -··- . - ·--_,.---~ . .

or distribution of petroleum and petro-
leum producits;

:...~ ~~ ~ ... ~:?:I.~:;T~·-· · 1

(xiii) any service in connection with the                 -

affairs of the Uni.on or [1]the State of Assam
not being a service specified in any of the

foregoing sub-clauses ;

(xiv) any other service connected with

matters with respeot to which Parliament
or the Legislative Assembly of the S·tate of
Assa1n has power t o make laws and which
the Central Government or [1]the Govern-
ment of Assam, as the case may be, being
of opinion thart strikes therein. would pre-
iudicially affect t he maintenance of any

public utility service, the public safety or
the maintenance of supplies and services
necessary for the life of the community
or wou]d r esu lt in the infiiction of ~rav(:')
hardship on the commu nity, :may, by n cti-
fication in the Official GazetLe, decla.re to

be an essenti CJ l service for the purpo::;es of
this Act ; ,. _1 ['']_ ['""'"~][-]

_(c)_ "strike" means the cessation of work

by a body of persons employed in any es-
sential service acting in combination or a
concerted refusal or a refusal under a

common understanding of any number of
persons who are or who have been so em-
ployed to contin ue to work or 1to accept

employment; and includes-

                     - (i) refus al to work overtime where such

work is necessary for the maintenance of

any essential service;

(ii) any other conduct which is likely

to result in, or results in, cessation or sub-
stantial retardation of work in any essen-
tial service.
(2) Every notification issued under sub-

dau~e (xiv) of Clause (b) of sub-section (1)

s11all be laid before each House of Parlia-
nieni immedia1 ely after it is made if it J.g


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. · ~ . .:.~_. - ~                          - . ,.__ _ : .. . -· _...,.-.-__. --------

##### in session and on the first day of the com-
mencement of the next session or the
House if i1t is not in session, and shall cease

              - o operate at the expiration of forty days
from [1]the date of its being so laid or from
the re-assembly of Parliament ·as the case
may be, unless before the expiration of
###### that period a resolution approving the

issue of the notification is passed by both
Houses of Parliament.

###### Explanation.-Where the Houses of

Parliament are summoned to re-assemble
on different dates, the period of forty days
shall be reckoned from the later of those

dates.

(3) Any rererence in this Act to any

law which is not in force in any area of

the State of Assam and to any authority
###### under sv.ch law $hall, in relation to that ate.a, ·be const rued ;:is a reference 1 o the

~ corresponding law in force in th at are a

and to the corresponding authority under

.such corresponding _law_              -

8
~;~~~~;~            - 3. ( 1) If the appropriate Government

strikes in ~er•is satisfied that in the public in t eres ~ i t is

tail!. eMpl•y· - d · J                  - b
mH.ts. necessary or expe 1ent so to no, it may, y
general or special Order, prohibit st rikes
ip t_he Sta 1te of Assam in any essenti.ci l ser-

yice specified in the Order.

              - (2) An Order made under sub-section

.(1) shall be published in such manner as

the appropriate Government considers

             - est calcul ated to b ring it t_o the notice _bf_
the persons affected by the Order.

(3) An Order made under sub-section

               - ·(1) shall be in force for six months only,

          - _but the approp riate Gover nm r-:nt m ay, by

                    - «i Jike Order extend it for any period not

exceeding six months if it is satisfied that

                   - . ·· in the public in <erest it is necessary or
expedient so_ to do.


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                                                                                                   -                                                                                                    - - ~..:-,;;_...~-.. ~ ":";;,7

(4) Upon the issue of an Order und~r .

sub-section (1),-
(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 afte·r •,the issue of the
Order, by persons emp~oyed in any such
service shall be illegal.

Dismissal of 4. Any person who commences a strike

employee !>a• h. h ·        - 1 1 d h. A .        -
rticip 3 ting in W lC lS l ega Un er t lS Ct. Ot goes Or

illegalstr·kes.remains on, or otherwise takes part in any

such strike shall be liable to disciplinary
ac'-ion (including dismissal) in · accor-
dance with the same provisions as · are

applicable for 1the purpose of taking such
disciplinary action (inclu<ling clismissal) on
any other ground under the ter-ms and

conditions of service applicable to him in
relation to his employment.

Penalty for 5. Any person who commences a strike
illegal strikes which is illegal under this Act, or goes or

remains on, or otherwise takes part in,
any such strike shall be punishable . with
imprisonment for a term which may ex-
tend 1to six months, or with fine which ni.ay

extend to one thousand rupees, · or witfi
both.

Penalty ior 6. Any person who instigates or incites
ins tigation

etc. other persons to take part in, or otherwise

acts Jn furtherance of, a strike which is
illegal under this Act shall be punishable
with imprisonment for a term which may
extend to one year, or with fine which
###### may exitend to two thousand ru13ees, or
with both.
###### -- . ' - -·- ·--·- ---- .
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Penalty for 7. Any person who knowingly exp~nds
giving finacia aid or supplies any money in furtherance or
tn illegal support of a strike which is ilJega] under
stri l, cs.

this Act shall be punishable with imndson·
###### ment for a term which may extend to one
year, or with fine which may extend ta
two thousand rupees, or wi[1]th both.


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Power to. h 8. Notwithstanding anything contained
arrest Wit           -           -           -           -
out warmit.m the Code of Cnmmal Procedure, 1973, 2 or 1974.

any police officer may arrest w~thout

###### warrant any person who is reasonably
suspected of having committed any offence
###### under 1this- Act.

Oft'cnccs t• 9. N otwithsta-nding anything contained

be tried

1111mmatily in the Code of Criminal Procedure, 1973, 2 of 1974,

all aff ences under               - his Act shall be tried
###### in a summary way by a Judicial Magis- trate of the first class specially empowered in this behalf by the appropriate Govern- ment and the provisions of Sections 262 to
265 (both inclusive) of the said Code shall,
as far as may be, appl'y to such trial:
Provided that in a case of conviction for
any offence in a summary trial under this
seotion, it shall be lawful for the Magis-
###### trate to pass a sentence of imprisonment
for any term for which such offence is
punishable under this Act.

Act to ever- 10. The provisions of this Act and of

ride ether
Jaw•. any Order issued thereunder shall have
effect notwithstanding any[1]thing inconsis-
###### tent therewith conitained in the Industrial
Disputes Act, 1947, or in any other law 14of 1947.
for the time being in force.

1t•~·1 and 11. (1) The Essential Services Main-

           - viag tenance (Assam) Ordinance, 1980, is here- · 2 or 1980.
###### by repealed.
(2) Notwithstanding such repeal, any-
thing done or any action taken under the
said Ordinance shall be deemed to have
been done or taken under this Act, as if
this Act had come into force on the 6th
###### day of April, 1980.

N. SANJIVA REDDY,
r'Y ~ ... ~_.,......-; _ _.... ___                               - -~ - President.

###### :-
R. V. S. PERI SASTRI,
Secy. to the Govt. of India.
###### ----·

GAUtlATI-Printed and published by the Supdt. i'c., Assam Govt. Printiag Press

(Ex-Gazette) No.79-906-25- 500-19-'.7-1880.

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