The Essential Services Maintenance (Assam) Act, 1980

(1) This Act may be called the Essential Services Maintenance(Assam) Act, 1980. (2) It extends to the whole of the State of Assam.

(1) In this Act, unless the context otherwise requires,-- 1[***] 2[(b) "essential service" means-- (i) any transport services for the carriage of passengers or goods, by land or water withrespect to which the Legislative Assembly of the State of Assam has power to make laws; (ii) any service connected with the production, storage, supply or distribution, as the case maybe, of gas or water; (iii) any service connected with the maintenance of public health and sanitation, includinghospitals and dispensaries; (iv) any public services and posts in connection with the affairs of the State, and also personsappointed to the secretarial staff of the Legislative Assembly of the State of Assam; (v) any other service or employment or class thereof, connected with matters with respect towhich the Legislative Assembly of the State of Assam has power to make laws and which theState Government, being of opinion that strikes therein would prejudicially affect themaintenance of any public utility service, the public safety or the maintenance of the supplies andservices necessary for the life of the community or would result in the infliction of grave hardshipon the community, may, by notification in the official gazette, declare to be an essential servicefor the purpose of this Act; (bb) 'State Government' means the State Government of Assam;] (c) "strike" means the cessation of work by a body of persons employed in any essential serviceacting in combination or a concerted refusal or a refusal under a common understanding of anynumber of persons who are or who have been so employed to continue to work or to acceptemployment, and includes-- (i) refusal to work overtime where such work is necessary for the maintenance of anyessential service; (ii) any other conduct which is likely to result in, or results ill, cessation or substantialretardation of work in any essential service. (2) Every notification issued 3[under sub-clause (v)] of clause (6) of sub-section (1) shall be laidbefore each House of Parliament immediately after it is made if it is in session and on the first day of thecommencement of the next session of the House if it is not in session, and shall cease to operate at theexpiration of forty days from the date of its being so laid or from the re-assembly of Parliament, as thecase may be, unless before the expiration of that period a resolution approving the issue of the notificationis passed by both Houses of Parliament. Explanation.-- Where the Houses of Parliament are summoned to re- assemble on different dates, theperiod of forty days shall be reckoned from the later of those dates. (3) Any reference in this Act to any law which is not in force in any area of the State of Assam and toany authority under such law shall, in relation to that area, be construed as a reference to thecorresponding law in force in that area and to the corresponding authority under such corresponding law.

(1) If the 1[State Government] is satisfiedthat in the public interest it is necessary or expedient so to do, it may, by general or special Order, prohibitstrikes in the State of Assam in any essential service specified in the Order. (2) An Order made under sub-section (1) shall be published in such manner as the 1[StateGovernment] 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 1[StateGovernment] may, by a like Order, extend it for any period not exceeding six months if it is satisfied thatin the public interest it is necessary or expedient so to do. (4) Upon the issue of an Order under sub-section (1), -- (a) no person employed in any essential service to which the Order relates shall go or remain onstrike; (b) any strike declared or commenced, whether before or after the issue of the Order, by personsemployed in any such service shall be illegal.

Any person who commences a strikewhich is illegal under this Act, or goes or remains on, or otherwise takes part in, any such strike, shall beliable to disciplinary action (including dismissal) in accordance with the same pro-visions as areapplicable for the purpose of taking such disciplinary action (including dismissal) on any other groundunder the terms and conditions of service applicable to him in relation to his employment.

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 with imprisonmentfor a term which may extend to six months, or with fine which may extend to one thousand rupees, orwith both.