The Essential Defence Services Act, 2021

1. Short title, extent and commencement.--(1) This Act may be called the Essential Defence ServicesAct, 2021. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 30th day of June, 2021. (4) It shall cease to have effect on the expiry of one year from the date on which this Act receives theassent of the President except as respects things done or omitted to be done before such cesser of operationof this Act, and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser ofoperation of this Act as if it had then been repealed by a Central Act.

2. Definitions.(1) In this Act, unless the context otherwise requires, (a) “essential defence services” means (i) any service in any establishment or undertaking dealing with production of goods orequipment required for any purpose connected with defence; (ii) any service in any establishment of, or connected with, the armed forces of the Union or inany other establishment or installation connected with defence; (iii) any service in any section of any establishment connected with defence, on the working ofwhich the safety of such establishment or employee employed therein depends; (iv) any other service, as the Central Government may, by notification in the Official Gazette,declare to be essential defence services, the cessation of work of which would prejudicially affectthe (I) production of defence equipment or goods; or (II) operation or maintenance of any industrial establishment or unit engaged in productionof goods or equipment required for any purpose connected with defence; or (III) repair or maintenance of products connected with defence; (b) “strike” means the cessation of work, go-slow, sit down, stay-in, token strike, sympathetic strikeor mass casual leave, by a body of persons engaged in the essential defence services, acting incombination or a concerted refusal or a refusal under a common understanding of any number ofpersons who are or have been so engaged to continue to work or to accept employment, and includes-- (i) refusal to work overtime, where such work is necessary for the maintenance of the essentialdefence services; (ii) any other conduct which is likely to result in, or results in, cessation or retardation ordisruption of work in the essential defence services. (2) Words and expressions used herein and not defined but defined in the Industrial Disputes Act, 1947(14 of 1947), shall have the meanings respectively assigned to them in that Act.

3. Power to prohibit strikes in essential defence services.(1) If the Central Government is satisfiedthat in the (a) public interest; or (b) interest of the sovereignty and integrity of India; or (c) security of any State; or (d) public order; or (e) decency; or (f) morality, it is necessary or expedient so to do, it may, by general or special order, prohibit strikesin the essential defence services. (2) An order made under sub-section (1) shall be published in such manner as the Central Governmentmay deem fit to bring it to the notice of the persons affected by such order. (3) An order made under sub-section (1) shall be in force for six months, but the Central Governmentmay, by a like order, extend it for any period not exceeding six months, if it is satisfied that in the publicinterest it is necessary or expedient so to do. (4) Upon the issue of an order made under sub-section (1) (a) no person engaged in the essential defence services shall go or remain on strike; (b) any strike declared or commenced, whether before or after the issue of such order, by personsengaged or employed in such services shall be illegal.

4. Removal of persons.Where any order has been issued under sub-section (1) of section 3, anypolice officer may take all such measures as such officer may deem fit including the use of police force, ifhe considers necessary, to remove any person, whose presence in any area connected with the (a) defence equipment production services; orbr(b) operation or maintenance of any industrial establishment or unit engaged in production ormanufacturing of goods or equipment required for any purpose connected with defence; orbr(c) repair or maintenance of products connected with defence, would be prejudicial to thefunctioning, safety or maintenance of the essential defence services.br

5. Dismissal of employees participating in illegal strikes.(1) Any person (a) who commences a strike which is illegal under this Act or goes or remains on, otherwise takespart in, any such strike; or (b) who instigates or incites other persons to commence, or go or remain on, or otherwise take partin, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with thesame provisions as are applicable for the purpose of taking such disciplinary action (includingdismissal) on any other ground under the terms and conditions of service applicable to him in relationto his employment. (2) Notwithstanding anything contained in any other law for the time being in force or under the termsand conditions of service applicable to any person employed in the essential defence services, beforedismissing any person under sub-section (1), no inquiry shall be necessary if the authority empowered todismiss or remove such person is satisfied that for some reason, to be recorded by that authority in writing,it is not reasonably practicable to hold such inquiry.