Content Source: Wikipedia
In India, many acts are established by the Parliament of India. From among those acts, we are discussing ESMA in this article. So, let’s have a look at ESMA:
The Essential Services Maintenance Act (ESMA) is an act that was established by the Parliament of India to ensure the delivery of certain services. This Act is applicable whenever the normal life of the people is obstructed due to a halt/stop in services. Public transport (bus services), health services (doctors and hospital) etc. which affect the normal life of the people fall under this category.
- The ESMA is a central law
- It was made by the Parliament of India but the execution part of it mostly depends upon the State government
- Each state of India has a separate state Essential Service Maintenance Act with a slight difference from the Central government in its provision. This freedom is given by the central law itself
Although ESMA is a very powerful law, its execution rests entirely
on the discretion of the State government.
The law is less used in India, with many strikes by public transport people, doctors or government employees, being continued for weeks without ESMA being invoked by the Central Government or State government. There have been instances of citizens approaching the court to implement ESMA. The governments are forced by the court to declare ESMA over the strike and being called off overnight.
HISTORY of ESMA:
The ESMA Act, 1968 ACT NO. 59 OF 1968 came into force on 28th December. This act provides the maintenance of certain services and the normal life of the community. This Act came into shape in 1952, which came to replace the “Ordinance XI” of 1941.
This act also allows choosing the essential services on which to enforce ESMA and which not (except Jammu and Kashmir).
ESMA gives the right to police to arrest, without a warrant, the person who violates the Act’s provisions. Any person who commences a strike or takes part in any such strike shall be punishable with imprisonment for a term which may be extended to 6 months or with a fine which may extend to 200 rupees or both.
This Act Includes:
- Postal, telegraph or telephone services
- Railway services or any type of transportation service
- Any services related to the operation or maintenance of aerodromes
- Repairs of aircraft
- Any services related to loading unloading
- Any services related to clearance of goods/passengers through customs
- Any services related to the security of press
- Any services in defence established by the Government of India
- Any services which are provided by central or state government servants.
“Strike” means the refusal of work by a body of a person employed in
any essential services acting in combination or a concerted by
a number of people.
Power to prohibit strikes:
- Power to prohibit strikes in certain employments. If the central government is satisfied that in the public interest it is necessary or expedient so to do, it may by general or 67 special order, prohibit strikes in any essential service specified in the order.
- An order made under subsection (1) shall be published in such manner as the Central Government considers best calculated to bring it to, the notice of the persons affected by the order.
- An order made under subsection (1) shall be in force for six months only, but the Central Government may, by a like order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
- Upon the issue of an order under subsection (I),
- No person employed in any essential services to which the order relates shall go remain on strike:
- Any strike declared or commenced, whether before or after the issue of the order.
Act to override other laws:
The provisions of this act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith.
To maintain the 'legal terms' as it is, the author has chosen
not to alter the language of a large part of this article.
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