Full Text
8182 GI/202 4 (1)
EXTRAORDINARY
PART II —Section 3 —Sub-section ( ii)
PUBLISHED BY AUTHORITY
No. 5067 ] NEW DELHI, WEDNESDAY , DEC EMBER 18, 2024 /AGRAHAYANA 27, 194 6
CG-DL-E-18122024-259504
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 18th December , 2024
S.O. 5475 (E).— In exercise of the powers conferred by section 87 of the Punjab Reorgani sation Act, 1966
(31 of 1966), the Central Government hereby extends to the Union territory of Chandigarh, the Haryana Essential
Services Maintenance Act, 1974 (Haryana Act No. 40 of 1974), as in force in the State of Haryana on the date of
publication of this notification, subject to the following modifications, namely: -
MODIFICATIONS
In the Haryana Essential Services Maintenance Act, 1974, -
(a) in section 1, -
(i) in sub -section (1), after the figure “1974”, the words “as extended to the Union territory of
Chandigarh” shall be inserted;
(ii) in sub -section (2), for the words “State of Haryana”, the words “Union territory of Chandigarh”
shall be substituted;
(b) in section 2, in clause (b), for the words “Government of the State of Haryana”, the words “Administrator
of the Union territory of Chandigarh” shall be substituted;
(c) in section 10, for the words “State of Haryana”, the words “Union territory of Chandigarh” shall be
substituted.
[F. No. U- 11020/2/2017 -UTL ]
PRAVEEN KUMAR RAI , Jt. Secy.
ANNEXURE
PART I
LEGISLATIVE DEPARTMENT
NOTIFICATION
The 16th December, 1974
No. 46 -Leg/74. ̶ The following Act of the Legislature of the State of Haryana received the assent of the
Governor of Haryana on the 13th December, 1974 and is hereby published for general information: ̶
Haryana Act No. 40 of 1974
THE HARYANA ESSENTIAL SERVICES MAINTENANCE ACT 1974
AN
ACT
to provide for the maintenance of essential services in the State of Haryana
and for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the Twenty -fifth Year of the Republic of India as follows: -
1. (1) This Act may be called the Haryana Essential Services Maintenance Act, 1974.
(2) It extends to the whole of the State of Haryana.
Short title and
extent.
2. In this Act, unless the context otherwise requires, —
(a) "employment" includes employment of any nature whether paid
or unpaid ;
(b) "Government" means the Government of the State of Haryana ;
(c) "prescribed" m eans prescribed by rules made under this Act.
(d) “strike” means the cessation of work by a body of persons employed in any employment
or class of employment to which this Act applies, acting in combination, or a concerted
refusal, or a refusal under a com mon understanding, of any number of persons, who are or
have been so employed to continue to work or to accept employment, and includes — Definitions
(i) mass casual leave in pursuance of a common understanding among the persons
who avail themselves of such leave, or under the direction of any other
person or persons;
(ii) refusal to work overtime where such work is necessary for the maintenance of
work in any employment to which this Act applies; or
(iii) any other conduct which is likely to result in, or results in, cessation or
substantial retardation of work in any employment to which this Act applies.
3. This Act shall apply —
(i) to all employment under the Government;
(ii) to any other employment or class of employment which the Government, being of the
opinion that such employment or class of employment is essential for securing the
public safety, the maintenance of public order, health or sanitation, or for maintaining
supplies o r services necessary for the life of the community, may, by notification,
declare.
Employment to
which Act applies.
4. (1) The Government or an officer authorised by it in this behalf may, in respect of any
employment or class of employment to which sect ion 3 applies, by general or special order,
direct that any person or persons engaged in such employment shall not depart out of such
area or areas as may be specified in such order.
(2) An order made under sub -section (1) shall be published in such manne r as the
Government or the officer making the order considers fit to bring it to the notice of the
persons affected thereby.
4A. (1) If the Government is satisfied that in the public interest it is necessary or expedient
so to do, it may by general or special order, prohibit strikes in any employment or class of
employment to which this Act applies.
(2) An order made under sub -section (1) shall be published in such manner as the
Government considers sufficient to bring it to the notice of the persons affected by the order
and shall remain in force for a period of six months:
Provided that the Government may by a like order exte nd 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.
(3) Upon the issue of the order under sub -section (1), -
(a) no person employed in any employment or class of employment to which this Act
applies and to whom the order relates shall go, or remain on strike; and
(b) any strike declared or commenced, whether before or after the issue of the order persons
employed in any such employment shall be illegal.
Power to o rder
persons engaged in
certain
employment to
remain in specified
areas.
Power t o prohibit
strike
5. (1) Any person engaged in any employment or class of employment to which this Act
applies, who —
(a) disobeys any lawful order given to him in the course of such employment ;
(b) without reasonable excuse abandons such employment or absents himself from work ; or
(c) departs from any area specified in an order made under sub -section (1) of section 4
without the consent of the authority making the order;
(d) himself takes part in instigates or incites other person to take part in, or otherwise acts in
furtherance of, any illegal strike; or
(e) knowingly expends or supplies any money in furtherance or support of any illegal strike;
shall be guilty of an offence under this Act.
Explanation 1.—The fact that a person apprehends that by continuing in his employment he Offences.
will be exposed to increased physical danger is not a reasonable excuse within the meaning
of clause (b).
Explanation 2.—A perso n abandons his employment within the meaning of clause (b) who,
notwithstanding that it is an express or implied term of his contract of employment that he
may get his employment terminated on giving notice to his employer of his intention to do
so, abando ns his employment without the previous consent of his employer.
(2) Any employer of a person engaged in an employment or class of employment declared
under section 3 to be an employment to which this Act applies, who without reasonable
cause —
(a) disconti nues the employment of such person; or
(b) by closing an establishment in which such person is engaged causes the discontinuance
of his employment;
shall be guilty of an offence under this Act.
6. (1) The Government may make rules regulating or empowering
a specified authority to regulate wages and other conditions of service of persons or any
class of persons engaged in any employment or class of employment declared as such under
section 3.
(2) When any such rules have been made o r when any directions regulat ing wages or
conditions of service have been given by an authority empowered by such rules to give such
directions, any person failing to comply with them shall be guilty of an offence under this
Act.
Regulation of
wages and
conditions of
service.
7. (1) Any person found guilty of an offence under this Act shall, on conviction, be
punishable with imprisonment for a term which may extend to three years and shall also be
liable to fine.
(2) Where an offence under this Act has been committed by a company, every person
incharge of, or responsible to, the company for the conduct of its business at the time of the
commission of the offence shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall render any such person liable to
any punishment if he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of su ch offence.
(3) Notwithstanding anything contained in sub -section (2), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or that the commission of the of fence is attributable to any
neglect on the part of, a director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be proceeded against and punished
accordingly.
Explanation. —For the purposes of this section, —
(a) "company" means any body corporate, and includes a firm or other
association of individuals ; and
(b) "director" in relation to a firm means a partner in the firm.
(4) The offences under this Act shall be cognizable and non -bailable.
(5) Any magistrate or bench of magistrates empowered for the time being to try in a
summary manner the offences specified in sub -section (1) of section 260 of the Code of
Criminal Procedure , 1973, may, if such magistrate or bench of magistrates think(s) fit, on an
application made, in this behalf, by the com plainant, try any offence under this Act in
accordance with the provisions contained in sections 262 to 265 of the said Code.
Penaltie s and
procedure.
8. No suit, prosecution or other legal proceedings shall lie against any person for anything
which is in good faith done or intended to be done under this Act or the rules made
thereunder.
Indemnity
9. Any declaration, order, rule or regulation made and any direction given under this Act
shall have effect notwithstanding anything contained in any other law for the time being in
force. Over -riding effect
of orders, rules,
etc. made under
the Act.
10. The East Punjab Essential Services (Maintenance) Act, 1947 (East Punjab Act 13 of
1947), in its application to the State of Haryana, is hereby repealed.
Repeal.
A. N. AGGARWAL,
Under Secretary to Government, Haryana,
Legislative Department
Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064
and Published by the Controller of Publications, Delhi -110054.
Login to read full text