ESMA (India)

ESMA - Essential Service Maintenance Act(India) is an act to provide for the maintenance of certain essential services and the normal life of the community in India. It was enacted by the Indian Parliament in the nineteenth year of the Republic of India.

Basic points under the Act

The anctment of this law lists the following :

1. 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.

2. The order 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.

3. The order 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.

4. Upon the issue of an Order: (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 after the issue of the Order, by persons employed in any such service shall be illegal.

5. Penalty for illegal strikes: 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 imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

6. Penalty for instigation, etc: Any person who instigates, or incites other persons to take part in, or otherwise acts in 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 extend to one thousand rupees, or with both.

7. Penalty for giving financial aid to illegal strikes: Any person who knowingly expends or supplies any money in furtherance or support 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 extend to one thousand rupees, or with both.

8. Power to arrest without warrant: Power to arrest without warrant. Notwithstanding anything contained in the Code of Criminal Procedure, 1898,(5 of 1898), any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act.

9. Act to override other laws: The provisions of this Act and of any Order issued thereunder shall have effect notwithstanding anything inconsistent there with. 68 contained in the Industrial Disputes Act, 1947, (14 of 1947),or in any other law for the time being in force.

Instances when ESMA was invoked

Since its birth, ESMA has been invoked many times by the State governments as well as Central government in India.Few of the notable ones are :1) Delhi hospital strike incident in 2005 and 20072) All India airport strike by AAI employees in 2008.3) Kerala State Governmenet employees strike....and so on.

References

[http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080043788] [http://www.hindu.com/2008/03/14/stories/2008031460371200.htm] [http://timesofindia.indiatimes.com/articleshow/2593028.cms]