The Essential Services Maintenance Act (ESMA) of 1968 is a crucial legislative measure enacted by the Indian government to ensure the uninterrupted provision of essential services necessary for maintaining normalcy in society. This article provides an overview of the act, highlighting its key provisions and the impact it has on various sectors.

Overview of the Essential Services Maintenance Act, 1968

The Essential Services Maintenance Act, 1968 (ESMA), was introduced to maintain essential services and ensure the smooth functioning of the community. It empowers the government to prohibit strikes in critical sectors and enforce penalties for non-compliance. The act extends to the entire country, with specific provisions regarding its application to the state of Jammu and Kashmir.

Key Provisions of the Act

1. Short Title, Extent, and Duration

• Short Title: This legislation is officially titled the Essential Services Maintenance Act, 1968.
• Extent: It applies across India, with limited application in Jammu and Kashmir.
• Duration: The act was initially set to remain in effect for three years from its commencement date, December 28, 1968.

2. Definitions

The act defines essential services and the concept of a strike:

• Essential Services: These include postal, telegraph, and telephone services; railway and other transportation services; aerodrome operations; port services; customs clearance; services in mints or security presses; defense establishments; and any other services deemed essential by the central government.
• Strike: The act defines a strike as any concerted cessation of work by employees in essential services, including refusal to work overtime when necessary.

3. Power to Prohibit Strikes

The central government holds the authority to prohibit strikes in essential services if it deems them contrary to public interest. Such orders are valid for six months and can be extended for additional six-month periods as needed.

Enforcement and Penalties

4. Penalty for Illegal Strikes

Engaging in illegal strikes can lead to imprisonment for up to six months, a fine of up to 200 rupees, or both. This provision ensures that essential services remain uninterrupted.

5. Penalty for Instigation

Instigating or inciting others to participate in illegal strikes is punishable by up to one year of imprisonment, a fine up to 1,000 rupees, or both.

6. Financial Support to Illegal Strikes

Providing financial aid for illegal strikes also incurs penalties, including up to one year of imprisonment and fines up to 1,000 rupees.

7. Arrest Without Warrant

Under ESMA, police officers can arrest individuals suspected of committing offenses related to the act without a warrant, ensuring prompt enforcement.

Legal Precedence and Repeal

8. Act to Override Other Laws

The provisions of ESMA take precedence over conflicting laws, including the Industrial Disputes Act, 1947, ensuring the primacy of maintaining essential services.

9. Repeal and Saving

ESMA repealed the Essential Services Maintenance Ordinance, 1968, while retaining any actions taken under the ordinance, thus ensuring continuity of legal measures from September 13, 1968.

Impact on Essential Services

The Essential Services Maintenance Act, 1968, plays a pivotal role in maintaining public order and safety by ensuring that critical services remain functional. This act has significant implications for various sectors:

• Communication: Postal and telecommunication services are critical for everyday functioning and emergency communication.
• Transportation: Railway and other transport services are vital for the movement of goods and passengers.
• Defense and Security: Services in defense establishments and customs are crucial for national security.
• Economic Stability: Operations in mints and security presses are essential for the financial stability of the country.