Tamil nadu act 036 of 2002 : Tamil Nadu Essential Services Maintenance Act, 2002

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Essential Services Maintenance Act, 2002.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force at once.

Section 2. Definitions

2. Definitions.- (1) In this Act, unless the context otherwise requires,-

(a) "essential service" means-

(i) any service connected with the supply of water or electricity;

(ii) any transport service for the carriage of passengers or goods by motor vehicles;

Explanation.- For the purpose of this sub-clause and sub-clause (iii), the expression "motor vehicle" shall have the same meaning assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (??? Act ??? of 1988);

(iii) any service connected with workshop for the maintenance or repair of the motor vehicles of any transport service referred to in sub-clause (ii);

(iv) any service connected with public health and sanitation, including hospitals and dispensaries and public conservancy:

(v) any service connected with a Municipal Corporation, Municipal Council or other Local Authorities;

(vi) any Fire Brigade Service;

(vii) any public services and posts in connection with the affairs of the State, and also persons appointed to the Secretarial staff of the State Legislative Assembly and the officers and servants of the High Court;

(viii) any other service or employment or class thereof connected with any matter with respect to which the State Legislature has power to make laws under List-II in the Seventh Schedule to the Constitution and which the Government, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community, may, by notification, declare to be an essential service for the purpose of this Act;

(b) "Government" means the State Government;

(c) "strike" means the cessation of work by a body of persons while employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept work assigned, and includes

(i) refusal to work overtime where such work is necessary for the maintenance of any essential service;

(ii) any other concoct which is likely to result in, or results in cessation or substantial retaliation of work in any essential service.

(2)(a) Every notification issued under sub-clause (viii) of clause (a) of sub-section (1) shall be placed on the Table of the State Legislative Assembly immediately after it is made, if the Assembly is in session, and on the first day of the next session of the Assembly, if it is not in session, and shall cease to operate at the expiration of forty days from the date of its being so placed or from the re-assembly of the Assembly, as the case may be, unless before the expiration of that period, a resolution approving the issue of the notification is passed by the Assembly;

(b) Where any notification ceases to operate by or under this sub-section, the cesser shall be without prejudice to anything done or omitted to be done before such cesser.

Section 3. Power to prohibit strikes in certain essential services

3. Power to prohibit strikes in certain essential services.- (1) If the Government are satisfied that in the public interest or in the interest of the public order, it is necessary or expedient so to do, they may, by general or special order, prohibit strikes in such essential service and from such date as may be specified in the order.

(2) An order made under sub-section (1) shall be published in such manner as the Government consider best calculated to bring it to the notice of the persons affected by the order.

(3) ??? from the date it comes into operation, but the Government ??? in the like manner, extend it for any period not exceeding three months, if they are satisfied that in the public interest or in the interest of the public order, it is necessary or expedient so to do.

(4) Upon the issue of an order under sub-section (1)-

(a) no person employed in any essential service to which the order relates shall go or remain on, or otherwise take part in, 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) Any order made under sub-section (1) or sub-section (3) may, at any time be rescinded by the Government by a like order, but such rescission shall not affect the previous operation of anything duly done or suffered thereunder, and shall not affect any obligation or liability accrued or incurred, or any penalty or punishment incurred in respect of any offence committed against this Act before such rescission.

(6) No order under sub-section (1), sub-section (3) or sub-section (5) shall be made in respect of-

(a) the persons appointed to the Secretarial staff of the State Legislative Assembly, except at the request of the Speaker of the Legislative Assembly;

(b) the officers and servants of the High Court, except at the request of the Chief Justice of the High Court.

Section 4. Penalty for illegal strike

4. Penalty for illegal strike.- Any person who commences a strike which is illegal under this Act goes or remains on, or otherwise takes part in, any such strike, shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

Section 5. Penalty for instigation, etc.

5. 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, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

Section 6. Penalty for giving financial aid to illegal strike

6. Penalty for giving financial aid to illegal strike.- Any person who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

Section 7. Action under section 4, 5 or 6 in addition to other disciplinary action

7. Action under section 4, 5 or 6 in addition to other disciplinary action.- Any action taken against any person under sections 4, 5 or 6 shall not affect, and shall be in addition to, any other action of a disciplinary nature or any consequence which may ensue, and to which the person may be liable, by or under the terms and conditions of his service or employment.

Section 8. Act to override, other laws

8. Act to override, other laws.- The provisions of this Act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.