KARNATAKA ESSENTIAL SERVICES MAINTENANCE ACT, 1994
(1) This Act may be called the Karnataka Essential Services Maintenance Act, 1994.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force at once, and remain in force for a period of ten years.
(1) In this Act, unless the context otherwise requires.-
(a) "Essential Service" means.-
(i) any service connected with production, generation, storage, transmission, supply or distribution, as the case may be, of water or electricity;
(ii) any transport service for the carriage of passengers or goods by motor vehicles;
Explanation.-For the purpose of this clause, the expression "motor vehicle" shall have the meaning assigned to it in clause (28) of Section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988).
(iii) any other service or employment or class thereof connected with any matter with respect to which the State Legislature has power to make
(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 refusal to work in such essential services 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) An order made under sub-section (1) shall be in force for one year only from the date it comes into operation, but the Government may, by a like order, published in the like manner, extend it for any period not exceeding six months, if they are satisfied that in the public interest
Any person who, without reasonable excuse, refuses or continues to refuse to work in any essential service, such refusal being illegal under this Act shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Any person who instigates, or incites any other person to take part in, or otherwise acts in furtherance of, refusal to work in any essential service, such refusal being illegal under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Any person who knowingly expends or supplies any money in furtherance or support of refusal to work in any essential service such refusal being illegal under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
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.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence against this Act.
The provisions of this Act and or any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.