SIKKIM ESSENTIAL SERVICES MAINTENANCE ACT, 2000

Act No. 13 of 2000

17th April, 2000

An Act to provide for the maintenance of certain essential services and the normal life of the community state of Sikkim. Be it enacted by the Legislature of Sikkim in the Fifty-first Year of the Republic of India as follows:-

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S.1 Short title Extent and commencement

This Act may be called the Sikkim Essential Services Maintenance Act, 2000.

S.2 Section 2

In this Act, unless the context otherwise requires:-

• (a) "Essential Service" means-
  • (i) any service connected with the production, storage, supply or distribution, as the case may be, of gas or water;
  • (ii) any services connected with the maintenance of drainage, conservancy including scavenging, slaughter-houses, markets and all medical facilities provided by the State and transport service appurtenant to any such service:
  • (iii) any service connected in any establishment or undertaking dealing with the production, supply or distribution of electricity:
  • (iv) any service connected with the procurement, storage, distribution and supply of food and other essential commodities:
  • (v) any service connected with the maintenance of law and order in the State.
  • (vi) any service connected with education, teaching and administration and school, colleges and other establishments imparting education.
  • (vii) any
    

S.3 Power to prohibit Strikes in essential services

(1) If the State 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 essential service specified in the order.

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

(3) An order made under sub-section (1) shall be in force for six months only, but the Government may, by a like order, extend it for any period not exceeding six months if they are satisfied that in public interest 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 strike.
• (b) any strike declared or commenced, wheather before or after the issue of the order, by persons employed
  

S.4 Penalties

Any person who:-

• (a) Commences a strike which is illegal under this Act or goes or remains on or otherwise takes part in, any such strike, or
• (b) Instigates or incites other persons to take part in otherwise acts in furtherance of a strike which is illegal under this Act or
• (c) knowingly expends or supplies any money in furtherance or support of a strike which is illegal under the Act or
• (d) by the use office or show of force or otherwise, prevents any other persons employed in ay essential service, specified in the order issued under sub-section (1) of section 3, from performing his duties under such employment, shall be punished with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

S.5 Power to arrest Without warrant

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any Police Officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act.

S.6 Offence to be tried summarily

Notwithstanding anything contained in the code of Criminal Procedure, 1973, (2 of 1974), all offences under this Act shall be tried in a summary way by any Judicial Magistrate of First Class and provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as maybe, apply to such trial.

Provided that in a case of conviction for any offence in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this Act.

S.7 Act to override Other laws

The provisions of this Act and of any notification order issued there under shall have effect notwithstanding anything inconsistent therewith in any law for the time being in force. By Order of the Governor,