SIKKIM ESSENTIAL SERVICES MAINTENANCE ACT, 1993

Act No.9 of 1993

18th October, 1993

An Act to make provisions for the maintenance of certain essential services and the normal life of the community. WHEREAS it is expedient to make provisions for the maintenance of certain essential services and the normal life of the community. Be it enacted by the Legislature d Sikkim in the Forty-fourth Year of the Republic of India as follows:

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S.1

(1) This Act may be called the Sikkim Essential Services Maintenance Act, 1993,

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government may, by notification appoint.

(4) It shall remain in force for a period of four years from the date of its commencement:

Provided that the said period may be extended by the Government, by notification in the Official Gazette, for a period of two years not exceeding one year at a time.

S.2

In this Act, unless the context otherwise requires

• (1) "Essential service" means
  • (a) any service connected with the supply of water;
  • (b) any service connected with any department of the Staff Government or any local authority relating to procurement, storage, distribution and supply of food and other essential commodities;
  • (c) any service connected with the supply of electricity;
  • (d) any service connected with medical aid treatment or administration of hospitals and
  • (e) dispensaries and other similar establishments or institutions; any service connected with any department of the State Government or any
  • (h) any other service "Which the State Government, being of opinion that strikes therein would prejudicially effect the maintenance or 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 grav
    

S.3

(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 (I) 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 effected by the order.

(3) An order made under sub-section (1) shall be in force for six months only, but the State 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 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, whether before or after the issue 'of the order, by persons em
  

S.4

• (a) Any person who commences a strike which is illegal under this Act or goes or remains on, or
• (b) otherwise takes part in, any such strike, or who instigates or incites other persons to take part in or otherwise act s in furtherance of a strike which is illegal under this Act, or
• (c) who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under the Act, or
• (d) who by the use of force or show of force or otherwise, prevents any other persons employed in any 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 imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Any offence under this Act shall be .cognizable and non-bailable.

The provisions of this Act and of any order issued thereunder shall have effect notwithsta