Extension of the Haryana Essential Services Maintenance Act, 1974 to Delhi Dt. 30.07.1993

EXTRAORDINARY PUBLISHED BY AUTHORITY No, 257] NEW DELHI, FEIDAY, JULY 30? 1993/SRAVANA 8, 1915 2. arrcr 1 *r,— 5 711 GI/93 (1) A ffS mx m% srfkfop? ; > sS mr% 1 3 . . • o ^ - m • • . - ..... r;J- I'M.1 <i> <TX:- 5flT t; ^ | f 11 ^37 t , THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II—SEC. 3 (i)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 30th July, 1993 G.S.R. 526(E).—In. exercise of the powers confer­ red by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the National Capital Territory of Delhi, the Haryana Essential Services Maintenance Act, 1974 (Haryana Act 40 of 1974), as in force in the State of Haryana, at the date of this notification, sub­ ject to the following modifications, namely :— MODIFICATION 1. Through-out the Act, (a) for the word "Government", wherever it occurs, the word "Administrator" shall be substituted and there shall also be made in any sentence in which thai word occurs such changes as the rales of grammar require: (4) W- srfirffcm. % r 3 W ftm ^ m (b) for the words "this Act" wherever- they occur, C iTH^n the words "this Act as extended to the National Capital Territory of Ddhr5 shall be substituted. -V.. ^2./In section i,--- . • - (a) foi1 sub-section (2), the following' sub-section .shall be substituted, namely:— "(2) It extends to the whole of the National Capital Territory of Delhi". 3. In section 2, clause (b) shall be omitted: and clause (a) shall be reletfered as clause (b), and be­ fore the clause (b) as so relettered, the following clause shall be inserted, namely :— "(a) "Administrator" means the Administrator of the National Capital Territory of Delhi appointed by the President under article 239 of the Constitution." ' ANNEXURE ' ' . THE HARYANA ESSENTIAL SERVICES MAIN­ TENANCE ACT. 1974 (Haryana Act No. 40 of 1974) As extended to the National CapitarTerritofy of Delhi AN ACT to provide for the maintenance of essential services; in the State of Haryana arid for maKer." connected therewith or incidental thereto. Be it enacted by the Legislature of the State pi- Haryana in the Twenty-fifth year of the Republic of India as 'follows :— .-Jk- 1. Short title and extent.-(l) This Act may be called the Haryana Essential Services Maintenance Act, 1'974, as extended to the. National Capital Territory of Delhi;; (2) It extends to the whole of the National Capitai Territory of Delhi. 2. In .this Act as extended to the National Capital Territory of Delhi, unless the context otherwise re­ quires:— (a) "Administrator", means the Administrator of the- National Capital Territory of Delhi." appointed by the President under article 239 of. the Constitution; , .' (b) "employment" includes employment of 'any nature whether paid or unpaid; (c) "prescribed" means prescribed by rules made under this Act as extended, to the National Capital Territory of Delhi; ' (d) "strike" means the cessation of work by a body'of persons employed iri'any-employ­ ment or class of employment to.;which this Act as extended to the National Capital - Territory of Delhi applies acting- in combi­ nation, 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 employment, and includes— (i) (mass casual leave in pursuance of a com­ mon understanding among the persons who avail themselves of such leave, or under the direction of any other person or persons; (ii) refusal to: work overtime where such work 'is necessary for the fnainteriarice of work in any employment to which this Act as extended to the National Capital Territory of Delhi applies: or (iii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any employment to which this Act as extended to. the National Capital Territory of Delhi applies. • 3. Employment to which ..Act applies.—This Act, as extended to the National Capital Territory of Delhi, shall apply— (i) to all employment' under the Admimstraroi, (ii) to any other employment or class of employ­ ment which the Adminisrator being of the opinion that such employment or class-of employment is essential for. securing the public", safety, the maintenance of public order, health or sanitation, or for' maintain­ ing supplies or services necessary for life of the community, may, by notification, declare. 4. Power to order persons engaged in certain em­ ployment to remain in specified areas.—(II The Administrator or an Officer authorised by him in this behalf may, in respect of any employment or class of employment to which section 3 applies, by general or special order, direct that any person or persons! en­ gaged in such employment shall not depart out of such area Or areas as may be specified in such order.. (2) An order made under sub-section (1) shall be published in such manner as the Administrator or the officer.rnaking the order considers fit to bring it to; the notice of the persons affected thereby. 4A. Power to prohibit strike;— (1) If the Adminis­ trator is satisfied that in the public interest it is neces­ sary or expedient-so to do, he may,-iby general or special order, prohibit strikes: in any "employment or class of employment to which this Act as extended to the National Capital Territory of Delhi applies. (2). An order made under sub-section (1) shall ,bs: published in such manner as the Administrator consi­ ders sufficient to bring it to the notice of the persons affected by the order and shall remain in force for a period of six months: Provided thai the Administrator may, by a like erder, extend it for say period not exceeding six months, if he is satisfied that in the public interest it is necessary or expedient so to do. THE GAZETTE OF INDIA : -EXTRAORDINARY [PART II-—SEC. 3(i)j • (3) .Upon tbe issue of the .order under subjection ' (a) no- person employed-an any employment or class of employment to which this Act, as extended to the National Capital Territory o'f Delhi, applies and "to whom the order relates shall go, or remain on stride; and • (b) any strike declared or commenced,.whether before or after the issue of -the order, by persons employed in any.such employment, shall. be illegal. 5. Offences.—(1) Any person "engaged in any em­ ployment or class o'f .employment to which this Act, as extended to the National Capital Territory of Delhi applies, who— (a) disobeys any lawful order, given to him in the course of such employment: - (b) without reasonable - excuse abandons such employment or absents himself from work; (c) departs from any area specified in an order made under sub-section (1) of section 4 without the consent .of the authority mak­ ing .the ci'derv (d) himself takes part in; instigates, or incites other persons to take part in, or otherwise acts in furtherance of, any illegal strike; or (e) knowingly" expends or supplies any "monev in furtherance or support of any illegal strike; shall be guilty of an offence under this Act, as extended to the National Capital Territory of Delhi. Explanation 1.—The.fact that a person appre­ hends- that by continuing in his; employment he will' be expose^ to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.—A person abandons his employ­ ment within the meaning of clause (b) who, notwith­ standing that it is an express or implied term of his contract of employment-that he may get his employ­ ment terminated on "piving notice to-frs -employer. )f his intention to do so, abandons his employment without the -.previous consent of- his employer. (2) Any employer of a person engaged in an emp­ loyment or class of employment declared ,under sec­ tion. 3 to be .-an employment to which this Act as extended to the National Capital Territory of Delhi," applies,, who without reasonable cause— •;.--. fa) discontinues the employment of such person; or (H) by closing an establishment in' which" such person is engaged, causes the discontinuance of his" employment,'' shall be guilty of an offence under this Act as extended to the National Capital. Territory of Delhi, "",'_. 6. Regulation of wages and conditions.of ser>/iee.̂ —i (1) The Administrator may make rules regulating or empowering a specified authority to regulate wages ami other1 conditions of service of persons or any class of persons engaged in any employment or class of employment declared as-' such under section 3. (2). When any such rules have been made cr when any- direction's .regulating ..- wages or ' conditions of service have been given by an.authority .empowered by such rules to give such directions,, any "persons fail­ ing to comply with them shall be guilty of an offence under this Act as extended: to the- National Capital Territory of Delhi. 7. Penalties and Procedure.—(1) Any person found guilty of an offence under this Act, as extended to the National Capital Territory of Delhi; shall".on conviction,-' be punishable with. imprisohment:for a term which may extended to three year's and shall also be liable to fine. (2) Where an offence under this Act as extended to the National Capital-Territory of Delhi, has been committed.'..by,a' company, every,person incharge of, or responsible to, the company for the conduct of its business at the time of the commission Gf the offence shall be. liable to be proceeded against and punished accordingly.. : Provided that nothing contained in this sub­ section shall render any .such person liable to; any punishment' if he proves that - the offence was committed without his know­ ledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub­ section (2), where an offence under this Act as extended to the National Capital Territory of Delhi has been committed by a company and % is proved that the offence has been committed with the con­ sent or. connivance of, or that the commission of the offence, is attributable to.any neglect on the pari of, a director^ manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be proceeded against and punished accordingly,. Explanation.—For the purposes of this section.,— ' -(a) "company" means any body corporate, and includes a firm or other association of indi­ viduals; and (b) "direetor": in • relation to a firm means a •' ' 'partner in the firm. 4. The^offences under this Aet, as--extended to the National Capital Territory of Delhi, ^hail be cogniz­ able- and- non-bailable. - : A) V 1 "XSy Any magistrate or bench of magistrates em­ powered for the time being to try in a summary manner the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1973, may, if such magistrate or bench of magis­ trates fhink (s) fit, on an application made, in '.his behalf, by the complainant, try any offence under this Act, as extended to the National Capital Terri­ tory of Delhi in accordance with the provisions con­ tained in section 262 to 265 of the said Code. 8. Indemnity.—No suit, prosecution or other legal proceedings shall iie against any person for anything which is in good faith done or intended to be done under this Act as extended to the National Capital Territory of Delhi or the rules made there­ 9. Overriding effect of orders, rules, etc. made under the Act.-—Any declaration, order, rule or regu­ lation made and any direction given under this Act as extended to the National Capital Territory of Delhi shall have effect notwithstanding anything contained in any other law for the time being in force. . ..-s»«»* "aad Published by the Controller of Publications, Delhi-i 10054, 1993