#THE ESSENTIAL DEFENCE SERVICES ACT, 2021 
_____________ 

##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 
3. Power to prohibit strikes in essential defence services. 
4. Removal of persons. 
5. Dismissal of employees participating in illegal strikes. 
6. Penalty for illegal strikes. 
7. Penalty for instigation, etc. 
8. Penalty for giving financial aid to illegal strikes. 
9. Power to prohibit lockouts in any industrial establishment or unit engaged in essential defence 
services. 
10. Power to prohibit layoff in any industrial establishment or unit engaged in essential defence 
services. 
11. Power to arrest without warrant. 
12. Offences to be tried summarily. 
13. Cognizance of offences. 
14. Reference of other laws in certain areas. 
15. Protection of action taken in good faith. 
16. Act to override other laws. 
17. Amendment of Act 14 of 1947. 
18. Laying of notifications before Parliament. 
19. Repeal and savings. 


 
 
 
#THE ESSENTIAL DEFENCE SERVICES ACT, 2021 

##ACT NO. 25 OF 2021 

[11th August, 2021.] 

An Act to provide for the maintenance of essential defence services so as to secure the security of 
nation  and  the  life  and  property  of  public  at  large  and  for  matters  connected  therewith  or 
incidental thereto. 

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows: — 

1. **Short title, extent and commencement.**—(1) This Act may be called the Essential Defence Services 
Act, 2021. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force on the 30th day of June, 2021. 

(4) It shall cease to have effect on the expiry of one year from the date on which this Act receives the 
assent of the President except as respects things done or omitted to be done before such cesser of operation 
of this Act, and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of 
operation of this Act as if it had then been repealed by a Central Act. 

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

  (a) “essential defence services” means— 

       (i) any service in any establishment or undertaking dealing with production of goods or 
equipment required for any purpose connected with defence; 

       (ii) any service in any establishment of, or connected with, the armed forces of the Union or in 
any other establishment or installation connected with defence; 

       (iii) any service in any section of any establishment connected with defence, on the working of 
which the safety of such establishment or employee employed therein depends; 

       (iv) any other service, as the Central Government may, by notification in the Official Gazette, 
declare to be essential defence services, the cessation of work of which would prejudicially affect 
the— 

     		(I) production of defence equipment or goods; or 

  		(II) operation or maintenance of any industrial establishment or unit engaged in production 
of goods or equipment required for any purpose connected with defence; or 

  		(III) repair or maintenance of products connected with defence; 

  (b) “strike” means the cessation of work, go-slow, sit down, stay-in, token strike, sympathetic strike 
or  mass  casual  leave,  by  a  body  of  persons  engaged  in  the  essential  defence  services,  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 engaged to continue to work or to accept employment, and includes-- 

       (i) refusal to work overtime, where such work is necessary for the maintenance of the essential 
defence services; 

       (ii) any  other  conduct  which  is  likely  to  result  in,  or  results  in,  cessation  or  retardation  or 
disruption of work in the essential defence services. 

(2) Words and expressions used herein and not defined but defined in the Industrial Disputes Act, 1947 
(14 of 1947), shall have the meanings respectively assigned to them in that Act. 

3. **Power to prohibit strikes in essential defence services.**—(1) If the Central Government is satisfied 
that in the— 

  (a) public interest; or 

  (b) interest of the sovereignty and integrity of India; or 

  (c) security of any State; or 

  (d) public order; or 

  (e) decency; or 

  (f) morality, it is necessary or expedient so to do, it may, by general or special order, prohibit strikes 
in the essential defence services. 

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

(3) An order made under sub-section (1) shall be in force for six months, but the Central 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 made under sub-section (1)— 

  (a) no person engaged in the essential defence services shall go or remain on strike; 

  (b) any strike declared or commenced, whether before or after the issue of such order, by persons 
engaged or employed in such services shall be illegal. 

4. **Removal of persons.**—Where any order has been issued under sub-section (1) of section 3, any 
police officer may take all such measures as such officer may deem fit including the use of police force, if 
he considers necessary, to remove any person, whose presence in any area connected with the— 

  (a) defence equipment production services; or 

  (b) operation  or  maintenance  of  any  industrial  establishment  or  unit  engaged  in  production  or 
manufacturing of goods or equipment required for any purpose connected with defence; or 

  (c) repair  or  maintenance  of  products  connected  with  defence, would  be  prejudicial  to  the 
functioning, safety or maintenance of the essential defence services. 

5. **Dismissal of employees participating in illegal strikes.**—(1) Any person— 

  (a) who commences a strike which is illegal under this Act or goes or remains on, otherwise takes 
part in, any such strike; or 

  (b) who instigates or incites other persons to commence, or go or remain on, or otherwise take part 
in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the 
same  provisions  as  are  applicable  for  the  purpose  of  taking  such  disciplinary  action  (including 
dismissal) on any other ground under the terms and conditions of service applicable to him in relation 
to his employment. 

(2) Notwithstanding anything contained in any other law for the time being in force or under the terms 
and  conditions  of  service  applicable  to  any  person  employed  in  the  essential  defence  services,  before 
dismissing any person under sub-section (1), no inquiry shall be necessary if the authority empowered to 
dismiss or remove such person is satisfied that for some reason, to be recorded by that authority in writing, 
it is not reasonably practicable to hold such inquiry. 

6. **Penalty for illegal strikes.**—Any person, who commences a strike which is illegal under this Act or 
goes or remains on, or otherwise takes part in, any such strike, shall be punishable with imprisonment for 
a term which may extend to one year or with fine which may extend to ten thousand rupees, or with both. 

7. **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  be  punishable  with 
imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand 
rupees, or with both. 

8. **Penalty  for  giving  financial  aid  to  illegal  strikes.**—Any  person,  who  knowingly  expends  or 
supplies any money in furtherance or support of a strike which is illegal under this Act, shall be punishable 
with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen 
thousand rupees, or with both. 

9. **Power to prohibit lockouts in any industrial establishment or unit engaged in essential defence 
services.**—(1) If the Central Government is satisfied that in the— 

  (a) public interest; or 

  (b) interest of the sovereignty and integrity of India; or 

  (c) security of any State; or 

  (d) public order; or 

  (e) decency; or 

  (f) morality, 

it is necessary or expedient so to do, it may by general or special order, prohibit lock-outs in the industrial 
establishments or units engaged in the essential defence services. 

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

(3) An order made under sub-section (1) shall be in force for six months, but the Central 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 so to do. 

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

  (a) no employer engaged in the essential defence services shall commence any lock-out; and 

  (b) any lock-out declared or commenced, whether before or after the issue of such order, by any 
employer engaged in the essential defence services shall be illegal. 

(5) Any employer of an industrial establishment or unit engaged in the essential defence services, who 
commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this section, 
shall be punishable with imprisonment for a term which may extend to one year or with fine which may 
extend to ten thousand rupees, or with both. 

10. **Power to prohibit layoff in any industrial establishment or unit engaged in essential defence 
services.**—(1) If the Central Government is satisfied that in the— 

  (a) public interest; or 

  (b) interest of the sovereignty and integrity of India; or 

  (c) security of any State; or 

  (d) public order; or 

  (e) decency; or 

  (f) morality, 

it is necessary or expedient so to do, it may, by general or special order, prohibit lay-off, on any ground 
other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual 
workman) whose name is borne on the muster rolls of any industrial establishment or unit engaged in the 
essential defence services. 

(2) An order made under sub-section (1) shall be published in such manner as the Central Government 
may deem fit 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 six months, but the Central 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 employer in relation to an establishment to which such order applies shall lay-off or continue 
the lay-off any workman (other than a badli workman or a casual workman) whose name is borne on 
the muster rolls of any industrial establishment or unit engaged in the essential defence services, unless 
such  lay-off  is due  to  shortage  of  power  or  natural  calamity,  and  any  laying-off  or  continuation  of 
laying-off  shall,  unless  such  laying-off  or continuation  of  laying-off  is  due  to  shortage  of  power  or 
natural calamity, be illegal; 

  (b) a workman whose laying-off is illegal under clause (a) shall be entitled to all the benefits under 
any law for the time being in force as if he had not been laid-off. 

(5) Any employer of an industrial establishment or unit engaged in the essential defence services, who 
lays-off or continues the laying-off of any workman shall, if such laying-off or continuation of laying-off 
is illegal under this section, be punishable with imprisonment for a term which may extend to one year or 
with fine which may extend to ten thousand rupees, or with both. 

11. **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 to have committed any offence under this Act. 

12. **Offences 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 
Metropolitan Magistrate or any Judicial Magistrate of the first class, specially empowered in this behalf by 
the State Government and the provisions of sections 262 to 265 (inclusive) of the said Code shall, as far as 
may be, 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  such  Magistrate  to  pass  a  sentence  of  imprisonment  for  any  term  for  which  such  offence  is 
punishable under this Act. 

13. **Cognizance of offences.**—Notwithstanding anything contained in the Code of Criminal Procedure, 
1973 (2 of 1974), all offences punishable under this Act shall be cognizable and non-bailable. 

14. **Reference of other laws in certain areas.**—Any reference in this Act to any law which is not in 
force  in  any  area  and  to  any  authority  under  such  law  shall,  in  relation  to  that  area,  be  construed  as  a 
reference  to  the  corresponding  law  in  force  in  that  area  and  to  the  corresponding  authority  under  such 
corresponding law. 

15. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceedings shall 
lie against the Central Government or any officer for anything which is in good faith done or intended to 
be done under this Act. 

16. **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 the Industrial Disputes Act, 1947 
(14 of 1947), or in any other law for the time being in force. 

17. **Amendment of Act 14 of 1947.**—In the Industrial Disputes Act, 1947, in section 2, in clause (n), 
in sub-clause (ia), for the words “or dock”, the words “or dock or any industrial establishment or unit 
engaged in essential defence services” shall be substituted. 

18. **Laying of notifications before Parliament.**—Every notification issued under this Act shall be laid, 
as soon as may be after it is made or issued, before each House of Parliament while it is in session for a 
total period of thirty days which may be comprised in one session or in two or more successive sessions, 
and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions 
aforesaid, both Houses agree in making any modification in such notification or both Houses agree that the 
notification should not be issued, the notification shall thereafter have effect only in such modified form or 
be of no effect, as the case may be; so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that notification. 

19. **Repeal and savings.**—(1) The Essential Defence Services Ordinance, 2021 is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said 
Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act. 