¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2018/¡òÉ±MÉÖxÉ 1, ¶ÉEäò 1939

RNI  No. MAHENG /2009/35528

1

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
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+ºÉÉvÉÉ®úhÉ  Gò¨ÉÉÆEòú  24
|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ
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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of  the Maharashtra Essential Services Maintenance Act, 2017 (Mah. Act No. XVIII of
2018), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.

———————

MAHARASHTRA ACT No. XVIII OF 2018

(First published, after having received the assent  of the  President in  the

“ Maharashtra Government Gazette ”, on the 20th February 2018.)

An  Act  to  provide  for  the maintenance  of  certain  essential  services  and  the
normal life  of the community  ; and to  provided for the  matters connected
therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to provide  for  the  maintenance  of  certain
essential  services  and  the  normal  life  of  the  community ;  and  to  provide  for
the  matters  connected  therewith  or  incidental  thereto ;  it  is  hereby  enacted
in the Sixty-eighth Year of the Republic of India as follows :—

1.

(1) This  Act  may  be  called  the Maharashtra  Essential  Services

Maintenance Act, 2017.

(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint and shall cease to have effect
on  the  expiry  of  the  five  years  from  the  said  date  except  as  respects  things
done  or  omitted  to  be  done  before  such  cesser  of  operation  of  this  Act ;  and
section  7  of  the  Maharashtra  General  Clauses  Act,  shall  apply  upon  such
cesser of operation of this Act as if it had then been repealed by a Maharashtra
Act.

I of
1904.

(1)

¦ÉÉMÉ +É`ö---24--1

Short title,
extent,
commence-
ment and
duration.

2

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Definitions.

In  this  Act,  unless  the  context  otherwise  requires,—

2.
(a) “ essential  service ”  means,—

(i) any  transport  service  for  the  carriage  of passengers or goods,
by land or water, with respect to which the State Legislature has power
to make laws ;

(ii) any  service  connected  with  the  supply  of  gas  or  milk  or  water
or  electricity  with  respect  to  which  the  State  Legislature  has  power  to
make  laws ;

(iii) any  service  connected  with  the  maintenance  of  public  health

and  sanitation  including  hospitals  and  dispensaries ;

(iv) any  public  service,  post  and  employment  in  connection  with
the  affairs  of  the  State  and  also  persons  appointed  to  the  secretarial
staff of both Houses of the State Legislature, and the officers and servants
of the High Court ;

(v) any  service  or  post  in  connection  with  the  affairs  of  the  local

authorities ;

(vi) any other service, post, employment or class thereof, connected
with  matters  in  respect  of  which  the  State  Legislature  has  power  to
make laws and when the State Government is of opinion that strike in
such service, post, employment or class thereof would prejudicially affect
the public safety or the maintenance of the supplies or services essential
to  the  life  of  the  community  or  would  result  in  the  infliction  of  grave
hardships  on  the  community,  and  which  the  State  Government  by
notification  in  the Official  Gazette,  declares  to  be  an  essential  service
for  the purpose  of this  Act ;
(b) “ strike ” means the cessation of work by a body of persons employed
in  any  essential  service  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  employed,  to  continue  to  work  or  to  accept  employment,  and
includes,—

(i) refusal  to  work  overtime,  where  such  work  is  necessary  for  the

maintenance  of  any  essential  service ;

(ii) any  other  conduct,  which  is  likely  to  result  in,  or  results  in,

cessation  or  substantial  retardation  of  work  in  any  essential  service ;

(c) words and expressions used in sections 5 and 6 and not defined herein
but  defined  in  the  Industrial  Disputes  Act,  1947,  shall  have  the  meanings
respectively  assigned  to  them  in  that  Act.

14 of
1947.

Laying of
notification
before each
House of
State
Legislature.

3.

(1) Every  notification  issued  under  sub-clause  (vi)  of  clause  (a)  of
section 2 shall be laid before each House of the State Legislature, immediately
after it is made, if it is in session, and on the first day of the commencement
of the next session of the House if it is not in session and shall cease to operate
at the expiration  of forty days from the date  of its being so laid  or from the
re-assembly  of  the  State  Legislature,  as  the  case  may  be,  unless  before  the
expiration of that period, a resolution approving the issue of the notification
is passed by both Houses of the State Legislature.

(2) Where any notification ceases to operate by or under sub-section (1),
the cesser shall be without prejudice to anything done or omitted to be done
before  such  cesser.

Explanation.—Where the Houses of the State Legislature are summoned
to re-assemble  on different dates,  the period of  forty days shall  be reckoned
from the later of those dates.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2018/¡òÉ±MÉÖxÉ 1, ¶ÉEäò 1939

3

4.

(1) If  the  State  Government  is  satisfied  that  in  the  public  interest,
it is necessary or expedient so to do, it may subject to the provisions of sub-
section (5), by general or special order, prohibit strike in such essential service
from such date as may be specified in the order.

Power to
prohibit
strike in
certain
employments.

(2) An  order  made  under  sub-section  (1)  shall  be  published  in  such
manner, as the State Government considers 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  only  for  six
months from the date specified therein, but the State Government may, by a
like  order  published  in  like  manner,  and  subject  to  the  provisions  of  sub-
section  (5),  extend  it  for  a  further  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) or sub-section (3),—
(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  employed  in  any  such  service  shall  be
illegal.
(5) No order under sub-section (1) or sub-section (3) shall be made in

respect  of—

(a) persons  appointed  to  the  secretarial  staff  of  the  Houses  of  the
State Legislature, except at the request of the Chairman of the Legislative
Council  and  the  Speaker  of  the  Legislative  Assembly ;

(b) officers  and  servants  of  the  High  Court,  except  at  the  request  of

the Chief Justice of the High Court.

5.

(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  lock-out  in   any  establishment pertaining to any essential service
specified  in  the  order.

(2) An  order  made  under  sub-section  (1)  shall  be  published  in  such
manner as the State Government considers 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 six months
only, but the State Government may, by a like order, extend it for a further
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) or sub-section (3),—
(a) no employer in relation to an establishment to which the order

applies  shall  declare  or  commence  any  lock-out ;

(b) any  lock-out  declared  or  commenced  whether  before  or  after
the  issue of  the  order,  by any  employer  in  relation to  an  establishment
to  which  the  order  applies,  shall  be  illegal.
(5) Any  employer  in  relation  to  an  establishment  who  commences,
continues or otherwise acts in furtherance of a lock-out which is illegal under
this section, shall, on conviction, be punishable with imprisonment for a term
which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  two
thousand  rupees,  or  with  both.

Power to
prohibit
lock-out in
certain
establish-
ments.

6.

(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
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

Power to
prohibit
lay-off in
certain
establishments.

¦ÉÉMÉ +É`ö---24--2

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¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2018/¡òÉ±MÉÖxÉ 1, ¶ÉEäò 1939

is borne on the muster roll of any establishment pertaining to any essential
service  specified  in  the  order.

(2) An  order  made  under  sub-section  (1)  shall  be  published  in  such
manner as the State Government considers 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 six months
only  but the  State Government  may, by  a  like order,  extend it  for a  further
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) or sub-section (3),—
(a)  no employer, in relation to an establishment to which the order
applies, shall lay-off or continue the lay-off of any workman (other than
a badli  workman  or  a  casual  workman)  whose  name  is  borne  on  the
muster roll of such establishment, 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  in  relation  to  an  establishment  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,  on  conviction,  be  punishable  with
imprisonment for a term which may extend to six months, or with fine which
may extend to two thousand rupees, or with both.

Penalty for
illegal strike.

7. 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,  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.

Penalty for
instigation.

8. 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,  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.

Penalty for
giving
financial aid
to illegal
strike.

9. Any  person  who  knowingly  expends  or  supplies  any  money  in
furtherance  or  support  of  a  strike  which  is  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.

Action under
section 7, 8 or
9 in addition
to disciplinary
action.

Power to
arrest without
warrants and
offences to be
non-bailable.

10. Any action taken under section 7, 8 or 9 shall not affect,  and shall
be in addition to, any action of a disciplinary nature or any consequence which
may ensue, and to which any person may be liable by the terms and conditions
of  his  service  or  employment.

11.

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

2 of
1974.

(2) All offences under this Act shall be non-bailable.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2018/¡òÉ±MÉÖxÉ 1, ¶ÉEäò 1939

5

12. The  provisions    of  this  Act  or  any  order  issued  thereunder  shall
have effect notwithstanding anything inconsistent   therewith   contained   in
the   Maharashtra Industrial Relations Act, the Industrial Disputes Act, 1947
or any other law for the time being in force.

Act to
override other
laws.

XI of 1947.
14  of  1947.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

