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UP Government invokes Essential Services Maintenance Act {ESMA}
Courtesy/By: PARAM SAKET SARANG | 2024-02-23 15:11 Views : 93
UP Government invokes Essential Services Maintenance {ESMA}
Introduction
The Uttar Pradesh government on 16 Feb {Friday} implemented the Essential Services Maintenance Act (ESMA), which prohibits government workers from going on strike for six months in all State government agencies, companies, and authorities. The choice was made during the current farmers' strike, which was organized by several union groups.
"The State government forbade strikes for six months from the date of the notification in exercise of the powers under sub-section (1) of the section-3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 (UP Act No 30 of 1966)," according to the notification issued by Additional Chief Secretary (ACS) Devesh Chaturvedi.
If someone violates any of the provisions of this Act, state police have the authority to arrest them without a warrant. The state government has officially declared that all public services, including large enterprises and municipal governments that are owned or managed by the state government, are prohibited from holding strikes effective immediately.
By using the Essential Services Maintenance Act, or ESMA, the Uttar Pradesh government had earlier in May 2021 prohibited strikes for six months. The COVID-19 pandemic was a factor in the decision-making process. The Uttar Pradesh administration used ESMA once more later in December of that same year.
Implementation
The ESMA is a law made by the Parliament of India under List No. 33 in the Concurrent List of the 7th Schedule of the Constitution of India. Despite being a fairly strong statute, the State administration has complete discretion over how it is carried out. Because of this, each state in the union of India has its own Essential Services Maintenance Act, albeit with some provisions that differ slightly from those of the national law. This liberty is granted under the fundamental legislation.
About the Essential Services Maintenance Act (ESMA):-
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It is a 1968 act of the Indian Parliament that ensures the provision of services that would negatively impact people's everyday lives if they were not provided.
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It is upheld to prevent striking workers from declining to perform some necessary services. Workers are not permitted to miss work due to bandhs or curfews.
Which services fall under this category?
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Services related to hospitals, public health, sanitation, water supply, and national defence are crucial.
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An establishment is considered to be providing essential services if it produces, distributes, or uses coal, oil, steel, fertilizer, or power. Apart from that, ESMA may apply to any service linked to banking.
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This act also covers any government initiative about the procurement and distribution of food grains, as well as services related to communication and transportation.
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State governments have the authority to impose their laws in some areas, either on their own or in conjunction with other state governments. Additionally, the Act gives governments the option to determine which critical services to impose ESMA on.
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In case of a statewide disruption, especially about railways, the ESMA could be triggered by the central government.
What actions can be taken against the employees?
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Both the initiators and the participants of the strike are subject to disciplinary action, which may include termination.
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Following the ESMA's invocation, legal action against these employees is also possible. This is because the strike becomes illegal.
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Without a warrant, any police officer can arrest the individual who is striking.
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Individuals taking part in or initiating the strike face a maximum sentence of one year in jail, a fine, or both.
Conclusion
In summary, the Essential Services Maintenance Act (ESMA), which was put into effect by the Uttar Pradesh government on February 16, is an important step that was made amid the ongoing farmers' strike. The administration hopes to prevent strikes and maintain uninterrupted delivery of key public services by outlawing strikes by government employees for six months and extending this prohibition to all state-owned or managed companies. The ruling demonstrates how seriously the government takes compliance with this mandate by giving the state police the ability to arrest violators without a warrant. This action demonstrates the government's determination to keep public order and guarantee the seamless operation of vital services during a time of considerable social turmoil.
References
Courtesy/By: PARAM SAKET SARANG | 2024-02-23 15:11
