The document summarizes the Essential Services Maintenance Act (ESMA) in India. The key points are: 1. ESMA is a law passed by the Indian Parliament that allows state governments to declare certain services like health, transport and utilities as essential and prohibit strikes in these sectors. 2. It empowers state governments to issue orders banning strikes in essential services. Any strike declared before or after such an order is deemed illegal. 3. The Act prescribes penalties like imprisonment or fines for illegal strikes or instigating/funding strikes in essential services. State governments can also arrest violators without a warrant. 4. The document provides examples of ESMA being invoked in India to end

1. ESSENTIAL SERVICE MAINTENANCE ACT

2.  ESMA is an act established to ensure delivery of
certain essential services, which if obstructed would
affect the normal life of the community
 It is a law made by the Parliament of India; but the
discretion on execution of it mostly lies with the state
governments
 Extends to the whole of India except the state of
Jammu and Kashmir
 The essential services include postal, telegraph or
telephone service, all transport services, health services
among others

3.  It has the power to prohibit strikes in any essential
service
 Upon issue of an order under this act, no person
employed in any essential service shall go or remain on
strike
 Any strike declared before or after the issue of the
order, shall be deemed illegal
 Penalty for instigation of strike, giving financial aid for
strike
 Punishment in the form of imprisonment or fine
 The right to arrest without warrant

4.  A strike by 2000 resident doctors in New Delhi in June
2015 was called off after the invocation of the ESMA
as disruption of medical services was causing
inconvenience and hardship to the general public
 In 2005, the Hyderabad government invoked the ESMA
against striking chemists since pharmacies are an
essential service

6.  The Government of Karnataka enacted Karnataka
Essential Services Maintenance Act in 1994 and was
in force since 16 April 1994
 The life of the act was ten years as per section 1(3)
and it lapsed on 15 April 2004
 The Government of Karnataka has threatened to
invoke the act multiple times since then, even though
the act had lapsed in 2004

7.  The Government of Karnataka has planned to
reintroduce ESMA with Karnataka Essential Services
Maintenance Bill, 2009 which will be tabled in the
winter session of the legislature
 ESMA has been re-introduced in Karnataka effective
from 09/06/2015

9.  An Act to provide for the maintenance of certain
essential services.
 It enacted by the Karnataka State Legislature in the 64th
year of the Republic of India.

10. 1. Short title, extent and commencement
2. Definitions
3. Power to prohibit strike in certain essential services
4. Penalty for illegal strike
5. Penalty for instigation
6. Penalty for giving financial aid to illegal strike
7. Action under sections 4, 5 or 6 in addition to other
disciplinary action
8. Power to arrest without warrant
9. Act to override other laws

11.  This Act may be called the Karnataka Essential
Services Maintenance Act, 2013.
 It extends to the whole of the State of Karnataka.
 It shall come into force at once and remain in force
for a period of ten years.

12.  Essential service
 Any service connected with production, generation, storage,
transmission, supply or distribution
 transport service for the carriage of passengers
 any other service or employment connected where laws are
applicable
 Government being of the opinion that refusal to work
therein would prejudicially affect the maintenance of any
public utility services or the public safety or the
maintenance of supplies and service necessary for the life of
the community.

13.  Government:
 State Government
 Strike
 Cessation of work
 Refusal to work overtime where such work is necessary
for the maintenance of any essential service

14. 1. In public interest by general or special order
2. An order made under sub-section (1) shall be
published in such manner as the Government
consider best calculated to bring it to the notice of
the persons affected by the order
3. under sub-section (1) shall be in force for one year,
but the Government may, by a like order, published
in the like manner, extend it for any period not
exceeding six months

15. 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; or
(b) any strike declared or begun or continued, whether
before or after the issue of the order, by any person
employed in any such service, shall be illegal.

16.  At any time, be rescinded by the Government, but such
rescission shall not affect the previous operation of
such order or anything duly done or suffered there
under, and shall not affect any obligation or liability
accrued or incurred or any penalty or punishment
incurred in respect of any offence committed against
this Act before such rescission

17.  Shall on conviction, be punished with imprisonment
for a term which may extend to one year or with fine
which may extend to five thousand rupees or with
both.

18.  Any action taken against any person under sections 4, 5
or 6 shall not affect and shall, be in addition to, any
other action of a disciplinary nature or any consequence
which may ensue, and to which the person may be
liable by or under the terms and conditions of his
service or employment

19. 1. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974),
any police officer may arrest without warrant any
person who is reasonably suspected of having
committed any offence under this Act.
2. All offences in this Act shall be non-bailable

20.  The provisions of this Act and any order issued there
under shall have effect notwithstanding anything
inconsistent therewith contained in any other law for
the time being in force: Provided that the provisions
contained in this Act shall not override any of the
provisions of the Electricity Act, 2003 or rule or orders
made thereunder.

21.  This (Karnataka atyavasyaka sevegala nirvahana
adiniyama,2013 ) is published in the official Gazette
under clause (3) of Article 348 of the Constitution of
India.

23.  State government of Karnataka invoked ESMA Against
government doctors
 Reason:- To prevent them from going on strike and also
for failing to make alternative arrangements for patients
in advance.
 The court also said that doctors on government duty
cannot go on strike and they would have to approach
legal forums such as the courts for getting their
grievances redressed if the government failed to honour
their reasonable demands

24.  Public interest litigation was filed by Mr.
Amrutesh against doctors who were on strike
 A Division Bench comprising Justice K.L.
Manjunath and Justice Ravi Malimath made
these observations
 Doctors reported back to duty next day but
they would work for a month though many of
them had submitted their resignation
 President of the Karnataka Medical Officers’
Association to be present in the court

25.  Questions discussed…
 why the government did not invoke ESMA against the
doctors when the High Court had issued specific directions
in 2005 and 2009 when a group of doctors went on strike ??
 why the government did not act when it was fully aware of
the demands of the doctors more than three months ago??
 What alternative arrangements were made by the
government at its hospitals when the association issued
notice one month ago about the strike and indicating that
they would resign en masse??
 “You should have accepted their resignation and made
alternative arrangements”

26. Thank You. . .