What is
ESMA?
ESMA- The Essential Services
Maintenance Act
The Act
The Essential Services Maintenance Act, 1968, was enacted to provide for
"the maintenance of certain essential services and the normal life of the
community". It extends to the whole of India except Jammu and Kashmir.
ESMA enables the Government to ban strikes and demand conciliation or
arbitration in certain "essential" industries.
However, the interpretation of "essential services" varies from state to
state. Legal mechanisms exist for challenging a decision taken under the
terms of this Act if a dispute arises.
With respect to Karnataka
Ammend to the ESMA act in Karnataka makes striking essential work by
government servants a non-bailable offence facilitating arrest without a
warrant.
"The amended Essential Services Maintenance Act (ESMA) has a provision to
book a non-bailable case against government servants in-charge of essential
services striking work,"
It is not against labour unions. The Act will be invoked only in the case
of essential services like water supply, electricity, transport and
healthcare are affected due to strike by the government staff.
If necessary ,the government can also apply to any other services that
includes Education.
The amended law also gives police power to arrest government servants on
illegal strike without a warrant.
The provision to arrest without a warrant in the amended Act would be used
in rarest of rare cases with the decision taken at the highest executive
level
If arrested, the striking staff will face one-year imprisonment or a fine
of Rs.5,000 or both in case of those who instigate the strike.
The definition under the amended ESMA includes any service connected with
production, generation, storage, transmission, supply or distribution of
water or electricity and any transportation service for carrying passengers
or goods by motor vehicles.
--
1. If a teacher wants to join STF, visit
http://karnatakaeducation.org.in/KOER/en/index.php/Become_a_STF_groups_member
2. For STF training, visit KOER -
http://karnatakaeducation.org.in/KOER/en/index.php
4. For Ubuntu 14.04 installation, visit
http://karnatakaeducation.org.in/KOER/en/index.php/Kalpavriksha
4. For doubts on Ubuntu, public software, visit
http://karnatakaeducation.org.in/KOER/en/index.php/Frequently_Asked_Questions
5. Are you using pirated software? Use Sarvajanika Tantramsha, see
http://karnatakaeducation.org.in/KOER/en/index.php/Why_public_software
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