Essential Services Maintenance Act

Essential Services Maintenance Act

An Act to provide for the maintenance of certain essential services and the normal life of the community.
Citation	Act No. 59 of 1968
Territorial extent	Whole of India except Jammu and Kashmir
Enacted by	Parliament of India
Keywords
essential service, strike
Status: In force

The Essential Services Maintenance (ESMA) is an act of Parliament of India which was established to ensure the delivery of certain services, which if obstructed would affect the normal life of the people.^[1] This include services like public transport (bus services), health services (doctors and hospitals).^[2]^[3] The ESMA is a central law, that is, a law made by the Parliament of India; but the discretion on the execution of it mostly lies with the State governments. Each state in the union of India, hence has a separate state Essential Services Maintenance Act with slight variations from the central law in its provisions. This freedom is accorded by the central law itself. Although it is a very powerful law, its execution rests entirely on the discretion of the State government. The law has seen little use in India, with many strikes by public transport providers or staff, doctors or Government employees, being continued for weeks without ESMA being invoked by the Union Government or the State Government. There have been instances of citizens approaching courts for implementation of ESMA, and the executive being forced by court orders to declare ESMA over a strike and the strikes being called off overnight.^[4]

History

The law presently in effect is the Essential Services Maintenance Act, 1968. But it has a long history of evolution through which it came into the shape it is in right now. A shorter law by the same name existed in 1952, which came to replace the 'Ordinance XI' of 1941.^[5]

State laws

Andhra Pradesh

The law in effect is the Andhra Pradesh Essential Services Maintenance Act when of 1971.^[4]

Kerala

The Kerala Essential Services Maintenance Act, 1994. This is the law in effect in the state of Kerala since 1994. As is the general rule, it has slight variations in the provisions of the law from the central act. What existed before this act was the Kerala Essential Services Maintenance Ordinance of 1993.^[6]^[7]

Rajasthan

In Rajasthan this law is known as RESMA (Rajasthan Essential Services Maintenance Act).

Karnataka

The Government of Karnataka enacted Karnataka Essential Services Maintenance Act in 1994^[8] 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.^[9] The Government of Karnataka has threatened to invoke the act multiple times since then,^[10]^[11] even though the act had lapsed in 2004. The Government of Karnataka has planned to reintroduce ESMA with Karnataka Essential Services Maintenance Bill, 2013 which will be tabled in the winter session of the legislature.^[8]

Esma has been re-introduced in Karnataka effective from 09/06/2015. A gazette notification said..

Maharashtra

In Maharashtra ESMA act came into force on 2 August 2012.

Notes

DTC drivers' strike: Delhi government imposes ESMA^[12]^[13]

Delhi govt imposes ESMA on doctors on strike. Step was taken as the doctors continued there strike even after government agreed to all their demands. Doctors call off strike hours after AAP govt imposes ESMA.

References

↑ Indian Kanoon. 'The Essential Services Maintenance Act, 1968.'
↑ The Hindu. 'RTC staff strike from midnight.'
↑ The Hindu. 'Telangana: Chief Secretary told to engage JAC in talks.'
1 2 WordPress AndhraNewsHeadlines.
↑ 'The Essential Services Maintenance Act, 1952.'
↑ Geocities.ws 'The Kerala Essential Services Maintenance Act, 1994.'
↑ Hindu. 'In a state of struggle.'
1 2 Kamath, Vijesh (9 August 2013). "Esma to be back with more teeth". Deccan Herald. Retrieved 9 October 2013.
↑ "Govt may issue an ordinance to counter strike". The Times of India. TNN. 9 January 2009. Retrieved 9 October 2013.
↑ Kumar M, Anil (13 September 2012). "Karnataka government to invoke ESMA on striking employees". The Times of India. Retrieved 9 October 2013.
↑ "Government may invoke ESMA against PU teachers". The New Indian Express. Express News Service. 16 April 2012. Retrieved 9 October 2013.
↑ http://www.dnaindia.com/india/report-dtc-drivers-strike-delhi-government-imposes-esma-2085081
↑ http://timesofindia.indiatimes.com/city/delhi/ESMA-invoked-DTC-strike-over/articleshow/47256789.cms

Indian Legislations

Constitution of India (amendments) Indian Penal Code CrPC

In Force

Corruption	Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers

Criminal	Armed Forces (Special Powers) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law (Amendment) Act, 2013 Juvenile Justice (Care and Protection of Children) Act, 2015 National Security Act (India) Protection of Women from Domestic Violence Act 2005 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Education	National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956

Environment	Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Protection of Plant Varieties and Farmers' Rights Act, 2001 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Wildlife Protection Act, 1972 CAMPA bill Air (Prevention and Control of Pollution) Act

Financial	Aadhaar Act COFEPOSA Depositories Act Expenditure Tax Act, 1987 Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Income-tax Act, 1961 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Electricity Act Real Estate (Regulation and Development) Act, 2016 The Competition Act, 2002 Securities Laws (Amendment) Act, 2014 Street Vendors Act, 2014 Urban Land (Ceiling and Regulation) Act, 1976

Healthcare	Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985

Personal	Hindu Adoptions and Maintenance Act (1956) The Hindu Marriage Act, 1955 Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Muslim Women (Protection of Rights on Divorce) Act 1986

Social	Child Labour (Prohibition and Regulation) Act Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Indecent Representation of Women (Prohibition) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Societies' Registration Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Unorganised Workers' Social Security Act

State Laws	Anti-Superstition and Black Magic Act Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws (Amendment) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act

State Reorganisation	Chattisgarh Jharkhand Punjab States Telangana Uttarakhand

Terrorism	Unlawful Activities (Prevention) Act

Transportation	Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002

Organisation / Body	Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats (Extension to Scheduled Areas) Act 1996 Reserve Bank of India Act, 1934

Other	Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India (Prohibition of Improper Use) Act, 2005 The Foreigners Act, 1946

Repealed

Pre-Independence	Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows' Remarriage Act, 1856 Land Acquisition Act 1894 Official Secrets Act (India)

Post-Independence	Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants (Determination by Tribunal) Act, 1983 Interest Tax Act, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities (Prevention) Act The Gold (Control) Act, 1968 The Monopolies and Restrictive Trade Practices Act, 1969 Wealth Tax Act, 1957

Bills

Proposed	Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Taxation Laws (Second Amendment) Bill, 2016

Lapsed	Women's Reservation Bill

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