The Essential Services Maintenance (Assam) Act, 1980

{
    "id": 14088,
    "slug": "essential-services-maintenance-assam-act-1980",
    "title": "The Essential Services Maintenance (Assam) Act, 1980",
    "short_title": "The Essential Services Maintenance (Assam) Act, 1980",
    "act_number": "Assam Act No. 41 of 1980",
    "act_year": 1980,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Essential Services Maintenance (Assam) Act, 1980",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"appropriate Government\" means-\n(i) in relation to any service connected with matters relatable to any of the entries enumerated in List I in the Seventh Schedule to the Constitution-the Central Government;\n(ii) in relation to any service connected with matters relatable to any of the entries enumerated in List II in the Seventh Schedule to the Constitution-the State Government of Assam; and\n(iii) in relation to any service connected with matters relatable to any of the entries enumerated in List III in the Seventh Schedule to the Constitution-the Central Government and the State Government of Assam;\n(b) \"essential services\" , means-\n(i) any postal, telegraph or telephone service;\n(ii) any railway service or any other transport service for the carriage of passengers or goods by land, water or air;\n(iii) any service connected with the loading and unloading of goods;\n(iv) any service connected with the operation or maintenance of aerodromes or with the operation, repair or maintenance of aircraft;\n(v) any service connected with the clearance of goods or passengers through the customs or with the prevention of smuggling;\n(vi) any service in any establishment of, or connected with the armed forces of the Union or in other establishments or installations connected with defence;\n(vii) any service in any section of any industrial establishment or undertaking on the working of which the safety of such establishment or undertaking or the employees employed therein depends;\n(viii) any service in, or in connection with, the working of any undertaking owned or controlled by the Government being an undertaking engaged in the purchase, procurement, storage, supply or distribution of foodgrains;\n(ix) any service in any system of public conservancy or sanitation;\n(x) any service in connection with or in relation to banking;\n(xi) any service in any establishment or undertaking dealing with the production, supply and distribution of coal;\n(xii) any service in any oilfield or refinery or in any establishment or undertaking dealing with the production, supply or distribution of petroleum and petroleum products;\n(xiii) any service in connection with the affairs of the Union or the State of Assam not being a service specified in any of the foregoing sub-clauses;\n(xiv) any other service connected with matters with respect to which Parliament or the Legislative Assembly of the State of Assam has power to make laws and which the Central Government or the Government of Assam, as the case may be, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community, may, by notification in the official Gazette, declare to be an essential service for the purposes of this Act;\n(c) \"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 who have been so employed to continue to work or to accept employment and includes-\n(i) refusal to work overtime where such work is necessary for the maintenance of any essential service;\n(ii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any essential service.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Power to prohibit strikes in certain employments.",
            "chapter": null,
            "content": "(a) no person employed in any essential service to which the order relates shall go or remain on strike;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Dismissal of employee participating in illegal strikes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Penalty for illegal strikes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Penalty for instigation, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Penalty for giving financial aid to illegal strikes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power to arrest without warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Offences to be tried summarily.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Act to override other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Repeal and saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass205]",
        "Act Number": "Assam Act No. 41 of 1980",
        "Enactment Date": "",
        "Act Year": "1980",
        "Short Title": "The Essential Services Maintenance (Assam) Act, 1980",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:51:51"
}