ESMA

India is a democratic country in which all citizens have been given equal rights without any discrimination, it is also the right of people to perform peacefully.  When the demands of some people are not met, they go on strike, which causes other people of the country to face problems.

 But the government resorts to some laws to reduce the problems of the people.  Let us know about one of these laws 'Essential Services Maintenance Act (ESMA)' in this article.

 What is the meaning and features of ESMA (Meaning and Features of The Essential Services Maintenance Act: ESMA)

 The Essential Services Maintenance Act (ESMA) was enacted by the Parliament of India in 1968.  Its main objective is to maintain the smooth movement of those things which are necessary for the normal life of the common citizen.

 The Essential Services Maintenance Act (ESMA) is imposed to prevent unnecessary strike.  If the employees of any important department in a state go on strike and the government does not accept their demands and asks them to end the strike and even then they do not end the strike, then the government takes action against them under ESMA.

 But before implementing ESMA, employees affected by this are informed through a newspaper or other medium.

 ESMA can be imposed for a maximum period of 6 months, but if the central government believes that it needs to be extended, it can extend it for any longer period, although no more than 6 months can be ordered at a time.  Can.

 Punishment under the ESMA

 1. If the employee goes on strike after the implementation of ESMA, then it is illegal and punishable.  After the enforcement of ESMA under the Criminal Procedure 1898 (5 of 1898), any employee related to this order can be arrested without any warrant.

 2. This act also states that if overtime is required to maintain any essential service, the employee cannot deny it.

 3. Any person who incites other persons to take part in the strike may face a jail term of one year or fine of one thousand rupees or both.

 4. If a person finances a strike, it is a crime to do so under this law. Such a person can face imprisonment of up to one year, fine of one thousand rupees or both.

 What are the services required under ESMA?  (Which Services are covered under the ESMA)

 (i) any post, telegraph or telephone service;

 (ii) Land, water or air for the transportation of passengers or goods for any railway service or any other transport service with respect to which Parliament has the power to make laws;

 (iii) any service associated with the operation or maintenance of the airport, or the operation, repair or maintenance of the aircraft;

 4

 (iv) any service related to the loading, unloading, movement or storage of goods in any port;

 (v) any service involving clearance of goods or passengers through customs or with the prevention of smuggling;

 (vi) any service in a mint or security press;

 (vii) Any service in any defense establishment of the Government of India