The Tripura Essential Services Maintenance Act, 2019

No.2084 Registered No.N. E. 930. Iie Q, P SE TRIPURA a ( GAZETTE PublishedbyAuthority EXTRAORDINARY ISSUE Agartala, Friday, October4, 2019 A. D., Asvina 12, 1941 S. E. PART--Ill-- Acts of Tripura Legislature GOVERNMENT OF TRIPURA LAW DEPARTMENT SECRETARIAT : AGARTALA No. F.8(14)-Law/Leg-1/2019/9795-96 Dated, Agartala, the 4th October, 2019. NOTIFICATION The following Act of the Tripura Legislative Assembly received the assent of the Governor of Tripura on the 1~ October, 2019 and is hereby published for General information. 104 GoutamDebnath L.R. & Secretary, Law GovernmentofTripura Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D. INDEX SI No, Details | Page No. 1. Short, title and extent 1 2. Definitions 1 3. Service to which Act applies 1-2 4. Power to order persons engaged in certain 2 services to remain in specified areas. 5. Powerto prohibit strike 2 6, Offences 2-3 Ks Regulation ofwages and conditionsofservice. 3 8. Penalties and procedure 3-4 9. Indemnity q 10. Over riding effect of orders, rules etc, made 4 underthe Act. Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D. THETRIPURAACT NO. 9 OF 2019 THE TRIPURAESSENTIAL SERVICES MAINTENANCE ACT, 2019 An ACT te provide for the maintenance ofessential services in the State of Tripura to ensure the delivery of those essential services, which if obstructed would effect the normal life of the people and for matters connected therewith or incidental thereto, BE it enacted by the Tripura Legislative Assembly in the seventieth year of the Republic ofIndia as follows:- 1. Short, tithe and cxtent. (1) This may be called ‘The Tripura Essential Services Maintenance Act, 2019"; (2) It extends to the whole ofthe State of Tripura. (3) [t shall come into force on and from the date of its publication in the Tripura Gazette. 2. Definitions (1) [In this Act, unless the context otherwise requires, - ja) “service” includes employment ofany nature whetherpaid or unpaid; {b) "Government" means the Governmentofthe State ofTripura; (c) “prescribed” means prescribed by rules made under this Act; [d) “strike” means the cessation of work by a body of persons employed in any service or class of semice to which this Act applies, acting in combination, or a concerted refusal, or a refusal under a common understancing, of any number of persons, who are or have been so employed to continue to work or to accept service, and includes— (i) mass casual leave in pursuance ofa common understanding among the persons who avail themselves of such leave, or under the direction of any other person or persons; {ii) refusal to work overtime where such work is necessary for the maintenance of work in any service to which this Act applies; or (iii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any service to which this Act applies, 3. Service towhich Act applies. This Act shall apply- Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D. To anygovernmentservices orclass ofservices which the Government, being ofthe opinion that such services or class of services is essential for securing the public safety, the maintenance of public order, health or sanitation, or for maintaining supplies or services necessary for the life of the community, may, by notification, declare. 4. Power to order persons engaged in certain services to remain in specified areas. (1) The Government or an officer authorized by it in this behalf may, in respect of any service or class of service to which section 3 applies, by general or special order, direct that any person or persons engaged in such service shall not depart out ofsuch area or areas may be specified in such order, (2) An order made under sub-section (1) shall be published in such manner as the Government or the officer making the order considers fit to bring it to the notice of persons affected thereby. 5. Power to prohibit strike.- (1) [f the Governmentis satisfied that in the public interest it is necessary or expedient so to do, it may by general or special order, prohibit strikes in any service or class ofservice to which this Act applies. (2) An order made under sub-section (1) shall be published in such manner as the Government considers sufficient to bring it to the notice of the persons affected by the orderand shall remain in force for a periodofsix months: Provided that the government mayifsatisfied and feels it expedient to do so, in the public interest, extend for any further period but not exceeding six months by one such order. [3} Upon the issue ofthe order under sub-section (1), - la) No person employed in any service or class of service to which this Act applies and to whom the order relates shall go, or remain on strike: and (b) any strike declared or commenced, whether before or after the issue ofthe order persons employed in any such service shall be illegal. 6. Offences Any person engaged in any service or class of service to which this Act applies who- (a) disobeys anylawful order published by such general or special order u/s 5/1); [b) without reasonable excuse abandons such service or absents himself from work; \c) departs from any area specified in an order made under sub-section (1) of section 4 without theconsent of the authority making theorder; (d) himself takes part and abets other person to take part in, otherwise acts in furtherance of, suchillegal strike; or Shall be guilty ofan offence under this Act. Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D. Explanation 1- If a person apprehends that by continuing in his service, he will be exposed to any danger because of such prohibited act under this Act, such apprehension shall not be a reasonable excuse within the meaning ofclause (b). Explanation 2 - 1) Any employer of a person other than the government engaged in a service or class of service declared under section 3 to be a service to which this Act applies, who without reasonable cause (a) discontinues the service ofsuch person; or (b) by closing an establishment in which such person is engaged causes the discontinuanceof his service; Shall be guilty of an offence under this Act. 7. Regulation ofwages and conditions of service. (1) The Government may make rules regulating or empowering a_ specified authority to regulate wages and other conditions of service of persons or any class of persons engaged in any service or class of service declared as such under section 3. (2) When any such rules have been made or when any direction regulating wages or conditions of service have been given by an authority empowered by such rules to give such directions, any person failing to comply with them shall be guilty ofan offence underthis Act. 8. Penalties and procedure. (1} Any person found guilty of an offence under this Act shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend upto Rs. 10,000/- (Rupees Ten Thousand) or with both. (2) Where an offence under this Act has been committed by a company, every person in-charge of, or responsible to the company or to any particular section of the company responsible for the conductof its business or for conduct ofpart ofits business at the time of the commission of the offence shall be liable to be proceeded against and be punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Tripura Gazette, Extraordinary Issue, October 4, 2019 A.D. Explanation. — For the purposeofthis section.- (a) "company" means any body or corporate, and includes a firm or other association ofindividuals and (b) "director" in relation to a firm means a partner in the firm. (3) The offences under this Act shall be cognizable and bailable. (4) Any First Class Magistrate may take cognizance and pry suchcases. 9. Indemnity No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or contended to be done underthis Actor the rules made there under. 10. Over riding effect oforders, rules etc., made under the Act. The provisions of this Act or any order or Notifications made or direction given under this Act shall have effect notwithstanding anything contained in any other law for the time being in force, Goutam Debnath LR & Secretary, Law Government ofTripura. Printedat the Tripura Government Press, Agartala. 6