The Mizoram Act, 1995. Essential Services Maintenance (Amendment)

Regd. No. NE 907 Vol XXIV Aizawl, Wednesday 3.5.1995 Vaisakha 13. S.E. 1917 Issue No. 101 NOTIFICATION No. F. 13013/1/90-LJD, the 27th April 1995. The following Act of the Mizoram Legislative Assembly, which received the assem of the Governor of Mizoram is hereby published for general Infomation. The Mizoram Act No. 5 of 1995 The Mizoram Act, 1995. Essential Services Maintenance (Amendment) Received the assent of the Governor of Mizoram on the 19th 4. 1995. to provide for the maintenance of certain essential services and normal life of the Community. Be it enacted by the Legislature of the State of Mizoram in the Forty-sixth year of the Republic of India as follows:- Short title, extent (1) This Act may be called the Mizoram Essential Services Maintenance (Amend- and commence- ment) Act, 1995. ment (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Ammendment of 2. In the Mizoram Essential Service Maintenance Act, 1990 (Act No 15 of 1990). section 2 hereinabove and after referred to as the principal Act for section 2, the following sec- tion shall be substituted namely :- “Definitions 2. In this Act, unless the context otherwise requires :- (a) “Code of Criminal Procedure” means the Court of Criminal Procedure, 1973 (Central Act No. 2 of 1974 Ex-101/95 - 2 - (b) “Essential Service” means (i) a service in the Police force, Homeguards or such other group of persons as are to assist in the maintenance of law and order or in prevention of offences by virtue of an obligation under a statute, regulation or order; (ii) any service assigned for administration or protection of prisons, reformato- ries, borstals and Institution of like nature. (iii) any service connected with Public Health, Sanitation Hospitals, Dispensa- ries; (iv) any service in relation to education; (v) any service for movement of transportation of public servants, passengers, goods or commodities; (vi) any service connected with supply of water, elecricity or anu other essential commodities. (vii) any service engaged in production, supply, distribution and storage of goods or essential commodities: (viii) any public service in connection with the affairs of the State in the Secre- tariat, departments and districts or local administration; (ix) any service in connection with the affairs of the State not being a service specified in any of the foregoing sub-clauses declared by the State Government, by order, as an essential service; (c) “principal Act” means the Mizoram Maintenance Act, 1990 (No. 15 of 1990): (d) “State Government” means the State Government of Mizoram; (e) “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 have been so employed to continue to work or to accept employment and includes: (i) refusal to work overtime where such work is necessary for the maintenance of any essential service; - 3 - Ex-101/95 (ii) any other conduct which is likely to result in or result in cessation or sub- stantial retardation of works in any essential service; (iii) shawing token strikes and taking of leaves or absence from the place of duty owing to refusal of work to which he is ordinarily employed in any of such essen- tial service. Ammendment of 3. In the principal Act, for section 5, the following section shall be substituted namely section 5 5. Notwithstanding anything contained in the Code of Criminal Procedure, any police officer without not below the rank of Inspector of Police may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act. Ammendment of 4. In the principal Act, for section 6, the following section shall be substituted, namely- section 6 6. Any person- (a) who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such; or (b) who instigates or incites other persons to commence, or otherwise take part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and con- ditions of service applicable to him in relation to his employment. Delettin of sec- tion 7 of the Prin- 5. Section 7 of the principal Act shall stand deleted. cipal Act Insertion of new 6. After section 6 of the principal Act, the following sections shall be inserted, sections namely- Offences to betried 7. Notwithstanding anything contained in the Code of Criminal Procedure all summerily offences under this Act shall be tried in a summary way by any Judicial Magistrate of the First Class, specially empowered in this behalf by the High Court and the provisons of sections it shall lawful for the Magistrate to pass a sentence of imprisonment fopr any term for which such offence is punishable under this Act. Provisions of the 8. The provisions of the Code of Criminal Procedure, 1973 (Act No. 2 of Code of Criminal 1974) shall as far as may bbe practicable and not trials etc. inconsistent with the pro- procedure Act, visions of this Act, to all warants inquiry and investigation, bail and trial, and disposal of 1973 to apply to seized item etc. made under this Act. warrants, arrest trials etc. Ex-101/95 - 4 - Act to override 9. The provisions of this Act and of any other issued thereunder shall have other laws effect notwithstanding anything inconsistent therewith contained in any other law on the subject made by the State Legislature for the time being in force. Renumbering 7. Section 8 of the principal Act shall be renumbered as section 10. of section 8 P. CHAKRABORTY Secretary to the Govt of Mizoram, Law, Judicial & Parliamentary Affairs Deptt. CERTIFICATE This Bill was passed by the Mizoram Legislative Assembly on the 3rd April, 1995. VAIVENGA Speaker Mizoram Legislative Assembly. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C-800