The Maharashtra Essential Services Maintenance Act, 2023

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2023 : Mah. XXIX]   1 

THE MAHARASHTRA ESSENTIAL SERVICES MAINTENANCE ACT, 2023 

[Text as on 15th January 2025] 

_____________ 

CONTENTS 

PREAMBLE. 

SECTIONS. 

 1. Short title and commencement. 

 2. Definitions. 

 3. Laying of notification before each House of State Legislature. 

 4. Power to prohibit strike in certain employments. 

 5. Power to prohibit lock-out in certain establishments. 

 6. Power to prohibit lay-off in certain establishments. 

 7. Penalty for illegal strike. 

 8. Penalty for instigation. 

 9. Penalty for giving financial aid to illegal strike. 

 10. Action under section 7, 8 or 9 in addition to disciplinary action. 

 11. Power to arrest without warrant and offences to be non-bailable. 

 12. Act to override other laws. 

 13. Repeal of Mah. XVIII of 2018 and saving. 

  

  



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Maintenance Act, 2023 
  



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MAHARASHTRA ACT No. XXIX OF 20231 

[THE MAHARASHTRA ESSENTIAL SERVICES MAINTENANCE ACT, 2023.] 

[This Act received the assent of the president 19th June 2023; assent first published, 

 in the “Maharashtra Government Gazette”, Part IV on the 30th June 2023.] 

An Act to provide for the maintenance of certain essential services and the  

normal life of the community; and to provide for the matters connected  

therewith or incidental thereto. 

WHEREAS it is expedient to provide for the maintenance of certain essential services and the 

normal life of the community; and to provide for the matters connected therewith or incidental 

thereto; it is hereby enacted in the Seventy-fourth Year of the Republic of India, as follows :— 

1.  Short title, extent, commencement and duration.— (1) This Act may be called the 

Maharashtra Essential Services Maintenance Act, 2023. 

(2) It extends to the whole of the State of Maharashtra.   

(3) It shall come into force on such date2 as the State Government may, by notification in the 

Official Gazette, appoint and shall cease to have effect on the expiry of the five years from the said 

date except as respects things done or omitted to be done before such cesser of operation of this Act; 

and section 7 of the Maharashtra General Clauses Act (I of 1904), shall apply upon such cesser of 

operation of this Act, as if it had then been repealed by a Maharashtra Act.   

2.  Definitions.— In this Act, unless the context otherwise requires,—  

(a) “essential service” means,—   

(i) any transport service for the carriage of passengers or goods, by land or water, 

with respect to which the State Legislature has power to make laws;  

(ii) any service connected with the supply of gas or milk or water or electricity with 

respect to which the State Legislature has power to make laws;  

(iii) any service connected with the maintenance of public health and sanitation 

including hospitals and dispensaries;   

(iv) any public service, post and employment in connection with the affairs of the 

State and also persons appointed to the secretarial staff of both Houses of the State 

Legislature, and the officers and employees of the High Court;   

(v) any service or post in connection with the affairs of the local authorities;   

(vi) any other service, post, employment or class thereof, connected with matters in 

respect of which the State Legislature has power to make laws and when the State 

Government is of opinion that strike in such service, post, employment or class thereof 

would prejudicially affect the public safety or the maintenance of the supplies or services 

essential to the life of the community or would result in the infliction of grave hardships on 

the community, and which the State Government by notification in the Official Gazette, 

declares to be an essential service for the purpose of this Act;  

(b) “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,—   

                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. VIII of 2023, see Maharashtra Government Gazette, 2023, 

Extraordinary No. 7, Part V-A, dated 10th March 2023, page 6. 
2  This Act came into force on the 4th August 2023, vide Government Notification, G.A.D, No. MIS-1123/C.R. 003/16-A, 

dated the 4th August 2023. 



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(i)  refusal to work overtime, where such work is necessary for the maintenance of 

any essential service;   

(ii) any other conduct, which is likely to result in, or results in, cessation or 

substantial retardation of work in any essential service;   

(c) words and expressions used in sections 5 and 6 and not defined herein but defined in 

the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to 

them in that Act. 

3.  Laying of notification before each House of State Legislature.— (1) Every notification 

issued under sub-clause (vi) of clause (a) of section 2 shall be laid before each House of the State 

Legislature, immediately after it is made, if it is in session, and on the first day of the commencement 

of the next session of the House if it is not in session and shall cease to operate at the expiration of 

forty days from the date of its being so laid or from the re-assembly of the State Legislature, as the 

case may be, unless before the expiration of that period, a resolution approving the issue of the 

notification is passed by both Houses of the State Legislature.   

(2) Where any notification ceases to operate by or under sub-section (1), the cesser shall be 

without prejudice to anything done or omitted to be done before such cesser.   

Explanation.— Where the Houses of the State Legislature are summoned to re-assemble on 

different dates, the period of forty days shall be reckoned from the later of those dates. 

4.  Power to prohibit strike in certain employments.— (1) If the State Government is satisfied 

that in the public interest, it is necessary or expedient so to do, it may subject to the provisions of sub-

section (5), by general or special order, prohibit strike in such essential service from such date as may 

be specified in the order.   

(2) An order made under sub-section (1) shall be published in such manner, as the State 

Government considers best calculated to bring it to the notice of the persons affected by the order.   

(3) An order made under sub-section (1) shall be in force for six months only, from the date 

specified therein, but the State Government may, by a like order published in like manner, and subject 

to the provisions of sub-section (5), extend it for a further period not exceeding six months, if it is 

satisfied that in the public interest it is necessary or expedient so to do.   

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—   

(a) no person employed in any essential service to which the order relates shall go or 

remain on strike ;   

(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.   

(5) No order under sub-section (1) or sub-section (3) shall be made in respect of—  

(a) persons appointed to the secretarial staff of the Houses of the State Legislature, except 

at the request of the Chairman of the Legislative Council and the Speaker of the 

Legislative Assembly;   

(b) officers and employees of the High Court, except at the request of the Chief Justice of 

the High Court.  

5.  Power to prohibit lock-out in certain establishments.— (1) If the State Government is 

satisfied that in the public interest, it is necessary or expedient so to do, it may, by general or special 

order, prohibit lock-out in any establishment pertaining to any essential service specified in the order.   

(2) An order made under sub-section (1) shall be published in such manner as the State 

Government considers best calculated to bring it to the notice of the persons affected by the order. 



2023 : Mah. XXIX]  The Maharashtra Essential Services  5 

                                                               Maintenance Act, 2023    
(3) An order made under sub-section (1) shall be in force for six months only, but the State 

Government may, by a like order, extend it for a further period not exceeding six months, if it is 

satisfied that in the public interest, it is necessary or expedient so to do.   

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—  

(a) no employer in relation to an establishment to which the order applies shall declare or 

commence any lock-out;   

(b) any lock-out declared or commenced whether before or after the issue of the order, by 

any employer in relation to an establishment to which the order applies, shall be illegal.   

(5) Any employer in relation to an establishment who commences, continues or otherwise acts in 

furtherance of a lock-out which is illegal under this section, shall, on conviction, be punished with 

imprisonment for a term which may extend to six months, or with fine which may extend to three 

thousand rupees, or with both. 

6.  Power to prohibit lay-off in certain establishments.— (1) If the State Government is 

satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special 

order, prohibit lay-off, on any ground other than shortage of power or natural calamity, of any 

workman (other than a badli workman or a casual workman) whose name is borne on the muster roll 

of any establishment pertaining to any essential service specified in the order.   

(2) An order made under sub-section (1) shall be published in such manner, as the State 

Government considers best calculated to bring it to the notice of the persons affected by the order.   

(3) An order made under sub-section (1) shall be in force for six months only but the State 

Government may, by a like order, extend it for a further period not exceeding six months if it is 

satisfied that in the public interest it is necessary or expedient so to do.   

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—  

(a) no employer, in relation to an establishment to which the order applies, shall lay-off or 

continue the lay-off of any workman (other than a badli workman or a casual workman) whose 

name is borne on the muster roll of such establishment, unless such lay-off is due to shortage of 

power or natural calamity; and any laying off or continuation of laying off shall, unless such 

laying off or continuation of laying off is due to shortage of power or natural calamity, be 

illegal;   

(b) a workman whose laying off is illegal under clause (a) shall be entitled to all the 

benefits under any law for the time being in force as if he had not been laid-off.   

(5) Any employer in relation to an establishment who lays-off or continues the laying off of any 

workman shall, if such laying off or continuation of laying off is illegal under this section, on 

conviction, be punished with imprisonment for a term which may extend to six months, or with fine 

which may extend to three thousand rupees, or with both. 

7.  Penalty for illegal strike.— Any person who commences a strike which is illegal under this 

Act or goes or remains on, or otherwise takes part in, any such strike shall, on conviction, be punished 

with imprisonment for a term which may extend to one year, or with fine which may extend to three 

thousand rupees, or with both. 

8.  Penalty for instigation.— Any person who instigates or incites other persons to take part in 

or otherwise acts in furtherance of, a strike which is illegal under this Act, shall, on conviction, be 

punished with imprisonment for a term which may extend to one year, or with fine which may extend 

to three thousand rupees, or with both.   

9.  Penalty for giving financial aid to illegal strike.— Any person who knowingly expends or 

supplies any money in furtherance or support of a strike which is illegal under this Act, shall, on 

conviction, be punished with imprisonment for a term which may extend to one year, or with fine 

which may extend to three thousand rupees, or with both.   



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Maintenance Act, 2023 
10.  Action under section 7, 8 or 9 in addition to disciplinary action.— Any action taken 

under section 7, 8 or 9 shall not affect, and shall be in addition to, any action of a disciplinary nature 

or any consequence which may ensue, and to which any person may be liable by the terms and 

conditions of his service or employment.   

11.  Power to arrest without warrant and offences to be non-bailable.— (1) Notwithstanding 

anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any Police Officer may 

arrest without a warrant any person who is reasonably suspected of having committed any offence 

under this Act.   

(2) All offences under this Act shall be non-bailable.   

12.  Act to override other laws.— The provisions of this Act or any order issued thereunder 

shall have effect notwithstanding anything inconsistent therewith contained in the Maharashtra 

Industrial Relations Act (XI of 1947), the Industrial Disputes Act, 1947 (14 of 1947) or any other law 

for the time being in force.  

13.  Repeal of Mah. XVIII of 2018 and saving.— (1) The Maharashtra Essential Services 

Maintenance Act, 2017 (Mah. XVIII of 2018) (hereinafter referred to as “the principal Act”) is 

hereby repealed.   

(2) The repeal of the principal Act shall not affect—  

(a) anything done or any action taken (including any notification or order issued) under the 

provisions of the principal Act, or   

(b) any right, privilege or obligation or liability acquired, accrued or incurred under the 

principal Act, or   

(c) any penalty or punishment incurred in respect of any offence under the principal Act, 

or   

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, 

obligation, liability, penalty or punishment as aforesaid, and any such investigation, legal 

proceeding or remedy may be instituted, continued or enforced and any such penalty or 

punishment may be imposed as if the principal Act had not been repealed.