Rajasthan Essential Services Maintenance Act, 1970

Rajasthan Essential Services Maintenance (Amendment)Act, 1982 

(Act No. 5 of 1982) 

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

Rajasthan Essential Services Maintenance (Amendment)Act, 1982. 

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

(3) It shall be deemed to have come into force on the 20
th
 day of January, 

1982. 

2. Definitions.- (1) In this Act, unless the context otherwise requires.- 

(a) "essential service" means 

(i) any public service in connection with the affairs of the State of Rajasthan; 

(ii) any service under the educational institutions recognised by the Director 

of Education, Rajasthan, or by the Board of Secondary Education, 

Rajasthan; 

(iii) any service under a local authority; 

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(iv) any other service connected with matters with respect to which the 

State Legislature has power to make laws and which the State Government 

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: 

Provided that the State Government shall not make a declaration under this 

sub-clause in respect of a service connected with matters enumerated in List 

III in the Seventh Schedule of the Constitution, if the Central Government 

has made any declaration under sub-clause (xvii) of clause (a) of sub-section 

(1) of section 2 of the Essential Services Maintenance Act, 1981 (Central 

Act No. 40 of 1981) in respect of such service;”; and 

                                                           
1
 Inserted by notification dated 25.03.1982 



(b) "strike" means any cessation of work (including any authorised absence 

from duty) by a body of persons employed in any essential service acting in 

combination or a concerted refusal or a refusal under a common 

understanding or 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 over-time 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. 

1
(2) Every notification issued under sub-clause (iv) of clause (a) of sub-

section (1) shall be laid before the 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 insession, 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 the House of the State Legislature.”  

3. 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, by general or special order prohibit strikes in 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 operation for six months 

only, but the State Government may, by a like order, extend it for any 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) 

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

shall go or remain on strike. 

                                                           
1
 Inserted by notification dated 25.03.1982 



(b) any strike declared or commenced, whether before or after the issue of 

the order, by persons employed in such service shall be illegal. 

4. Penalty for illegal strikes.- Any person who commences a strike which is 

illegal under this Act or goes or remains in, or otherwise takes part in, any 

such strike shall be punishable with imprisonment for a term which may 

extend to six months, or with fine which may extend to two hundred rupees, 

or with both. 

5. Penalty for instigation, etc.- Any person who instigates or incites other 

persons to take part in, or otherwise acts in furtherance of, a strike which is 

or would be illegal under this Act, shall be punishable with imprisonment for 

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

thousand rupees, or with both. 

6. Penalty for giving financial aid to illegal strikes.- Any person who 

knowingly expends or supplies any money in furtherance or support of a 

strike which is or would be illegal under this Act, shall be punishable with 

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

may extend to one thousand rupees, or with both. 

7. 1
Power to arrest without warrant.- Notwithstanding anything contained in 

the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), any 

police officer may arrest without warrant any person who is reasonably 

suspected of  having committed any offence punishable under this Act. 

8. 2
Act to over-ride other laws.- The provisions of this Act and of any order 

issued there under shall have effect notwithstanding anything inconsistent 

therewith contained in the Industrial Disputes Act, 1947 (Central Act 14 of 

1947), or in  any other for the time being in force. 

9. 3
Repeal and Saving.- (1) The Rajasthan Essential Services Maintenance 

(Amendment) Ordinance, 1982  (Ordinance 1 of 1982) is hereby repealed. 

4
(2) Notwithstanding such repeal, anything done or any action taken under 

the principal Act as amended by the said Ordinance shall be deemed to have 

been done or taken under the Principal Act as amended by this Act. 

                                                           
1
 Inserted by notification dated 25.03.1982 

2
 Ibid  

3
Ibid  

4
 Ibid