Act Repealed by 11 of 2006, Essential Service, Strike

The following Act of the Tamil Nadu Legislative Assembly received the assenf of
the President on the 24;h September 2002 and is hereby published for general
ACT No. 36 OF 2002.
An Act to provide for stricter enforcement of discipline among certain essential
services and to provide for matters connected therewith.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-tbird
Year of the Republic of India as follows:- , *

  1. (1) This Act may be called the Tamil Nadu Essential Services Maintenance Act, short title,
    extent and
    (2) It extends to the whole of the State of Tamil Nadu. ment.
    (3) It shall come into force at once.
  2. (1) In this Act, unless the context otherwise requires,- Definitions.
    (a) “essential service” means-
    (i) any service connected with the supply of water or electricity;
    (ii) any transport service for the carriage of pa! sengers or goods by motor
    Explanation.- For the purpose of this sub-clause and sub-clause (iii), the expre;%on
    “motor vehicle” shall have the same meaning assigned to it in clause (28) of sectioh 2
    of the Motor Vehicles Act, 1988;
    (iii) any service connected with workshop for the maintenance or repair
    of the motor vehicles of any transport service referred to in
    sub-clause (ii);
    (iv) any service connected with public health and sanitation, including
    hospitals and dispensaries anti public conservancy:
    Power to
    strikes in
    (v) any service con~ected with a Municipal Corporation, Municipal
    Council or other Local Authorities;
    (vi) any Fire Brigade Service;
    (vii) any p,’>lic services and posts in connection with the affairs of the State,
    and also perso’ns appointed to the Secretarial staff of the State Legislative
    Assembly and the officers and servants of the High Court;
    (viii) any other service or employment or class thereof connected with any
    matter with respect to which the State Legislature hzspower to make laws
    under List-I1 in the Seventh Schedule to the Constitutio~l and which the
    Government, being of opinion that strikes therein would prejudicially
    affect the maintenance of my 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, declare to be an essential service for the
    purpose of this Act;
    (b) “Government” means the State Government;
    (c) “strike” means the cessation of work by a body of persons while employed in any
    essential service acting in combination or a concerted refusal or a refusal under a
    conimon understanding of any number of persons who are or have been so
    employed to continue to work or to accept work assigned, and includes-
    (i) refusal to work overtime where such work is necessary for the maintenance of
    any essential service; , ,
    (ii) any other conc.uct which is likely to result in, or results in cessation or
    stthstatrtirl tvta:\tation of \wrk in any csset~tisl sen-ice.
    (2) (a) 5vu-y a~ti~ktrttm isu& m&r sub-clause (viii) of clause (3) of sub-section
    (1) shall be placed otr the Table of the Snrr Ltyishtive Asscrnbl!- immediately after it is
    tnadc. if the ;\sscmbIy is in srssic>n. and on the tint cia?. ofthe nest session ofthe Assembly,
    if it is trot in scssi~\n, rtrd .&all w-rlsc hb iqwcste at the expiration of forty days from the date
    ot’its being? so pl*cc\i or ti-0111 the w-assembly of the =\sszmb@, as the case may be, unless
    hctbrz thcckprimtiou of that periti. a resolution appmving tho issue of the notification 15
    passed by thc Assembly;
    (b) Where any notification ceases to operate by or under this sub-section, the
    cesser shall be without prejudice to anything done or omitted to be done before such
    cesser. ,
  3. (1) Ifthe Government are satisfied that in the public interest or in the interest of the
    public order, it is necessary or expedient so to do, they may, by general or special order,
    prohibit strikes in such essential service and from such date as may be specified in the
    (2) An order made under sub-section ( 1) shall be published in such manner as the
    Government consider best calculated to bring it to the noticc: of the persons affected by
    the order.

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