Uttar Pradesh
Uttar Pradesh Invokes ESMA
- 20 Feb 2024
- 2 min read
Why in News?
The Uttar Pradesh government invoked the Essential Services Maintenance Act (ESMA),1968 banning strikes by government employees in all State government departments, corporations, and authorities for a period of six months.
- The decision came during ongoing farmers strike called by various union organisations.
Key Points
- Under sub section (1) of the section-3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 (UP Act No 30 of 1966), the State government prohibited strike for a period of six months.
- The Act gives the police the power to arrest the employees violating provisions without a warrant and imprisonment for a term which may extend up to one year or a fine which may extend to ₹1,000 or both, to any person who instigated a strike which was illegal under the Act.
- In the past, the UP government had banned strikes for six months during the peak of the Covid-19 pandemic, and again in May 2021.
The Essential Services Maintenance Act, 1968
- It was enacted in 1968 to ensure the delivery of certain services, which if obstructed would affect the normal life of the people.
- It is a law made by the Parliament of India under List No. 33 in Concurrent List of 7th Schedule of Constitution of India.
- Services fall under this category are:
- Services relating to public conservation, sanitation, water supply, hospitals, or national defence are essential.
- Any establishment involved in producing, delivering, or distributing petroleum, coal, electricity, steel, or fertilizer also gets classified as providing essential services. Aside from that, any banking-related service may be subject to ESMA.
- This statute also applies to communication and transportation services and any government initiative relating to the acquisition and distribution of food grains.
