Uttar Pradesh

• 20 Feb 2024

Uttar Pradesh Invokes ESMA

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 7^th 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.