The Haryana Essential Services Maintenance Act, 1974 (40 of 1974)

HARYANA GOVT GAZ. (EXTRA.), DECEMBER 16, 1974 863 (AGRAHAYANA 25, 1896 SAKA) PART I LEGISLATIVE DEPARTMENT Notification The 16th December, 1974 No. 46-Leg/74.—The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 13th De- cember, 1974 and is hereby published for general information :— Haryana Act No. 40 of 1974 THE HARYANA ESSENTIAL SERVICES MAINTENANCE ACT 974 AN ACT to provide for the maintenance ofessential services in the State of Haryana and for matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Haryana in the Twenty- fifth Year of the Republic of India as follows :- 1. (1) This Act may be called the Haryana EssentialServices Main-short title tenance Act, 1974. and extent. (2) It extends to the whole of the State of Haryana. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "employment" includes employment of any nature whether paid or unpaid ; (b) "Government" means the Government of the State of Haryana ; (c) "prescribed" means prescribedbyrules made under this Act. 3. Th,ls Act shall apply— Employment towhich Act (I) to all employment under the Government; applies. (ii) to any other employment or class of employment which the Government, being of the opinion that such employment or class of employment is essential for securing the public safety, the maintenance of public order, health or sanitation, or for maintaining supplies or services necessary for the life of the community, may, by notification, declare. 4. (I) The Government or an officer authorised by It in this behalf Power to may, in respect of any employment or class o f employment to which section 3 order per- applies, by general or special order, direct thatany person or personsengagedsons engaged In such employment shall not depart out of such area or areas as may bein certain specified In such order. employment to remain in specified (2) An order made under sub -section(1)shalltbe published in suchareas. manner as the Government or the officer making the order considers fit to bring it to the notice of the persons affected thereby. 5. (1) Any person engaged In any employment or class of employment Offences. to which this Act applies, who— (a) disobeys any lawful order given to him In the course of such em- ployment ; (b) without reasonable excuse abandons such employment or absents himself from work ; or 866 HARYANA GOVT GAZ. (EXTRA.), DECEMBER 16, 1914 (AGRAHAYANA 25, 1896 SAKA) .96 (c) departs from any area specified in an order made under sub -section (/) of section 4 without the consent of the authority making the order ; shall be guilty of an offence under this Act. Explanation 1.--Thc fact that a person apprehends that by continuing Inhis employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.--A person abandons his employment within the meaning of clause(b) Who,altwithstanding that it is an express or implied term of his contract of employment that he may get his employment terminated on giving notice to his employer of his intention to do so, abandons his employment without the previous consent of his employer. (2) Any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment to Which this Act applies, who without reasonable cause— (a) discontinues the employment of such person ; or (b) by closing an establishment in which such person is engaged causes the discontinuance of his employment; shall be guilty of an offence under this Act. Regulation 6. (I) The Government may make rules regulating or empowering of wages and a specified authority to regulate wages and other conditions of service of °t)nd-iti"s of persons or any class of persons engaged in any employment or class of ern- service. ployment declared as such under section 3. (2) When any such rules have been made or when any directions regulat- ing wages or conditions of service have been given by an authority empowered by such rules to give such directions, any person falling to comply with them shall be guilty o f an offence under this Act. ties and 7. (1) Any person found guilty of an offence under this Act shall, on Penal procedure. conviction, be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Where an offence under this Act has been committed by a company, every person fncharge of, or responsible to, the company for the conduct of its business at the time of the commission of the offence shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment if he proves that the offencewas committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub -section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, a director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be proceeded against and punished accordingly. PUNJAB GOVT GAZ. (EXTRA.), DEC. 16, 1974 867 (AGHN. 2$, 1896 SAKA) Expkneition.—For the purposes of this section,— (a) "company" means any body corporate, and includes a firm or other association of individuals ; and (b)"director" in relation to a firm means a partner in the firm. (4) No court shalt take cognizance of any offence under this Act except upon a complaintin Writing made bya person authorised in this behalf by the Government. (5) Any magistrate orbenchof magistrates empowered for the time being to try in a summary manner the offences specified in sub -section(I)of section 260 of the Code of Criminal Procedure, 1973, may, if such magistrate or bench of magistrates think(s) fit, on an application made, in this behalf, by the com- plainant, try any offence under this Act in accordance with the provisions contained in sections 262 to 26$ of the said Code. 8. No suit, prosecution or other legal proceedings shall lie against any person foranything which is In good faith done or intended to be done underIndemnity. this Act or the rules made thereunder. 9. Any declaration, order, rule or regulation made and any direction over.ridirm given under this Act shall have effect notwithstanding anything contained effect of In anyother law for the time being in force. orders, rules. etc. rnade under the Act. 10, The East Punjab Easential Services (Maintenance) Act, 1947 (East Punjab Act 13 of 1947), in its application to the State of Haryana, is hereby repealed. A. N. AGGARWAL, Under Secretary to Government, Haryana, Legislative Department.