Bhubaneswar: The Odisha Essential Services Maintenance Amendment Bill, 2020, which was passed by the State Assembly Monday, has made strike by employees engaged in essential public services unlawful.
The Odisha Essential Services (Maintenance) Act, 1988 was enacted to provide for the maintenance of certain essential services and ensure normal life of people in the state.
“In order to expand the scope of services covered under the Act, other services disruption of which results in grave hardship to the general public and jeopardise the administration, are proposed to be brought under its purview by way of amendment,” Minister of State (Mos) for Home Dibya Shankar Mishra said.
Making an amendment to section 2 of the Act, the government prohibited disruption in services related to fire service, public order, public safety and security. Services connected with excise, forest, prison and correctional service have also been brought under its purview.
Similarly, services in the establishments, undertakings and agencies of the state government connected with the matters related to electronics and information & communication whose interruption would affect public administration has been included in the Act, Mishra said.
The government has also included another sub-clause in the Act, which says, “Any other service in connection with the affairs of the state on which the state government is of the opinion that strikes therein would prejudicially affect the maintenance of any public utility service or services necessary for life of the community, it may, by notification, declare to be an essential service for the purpose of this Act.” It means the government has the power to impose ESMA on any public utility service by issuing a notification.
In the existing Act, the government has included services connected to transportation, water supply, public health & sanitation and power supply under the ESMA. The government has also included provisions for penalty and punishment for irate employees and instigators.
As per the new norms, an individual who expends or supplies money in furtherance of or in support of strike which is illegal under the Act, will be punished with imprisonment for one year or with fine upto `5,000 or both.
Similarly, the amended Act has provision to take disciplinary action against an employee who participates in a strike which is illegal under the Act or instigate others to hold such strike.
The Assembly also passed Bills for minor amendment to the Odisha Lokayukta Act, 2014 and Odisha Local Fund Audit Act, 1948.
