Why in the news?
Currently, ESMA has been implemented in many states to ensure that the government system does not deteriorate due to the covid-19 epidemic. Madhya Pradesh's government invoked the ESMA to tackle the Coronavirus spread. The ESMA is imposed to prevent an unnecessary strike.
What is ESMA ( Essential Services Maintenance Act)?
We live in a democratic country in which everyone is given equal rights. We often see that when some employee's demands are not met, they go on Strike, which causes people of the country to face the problem. So this law imposed to prevent unnecessary Strike.
ESMA is a law, an act passed by the parliament of India in 1968. Its main objective is to maintain a smooth movement of those things which necessary for the healthy life of the ordinary citizen. This law is imposed to prevent Strike.
ESMA is an act to provide for the maintenance of certain essential services and the healthy life of the community in India. ESMA enables the government to ban strikes and demand conciliation or arbitration in specific vital industries.
According to this law, the employee and officers associated with essential service will not be able to go on leave or Strike. If the employees of any vital department in a state go on Strike and the government does not accept their demands and ask them to end the strike, and even then they do not stop the Strike, then the government takes legal action against those who violate this law under ESMA.
But before implementing ESMA, the employee affected by this are notified through a newspaper or other means. This can be imposed for a maximum period of 6 months,s but if the central government believes that it needs to be extended further, it can be reached. After the enactment of this law, the government has received a number of rights to act on the striking employees.
What are the essential services?
Any services with respect to which the parliament has the power to make laws, or the government feels that its discontinuation would affect the maintenance of supplies and assistance necessary for sustaining life is considered an essential service.
Like service related to
1. Hospital services
2. Water supply services
3. Conservancy services
4. Any assistance in Defence establishment of the country
5. Any assistance in the security press.
6. Telephone services
are considered essential functions. Communication and transportation services and any government undertaking related to the purchase and distribution of food grains are also subjected to this act.
Punishment under the ESMA:
1. The employee can not even refuse to work overtime if their work is considered necessary for the maintenance of any of the essential services.
2. If an employee goes on Strike after the implementation of ESMA, it is illegal and punishable. Any employee going on a strike in voilatiation of the law can be arrested without warrant.
3. Any person who insists another person to participate in the Strike may face imprisonment for a term of one year or a fine of 1000 rupees or both.
4. If a person finances a strike, it is a crime under this law. Such a person can face imprisonment of up to one year or fine of one thousand rupees or both.
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