**Executive Summary**
The document is a republication of the Essential Defence Services Ordinance, 2021, promulgated by the President of India. It aims to maintain essential defence services and ensure national security. The ordinance came into force immediately upon promulgation on June 30, 2021 and extends to the whole of India.
**Key Points / Main Content**
*Essential Defence Services*
* Includes services in establishments dealing with the production of defence-related goods or equipment.
* Services in establishments connected with armed forces or installations related to defence.
* Other services declared essential by the Central Government if their cessation would negatively affect defence equipment production, maintenance, or repair.
*Prohibition of Strikes*
* The Central Government can prohibit strikes in essential defence services if deemed necessary in the public interest or for national security, sovereignty, integrity, decency, or morality.
* Orders prohibiting strikes are valid for six months but can be extended.
* Strikes violating the ordinance are illegal.
* Police officers are authorised to take measures, including using force, to remove individuals whose presence is detrimental to the functioning of essential defence services.
*Penalties and Disciplinary Action*
* Employees commencing or participating in illegal strikes are liable for disciplinary action, including dismissal.
* Inquiry before dismissal is not necessary if deemed impractical.
* Penalties for illegal strikes include imprisonment (up to one year) or fines (up to ten thousand rupees), or both.
* Instigating illegal strikes can result in imprisonment (up to two years) or fines (up to fifteen thousand rupees), or both.
* Providing financial support for illegal strikes can result in imprisonment (up to two years) or fines (up to fifteen thousand rupees), or both.
*Prohibition of Lock-outs and Lay-offs*
* The Central Government can prohibit lock-outs in industrial establishments engaged in essential defence services.
* Lock-outs violating the ordinance are illegal.
* Employers who commence or continue an illegal lock-out are punishable with imprisonment (up to one year) or fines (up to ten thousand rupees), or both.
* The Central Government can prohibit lay-offs in industrial establishments or units engaged in essential defence services, unless due to power shortage or natural calamity.
* Lay-offs violating the ordinance are illegal.
* Employers who illegally lay-off or continue to lay-off employees can be imprisoned (up to one year) or fined (up to ten thousand rupees), or both.
*Legal and Procedural Aspects*
* Police officers can arrest without a warrant individuals suspected of offences under the ordinance.
* Offences are to be tried summarily.
* Offences are cognizable and non-bailable.
* The ordinance overrides conflicting provisions in the Industrial Disputes Act, 1947, or any other existing law.
* Notifications issued under the ordinance are to be laid before each House of Parliament for potential modification or annulment.
**Impact Analysis**
* **Central Government:**
*Impact:* Responsible for issuing orders prohibiting strikes, lock-outs, and lay-offs, and for enforcing the provisions of the ordinance.
*Action Required:* Monitor the functioning of essential defence services, assess the need for orders under the ordinance, and ensure compliance.
* **Employers in Essential Defence Services:**
*Impact:* Restricted from declaring illegal lock-outs or lay-offs. Subject to penalties for violations.
*Action Required:* Ensure compliance with the ordinance and any orders issued thereunder.
* **Employees in Essential Defence Services:**
*Impact:* Prohibited from participating in illegal strikes and subject to disciplinary action for violations.
*Action Required:* Adhere to the ordinance and avoid participation in illegal strikes.
* **Police Officers:**
*Impact:* Empowered to take action to maintain essential defence services and enforce the ordinance.
*Action Required:* Enforce the ordinance, arrest individuals suspected of offences, and take measures to remove individuals whose presence is detrimental to essential defence services.
* **Parliament:**
*Impact:* Reviews and potentially modifies or annuls notifications issued under the ordinance.
*Action Required:* Review notifications and decide whether to make modifications or annulments.
Key Entities Referenced
The Essential Defence Services Ordinance, 2021 : An Ordinance to provide for the Maintenance of Essential Defence Services, prohibiting strikes and lockouts in certain establishments.
Central Government : Empowered by the Ordinance to declare services as essential defense services and prohibit strikes/lockouts.
Ministry of Law and Justice : The department responsible for legislative affairs that republished the ordinance.
Industrial Disputes Act, 1947 : The ordinance modifies certain sections of this act to include essential defence services.
India : The ordinance extends to the whole of India.
See Full Document Text
© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2021 [Price: Rs. 2.40 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY
No. 31] CHENNAI, WEDNESDAY, AUGUST 4, 2021
Aadi 19, Pilava, Thiruvalluvar Aandu – 2052
Part IV—Section 4
CENTRAL ACTS AND ORDINANCES
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th June 2021 / Asadha 9, 1943 (Saka).
The following Central Ordinance promulgated by the President of India is hereby
re-published for general information:—
THE ESSENTIAL DEFENCE SERVICES ORDINANCE, 2021
No. 7 OF 2021
Promulgated by the President in the Seventy-second year of the Republic of India
An Ordinance to provide for the Maintenance of Essential Defence Services so as
to secure the security of nation and the life and property of public at large and for matters
connected therewith in incidental thereto.
W(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3465)(cid:3483) Parliament is not in session and the President is satisfi ed that circumstances
exist which render it necessary for him to take immediate action;
N(cid:3479)(cid:3487) T(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3470)(cid:3479)(cid:3482)(cid:3469), in exercise of the powers conferred by clause (1) of article 123 of the
Constitution, the President is pleased to promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Essential Defence Services Ordinance, 2021. Short title
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force at once.
[ 89 ]
IV-4-319 0 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4
Defi nitions. 2. (1) In this Ordinance, unless the context otherwise requires,—
(a) “essential defence services” means —
(i) any service in any establishment or undertaking dealing with
production of goods or equipment required for any purpose
connected with defence;
(ii) any service in any establishment of, or connected with, the armed
forces of the Union or in any other establishment or installation
connected with defence;
(iii) any service in any section of any establishment connected with
defence, on the working of which the safety of such establishment
or employee employed therein depends;
(iv) any other service, as the Central Government may, by notifi cation
in the Offi cial Gazette, declare to be essential defence services,
the cessation of work of which would prejudicially aff ect the —
(I) production of defence equipment or goods; or
(II) operation or maintenance of any industrial establishment or
unit engaged in production of goods or equipment required
for any purpose connected with defence; or
(III) repair or maintenance of products connected with defence;
(b) “strike” means the cessation of work, go-slow, sit down, stay-in, token
strike, sympathetic strike or mass casual leave, by a body of persons
engaged in the essential defence services, acting in combination or a
concerted refusal or a refusal under a common understanding of any
number of persons who are or have been so engaged to continue to
work or to accept employment, and includes—
(i) refusal to work overtime, where such work is necessary for the
maintenance of the essential defence services;
(ii) any other conduct which is likely to result in, or results in,
cessation or retardation or disruption of work in the essential
defence services.
(2) Words and expressions used herein and not defi ned but defi ned in the Industrial 14 of 1947.
Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.
Power to prohibit 3. (1) If the Central Government is satisfi ed that in the —
strikes in
essential defence (a) public interest; or
services.
(b) interest of the sovergnily and integrity of India; or
(c) security of any State; or
(d) public order; or
(c) decency; or
(f) morality,
it is necessary or expedient so to do, il may, by general or special order, prohibit
strikes in the essential defence services.
(2) An order made under sub-section (1) shall be published in such manner as the
Central Government may deem fi t to bring it to the notice of the persons aff ected by such
order.Aug. 4, 2021] TAMIL NADU GOVERNMENT GAZETTE 91
(3) An order made under sub-section (1) shall be in force for six months, but the
Central Government may, by a like order, extend it for any period not exceeding six months,
if it is satisfi ed that in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an order made under sub-section (1) —
(a) no person engaged in the essential defence services shall go or remain on
strike;
(b) any strike declared or commenced, whether before or after the issue of such
order, by persons engaged or employed in such services shall be illegal.
4. Where any order has been issued under sub-section (1) of section 3, any police Removal of
offi cer may take all such measures as such offi cer may deem fi t including the use of police Persons.
force, if he considers necessary, to remove any person, whose presence in any area
connected with the—
(a) defence equipment production services; or
(b) operation or maintenance of any industrial establishment or unit engaged
in production ormanufacturing of goods or equipment required for any
purpose connected with defence; or
(c) repair or maintenance of products connected with defence, would be prejudicial
to the functioning, safety or maintenance of the essential defence services.
5. (1) Any person — Dismissal of
employees
(a) who commences a strike which is illegal under this Ordinance or goes or participating in
remains on, otherwise takes part in, any such strike; or illegal strikes.
(b) who instigates or incites other persons to commence, or go or remain on, or
otherwise take part in, any such strike,
shall be liable to disciplinary action (including dismissal) in accordance with the same
provisions as are applicable for the purpose of taking such disciplinary action (including
dismissal) on any other ground under the terms and conditions of service applicable to him
in relation to his employment.
(2) Notwithstanding anything contained in any other law for the time being
in force or under the terms and conditions of service applicable to any
person employed in the essential defence services, before dismissing any
person under sub-section (1),no inquiry shall be necessary if the authority
empowered to dismiss or remove such person is satisfi ed that for some
reason, to be recorded by that authority in writing, it is not reasonably
practicable to hold such inquiry.
6. Any person, who commences a strike which is illegal under this Ordinance or Penalty for illegal
goes or remains on, or otherwise takes part in, any such strike, shall be punishable with strikes.
imprisonment for a term which may extend to one year or with fi ne which may extend to ten
thousand rupees, or with both.
7. Any person, who instigates or incites other persons to take part in, or otherwise Penalty for
acts in furtherance of, a strike which is illegal under this Ordinance, shall be punishable instigation, etc.
with imprisonment for a term which may extend to two years, or with fi ne which may extend
to fi fteen thousand rupees, or with both.
8. Any person, who knowingly expends or supplies any money in furtherance Penalty for giving
or support of a strike which is illegal under this Ordinance, shall be punishable with fi nancial aid to
imprisonment for a term which may extend to two years, or with fi ne which may extend to illegal strikes.
fi fteen thousand rupees, or with both.9 2 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4
Power to prohibit 9. (1) If the Central Government is satisfi ed that in the—
lock-outs in
any industrial (a) public interest; or
establishment or
unit engaged in (b) interest of the sovergnity and integrity of India; or
essential defence
(c) securily of any State; or
services.
(d) public order; or
(e) decency; or
(f) morality,
it is necessary or expedient so to do, it may by general or special order, prohibit
lock-outs in the industrial establishments or units engaged in the essential defence services.
(2) An order made under sub-section (1) shall be published in such manner as
the Central Government may deem fi t to bring il to the notice of the persons
aff ected by such order.
(3) An order made under sub-section (1) shall be in force for six months, but
the Central Government may, by a like order extend it for any period
not exceeding six months, if it is satisfi ed that in the public interest it is
necessary so to do.
(4) Upon the issue of an order under sub-section (1),—
(a) no employer engaged in the essential defence services shall commence any
lock-out; and
(b)any lock-out declared or commenced, whether before or after the issue of
such order, by any employer engaged in the essential defence services
shall be illegal.
(5) Any employer of an industrial establishment or unit engaged in the essential
defence services, who commences, continues, or otherwise acts in furtherance of a
lock-out which is illegal under this section, shall be punishable with imprisonment for a term
which may extend to one year or with fi ne which may extend to ten thousand rupees, or
with both.
Power to prohibit
10. (1) If the Central Government is satisfi ed that in the—
lay-off in any
industrial (a) public interest; or
estblishment or
unit engaged in (b) interest of the sovergnity and integrity of India; or
essential defence
services. (c) security of any State; or
(d) public order; or
(e) decency; or
(f) morality,
it is necessary or expedient so to do, it may, by general or special order, prohibit lay-
off , on any ground other than shortage of power or natural calamity, of any workman (other
than a badli workman or a casual workman) whose name is borne on the muster rolls of
any industrial establishment or unit engaged in the essential defence services.
(2) An order made under sub-section (1) shall be published in such manner as the
Central Government may deem fi t to bring it to the notice of the persons aff ected by the
order.Aug. 4, 2021] TAMIL NADU GOVERNMENT GAZETTE 93
(3) An order made under sub-section (1) shall be in force for six months, but the
Central Government may, by a like order, extend it for any period not exceeding six months,
if it is satisfi ed that in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an order under sub-section (1),—
(a) no employer in relation to an establishment to which such order applics
shall lay-off or continue the lay-off any workman (other than a badli workman or a casual
workman) whose name is borne’ on the muster rolls of any industrial establishment or
unit engaged in the essential defence services, unless such lay- off is due to shortage of
power or natural calamity, and any laying-off or continuation of laying-off shall, unless such
laying-off or continuation of laying-off is due to shortage of power or natural calamity, be
illegal;
(b) a workman whose laying-off is illegal under clause (a) shall be entitled to all
the benefi ts under any law for the time being in force as if he had not been laid-off .
(5) Any employer, of an industrial establishment or unit engaged in the essential
defence services, who lays-off or continues the laying-off of any workman shall, if such
laying-off or continuation of laying-off is illegal under this section, be punishable with
imprisonment for a term which may extend to one year or with fi ne which may extend to
ten thousand rupees, or with both.
2 of 1974. 11. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Power to arrest
police offi cer may arrest without warrant any person who is reasonably suspected to have without warrant.
committed any off ence under this Ordinance.
2 of 1974. 12. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, Off ences to be
all off ences under this Ordinance shall be tried in a summary way by any Metropolitan tried summarily.
Magistrate or any Judicial Magistrate of the fi rst class, specially empowered in this behalf
by the State Government and the provisions of sections 262 to 265 (inclusive) of the said
Code shall, as far as may be, apply to such trial:
Provided that in a case of conviction for any off ence in a summary trial under this
section, it shall be lawful for such Magistrate to pass a sentence of imprisonment for any
term for which such off ence is punishable under this Ordinance.
2 of 1974 13. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all Cognizance of
off ences punishable under this Ordinance shall be cognisable and non-bailable. off ences.
14. Any reference in this Ordinance to any law which is not in force in any area and to Reference of
any authority under such law shall, in relation to that area, be construed as a reference to other laws in
the corresponding law in force in that area and to the corresponding authority under such certain areas.
corresponding law.
15. No suit, prosecution or other legal proceedings shall lie against the Central Protection of
Government or any offi cer for anything which is in good faith done or intended to be done action taken in
under this Ordinance. good faith.
16. The provisions of this Ordinance and of any order issued thereunder shall have Ordinance to
eff ect notwithstanding anything inconsistent therewith contained in the Industrial Disputes override other
14 of 1947. Act, 1947, or in any other law for the time being in force. laws.
Amendment of Act 17. In the Industrial Disputes Act, 1947, in section 2, in clause (n), in sub-clause (ia),
14 of 1947. for the words “or dock”, the words “or dock or any industrial establishment or unit engaged
in essential defence services” shall be substituted.9 4 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4
Laying of 18. Every notifi cation issued under this Ordinance shall be laid, as soon as may be
notifi cations after it is made or issued, before each House of Parliament while it is in session for a total
before period of thirty days which may be comprised in one session or in two or more successive
Parliament.
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modifi cation in such
notifi cation or both Houses agree that the notifi cation should not be issued, the notifi cation
shall thereafter have eff ect only in such modifi ed form or be of no eff ect, as the case may
be; so, however, that any such modifi cation or annulment shall be without prejudice to the
validity of anything previously done under that notifi cation.
RAM NATH KOVIND,
President.
A(cid:3478)(cid:3479)(cid:3479)(cid:3480) (cid:3475)(cid:3485)(cid:3477)(cid:3465)(cid:3482) (cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3473)(cid:3482)(cid:3465)(cid:3484)(cid:3484)(cid:3465),
Secretary to the Government of India.
(Re-published by Order of the Governor)
A.S. PASUPATHI,
Additional Secretary to Government,
Law Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING,
CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU