Essential Services Maintenance Act (ESMA)

About Essential Services Maintenance Act (ESMA)

• ESMA was enacted by the Parliament of India in 1968.
• Its main objective is to maintain the smooth movement of those things which are essential for the normal life of the common citizens.
• It can be imposed for a maximum period of 6 months, but the Central Government can extend it for any period not exceeding 6 months if it is satisfied that in the public interest it is necessary to do so.
• It can be invoked by the central government in case of a national-scale disruption, such as on the railways.
• State governments also have their own state specific ESMA which they can invoke in case of disruptions that only affect a state or states.
  • Before enforcing, the government must alert the employees through media or newspaper notifications.

Services that fall under ESMA

• Services related to public conservation, sanitation, water supply, hospitals and national defence.
• Any establishment involved in producing, delivering or distributing petroleum, coal, electricity, steel or fertiliser.
• It also applies to communication and transportation services and any government initiative relating to the acquisition and distribution of food grains.

Key Features of ESMA

• Purpose:
  • To regulate strikes and lockouts in services deemed essential to the community.
  • To ensure the uninterrupted delivery of critical services.
• Scope of the Act:
  • The Act applies to a variety of essential services, such as:
    • Transportation (railways, buses, air travel).
    • Water supply.
    • Energy (electricity generation and distribution).
    • Public health (hospitals, sanitation).
    • Communication (postal, telecommunications).
  • The government can declare any other service as essential if necessary.
• Prohibition of Strikes:
  • ESMA prohibits strikes by employees in essential services during its operation.
  • Individuals or groups defying the Act can face penalties, including fines or imprisonment.
• Powers of the Government:
  • The central or state government can invoke ESMA for a specified duration, typically up to six months, but it can be extended if required.
  • The Act allows the government to take action against individuals or groups engaging in or instigating strikes.
• Penalties:
  • Participants in illegal strikes may face:
    • Imprisonment: Up to 6 months.
    • Fines: Up to ₹1,000, or both.

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