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Stringent ESMA Bill passed in Karnataka Assembly

Stringent ESMA Bill passed in Karnataka Assembly

source: Deccan Herald

Striking work will be a non-bailable offence and police can arrest a striking employee without warrant under the Karnataka Essential Services Maintenance Bill, 2013 passed by the Legislative assembly here today.

The bill, popularly known as ESMA, is to put an end to employees working in water, power, health, transport and service sectors going on strikes, inconveniencing people.
The winter session of the state legislature is on here.

As per the bill, the definition under ESMA for essential services include any service connected with the production, generation, storage, transmission, supply or distribution of water or electricity and any transportation service for the carriage of passengers or goods by motor vehicles.

It gives government the power to declare even those services that the State has powers to make laws for under List II of the 7th Schedule of the Constitution, as essential services.

Upon conviction, those who commence a strike or continue to go on strike or takes part in any strike will be punished with a sentence up to one year or with fine up to Rs 5,000 or both. Those instigating or financing strikes also face the same punishment.

Those giving financial aid to illegal strike also will be booked under law. The order will come into force for a period of one year from the date the government publishes the order. However, it can be extended up to six months.

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Esma implementation in Karnataka

BANGALORE: Striking work will be a non-bailable
offense in Karnataka , once the Karnataka Essential
Services Maintenance Bill, 2013, which is tabled in the
winter session of the state legislature in Belgaum, is
passed.
Also, once the bill , popularly called as ESMA comes into
effect, the police can arrest a striking employee without
warrant. It is to put an end to employees working in
water, power, health, transport and service sectors
going on strikes, inconveniencing people.
As per the bill, the definition under ESMA for essential
services include any service connected with the
production, generation, storage, transmission, supply or
distribution of water or electricity and any
transportation service for the carriage of passengers or
goods by motor vehicles. It also gives the government the power to declare even those services that the State
has powers to make laws for under List II of the 7th Schedule of the Constitution, as essential services.
Upon conviction, those who commence a strike or continue to go on strike or takes part in any strike will be
punished with a sentence up to one year or with fine up to Rs 5,000 or both. Those instigating or financing
strikes also face the same punishment .
The order will come into force for a period of one year from the date the government publishes the order.
However, it can be extended up to six months.

Striking work will be a non-bailable offense in Karnataka