Section 3

Power to prohibit strikes in essential defence services.

The Essential Defence Services Act, 2021

  • Act 25 of 2021
  • Ministry of Defence
  • Department of Defence Production
About this Act

An Act 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 or incidental thereto.

All sections
    3. Power to prohibit strikes in essential defence services.—(1) If the Central Government is satisfied that in the—
        (a) public interest; or
        (b) interest of the sovereignty and integrity of India; or
        (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 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 fit to bring it to the notice of the persons affected 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 satisfied 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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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