Section 9
Power to prohibit lockouts in any industrial establishment or unit engaged in essential defence services.
The Essential Defence Services Act, 2021
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.
9. Power to prohibit lockouts in any industrial establishment or unit engaged 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 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 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 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 fine which may extend to ten thousand rupees, or with both.
(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 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 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 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 fine which may extend to ten thousand rupees, or with both.