UT invokes stringent Haryana ESMA
The UT Administration has now invoked the Haryana Essential Services (Maintenance) Act (ESMA), 1974, which is more stringent than the East Punjab Essential Services (Maintenance) Act, 1947, ahead of January 1 strike call given by the power staff.
The UT Powermen Union has threatened to boycott work from January 1 in protest against the privatisation of the UT Electricity Department.
A day after the Ministry of Home Affairs (MHA) extended the Haryana Act to Chandigarh, the Administration replaced the East Punjab Act invoked on December 5.
The new Act gives more power to the department to take action against the violators of ESMA, said a senior officer of the administration.
According to the notification issued by the administration, the UT Administrator is satisfied that any strike in the Electricity Department shall affect the generation and maintenance of supply of electricity, which is an essential service to the community and is likely to adversely affect the generation and supply of electricity to the public in the city. In exercise of the powers conferred by Section 3 of the Haryana Essential Services (Maintenance) Act, 1974, the UT Administrator declared employment of the Electricity Department as an essential service to which the provisions of Act will apply. Further, in exercise of powers conferred by Section 4A of the Act, the Administrator prohibits strike in the department by any of their employees for a period of six months with immediate effect.
As part of the major structural reforms in the power sector, Kolkata-based Eminent Electricity Distribution Limited (EEDL), a subsidiary of the RP Sanjiv Goenka (RPSG) Group, was declared the highest bidder on August 5, 2021. The company had quoted a bid of approximately Rs 871 crore, significantly higher than the reserve price of Rs 175 crore.
The UT Engineering Department is likely to hand over liabilities of the department to the company by the end of this month.
Meanwhile, in communication circulated, the UT Department of Personnel directed all head of the departments to ensure actions accordingly for any unauthorised absence in their department and also ensure that all the officers/officials working under their control mark their attendance on regular basis. In case of any unauthorised absence, the head of the department shall provide the list of absentees to the Secretary, Personnel, along with actions being taken against the unauthorised absentees.
What new Act says
The new Act will apply to any person who disobeys any lawful order given to him in the course of such employment
Who, without reasonable excuse, abandons such employment or absents himself from work
Who departs from any area specified in an order made under Sub-section (1) of Section 4 without the consent of the authority making the order
Who himself takes part in or instigates or incites other persons to take part in any illegal strike
Who knowingly expends or supplies any money in furtherance or support of any illegal strike; shall be guilty of an offence under this Act.
