TESMA – Tamil Nadu Essential Service and Maintenance Act: In Tamil Nadu, Esma is the most famous and sensational event. In 2003, after a general strike by the government and government officials, the Tamilnadu government asked ESMA to eliminate 170, 000 staff. Then, certain assistance is given and the number of workers deleted ultimately decreases to 6, 074. The court also submitted an assessment in providing this assistance, establishing a precedent for the rights of government employees to strike, and the court clearly stated that they did not do it.
Tamilnadu ESMA (TESMA) is very unique in the sense that ‘strike’ in this law includes not only rejection of employees associated with ‘important services’ to’ continue working or receiving assigned work, ‘but also’ rejection to work. Overtime ‘and’ other behaviors that tend to produce, or produce, termination or substantial delay in any important service. ‘TESMA allows for involvement in strikes involving important services to impose sentence of up to 3 years in prison and a fine of 5, 000 rupees. Under Tesma, an activist who called for a strike or incited workers to strike, or anyone who gave financial support to conduct a broken behavior, at risk of the same punishment as a strike worker. Tesma covers a large number of public services in the definition of “important”, including those related to water and electricity supply, passengers and transportation transportation, fire blackouts, and public health.
In 2011 the Gujarat government imposed ESMA in the UN Health Care provider of the Institute for Cardiology and Research which strikes, which calls for recommendations for the sixth payment committee to be implemented.
Important provisions of these actions
This action also provides certain penalties:
Section 3 of the law gave the central government of power with special commands to prohibit important service strikes. The government itself must include the critical service industry in the command. While in the public interests of the central government can issue such orders, or if it’s wise to do it. Thus, if someone started a strike after giving a special order to the central government, the strike was illegal.
Part 5 also stipulates that someone who started such a strike can be punished with a prison sentence that does not exceed six months, or a thousand rupees or both can be fined.
Part 6 states that someone who incited or incited strikes which are illegal influences for part 3 of actions can be punished by imprisonment of up to one year or a fine of 2, 000 rupees or both. Part 7 states that people who provide financial assistance for such attacks will be punished by prison two thousand rupees or good for one year or fine.
Part 8 of the action gives power to the police to be arrested without a warrant. Apart from the provisions of the 1973 criminal procedure code, each police officer will arrest, without a warrant, anyone who is suspected of violating in this action.
Section 9 states that violations committed based on this action must be tried. Whatever is contained in a criminal procedural code in 1973, in a summary, the form, a first-class justice judge is specifically empowered in this matter by [the state government] and, as far as possible, in accordance with section 262 to 265 (both include) the code will applies to the trial in all violations based on the criminal procedure code. TIFS beliefs are carried out for any crime in the summary take place under this paragraph, so for any terms that are offended in this action can be penalized, the judge must enforce a prison sentence.
