Essential Defence Service Bill introduced in Lok Sabha

Essential Defence Service Bill introduced in Lok Sabha

Subject : Legislations

Context : The Essential Defence Services Bill, 2021, introduced by Minister of State for Defence Ajay Bhatt amid din created by the Opposition over three new agri laws and the alleged Pegasus snooping controversy, seeks to replace an ordinance issued in June.

Concept :

Key features of the bill

• Prohibition on strikes, lock-outs, and lay-offs: Under the Ordinance, the central government may prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.
• The government may issue such an order if necessary in the interest of: (i) sovereignty and integrity of India, (ii) security of any state, (iii) public order, (iv) public, (v) decency, or (vi) morality.
• The prohibition order will remain in force for six months, and may be extended by six months.
• Punishment for illegal lock-outs and lay-offs: Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one year imprisonment or Rs 10,000 fine, or both.
• Punishment for illegal strikes: Persons commencing or participating in illegal strikes will be punished with up to one year imprisonment or Rs 10,000 fine, or both.
• All offences punishable under the Ordinance will be cognisable and non-bailable.
• Public utility service: The Ordinance amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services.
• Under the Act, in case of public utility services, a six-week notice must be given before: (i) persons employed in such services go on strike in breach of contract or (ii) employers carrying on such services do lock-outs.