Essential Services (Maintenance) Ordinance, 2001 (1944 A. D.)
No: 9 Dated: Oct, 02 2001
THE ESSENTIAL SERVICES (MAINTENANCE) ORDINANCE, 2001 (1944 A. D.)
(Ordinance No. IX of Samvat 2001)
An Ordinance to make provision for the maintenance of certain essential service.
Preamble. - Whereas the Essential Services (Maintenance) Ordinance No. 1 of 2001 was by virtue of section 38 of the Jammu and Kashmir Constitution Act, 1996, to remain in force for a period of six months from the date of its promulgation, and the period of enforcement of the said Ordinance has since terminated :
And whereas an emergency still exists which renders it necessary to make provision for the maintenance of certain essential services ;
Now, therefore, in exercise of the inherent powers reserved to His Highness by section 5 of the Jammu and Kashmir Constitution Act, 1996. His Highness is pleased to issue the following Ordinance
1. Short title, extent and commencement. - (1) This Ordinance may be called the Essential Services (Maintenance) Ordinance IX of 2001.
(2) It shall extend to the whole of the Jammu and Kashmir State.
(3) It shall be deemed to have come into force on and from 2nd Katik, 2001.
2. Interpretation. - In this Ordinance, unless there is anything repugnant in the subject or context, "employment" includes employment of any nature and whether paid or unpaid.
3. Employment to which this Ordinance applies. - This Ordinance shall apply to all employment under the Government and to any employment or class of employment which the Government being of opinion that such employment or class of employment is essential for securing the defence of the State, the public safety, the maintenance of public order or the efficient prosecution of war, or for maintaining supplies or services necessary to the life of the community may, by notification in the Government Gazette, declare to be an employment to which this Ordinance applies.
4. Power to order persons engaged in certain employments to remain in specified areas. - (1) In respect of any employment under the Government and the respect of any employment or class of employment declared under section 3 to be an employment or class of employment to which this Ordinance applies, the Government making the declaration, or an office authorised in this behalf by the Government may, by general or special order, direct that any person or person engaged in such employment shall not depart out of such area as may be specified in such order.
(2) An order made under sub-section (1) shall be published in such manner as the Government or officer making the order consider best calculated to bring it to the notice of the persons affected by the order.