Uttar Pradesh Invokes ESMA, 1966

The Uttar Pradesh Essential Services Maintenance Act (ESMA), 1966, is a state legislation in Uttar Pradesh, India, designed to ensure the uninterrupted delivery of essential public services by prohibiting strikes and other forms of labor disruptions in critical sectors. Below is a concise overview based on available information:

Key Features of the Uttar Pradesh ESMA, 1966

Purpose:

·         To maintain the continuity of essential services vital to public welfare, such as electricity, water supply, public transport, and other state-managed services, especially during emergencies or crises.

Scope:

·         Applies to services deemed “essential” by the state government, including electricity departments, public health, sanitation, and government-run institutions like hospitals or transport services.

Prohibition of Strikes:

·         Under Section 3(1), the government can issue a notification to ban strikes in specified essential services for a period (typically six months, as seen in the June 11, 2025, notification for the electricity department).

·         Strikes, work stoppages, or any acts disrupting these services are prohibited during the specified period.

Penalties for Violation:

·         Violators, including employees participating in or instigating strikes, can be arrested without a warrant by the police.

·         Punishment includes imprisonment for up to one year, a fine of up to Rs 1,000, or both.