THE SIKKIM ESSENTIAL SERVICES MAINTENANCE (AMENDMENT) ACT, 2002
(ACT NO. 1 OF 2002)
An Act to amend the Sikkim Essential Services Maintenance Act, 2002.
Be it enacted by the Legislature of Sikkim in the Fifty Third year of the Republic of India as follows :-
Short title Extent and Commencement
1. (1) This Act may be called the Sikkim Essential Services Maintenance (Amendment) Act, 2002.
(2) It extends to the whole of Sikkim.
(3) It shall come into force at once.
Amendment of Section 2.
2. In the Sikkim Essential Maintenance Act, 2000, (hereinafter referred to as the said Act), in section 2, after clause (a), the following clause shall be inserted, namely :-
“(aa) ‘ employment’ includes employment of any nature whether paid or unpaid”
Insertion of new Section 2A.
3. In the said Act, after section 2, the following new section shall be inserted, namely :-
‘2A. Employment to which Act applies :- this Act shall apply :-
(i) to all employment under the Government;
(ii) to any other employment or class of employment which the Government, being of the opinion that such employment or class of employment is essential for securing the public safety, the maintenance of public order, health or sanitation, or for maintaining supplies or services necessary for the life of the community, may, be notification, declare”.
Insertion of new Section 3A
4. In the said Act, after section 3, the following new section shall be inserted, namely :-
“3A. Power to order persons engaged in certain employment to remain in specified areas.
(i) the Government or an officer authorized by it in this behalf, may, in respect of any employment or class of employment to which section 2A applies by general or special order, direct that any person or persons engaged in such employment shall not depart out of such area or areas as may be specified in such order.
(ii) An order made under sub-section (1) shall be published in such manner as the Government or the officer making the order considers fit to bring it to the notice of the persons affected thereby”.
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