Section 12 in The Maharashtra Essential Services Maintenance Act, 2005
12. Act to override other laws.
- The provisions of this Act or any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the Bombay Industrial Relations Act, 1946 (Bombay XI of 1947), the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force.NotificationsNo. CDR. 1004/CR-38/04/16-A, dated 27th May, 2005 (M.G.G., Part IV-B, page 630). - In exercise of the powers conferred by sub-section (3) of section 1 of the Maharashtra Essential Services Maintenance Act, 2005 (Maharashtra XXXVII of 2005), the Government hereby appoints the 27th day of May, 2005, to be the date on which the said Act shall come into force.No. EST. 007/CR-25/07/NRG-2, dated 14th August, 2007 (M.G.G., Part IV-B, page 1351). - Whereas, the Maharashtra State Electricity Distribution Company Limited, (MAHADISCOM). the Maharashtra State Power Generation Company Limited (MAHAGENCO), and the Maharashtra State Electricity Transmission Company Limited (MAHATANSCO) (hereinafter referred to as "the said establishments") are engaged in the Generation, Transmission and Supply of Electricity, being an essential service within the meaning of clause (a) of section 2 of the Maharashtra Essential Services Maintenance Act, 2005 (Maharashtra XXVIII) of 2005);And whereas, the Government of Maharashtra is satisfied that in the public interest it is necessary to prohibit strike in the said establishments.Now therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the said Act, the Government of Maharashtra hereby prohibits strike in the said establishments with effect from 14th August, 2007.No. REL. 2007/CR-232/NRG-1, dated 1st September, 2007 (M.G.G., Part IV-B, page 82). - Whereas, the supply of electricity by the Reliance Energy Limited, a licensee under the Electricity Act, 2003 (36 of 2003) is an essential service within the meaning of sub-clause (ii) of clause (a) of section 2 of the Maharashtra Essential Services Maintenance Act, 2005 (Maharashtra XXVIII of 2005), (hereinafter referred to as "the said Act");And whereas, the Government of Maharashtra is satisfied that it is expedient in the public interest to prohibit strike in the said establishment of the said licensee (hereinafter referred to as "the said essential service").Now, therefore, in exercise of the powers conferred by sub-sections (1) and (3) of section 4 read with sub-clause (ii) of clause (a) of section 2 of the said Act, the Government of Maharashtra hereby prohibit strike in the said essential service from the date of punishment of this order in the Official Gazette.
