Dhaka Bureau: A strike or hartal can no longer be called at will in any case where public life is disrupted. To this end, the Cabinet has given final approval to the Essential Services Act 2022, providing for a maximum one-year jail term for illegally calling or supporting strikes in the essential services sector.
The draft law was given final approval in the cabinet meeting held on Monday (October 31) under the chairmanship of Prime Minister Sheikh Hasina. Cabinet Secretary Khandkar Anwarul Islam briefed journalists at the Secretariat after the Cabinet meeting. The draft will go to Parliament after final approval. It will then be issued by the government in the form of a gazette.
The Cabinet Secretary said, ‘There are 14 sections in the Act. Clause 4 states which things the government will declare as essential services. Section 5 provides for the power of employees in certain jobs not to leave certain areas, while another section prohibits strikes, lock-downs or lay-offs. Many times there are lay-offs or knock outs in industrial establishments. If the government feels that they are not justified, then they can ban them.
The names of those services which the Government deems to be essential services may be declared. Some of the services are mentioned here. Such as postal and telecommunication, information technology, e-commerce, electronic and digital services. The government feels that it cannot stop these services whenever it wants.
Khandaker Anwarul Islam said, ‘Secondly, digital financial services such as mobile financial services, power generation, supply, marketing and added gas and coal. These are essential services. If there is any deadlock in these matters, the government can intervene. In this case, the state welfare should be managed as directed by the government.
He said, ‘Passenger or goods services by land, water, rail and air will also be known as essential services. Clearance of goods by land, sea, river or airport, any establishment under the management of armed forces or related services. Apart from this, the government can declare any service as an essential service if it thinks so. If for some reason someone stops the movement of buses or trucks, then the government can do yea.. (take action) here. Penalties are also provided for non-compliance.
The Cabinet Secretary also said, ‘According to the draft of the law, services related to the establishment or organization engaged in the production of products or goods necessary for the defense of the country; services in connection with any government-owned or government-controlled establishment or organization engaged in the purchase, sale, collection, storage, storage or distribution of foodstuffs; any services related to hospitals, clinics, health care or similar institutions and dispensaries; Services related to institutions, organizations or factories engaged in these activities, including drug production, supply, marketing, purchase and sale; State-owned banks and financial institutions services; Services related to oil fields, oil refineries, oil storage and petroleum or petroleum-like substances in the production, transportation, supply and distribution of petroleum or petroleum-like substances, and services related to minting and security printing services may be gazetted by the Government as essential services.
‘Furthermore, services where public welfare services are or are likely to be severely affected; Services which are or are likely to be seriously affected by supply and maintenance services essential to public safety or livelihood of the people may also be declared essential services. The Government may also declare any job or service connected with any class of job as essential service for six months if it causes or is likely to cause intolerable hardship to the people and to ensure the security of the whole country or any part of the country with a view to ensuring the defense of the country. If necessary, its period can be extended for another six months.
Khandaker Anwarul said, “If someone commits such a crime, he will generally be imprisoned for 6 months and fined 25,000 taka.” If he supports the continuation of the illegal strike, he will be imprisoned for one year and fined up to 50,000 taka. Many crimes are mentioned here.
He said, “If the owner of the establishment starts an illegal layout, he can be jailed for a maximum of 6 months and fined up to one lakh taka or both.” If someone gives an inducement, he will get the same punishment as the original offence. Departmental action can also be taken if it is a government office. For example, if the MD of an autonomous organization announces a layoff, there will be departmental proceedings beyond that.
“The government can order the employees in certain jobs that they cannot leave the country without the government’s order. These will be called details in the rule’, added the Cabinet Secretary.
