KARNATAKA STATE CIVIL SERVICES (PREVENTION OF STRIKES) ACT, 1966

30 of 1966

An Act to provide for the prevention of strikes by civil servants of the State of Karnataka. Whereas, it is expedient to provide for the prevention of strikes by civil servants of the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Seventeenth Year of the Republic of India as follows.

Section 1 Short title, extent and commencement

(1) This Act may be called the Karnataka State Civil Services (Prevention of Strikes) Act, 1966.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force at once.

Section 2 Definitions

In this Act.

(1) "State Civil Servant" means a person who is a member of a civil service of the State of Karnataka or holds any civil post under the State of Karnataka;

(2) "Strike" means a cessation of work (including any unauthorised absence from duty) by a body of State Civil Servants acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of State Civil Servants to work.

Section 3

Prohibition of strikes. No State Civil Servant shall resort to strike.

Section 4 Penalty for strikes

Any State Civil Servant who commences, continues or otherwise acts in furtherance of a strike shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

Section 5 Penalty for instigation, etc

Any person who instigates or incites State Civil Servants to take part in, or otherwise acts in furtherance of a strike, shall be punished with imprisonment for a term which may extend to one year 11. Substituted for the words "or with fine which may extend to one thousand rupees or with both" by Act No. 6 of 1967 [and with fine which may extend to one thousand rupees].

Section 6 Penalty for giving financial assistance

Any person who knowingly expends or applies any money in furtherance or support of a strike shall be punished with imprisonment for a term which may extend to one year 22. Substituted for the words "or with fine which may extend to one hundred rupees or with both" by Act No. 6 of 1967 [and with fine which may extend to one thousand rupees].

Section 7 Attempts, etc., to commit offence

Any person who attempts to commit, or does any act preparatory to commission of, any offence under this Act, shall be deemed to have committed such offence.

Section 8 Offences by associations

(1) Where an offence under this Act has been committed by an association, every person who at the time the offence was committed was in charge of, and was responsible to, the association for

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or he has exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by an association and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any member of the executive or managing committee of the association or any manager, secretary or other officer of the association such member, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation For the purpose of this section, "association" means any body of individuals whether incorporated or not.

Section 9 Power to arrest without warrant

Any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence punishable under this Act.

Section 9A Special provision regarding bail

11. Sections 9-A and 9-B inserted by Act No. 6 of 1967 No person accused or convicted of an offence under Section 5 of this Act shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release and where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.

Section 9B Precedence for trials

The trial of any offence under this Act in any Court shall have precedence over the trial of any other offence pending in such Court.

Section 10 Repeal of Karnataka Ordinance No. 1 of 1966

The Karnataka State Civil Services (Prevention of Strikes) Ordinance, 1966, is hereby repealed.