Essential (Prohibition of Strikes and Proscribed Industrial Actions) Regulations

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Emergency (Essential Powers) Act

(CHAPTER 90, Section 2)

Essential (Prohibition of Strikes and Proscribed Industrial Actions) Regulations

Rg 11

G.N. No. S 195/1965

REVISED EDITION 1990

(25th March 1992)

[14th May 1965]

Citation

1. These Regulations may be cited as the Essential (Prohibition of Strikes and Proscribed Industrial Actions) Regulations.

Definitions

2. In these Regulations —

“proscribed industrial action” means —

(a)

any act or omission by any person in the public service which has for its objective the coercion of the Government by means of dilatoriness in the performance or execution of the duties associated with his employment or in furtherance of such objective any refusal or failure to comply with directions issued by his superior officer in regard to the manner or performance of the duties of his employment; or

(b)

any act or omission by any person in the public service which the Minister for Labour by order declares to be a proscribed industrial action by reason of the tendency of such act or omission to cause annoyance or inconvenience to the public or a class thereof;

“public service” means any of the public services set out in Article 102(1) of the Constitution;

“strike” means the cessation of work by a body of persons employed in the public service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment.

Prohibition of strikes and proscribed industrial actions in public service

3. No person in the public service employed in any of the services or departments set out in the Schedule (referred to in these Regulations as the scheduled services) shall take part in a strike or in a proscribed industrial action during the continuance of the Proclamation of Emergency issued on 3rd September 1964.

[L.N. 271/64]

Offence of conspiracy, instigation, abetment, etc.

4. Any person whether employed in any of the scheduled services or not who jointly with other persons employed in a scheduled service takes part in any strike or proscribed industrial action or who conspires with such other persons to do so or who in any way counsels, instigates, advises, facilitates or abets such other persons to take part or participate in a strike or a proscribed industrial action shall, notwithstanding the provisions of any law to the contrary, be guilty of an offence under these Regulations.

Penalty

5. Any person who contravenes regulation 3 or 4 shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $5,000 or to both.

Offences seizable

6. Any contravention of the provisions of these Regulations shall be a seizable offence within the meaning of the Criminal Procedure Code [Cap. 68].

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