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22/02/2024
Laws of Bangladesh

The Essential Services (Maintenance) Act, 1952

( ACT NO. LIII OF 1952 )

Offences
5. (1) Any person engaged in any employment or class of employment to which this Act applies who-
 
 
 
 
(a) disobeys any lawful order given in the course of such employment, or attempts to persuade any person to disobey any such order or refuses to work, to continue to work, whether or not acting in combination with, or under a common understanding of, any other person engaged in such employment, or
 
 
 
 
(b) without reasonable excuse abandons such employment or absents himself from work, or
 
 
(c) departs from any area specified in an order under sub-section (1) of section 4 without the consent of the authority making that order,
 
 
 
 
and any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment or class of employment to which this Act applies, who without reasonable excuse-
 
 
 
 
(i) discontinues the employment of such person, or
 
 
 
 
(ii) by closing an establishment in which such person is engaged, causes the discontinuance of his employment,
 
 
 
 
is guilty of an offence under this Act.
 
 
 
 
Explanation 1.- The fact that a person apprehends that by continuing in his employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b).
 
 
 
 
Explanation 2.- A person abandons his employment within the meaning of clause (b) who, notwithstanding that it is an express or implied term of his contract of employment that he may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of his employer.
 
 
 
 
(2) Whoever instigates or incites any person engaged in any employment or class of employment to which this Act applies to commit an offence under this Act, or knowingly expends or supplies any money or otherwise acts in furtherance of the commission of such an offence, shall be deemed to have committed that offence.

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Ministry of Law, Justice and Parliamentary Affairs