Amendment status not verified — confirm the current text below against the official source.
Substituted for the following section 3 vide Act No. 18 of 1979, effective from 3rd March, 1979:- “This Act shall apply to all employment under the State Government and to any employment or class of employment which the State Government being of opinion that such employment or class of employment is essential for securing the public safety, the maintenance of public order, health or sanitation, or for maintaining supplies or services necessary for the life of the community, may, by notification in the Official Gazette, declare to be an employment or class of employment to which this Act applies.” THE HIMACHAL PRADESH ESSENTIAL SERVICES (MAINTENANCE) ACT, 1972 3 employment to which this Act applies, who- (a) disobeys any lawful order given to him in the course of such employment, or (b) without reasonable excuse abandon 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 the order and any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment to which this Act applies, who without reasonable cause- (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-I.- The fact that a person apprehends that by continuing in his employment he will be exposed to increase physical danger is not a reasonable excuse within the meaning of clause (b). Explanation-II.- 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.