Repealed or not in force · As amended up to 2026-08
4. Removal of persons .—Where any order has been issued under sub-section (1) of section 3, any police officer may take all such measures as such officer may deem fit including the use of police force, if he considers necessary, to remove any person, whose presence in any area connected with the—
- (a) defence equipment production services; or
(b) operation or maintenance of any industrial establishment or unit engaged in production or manufacturing of goods or equipment required for any purpose connected with defence; or
(c) repair or maintenance of products connected with defence, would be prejudicial to the functioning, safety or maintenance of the essential defence services.
5. Dismissal of employees participating in illegal strikes.— (1) Any person—
(a) who commences a strike which is illegal under this Act or goes or remains on, otherwise takes part in, any such strike; or
(b) who instigates or incites other persons to commence, or go or remain on, or otherwise take part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment.
(2) Notwithstanding anything contained in any other law for the time being in force or under the terms and conditions of service applicable to any person employed in the essential defence services, before dismissing any person under sub-section (1), no inquiry shall be necessary if the authority empowered to dismiss or remove such person is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.
Source: India Code