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The Maharashtra Essential Services Maintenance Act, 2023

Section 5. Power to prohibit lock-out in certain establishments.

(1) If the State Government is satisfied that in the public interest, it is necessary or expedient so to do, it may, by general or special order, prohibit lock-out in any establishment pertaining to any essential service specified in the order. (2) An order made under sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order. (3) An order made under sub-section (1) shall be in force for six months only, but the State Government may, by a like order, extend it for a further period not exceeding six months, if it is satisfied that in the public interest, it is necessary or expedient so to do. (4) Upon the issue of an order under sub-section (1) or sub-section (3),- (a) no employer in relation to an establishment to which the order applies shall declare or commence any lock-out; (b) any lock-out declared or commenced whether before or after the issue of the order, by any employer in relation to an establishment to which the order applies, shall be illegal. (5) Any employer in relation to an establishment who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this section,shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to three thousand rupees, or with both.

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

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