A look at the Haryana State Employment of Local Candidates Act, 2020, and its provisions. Labour Department, Haryana has announced it wants 75 per cent of private sector jobs in the state, till a certain salary slab i.e. thirty thousand gross monthly wages, provided to local candidates. The brief background is the Act that in November 2020, the State Assembly passed the Haryana State Employment of Local Candidates Bill, 2020 paving way for more employment opportunities for locals in the private sector. The H.E. Governor of Haryana gave his assent to the Bill.
After that, the Government of Haryana has enacted an Act named as The Haryana State Employment of Local Candidates, Act, 2020 to provide employments to the local candidates of Haryana in private employments under various Companies, Societies, Trusts, Limited Liability Partnerships Firms, Partnership Firm etc. situated in Haryana initiating for a period of ten years. The Haryana State Employment of Local Candidates Act, 2020 has been notified on 02.03.2021 and the notification regarding commencement of this Act w.e.f. 15.01.2022 has also been notified vide notification no. Lab/25467/2021 dated 06.11.2021. Further, the upper limit of gross monthly salary or wages has been specified to rupees thirty thousand as required under section 3 of the Act vide notification No. Lab./25478/2021 dated 06.11.2021 and in Section 4 of the Act vide notification no. 29958 dated 24.12.2021 so that local candidates as well as the private employers in the State of Haryana got their long awaited employment rights and manpower for smooth operation of business activities, respectively.
Provides that every employer shall register all employees whose gross monthly salary or wages not more than thirty thousand rupees on the designated portal within three months of coming into force of this Act.
Penalty – punishable with penalty which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and if the contravention is still continued after conviction, with a further penalty which may extend to five hundred rupees for each day till the time contravention is so continued.
Every employer shall employ seventy-five percent of the local candidates with respect to such posts where the gross monthly salary or wages are not more than thirty thousand rupees or as notified by the Government from time to time. The employer can restrict the employment of local candidates from any district to ten percent of the total number of local candidates.
Penalty - punishable with penalty which shall not be less than fifty thousand rupees but which may extend to two lakh rupees and if the contravention is still continued after conviction, with a further penalty which may extend to one thousand rupees for each day till the time contravention is so continued.
exemption from the requirement of section 4, where adequate number of local candidates of the desired skill, qualification or proficiency are not available by applying to the Designated Officer. The Designated Officer shall, after such inquiry, as he deems fit and after evaluating the attempt made by the employer to recruit local candidates of the desired skill, qualification or proficiency can exempt or reject the exemption application with order.
Penalty- punishable with penalty which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and if the contravention is still continued after conviction, with a further penalty which may extend to one hundred rupees for each day till the time contravention is so continued.
Every employer shall furnish a quarterly report of the local candidates employed and appointed during that quarter on the designated portal.
The reports furnished by the employer under section 6 shall be examined by the Authorised Officer. The Authorised Officer shall have powers to call for any record, information or document in the possession of any employer for the purposes of verifying the report furnished under section 6. The Authorised Officer, after examination of the report, may pass any order, as may be necessary for complying with the objectives of this Act. Every such order issued under sub-section (3) shall be placed on the website of the Government.
Subject to the provisions of this section, the Authorised Officer shall have a right to enter, at all reasonable times with such assistance, as he considers necessary, any place for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder are being or have been complied with and to examining any record, register, document when he has reason to believe that an offence under this Act or the rules made thereunder has been or is being committed.
Every employer shall render all assistance to the Authorised Officer under sub-section (1) and in case he fails to do so without any reasonable cause, he shall be guilty of an offence under this Act. Provided that no entry shall be made except between the hours of 06:00 and 18:00 and notice of the intention to enter is given at least one day prior to the date on which the entry is proposed to be made.
General Penalties - liable to a penalty which shall not be less than ten thousand rupees, but which may extend up to fifty thousand rupees, and if the contravention is still continued after the conviction, then, with further penalty which may extend to one hundred rupees for each day till the time contravention is so continued.
Any employer aggrieved by an order passed by the Designated Officer under section 5 or the Authorised Officer under section 7, may within sixty days, prefer an appeal to such Appellate Authority. Every appeal preferred under sub-section (1) shall be accompanied by such fees, as may be prescribed.
After the receipt of appeal under sub section (1), the Appellate Authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. The appellate authority may rescind, confirm or modify such order.
Whoever produces false records or counterfeits or knowingly makes or produces or uses a false statement, declaration or evidence regarding any document in connection with compliance of any of the provisions of this Act or any rules made thereunder or makes, gives or delivers knowingly a false return, notice, record or report containing a statement, entry or detail, shall be punishable with penalty which may extend to fifty thousand rupees for each offence.
Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, he shall be punishable with penalty which shall not be less than two lakh rupees but which may extend to five lakh rupees.
No order under this Act shall be passed under section 5 or section 7 unless an opportunity of being heard is provided to the employer. No penalty under this Act shall be imposed unless the person concerned is given a notice in writing by the Designated Officer informing him of the grounds of penalty which is proposed to be imposed on him and providing him an opportunity to be heard.
No court shall take cognizance of any offence punishable under this Act, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Authorized Officer or Designated Officer. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act.
detail Act and Rules made thereunder are also available on portal i.e. https://local.hrylabour.gov.in/
