Dear Members, Plz find attached herewith ‘Haryana State Employment of Local Candidates Act, 2020' for your ready reference. Important provisions relating to this Act are highlighted as under. As per section 1(3) it shall come into force on such date, as the Govt. may, by notification in the Official Gazette, specify. Till now we have not come across such notification on its applicability.
We will be in a position to implement this Act after its application notification & its Rules. Till then go through the Act & be ready to implement this in the state of Haryana.
Important Provisions of the Act
1. Duration of operation of the Act; Act provides that it shall cease to have an effect on the expiry of 10 years from the date of its commencement (which date will be notified by the state government in its Official Gazette).
2. Application of the Act: The Act applies to all companies, societies, trusts, limited liability partnerships, partnership firms and any person employing 10 or more persons & entity, as may be notified by the govt. from time to time.
3. Registration of employees: The Act mandates the Covered Employers to register on the government's designated portal, such employees in their establishment who earn gross 'salary or wages' up to INR 50,000 per month. The timeline provided for this registration process is 3 months from the commencement of the statute. The term 'salary or wages' has not been defined in the Bill.
4. Recruitment of local candidates: The Covered Employers are required to reserve 75% of the posts – wherein the monthly wages are not more than INR 50,000 – for local candidates. Provided that the local candidates may be from any of the districts of the state but the employer may at his option restrict the employment of local candidates from any district to the ten percent of total number of local candidates.
5. In the event a Covered Employer wishes to recruit from outside the state on the ground that there is a dearth of local candidates who are to meet the requisite skill, qualifications or proficiency, it would be required to apply to the Designated Officer appointed under the Act. The Designated Officer shall after such inquiry as deem fit & after evaluating the attempt made by the employer, may either (i) accept the claim of the employer for exemption from the provision of sec. 4; or (ii) reject the claim of the employer for exemption for reasons to be recorded in writing; or (iii) direct the Covered Employer to train local candidates so that they meet the requirements. Every order made by the Designated Officer shall be placed on the website of the Govt.
6. Reporting requirements: The Act requires Covered Employers to furnish quarterly reports by such date as may be notified by the Govt. in the official Gazette regarding the local candidates recruited by them in the manner prescribed by the state government in its rules.
7. Penalties for contravention: Section 10 to 14 relates to penalties against non-compliance of various provisions of this Act & Rules.
R N KHOLA
From India, Delhi
363We will be in a position to implement this Act after its application notification & its Rules. Till then go through the Act & be ready to implement this in the state of Haryana.
Important Provisions of the Act
1. Duration of operation of the Act; Act provides that it shall cease to have an effect on the expiry of 10 years from the date of its commencement (which date will be notified by the state government in its Official Gazette).
2. Application of the Act: The Act applies to all companies, societies, trusts, limited liability partnerships, partnership firms and any person employing 10 or more persons & entity, as may be notified by the govt. from time to time.
3. Registration of employees: The Act mandates the Covered Employers to register on the government's designated portal, such employees in their establishment who earn gross 'salary or wages' up to INR 50,000 per month. The timeline provided for this registration process is 3 months from the commencement of the statute. The term 'salary or wages' has not been defined in the Bill.
4. Recruitment of local candidates: The Covered Employers are required to reserve 75% of the posts – wherein the monthly wages are not more than INR 50,000 – for local candidates. Provided that the local candidates may be from any of the districts of the state but the employer may at his option restrict the employment of local candidates from any district to the ten percent of total number of local candidates.
5. In the event a Covered Employer wishes to recruit from outside the state on the ground that there is a dearth of local candidates who are to meet the requisite skill, qualifications or proficiency, it would be required to apply to the Designated Officer appointed under the Act. The Designated Officer shall after such inquiry as deem fit & after evaluating the attempt made by the employer, may either (i) accept the claim of the employer for exemption from the provision of sec. 4; or (ii) reject the claim of the employer for exemption for reasons to be recorded in writing; or (iii) direct the Covered Employer to train local candidates so that they meet the requirements. Every order made by the Designated Officer shall be placed on the website of the Govt.
6. Reporting requirements: The Act requires Covered Employers to furnish quarterly reports by such date as may be notified by the Govt. in the official Gazette regarding the local candidates recruited by them in the manner prescribed by the state government in its rules.
7. Penalties for contravention: Section 10 to 14 relates to penalties against non-compliance of various provisions of this Act & Rules.
R N KHOLA
From India, Delhi
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Haryana State Employment Of Local Candidates Bill, 2020.pdf