Haryana State Employment of Local Candidates Act, 2020
No: 3 Dated: Feb, 19 2021
THE HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT, 2020
AN ACT
to provide seventy-five percent employment of local candidates by employer in the State of Haryana and for matters connected therewith and incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows:-
1. (1) This Act may be called the Haryana State Employment of Local Candidates Act, 2020.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date, as the Government may, by notification in the Official Gazette, specify
(4) It shall cease to have effect on the expiry of ten years from the date of its commencement, except as respect to the things to be done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (Central Act 10 of 1897), shall apply as if this Act had then been repealed by a Central or State Act, as the case may be.
(5) This Act applies to all the Companies, Societies, Trusts, Limited Liability Partnership firms, Partnership Firm and any person employing ten or more persons and an entity, as may be notified by the Government, from time to time.
2. In this Act, unless the context otherwise requires,-
(a) “Appellate Authority” means an officer of the Government not below the rank or equivalence of the Labour Commissioner, as may be designated by notification in Official Gazette, by the Government for the purpose of section 9;
(b) “Authorised Officer” means an officer of the Government not below the rank or equivalence of the Sub-Divisional Officer (Civil) or any other officer as may be designated as such by notification in Official Gazette, by the Government for the purpose of section 7;
(c) “Designated Officer” means, an officer of Government not below the rank or equivalence of the Deputy Commissioner as may be designated by notification in Official Gazette, by the Government for the purpose of section 5;
(d) “designated portal” means a portal specifically designed and designated for the purpose of registration of local candidates and employees under sections 3 and 4;
(e) “employer” means a Company registered under the Companies Act, 2013 (Central Act 18 of 2013) or a Society registered under the Haryana Registration and Regulation of Societies Act, 2012 (1 of 2012) or a Limited Liability Partnership Firm as defined under the Limited Liability Partnership Act, 2008 (Central Act 6 of 2009) or a Trust as defined under the Indian Trust Act, 1882 (Central Act 2 of 1882) or a Partnership Firm as defined under Indian Partnership Act, 1932 (Central Act 9 of 1932) or any person employing ten or more persons on salary, wages or other remuneration for the purpose of manufacturing or providing any service or such entity, as may be notified by the Government from time to time, but shall not include the Central Government or the State Government or any organisation owned by the Central Government or the State Government;
(f) “Government” means the Government of the State of Haryana in the administrative department;
(g) “Local Candidate” means a candidate who is domiciled in the State of Haryana;
(h) “State” means the State of Haryana.
3. On and from the date of commencement of this Act, every employer shall, register such employees receiving gross monthly salary or wages not more than fifty thousand rupees or as notified by the Government, from time to time, on the designated portal, within three months of coming into force of this Act:
Provided that no person shall be employed or engaged by any employer till the registration of all such employees is completed on the designated portal.
Explanation.— For the purpose of section 3 and section 4 of this Act, process for registration on designated portal shall be prescribed under the rules notified by the Government, from time to time.
4. After the commencement of this Act, 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 fifty thousand rupees or as notified by the Government, from time to time:
Provided that the local candidates may be from any district of the State, but the employer may, at his option, restrict the employment of local candidates from any district to ten percent of the total number of local candidates:
Provided further that no local candidate shall be eligible to avail the benefits under this Act unless he registers himself on the designated portal.
5. (1) The employer may claim 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 in such form and manner, as may be prescribed.
(2) 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, may either-
(i) accept the claim of the employer for exemption from the provisions of section 4; or
(ii) reject the claim of the employer for exemption for reasons to be recorded in writing; or
(iii) direct the employer to train local candidates to achieve the desired skill, qualification or proficiency.
(3) Every order made by the Designated Officer under sub-section (2), shall be placed on the website of the Government.