Local Candidates Act

The Haryana State Employment of Local Candidates Act, 2020

The Haryana State Employment of Local Candidates Act, 2020 extends to the whole state of Haryana.

This Act is applicable to all the Companies, Societies, Trusts, Limited Liability Partnerships, Partnership Firms, any other person who employs ten or more persons, and to the entities as prescribed by the Central Government, from time to time.

MANDATORY REGISTRATION UNDER THE ACT (SECTION-3)

From the date of the commencement of this act, every employer is required to register the employees who are receiving a gross monthly salary or wages of more than fifty thousand rupees or as notified by the government from time to time on the designated portal.

Provided that the employer cannot employ any such employee unless such an employee is duly registered on the designated portal.

Penal Provisions: If the employer contravenes the provisions of section 3, he shall be guilty of an offense punishable with a 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.

RECRUITMENT OF LOCAL CANDIDATES (SECTION-4)

As per the provisions of section 4 of the aforesaid Act, every employer shall employ seventy-five percent of such candidates with respect to the posts where the gross monthly salary or wages for such post are not more than fifty thousand rupees or as notified by the government from time to time.

Local candidates mean candidates from any district of the state provided that the employer is authorized to restrict the employment of local candidates from any district up to ten percent of the total number of local candidates.

Penal Provisions: If the employer contravenes the provisions of section 4, he shall be guilty of an offense punishable with a 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 RECRUITMENT OF LOCAL CANDIDATES (SECTION-5)

Provided that where an adequate number of local candidates with adequate skill, knowledge, qualification, and competency are not available, the employer may apply to the designated officer in such form and manner as may be prescribed.

The designated officer after making a proper inquiry, to consider whether proper endeavors were taken by the employer to appoint the local candidates may pass any of the following orders:

  • Accept the claim of the employer
  • Reject the claim of the employer
  • Direct the employer to train the local candidates to achieve the desired level of skill and proficiency.

The order passed by the designated officer shall be placed on the website of the government.

Penal Provisions: If the employer contravenes the provisions of section 5, he shall be guilty of an offense punishable with a 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.

COMPLIANCES TO BE MADE BY THE EMPLOYER:

Every employer is required to furnish a quarterly report of the local candidates employed and appointed during such quarter on the designated portal in such form and manner as may be prescribed by such date as may be notified in the official gazette.

POWER OF AUTHORISED OFFICER:                 

  • The Quarterly report furnished by the employer is examined by the Authorised Officer.
  • The Authorised Officer has the powers to call for any record, information, or any document which is in possession of the employer and pass any such order as it may deem fit.
  • Provided that the Authorised Officer also has the power to enter premises and make inspection under the specified circumstances.
  • It is the duty of every employer to provide assistance to the Authorised Officer and if he fails to do so, he shall be guilty of an offense under this Act.

APPEAL BY EMPLOYER:

If the employer is aggrieved by an order passed by the designated officer or the authorized officer, he may within 60 days of passing of such order prefer an appeal to such appellate authority in prescribed form and manner, as may be prescribed.

The Appellate Authority shall after giving an opportunity of being heard may pass such order as it may deem fit.

GENERAL PENAL PROVISIONS:

Provided that if there is a contravention of the Act or rules made thereunder then the employer shall be 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 a further penalty which may extend to one hundred rupees for each day till the time contravention is so continued.

Wish to know more about such legislations?

Please feel free to touch base with us at info@cs-india.com

Share this post?