Legislative Assembly Passes Haryana State Employment of Local Candidates Bill, 2020
The Legislative Assembly of Haryana government on November 5, 2020 passed a ‘Haryana State Employment of Local Candidates Bill, 2020‘, (the Bill). The Bill paves a way for more employment opportunity for locals in private sector. Similar to the bill introduced by Andhra Pradesh Government, Haryana too has announced that 75 per cent of private sector jobs in the state, till a certain salary slab, shall be reserved for local candidates.
The Bill shall come into force on such date, as the Government may, by notification in the Official Gazette, specify. The Bill, when implemented, would reserve 75% of the jobs in specified private sector posts for local candidates.
Salient features of the Bill –
No person shall be employed or engaged by any employer till the registration of all such employees is completed on the designated portal.
Similarly, failure to fill in 75% of the relevant posts for local candidates in the manner set out in the Bill may attract fine within the range of INR 50,000 – INR 2,00,000.
In case of an offence committed by limited liability partnership firm – all the partners/ designated partners shall be held guilty of the offence. In case of offence committed by a Society or Trust – every person who was in charge at the time of commission of offence, or the person who was responsible for conduct of the business of the society at the time of commission of offence shall be deemed guilty of the offence.
If it is proved that the offence was committed with the consent or connivance of any Director, Manager, Secretary, Trustee or other officer of the society or trust, all of them shall be deemed guilty. No court shall take cognisance of any offence punishable under this Act unless a complaint is made within six months of the date on which the commission of offence came to the knowledge of authorised or designated officer.
Violation of Article 16 of the Constitution of India
Andhra Pradesh’s decision of introducing 75 per cent reservation for local candidates was challenged in the Andhra Pradesh High Court which observed that “it may be unconstitutional”. The Andhra Pradesh High Court had asked state government to inform if the quota-law was enacted as per the Constitution. Similar concerns were raised in Haryana Vidhan Sabha by opposition leaders. The bill was said to be violating Article 16 of the Constitution of India. Haryana government claims that while Article 16 talks about the “public employment”, the Bill only pertains to “private sector employment”.
The Bill is yet to be implemented and any legal action has not been initiated against it as on date.
 a Company registered under the Companies Act, 2013;
 Society registered under the Haryana Registration and Regulation of Societies Act, 2012;
 a Trust as defined under the Indian Trust Act, 1882;
 a Limited Liability Partnership Firm as defined under the Limited Liability Partnership Act, 2008;
 Partnership Firm as defined under Indian Partnership Act, 1932;
 a candidate who is domiciled in the State of Haryana;