Haryana to reserve 75% jobs in private sector for locals
Guv gives assent to bill, a key poll promise made by the BJP’s alliance partner JJP
Chandigarh: After sitting on it for close to four months, Haryana governor Satydeo Narain Arya on Tuesday gave assent to the bill providing 75% reservation in private sector to state job seekers who have a domicile certificate. The quota will apply for 10 years.
The assembly had late last year passed the bill, a key poll promise made by the ruling alliance partner Jannayak Janta Party.
“The governor today gave his assent to the Haryana State Employment of Local Candidates Bill, 2020, providing quota for local people in private sector jobs that offer a salary of less than Rs 50,000 a month,” chief minister Manohar Lal Khattar told reporters here.
A near-similar ordinance approved by the cabinet in July last was reserved by the governor for the consideration of the President. Though the ordinance was withdrawn by the cabinet in October last, the Union Labour and Employment Ministry which examined the ordinance had advised the state government against enacting such a law. The state government though did no heed to the advice.
Legal experts said the new law was in contravention of the Constitution and will not withstand judicial scrutiny.
While tabling the bill in the assembly, the government modified its section 23, a provision which gave it an overriding effect over any other law, a broad provision having the potential to be repugnant to an Act of the Parliament. Section 23 in the bill was modified to provide overriding effect on any other state law.
However, issues raised by the law and legislative secretary during the vetting of the proposed law still holds good, experts said. The clause providing for preference in jobs to the local candidates domiciled in Haryana, experts said, was in contravention of Article 14 of the Constitution pertaining to
equality before the law and Article 19 (1)(g) which provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business.
The private sector job quota move was piloted by deputy chief minister Dushyant Chautala’s JJP. The controversial piece of legislation did not find much support from the BJP quarters initially. In fact, CM Khattar had once sounded noncommittal on the prospect of enacting such a law.
Sources said since the BJP government at the Centre has a very different view on the matter, it was surprising how the governor assented to the bill.
As per the statement of objects and reasons of the bill, giving preference to local candidates in low-paid jobs is socially, economically and environmentally desirable and any such preference would be in the interests of the general public. “The bill will provide tremendous benefits to the private employers directly or indirectly through qualified and trained local work force. Availability of suitable workforce locally would enhance the efficiency of Industry as the workforce is one of the major components for the development of any industrial organisation,’’ it said.
1 What’s the private sector job quota law?
The law provides for 75% of new employment to local candidates for jobs with gross salary of not more than ₹50,000 per month in companies, societies, trusts, limited liability partnership firms and partnership firms employing 10 or more people situated in Haryana.
2 Who will be regarded as a local candidate?
It means a candidate who is domiciled (has their place of residence) in Haryana. As per an amended January order, children or dependents of people who have permanent home in Haryana and people who have been residing in Haryana for a period of not less than five years or who have permanent home in Haryana but on account of their occupation are living outside Haryana will be eligible for grant of resident certificate.
3 Will the companies have any discretion in selection?
The law allows hiring local candidates from any district. However, the employer has been given the option to restrict the employment of local candidates from any district to 10% of the total number of local candidates.
4 What kind of jobs will be up for grabs?
All kinds of unskilled, semi-skilled and skilled jobs where gross monthly salary is not more than Rs 50,000 will come under the ambit of the law.
5 Will the law apply retrospectively?
No. The law will be applicable from the date of its commencement notified by the government. Hence, the reservation will be applicable only for future employment.
6 How can a local candidate avail the benefit?
Local candidates shall be eligible to avail the benefits under this law only after registering themselves on the designated portal. The law says no person shall be employed or engaged by any employer till the registration of all such employees is completed on the designated portal within three months of the Act coming into effect.
7 Can a private company claim exemption from hiring locals?
The law allows a private employer to claim exemption from employing 75% locals in case sufficient candidates are not available. The govt may accept or reject an employer’s plea on exemption and also direct them to train candidates to achieve the desired skill.
8 What is the penalty for flouting the law?
The law provides for imposition of financial penalty for violating the reservation.
9 Is there a question of constitutional validity in enactment of this law?
Legal experts said the law is believed to be in contravention of Articles 14 and 19 (1) (g) of the Constitution.
10 Can the law withstand judicial scrutiny?
Experts say it will not pass the legal test. Ex-Haryana advocate general Ashok Aggarwal said domicile can never form the basis of employment.
11 Is there a court judgment linked to this matter?
In a 1984 judgment, SC said the word domicile is to identify the personal law by which an individual is governed in respect of matters such as essential validity of a marriage, among others.