(1) This Act may be called “The Jharkhand State Employment of Local Candidates in Private Sector Act, 2021”.
(2) It extends to the whole of the State of Jharkhand. This Act applies to such Shops, Establishments, Mines, Enterprises, Industries, Companies, Societies, Trusts, Limited Liability Partnership Firms, Partnership Firm and any person employing ten or more persons in the private sector and an entity, as may be notified by the Government, from time to time.
Highlights of the act.
3. Compulsory registration: Every employer shall register employees receiving a gross monthly salary or wages not more than Rs. 40,000/- (Forty Thousand Rupees) or as the limit notified by the Government, from time to time, on the designated portal, within three months of coming into force of this Act Provided that once designated portal is developed and notified, no person shall be employed or engaged by an employer unless the registration process of all such employees is completed on the designated portal.
4. Explanation: For section 3 and section 4 of this Act, the process of registration on the designated portal shall be such as may be prescribed under the rules notified by the Government, from time to time.
5. Recruitment of local candidates
(i) Every employer shall fill up seventy-five percent of the total existing vacancies on the date of notification of this Act and subsequent thereto by local candidates concerning such posts where the gross monthly salary or wages are not more than Rs. 40,000/-(Forty Thousand Rupees) or as the limit notified by the Government, from time to time.
(ii) During the process of employment of Local Candidates attention will be given to the representation of the displaced due to the establishment of the concerned institution, Local Candidates of the concerned district and all classes of the society.
(iii) Provided that no local candidate shall be eligible to avail the benefits under this Act unless he/she registers himself/herself on the designated portal.
6. Exemption
(1) The employer may claim exemption from 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) An inquiry committee will be constituted under the chairmanship of the Designated Officer consisting of:-
(i) Member of Legislative Assembly (MLA) of that area, where the concerned institution is established or his nominated representative.
(ii) Deputy Development Commissioner (DDC).
(iii) Circle Officer (CO) of the Circle where the institution is established.
(iv) Labour Superintendent of the concerned district
(v) District Employment Officer of the concerned district.
(3) On the basis of the inquiry report of the district level inquiry committee and after valuating the attempt made by the employer to recruit local candidates of the desired skill, qualification or proficiency the Designated Officer may either accept or reject the claim of the employer or direct the employer to train & employ local candid ate in such manner as may be prescribed from time to time. Every order made by the Designated Officer under this sub-section, shall be placed on the designated portal of the Government
General penalty
Save as otherwise expressly provided in this Act, if there is any contravention by the employer of the provisions of this Act or rules made there under or of any order in writing given under this Act, he shall be liable to a penalty which shall not be less than ten thousand rupees, which may extended up to fifty thousand rupees, and if the contravention continues even after the order of penalty, then further penalty shall be imposed which shall be one thousand rupees for each day till the time contravention is so continued.
THE JHARKHAND STATE EMPLOYMENT OF LOCAL CANDIDATES IN PRIVATE SECTOR ACT, 2021 – DOWNLOAD NOW
SOURCES BY: PRAKASH CONSULTANCY SERVICES
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