The Haryana Contractual Employees (Security of Service) Act, 2024
The Haryana Contractual Employees (Security of Service) Act, 2024
1. Short title, commencement and extent
- (1) This Act may be called the Haryana Contractual Employees (Security of Service) Act, 2024.
- (2) It shall be deemed to have come into force with effect from the 14th August, 2024.
- (3) It shall extend to the whole of the State of Haryana.
2. Amendment of section 3 of Haryana Act 17 of 2024
In Explanation 2 to clause
- (ii) of section 3 of the Haryana Contractual Employees (Security of Service) Act, 2024, for the words “in a calendar year”, the words “during a period of one year contractual service” shall be substituted.
3. Eligibility conditions
The eligible contractual employee shall be an employee who,-
(i)
- (a) has been engaged on contract by the Government Organization and is in the service of such Government Organization on the appointed date and receiving remuneration upto Rs. 50,000/- per month; or
- (b) is deployed by the Haryana Kaushal Rozgar Nigam under the Deployment of Contractual Persons Policy, 2022 and is in the service of a Government Organization on the appointed date;
- (ii) has completed at least five years service in the Government Organization on full time basis as on the appointed date. Explanation 1.- The period of service shall be considered as the period for which remuneration was made, directly or indirectly, by the Government Organization to the eligible contractual employee and shall include the period of any leave approved by the competent authority. Explanation 2.- For the purposes of calculation of the number of years of engagement, a contractual employee who has received remuneration for at least 240 days in a calendar year shall be deemed to have worked for the entire year, but shall not include an employee who,-
- (i) has been engaged under Centrally Sponsored Schemes paid in part or full by the Central Government; or
- (ii) has been engaged on honorarium basis; or
- (iii) has been paid remuneration for service rendered on a part time basis by the Government Organization; or
- (iv) has attained the age of fifty-eight years on the appointed date; or
- (v) has been terminated or removed by the appropriate authority on or before the date of commencement of this Act.
4. Tenure of engagement
The eligible contractual employee shall continue to work in the Government Organization till he attains the age of superannuation.
5. Remuneration
- (1) The eligible contractual employee shall receive a consolidated monthly remuneration equal to the entry pay in the pay level of the corresponding post along with additional remuneration as specified in the First Schedule based on the year of service rendered in the Government Organization: Provided that where the Government Organization is unable to determine the corresponding post, the matter shall be referred to the Chief Secretary, who in consultation with the Additional Chief Secretary to Government, Haryana, Finance Department, shall determine the corresponding post for the purposes of this sub-section.
- (2) Notwithstanding anything contained in sub-section (1), the consolidated monthly remuneration including the additional remuneration specified in the First Schedule shall not be less than the remuneration drawn by the eligible contractual employee on the appointed date.
- (3) The eligible contractual employee shall also receive such additional benefits, as specified in the First Schedule.
- (4) The consolidated monthly remuneration shall be increased with effect from the first day of January and the first day of July every year corresponding to the increase in Dearness Allowance.
- (5) The Government may notify an increment on the consolidated monthly remuneration on the completion of the first year from the date of commencement of this Act and every year thereafter.
6. Power to amend Schedule
- (1) The Government may, by notification in the Official Gazette, amend or revise the Schedule.
- (2) Every notification issued under sub-section
- (1) shall, as soon as may be after it is issued, be laid before the State Legislature.
7. Discipline, penalties, appeals and other matters
In the matters relating to discipline, penalties, appeals and other matters not specifically provided under this Act, an eligible contractual employee shall be governed by such rules, as may be prescribed.
8. Power to remove difficulty
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
9. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or employee of the Government or any other person or authority authorized by the Government for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
10. Power to make rules
- (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2) Every rule made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
11. Amendment of Haryana Act 13 of 2019
The provisions of the Haryana Guest Teachers Service Act, 2019 (13 of 2019) shall be amended as specified in the Second Schedule.
12. Repeal and savings
- (1) The Haryana Contractual Employees (Security of Service) Ordinance, 2024 (Haryana Ordinance No. 1 of 2024), is hereby repealed.
- (2) Notwithstanding such repeal, anything done or action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
PDF: pending for this language.