The Jharkhand State Employment of Local Candidates in Private Sector Act, 2021

Short title, extent and commencement

1. (1) This Act may be called "The Jharkhand State Employment of Local Candidates in Private Sector Act, 2021".
2. (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 private sector and an entity, as may be notified by the Government, from time to time.
3. (3) It shall come into force on such date, as the Government may, by notification in the official Gazette, specify. (4)

Definitions In this Act, unless the context otherwise requires,-

1. (a) “Appellate Authority” means Director, Employment & Training, Government of Jharkhand.
2. (b) “Authorized Officer” means District Employment Officer/ Employment Officer of the concerned district.
3. (c) “Designated Officer” means Deputy Commissioner of the concerned district.
4. (d) “Designated portal” means a portal specifically designed and dedicated for the purpose of registration of local candidates and employees under sections 3 and 4;
5. (e) “Employer” means an Enterprise defined under section 2(e) of the Micro, Small and Medium Enterprises Development Act, 2006 or Industry as an undertaking as defined under section 3
6. (d) of the Industries (Development and Regulation) Act, 1951 or Company defined under the Companies Act, 2013 (Central Act 18 of 2013) or a Society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or a Limited Liability Partnership Firm as defined under the Limited Liability Partnership Act, 2008 (Central Act 6 of 2009) or a Trust as defined under the Indian Trust Act, 1882 (Central Act 2 of 1882) or a Partnership Firm as defined under the Indian Partnership Act, 1932 (Central Act 9 of 1932) or any person employing ten or more persons or such entity, as may be notified by the Government from time to time, for salary, wages or other remuneration for the purpose of manufacturing or providing any service;

Compulsory registration Every employer shall, register such employees receiving 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 any employer unless the registration process of all such employees is completed on the designated portal. Explanation- For the purpose of section 3 and section 4 of this Act,

Recruitment of local candidates

1. (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 with respect to 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.
2. (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.

Exemption

1. (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. (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. (3) On the basis of

Employer to furnish Report Every employer shall furnish a quarterly report about vacancies & employment in such format & by such date as may be prescribed on the designated portal.

Power to access, verify records and documents

1. (1) The report furnished by the employer under section 6 shall be examined by the Authorized Officer.
2. (2) The Authorized Officer shall have powers to call

1. (1) Any employer aggrieved by an order passed by the Designated Officer under section 5 or by the Authorized Officer under section 7, may within sixty days, prefer an appeal to such Appellate Authority, in such form and in such manner, as may be prescribed.
2. (2) Every appeal preferred under sub-section
3. (1) shall be accompanied by such fees, as may be prescribed.
4. (3) After the receipt of appeal under sub-section (1), the Appellate Authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within sixty days.
5. (4) The Appellate authority may rescind, confirm or modify such order.
6. (5) The Appellate authority shall follow such procedure, as may be prescribed.

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.

Penalty for contravention of section 3 Save as otherwise expressly provided in this Act, if any employer contravenes the provisions of section 3 of this Act or of any rules made there under or of any order in

Penalty for contravention of section 4 Save as otherwise expressly provided in this Act, if any employer contravenes provisions of section 4 or of any rules made there under or of any order in writing given there under, he

Penalty for disobeyance of direction issued under section 5 Save as otherwise expressly provided in this Act, if any employer disobeys any order in writing made by the Designated Officer under section 5, he shall be guilty of an offence punishable with 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 five thousand rupees for each day till the time contravention is so continued.

Penalty for falsification and non-furnishing of records etc.

1. (1) Any Employer-
   • (i) produces false records or counterfeits or knowingly makes or produces or uses a false statement, declaration or evidence regarding any document in connection with compliance of any of the provisions of this Act or any rules made there under; or
   • (ii) makes, gives or delivers knowingly a false return, notice, record or report containing a statement, entry or detail, Shall be punishable with penalty which may extend to fifty thousand rupees for each offence.
2. (2) Where any person convicted of an offence punishable under sub-section
3. (1) is again convicted of an offence under the same provision, he shall be punishable with penalty which shall not be less than two lakh rupees but which may extend to five lakh rupees.

1. (1) No order under this Act shall be passed under section 5 or section 7 unless an opportunity of being heard is provided to the employer.
2. (2) No penalty under this Act shall be imposed unless the person concerned is given a notice in writing by the Designated Officer, informing him of the grounds of penalty which is proposed to be imposed on him and providing him an opportunity of being heard.

Limitation of prosecution and cognizance of offence No Court below the rank of Sub Divisional Magistrate shall take cognizance of any offence punishable under this Act, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Authorized Officer or Designated Officer. Explanation- For the purposes of this section,-

1. (i) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
2. (ii) Where for the performance of any act, time is granted or extended on an application made by the employer, the period of limitation shall be computed from the date on which the time so granted or extended expired.

Protection of action taken in good faith No suit or other legal proceedings shall lie in any Court against any Authorized Officer or Designated Officer or against any person or body of persons acting under the order or direction of such Authorized Officer and Designated Officer for anything which is done in good faith, or intended to be done in pursuance of provisions of this Act.

Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the Government may, within two years since commencement of the Act by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it necessary or expedient for removing the difficulty.

Power to issue effect to the provision of this Act The Government may, from time to time, issue directions or order in writing for giving effect to the provision of this Act.

Act to have overriding effect Notwithstanding anything inconsistent therewith contained in any other law of the State for the time being in force or any instrument having effect by virtue of such law, the provision of this Act shall have overriding effect.

Power to make rules

1. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule framed under this Act shall be laid before the legislature of the State within six months of its formation.