The Haryana Contractual Employees (Security of Service) Act, 2024 (Haryana Act No. 17 of 2024).

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 6th December, 2024

No. Leg. 24/2024.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 29th November, 2024 and is hereby published for general information:-

HARYANA ACT NO. 17 OF 2024

THE HARYANA CONTRACTUAL EMPLOYEES (SECURITY OF SERVICE) ACT, 2024

AN

ACT

to provide security of service to contractual employees and for the matters connected

therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-fifth Year of the

Republic of India as follows:-

1. (1) This Act may be called the Haryana Contractual Employees (Security of Service) Act, 2024.

Short title, commencement and extent.

(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.

Definitions.

2. In this Act, unless the context otherwise requires,-

(a) "appointed date" means the 15th August, 2024; (b) "appropriate authority" means such appointing authority, as may be notified by the

Government for the Government Organization;

(c) "appellate authority" means such appellate authority, as may be notified by the

Government for the Government Organization;

(d) "eligible contractual employee" means an employee engaged on contract, adhoc or

outsource basis in the Government Organization on the appointed date;

(e) "Government" means the Government of the State of Haryana in the Human

Resources Department;

(f) "Government Organization" means a department, board, corporation or authority under which the eligible contractual employee was working on the date of the commencement of this Act;

(g) "prescribed" means prescribed by the rules made under this Act; (h) "Schedule" means the Schedule appended to this Act; (i) "superannuation" means such age of superannuation, as may be notified by the

Government.

3. The eligible contractual employee shall be an employee who,-

Eligibility conditions.

(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.

Tenure of engagement.

4. The eligible contractual employee shall continue to work in the Government Organization till he attains the age of superannuation.

Remuneration. 5. (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. (1) The Government may, by notification in the Official Gazette, amend or revise the Schedule.

Power to amend 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. 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.

Discipline, penalties, appeals and other matters.

Power to remove difficulty.

8. (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.

Protection of action taken in good faith.

9. 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.

Power to make rules.

10. (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. The provisions of the Haryana Guest Teachers Service Act, 2019 (13 of 2019) shall be amended as specified in the Second Schedule.

Amendment of Haryana Act 13 of 2019.

Repeal and savings.

12. (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.

FIRST SCHEDULE

(see section 5)

SECOND SCHEDULE

(see section 11)

AMENDMENT OF THE HARYANA GUEST TEACHERS SERVICE ACT, 2019

(13 of 2019)

1. In section 4 of the Haryana Guest Teachers Service Act, 2019 (13 of 2019) (hereinafter called the principal Act), the words and sign "However, such consolidated honorarium shall not exceed the minimum of the pay-scale (at the lowest grade, in the regular pay scale), extended to corresponding regular teacher of the Department.", shall be omitted.

2. After section 4 of the principal Act, the following section shall be inserted, namely:-

"4A, Other benefits.-A guest teacher shall be eligible to receive the benefits under items (2), (3), (4) and (5) of the First Schedule to the Haryana Contractual Employees (Security of Service) Act, 2024, with effect from the appointed date.".

RITU GARG,

ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

11462—L.R.—H.G.P., Pkl.