HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2024 (AGHN. 15, 1946 SAKA)

153

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

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)

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.

Short title,

commencement

and extent.

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.

Definitions.

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.

Eligibility

conditions.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2024 (AGHN. 15, 1946 SAKA)

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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.

The eligible contractual employee shall continue to work in the Government Organization

till he attains the age of superannuation.

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.

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.

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.

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.

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.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2024 (AGHN. 15, 1946 SAKA)

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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.

Power to make

rules.

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.

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.

Repeal and

savings.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2024 (AGHN. 15, 1946 SAKA)

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FIRST SCHEDULE

(see section 5)

The additional remuneration shall be fixed as follows, namely:-

Serial

Number

Number of years of engagement

on the appointed date

Additional remuneration over and

above the entry pay in the pay level

on the appointed date

(i)

Over 10 years

15 percent of entry pay in the pay

level

(ii)

Over 8 years but upto 10 years

10 percent of entry pay in the pay

level

(iii)

Over 5 years but upto 8 years

5 percent of entry pay in the pay

level

Healthcare benefits as notified under the Pradhan Mantri–Jan Arogya Yojna (PM-JAY) CHIRAYU

Extension Scheme or as revised by the Government.

Death-cum-Retirement Gratuity at equivalent rates specified in the Code on Social Security, 2020

(Central Act 36 of 2020).

Maternity Benefit as per the provisions of the Code on Social Security, 2020 (Central Act 36 of 2020).

Benefit of ex-gratia compassionate financial assistance or compassionate appointment in Haryana

Kaushal Rozgar Nigam in accordance with such policy, as may be notified by Government.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2024 (AGHN. 15, 1946 SAKA)

157

SECOND SCHEDULE

(see section 11)

AMENDMENT OF THE HARYANA GUEST TEACHERS SERVICE ACT, 2019

(13 of 2019)

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.

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.