Posted by & filed under Haryana-Labour Dept.

Vocal for Local: Overview of the Haryana State Employment of Local  Candidates Act, 2020 | India Corporate Law

Short title and commencement.

  1. (1) These rules may be called the Haryana State Employment of Local Candidates Rules, 2021.
    (2) They shall come into force with effect from the date of coming into force of the Haryana State
    Employment of Local Candidates Act, 2020 (3 of 2021).

In exercise of the powers conferred by sub-section 3 of section 1 of the Haryana State Employment of Local Candidates Act, 2020 (3 of 2021), the Governor of Haryana hereby specifies the 15th day of January, 2022 for the purposes of said sub-section.

  • This Act may be called the Haryana State Employment of Local Candidates Act, 2020
  • It extends to the whole of the State of Haryana
  • It shall come into force on such date, as the Government may, by notification in the Official Gazette, specify
  • This Act applies to all the Companies, Societies, Trusts, Limited Liability Partnership firms, Partnership Firm and any person employing ten or more persons and an entity, as may be notified by the Government, from time to time
  • It shall cease to have an effect on the expiry of ten years from the date of its commencement, except as respect to the things to be done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (Central Act 10 of 1897), shall apply as if this Act had then been repealed by a Central or State Act, as the case may be.
  • Employer” means a Company registered under the Companies Act, 2013 (Central Act 18 of 2013) or a Society registered under the Haryana Registration and Regulation of Societies Act, 2012 (1 of 2012) 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 on salary, wages or other remuneration for the purpose of manufacturing or providing any service or such entity, as may be notified by the Government from time to time, but shall not include the Central Government or the State Government or any organization owned by the Central Government or the State Government; 

Compulsory registration

  • On and from the date of commencement of this Act, every employer shall, register such employees receiving a gross monthly salary or wages not more than thirty thousand rupees or as notified by the Government, from time to time, on the designated portal, within three months of coming into force of this Act
  • Provided that no person shall be employed or engaged by any employer till the registration of all such employees is completed on the designated portal

Recruitment of local candidates.

  • After the commencement of this Act, every employer shall employ seventy-five percent of the local candidates with respect to such posts where the gross monthly salary or wages are not more than thirty thousand rupees or as notified by the Government, from time to time.
  • Provided that the local candidates may be from any district of the State, but the employer may, at his option, restrict the employment of local candidates from any district to ten percent of the total number of local candidates
  • Provided further that no local candidate shall be eligible to avail the benefits under this Act unless he registers himself on the designated portal

Exemption (1) The employer may claim exemption from the requirement of section 4, where an adequate number of local candidates of the desired skill, qualification, or proficiency is not available by applying to the Designated Officer in such form and manner, as may be prescribed.     (2) The Designated Officer shall, after such inquiry, as he deems fit and after evaluating the attempt made by the employer to recruit local candidates of the desired skill, qualification, or proficiency, may either-  (i) accept the claim of the employer for exemption from the provisions of section 4; or  (ii) reject the claim of the employer for an exemption for reasons to be recorded in writing; or  (iii) direct the employer to train local candidates to achieve the desired skill, qualification or proficiency.     (3) Every order made by the Designated Officer under sub-section (2), shall be placed on the website of the Government.   Employer to furnish report  Every employer shall furnish a quarterly report, by such date, as may be notified by the government in the Official Gazette, of the local candidates, employed and appointed during that quarter on the designated portal in such form, as may be prescribed   PenaltiesSection 3 (Compulsory registration)

 If any employer contravenes the provisions of section 3 of this Act or of any rules made thereunder or of any order in writing given thereunder, he shall be guilty of an offense punishable with the penalty which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and if the contravention is still continued after conviction, with a further penalty which may extend to five hundred rupees for each day till the time contravention is so continued.

Section 4 (Recruitment of local candidates)

if any employer contravenes provisions of section 4 or of any rules made thereunder or of any order in writing given thereunder, he shall be guilty of an offense punishable with the 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 one thousand rupees for each day till the time contravention is so continued. 

Section 5(Exemption)

 If any employer disobeys any order in writing made by the Designated Officer under section 5, he shall be guilty of an offense punishable with the penalty which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and if the contravention is still continued after conviction, with a further the penalty which may extend to one hundred rupees for each day till the time contravention is so continued.

Posted by & filed under Provident Fund - (Notification -Circulars).

EPFO has executed agreements with numerous pension disbursing banks for credit of pension to its pensioner. Current bank agreement with pension disbursing banks states that: “Pension will be credited on the 1st working day of the month to which the pension relates or in any case not later than 5th day of the month“. However, it has been observed that payment of pension to pensioners is not credited in the account on the due date as a result of which EPS pensioners face difficulties.

The matter has been reviewed by Pension Division and keeping in line with RBI instructions, it has been decided that all field offices may send the monthly BRS to banks in such a way that pension gets credited to pensioners account on or before the last working day of the month (except for the month of March that shall continue to be credited on or after 1st April). Further, it may simultaneously be ensured that actual pension is sent to the pension disbursing banks not earlier than two days before it is to be credited in pensioners’ accounts

Accordingly, while taking note of the above instructions for strict compliance, all offices are advised to issue necessary guidelines/directions to the pension disbursing banks under their respective jurisdiction to ensure proper implementation of the above.

Posted by & filed under Labour welfare fund-Karnataka.

Karnataka Labour welfare fund benefits

Karnataka Labour dept has extended the due date of Labour welfare fund contribution from 15th January 2022 to 31st January 2022

After the extended date delay in LWF, the contribution will attract a penal interest of 12% for the first 3 months & after 3 months the said penal interest will increase to 18 % on the amount due & inspection by the welfare commissioner

Posted by & filed under ESIC-Hospital.

As India has entered into the third wave of Covid-19 and there is an increase in the number of positive cases. Many employees are covered under ESIC in order to have better medical facilities ESIC has published a list of tie Up Hospital/Diagnostic Centre/Super Specialty Treatment/Pathology in

(Maharashtra/Gujarat/Himachal Pradesh/ Jharkhand/Karnataka/Kerala/ Uttar-Pradesh/Bihar)

Posted by & filed under Provident Fund - (Notification -Circulars).

In view of the initial signs of a surge in cases of COVID-19,  the matter regulating attendance of Central  Government employees has been reviewed and it has been decided as under. with immediate effect till 3151  January 2022:-

(i)        Physical attendance of  Government servants below the level of  Under Secretary shall be restricted to 50% of the actual strength and the remaining 50% shall work from home.  A roster may be prepared accordingly by all the

Departments concerned.

(ii)       All officers of the level of Under Secretary & above are to attend office on regular basis.

(iii)       Persons with   Disabilities and   Pregnant women employees shall be exempted from attending office but are required to work from home.

(iv)      The officers I staff shall follow staggered timings, to avoid over-crowding  in offices, as indicated below:

(a) 9.00 AM. to 5.30.  P.M.

{b) 10.00 AM. to 6.30 P.M.

(v)       All officers/ staff residing in the containment zone shall be exempted from coming to offices till the containment zone is denotified

Those officers/  staff who are not attending office and working from home shall be available on the telephone and other electronic means of communication at all times.

(vii)     Meeting, as far as possible, shall be conducted on video-conferencing and personal meetings with visitors,  unless absolutely necessary in the public interest, are to be avoided.

(viii)    All Officers/Staff have to ensure strict compliance with covid-appropriate behavior viz. frequent washing of hands/ sanitization, wearing a mask/ face cover, observing social distancing at all times.

(ix)      Proper cleaning and frequent sanitization of the workplace,  particularly of the frequently touched surfaces may be ensured.  HoDs may also ensure non• crowding in corridors, canteens, etc.

2.         All  Ministries/  Departments  I  Offices  as  well  as  the  Central  Government employees are directed to ensure strict compliance of instructions on COVID• appropriate behavior issued by MHA, MoH&FW, and DoP&T from time to time

Posted by & filed under Income Tax.

Extend Due Date of Income-tax returns, Tax audit reports for FY 2020-21 (AY  2021-22) (Representation)

On consideration of difficulties reported by the taxpayers and other stakeholders due to COVID and in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in the exercise of its powers under Section 119 of the Act, provides relaxation in respect of the following compliances.

Posted by & filed under Third Wave -Govt Restrictions.

With the Omicron variant surging across the world, including India, scientists are working at a record pace to decode the mutation and enhance vaccines that offer immunity against it.

With several Indian state governments urging people to follow guidelines, below are the pan India statewide guidelines