The ordinance provides 75% of new employment to local candidates for jobs having salary of less than Rs 50,000 per month in privately managed companies, societies, trusts, limited liability partnership firms, partnership firms, situated in Haryana.(Representational photo)
The ordinance provides 75% of new employment to local candidates for jobs having salary of less than Rs 50,000 per month in privately managed companies, societies, trusts, limited liability partnership firms, partnership firms, situated in Haryana.(Representational photo)

Haryana cabinet withdraws ordinance on private job quota

The BJP-JJP coalition government intends to replace it with a replica bill in the state assembly
Hindustan Times, Chandigarh | By Hitender Rao
UPDATED ON OCT 17, 2020 11:39 AM IST

The Haryana cabinet on Friday withdrew the ordinance it had approved two months ago to provide 75% reservation in private sector jobs.

The ordinance was not promulgated by the governor, who had reserved it for the consideration of the President. The proposed legislation was sent to the Union home ministry for scrutiny before the President took a call.

The BJP-JJP regime intends to bring a replica bill in the assembly after withdrawing the ordinance. A replica bill passed by the assembly will also have to be reserved for the consideration of the President, officials said.

Deputy chief minister and JJP leader Dushyant Chautala, who piloted the private quota move, had earlier written to the governor, seeking the withdrawal of the ordinance. However, officials said the cabinet will first have to sanction the move to withdraw the ordinance.

“The ordinance has not been promulgated. Since it has been sent to the Centre for the President’s consideration, it is still under progress. So,unless it’s withdrawn by the governor by writing to the central government, a replica bill cannot be tabled in the assembly. The move to withdraw it can only be approved by the cabinet,” a senior official said.

Former advocate general Ashok Aggarwal said it is the government’s prerogative to introduce an identical bill in the legislature. However, the decision not to do so when an ordinance is reserved for the President’s consideration is a step in consonance with the highest traditions of constitutional propriety.

“Once the governor has expressed an opinion for seeking presidential assent, it is appropriate not to hurry up or make an overreach by presenting a bill in the assembly. Let the higher constitutional functionary take a view,” Aggarwal said.

The law expert said the Supreme Court had held that an ordinance is also identical to a law passed by the legislature.

The governor’s move to reserve the ordinance for the consideration of President is being seen as a setback for Dushyant, whose party had made a poll promise to implement the quota.

Article 201 of the Constitution says that President can either declare that he assents to the proposed law or that he withholds the assent. The President can also direct the governor to return it to the House for reconsideration.

Why was it reserved for President’s consideration

The ordinance was reserved for the President’s consideration as its Section 23 gave it an overriding effect over other laws and it had the potential to be repugnant to an Act of the Parliament.

The clause providing for preference in jobs to the local candidates domiciled in Haryana also was seemingly in contravention of Article 14 of the Constitution pertaining to equality before the law and Article 19 (1)(g) that provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business. The Constitution does not provide a time limit for the President to assent to a bill or withhold it.

Amended crime control bill without wiretap clause to be tabled

Following objections by the Centre, the cabinet on Friday struck off provisions pertaining to phone interception in the Haryana Control of Organized Crime (HCOC) Bill, 2019, replacing it with an amended version. The state assembly had in 2019 passed the HCOC Bill. Subsequently, the governor had reserved it for the consideration of the President. However, the Centre raised objections regarding provisions pertaining to phone interception and its authorisation in the proposed law on the ground that such provisions already exist under the Indian Telegraph Act and the IT Act.

Thus, the cabinet considered the proposal of home department to withdraw the 2019 bill and introduce it in the amended form in the next assembly session.

Other decisions

Haryana cabinet on Friday approved amendments in the Teacher Transfer Policy, one of which states that after the transfer drive, the ‘newly married’ or ‘recently divorced’ female employees will be given preferred place of posting against vacancy upon request.

Haryana government has also decided to exempt CTU buses plying in Panchkula on local routes from payment of Motor Vehicles Tax.

It gave nod for draft of Haryana Water Resources Conservation (Management and Regulation) Authority Bill, 2020.

Haryana government has decided to redesignate the ‘Department of Housing’ as ‘Department of Housing for All’, which will subsume various housing schemes currently undertaken by several departments.

It has also given nod to reinstallation of toll point number 26 on Kala Amb-Sadhaura-Shahbad road up to March 31, 2022.

The cabinet gave ex post facto approval for providing state government guarantee of 700 crore in favour of commercial banks for working capital facilities sanctioned to DHBVNL.

It also approved an amendment in Haryana Civil Services (Pay) Rules, 2016, for the pay fixation/ pay protection on subsequent appointment from higher pay scale to lower pay scale.

The cabinet gave its nod to creation of new directorate of MSME, which will be responsible for making policies, schemes for the overall development of such enterprises.

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