LexThe Andhra Pradesh Employment of Local Candidates in the Industries/Factories Act, 2019
Andhra Pradesh · state statute
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THE ANDHRA PRADESH EMPLOYMENT OF LOCAL CANDIDATES IN THE
INDUSTRIES/FACTORIES ACT, 2019.
(ACT No. 29 OF 2019)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent, commencement and application
2. Definitions
3. Appointment of Local Candidates
4. Exemptions
5. Employer/occupier/owner to furnish report
6. Verification of report
7. Right to access to records or documents
8. Penalties
9. Appeals
10. Protection of acts done in good faith
11. Power to remove difficulties
12. Power to issue directions
13. Act to over ride the other laws
14. Power to make rules
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THE ANDHRA PRADESH EMPLOYMENT OF LOCAL CANDIDATES IN THE
INDUSTRIES/FACTORIES ACT, 2019.
(ACT No. 29 OF 2019)
[17th August, 2019]
AN ACT TO PROVIDE 75% OF EMPLOYMENT TO LOCAL CANDIDATES IN
THE INDUSTRIES AND FACTORIES AND THE MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India as follows:-
1. Short title, extent, commencement and application -(1) This Act may be
called “The Andhra Pradesh Employment of Local Candidates in the
Industries/Factories Act, 2019”.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date, as the Government may by
notification, appoint.
(4) This Act applies to all the industries and factories which were
already established and to be established after enactment of the Act.
(5) This Act shall also apply to joint ventures and projects taken up
under PPP mode.
2.Definitions -In this Act, unless the context otherwise requires, -
(a)‘Employer’ means a person defined under section 2(9) of the
Andhra Pradesh Shops and Establishments Act, 1988
(Act.No.20 of 1988);
(b)‘Enterprise’ means as defined under section 2(e) of the
Micro, Small and Medium Enterprises Development Act,
2006 (Central Act.No.27 of 2006);
(c)‘Factory’ means as defined under section 2(m) of the
Factories Act, 1948 (Central Act.No.63 of 1948) ;
(d)‘Government’ means State Government of Andhra Pradesh;
(e)Industry’ means an undertaking as defined under section
3(d) of the Industries (Development and Regulation) Act,
1951 (Central Act No.65 of 1951);
(f) ‘Joint Venture’ means ‘a commercial enterprise undertaken
jointly by two or more parties which otherwise retain their
distinct identities;
(g)‘Local candidate’ means a candidate who is domiciled in the
State of Andhra Pradesh. The requirements for domicile and
priority among the Local Candidates, District wise, Zone
wise etc., for the purposes of recruitment shall be as
prescribed under the Rules;
(h)‘Nodal Agency’ means the Agency notified by the
Government under the Rules;
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(i) ‘Notification’ means Notification published in the Andhra
Pradesh Gazette and the word notified shall be construed,
accordingly;
(j) ‘Occupier’ means a person defined under section 2(n) of the
Factories Act, 1948;
(k)Owner’means a person defined under section 3(d)(dd)(f) of
the Industries (Development and Regulation) Act, 1951;
(l) Prescribed’ means prescribed by rules made under this Act;
(m) ‘PPP’ means ‘A Public-Private Partnership and is a
cooperative arrangement between two or more public and
private sectors;
(n)“Preference” means preference among the Local Candidates
for recruitment shall be as prescribed in the Rules;
(o)‘Worker’ means a person defined under section 2(l) of the
Factories Act, 1948;
3. Appointment of Local Candidates -Any Industry/Factory/Joint Venture
and project taken up even under PPP mode shall appoint/engage not less than
seventy-five percent (75%) of the employment with local candidates:
Provided that where qualified/suitable local candidates are not
available, the industry/factory within 3 years with active collaboration of
Government shall take steps to train and engage local candidates:
Provided further that the existing Industries/Factories/Joint Ventures
and projects taken up under PPP mode shall also ensure 75% employment to
the local candidates within a period of three years from the date of the
Commencement of this Act.
4. Exemptions –In respect of factories/industries in the event of local
candidates not being available, the industry/factory/joint venture/project
taken up under PPP mode may apply for exemptions from the provisions of the
Act to the Government and the Government after due enquiry shall pass
appropriate orders.
5.Employer/occupier/ownerto furnish report - Every
Employer/Occupier/Owner shall furnish a quarterly report of such
appointments to the Nodal Agency.
6. Verification of report -The Nodal Agency shall verify the reports furnished
by the employer/occupier/owner and submit a report to the Government.
7. Right to access to records or documents -The Nodal Agency shall have
access to any relevant record or document in the possession of any
Employer/Occupier/Owner required to furnish return under section 6 of this
Act.
8. Penalties -Any Employer/Occupier/Owner, who contravenes the provisions
of section 3 of this Act, is liable for penalty as prescribed in the rules.
9. Appeals - The Employer/Occupier/Owner of Industries/Factories/Joint
Ventures and Projects taken up under PPP mode on whom an order in writing
by a Nodal Agency has been served under the provisions of this Act may, within
30 days of the service of the order, appeal against it to the prescribed
authority, and such authority may, subject to rules made in this behalf by the
State Government, confirm, modify or reverse the order.
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10. Protection of acts done in good faith -No suit or other legal
proceedings shall lie in any court against the Institution, or against any
authority, officer or employee of the Institution or against any person or body
or persons acting under the order or direction of any authority or officer or
employee of the Institution for anything which is in good faith done, or
intended to be done in pursuance of the Act.
11. Power to remove difficulties - (1) If any difficulties arise in giving effect
to the provisions of the Act, the Government may, by order, make such
provisions, not inconsistent with the provisions of the Act, as appear to them to
be necessary or expedient for removing the difficulty:
(2) Every order made under this section shall as soon as may be after it
is made, be laid before each house of the State Legislature.
12. Power to issue directions -Notwithstanding anything contained in any
other law, but subject to the provisions of this Act, the State Government may
from time to time, issue such directions, orders in writing to the
Employer/Occupier/Owner for giving effect to the provisions of this Act which
shall be complied by the Employer/Occupier/Owner.
13.Act to over ride the other laws -Unless otherwise expressly provided in
this Act, the provisions of this Act and of any orders and rules made there
under shall have effect, notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or any instrument having
effect by virtue of such law.
14. Power to make rules -(1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen(14)
days which may be comprised in one session or in two successive sessions and
if, before the expiration of the session in which it is so laid or the session
immediately following the Legislature agrees in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
SALADI VENKATESWARA RAO,
Secretary to Government (FAC),
Legal and Legislative Affairs & Justice,
Law Department.