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Administrative Report

Detail Act 1959 and Rules 1960


 
APPENDIX I (I)
[Para i.6,2.i(b) Part II]

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

No. 31 of 1959

 (2nd September, 1959)

An Act to provide for the compulsory notification of vacancies to employment exchanges.

BE it enacted by Parliament in the Tenth year of the Republic of India as follows :

Short title, extend and commencement:

1.      

  1. The Act may be called the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
  2. It extends to the whole of India except the State of Jammu and Kashmir.
  3. It shall come into force in a State on such  a date as the Central Government may, by notification in the Official  Gazette, appoint in this behalf for such       State and different dates may be appointed for different States or for different areas of a State.
Definitions:
2.         In this Act, unless the context otherwise requires:
(a) “appropriate Government” means- (I) in relation to:

(a)    any establishment of any railway, major port, mine or oil-field, or

(b)   any establishment owned, controlled or managed by-

(i)      the Central Government or a department of the Central Government,

(ii)    a company in which not less than fifty-one per cent of the shares capital is held by the Central Government or partly by the Central Government and partly by one or more State Governments,

(iii)   a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government;

(II)  in relation to any other establishment, the Government of the State in which that other establishment is situated; (b) “employee” means any person who is employed in an establishment to do any work for remuneration; (c)  “employer” means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; (d) “employment exchange” means any office of place established and maintained  by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting- 

  1. persons who seek to engage employees,

  2. persons who seek employment, and

  3. vacancies to which persons seeking  employment may be appointed;

            (e) “establishment”   means

(a) any office, or

(b)  any place where any industry, trade business or occupation is carried on;

(f) “establishment in public sector” means an establishment owned, controlled or managed by-

(i) the Government or a Department of the Government;

(ii) a Government company as defined in Section 617 of the Companies Act , 1956,

(iii)  a corporation (including a co-operative society) established by or under a  Central provincial or State Act, which is owned, controlled or managed by the Government, 

(iv)  a local authority;

(g)  “establishment in private sector” an establishment  winch is not an establishment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration; (h) “prescribed” means prescribed by rules made under this Act;

(i) “unskilled office work” means work done in an establishment by any of the following categories of employees, namely 

  1. daftari,

  2. jamadar, or   orderly and peon,

  3. dusting man or farash,

  4. bundle or record lifter,

  5. process server,

  6. watchman,

  7. sweeper,

  8. any other employee doing  any routine or unskilled work which the Central Government may, by notification in the Official Gazette, declare to be unskilled office work.

Act not to apply in relation to certain vacancies:

3. 

  1.  This Act shall not apply in relation to vacancies

  1. in any employment in agriculture (including  horticulture) in any establishment  in private sector  other than employment as agricultural or farm machinery operatives;

  2. in any employment  in domestic service;

  3. in any employment the total duration of which is less than three months;

  4. in any employment to do unskilled office work;

  5. in any employment connected with the staff of Parliament.

  1. Unless the Central Government otherwise directs by notification in the Official Gazette in this  behalf this Act shall  not also apply relation to:

  1. Vacancies which are proposed to filled through promotion or by absorption or surplus staff of any branch or department  of  the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as the Union or a State  Public Commission and the like;

  2. Vacancies in an employment which carries a remuneration of less than sixty rupees in month.

Act not to apply in relation to certain vacancies:

3. 

  1.  This Act shall not apply in relation to vacancies

  1. in any employment in agriculture (including  horticulture) in any establishment  in private sector  other than employment as agricultural or farm machinery operatives;

  2. in any employment  in domestic service;

  3. in any employment the total duration of which is less than three months;

  4. in any employment to do unskilled office work;

  5. in any employment connected with the staff of Parliament.

  1. Unless the Central Government otherwise directs by notification in the Official Gazette in this  behalf this Act shall  not also apply relation to:

  1. Vacancies which are proposed to filled through promotion or by absorption or surplus staff of any branch or department  of  the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as the Union or a State  Public Commission and the like;

  2. Vacancies in an employment which carries a remuneration of less than sixty rupees in month.

Notification of vacancies in employment exchanges:

4.

  1. After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment notify that vacancy to such employment exchanges as may be prescribed. 

  2. The appropriate Government, may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment  may be prescribed, exchanges as and the employer shall thereupon comply with such requisition.
  3. The manner in which the vacancies referred  to in sub-section  (I) or sub-section (II) shall be notified the employment exchanges and the particulars or employments in which such vacancies have occurred about to occur shall be such as may be prescribed.
  4. Nothing in sub-section (I) and (II) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-sections. 
Employers to furnish information and returns in prescribed form

5.

  1. After the commencement of this Act any State or area thereof, the employer in every establishment in the public sector in that State or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about  to  occur  in that establishment, to such employment exchanges as may be prescribed.

  2. The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category or establishments in private sector shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in than establishment to such employment exchanges as may be prescribed, and the employer  shall thereupon comply with such requisition.
  3. The form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such  as may be prescribed.
Right of access to records or documents

6. Such officer of Government as may be prescribed in this behalf, or any person authorized by him in writing, shall have access  to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises  where he  believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under this section. Penalties

7. 

  1.  If  any employer fails to notify  to the employment exchanges prescribed for the purpose any vacancy in contravention of sub-section  (I) or sub-section (II) of section 4, he shall be punishable for the first offence with fine which may  extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees.

  2. If any person-
  1. requied to furnish any information or return-

    (i)  refuses or neglects to furnish such information or return , or

    (ii) furnishes or causes to be furnished any information or return which he knows to be false, or

    (iii) refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under section 5; or

  2. impedes the right of access  to relevant records or documents or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.

Cognisance of offence:

8.  No prosecution for an offence under this Act shall be instituted except by or with the sanction of such officer of Government as may be prescribed in this behalf of or any person authorized by that officer in writing.

9.  No suit, prosecution, or other legal proceeding shall lie against any person for anything which  is in good faith  done or intended to be done under this Act.

Power to make rules:

10.

  1. The Central Government may, by notification in the  Official Gazette and subject to the condition of previous publication make rules for carrying out the purposes of this Act. 

  2. In particular and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

  1. the employment exchange or exchanges to which, the form and manner in which and the time within which, vacancies shall be notified, and the particulars of employment in which  such vacancies have  occurred or are about to occur;

  2. the form and  manner in which and the intervals at which information and returns required under section 5 shall be furnished, and the particulars which they shall contain;

  3. the officers by whom and the manner in which the right of access to documents and the right of entry conferred by section 6 may  be exercised;

  4. any other matter which is to be, or may be prescribed under this Act.

  1. All rules made under this Act shall be laid for not less  than thirty days before each House of Parliament as soon as may be after they are made, and  shall be subject to such modifications as Parliament may make during the session  in which they are so laid or the session immediately following.

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES* 1960 (AS AMENDED UPTO DATE)** In exercise of the powers conferred by section 10 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section  (i) of the said section, namely; RULES 1. Short title and commencement- 

(1)   These rules may be called  the Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960.

(2)   They shall come into force on the 1st day of May, 1960. 2.  Definitions.- In these rules, unless the context otherwise requires,-

  1. “Act” means the  Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959);

  2. “Central Employment Exchange” means any employment exchange established by the Govt. of India, Ministry of  Labour and  Employment.

  3. “Director” means the officer- in-charge of the Directorate administering employment exchanges in a State of Union territory;

  4. “form” means a form appended to these rules;

  5. “Local Employment Exchange” means- that      Employment Exchange (other than the Central Employment Exchange) notified in the official Gazette by the State Government or the Administration of the Union Territory as having jurisdiction over the area in which the establishment concerned is situated or over specified classes or categories of establishment s or vacancies;

  6. “Section” means a section of the Act.
3.  Employment Exchanges to which vacancies are to be notified- (1) The following vacancies, namely:

(a)    Vacancies in posts of a technical and scientific nature carrying a basic pay of Rs. 425/- or more per month occurring in establishments in respect of which the Central Government is the appropriate Government  under the Act, and

(b)   Vacancies which an employer may desire to be circulated to the Employment Exchanges outside the State or Union Territory in which the establishment is situated,

Shall be notified to such Central Employment Exchanges as may be specified by the Central Government by notification in the official gazette, in this behalf.

(2)  Vacancies other than those specified in sub-rule (1) shall be notified to the local Employment Exchange concerned. 4. Form and manner of notification of vacancies:  (1). The vacancies shall be notified in writing to the appropriate Employment Exchange, and the following particulars shall be furnished, where practicable, in respect of each type of vacancy: -  1. Name, address and telephone No   ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- of the employer  ---------- ---------- ---------- ---------- ---------- 2. Name, designation and telephone No.              ---------- ---------- ---------- ----------     of the indenting officer                                     ---------- ---------- ---------- ---------- 3. Nature of vacancy:

    (a) Type of workers required (Designation)     ---------- ---------- ---------- ----------

    (b) Description of duties;                                  ---------- ---------- ---------- ----------

    (c) Qualifications required:         (i) Essential                                                   ---------- ---------- ---------- ----------         (ii) Desirable                                                  ---------- ---------- ---------- ----------       (d) Age limits, if any                                  ---------- ---------- ---------- ----------     (e) Whether women are eligible               ---------- ---------- ---------- ---------- 4. Number of vacancies--             (a) Regular-                  ---------- ---------- ---------- ---------- ----------             (b) Temporary-             ---------- ---------- ---------- ---------- ---------- 5. Pay and allowances- 6. Place of work                       ---------- ---------- ---------- ---------- ----------  (name of town/village and district in which it is situated). 7. Probable date by which the vacancies will be filled.  ---------- ---------- ---------- ---------- 8. Particulars regarding interview/test of applicants             (a) Date of Interview/test-                             ---------- ---------- ---------- ----------             (b) Time of Interview/test-                             ---------- ---------- ---------- ----------             © Place of  Interview/test-                             ---------- ---------- ---------- ----------

            (d)   Designation and address of the person 
                 to whom applicants should report-                     ---------- ---------- ---------- ------

9.  Whether there is any obligation or arrangement for giving preference to any category of persons such as Scheduled Castes, Scheduled Tribes, Ex-Serviceman and Physically Handicapped persons in filling up the vacancies, and if so, the number of vacancies to be filled by such categories of persons. 10. Any other relevant information.
(2) The vacancies shall be re-notified in writing to the  appropriate Employment Exchange if there is any change in the particulars already furnishes to the Employment  Exchange under sub-rule(1).

5. Time-limit for the notification of vacancies:

(1) Vacancies, required to be notified to the local Employment Exchange, shall be notified at least 15 days before the date on which applicants will be interviewed or tested where interviews  or tests are held , or the date on which vacancies are intended to be filled, if no interviews, or tests are held. (2) Vacancies, required to be notified to the Central Employment Exchange, shall be notified at least four weeks before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held. (3) An employer shall furnish to the concerned Employment Exchange, the results of selection within 15 days from the date of selection.
6.  Submission of returns : An employer shall furnish to the local Employment  Exchange quarterly returns in Form ER-I and biennial returns in Form ER-II.. Quarterly returns shall be furnished within thirty days of the due dates, namely, 31st  March, 30th June, 30th Sept. and 31st December. Biennial return shall be furnished within thirty days of the due date as notified in the official Gazette. 7.  Officer for purpose of Section 6: The director is hereby prescribed as the officer who shall exercise the rights referred to in Section6, or authorize any person in writing to exercise those rights. 8.  Prosecution under the Act: The Director of Employment of the State in which the establishment is located is being prescribed as the officer who may institute or sanction the institution of  prosecution for an offence under the Act, or authorise  any person in writing to institute or sanction the institution  of such prosecution.
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