2.             In this Act ,unless the context otherwise requires--

                  (a)   "appropriate Government  " means ---

                     (I) in relation to ---

                                                (a) any establishment of any railway, major part, 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 percent of the share 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 ;

                    (ll)    in relation to any other establishment ,the Government of the State in which that other establishment  is situated ;

 (b)    "employees " means any person who is employed is 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 persons entrusted with the supervision and control of employees in such establishment ;

(d)    "employment exchange " means any office or place established
         and maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting ---

(i)        persons who seek to engage employees,       

                       (jj)        persons who seek employment , and

                      (iii)       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 as establishment
                   owned, controlled or managed by---   

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

(jj)  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 " means an establishment which 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 ---

     (i) daftari,

    (ii) jamadar, orderly and peon,

   (iii) dusting man or farash,

   (iv) bundle or record lifter,

   (v) process server,

   (vi) watchman,

   (vii) sweeper

   (viii) any other employees 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.              (I) This Act shall not apply in relation to vacancies ---

                                 (a)  in any employment in agriculture (including

                                   horticulture) in any establishment in private sector

                                    other than employment as agricultural or farm

                                     machinery operatives;

         (b)  in any employment in domestic service ;

                                 (c) in any employment the total duration of which is

                                   less than  three months ;

                                 (d)  in any employment to do unskilled office work ;

                                 (e)  in any employment connected with the staff of

                                   Parliament .   

(II) Unless the Central Government otherwise directs by notification in the official a Gazette in this behalf this Act shall not also apply  in relation to --

(a) Vacancies which are proposed to  be 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;

                      (b) Vacancies in an employment which carries a

                      remuneration of  less than sixty rupees in month

                      Notification of vacancies to employment exchanges

4          (I)   After the commencement of this Act in any State of 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

(II)  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 .

            (III) The manner in which the vacancies referred to in sub -section (1)or sub-section (II) shall notified the employment exchanges and the particulars or employments in which such vacancies have occurred about to occur shall be such as my be prescribed .

           (iv) Nothing in sub-sections (1)and (11)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 forms:

5-        (I)  After the commencement of this Act in 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 .

(II)  The appropriate Government may, be 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 establishment 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 tat establishment to such employment exchanges as may be prescribed and the employer shall thereupon comply with such requisition .

(III)   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 authorised 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-              (I)  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

                (II) If any person--

                                (a) required  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                 

                                 (b)  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 five hundred rupees .

Cognizance of offences

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 or any person authorized by that officer in writing .

 Protection of action taken in good faith

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 rule

10.       (I) 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 .

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

(a)  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;

                        (b)   The form and manner in which and the intervals at which information and return required under section 5 shall be furnished, and the particulars which they shall contain;

                        (c)  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 ;

                       (d)  Any other matter which is to be, or may be prescribed under this Act .

(III)  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

(AMENDED UP TO 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  Exchange (Compulsory  Notification of Vacancies )Rules 1960.

                                                              (2) They shall come into force on the 1st day of May,1960

2. Definition - In these rules, unless the context  otherwise requires--

(1) "Act" means the Employment Exchanges (Compulsory Notification of Vacancies )Act, 1959  (31of 1059)

(2) "Central Employment Exchange " means any  employment exchange  established  by the Govt. of India, Ministry of Labour & 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 establishments 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  technical and scientific nature carrying a basic pay of Rs.1400/- or more per month occuring in establishment in respect of which the Central Govt. is the appropriate Government under the Act, and

                       (b) vacancies which a n employer may desire to be circulated to
             the Employment Exchanges outside the  State of Union Territory in which
             the establishment is situated, shall be notified to such Central
             employment exchange as may be specified by the Central Government
             by the 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 and address of the employer ;

      2. Telephone number of the employer, if any;

      3.  Nature of vacancy -

(a) Type of workers required (Designation);             

(b)  Description of duties;

(c)  Qualification required -

                                          (i) Essential

                                         (ii) Desirable

                                        (iii) Age limits, if any;

                                        (iv) 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 vacancy will be filled .

      8. Particulars regarding interview /test of applicant -

                (a) Date of Interview/test.

                (b) Time of interview /test.

                (c) Place of Interview/test.

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

       9.  Where 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 notified in writing to the appropriate Employment Exchange if there is any change in the particulars already furnished  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   applicant will be interviewed  or tested where interviews 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  E.R.1 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 31 December. Biennial return shall be furnished within thirty days of the due date as notified  in the official Gazette.

 7.  Officer for purposes of Section 6 -The director is hereby prescribed as the officer who shall exercise the rights referred to in section 6,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 .