Notification of vacancies to Employment Exchanges
Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 makes it mandatory on
(A)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 concerned Employment Exchange.
(B)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 concerned Employment Exchange.
There is no obligation upon any employer to recruit any person through the Employment Exchange to fill any vacancy merely because that vacancy has been notified under the Act.
Employers to furnish information and returns in prescribed form
(A)the employers in every establishment in 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 the concerned District Employment Exchanges.
(B)the employer in every establishment in private sector or every establishment pertaining to any class or category of 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 that establishment
(a) employee means any person who is employed in an establishment to do any work for remuneration.
(b) employer means any person who employs one or more other person to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
(c) establishment means
- any office, or
- any place where any industry, trade, business or occupation is carried on;
(d) establishment in public sector means an establishment owned, controlled or managed by
- the Government or a department of the Government
- a Government company
- 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;
- 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; This act does not apply in relation to vacancies,
- in any employment in agriculture including horticulture in any establishment in private sector other than employment as agricultural or farm machinery operatives;
- in any employment in domestic service;
- in any employment the total duration of which is less than three months;
- in any employment to do unskilled office work;
- in any employment connected with the staff of Parliament.
- vacancies which are proposed to be filled through promotion or by absorption of 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 Service Commission and the like.
Time limit in the notification of vacancies
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.
An employer shall furnish to the concerned Employment Exchange, the results of selection with in 15 days from the date of selection.
Time limit for submission of returns
An employer shall furnish to the District Employment Exchange quarterly returns in form ER-I within 30 days of the due dates, namely, 31st March, 30th June, 30th September and .
and biennial returns in form ER-II within 30 days of the due date namely 31stDecember
Right of access to records or documents
The Employment Director, 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.
He 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 that section.
Penalties for violation
If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of sub-section (1) or sub-section (2) 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.If any person
(a) required to furnish any information or return-
- refuses or neglects to furnish such information or returns, or
- furnishes or causes to be furnished any information or return which he knows to be false, or
- refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under Section 5,
(b) impedes the right of access to relevant records or documents or the right of entry, 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.