EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT 1959

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

ACT No. 31 OF 1959

2ndSeptember, 1959

An Act to provide for the compulsory notification of vacancies toemployment exchanges

BE it enacted by parliament inthe Tenth Year of the Republicof India as follows: –

1.Short title, extent andcommencement: (1) ThisAct may be called the Employment Exchange (Compulsory Notification ofVacancies) Act, 1959.

(2) It extends to the whole of India ¹ [*].

(3) It shall come into force ina State on such date as the Central Government may, by notification in theOfficial Gazette, appoint in this behalf for such State and different dates maybe appointed for different States or for different areas of a State.

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1. The words "except theState of Jammu and Kashmir" by theCentral Labour Laws (Extension to Jammuand Kashmir) Act, 1970 (51 of 1970) Section 2 (w. e.f. 1-9-1971).

2.Definitions:In thisAct, unless the context otherwise, requires, –

(a)"appropriate Government" means –

(1) inrelation to –

(a) anyestablishment of any railway, major port, mine or oil–field, or

 

(b) anyestablishment owned, controlled or managed by –

 

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

 

(ii) acompany in which not less than fifty–one percent of the share capital isheld by the Central Government or partly by the Central Government and partlyby one or more State Governments,

 

(iii) acorporation (including a co–operative society) established by or under aCentral Act which is owned, controlled or managed by the Central Government,

(2) inrelation to any other establishment, the Government of the State in which thatother establishment is situate;

(b)"employee" means any person who is employed in an establishment to doany work for remuneration;

(c)"employer" means any person who employs one or more other persons todo any work in an establishment for remuneration and includes any personentrusted with the supervision and control of employees in such establishment;

(d)"employment exchange" means any office or place established andmaintained 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,

(ii)persons who seek employment, and

(iii)vacancies to which persons seeking employment may be appointed;

(e)"establishment" means –

(a) anyoffice, or

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

(f)"establishment in public sector" means an establishment owned,controlled or managed by –

(1) theGovernment or a department of the Government;

(2) aGovernment company as defined in section 617 of the Companies Act, 1956 (1 of1956);

(3) acorporation (including a co–operative society) established by or under aCentral, Provincial or State Act which is owned, controlled or managed by theGovernment;

(4) alocal authority;

(g)"establishment in private sector" means an establishment which is notan establishment in public sector and where ordinarily twenty–five ormore 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 ofthe following categories of employees, namely: –

(1)daftri;

(2)jemadar, orderly and peon;

(3)dusting man or farash;

(4)bundle or record lifter;

(5)process server;

(6)watchman;

(7)sweeper;

(8) anyother employee doing any routine or unskilled work which the Central Governmentmay, by notification in the Official Gazette, declare to be unskilled officework.

3.Actnot to apply in relation to certain vacancies: (1) This Act shall not applyin relation to vacancies, –

(a) inany employment in agriculture (including horticulture) in any establishment inprivate sector other than employment as agricultural or farm machineryoperatives;

(b) inany employment in domestic service;

(c) inany employment in domestic service;

(d) inany employment to do unskilled office work;

(e) inany employment connected with the staff of Parliament.

(2)Unless the Central Government otherwise directs by notification in the OfficialGazette in this behalf, this Act shall not also apply in relation to –

(a) vacancieswhich are proposed to be filled through promotion or by absorption of surplusstaff of any branch or department of the same establishment or on the result ofany examination conducted or interview held by, or on the recommendation of,any independent agency, such as the Union or a State Public Service Commissionand the like:

(b)vacancies in an employment which carries a remuneration of less than sixtyrupees in a month.

4.Notificationof vacancies to employment exchanges: (1) After the commencementof this Act, in any State of area thereof, the employer in every establishmentin public sector in that State or area shall, before filling up any vacancy inany employment in that establishment, notify that vacancy to such employmentexchanges as may be prescribed.

(2) Theappropriate Government may, by notification in the Official Gazette, requirethat from such date as may be specified in the notification, the employer inevery establishment in private sector or every establishment pertaining to anyclass or category of establishments in private sector shall, before filling upany vacancy in any employment in that establishment, notify that vacancy tosuch employment exchanges as may be prescribed, and the employer shallthereupon comply with such requisition.

(3) Themanner in which the vacancies referred to in sub–section (1) or sub–section(2) shall be notified to the employment exchanges and the particulars ofemployments in which such vacancies have occurred or are about to occur shallbe such as may be prescribed.

(4)Nothing in sub–sections (1) and (2) shall be deemed to impose anyobligation upon any employer to recruit any person through the employmentexchange to fill any vacancy merely because that vacancy has been notifiedunder any of those sub–sections.

5.Employersto furnish information and returns in prescribed form: (1)After the commencement of this Act in any State or area thereof, the employerin every establishment in public sector in that State or area shall furnishsuch information or return as may be prescribed in relation to vacancies thathave occurred or are about to occur in that establishment, to such employmentexchange as may be prescribed.

(2) Theappropriate Government may, by notification in the Official Gazette, requirethat from such date as may be specified in the notification, the employer inevery establishment in private sector or every establishment pertaining to anyclass or category of establishments in private sector shall furnish suchinformation or return as may be prescribed in relation to vacancies that haveoccurred or are about to occur in that establishment to such employmentexchanges as may be prescribed, and the employer shall thereupon comply withsuch requisition.

(3) Theform in which, and the intervals of time at which, such information or returnshall be furnished and the particulars which they shall contain shall be suchas may be prescribed.

6.Rightof access to records or documents: Such officer of Governmentas may be prescribed in this behalf, or any person authorised by him inwriting, shall have access to any relevant record or document in the possessionof any employer required to furnish any information or returns under section 5and may enter at any reasonable time any premises where he believes such recordor document to be and inspect or take copies of relevant records or documentsor ask any question necessary for obtaining any information required under thatsection.

7.Penalties:(1) Ifany employer fails to notify to the employment exchanges prescribed for thepurpose 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 whichmay extend to five hundred rupees and for every subsequent offence with finewhich may extend to one thousand rupees.

(2) Ifany 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 tobe false, or

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

(b)impedes the right of access to relevant records or documents or the right ofentry conferred by section 6).

heshall be punishable for the first offence with fine which may extend to twohundred and fifty rupees and for every subsequent offence with fine which mayextend to five hundred rupees.

8.Cognizanceof offences: No prosecution for an offence under this Act shall beinstituted except by, or with the sanction of, such officer of Government asmay be prescribed in this behalf or any person authorised by that officer inwriting.

9.Protectionof action taken in good faith: No suit, prosecution or other legalproceeding shall lie against any person for anything which is in good faithdone or intended to be done under this Act.

10.Powerto make rules: (1) The Central Government may, by notification in theOfficial Gazette and subject to the condition of previous publication, makerules for carrying out the purposes of this Act.

(2) Inparticular, and without prejudice to the generality of the foregoing power,such rules may provide for all or any of the following matters, namely: –

(a) theemployment exchange or exchanges to which, the form and manner in which, andthe time within which, vacancy shall be notified, and the particulars ofemployments in which such vacancies have occurred or are about to occur;

(b) theform and manner in which, and the intervals at which, information and returnsrequired under section 5 shall be furnished, and the particulars which theyshall contain;

(c) theofficers by whom and the manner in which the right of access to documents and theright of entry conferred by section 6 may be exercised;

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

¹ [(3)Every rule made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the sessions aforesaid, both Houses agree in making any modificationin the rule or both Houses agree that the rule should not be made, the ruleshall thereafter have effect only in such modified form or be of no effect, asthe case may be; so, however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that rule.]

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1.Substituted for the original Sub-section (3) by the Delegated LegislationProvisions (Amendment) Act, 1985 (4 of 1986) Section 2 and Schedule Sl. No. 55(w. e. f. 15-5-1986).