THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES)
ACT,1959
ACT NO. 31 OF 1959 1*
[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:--
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Employment Exchanges (Compulsory Notification of Vacancies)
Act, 1959.
(2) It extends to the whole of India 2***.
(3) It shall come into force in a State on such date3* 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.
2.
Definitions.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(a) "appropriate Government" means--
(1) in relation to--
(a) any establishment of any railway, major port,
mine or oilfield, 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 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,
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1. This Act has been extended to Pondicherry by Reg. 7 of 1963, s. 3
and Sch. 1 and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and
Sch.
This Act shall come into force in the Union Territories of the Andaman
and Nicobar Islands and Lakshadweep on 1-7-1978, vide Notifn. No.G.S.R.
803, dated 27.5.1978, Gaz. of India, Pt.II, Sec.3(i), p. 1441.
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
3. 1st May, 1960, for all the States and Union territories of Delhi,
Himachal Pradesh, Manipur and Tripura, vide Notifn. No. G.S.R.
382, dated 1-4-1960. Gazette of India, Extraordinary, Pt. II, Sec.
3(i), p.
145.
338
(2) in relation to any other establishment, the Government of the
State in which that other establishment is situate;
(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 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,
(ii) 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 an establishment
owned, controlled or managed by--
(1) the Government or a department of the
Government;
(2) a Government company as defined in
section 617 of the Companies Act, 1956 (1 of
1956);
(3) 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;
(4) 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:--
(1) daftri;
(2) jemadar, orderly and peon;
(3) dusting man or farash;
(4) bundle or record lifter;
339
(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.
3.
Act not to apply in relation to certain vacancies.
3. Act not to apply in relation to certain vacancies.- (1) 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.
(2) Unless the Central Government otherwise directs by
notification in the Official 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 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;
(b) vacancies in an employment which carries a remuneration
of less than sixty rupees in a month.
4.
Notification of vacancies to employment exchanges.
4. Notification of vacancies to employment exchanges.- (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 exchanges as may be prescribed, and the employer shall
thereupon comply with such requisition.
340
(3) The manner in which the vacancies referred to in sub-section
(1) or sub-section (2) shall be notified to the employment exchanges
and the particulars of employments in which such vacancies have
occurred or are about to occur shall be such as may be prescribed.
(4) Nothing in sub-sections (1) and (2) 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.
5.
Employers to furnish information and returns in prescribed form.
5. Employers to furnish information and returns in prescribed
form.- (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 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 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 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.
6.
Right of access to records or documents.
6. Right of access to records or documents.- 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 that
section.
7.
Penalties.
7. Penalties.- (1) 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.
341
(2) 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 two hundred and fifty rupees and for every subsequent
offence with fine which may extend to five hundred rupees.
8.
Cognizance of offences.
8. Cognizance of offences.- 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 authorised by that officer in writing.
9.
Protection of action taken in good faith.
9. Protection of action taken in good faith.- 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.
10.
Power to make rules.
10. Power to make rules.- (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 the 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
employments 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 returns 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;
342
(d) any other 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 is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
form or be of no effect, 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.]
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1. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
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