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EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES, 1960
No. G.S.R. 477. Dated the 26th April. 1960.
1.- In exercise of the powers conferred by Sec. 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:
RULE 01: 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.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise re- quires,-
(1) "Act" means the Employment Exchanges (Compulsory Notification of Vacancies) Act 1959 (3 of 1959) :
(2) "Central Employment Exchange" means 2[any Employment Exchange] established by the Government of India Ministry of Labour and Employment.
(3) "director" means the officer-in-charge of the Directorate administering employment exchanges In a State or Union territory :
(4) "form" mean? a form appended to these rules :
3[(5) "Local Employment Exchange" means-
(a) in the whole of the India except the Union Territory of Chandigarh 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 establishments, concerned are situated or over specified classes or categories of establishment or vacancies: and
(b) In the Union Territory of Chandigarh that Employment Exchange established either by the Union Territories Administration of Chandigarh or by the State Government of Punjab or Haryana notified in that State's respective Official Gazette as having jurisdiction over specified classes or categories of establishments or vacancies, provided that the employment exchanges established by the State Government of Punjab or Haryana shall not have jurisdiction over-
(i) the public sector offices establishments other than those belonging to the respective States ; and
(ii) private sector establishments.]
(6) "section" means a section of the Act.
RULE 03: EMPLOYMENT EXCHANGES TO WHICH VACANCIES ARE TO BE NOTIFIED
(1 ) The following vacancies, namely,-
4(a) vacancies in posts of a technical and scientific nature carrying a basic pay of Rs.5[ 1400] or more 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 to6[such Central Employment Exchange as may be specified by the Central Govern- ment, by notification In the official Gazette, In this behalf.]
(2) Vacancies other than those specified in sub-rule (1) shall be notified in the local employment exchange concerned.
RULE 04: FORM AND MANNER OF NOTIFICATION OF VACANCIES
7[(1) The vacancies shall be notified In writing to the appropriate Employment Ex- change on the following format, furnishing as many details as practicable, separately in respect of each type of vacancy :- Requisition Form to be used when calling for applicants from Employ- ment Exchanges. (Separate Form to be used for each type of post)1. Name, address and telephone............................................................. No. (if any) of the employer2, Name. designation and Tele- .......................................................... phone No. (if any) of the indenting officer 3. Nature of vacancy : .......................................................... (a) Designation of the post (s) to ........................................................... be filled--. (b) Description of duties ........................................................... (c) Qualifications required: * For priority categories For others (applicable for Central Government posts only) (i) Essential ............................................................ (ii) Desirable ............................................................ (b) Age Limits, if any ............................................................ (c) Whether women are eligible. ............................................................ 4. Number of posts to be filled Number of posts duration-wise Duration (a) Permanent ............................................................ (b) Temporary (i) Less than 3 months ............................................................. (ii) Between 3 months and one ............................................................. year (iii) Likely to be continued be- yond one year ............................................................. 5. Whether there is any obligation or arrangement for giving preference to any category of persons, such as Scheduled Caste, Scheduled Tribe, Ex-serviceman and Physically Handicapped persons in filling up the vacancies to be filled by such categories of persons - Number of vacancies to be - filled Categories -------------------------- -- Total *By priority candidates (applicable to for Central posts only) (a) Scheduled Caste ............................................................ (b) Scheduled Tribe ............................................................. (c) Ex serviceman ............................................................. (d) Physically
Handicapped ............................................................. (e) Others ...:......................................................... 6. Pay and allowances ............................................................. 7. Place of work (name of the ............................................................. town/village and district in which it is situated) 8.
Probable date by which the vacancy will be filed ……………………………….
9. Particulars regarding inter- ........................................................ view/test of applicants: (a) Date of interview test ............................................................ (b) Time of
interview/test ........................................................... (c) Place of interview/test ........................................................... (d) Name, designation address ............................................................. and telephone number.(if any) of the Officer to
whom applicants should report 10. Any other relevant information ....................................................... * Certified that while placing this demand, the
instructions connected with the orders on communal representation in the services have been strictly followed with due regard to the roster maintained in accordance with these orders (to be given only by all the Central Government 0ffices/ Establishments/Undertakings, etc., on whom reservation orders are applicable). Date:- Signature of the head of Officer : * Delete if not applicable]
8(2) The vacancies shall be re-notified in writing to the appropriate employment exchange of the any change in the particulars already published to the Employment Exchange under sub rule (1)]
RULE 05: TIME-LIMIT FOR THE NOTIFICATION OF VACANCIES
( 1 ) Vacancies, required to be notified to the local employment exchange, shall be notified at least9[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. 10[(2) Vacancies required to be notified to the Central Employment Exchange shall be notified, giving at least 60 days time of the Central Employment Exchange from the date of receipt of the notification to the date of dispatch of particulars or applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies notified.]
11((3) An employer shall furnish to the concerned Employment Ex- change the result of
selection within 15 days from the date of selection. I
RULE 06: SUBMISSION OF RETURNS
An employer shall furnish to the Local Employment Exchange 13[quarterly returns in Form ER-1 and biennial returns in Form ER- 11 ). Quarterly returns shall be furnished within thirty days of the dates, namely 31st March, 30th June, 30th September, and 31st December. Biennial returns shall be furnished within thirty days of the due date as notified In the official Gazette.
RULE 07: OFFICER FOR PURPOSES OF SEC. 6
The director is hereby prescribed as the officer who shall exercise the rights referred to in Sec. 6- or authorize any person In writing to exercise those rights.
RULE 08: PROSECUTION UNDER THE ACT.
14[The Director of Employment of the State in which the establishment is located) is hereby prescribed as the officer who may Institute or sanction the institution of prosecution for an offence under the Act, or authorize any person in writing to institute or sanction the institution of such prosecution.
FORM 1
Quarterly return to be submitted to the local Employment Exchange for the quarter ended—The following Information Is required under the Employment Exchange (Compulsory Notification of Vacancies) Rules, 1960 to assist in evaluating trends in employment and for action to correct imbalances between labour supply and demand. Name and address of the employer---------------------- ----------------------- Whether Head Office/Branch Office------------------------- Nature of business principle activity --------------------------------- (1). (a) Employment Total number of persons including working proprietors/partners/commission agents/contingent paid and contractual workers, on the
pay rolls of the establishment excluding part-time workers and apprentices. The figures should Include every person whose wage or salary Is paid by the establishment].
_____________________________________________________________________________ On the last working day of the On the last working day of the previous quarter under report _____________________________________________________________________________
Men/Women _____________________________________________________________________________ (b) Please indicate the main reasons for any Increase or decrease in employment if the increase or decrease is more than 5 per cent. during the quarter.-
_____________________________________________________________________________ _____________________________________________________________________________2. Vacancies.-Vacancies carrying total emoluments of Rs. 60 or over per months and of over 3 months duration. (2) (a) Number of vacancies occurred and notified during the quarter and the number filled during the quarter. Number of vacancies which come within the purview of the Act _____________________________________________________________________________
Notified Local Central Sources Occurred Employment Filled (describe Exchange
Exchange the source form which filled) _____________________________________________________________________________ 1 2 3 4 5 _____________________________________________________________________________ (b) Reasons for not notifying all vacancies occurred during tin- quarter under report vide 2 (a) above. 3. Manpower shortages.-Vacancies posts unfilled because of short ages of suitable applicants. _____________________________________________________________________________
Number of unfilled vacancies/posts Name of the Essential Experience occupation or qualification experience not designation of prescribed necessary the post
_____________________________________________________________________________ 1 2 3 4 _____________________________________________________________________________ Please list any other occupations for which this establishment had recently any difficulty In obtaining suitable applicants. Signature of employer. To The Employment Exchange NOTE.- This return shall relate to quarters ending 31st March, 30th June. 30th September, and 31st December and shall be rendered to tin- local Employment Exchange within 30 days after the end of the quarter concerned.].
FORM 2 2
Occupational return to be submitted to the Local Employment Exchange once in two years ( on a date to be specified by notification in the official Gazette) I Vide the Employment Exchanges (Compulsory Notification of Vacancies Rules,) I960.] Name and address of the employer : Nature of business. (Please describe what the establishment makes or does as its principal activity). I. Total number of persons on the pay rolls of the establishment on (specified date)------- (This figure should include every person whose wage or salary is paid by the establishment). 2. Occupational classification of all employees as given in item 1 above. (Please give below the number of the employees in each occupation separately.)
_____________________________________________________________________________ Occupation Number of employees
________________________________________________________________________ ____ Use exact terms, such Men Women Total Please give as far as, engineer (mechanical- as possible ):
teacher (domes- approximate tic/science): officer on number of special duty (actuary): vacancies in assistant director each occupation (metallurgist) ; scientific- you are likely to assistant (chemist): fill during the research officer (ecomo- next calendar mist); instructor (carpe- year due to ) : supervisor retirement, (tailor): fitter (internal expansion or re- combustion engine): organization. inspector (sanitary): superintendent (officer): apprentice (electrician) _____________________________________________________________________________ (1) (2) (3) (4) (5)
_____________________________________________________________________________ ...........
........................................................................ ........................................................................
Total ................... ...........................................
_____________________________________________________________________________
Dated Signature of employer. To The Employment Exchange. (Please fill in here the address of your local employment exchange.) NOTE.- Total of Col. (4) under item 2 should correspond to the figure given against Item I.
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