THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 No.31 of 1959

The Employment Exchanges (Compulsory Notification of Vacancies) Act was
enacted in 1959 to provide for compulsory notification of vacancies to the
Employment Exchanges and for the rendition of returns relating to Employment
situation by the employers. This act came into force with effect from 1st May,
1960.
All Establishments in Public Sector and such establishments in private Sector
excluding Agriculture, where ordinarily 25 or more persons are employed come
within the purview of the Act. These establishments are required to notify all
vacancies (other than those exempted) to the appropriate Employment Exchange
as notified in the official Gazette by the State Government in the prescribed format.
This Act will not apply to vacancies in any employment in agriculture (including
horticulture), domestic service, unskilled office work , employment connected with
the staff of parliament, and if the total duration of the vacancies are less than three
months.
The establishments are also required to render quarterly Employment return in
Form ERI for every quarter ending 31st, March, 30th June, 30th September and 31st
December and biennial occupational return in Form ER-II once in two years viz., by
Private Sector in odd years and by Public Sector in even years.
As per the provisions of this Act, persons authorized by the Government shall have
access to any relevant records of the employer. They are also empowered to
inspect or take copies of relevant records or document.
Penal provision of imposition of fine for any offence have been made for violation
for various provisions of this act.
THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF
VACANCIES)* RULES 1960 (AS AMENDED UPTO 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 (1) of the said section, namely:-
Rules
1. 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
2. Definitions:- In these rules, unless the context otherwise requires-
(1) "Act" means the Employment Exchanges (Compulsory Notification of
Vacancies) Act, 1959 (31 of 1959).
(2) "Central Employment Exchange" means 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 a Union territory.
(4) "Form" means a form appended to these rules.
(5) "Local Employment Exchange" means-
(a) in the whole of 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
having jurisdiction over the area in which the establishment concerned is situated or
over specified classes or categories of establishments or vacancies; and
(b) in the Union territory of Chandigarh that Employment Exchange established
either by the Union Territory Administration Chandigarh or by the State Govt. of
Punjab or Haryana notified in that States 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.
3. Employment Exchanges to which vacancies are to be notified-
(i) The following vacancies, namely:-
(a) vacancies in posts of a technical and scientific nature carrying a basic spay of
Rs.1400/- or more per month occurring in establishments in respect of which the
Central Govt. the appropriate Govt. 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 to such Central Employment Exchanges as may be specified by the
Central Govt. by notification in the Official Gazette, in this behalf.
(ii) 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 on the following format, furnishing as may details as practicable,
separately in respect of each type of vacancy:-
Requisition form to be used when calling for applicants from Employment
Exchanges.(Separate form to be used for each type of posts)