THE EMPLOYMENT EXCHANGES

(COMPULSORY NOTIFICATION OF

VACANCIES) RULES, 1960

 

CONTENTS

           

1.        Short title and commencement

 

2.        Definitions   

 

3.        Employment Exchanges to which vacancies are to be notified

 

4.        Form and manner of notification of vacancies 

 

5.        Time-limit for the notification of vacancies     

 

6.        Submission of returns      

 

7.        Officer for purposes of Sec. 6     

 

8.        Prosecution under the Act

 

FORM ER- I

 

FORM ER-II

 

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES9 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 (1) of the said section namely:

 

1.        Published in the Gazettee of India, Extraordinary, Pt. II, Sec. 3 (1), dated the 26th April 1960.

 

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 (3 of 1959):

 

(2)      “Central Employment Exchange” means 1[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” means, a form appended to these rules

 

2[(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 Emplo3qnetit 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 Territory 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.

 

1.        Subs. by G.S.R. 1718, dated 18th November, 1976.

2.        Subs. by G.S.R. 133 dated 3rd January, 1985 (w.e.f. 2nd February, 1985).

 

 3.       Employment exchanges to which vacancies are to be notified. -

 

(1)      The following vacancies, namely. -

 

1(a)     Vacancies in posts of a technical and scientific nature carrying a basic pay of Rs. 2[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 to 3[such Central Employment Exchange as may be specified by the Central Government, 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.

 

1.        Subs. by G.S.R. 548, dated, 16th March, 1968.

2.        Subs. for “425” by G.S.R. 634 dated 27th July, 1987 (w.e.f.) 15th August, 1937.)

3.        Subs. by G.S.R. 1718 dated 18th November, 1976.

 

4.        Form and manner of notification of vacancies. -

 

1[(l)    The vacancies shall be notified In writing to the appropriate Employment Exchange 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 Employment Exchanges. (Separate Form to be used for each type of post)

 

1.        Name, address and telephone .............................................................

 

No. (if any) of the employer.............................................................

 

2.        Name, designation and Telephone 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 cate-       For others

                                                                        gories (applicable)

                                                                        for Central Govern-

                                                                        ment 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 beyond 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-

Categories

 

Number of vacancies to be filled

---------------------------------

                                                                                  Total *By priority candidates

                                                                                  (applicable to for Central posts

                                                                                  Only)

(a)      Scheduled Caste………………………………….

(b)      Scheduled Tribe………………………………….

(c)      Ex-serviceman……………………………………

(e)      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 interview/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 Offices/ Establishments /Undertakings, etc., on whom reservation orders are applicable).

 

Date                                             Signature of the head of Officer :

 

*Delete: if not applicable]

 

2(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)]

 

1.        Subs. by G.S.R. 133, dated 3rd January 1985 (w.e.f 2nd February 1985).

2.        Ins. by G.S.R. 548, dated 16th March, 1968 (w.e.f. 23rd March, 1968).

 

 5.       Time-limit for the notification of vacancies. -

 

(1)      Vacancies, required to be notified to the local employment exchange, shall be notified at least 1[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.

 

 

2[(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 despatch of particulars or applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies notified.]

 

3[(3)   An employer shall furnish to the concerned Employment Exchange the result of selection within 15 days from the date of selection.]

 

1.        Subs. for the words “one week” by G.S. R. 236, dated the 9th January 1982.published In the Gazette of India. Pt.II, Sec. 3 (i) dated the 16th March, 1982.

2.        Subs. by G.S.R. 133 dated the 3rd January. 1985 (w.e.f. 2nd February 1985.

3.        Added by G.S.R. 236, dated the 9th January, 1982, published in the Gazette of India Pt. II, Sec.3 (i), dated the 6th March, 1982.

 

6.        Submission of returns. -An employer shall furnish to the Local Employment Exchange 1[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, and31st -December.  Biennial returns shall be furnished within thirty days of the due date as notified in the official Gazette. -

 

1.        Subs. by G.S.R. 450, dated the 7th March, 1963.

 

7.        Officer for purposes of Sec. 6. -The director is hereby prescribed as the officer who shall exercise the rights refered to in Sec. 6, or authorize any person in writing to exercise those rights.

 

8.        Prosecution under the Act. -1[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.

 

1.        Subs. by G.S.R. 548 dated 16th March, 1968 (w.e.f. 23rd March 1968).

 

1[FORM ER- I

 

1.        Subs. by G.S.R. 236, dated the 9th January, 1982 published in the Gazette of India. Pt. II, Sec. 3 (i) dated the 9th March 1982.

 

Quarterly return to be submited 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 previous quarter

On the last working day of the quarter under report

Men/Women

Total

(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 :-

 

 

 NOTE. - Establishments are reminded of their obligation under the Employment Exchanges (Compulsory Notification of Vacancies) Act, for notifying to Employment Exchanges details of vacancies specified under the Act. before they are filled.

 

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

Occurred

Local Employment Exchange

Central Employment Exchange

Filled

Sources (describe the source form which filled)

1

2

3

4

5

 

(b)      Reasons for not notifying all vacancies occurred during the quarter tinder 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 occupation or designation of the post

Essential qualification prescribed

Essential experience

Experience not necessary

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 3lst March, 30th June, 30th September, and 31st December and shall be rendered to the local Employment Exchange within 30 days after the end of the quarter concerned. ].

 

1 FORM ER-II

 

1.        Subs. by G.S.R. 450, dated the 7th March, 1963.

 

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)

 

[Vide the Employment Exchanges (Compulsory Notification of Vacancies Rules,) 1960.]

 

Name and address of the employer:

Nature of business.

 

(Please describe what the establishment makes or does as its principal activity).

 

1.        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 I above.

 

 

Occupation

 

Number of employees

Use exact terms, such as, engineer (mechanical); teacher (domestic/science); officer on special duty (actuary); assistant director (metallurgist) ; scientific assistant (chemist); research officer (economist); instructor (carpenter) ; supervisor (tailor); fitter (internal combustion engine); inspector (sanitary); superintendent (officer); apprentice (electrician)

Men Women Total

Please give as far as possible approximate number of vacancies in each occupation you are likely to fill during the next calendar year due to retirement expansion or re-organization.

(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 1.