THE EMPLOYMENT EXCHANGES (COMPULSOR NOTIFICATION OF VACANCIES) ACT,
1959
The object
of this Act is to provide for Compulsory Vacancy Notification to
employment exchanges
APPLICABILITY
The
Appropriate Government by the 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
WHEN NOT APPLICABLE
The Act is
not applicable to following:
·
Any
employment in agriculture, horticulture etc.
·
Any employment
in domestic services.
·
Any
employment, the total duration of which is less than three months
·
Any
employment to do unskilled office work
·
Any
employment connected with the Staff of Parliament
FILING OF VACANCY NOTIFICATION
The
Appropriate Government by the Notification in the Official Gazette require that
form such date as may be specified be Notification, the every establishment in
the 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
TIME LIMIT FOR NOTIFICATION OF VACANCIES
Vacancies,
required to be notified to the Local Employment Exchange, shall be notified at
least one week before the date on which applicant will be
interviewed or tested, where interviews
or tests are held, or on the date on which vacancies are intended to be filled,
if no interviews or tests are held
RETURN
·
An employer
shall furnish to all the Local Empoyment Exchange, Quarterly Return in Form
ER-I and Biennial returns in Form ER-II.
·
Quarterly
Returns shall be furnished within 30 days of the due dates , namely 31st
March, 30th June, 30th September and 31st
December
·
Biennial
Returns shall be furnished within 30 days of the due date as notified in the
Official Gazette
OFFENCES & PENALTIES
|
NO
|
OFFENCES
|
PENALTIES
|
|
i.
|
Failure to
notify vacancies
|
1st
offence, fine up to Rs 500, subsequent offence, Fine up to Rs 1000
|
|
ii.
|
Refusing
or neglecting to:
a.
Furnish
the information or returns
b.
Furnish or
cause to furnish any information/ return, knowing it to be false
c.
Refusing
to answer or giving any false answer,
in relation to any information sought for
d.
Impending
the right of access to relevant records/ documents or right of entry to the
officers entitled to inspect
|
1st
offence, Fine up to Rs 250, subsequent offence, Fine up to Rs 500
|
