act 031 of 1959 : Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960

Section 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.

Section 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 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 a Union territory;

(4) Form means a form appended to these rules;

2[(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 as having jurisdiction over the area in which the establishments concerned are 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 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.

Section 3. Employment Exchanges to which vacancies are to be notified

(1) The following vacancies, namely

3[(a) vacancies in posts of a technical and scientific nature carrying a basic pay of Rs 4[1400] or more per month 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 5[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 to the local Employment Exchange concerned.

Section 4. Form and manner of notification of vacancies

6[(1) 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 posts)

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 categories (applicable for Central Government posts only)	For others
		(i)	Essential	___________________________
		(ii)	Desirable	___________________________
	(d)	Age limits, if any		___________________________
	(e)	Whether women are eligible?		___________________________
4.	Number of posts to be filled duration wise Duration			Number of posts
	(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-Servicemen and Physically Handicapped persons in filling up the vacancies and, if so, the number of vacancies to be filled by such categories of persons
	Categories			Number of vacancies to be filled
				Total	*By Priority candidates (applicable for Central Government posts only)
	(a)	Scheduled Caste		________	_______________
	(b)	Scheduled Tribe		________	___________
	(c)	Ex-servicemen		________	___________
	(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 filled			___________________________
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:

*Delete if not applicable];

7[(2) The vacancies shall be re-notified in writing to the appropriate Employment Exchange if there is any change in the particulars already furnished to the Employment Exchange under sub-rule (1).]

Section 5. Time-limit for the notification of vacancies

(1) Vacancies, required to be notified to the Local Employment Exchange, shall be notified at least [15 days]8 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.

9[(2) Vacancies required to be notified to the Central Employment Exchange shall be notified, giving at least 60 days' time to 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.]

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

Section 6. Submission of returns

An employer shall furnish to the Local Employment Exchange, 11[quarterly returns in Form ER-I and biennial returns in Form ER-II]. Quarterly returns shall be furnished within thirty days of the due 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.

Section 7. Officer for purposes of Section 6

The Director is hereby prescribed as the officer who shall exercise the rights referred to in Section 6, or authorise any person in writing to exercise those rights.

Section 8. Prosecution under the Act

12[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 authorise any person in writing to institute or sanction the institution of such prosecution.

13[Form ER-I

Quarterly return to be submitted to the local Employment Exchange for the quarter ended .

The following information is required under the Employment Exchanges (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/principal 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 month and of over 3 month's 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

Occurred	Notified		Filled	Source (describe the source from which filled)
	Local Employment Exchange	Central Employment Exchange		Source (describe the source from which filled)
1	2	3	4	5

2(b). Reasons for not notifying all vacancies occurred during the quarter under report vide 2(a) above

3. Manpower shortages

Vacancies/posts unfilled because of shortage of suitable applicants.

Name of the occupation or designation of the posts	Number of unfilled vacancies/posts
Name of the occupation or designation of the posts	essential qualifications 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 31st 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.]

Form ER-II14

Occupational return to be submitted to the Local Employment Exchanges 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 1 above. (Please give below the number of employees in each occupation separately.)

Occupation	Number of employees
(1)	(2)	(3)	(4)	(5)
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 (office); 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, ex-pansion or re-organisation.
.				.
.				.
Total

Dated.

Signature of employer.

To,

The Employment Exchange,

(Please fill in here the address of your Local Employment Exchange)

Note. Total of Column (4) under Item 2 should correspond to the figure given against Item 2.

* Directorate-General of Resettlement and Employment Notification No. G.S.R. 477, dated the 26th April, 1960.

1. Subs. by G.S.R. 1718, dt. 18-11-1976 (1976 CCL-III-313).

2. Subs. by G.S.R. 133, dt. 3-1-1985 (w.e.f. 2-2-1985).

3. Subs. by G.S.R. 548, dt. 16-3-1968.

4. Subs. by G.S.R. 634, dt. 27-7-1987 (w.e.f. 15-8-1987).

5. Subs. by G.S.R. 1718, dt. 18-11-1976 (1976 CCL-III-313).

6. Subs. by G.S.R. 133, dt. 3-1-1985 (w.e.f. 2-2-1985).

7. Ins. by G.S.R. 548, dt. 16-3-1968 (w.e.f. 23-3-1968).

8. Subs. by G.S.R. 236, dt. 9.1.1982 (w.e.f. 6-3-1982).

9. Subs. by G.S.R. 133, dt. 3-1-1985 (w.e.f. 2-2-1985).

10. Added by G.S.R. 236, dt. 9-1-1982 (w.e.f. 6-3-1982).

11. Subs. by G.S.R. 450, dt. 7-3-1963.

12. Subs. by G.S.R. 548, dt. 16-3-1968.

13. Subs. by G.S.R. 236, dt. 9-1-1982 (w.e.f. 6-3-1982).

14. Subs. by G.S.R. 450, dt. 7-3-1963.