1) Year- 1959

2) IN YEAR 2012 A BILL IS APPROVED BY THE UNION CABINET IN PARLIAMENT KNOWN AS EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) AMENDMENT BILL, 2012 Because with The Passage of Time It Was Considered That the Act Which Was Passed In The Year 1959 Require Some Modification.

Employment Exchanges

3) Modifications which are highlighted in the above bill are as follows:-

A) Now the words employment exchange is known by the new name i.e. employment guidance and promotion centres because the focus is now shifted to providing vocational guidance and career counselling along with registration, submission of returns and placement etc.

B) For the purpose of submission of return the establishment which is established in the private sector having employee between 10-24 are being bought under the preview of this act,.

C) The purpose of all this is to make more realistic estimates employment in the organised sector.

D) It is mandatory for all the employer to furnish information relating to selection result against those vacancies which is notified within thirty days of selection for more transparency and rational data.

E) For including the contract labour that has worked for more than 240 days in a year in the definition of employee and employer

4)  RULES:- THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES, 1960.

5) Purpose of Act: – This act come into effect for basically two purposes: – 

Employment Exchanges Job

6.) Main Activities of Employment Exchanges

Main Activities of Employment Exchanges

a.) registration of job seekers.
b.) placement of job seekers.
c.) career counselling.
d.) vocational guidance.
e.) collection of employment market information.

JOBs

7) Applicability of Act :- This act extends to whole of India except jammu and Kashmir.

Applicability of Act

8) Duty of Employer:- The employer in every establishment in public sector in any state or area shall furnish such prescribed information or return in relation to vacancies that have occurred or are about to occurred in that establishment to such employment exchanges.

9) Some Most Important Definition of This Act :- 

Section 2 Definition

10.) Employment Exchange:-  this is known as any office or place formed and maintained by the appropriate  government for the collection and furnishing of information, either by keeping of registers or otherwise., respecting:-

a.) persons who seek to engage employees.
b.) persons who seek employment.
c.) vacancies to which persons seeking employment ,may be appointed.

11.) Establishment in public sector:- owned , controlled , or managed by—-

a.) the government or  a department of the government.
b.) a government company as defined in companies act., 2013.
c.)  any corporation which is  established by or under a central, provincial or state act which is owned , controlled or managed by the government.
d.) a local authority.

12.)

Private Sector

13.) THE VACANCIES WHICH ARE REQUIRED TO BE NOTIFIED TO THE EMPLOYMENT EXCHANGES ARE AS FOLLOWS: –

A) THOSE VACANCIES WHICH ARE FOR THE POST OF TECHNICAL AND SCIENTIFIC NATURE CARRYING A BASIC PAY OF RUPEES ONE THOUSAND AND FOUR HUNDRED OR MORE PER MONTH IN THOSE ESTABLISHMENT IN RESPECT OF WHICH CENTRAL GOVERNMENT IS THE APPROPRIATE GOVERNMENT EXAMPLE RAILWAY ETC.

B) THOSE VACANCIES WHICH ARE IN THE OPINION OR DESIRE OF THE EMPLOYER TO BE CIRCULATED TO THE EMPLOYMENT EXCHANGES OUTSIDE THE STATE OR UNION TERRITORY IN WHICH ESTABLISHMENT IS SITUATED SHALL BE NOTIFIED TO THE CENTAL EMPLOYMENT EXCHANGE.

C) OTHER THAN THE (A) & (B) ALL THE VACANCIES ARE NOTIFIED TO THE LOCAL EMPLOYMENT EXCHANGE.

14) TIME LIMIT FOR THE NOTIFICATION OF VACANCIES TO THE EMPLOYMENT EXCHANGE :- 

1) LOCAL EMPLOYMENT EXCHANGE ATLEAST 15 DAYS BEFORE THE DATE ON WHICH APPLICANTS WILL BE INTERVIEWED OR TESTED IN CASE INTERVIEWS OR TESTS ARE HELD OR THE DATE ON WHICH VACANCIES ARE REQUIRED TO BE FILLED IF NO INTERVIEWS OR TESTS ARE HELD
2) CENTRAL EMPLOYMENT EXCHANGE ATLEAST 60 DAYS BEFORE FROM THE DATE OF RECEIPT OF THE NOTIFICATION TO THE DATE OF DISPATCH OF PARTICULARS OR APPLICATIONS OF THE PROSPECTIVE CANDIDATES FOR THE PURPOSE OF APPOINTMENT OR TAKING INTERVIEW OR TEST AGAINST THE NOTIFIED VACANCIES.
THE RESULT OF SELECTION OF EMPLOYEE BY THE EMPLOYER SHALL FURNISH TO THE CONCERNED EMPLOYEMNT EXCHANGE WITHIN 15 DAYS FROM THE DATE OF SELECTION.

15.) Act not to apply in relation to certain vacancies in any employment:-

a.) In agriculture and horticulture in any establishment in private sector.
b.) In domestic companies.
c.) Where the employment period is less than 3 months.
d.) To do unskilled office work.
e.) Connected with the staff of parliament.
f.) Proposed to fill through promotion or by absorption of surplus staff.
g.)Carries a remuneration of less than 60 rupees a month.

16.) RETURNS SUBMISSION: 

ANY EMPLOYER WHICH ARE REQUIRED TO FURNISH RETURNS UNDER THIS ACT SHALL FURNISH RETURN TO THE LOCAL EMPLOYMENT EXCHANGE:-

A) QUARTERLY RETURN IN FORM ER1 WITHIN 30 DAYS OF THE DUE DATES I.E. 31ST MARCH,30TH JUNE, 30TH SEPTEMBER,31ST

B) BIENNIAL RETURN IN FORM ERII WITHIN 30 DAYS OF THE DUE DATE AS NOTIFIED IN THE OFFICIAL GAZETTE.

17.) IMPORTANT NOTE-    There is no obligation upon any employer to recruit any person through the employment exchange to fill any vacancies.

* 18.) Rights of access to records or documents

Section 6 empowers such officer of government as may be prescribed in this behalf, or any person authorized by him in writing.

Given them power for  access to any relevant records or document in the possession of any employer required to furnish any information or returns under section 5

Officers  may be  enter at any sufficient time in  any premises where he believes such record or document to be.

Officers may inspect or took  copies of relevant records or documents or asks any question necessary for obtaining any required information.

19.) PENALTIES:- 

A.)   IF ANY employer on which this act apply  fails to notify to the employment exchanges prescribed for the purpose any vacancy:-

First offence — with fine which may extend to 500 Rs.
For every subsequent offence — with fine which may extend to 1000 Rs.

B.)    IF any one intentionally  refuses or neglects to furnish such information or return, or furnishes or clauses to be furnished any information or return which he/she  intentionally knows to be false, or refuses to answer for the necessary questions , or gives  a false answer to, any question necessary for obtaining any information required to be furnished or intentionally impeded  the right of access to  all the relevant records or documents or the right of entry.

First offence — with fine which may extend to 250 Rs.
For every subsequent offence — with fine which may extend to 500 Rs.

Author Bio

Qualification: Student - CA/CS/CMA
Company: NEHA G.& ASSOCIATES (PCS FIRM)
Location: DELHI, New Delhi, IN
Member Since: 26 Jan 2020 | Total Posts: 4

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One Comment

  1. Subhash says:

    This is a mere reproduction of the Employment Exchange Act and Rule, the author has not provided any analysis on the working of the Act in India, analysis of its strengths and shortcomings etc.

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