THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES – 1960

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 thereby makes the following rules, the some having been previously published as required by sub-section (i) of the said section namely:-

R U L E S

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 in the Ist 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 Government Exchange” means any employment exchange     established by the Govt. of India, Ministry of Labour & Employment.

(3)     “Director” means the officer in charge of the Directorate          Administrating 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 as having         jurisdiction ever 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 establishment either by the Union Territory Administration of   Chandigarh or by the State Government of Punjab or Haryana notified in      that State’s respectively official Gazette as having jurisdiction over      specified classes or categories of establishments or vacancies, provided       that the employment exchange 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 Exchange to which vacancies are to be notified–

(1)     The following vacancies, namely:

(a)     Vacancies in posts of a technical and scientific nature carrying a        basic pay of Rs.1400/- or more per month occurring in establishments in   respect of which the Central Govt. 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 such central     Employment Exchange as may be specified by the Central   Government by notification in the Official Gazetter, in this behalf.

(2)     Vacancies other than these specified in sub-rule 91) 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 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 posts(s)

to be filled.                                         …………………………………….

(b) Description of duties                            ……………………………………

(c) Qualification required.                  *For priority         For Others                                                                   categories

(applicable for

Central Government

posts only)

(i)      Essential                                          ………………………………………

(ii)     Desirable                                         ………………………………………

(d)     Age limits, if any                              ……………………………………..

(e)     Whether women are eligible.              ……………………………………..

4.      Number of posts to be filled

duration wise.                                           Number of posts

Duration

(a)     Permanent                                       ………………………………………..

(b)     Temporary                                      ……………………………………….

(i)    Less than 3 months                         ……………………………………….

(ii)   Between 3 months and one year.       ……………………………………….

(iii)   Likely to be continues 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.

*Certified that while placing this demand, the instructions connected with the orders on communal representation in the services have been strictly following with due regard to the roaster maintained in accordance with these orders (to be given only by all the Central Government Offices/establishments/Under takings etc. on whom reservation orders are applicable)

Date:-                                                       Signature of the head of Officer

* Delete if not applicable.

(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).

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 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 hold.

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

6.      Submission of returns:- An employer shall furnish to the local        Employment Exchange 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 Sept. and 31st         December, Biennial returns shall be furnished within thirty days of the         due date as notified in the official Gazetter.

7.      Officer for purpose 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.

8.      Prosecution under the Act :- The Director of Employment of the State    in which the establishment is located is hereby prescribed the officer who       may institute of prosecution for an offence under the Act, or authorise        any person in writing institute or sanction the Institution of such   prosecution.