Employment & Training

Document text

EMPLYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) RULES 1960 DIRECTORATE GNERAL OF RESETTLEMENT AND EMPLOYMENT NOTIFICATION NO. G.S.R. 477, DATED THE 26TH APRIL, 1960. In exercise of powers conferred by Section 10 of the Employment Exchanges (Compulsory Notification of Vacancies) Act. 1959 ( 31 of 1959), the Central Government hereby makes the following Rule, the same having been previously published as required by Sub-section (1) of the said section, namely: 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 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 ( 31 of 1959); (2) “ Central Employment Exchange” means [1]( any Employment Exchanges) 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 the 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 establishment concerned are situated or over specified classes or categories of establishments concerned 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. 3. Employment Exchanges to which vacancies are to be notified – ( 1) the following vacancies namely- [3] (a)vacancies in posts of Technical and Scientific nature carrying a basic pay of Rs.[4] (400) or more per month occurring in establishments in respect of which the Central Government is the appropriate Government under the Act., and (a) 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. (1) 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. 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 forma, 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 forms 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. 1. Nature of vacancy: (a) Designation of the post to be filled ____________________________________ (b) Description of duties ____________________________________ (c) Qualification required: ____________________________________ for Priority for others categories ( Applicable for Central Government posts. (i) Essential _____________________ _____________ (ii) Desirable _____________________ _____________ (d) Age Limits, if any _______________________________________ (e) Whether women are eligible. _______________________________________ 2. 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 continued beyond one year ________________________________ 3. Whether there is any obligation for 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 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 posts only) (a) Scheduled Caste ____________ ___________________ (b) Scheduled Tribe ____________ ___________________ (c) Ex-Serviceman ____________ ___________________ (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 No. ( 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 roaster 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 Office *[ Delete if not applicable.] [7](2) The vacancies shall be 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 in 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 with in 15 days from the date of selection.] 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 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. 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. 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 Head Office ………………………………………………… Whether } Branch Office ……………………………………………….. Nature of business/principal activity ……………………………………… 1. (a) Employment Total number of persons including working proprietors/partners/commission agents/contingent paid and constructional workers on the pay rolls of the establishment excluding part-time workers and apprentices (The figure should include every person whose wage or salary is paid by the establishment). On the last working day of the On the last working day of the Previous quarter quarter under report Men Women Total (c) 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…………………. EMPLOYMENT EXCHANGES (COMPUL. NOTI. OF VACANCIES) RULES, 1960 Number of vacancies which come within the purview of the Act Occurred Notified Filled Source (describe the -------------------------------------- source from which Local Central filled) Employment Employment Exchange Exchange 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 Number of unfilled vacancies/posts Of the posts essential qualif- essential experience ications experience necessary prescribed 1 2 3 4 Please list 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 quarter 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-II [14] Occupational return to be submitted to the local Employment Exchange once in tow 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 employers as given in Item I above. (Please give below the number of employees in each occupational separately.) ______________________________________________________________________________ Occupation Number of employees Use exact terms such as engineer Men Women Total Please give as far as (Mechanical); teacher ( domestic Science); possible approximate Officer on Special Duty (Actuary); number of vacancies Assistant Director (Metallurgist); in each occupation Scientific Assistant( Chemist ) ; you are likely to fill Research Officer( Economist); during the next Calendar year due to Retirement, expansion or Re-organisation. 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 Column ( 4 ) under item 2 should correspond to the figure against item 1. 1 Subs. by G.S.R.1718 dt. 18.11.1976 (1976 CCL-III) 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 (1987 CCL-III-780) 5. Subs. by G.S.R 634 dt. 27.7.1987 (1987 CCL-III-780) 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 Notification published in 1982 CCL-III-54 9. Subs. by G.S.R. 133 dt. 3.1.1985 (w.e.f. 2.2.1985) 10. Added by Notification published in 1982 CCL-III-54 11. Subs. By G.S.R. 450 dt March 7, 1963. 12. Subs. by G.S.R 548 dt. 16.3.1968 13. Subs. By Notification published in 1982 CCL-III-54 14. Subs. By G.S.R. 450 dt March 7, 1963.