The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

(1) This Act may be called the Employment Exchanges(Compulsory Notification of Vacancies) Act, 1959. (2) It extends to the whole of India1* * *. (3) It shall come into force in a State on such date2as the Central Government may, by notification inthe Official Gazette, appoint in this behalf for such State and different dates may be appointed fordifferent States or for different areas of a State.

In this Act, unless the context otherwise requires,-- (a)"appropriate Government" means-- (1) in relation to-- (a) any establishment of any railway, major port, mine or oil-field, or (b) any establishment owned, controlled or managed by-- (i) the Central Government or a department of the Central Government, (ii) a company in which not less than fifty-one per cent. of the share capital is held bythe Central Government or partly by the Central Government and partly by one or moreState Governments, (iii) a corporation (including a co-operative society) established by or under a CentralAct which is owned, controlled or managed by the Central Government, the Central Government; (2) in relation to any other establishment, the Government of the State in which that otherestablishment is situate; (b) "employee" means any person who is employed in an establishment to do any work forremuneration; (c) "employer" means any person who employs one or more other persons to do any work in anestablishment for remuneration and includes any person entrusted with the supervision and control ofemployees in such establishment; (d) "employment exchange" means any office or place established and maintained by theGovernment for the collection and furnishing of information, either by the keeping of registers orotherwise, respecting-- (i) persons who seek to engage employees, (ii) persons who seek employment, and (iii) vacancies to which persons seeking employment may be appointed; (e) "establishment" means-- (a) any office, or (b) any place where any industry, trade, business or occupation is carried on; (f) "establishment in public sector" means an establishment owned, controlled or managed by-- (1) the Government or a department of the Government; (2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of1956); (3) a corporation (including a co-operative society) established by or under a Central,Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; (g) "establishment in private sector" means an establishment which is not an establishment inpublic sector and where ordinarily twenty-five or more persons are employed to work forremuneration; (h) "prescribed" means prescribed by rules made under this Act; (i) "unskilled office work" means work done in an establishment by any of the followingcategories of employees, namely:-- (1) daftri; (2) jemadar, orderly and peon; (3) dusting man or farash; (4) bundle or record lifter; (5) process server; (6) watchman; (7) sweeper; (8) any other employee doing any routine or unskilled work which the Central Governmentmay, by notification in the Official Gazette, declare to be unskilled office work.

(1) This Act shall not apply in relation tovacancies,-- (a) in any employment in agriculture (including horticulture) in any establishment in privatesector other than employment as agricultural or farm machinery operatives; (b) in any employment in domestic service; (c) in any employment the total duration of which is less than three months; (d) in any employment to do unskilled office work; (e) in any employment connected with the staff of Parliament. (2) Unless the Central Government otherwise directs by notification in the Official Gazette in thisbehalf, this Act shall not also apply in relation to-- (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staffof any branch or department of the same establishment or on the result of any examination conductedor interview held by, or on the recommendation of, any independent agency, such as the Union or aState Public Service Commission and the like; (b) vacancies in an employment which carries a remuneration of less than sixty rupees in amonth.

(1) After the commencement of this Actin any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to suchemployment exchanges as may be prescribed. (2) The appropriate Government may, by notification in the Official Gazette, require that from suchdate as may be specified in the notification, the employer in every establishment in private sector or everyestablishment pertaining to any class or category of establishments in private sector shall, before fillingup any vacancy in any employment in that establishment, notify that vacancy to such employmentexchanges as may be prescribed, and the employer shall thereupon comply with such requisition. (3) The manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall benotified to the employment exchanges and the particulars of employments in which such vacancies haveoccurred or are about to occur shall be such as may be prescribed. (4) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employerto recruit any person through the employment exchange to fill any vacancy merely because that vacancyhas been notified under any of those sub-sections.

(1) After thecommencement of this Act in any State or area thereof, the employer in every establishment in publicsector in that State or area shall furnish such information or return as may be prescribed in relation tovacancies that have occurred or are about to occur in that establishment, to such employment exchangesas may be prescribed. (2) The appropriate Government may, by notification in the Official Gazette, require that from suchdate as may be specified in the notification, the employer in every establishment in private sector or everyestablishment pertaining to any class or category of establishments in private sector shall furnish suchinformation or return as may be prescribed in relation to vacancies that have occurred or are about tooccur in that establishment to such employment exchanges as may be prescribed, and the employer shallthereupon comply with such requisition. (3) The form in which, and the intervals of time at which, such information or return shall befurnished and the particulars which they shall contain shall be such as may be prescribed.