The Rojgar karyalay (Riktiyon ki anivary Adhisuchna) Adhiniyam, 1959

(i) This Act may be called the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. (ii) It extends to the whole of India. (iii) It shall come into force in a State on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States or for different areas of a State.

In this Act, unless the context otherwise requires,— (a) “appropriate Government” means— (i) in relation to— (1) any establishment of any railway, major port, mine or oilfield, (2) any establishment owned, controlled or managed by the Central Government, (3) any establishment of an industry engaged in banking or insurance, (4) any establishment of a ಉತ್ಪಾದನೆ (or any other) corporation or body established by or under a Central Act, (5) any other establishment the control of which is vested in the Central Government, the Central Government; (ii) in relation to any other establishment, the State Government; (b) “employee” means any person who is employed in an establishment to do any work for remuneration; (c) “employer” means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; (d) “employment exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting— (i) persons who seek to engage employees, (ii) persons who seek employment; (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 of 1956), (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 in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration; (h) “prescribed” means prescribed by rules made under this Act; (i) “unskilled office work” means work done in an establishment by any of the following categories of employees, namely:— (1) Daftary, (2) Jamadar, Peon and Sweeper, (3) Watchman, (4) Lascar, (5) Packer, (6) Any other employee doing any routine or unskilled work which the Central Government may, by notification in the Official Gazette, declare to be unskilled office work.

(I) This Act shall not apply in relation to vacancies— (a) proposed to be filled through the Union Public Service Commission or any other independent recruitment authority constituted for the purpose of such recruitment or through a selection board set up for appointments to a post, (b) which are proposed to be filled by promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by the employer for the purpose of recruitment, (c) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives, (d) in any employment in domestic service, (e) in any employment the total duration of which is less than three months. (II) The Central Government may, by notification in the Official Gazette, amend sub-section (I) so as to include therein any other type of employment or exclude therefrom any employment mentioned therein and thereupon the Schedule to the Act shall be deemed to be amended accordingly. (III) The provisions of clauses (c), (d) and (e) of sub-section (I) shall not apply in relation to an establishment in public sector. (IV) The provisions of sub-section (I) shall not be deemed to prevent an employer from notifying to the employment exchange any vacancy in any employment notwithstanding that such vacancy is a vacancy to which this Act does not apply.

(I) After the commencement of this Act, the employer in every establishment in public sector in the State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. (II) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. (III) The manner in which the vacancies shall be notified to the employment exchanges, the particulars of employments in which such vacancies have occurred or are about to occur and the form of such notification shall be such as may be prescribed.

After the commencement of this Act, the employer in every establishment in public sector in that State or area shall furnish to such employment exchange as may be prescribed, information and returns in relation to vacancies that have occurred or are about to occur in that establishment, at such intervals of time and in such form as may be prescribed. (II) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall furnish to such employment exchange as may be prescribed, information and returns in relation to vacancies that have occurred or are about to occur in that establishment at such intervals of time and in such form as may be prescribed and the employer shall thereupon comply with such requisition. (III) The form in which, and the intervals of time at which, information and returns shall be furnished under sub-section (I) or sub-section (II) shall be such as may be prescribed.

Such officer of Government as may be prescribed in this behalf, or any person authorised by him in writing in this behalf, shall have access at all reasonable times to any premises of any establishment in public sector or private sector in which the employer is required to furnish information and returns under section 5, and may inspect or require the production of any record or document kept in relation to any employment or vacancy in such establishment and obtain, or take copies, of such record or document or of any portion thereof.

(I) If the employer in any establishment in public sector or private sector fails to notify to the employment exchanges any vacancy in contravention of sub-section (I) or sub-section (II) of section 4, he shall be punishable for the first offence with fine which may extend to Rs. 500 and for every subsequent offence with fine which may extend to Rs. 1,000. (II) If the person— (a) required to furnish any information or return— (i) wilfully refuses or without lawful excuse neglects to furnish such information or return, or (ii) wilfully furnishes or causes to be furnished any information or return which he knows to be false, or (iii) refuses to answer or gives a false answer to any question necessary for obtaining any information required to be furnished under section 5; or (b) being an employer in any establishment in public sector or private sector, refuses to comply with the provisions of section 6, he shall be punishable with fine which may extend to Rs. 250 and if the contravention is continued after conviction, with a further fine which may extend to Rs. 50 for every day during which the contravention continues.

No prosecution for an offence punishable under this Act shall be instituted except by, or with the previous sanction in writing of, such officer of Government as may be prescribed in this behalf or any person authorised by the appropriate Government in this behalf.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.