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

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The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (Act no. 31 of 1959) dated 2nd September, 1959, was came into effect on 1st May, 1960 and extended to whole of India as per Sub Section (2) of Section 1 of the Act, however, it was came into force on different dates at different States as Central Government decided by publishing under Notification in the Official Gazette. For example the Act extended to and come into force in the Union Territories of Andaman and Nicobar Islands and Lakshadweep on 1st July, 1978 wide particular notification in official gazette of India. The Act was enacted so as to provide for notification of vacancies to Employment Exchanges should be compulsory. And Act was enacted by Parliament of Union of India in 20th year of the Republic of India.

The Act under Section 2 provides for definitions of several important terms like appropriate government, employee, employer, employment exchange, etc. Likewise, Section 3 of the Act specifies that this Act should not be made applicable to several vacancies provided under clauses of Sub section (1) of the Section. Whereas, Sub Section (2) of this Section provides for vacancies where with the prior direction of the Central Government this Act could be made applicable.

The most important part of this Act is Section 4 of the Act, where it is required from the Employer of State or area concerned to notify vacancies to the employment exchange before it is filled up. Further under sub Section (2) of the said Section, it is specified that, the Appropriate Government can require any employer connected to private sector to notify such vacancies to the employment exchange before it is filled up.

Section 5 of the Act requires furnishing of information and returns by Employer in relation to vacancy has been notified under such provisions of this Act. The appropriate government may also in this regard require the Employer in private sector to furnish such information or return as to vacancy.

Section 6 of the Act entitles Government officers or any person authorized by such officers to have access to any relevant record or document possessed by Employer. Similarly, such persons can also require such Employer to furnish any information or returns as required under previous sections.

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Penal provision i.e. Section 7 of the Act says that if any employer fails to notify such vacancies to the employment exchanges, is liable for punishment extending to maximum fine of 500 rupees for first offence and for every other offences maximum fine up to 1000 rupees. However, such fine differs in case of individual person who commits offence under the Act.

Section 8 of the Act provides for cognizance of offence which should not be taken without prior sanction from officers appointed by Government in this behalf. Similarly, every action taken in good faith or done under the Act should not be taken cognizance in such case as provided under Section 9 of the Act.

The last Section i.e. Section 10 of the Act is of very much significance because it is provided to widen the scope of this Act by framing Rules. The Section empowers Central Government to make Rules in relation to the purposes of this Act for the matters provided under different clauses of Sub section (2) of the Section.

The Employment Exchanges (Compulsory Notification of Vacancies) Amendment Bill, 2013 was introduced by Minister of Labour and Employment, Shri. Mallikarjun Kharge. This bill seeks to amend the original Act and even seeks to change the short title of the Act i.e. from “The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959” to “The Employment Guidance and Promotion Centers (Compulsory Notification of Vacancies) Act, 1959”. Similarly the Bill provides for changes in Definition clause especially, it changes definition of terms ‘Employee’ and ‘Employer’. Further, the Bill seeks addition of individuals seeking vocational careers and self employment within the ambit of the Act. However, the Bill seeks exclusion of the employment in Parliament from the scope of this Act. Moreover, the amending Act seeks enlarging of penalty i.e. maximum up to 10,000 rupees for continuous commission of offences under the Act.

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by Faim Khalilkhan Pathan