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Applicable Section/Rules:
The Employment Exchanges (Compulsory Notification of Vacancies) Act 1959 applies to establishment in public as well as private sectors.
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
(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.
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.
Act not to apply for certain vacancies:
The Employment Exchanges (Compulsory Notification of Vacancies) Act 1959 does not apply in relation to the following vacancies:
Section 5 of the Employment Exchanges (Compulsory Notification of Vacancies) Act 1959 provides that the employer in every establishment in public sector in a State or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed.
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 such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.
Submission of returns:
(Rule 6 of Employment Exchanges (Compulsory Notification of Vacancies) Rules 1960
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 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.
Information to be provided in Form ER 1:
Due date of submission of ER1:
Penalty:
If any person—
(a) required to furnish any information or return—
(i) refuses or neglects to furnish such information or return, or
(ii) 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) impedes the right of access to relevant records or documents or the right of entry conferred by section 6,
he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.
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