bill no  3  of  2011 the public employment (recruitment) bill, 2011 byshrimati bijoya chakravarty, mpa billto provide for regulation of recruitment in public employment and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1)  this act may be called the public employment (recruitment) act, 2011short title, extent and commencement(2)  it extends to the whole of indiadefinitions2  in this act, unless the context otherwise requires,—(a) "appropriate government" means—(1) in relation to—(a) any establishment of railways, major port, mine or oil-field, or5(b) any establishment owned, controlled or managed by—(i) the central government or a department of the central government,(ii) a corporation (including a co-operative society), established by or under a central act, which is owned, controlled or managed by the central government,10the central government; and(2) in relation to any other public sector establishment, the government of the state in which that other establishment is situated;15(b) "employee" means any person who is employed in any public sector establishment to do any work for remuneration;(c) "employer" means any person who employs one or more persons to do any work in public sector establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;20(d) "employment exchange" means any office or place established and maintained by the appropriate 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, and (iii) vacancies to which persons seeking employment may be appointed;25(e) "establishment" means—(a) any office, or (b) any place where any industry, trade, business or occupation is carried on;30(f) "establishment in public sector" means an establishment owned, controlled or managed by—(1) the appropriate government or a department of the appropriate government;1 of 1956(2) a government company as defined in section 617 of the companies act, 1956;35(3) a corporation (including a co-operative society), established by or under a central or state act, which is owned, controlled or managed by the government; and(4) a local authority;(g) "group c post" means a post involving clerical, typing or such other work but does not include a post involving supervisory work;40(h) "prescribed" means prescribed by rules made under this act| 3                                                                                      | it shall be mandatory for the employer of an establishment in public sector to—   ||-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|| notification                                                                            |                                                                                   || and                                                                                     |                                                                                   || publication of                                                                          |                                                                                   || vacancies                                                                              |                                                                                   || (                                                                                       | a                                                                                 || vacancies proposed to be filled up before filling up any vacancy in that establishment; |                                                                                   || 5                                                                                       |                                                                                   || (                                                                                       | b                                                                                 || notice boards, announce on radio and television network through employment news         |                                                                                   || bulletins and publish in the vernacular language newspapers of the area where the       |                                                                                   || establishment is situated or the vacancy has arisen about the vacancies in that         |                                                                                   || department and their full details                                                      |                                                                                   |10| 4                                                                                                 | it shall be the duty of every employment exchange to which a vacancy has been   ||----------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|| notified by any employer to forward the names of candidates in accordance with their               |                                                                                 || eligibility and reservation policy for the time being in force to the employer of that department |                                                                                 || forwarding of                                                                                      |                                                                                 || names of                                                                                           |                                                                                 || eligible                                                                                           |                                                                                 || candidates by                                                                                      |                                                                                 || employment                                                                                         |                                                                                 || exchange to                                                                                        |                                                                                 || the employer                                                                                      |                                                                                 || 5                                                                                                 | the employer of every establishment in public sector who has notified vacancies || shall consider all applications received through employment exchanges and direct from              |                                                                                 || candidates before filling up vacancies in that establishment                                      |                                                                                 || consideration                                                                                      |                                                                                 || of all                                                                                             |                                                                                 || applications                                                                                       |                                                                                 || received                                                                                           |                                                                                 || through                                                                                            |                                                                                 || employment                                                                                         |                                                                                 || exchange                                                                                          |                                                                                 |15regional language to be made compulsory for group c posts206 notwithstanding anything contained in any other law, order, rule, notification,bye-law, regulation, instruction, judgement of any court of law or tribunal or any quasijudicial authority or any authority having judicial powers to the contrary for filling up a group c post, the knowledge of regional language of the state or area where the establishment is situated or where the vacancy has arisen shall be a compulsory and pre-requisite qualification for deciding the eligibility of candidates for filling up any group c post in that establishment257 unless the central government otherwise directs by notification in the official gazette in this behalf, this act shall not apply in relation to vacancies which are proposed to be filled up through promotion or by absorption of surplus staff of any branch or department of the same establishmentact not to apply in case of promotion or absorption of surplus staffpower to make rules8  (1)  the central government  may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit has been observed that there is no proper and uniform recruitment policy in government bodies only a strong and clear cut policy will pave the way for appointment of efficient staff in government undertakings it has been seen that many government departments advertise their vacancies only in national dailies or in employment news as a result only a few people have access to information regarding the vacancy position in a particular department in fact, there is a mandatory provision that whenever a vacancy arises, employment exchanges should be notified about it, who in turn will forward details of eligible candidates to the department this procedure is not followed properly and as a result even unsuitable candidates get selected in the processthe supreme court in a case has observed that all vacancies arising in a government department should be given wide publicity in newspapers including regional newspapers, employment news, employment news bulletins in radio and television network so that maximum number of candidates can apply however, many of the departments taking advantage of the instructions given by the government of india regarding the administrative and budgetary convenience, publish the vacancies in employment news only the vacancies are not published in regional languages and as a result people living in backward and far-flung areas are not aware of the advertisements and as such are not in a position to apply for the sametherefore, through this bill it is proposed to make it compulsory that all vacancies must be notified not only to employment exchanges, employment news, but also published in regional newspapers in addition to national and other dailies in this connection it may not be out of place to mention that a note on recruitment policy in the public sector enterprises was laid on the table of the lok sabha on 14 april 1961 in which it has been stipulated that all vacancies should be communicated to employment exchanges and advertisements should be published in local languages and local newspapers it is clear that even the judgement of the supreme court is not strictly followedfor efficient functioning of an establishment and to serve the people better, it is essential that employees serving in a particular department should know the local or regional language of the area where the department is situated earlier, the knowledge of regional language or local language was an essential qualification for appointments however, of late, the knowledge of regional or local language is not being insisted upon as a pre-requisite qualification in determining the eligibility condition for considering the candidature for a vacancy therefore, it is also proposed in the bill that knowledge of regional language be made an essential qualification instead of desirable for appointment to group c posts this will serve two purposes first, persons speaking the local language can be appointed who can liaison or communicate with the local people effectively and also to provide employment opportunities to the local peoplehence this billnew delhi;bijoya  chakravartydecember 8, 2010 financial memorandumclause 3 of the bill provides for publication of vacancies arising in public sector establishments in the newspapers, announcement on radio and television network through employment news bulletins and publication in the vernacular language newspapers of the area where the establishment is situated or the vacancy has arisen the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one hundred crore per annuma non-recurring expenditure of about rupees one hundred crore  is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok  sabha————— a billto provide for regulation of recruitment in public employment and for matters connected therewith—————(shrimati bijoya chakravarty, mp)gmgipmrnd—6142ls(s3)—14-02-2011