 the employment exchanges (compulsory notification of vacancies) bill, 1959(as introducb!> in lo~ sabha on 24th april, 1959)  the employment exchanges (compulsory notification of vacancies) bill, 1959 (as introduced in lok sabha) a billto provide for the compulsory notification of vacancies to employment exchanges be it enacted by parliament in the tenth year of the republic of india as follows:-s 1 (1) this act may be called the employment exchanges short title, (compulsory notification of vacancies) act, 1959 ~=e~~~-(2) it extends to the whole of india except the state of jammu ment and kashmir (3) 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 10 different states or for different areas of a state 2 in this act, unless the cuntext otherwise requires,-definitions (a) "appropriate government" means-(1) in relation to-(a) any establishment of any railway, major port, ']line or oil-field, or is (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 by the central government or partly by the central government and partly by one or more state governments (iii) a corporation (including a co-operative 5 society) established by or under a central act which is owned, controlled or managed by the central government, the central government; (2) in relation to any other establishment, the govern- 10 ment of the state in which that other establishment is situate; (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 is other persons to do any work in an establishment for remunel'9-tion and includes any person entrusted with the supervision and control of employees in such establishment; (d) "employment exchange" means any office or place 20 established and maintained by the government for the collection and furnishing of information, either by the keeping of regist~rs or ~therwise, 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 30 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 g~vern­ment; (2) a government company as defined in section 617 of 35 i of 19)6 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; s (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; 10 (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) dajtri; is (2) jemadar, orderly and peon; (3) dusting man or fara8h; (4) bundle or record lifter; (5) process server; (6) watchman; 20 (7) sweeper; (8) 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 3 (1) this act shall not apply in relation to vacancies,-actln~t to epfa ¥ in (a) in any employment in agriculture (including horti- ~~~o: to culture) in any establishment in private sector other than ybe8ncies employment as agriculturrlor 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 (2) unless the central government otherwise directs by notification in the official gazette in this behalf, this act shall not also apply in relation to-3s (a) vacancies which are proposed to be filled through 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, or on the recommendation of, any independent agency, such as the union or a state public service commission and the like; (b) vacancies in an employment which carries a remuneration of less than sixty rupees in a month; 5 jotification f vacancies ) employlent exharges 4 (1) after the commencement of this act in 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 such employment exchanges as may be prescribed 10 (2) 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 15 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 (3) the manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall be notified to the employment exchanges 20 and the particulars of employments in which such vacancies have occurred 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 employer to recruit any person through the employment exchange to fill any vacancy merely 15 because that vacancy has been notified under any of those subsections !mpioyers o furnish nformation nd returns n prescri-:ed form 5 (1) after the commencement of this act in any state or area thereof, the employer in every establishment in public seetor in that state or area shall furnish such information or return as may 30 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 (2) the appropriate government may, by notification in the official gazette, require that from such date as may be specified 35 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 employ- 40 ment exchanges as may be prescribed, and tbe· employer shall thereupon comply with such requisition (3) the form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed 5 6 such officer of government as may be prescribed in this behalf, right of th  d b h'  't' h ii access to or any person au orise y 1m m wn mg, s a records or have access to any relevant record or document in the possession of document •• any employer required to furnish any information or returns under ' section 5 and may enter at any reasonable time any premises where 10 he believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under that section 7 (1) if any employer fails to notify to the employment ex- penaltiel changes prescribed for the purpose any vacancy in contraven-is tion of sub-section (1) or sub-section (2) of section 4, he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees (2) if any person-20 (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 2s (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, 30 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 8 no prosecution for an offence under this act shall be instituted cognizance except by, or with the sanction of, such officer of government as of offences 35 may be prescribed in this behalf or any person authorised by that officer in writing protection of action taken in ,000 faith 9 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 power to 10 (1) the central government may, by notification in the make rules official gazette and subject to the condition of previous publication, 5 make rules for carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the employment exchange or exchanges to which, the 10 form and manner in which, and the time within which, vacancies shall be notified, and the particulars of employments in which such vacancies have occurred or are about to occur; ('b) the form and manner in which, and the intervals at which, information and returns required under section 5 15 shall be furnished, and the particulars which they shall contain; (c) the officers by whom and the manner in which the right of access to documents and the right of entry conferred by section 6 may be exercised; (d) any other matter which is to be or may be prescribed 20 under this act (3) all rules made under this act shall be laid for not less than thirty days before each house of parliament as soon a8 may be after they are made, and shall be subject to such modifications as parliament may make during the session in which they are so laid 3~ or the session immediately following  statement of objects and reasonsthe training and employment services organization committee set up by the government of india in 1952 had recommended, inter alia,-(a) that employers should be required on a compulsory basis to notify to the employment exchanges all vacancies other than vacancies in unskilled categories, vacancies of temporary duration and vacancies proposed to be filled through promotion, (b) that employers should also be required on a compulsory basis to render to the employment exchanges staff strengtb returns at regular intervals the committee had further recommended that the measure of compulsion so suggested may be embodied in suitable legislation the present bill seeks to implement those recommendations gulzari lal nanda new delhi; the 7th april, 1959 the measures contemplated in the bill form part of the normal expansion of the employment service and will accelerate the process of the utilisation of the service consequently, the additional expenditure involved will not exceed the amount which will be normally required as the service develops the bill when enacted into law will result in more vacancies being reported to the employment exchanges it is difficult at this stage to make an exact estimate of the extra work-load or expenditure, but, the additional expenditure is not likely, in any case, to exceed 2 to 3 per cent of the expenditure on employment exchanges or rs 2 to 3 lakhs per year this additional expenditure will be shared between the central and the state governments in the ratio of 60: 40 the central share of expenditure will be met from out of the provisiolj alr€'ldy made in the plan for the development of the service  memorandum regarding delegated legislationsub-clause (1) of clause 10 of the bill empowers the central government to make rules to carry out the purposes of the bill particular matters in respect of which rules may be made are specified in sub-clause (2) of that clause provisions made in the proposed clause would enable the central government to make rules relating mainly to matters of procedure, eg, the form and manner in which and the time within which vacancies including particulars of employment in which such vacancies "have occurred or are about to occur should be notified to the employment exchanges, the form and manner in which and the intervals of time at which information and returns required under clause 5 shall be furnished and the particulars which they shall contain the delegation of powers is of 8 normal character  a bill to provide for the compulsory notification of vacancies to employment excbanges the president has, in pursuance of clause (3) of article i i 7 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (shri gulzarilal nanda, minister of labour and employment) 