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Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 Section 4

Title: Notification of Vacancies to Employment Exchanges

State: Central

Year: 1959

.....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. (3) The manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall be notified to the employment exchanges 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 because that vacancy has been notified under any of those sub-sections.

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 Section 3

Title: Act Not to Apply in Relation to Certain Vacancies

State: Central

Year: 1959

(1) This Act shall not apply in relation to vacancies, (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or 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; (e) in any employment connected with the staff of Parliament, (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 (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 any employment which carries a remuneration of less than sixty rupees in a month.

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

Title: Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

State: Central

Year: 1959

Preamble1 - EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Act not to apply in relation to certain vacancies Section4 - Notification of vacancies to employment exchanges Section5 - Employers to furnish information and returns in prescribed form Section6 - Right of access to records or documents Section7 - 'Penalties Section8 - Cognizance of offences Section9 - Protection of action taken in good faith Section10 - Power to make rules

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 Preamble 1

Title: Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

State: Central

Year: 1959

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 [Act, No. 31 of 1959] [2nd September, 1959] PREAMBLE An Act to 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:

The Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 Complete Act

State: Assam

Year: 1978

.....affected on account of non-compliance with the provisions of this Act or the rules made thereunder by any Appointing Authority, may bring the fact to the notice of the State Government and upon application made by him the State Government may call such records or take such action thereon as it may think fit. Section 13 - Power to make rules (1) The State Government may 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) form in which every establishment shall submit annual report to the State Government regarding the number of person recruited in such establishment; (b) any other matter which has to be or may be prescribed by rules made in this behalf. Schedule - SCHEDULE SCHEDULE (See Section 4) The reservation for the members of the Scheduled Castes and the Scheduled Tribes in services or posts in an establishment shall be given effect to in the following manner, namely-- (i) A roster of twenty vacancies will be necessary in give effect to the reservation of vacancies for the Scheduled.....

Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960 Complete Act

State: Central

Year: 1960

.....establishments other than those belonging to the respective States ; and (ii) private sector establishments.] (6) "section" means a section of the Act. RULE 03: EMPLOYMENT EXCHANGES TO WHICH VACANCIES ARE TO BE NOTIFIED (1 ) The following vacancies, namely,- 4(a) vacancies in posts of a technical and scientific nature carrying a basic pay of Rs.5[ 1400] or more occurring in establishments In respect of which the Central Government is the appropriate Government under the Act, and] (b) vacancies which an employer may desire to be circulated to the employment exchanges outside the State or Union territory in which the establishment is situated, shall be notified to6[such Central Employment Exchange as may be specified by the Central Govern- ment, by notification In the official Gazette, In this behalf.] (2) Vacancies other than those specified in sub-rule (1) shall be notified in the local employment exchange concerned. RULE 04: FORM AND MANNER OF NOTIFICATION OF VACANCIES 7[(1) The vacancies shall be notified In writing to the appropriate Employment Ex- change on the following format, furnishing as many details as practicable, separately in respect of each type of vacancy :-.....

The Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 Complete Act

State: Orissa

Year: 1975

.....(3) All rules made under this Act shall, as soon as may be after they are made be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and, if during the said period, the State Legislature makes modifications, if any, therein the rules shall thereafter have effect only in such modified from, so, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules. 19. Overriding effect of the Act. The provisions of this Act shall have effect notwithstanding anything to the contrary in any other aw or in any rule^ order or resolution made by the State Government. Orissa State Acts

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

State: Central

Year: 1959

.....suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended lo be done under this Act. SECTION 10: POWER TO MAKE RULES (1) The Central Government may. by notification in the Official Gazette and subject it) the condition of previous publication, make rules5for 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 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 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 under this Act. 6[(3) Every rule made under this Act shall be.....

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

State: Meghalaya

Year: 1959

..... I. If any employer fails to notify to the employment exchanges prescribed for the purpose 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 five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees. II. If any person- a. requied 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. 8. Cognisance of offence: No prosecution for an offence under this Act shall be instituted except by or with the sanction of such officer of.....

Constitution of India Constitution Order 15

Title: Provisional State Legislatures (Casual Vacancies) Order, 1950

State: Central

Year: 1950

..... 3. In this Order-- (a) casual vacancy means a casual vacancy in the seat of a member of a House of the Legislature of a State functioning under article 382 or article 385 whether such casual vacancy has arisen before or after the commencement of the Constitution ; (b) Election Commission means the Election Commission constituted under article 324 ; (c) election law means a law making any such provisions as are referred to in clause (2) of article 388 ; (d) incidental matters means all matters in connection with the filling of casual vacancies, including the decision of doubts and disputes arising out of, or in connection with, such vacancies. 4. As from the commencement of this Order, all election laws shall, in their application to the filling of casual vacancies and incidental matters, be subject to the exceptions and modifications directed by this Order. 5. (1) Notwithstanding anything contained in any election law, the Election Commission shall appoint a person or persons, whether by name or designation, to be an Election Tribunal for the decision of doubts and disputes arising out of, or in connection with, the filling of a casual vacancy. (2) The power to.....