Applicability Sec: 4 r.w. Sec. 2(g) (1) It applies to the employer in every establishment in public sector in any state or area (2) It applies to the employer in every establishment in private sector where ordinarily more than twenty five or more persons are employed to the work for remuneration.
(b) "employee" includes any person who is employed in an establishment to do any work for remuneration. (c) "employer" includes a person who employs one or more other persons to do any work for remuneration and includes any person entrusted with supervision and control of employees. (d) "employment exchange" means any office or place established and maintained by the government for the collection and furnishing of information respecting (i) persons seeking to engage employees. (ii) persons seeking employment and (iii) vacancies (c) "establishment" means (a) any office, or (b) any place where any industry, trade, business or occupation is carried on. (f) "establishment in public sector" means an establishment owned, controlled or managed by (1) Government or by its department; (2) Government controlled company defined u/s. 617 of Companies Act, 1956; (3) A corporation (including co-operative society) established by or under a Central, Provincial or State Act, owned, controlled or managed by Government; (4) Local authority (g) "establishment in private sector" means establishment not being an establishment in public sector and where ordinarily twenty five or more persons are employed.
(1) In relation to the vacancies in any employment (a) in agriculture (Including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives. (b) domestic service; (c) the total duration of which is less than 3 months; (d) to do unskilled office work by daftari; or Jamadar, orderly and peon; or dusting man or record lifter; or process server; or watchman, or sweeper, or any other person doing unskilled work as declared by Central Government (e) connected with the staff of Parliament and (2) Unless the Central Government otherwise directs by notification (a) to vacancies filled up through promotions or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or held by or on the recommendation of any agency like Union or state Public Service Commission and the like; (b) vacancies which carries a remuneration of less than sixty rupees in a month.
(1) vacancies to be notified by every public sector employer compulsorily to such prescribed employment exchange (2) vacancies to be notified by the private sector employer compulsorily as per the requisition of the Appropriate Government to such prescribed employment exchange (3) Manner of notification (4) No obligation on employer to appoint candidate sponsored by employment exchange. Time limit for notification of vacancies [Rule: 5] - (1) to Local Employment Exchange - 15 days prior to the date on which vacancies are intended to be filled. (2) to Central Employment Exchange - before 60 days (3) result of selection selection. 15 days from the date of
In relation to vacancies by public sector and private sector employer as may be prescribed and The form and manner of notification of vacancies as prescribed. [Rule: 4]
(1) for failure to notify to the employment exchanges regarding any vacancy in contravention of Sub Sec. (1) or (2) of Sec. 4 first offence - with the fine which may extend to 500/- and every subsequent offence - with fine which may extend to 1000/- (2) for refusal or negligence to furnish any required information or returns, or furnishing or causing to furnish false information or returns, or refusing to answer any necessary question for obtaining any required information u/s. 5, or impeding the right to access relevant records or documents or right of entry u/s. 6-first offence - with fine which may extend to₹250/- and every subsequent offence - with fine which may extend to ₹ 500/-
Central Government Form ER-I & ER-II to be submitted from Employer as quarterly and once in 2 years.
