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All establishments in public sector and such establishments in private sector

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  • 1. All Establishments in Public Sector and such establishments in private Sectorexcluding Agriculture, where ordinarily 25 or more persons are employed comewithin the purview of the Act. These establishments are required to notify allvacancies (other than those exempted) to the appropriate Employment Exchangeas notified in the official Gazette by the State Government in the prescribed formatAll Establishments inPublic Sector and such establishments in private Sectorexcluding Agriculture, where ordinarily 25 or more persons are employed comewithin the purview of the Act. These establishments are required to notify allvacancies (other than those exempted) to the appropriate Employment Exchangeas notified in the official Gazette by the State Government in the prescribed formatthis act will not be applicable if the total duration of the vacancies are less than threemonths.The following vacancies, namely:-(a) vacancies in posts of a technical and scientific nature carrying a basic spay ofRs.1400/- or more per month occurring in establishments in respect of which theCentral Govt. the appropriate Govt. under the Act, and(b) vacancies which an employer may desire to be circulated to the EmploymentExchanges outside the State or Union Territory in which the establishment issituated.shall be notified to such Central Employment Exchanges as may be specified by theCentral Govt. by notification in the Official Gazette, in this behalf.Vacancies other than those specified in sub-rule(1) shall be notified to the localEmployment Exchange concerned.4. Form and manner of notification of vacancies:-(1) The vacancies shall be notified in writing to the appropriate EmploymentExchange on the following format, furnishing as may details as practicable,separately in respect of each type of vacancy:-Requisition form to be used when calling for applicants from EmploymentExchanges.(Separate form to be used for each type of posts)1 Name, address and Tel.No. (if any) of theemployer.: _______________________________2 Name designation & Tel.No. (if any) of theindenting officer.: _______________________________3 Nature of vacancy:(a) Designation of the Post(s)to be filled.: _______________________________(b) Description of duties : _______________________________(c ) Qualifications requiredFor priority For othersCategories(applicable forCentral Govt.Posts only).(i) Essential(ii) Desirable : _______________________________
  • 2. (iii) Age limits, if any : ________________________________(iv) Whether women are eligible? : ________________________________3. Number of posts to be filledduration-wise:Duration No. of posts(a) Permanent : ________________________________(b) Temporary : ________________________________i) Less than 3 months : ________________________________ii) Between 3 months &one year: ________________________________iii) Likely to be continuedbeyond one year: ________________________________5. Whether there is any obligation or arrangement for giving preference to anycategory of persons such as Scheduled Caste, Scheduled Tribe, Ex-Servicemenand Physically Handicapped persons in filling up the vacancies and, if so, thenumber of vacancies to be filled by such category of persons:-Categories Number of vacancies to be filledTotal *By priority candidates (applicablefor Central Govt. posts only).a)ScheduledCaste________ ________________________b)ScheduledTribe_________ ________________________c)Ex-Servicemen_________ ________________________d)PhysicallyHandicapped_________ _________________________e)Others _________ _________________________6)Pay andAllowance_________ _________________________7) Place of work(Name of the town/village anddistrict in whichit is situated)._______________________________________8) Probable date by whichthe vacancy will be filled ______________________________________9) Particulars regarding interview/test of applicants: ______________________________________(a) Date of Interview/test _________________________________(b) Time of interview/test _________________________________(c) Place of interview/test _________________________________(d) Name, designation, addressAnd Tel.No., (if any) of theOfficer to whom applicantsshould report : __________________________10) Any other relevant information : ____________________________*Certified that while placing this demand, the instructions connected with the orders
  • 3. on communal representation in the services have been strictly followed with dueregard to the roster maintained in accordance with these orders ( to be given onlyby all the Central Govt. Offices/establishments/undertakings, etc. on whomreservation orders are applicable).Signature of theHead of Office.Date:*Delete if not applicable.(2) The vacancies shall be re-notified in writing to the appropriate EmploymentExchange if there is any change in the particulars already furnished to theEmployment Exchange under sub-rule (1).5.Time-limit for the notification of vacancies:-(1) Vacancies required to be notified to the local Employment Exchange, shall benotified at least 15 days before the date on which applicants will be interviewed ortested where interviews or tests are held, or the date on which vacancies areintended to be filled, if no interviews or tests are held.(2) Vacancies required to be notified to the Central Employment Exchange shall benotified, giving at least 60 days time to the Central Employment Exchange from thedate of receipt of the notification to the date of despatch of particulars orapplications of the prospective candidates for purpose of appointment or takinginterview or test against the vacancies notified.(3) An employer shall furnish to the concerned Employment Exchange, the resultsof selection with 15 days from the date of selection.6) Submission of returns--An employer shall furnish to the local EmploymentExchange quarterly returns in from ER-I and biennial returns in Form ER-II.Quarterly returns shall be furnished within thirty days of the due dates, namely, 31stMarch, 30th June, 30th Sept. and 31st December. Biennial returns shall befurnished within thirty days of the due date as notified in the official Gazette.7)Officer for purposes of section 6-The Director is hereby prescribed as the Officerwho shall exercise the rights referred to in section 6, or authorize any person inwriting to exercise those rights.8)Prosecution under the Act-The Director of Employment of the State in which theestablishment is located is hereby prescribed as the officer who may institute orsanction the institution of prosecution for an offence under the Act, or authorize anyperson in writing to institute or sanction the institution of such prosecution.(Vide GSR 236 1982)FORM ER-IQuarterly return to be submitted to the local Employment Exchanges for quarterended . . . . . . . . . . . . . . .The following information is required under the Employment Exchanges(Compulsory Notification of Vacancies )Rules, 1960 to assist in evaluating trends inemployment and for action to correct imbalances between and action to correctimbalances between labour supply and demand.Name & Address of the Employer : __________________________________Whether- Head Office : __________________________________-Branch Office : __________________________________Nature of business/Principal activity1)(a) EMPLOYMENTTotal number of persons including working proprietors/partners/Commissionagents/contingent paid and contractual workers, on the pay rolls of theestablishment excluding part-time workers and apprentices, (The figure shouldinclude every person whose wage or salary is paid by the establishment).On the last workingday of the previousquarter.On the last working
  • 4. day of the quarter underreportMENWOMENTOTALb) Please indicate the main reasons for any increaseor decrease in employment if the increase ordecrease is more than 5% during the quarter.NOTE: Establishments are reminded of their obligation under the EmploymentExchanges(Compulsory Notification of Vacancies)Act for notifying toEmployment Exchanges details of vacancies specified under the Act,before they are filled.2.VACANCIES:Vacancies carrying total emoluments of Rs.60/- or over per month and of overthree months duration.2(a) Number of vacancies occurred and notified during the quarter and the numberfilledduring the quarter.Number of vacancies which come within the purview of the ActOccurred NotifiedLocal Emp. C.E.EExchange.Filled Source (Describe the sourcefrom which filled)123452(b) Reasons for not notifying all vacancies occurred during the quarter underreportvide 2(a) above_____________________________3.MANPOWER SHORTAGESVacancies/posts unfilled because of shortage of suitable applicants.Name of the Number of unfilled vacancies/postsOccupation ordesignation ofthe post.Essentialqualificationsprescribed.EssentialexperienceExperience notnecessary1234Please list any other occupations for which this establishment had recently anydifficulty in obtaining suitable applicants.SIGNATURE OF EMPLOYER.ToThe Employment Exchange,. . . . . . .. . . . . .. . . . .. .. . . . .. . . . . . . . . . . . . .. . . . . . . . .NOTE: This return shall relate to quarters ending 31st March/30th June/30thSeptemberand 31st December and shall be rendered to the local EmploymentExchangewithin 30 days after the end of quarter concerned.
  • 5. FORM ER-IIOccupational return to be submitted to the local Employment Exchange once in twoyears(on a date to be specified by notification in the Official Gazette).(Vide the Employment Exchanges(Compulsory Notification of Vacancies)Rules,1960.Name and address of the employer. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .Nature of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Please describe what the establishment makes or does as its principal activity).------------------------------------------------------------1) Total number of persons on the pay rolls of the establishment on (specified date)(This figure should include every person whose wage or salary is paid by theEstablishment)______________________________2) Occupational classification of all employees as given in Item-1 above.(Please give below the number of employees in each occupation separately).Occupation Number of EmployeesMen Women Total1234Use exact terms such asEngineer(Mechanical),Teacher(domestic science),Officer on special duty(Actuary)Asst.Director(Metallurgist),Scientific asst.(Chemist), ResearchOfficer(Economist),Instructor(Carpenter),Supervisor(Tailor), Fitter(internalcombustion engine)Inspector(sanitary), Superintendent(office);Apprentice (Electrician).Please give as far as possibleapproximateNo.of vacancies in eachoccupation you are likely to fillduring the next calender yeardue to retirement, expansionor reorganizationTotal:Dated:Signature of the EmployerToThe Employment Exchange(Please fill in here the address ofyour local Employment Exchange)Note: Total of Col.4 under item 2 should correspond to the figure given againstitem-1.*As published in the Gazette of India, Extra Ordinary pt.II Section 3 Sub-section (i)dated 26.4.1960.**As Published in the Gazette of India, Part-II, Section sub-section (i) dated 6.3.63,23.3.68, 4.12.76, 6.3.82, 2.2.85 and 27.7.87 under GSR-450, GSR-548, GSR-1718,GSR-133, GSR-236 and GSR-634 respectively.
  • 6. If any employer fails to notify to the employment exchanges prescribed forthe purpose an vacancy in contravention of sub-section (1) or sub- section (2)of section-4, he shall be punishable for the first offence with fine which mayextend to five hundred rupees and for every subsequent offence with timewhich may extend to one thousand rupees.(2) 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 whichhe knows to be false, or (iii) refuses to answer, or given 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-5, 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. Cognizance of Offence:8. No prosecution for an offence under this Act shall be instituted except by, or with the sanction of such officer of Government as may be prescribed in this behalf or any person authorised by that officer in writing.
  • 7. Protection of action taken in good faith:
  • 8. MATERNITY BENEFIT SNo employer shall knowingly employ a woman in any establishment during the six weeksimmediately following the day of her delivery, 1[miscarriage or medical termination ofpregnancy].(2) No women shall work in any establishment during the six weeks immediately following theday of her delivery 2[miscarriage or medical termination of pregnancy].(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request beingmade by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, orwhich in any way is likely to interfere with her pregnancy or the normal development of thefoetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.(4) The period referred to in sub-section (3) shall be-(a) The period of one month immediately preceding the period of six weeks, before the date ofher expected delivery;(b) Any period during the said period of six weeks for which the pregnant woman does not availof leave of absence under section 6.Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall beliable for, the payment of maternity benefit at the rate of the average daily wage for the period ofher actual absence, that is to say, the period immediately preceding the day of her delivery, theactual day of her delivery and any period immediately following that day.]Explanation
  • 9. For the purpose of this sub-section, the average daily wage means the average of the womanswages payable to her for the days on which she has worked during the period of three calendarmonths immediately preceding the date from which she absents herself on account of maternity,1 [the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948)or ten rupees, whichever is the highest].(2) No woman shall be entitled to maternity benefit unless she has actually worked in anestablishment of the employer from whom she claims maternity benefit, for a period of not lessthan 2[eighty days] in the twelve months immediately preceding the date of her expecteddelivery:Provided that the qualifying period of 2[eighty days] aforesaid shall not apply to a woman whohas immigrated into the State of Assam and was pregnant at the time of the immigration.ExplanationFor the purpose of calculating under the sub-section the days on which a woman has actuallyworked in the establishment 3[the days for which she has been laid off or was on holidaysdeclared under any law for the time being in force to be holidays with wages] during the periodof twelve months immediately preceding the date of her expected delivery shall be taken intoaccount.3 [(3) The maximum period for which any woman shall be entitled to maternity benefit shall betwelve weeks of which not more than six weeks shall precede the date of her expected delivery:]Provided that where a woman dies during this period, the maternity benefit shall be payable onlyfor the days up to and including the day of her death:3 [Provided further that where a woman, having been delivered of a child, dies during her deliveryor during the period immediately following the date of her delivery for which she is entitled forthe maternity benefit, leaving behind in either case the child, the employer shall be liable for the
  • 10. maternity benefit for that entire period but if the child also dies during the said period, then, forthe days up to and including the date of the death of the child.]5A. Continuance of payment of maternity benefit in certain cases. Every woman entitled to thepayment of maternity benefit under this Act shall, notwithstanding the application of theEmployees State Insurance Act, 1948 (34 of 1948), to the factory or other establishment inwhich she is employed, continue to be so entitled until she becomes qualified to claim maternitybenefit under section 50 of that Act.]A woman suffering from illness arising out of pregnancy, delivery, premature birth of child1 [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production ofsuch proof as may be prescribed, be entitled, in addition to the period of absence allowed to herunder section 6, or, as the case may be, under section 9, to leave with wages at the rate ofmaternity benefit for a maximum period of one month.Any woman employed in an establishment and entitled to maternity benefit under the provisionsof this Act may give notice in writing in such form as may be prescribed, to her employer, statingthat her maternity benefit and any other amount to which she may be entitled under this Act maybe paid to her or to such person as she may nominat6 in the notice and that she will not work inany establishment during the period for which she receives maternity benefit.On receipt of the notice, the employer shall permit such woman to absent herself from theestablishment during the period for which she receives the maternity benefit.](5) The amount of maternity benefit for the period preceding the date of her expected deliveryshall be paid in advance by the employer to the woman on production of such proof as may beprescribed that the woman is pregnant, and the amount due for the subsequent period shall bepaid by the employer to the woman within forty-eight hours of production of such proof as maybe prescribed that the woman has been delivered of a child.Payment of medical bonus. (1) Every woman entitled to maternity benefit under this Act shallalso be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.Leave for miscarriage, etc. In case of miscarriage or medical termination of pregnancy, a womanshall, on production of such proof as may be prescribed, be entitled to leave with wages at therate of maternity benefit, for a period of six weeks immediately following the day of hermiscarriage or, as the case may be, her medical termination of pregnancy].
  • 11. Leave with wages for tubectomy operation. In case of tubectomy operation, a woman shall, onproduction of such proof as may be prescribed, be entitled to leave with wages at the rate ofmaternity benefit for a period of two weeks immediately following the day of her tubectomyoperation].A woman suffering from illness arising out of pregnancy, delivery, premature birth of child1 [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production ofsuch proof as may be prescribed, be entitled, in addition to the period of absence allowed to herunder section 6, or, as the case may be, under section 9, to leave with wages at the rate ofmaternity benefit for a maximum period of one month.When a woman absents herself from working accordance with the provision soft his Act, it shallbe unlawful for her employer to discharge or dismiss her during or on account of such absence orto give notice of discharge or dismissal on such a day that the notice will expire during suchabsence, or to vary to her disadvantage any of the conditions of her service.(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the womanbut for such discharge or dismissal would have been entitled to maternity benefit or medicalbonus referred to in section 8, shall not have the effect of depriving her of the maternity benefitor medical bonus:Provided that where the dismissal is for any prescribed gross misconduct, the employer may, byorder in writing communicated to the woman, deprive her of the maternity benefit or medicalbonus or both.1 [(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged ordismissed during or on account of her absence from work in accordance with the provisions ofthis Act, may, within sixty days from the date on which order of such deprivation or discharge ordismissal is communicated to her, appeal to such authority as may be prescribed, and thedecision of that authority on such appeal, whether the woman should or should not be deprivedof maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]