S.1 Short title, extent and commencement

       (1) This Act may be called the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
       (2) It extends to the whole of India 1[***].
       (3) It shall come into force in a State on such date2 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 different States or for different areas of a State.
        
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        1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971).
        2. Came into force on 1-5-1960 in all the States and the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see G.S.R.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) “appropriate Government” means—
       (1) in relation to—
       (a) any establishment of any railway, major port, mine or oil-field, or
       (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 society) established by or under a Central Act which is owned, co

S.3 Act not to apply in relation to certain vacancies

       (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) vacancie

S.4 Notification of vacancies to employment exchanges

       (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.
       (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 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

S.5 Employers to furnish information and returns in prescribed form

       (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 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 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 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 employment exchanges as may be prescribed, and the employer shall thereupon comply with such re

S.6 Right of access to records or documents

       Such officer of Government as may be prescribed in this behalf, or any person authorised by him in writing, shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises where 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.

S.7 Penalties

       (1) If any employer fails to notify to the employment exchanges prescribed for the purpose any 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 may extend to five hundred rupees and for every subsequent offence with fine which 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 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

S.8 Cognizance of offences

       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.

S.9 Protection of action taken in good faith

       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.

S.10 Power to make rules

       (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules1 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 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 shall be furnished, and the particulars which they shall contain;
       (c) t