Rule 33. Reporting of vacancies and result of selection etc

(1) (a) After the commencement of the Code 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, report that vacancy or cause to be reported to such career centre as may be specified by notification, made by the appropriate Government.

(b) 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, report that vacancy or cause to be reported to such career centre (Regional) from such date as may be specified in the notification made by the appropriate Government.

(c) The State Government shall provide for mechanism (including digital) for receipt of vacancies reported by the employers and career centre to which the vacancies are reported, would provide a unique vacancy reporting number for the vacancy reported and convey it to the employer in writing, through email or digitally or through any other such media immediately but in any case not later than seven working days from the date of receipt of reporting of vacancies in north-eastern States and three working days in other States:

Provided that time limit of three working days may be further enhanced up to seven working days by appropriate Government, by notification, keeping in view the geographical conditions or other local needs.

Explanation.–For the purposes of this rule,–

(A) “establishment in public sector” means an establishment owned, controlled or managed by-

(i) the Government or a Department of the Government;

(ii) a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);

(iii) a corporation (including a co-operative society) or an autonomous organization or an authority or a body established by or under State enactment, which is owned, controlled or managed by the Government; and a local authority.

(B) “establishment in private sector” means an establishment which is not an establishment in public sector and with ordinarily 50 or more employees or such number of employees as may be notified by the Central Government are employed therein.

(C) “appropriate Government” means State Government for career centre (Regional). The State Government, having no career centre or digital portal of its own, may specify, by notification, reporting of vacancies by establishments in an area thereof to the digital portal or to the Career Centre of the Central Government.

(2)(a)The following vacancies, namely:–

(i) all vacancies in posts of Technical and Scientific nature carrying a minimum pay or pay level or both as notified by the Central Government, occurring in establishments in respect of which the Central Government is the appropriate Government under the Code; and

(ii) vacancies which an employer may desire to be circulated to the career centres outside the State or Union territory in which the establishment is situated;

shall be reported to such career centre (Central) as may be specified by the Central Government, by notification.

(b) Vacancies other than those specified in clause (a), shall be reported to the career centre (Regional) concerned.

(c) Vacancies which have been reported to the career centre (Regional) and for which recruitment is to be made on State or Inter-State or all India basis, shall also be reported to career centre (Central) or uploaded on a digital portal as specified by the Central Government by notification in addition to the State portal.

(3)(a) The vacancies shall be reported in writing or through official email or digitally to the career centre specified by the appropriate Government.

(b) The vacancies shall be reported in the format given at Form-XV, furnishing as many details as practicable, separately in respect of each type of vacancy.

(c) Any change in the particulars already furnished to the career centre under clause (a) of sub rule(3), shall be reported in writing or through official email or digitally, as the case may be, to the specified career centre.

(4)(a) Vacancies, required to be reported to the career centre(Regional), shall be reported at least fifteen days before the last date of receipt of the applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies reported.

(b) Vacancies required to be reported to the career centre(Central) shall be reported at least forty days before the last date of receipt of the applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies reported.

(c) The employer shall furnish the information relating to the result of selection to the concerned career centre against the vacancies reported within thirty days from the date of selection.

(5) (a) After commencement of the Code in any State or area thereof, the employers in every establishment in the public sector in that State or area shall maintain records manually or electronically or digitally about–

i. total number of employees (regular, contractual or fixed term employment) on 31st March of every year;

ii. persons recruited during the year ending on 31st March;

iii. occupational details of its employees on 31st March of every year;

iv. vacancies for which suitable candidates were not available during the year ending on 31st March; and

v. approximate number of vacancies likely to occur during the next financial year.

(b) Appropriate Government may, by notification, 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 establishment in private sector shall maintain records manually or electronically or digitally about –

i. total number of employees (regular, contractual or fixed term employment) as on 31st March of every year;

ii. persons recruited during the year ending on 31st March;

iii. occupational details of its employees as on 31st March of every year;

iv. vacancies for which suitable candidates were not available during the year ending on 31st March; and

v. approximate number of vacancies likely to occur during the next financial year.

(6) An employer shall furnish to the concerned Career Centre (Regional) yearly returns in form (Employment Information Return) as given at Form-XVII. Yearly returns shall be furnished manually or, electronically, or digitally, as the case may be, as specified by the respective State Government in notification, within thirty days of the due date, namely, 31st March of the year.

(7) (a) The Director of Employment or officer of his equivalent or above rank, controlling the work of career centres (Regional) of the respective State Government, will declare in writing an officer looking after the work of career centres (Regional) as “Executive Officer” for each district for the purpose of enforcement /implementation of Chapter XIII (Employment Information and Monitoring) of the Code. He shall be the officer who shall exercise the rights and perform duties referred to in section 139, or authorize any person in writing to exercise those rights and perform duties.

(b) The Director of Employment or an officer of his equivalent or above rank, controlling the work of Directorate General of Employment, Ministry of Labour and Employment, New Delhi, will declare in writing an officer looking after the work of career centres (Central) as “Executive Officer” for the purpose of enforcement or implementation of Chapter XIII (Employment Information and Monitoring) of the Code. He shall be the officer who shall exercise the rights and perform duties referred to in section 139.

(8) The Director of Employment or an officer of his equivalent or above rank, controlling the work of career centres (Regional) of the respective State shall be the competent authority to approve institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in section 133.

(9) For implementation of provisions of Code relating to Chapter XIII and rules thereof, the Central Government may issue detailed guidelines explanatory in nature which shall be supplemented further by the respective State Government as per local needs.