Rule 84. (1)

Manner and form of reporting vacancies and form of filing the return by the employer, to the concerned career centre under sub-section (2) of section 139.- Reporting of Vacancies to Career Centers.-

(a) After the commencement of this Code in the State of Gujarat thereof, the employer in every establishment in public sector in State or area shall, before filling up any vacancy in any employment in that establishment, report that vacancy to the Career Centre through the Employment portal of the State Government.

(b) The employer in every establishment in private sector or every establishment pertaining 1o any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, report that vacancy to the Career Centre through the Employment portal of the State Government.

(c) The State Government shall provide for mechanism (in form of Employment portal). for the receipt of vacancies reported by the employers through a notification. Career Centre to which the vacancies are reported would provide a unique vacancy reporting number for the vacancy reported to the employer in writing, through email or digitally or through any other such media within ten working days from the date of receipt of reporting of vacancies.

Explanation: (1) 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 (No. 18 of2013);

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

(iv) a local authority.

(2) "Establishment in private sector" means an establishment as notified by the State Government from time to time. ! !

(2) Type of vacancies and respective Career Centre for reporting of vacancies.-

(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 State Government, occurring in establishments in respect of which the State Government is the appropriate Government under the Code; and

(ii) Vacancies which an employer may desire to be circulated to the Career Centers outside the State or Union Territory in which the establishment is situated shall be reported to such Career Centre(State) as may be specified by the State Government by notification.

(b) Vacancies other than those specified in clause (a) of sub-rule (2) above, shall be reported to the concerned Career Centre.

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

(3) Form and manner of reporting of vacancies.-

(a) The vacancies shall be reported in writing or through valid official email or • digitally to the Career Centre through the employment portal as notified by the State Government.

(b) The vacancies shall be reported in Vacancy Notification Form as given in Form-XXXV furnishing as many details as practicable, separately for 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, 1o the specified Career Centre.

(4) Time limit in the reporting of vacancies. -Vacancies, required to be reported to the Career Centre, 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, whichever is earlier.

(5) Maintenance of records.-

(a) After commencement of this Code in State of Gujarat or area thereof, the employers in every establishment in the public sector in the state or area shall maintain records manually or electronically with read receipt or otherwise or digitally about,-

(i)

(ii) Total number of employees (regular, contractual or fixed term employment) on 3154 March of every year; Persons recruited during the year ending on 31" March; Ry' ! !

(iii) Vacancies for which suitable candidates were not available during the year ending on 31% March; and

(iv) Occupational details of approximate number of vacancies likely to occur during the next two financial years and the skill requirements thereof.

(b) The State 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 with read receipt or otherwise or digitally about,- Total number of employees (regular, contractual or fixed term employment) on 31" March of every year;

(ii) Persons recruited during the year ending on 31s March;

(iii) Vacancies for which suitable candidates were not available during the year ending on 31st March; and

(iv) Occupational details of approximate number of vacancies likély to occur during the next two financial years and the skill requirements thereof.

(6) Submission of returns. - An employer shall furnish to the concerned Career Centre yearly returns in form EIR (Employment Information Return) as given at Form-XXXVI. Yearly returns shall be furnished manually or electronically with read receipt or otherwise or digitally, as the case may be, up to 315' May of the year.

(7) Declaration of Executive Officer. - The Assistant Director/Employment officer holding the responsibility of the career Centre shall be "Executive Officer" for each district Ruy 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 of the Code, or authorize any person in writing to exercise those rights and perform duties.

(8) Levy of penalty under Chapter XIII of the Code. - The Director of Employment or an officer of equivalent rank or above, controlling the work of Career Centers 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.