Employment Exchange (Compulsory Notification of Vacancies)Amendment Bill 2009

July 27, 2009 - PRLog -- I have gone through the draft Amendment Bill 2009 and noted the contents therein. I hereby submit my suggestions/objections as desired for your perusal and doing the needful in this respect, as under:

1.   The proposed amendments in the Employment Exchange (Compulsory Notification of Vacancies) Act 1959 (hereinafter referred to as the Principal Act) are totally adverse to the preamble of the Principal Act (31 of 1959) which will divert and change the object and scope of the Principal Act, hence the change in the name of the Principal Act is unwarranted and will not serve the very purpose and object of the enactment.

2.   Employment officers in our country are functioning as data centres of unemployed youths as enumerated under section 2(d) of the Principal Act, but the accuracy of the datas still remains doubtful. The Employment Exchange offices in our country are not empowered to generate or promote the employment and to assist any kind of financial help to the unemployed people for initiating/taking up their self employment on the contrary even they are not consulted on the manpower planning issue by the Government, therefore the guidance and counseling part will not be exercised properly in want of skill and competency, hence simply change in the name of the Principal Act will not be able to change the duties of the Employment Officers.

3.   Commercial crops under proposed New inserted sec. 2(gg) have not been defined clearly which will lead anomaly in the minds of people and the enforcing authorities resulting in unnecessary litigations in the court of law.

4.   Sec 3(2) of the Principal Act should not be omitted because it will lead a great dissatisfaction among people and also enlarge the scope and coverage of the Principal Act. If it becomes imperative or inevitable to amend this section of the Principal Act, it is suggested that the ceiling of sixty rupees could be replaced by one thousand rupees in view of the increase in the rates of minimum wages of central Government.

5.   The insertion of New sec. 5(4) in the Principal Act is unwarranted and not practical also as such information desired under this section is already been supplied by the employer in the prescribed proforma of quarterly returns, hence, there is no need to insert this new section.

6.   The proposed amendment in Section 6 of the Principal Act will enlarge the scope of the Principal Act, which will take us towards the more stringent labour legislations and bring the employer under more compulsion which will curtail the autonomy of free recruitment of highly skilled person. In view of the liberalization and globalization, we need to amend our labour laws to the extent to provide more liberal legislations to attract maximum investment for our industrial growth.

7.   The proposed substituted section 7 is totally unwarranted, undesired and perverse to the national policy on labour and it will also lead as encouragement to the evil of Inspector Raj and spoil the very purpose of this enactment as such the employment guidance and promotion officers cannot be the prosecution officers even if the amendment of this is very essential to insert the provisions of imprisonment, the prior permission from the Registrars under the Company’s Act 1956 has to be obtained incase of the Private organizations and it should be made mandatory and also when a vexatious malicious or flippant complaint has been made, the complainant may be visited with stringent fire.

The data reflected in the report of National Commission on Labour shows that the violation reported under Employment Exchange (Compulsory Notification of Vacancies) Act 1959 are very less in comparison to the other labour legislations so there is no necessity to insert new clause of imprisonment.

8.   It is also suggested that the enforcement agency should be the Central Government in respect of Employment Exchange (Compulsory Notification of Vacancies) Act 1959 since this enactment is enunciated by the Central Government itself as the subject matter of labour is included in the concurrent list of our Constitution where both the Central Government as well as Statement Governments can make law. It is expected that the Employment Exchange (Compulsory Notification of Vacancies) Act 1959 must be designed to know the nature of vacancies that may arise in establishments to which the Act applies and facilitate the Employment Exchange Organization to sponsor the suitable candidates for filing up such vacancies. The Act also be designed to help to generate information relating to the employment market in the country as a whole and incidentally will enable to identify the pockets of scarcity in stipulated trades and alert the training authorities to provide for training in such areas.

In view of the above, I request you to incorporate my suggestions on sections in your representation to the Government on the proposed amendment Bill.

I am grateful to you for providing an opportunity to make my suggestion. I appreciate your efforts to provide an opportunity to the members for making their suggestions.

Thanking you,

M.L.PANDIA
ADVOCATE