The CNV Act makes it mandatory on 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.
CNV Act is implemented through the 14 District Employment Officers, State Employment Market Information Officer, and the Deputy Director of Employment (AE&PH), who have been designated as the Act Enforcement Officers for the purpose. The district level Act Enforcement Officers have been instructed to inspect at least three establishments every month.
Inspections are also conducted in the case, when complaints are received regarding non-compliance with the provisions of the Act. In the case, when Public Sector establishments are seen violating the provisions of the Act, the matter is first taken up with their respective administrative department of the government, and measures are taken for rectification.
CNV Act is applicable to
- All establishments in public sector.
- All establishments in the private sector where 25 or more persons are employed to work for remuneration. (Section 2 EE CNV Act)
They are to notify vacancies in their establishments to respective Employment Exchanges.
They are also to render quarterly employment returns (ER-I) and biennial occupational returns (ER-II) in the prescribed forms. However all private establishments where 10-24 persons are employed for work for remuneration may render the ER-II returns.(Section 5-EE CNV Act).
Exemptions under the EE (CNV) Act
The Act does not apply in relation to vacancies in any employment in agriculture (including horticulture) in any establishments in private other than employment as agricultural or farm machine operatives
- In any employment in domestic sector.
- In any employment the total, duration of which is less than 3 months.
- In any employment to do unskilled office work.
- In any employment connected with staff of parliament.
The act does not apply to
- Vacancies proposed to be filled up through promotion or by absorption of regular staff or vacancies dealt by U.P.S.C, K.P.S.C. Etc.
- Vacancies in any employment which carries a remuneration of less than 60 rupees per month.(Section 3 EE CNV Act).
- Part time contingent posts
Penalties for EE (CNV) Act violation
The fresh offence is punishable with fine up to Rs.500/and for every subsequent offence with fine up to Rs.1000/. Violation also invites disciplinary action from their administrative departmental or Government.