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Section 145: Exemption from reporting vacancies

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIII: Employment Information and Monitoring
Competent Labour Forum
Act No. 36 of 2020
Section 144 All 163 Sections of Code on Social Security, 2020 Section 146

Legal Commentary & Landmark Judgments: Section 145

Section 145 of the Code provides exemptions from the vacancy reporting mandate, specifying employments in agriculture, domestic service, short-term temporary vacancies, and confidential appointments to which Section 144 does not apply.

  • Statutory Exemptions from Vacancy Reporting: Exempts agricultural employment, domestic household service, casual employment of short duration (under sixty days), and unremunerated roles.
  • Confidential & Sensitive Directorial Roles: Exempts vacancies in senior confidential positions, key managerial personnel, or security-sensitive posts from public career centre notification.
  • Power of Appropriate Government to Add Exemptions: Authorizes the Government to exempt specific categories of establishments by notification in the Official Gazette.
Key Landmark Precedents:
  • Union of India v. N. Hargopal (1987) 3 SCC 308: Supreme Court affirmed that statutory exemptions from vacancy reporting are practical measures designed to avoid administrative friction in transient or confidential hiring.
  • Excise Superintendent v. K.B.N. Visweshwara Rao (1996) 6 SCC 216: Affirmed that specialized appointments requiring unique confidential expertise are legitimately excluded from routine exchange notification.
  • Chintaman Rao v. State of M.P. AIR 1958 SC 388: Reaffirmed that statutory classification of commercial employment for regulatory reporting must be reasonable under Article 14.
Courtroom Practice & Strategic Litigation Guidance:

In recruitment audits, maintain an exemption dossier for senior executive, C-suite, and short-term project hires, documenting the specific statutory exemption under Section 145 to rebut any regulatory non-reporting allegations.

Section 144 All 163 Sections of Code on Social Security, 2020 Section 146