Introduction
Background of this Hand-Book (Right to Information Act. 2005):
As per RTI Act-2005 and Odisha RTI Rules,2005.
Objective / Purpose of this Hand-Book:
As per RTI Act-2005 and Odisha RTI Rules,2005.
Who are the Intended users of this hand-books?
As per RTI Act-2005 and Odisha RTI Rules,2005.
Organisation of the information in this hand-book.
As per RTI Act-2005 and Odisha RTI Rules, 2005.
Definitions of various terms used in the handbook.
As per RTI Act-2005 and Odisha RTI Rules, 2005.
Contact person.
As per RTI Act-2005 and Odisha RTI Rules,2005.
Procedure and Fee Structure.
As per RTI Act-2005 and Odisha RTI Rules,2005.
MANUAL-1
Particulars of Organization, Functions & Duties
[Section-4 (1) (b) (I)]
1. Aim and Objectives of the Organization:
The primary aim and objectives of the Office of the Divisional Labour Office, Jeypore.
i. To maintain Industrial peace and harmony for boosting up production and productivity of the Industrial Organizations and to have a contended work force and to enforce various labour laws.
ii. To protect the working class from exploitation.
2. Mission/ Vision:
The vision and mission of this office is to make the district free from any loss of production in any industry caused due to strike/ lock out. To implement the provisions of different labour laws by ensuring payment of minimum wages and regulating working conditions of the workers. Quick redressal of the grievances ofworkers.
3. Brief History and Background for its Establishment:
The Zonal Labour Office, Jeypore headed by the Asst. Lab our Commissioner, Jeypore was upgraded to the Divisional Labour Office in the year 1986 and the first Deputy Labour Commissioner, Jeypore joined as the Head of the Division Office, Jeypore on 09.06.1986. Since then the DivisionalOffice, Jeypore was comprising four old districts such as Koraput ,Ganjam, Phulabani, Kalahandi but after creation of new districts in Odisha state presently the Divisional Labour Office, Jeypore is comprising 11districts such as Koraput, Malkangiri, Nabarangapur, Rayagada, Nuapada, Bhawanipatna, Ganjam ,Chatrapur, Gajapati, Phulabani, Boudh. Ganjam District has two District Labour Officers, one at Berhampur and one at Chatrapur.
4. Present Staff position of Divsional Labour Office, Jeypore:
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Sl. No. |
Staff |
Position |
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1 |
2 |
3 |
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1 |
DLC |
1 |
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2 |
ALC |
1 (Vacant) |
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3 |
DLO |
1 |
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4 |
ALO |
1(Vacant) |
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5 |
RLI |
1 |
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6 |
Senior Stenographer |
1 |
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7 |
Junior Clerks |
3 |
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8 |
Peons |
3 |
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9 |
Chaukidar |
1 |
5. Duties of the Public Authority:
The Deputy Labour Commissioner, Jeypore is the Apex Authority of Jeypore Division. He is looking after the over all charge of Labour Administration of the Division. For smooth functioning of the division, Jeypore division has been divided nto 2 Labour Zones such as Zonal Labour Office, Berhampur and Zonal Office,Bhawanipatna. Zonal Labour Office, Jeypore functions in the Divisional Lab our Office, Jeypore itself. Zonal Labour Office, Ganjam and Bhawanipatna function independently headed by one Asst. Labour Commissioner. The Zonal heads look after functioning of its subordinate offices coming under their respective jurisdictions. Every district is headed by one District Labour Officer and the Assistant Labour Officer and Rural Labour Inspectors are answerable to their respective Dist. Labour Officer whereas the Dist. Labour Officer answerable to the Asst. Labour Commissioner.
The Officers of this offices usually receive complaints and disputes from the workmen/ employees working under different establishments relating to termination of service, enhancement of wages and allowances, non payment and non provision of other services benefits, welfare amenities and facilities as per provisions of different labour laws. The officers of this Division/ Office after investigating the grievances, render necessary relief to the complaints as per laws. In addition to this, the Officers issued registration certificates/ licenses under different labour laws. Further, the Officers also hear and decide claim cases under Minimum Wages Act, 1948/ Payment of Wages Act, 1936/ Equal Remuneration Act, 1976/ Workmen's Compensation Act, 1923/ Payment of Gratuity Act, 1972.
In order to look after the implementation of different provisions of various labour laws in the industrial establishments situated in the district of Jeypore, the Officers of the Labour machinery in the district have been declared as Inspectors under different labour laws, Conciliation Officers under the Industrial Disputes Act, 1947 by the Govt. of Odisha. The duty of the officer is to intervene when any industrial dispute is existed or apprehended between the parties and try to promote a settlement. In case, no settlement is arrived at, the conciliation officer submits report to the Govt. Who in turn refer the dispute to Labour Court or Industrial Tribunal for adjudication.
In order to protect the interest of the workers the officers/ inspectors posted in this office enforce the provisions of following labour enactments:
i. Industrial Disputes Act, 1947
ii. Minimum Wages Act, 1948
iii. Payment of Wages Act, 1936
iv. Inter State Migrant Workmen (RE & CS) Act, 1979
v. Child Labour (P & R) Act, 1986
vi. Equal Remuneration Act, 1976
vii. Beedi & Cigar Workers (CE) Act, 1966
viii. Contract Labour (R & A) Act, 1970
ix. Motor Transport Workers Act, 1961
x. Payment of Bonus Act, 1965
xi. Industrial Employment (S.O.) Act, 1946
xii. Maternity Benefit Act, 1961
xiii. Sales Promotion Employees (C&S) Act, 1976
xiv. Trade Unions Act, 1926
xv. Building & Other Construction Workers (RE & CS) Act, 1996
xvi. Building & Other Construction Workers Welfare Cess Act, 1996
xvii. Workmen's Compensation Act, 1923
xviii. Working Journalists and other News Papers Employees (Conditions of Services and Miscellaneous Provisions) Act, 1958
xix. Odisha Shops & Commercial Establishments Act, 1956
xx. Odisha Industrial Establishments (N & F) Holidays Act, 1969
xxi. The Cine Workers and Cinema Theaters Workers (R & E) Act, 1981
xxii. The Labour Laws (Exemption from Furnishing Returns and Maintenance of Registers by certain Establishments) Act
While implementing the provisions of labour laws, when any violations of provisions of Labour laws were detected by the officers/ inspectors, they prefer prosecutions and claim cases before the Court of law as per the provisions of law.
6. Main Activities/ Functions of the Public Authority:
The Deputy Labour Commissioner, Jeypore is the Apex Authority of Jeypore Division. He is looking after the over all charge of Labour Administration of the Division. For smooth functioning of the division, Jeypore division has been divided into 2 Labour Zones such as Zonal Labour Office, Berhampur and Zonal Office, Bhawanipatna. Zonal Labour Office, Jeypore functions in the Divisional Labour Office, Jeypore itself. Zonal Labour Office, Ganjam and Bhawanipatna function independently headed by one Asst. Labour Commissioner. The Zonal heads look after functioning of its subordinate offices coming under their respective jurisdictions. Every district is headed by one District Labour Officer and the Assistant Labour Officer and Rural Labour Inspectors are answerable to their respective Dist. Labour Officer whereas the Dist. Labour Officer answerable to the Asst. Labour Commissioner.
The Officers of this offices usually receive complaints and disputes from the workmen/ employees working under different establishments relating totermination of service, enhancement of wages and allowances, non payment and non provision of other services benefits, welfare amenities and facilities as per provisions of different labour laws. The officers of this Division/ Office after investigating the grievances, render necessary relief to the complaints as per laws. In addition to this, the Officers issued registration certificates/ licenses under different labour laws. Further, the Officers also hear and decide claim cases under Minimum Wages Act, 1948/ Payment of Wages Act, 1936/ Equal Remuneration Act, 1976/ Workmen's Compensation Act, 1923/ Payment of Gratuity Act, 1972.
In order to look after the implementation of different provisions of various labour laws in the industrial establishments situated in the district of Jeypore, theOfficers of the Labour machinery in the district have been declared as Inspectors under different labour laws, Conciliation Officers under the Industrial Disputes Act, 1947 by the Govt. of Odisha. The duty of the officer is to intervene when any industrial dispute is existed or apprehended between the parties and try to promote a settlement. In case, no settlement is arrived at, the conciliation officer submits report to the Govt. Who in turn refer the dispute to Labour Court or Industrial Tribunal for adjudication.
In order to protect the interest of the workers the officers/ inspectors posted in this office enforce the provisions of following labour enactments:
i. Industrial Disputes Act, 1947
ii. Minimum Wages Act, 1948
iii. Payment of Wages Act, 1936
iv. Inter State Migrant Workmen (RE & CS) Act, 1979
v. Child Labour (P & R) Act, 1986
vi. Equal Remuneration Act, 1976
vii. Beedi & Cigar Workers (CE) Act, 1966
viii. Contract Labour (R & A) Act, 1970
ix. Motor Transport Workers Act, 1961
x. Payment of Bonus Act, 1965
xi. Industrial Employment (S.O.) Act, 1946
xii. Maternity Benefit Act, 1961
xiii. Sales Promotion Employees (C&S) Act, 1976
xiv. Trade Unions Act, 1926
xv. Building & Other Construction Workers (RE & CS) Act, 1996
xvi. Building & Other Construction Workers Welfare Cess Act, 1996
xvii. Workmen's Compensation Act, 1923
xviii. Working Journalists and other News Papers Employees (Conditions of Services and Miscellaneous Provisions) Act, 1958
xix. Odisha Shops & Commercial Establishments Act, 1956
xx. Odisha Industrial Establishments (N & F) Holidays Act, 1969
xxi. The Cine Workers and Cinema Theaters Workers (R & E) Act, 1981
xxii. The Labour Laws (Exemption from Furnishing Returns and Maintenance of Registers by certain Establishments) Act
While implementing the provisions of labour laws, when any violations of provisions of Labour laws were detected by the officers/ inspectors, they prefer prosecutions and claim cases before the Court of law as per the provisions of law.
7. Expectation of the Public Authority from the Public for Enhancing its Effectiveness and Efficiency:
Any workmen/ employee/ citizen is free interact the officers of this Office in connection with their grievances or seeking any clarification either on enforcement of different labour laws or otherwise. The officers/ inspectors under this office usually receives disputes and complaints from the workmen/ employees working under different establishments relating to termination of service, enhancement ofwages and allowances, non provisions of other service benefits, welfare amenities and facilities as per provisions of different labour enactments. The grievancesrender necessary relief to the complainants as per provisions of law.
8. Arrangement and Methods made for Seeking Public Participation/ Contribution:
Any workmen/ employee/ citizen is free to interact the officers of this Office in connection with their grievances or seeking any clarification either on enforcement of different labour laws or otherwise. The officers/inspectors under this office usually receives disputes and complaints from the workmen/ employees working under different establishments relating to termination of service, enhancement of wages and allowances, non provisions of other service benefits, welfare amenities and facilities as per provisions of different labour enactments. The grievances render necessary relief to the complainants as per provisions of law.
9. Mechanism Available for Monitoring the Service Delivery and Public Grievance Resolution:
The provisions of different labour enactments facilitate the officers/ inspectors to render services to the public/ working people in the district.
10. Address of the main office and other offices at Different levels:
Divisional Labour Office,
Bye-Pass Road, Jeypore,
Pin-764001
11. Working Hours of the Office:
The Office of the Divisional Labour Office, Jeypore functions from 10 A.M. To 5 P.M. with lunch break from 1.30 P.M. to 2 P.M. in all working days but during summer the office functions from 7 AM to 1 P.M. without lunch break. The office remains closed in all the Holidays as declared by the Government including all Sundays
MANUAL-2
Powers and Duties of Officers & Employees
[Section-4(1) (b) (ii)]
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Sl. No. |
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1 |
Designation |
Deputy Labour Commissioner, Division Officer |
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Powers |
Administrative |
He enjoys the powers of Head of Office. He also discharges powers of Executive Authority for the Division under his jurisdiction. Besides he also executes Administrative function as defined under Rule-2 (XV-a) of OGFR Vol.1 |
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Financial |
He executes the Financial Powers as per Rule-2 (IX-a) of OGFR Vol.1 and powers delegated under delegation of Financial Powers Rules |
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Statutory |
He acts as the Commissioner under W.C. Act, 1923 within his area of jurisdiction | ||
| He acts as the Appellate Authority under P.G. Act 1972 in respect of his area of jurisdiction | |||
| He acts as the Authority under P.W. Act, 1936 | |||
| He acts as the Certifying Officer under I.E. (S.O.) Act 1946 in respect of his area of jurisdiction | |||
| He acts as the Addl. Registrar of trade unions under trade unions Act, 1926 | |||
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Duties |
He hears and decides the accidental claim applications received from the dependants of deceased workman and workman sustaining employment injury arising out of and in course of employment |
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He decides the Appeals made on the judgment delivered by the controlling Authority under P.G. Act |
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He hears and decides the claim applications under the P.W. Act, 1936 |
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He approves the Draft Standing Orders in respect of industrial establishment employing 50 or more workmen |
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He verifies the particulars of application of the unions and takes necessary steps for Registration and also cancellation of Registration Certificates of Trade Unions |
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2 |
Designation |
Assistant Labour Commissioner |
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|
Powers |
Administrative | He executes the administrative powers as defined under Rule- 2 (XV- a) of OGFR Vol. I | |
| He approves the draft prosecution report submitted by sub ordinate offices under his control against the erring employers under minimum wages act 1948 O.S. & C.E. act 1956 and P.W. act 1936. | |||
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Financial |
He executes the financial power as per Rule-2 (IX- a) of OGFR Vol.I and powers delegated under delegation of Financial powers Rules |
||
| Statutory | He acts as the Commissioner under W.C. Act within his area of jurisdiction | ||
| He acts as the controlling authority under P.G. Actwithin his area of jurisdiction | |||
| He also acts as the Authority under M.W. Act 1948 within his area of jurisdiction. | |||
| He also acts as the assessing officer under building & other construction workers welfare cess acts, 1996 | |||
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Duties
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He hears and decides the accidental claim cases |
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He hears and decides the P.G. cases filed by the workmen |
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He hears and decides the claim cases under M.W. Dept. Act filed before him within his area of jurisdiction |
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Sl. No. 3 Designation District Labour Officer Powers Administrative He discharges powers of Executive authority for the district under his jurisdiction. Besides he also executes administrative functions as defined under Rule-2 of OGFR Vol.I. Financial He executes financial powers as per Rule-2 (IX- a) of OGFR Vol.I and powers delegated under delegation of financial powers rules Statutory He acts as an authority under Equal Remuneration Act, 1976 within his area of jurisdiction He is the registering officer under C.L. (R&A) Act 1970,ISMW (RE&CS) Act 1979, B&CW Act, M.T.W. Act and O.S. & C.E. Act and B&OCW (R.E. & C.S.) act, 1966.He also acts as licensing officer under C.L. (R&A) Act & ISMW Act. MANUAL-3 Procedure Followed in Decision Making Process [Section-4 (1) (b) (iii)] MANUAL-4 Norms for Discharge of Functions [Section-4(1) (b) (iv)] Sl. No. Activity Time Frame/ Norm Remarks 1 2 3 4 1 Inspections and follow up legal actions 6 months from the date of inspections 2 Conciliations 2 month from the date of admission of the Conciliation 3 Diary of Letters 3 minutes per letter 4 Despatch of Letters 5 minutes per letter 5 Typing Job Work done as per availability 6 Complaints 3 months from receipt of the complaints MANUAL-5 Rules, Regulations, Instructions, Manuals and Records for Discharging Functions [Section-4 (1) (b) (v)] Sl. Name of the Act, Rules, Regulations etc. Details of Provision Reference No., if any Price in case of Priced Publications 1 2 3 4 5 1 The Industrial Disputes Act, 1947 This act provides investigation & settlement of industrial disputes through conciliation as well as adjudication 2 The Minimum Wages Act, 1948 This Act provides for fixing minimum rates of wages in Respect of employees employed under Scheduled Establishments notified by government. Therefore, 83 such schedule establishments have been notified by Government of Odisha at present. 3 The P.W. Act, 1936 This Act regulates the payment of wages to the employed persons. 4 The I.S.M.W. This Act regulates the employment of Inter State Migrant workman and provides for their conditions of work. 5 The Child Labour (P&R) Act, 1986 This Act prohibits the engagement of children in certain employments and to regulate conditions of work. 6 The Equal Remuneration This Act provides for the payment of equal remuneration to men and women workers and for prevention of discrimination on the ground of sex against women in matters of employment or for matters connected there with or incidental there to. 7 The Contract Labour (R&R) Act, 1970 The Act regulates the employment of contract labour in certain establishments and provides for its abolition in certain circumstances and for matters connected therewith 8 The Motor Transport Workers Act, 1961 This Act provides for Welfare of Motor Transport Workers and regulates the conditions of their work 9 The Payment of Bonus Act, 1965 This Act provides for payment of Bonus to the persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith 10 The Building & Other Construction Worker's (RE & CS) Act, 1996 This Act regulates the employment and conditions of services of Building & Other Construction Worker's and provides to their Safety health and other Welfare matters 11 The Building & Other Construction Workers Welfare Cess Act, 1996 This Act provides for levy and collection of Cess on the c cost of construction incurred by the employers with a view to augmenting the resources of Building and Other Construction Worker's Welfare Board constituted under the Building & Other Construction Worker's MANUAL-6 Categories of Documents under Control [Section-4 (1) (b) (vi)] Sl. No. Nature of Record Details of Information available Unit/ Section, where available Retention Period, where available 1 2 3 4 5 1 Allotment Register Salary & Non Salary Available 2 Cash Book Register Salary & Non Salary Available 3 Bill Register Salary & Non Salary Available 4 Advance Register Salary & Non Salary Available 5 Pay Acquaintance Register Salary & Non Salary Available 6 Contingent Register Salary & Non Salary Available 7 Assembly Reply Register Salary & Non Salary Available 8 Roaster Point Register Salary & Non Salary Available 9 Contract Labour Register Salary & Non Salary Available 10 Shops Register Salary & Non Salary Available 11 Commercial Establishment Salary & Non Salary Available 12 Prosecution Register Salary & Non Salary Available 13 Claim Case Register Salary & Non Salary Available 14 Failure Report Register Salary & Non Salary Available 15 Settlement Register Salary & Non Salary Available 16 Complaint Register Salary & Non Salary Available 17 Award Register Salary & Non Salary Available 19 Cash Received under RTI Act Register Salary & Non Salary Available 20 Stock & Store Register Salary & Non Salary Available 21 Issue/ Despatch Register Salary & Non Salary Available 22 Register for Building & Other Construction Workers (RE & CS) Act, 1996 Salary & Non Salary Available MANUAL-7 Particulars of Arrangement in Formulation of Policy [Section-4 (1) (b) (vii)] Sl. No. Name & Address of the Consultative Committees/ Bodies Constitution of the Committee/ Body Roles & Responsibility Frequency of Meetings 1 2 3 4 5 1 District Level Task Force on Child Labour As and when necessary MANUAL-8 Boards, Councils, Committees & Other Bodies Constituted [Section-4 (1) (b) (viii)] MANUAL-9 Directory of Officers and employees [Section-4(1) (b) (ix)] Sl. Name Designation Mobile No E-mail 1 2 3 4 5 1 Gitanjali Pati Joint Labour Commissioner, I/C 9439923759 - 2 Prasana Kumar Panigrahi District Labour Officer 9437643736 - 3 Purnima Duruka Rural Labour Inspector (Contractual) 9438345117 - 4 Susant Gouda Junior Clerk (Contractual) 7377973407 - 5 Adapa Hariprasad Welfare Administrator 8763933443 - 6 Bijayananda Panda Data Entry Operator 8895921966 - 7 Chandan Bharati Data Entry Operator 8895378345 - 8 Effroim Anish Sadhu Data Entry Operator 7978697108 - 9 Purna Naik Peon 9437866771 - 10 Rabi Minaka Choukidar 8093296796 - 11 Manoj Pattnaik Group-D 9337650720 - MANUAL-10 Monthly Remuneration & Compensation of Officers & Employees [Section-4 (1) (b) (x)] Sl. Name Designation Scale of Pay Gross Pay Net Pay The Procedure to Determine the Remuneration as Given in the Regulation. 1 2 3 4 5 6 7 1 Gitanjali Pati Joint Labour Commissioner, I/C - - - - 2 Prasana Kumar Panigrahi District Labour Officer - - - - 3 Purnima Duruka Rural Labour Inspector (Contractual) - - - - 4 Susant Gouda Junior Clerk (Contractual) - - - - 5 Adapa Hariprasad Welfare Administrator - - - - 6 Bijayananda Panda Data Entry Operator - - - - 7 Chandan Bharati Data Entry Operator - - - - 8 Effroim Anish Sadhu Data Entry Operator - - - - 9 Purna Naik Peon - - - - 10 Rabi Minaka Choukidar - - - - 11 Manoj Pattnaik Group-D - - - - MANUAL-11 The Budget Allocated to each Agency [Section-4(1) (b) (xi)] No such Developmental/ construction works are done in this Department. MANUAL-12 Manner of Execution of Subsidy Programmes [Section-4(1)(b) (xii)] MANUAL-13 Particulars of Recipients of Concessions, Permits or Authorizations Granted [Section-4(1) (b) (xiii)] MANUAL-14 Information Available in an Electronic Form [Section-4 (1) (b) (xiv)] MANUAL-15 Particulars of Facilities Available to Citizens for Obtaining Information [Section-4(1) (b) (xv)] Sl. No. Facility Available Nature of Information available Working Hours 1 2 3 4 1 Information Counter All files/ Registers of the Office 10.00 A.M to 1.30 P.M. & 2.00 P.M. to 5.00 P.M. 2 Notice Board Manual 1 to 17 applicable 10.00 A.M to 1.30 P.M. & 2.00 P.M. to 5.30 P.M. MANUAL-16 Names, Designations & Other Particulars of Public Information Officers [Section-4(1) (b) (xvi)] Public Information Officer (PIO): Sl. No. Name Designation Office Mobile Fax E-Mail 1 2 3 4 5 6 7 1 Prasana Kumar Panigrahi District Labour Officer - 9437643736 - First Appealae Authority(FAA): Sl. No. Name Designation Office Mobile Fax E-Mail 1 2 3 4 5 6 7 1 - 9439923759 - MANUAL-17 Other Useful Information [Section-4(1) (b) (xvii)]
(RE & CS) Act, 1979
Act, 1976
(RE & CS) Act, 1996
18
Applicatiohn received under RTI Act Register
Salary & Non Salary
Available
(in Rs.)
(in Rs.)
(in Rs.)
Ph. No.
No.
Ph. No.
No.
Gitanjali Pati
Joint Labour Commissioner, I/C