MANUAL-1 

Particulars of Organization, Functions & Duties

[Section-4 (1) (b) (i)]

1. Aims and objectives of the Organization:

The primary aim and objectives of the Office of the Divisional Labour Commissioner, Khurda:

(i) To maintain Industrial peace and harmony for boosting up production and productivity of the Industrial Organizations and to have a contended work force in Khurda district.
(ii) To protect the working class from any exploitation and harassment within the frame work of different labour laws.
(iii) Enforcement of different Labour Laws in both Organized and unorganized Sectors and to maintain harmonious employer-employee relationship in the industries.

2. Mission/ Vision:

The vision and mission of this office is to implement the different provisions of labour laws in the district of Khurda for safe guard of the working class people and quick redressal of their grievances.

3. Brief History and Background for its Establishment:

The office of the Divsional Labour Commissioner, Khurda is functioning separately at khurda District.

4. Duties of the Public Authority:

In order to look after the implementation of different provisions of various labour laws in the industrial establishments situated in the district of Khurda, 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 arose 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 read with the rules framed there under.

(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) Payment of Gratuity Act 1972
(xiv)  Odisha Industrial Establishment (National and festival Holidays Act 1969)
(xv)  Sales Promotion Employees (C&S) Act, 1976
(xvi) Trade Union Act, 1926
(xvii) Odisha Shops & Commercial Establishment Act 1956
(xviii) Building & Other Construction Workers (RE & CS) Act, 1996
(xviv) Workmen Compensation Act 1923
(xvv) Building & Other Construction Workers Welfare Cess Act, 1966
(xvi) Working Journalist & other News paper Employees (Condition of Service) Act 1955.

While implementing the provisions of labour laws, when any violation of provisions of Labour laws were detected by the officers/ Inspectors, normally prosecutions and claim cases before the Court of law as per the provisions of law.

5. Main Activities/ Functions of the public Authority:

Same as described above.

MANUAL-2 

Powers & Duties of Officers & Employees

[Section-4 (1) (b) (ii)]

  MANUAL-4 

Norms for Discharge of Functions

[Section-4 (1) (b) (iv)]

Procedure generally followed as per Norms and guidelines prescribed under the Odisha Record Manual, 1964.

MANUAL-5 

Rules, Regulations, Instructions, Manuals & Records for Discharging Functions

[Section-4 (1) (b) (v)]

Glimpses on Labour Enactments enforced by District Labour Machinery, Khurda.
1.  Minimum Wages Act 1948:-

(Read with M.W Rules 1950 & Odisha M.W Rules 1954)

     An Act to provide for fixing minimum rates of wages for the workers employed in certain employments (i.e. scheduled employments). The State Government is empowered to fix up minimum rates of wages for its workers as per Section 3 of the Act in adopting the due procedures and on recommendations of the minimum wages advisory board appointed by the Government for the said purpose.

     It is fixed both on (i) time rate basis and (ii) piece rate basis .At present there are 83 scheduled employments in which minimum rates of wages has been notified on time rate basis and 15 nos of scheduled employments in which minimum rates of wages has been fixed on piece rate basis .

     Where an employee whose minimum rate of wages is fixed under this Act works beyond his fixed working hour is entitled for overtime wages U/S 14 of the Act.

     Every employer shall have to maintain registers and records with the particulars of the employees under this Act. In case of non payment of minimum rates of wages to the employees claims U/S 20 of the Act can be filed by the inspector in the appropriate Court of Law against the erring employer for realisation of the differential wages. Likewise prosecution can be filled against the employer for violation of other provision of the Act.

     No Court less than the First class Judicial Magistrate can take cognizance of any offence under this Act.

2. Payment of Wages Act 1936:-

(Amendment procedures Act:2005 P.W rules-1937 Odisha P.W Rules-1936)

An Act to regulate the payment of wages to certain classes of persons employed in the industries .Every employers shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act for a definite wage period fixed U/S 4 of the Act and in a prescribed time of payment agreed upon both by the employer and the workmen U/S 5 of the Act and that should be paid in current coin or currency notes.

     Deduction and fines are allowed to be charged by the employer from the wages of the workmen U/S 7 & 8 of the Act for the damages, absence from duties or omissions made by the workmen.

     Every employer shall have to maintain registers and records with the particulars of payment made to the workman under this Act. In case of non payment of wages to the employees claims U/S 15 of the Act can be filed by the inspector in the appropriate Court of Law against the erring employer for realisation of the arrear wages. Likewise prosecution can be filled against the employer for violation of other provision of the Act.

     No Court less than the First class Judicial Magistrate can take cognizance of any offence under this Act.

3. Industrial Dispute Act l947:
(Odisha I D Rules 1959)

     An Act to make provision for the investigation and settlement of the industrial dispute and for certain other purposes in the interest of the workman employed in the industrial Sectors.

     "Industrial dispute" means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non employment or the terms of employment or with the conditions of the labour of any persons".

     Conciliation Officers:- The appropriate Government may by notification in the official gazette appoints such no of person as it thinks fit to be conciliation officers with the duty of mediating in and promoting the settlement of industrial dispute.

     On failure to settle the dispute the conciliation Officer can make reference of the dispute to the labour Court or to the Tribunal for its adjudication with definite terms of reference.

     Strikes, lock-outs, lay-off and retrenchment in industrial establishment are looked upon and cared U/S 22 and 25 of this Act.

4. Contract Labour (Regulation & Abolition) Act 1970 & Odisha Rules 1975:

     An Act to regulate the employment of Contract Labour in certain establishment and to provide for its abolition in certain circumstances and for matters connected there with.

     Contractor in relation to an establishment means a person who under takes to produce a given result for the establishment other than a mere supply of goods or articles or manufacture to such establishment, through Contract Labour or who supplies Contract Labour for any work of the establishment and includes a sub-contractor.

Principal employers mean the person or the body who executes the work under his funding and on whose behalf the work is carried out by the contractor.

     Every contractor employing 20 or more workmen in any day during preceding 12 months is required to obtain a license U/S 12 this Act so also the principal employer who engages a contractor with more than 20 workmen is required to be registered as a principal employer U/S 7 of the Act.

     Welfare and Health measures are required to be provided by the contractor to the contract labourer U/S 20 to 23 of the Act.

     No Court less than the First class Judicial Magistrate can take cognizance of any offence under this Act.        

5. Workmen's Compensation Act 1923:- Amended as Employees Compensation Act Read with W.C Rules 1924

     An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury or accident .The Act has been amended in the year 2009 and has been renamed as Employees Compensation Act.

     While the injury leading to disablement or death of a workman arose out of in the course of his employment or incidental to his employment is entitle to get compensation from the employer under this Act.

     The amount of compensation is calculated, taking account of the age factor of the injured or deceased workman prescribed under scheduled -IV of the Act and the wages payable to the workman at the time of his accidentally injury or death.

     The Commissioner for workmen's compensation appointed by the Government are appropriate authority to decide over the claim of compensation filed by the injured workman or the dependant of the deceased workman, whose appellate authority is High Court of Odisha.

6. Maternity Benefit Actl961:-Read with Odisha M.B Rules 1966.

     An Act to regulate the employment of women in certain establishment for certain periods before and after child birth and to provide for maternity benefit and other benefits.

     The Section 4 of the Act prohibits employment of women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage or still burn child.

     The rate of maternity benefit is link with the average daily wages of the employed women and one hundred sixty days work in an establishment is required for entitlement of maternity benefit. Many other facilities have been prescribed under the Act for the women worker on entitlement of maternity benefit.

     The inspectors appointed under the Act by the Government are required to implement the provisions of the Act and file prosecution for violation thereof.

7. Odisha Shops & Commercial Establishment Act l956:-Read with Odisha O.S&C.E Rules 1958.

     An Act to regulate the conditions of work and employment in shops and commercials establishment in the State of Odisha.

     Shop means a shop floor and commercial establishment means a commercial or trading or banking establishment in which the persons employed are mainly engaged in official works or service providing business to earned profit.

     Every shop and commercial establishment is required to be register under Section 4 of that with the licensing officer.

     Daily and weekly hours of work interval for rest, spread over, opening and closing hours and weekly holidays have been regulated and prescribed for the workmen employed in such establishment.                                                                                        .             

     The inspector appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

8. Odisha Industrial Establishment (National & Festival)Holidays Act 1969 :-Read with O.I.E(N&F) H Rules 1972.

     An act to provide for the grant of National and Festival Holidays to persons employed in industrial establishment in the State of Odisha.

     Every employee shall be allowed in each calendar year to avail the holidays on National and Festival Holidays as per Section 3 of the Act for which the wages is payable by the employer.

     Every employer shall display in the premise of the industrial establishment a statement showing the holidays allowed in each calendar year U/S 3 of the Act.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

9. Beedi & Cigar Workers (Conditions of Employment) Act 1966:-Read with Odisha B&CW(C&E) Rules 1969

     An Act to provide for the welfare of the workers in Beedi and Cigar establishments and to regulate the conditions of their works and for matter connected there with.

     Every industrial premise employing Beedi & Cigar workers required to be licensed U/S 3 of the Act by making an application in the prescribed format mentioning the maximum nos of employees purposed to be employed in the industrial premises accompanied with plan of the premises.

     Numbers of welfare benefits are extended through welfare and cess commissioner Government of India to the Beedi & Cigar workers through the identity cards of the Beedi & Cigar workers. The same has to be given by the welfare cess commissioner through local medical unit on recommendation of the DLTF for Beedi & Cigar workers.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

10. Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979:- and Odisha Rules 1980.

     An Act to regulate the employment of Inter State migrant workmen and to provide for their conditions of service and for the matters connected there with.

     Under this Act Contractor in relation to an establishment means a person who undertakes (whether as independent contractor, agent, employee or otherwise) to produce a given result for the establishment by the employment of workmen or to supply workmen to the establishment and includes a sub contractor, khatadar, sardar, agent or any other person by whatever name called who recruits or employees workmen.

     Inter State Migrant workmen means any person who is recruited by or through a contractor in one state under an agreement or oilier arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employers in relation to such establishment.

     Any contractor recruiting more than 5 workmen from one State to engage them in another State in the establishment of the principal employer is required to obtain a license under the Act. Displacement allowances and journey allowance are required to be paid by the contractor along with payment of wages.

     The inspector appointed under the Act are required to file prosecution for violation of the provision of the Act by the contractor .For non-payments of wages to the migrant workmen claim cases can  be filed under the P.W Act.

11. Equal Remuneration Act 1976:-State Rules 1976.

     An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against, women in the matter of employment and for matters connected there with or incidental thereto .

     No employers shall pay to any workers, employed by him in an establishment or employment, remuneration whether payable in cash or in kind at rates less favourable than those at which the remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.

     No employers shall for the purpose of complying with the provision of this Act reduce the rate of remuneration of any worker.

     No discrimination to be made while recruiting men and women workers for same and similar nature of work.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

12. Child Labour (Prohibition & Regulation) Act 1986:-State Rules 1989.

     An Act to prohibit the engagement of children below 14 years in certain employments and to regulate the conditions of work of children in certain other employments.

     Although as many as 15 nos of labour enactments prohibits the employments of children below 15 years, the most promising and effective stringent legislation has been brought out in the year 1986 in consonance with the Article 24 and 40 of the constitution of India i.e child labour (Prohibition & Regulation) Act 1986.The said Act prohibits employment of children below 14 years in 17 occupations and 65 process as on date.

     The District Level Task Force on child labour is monitoring the legislative action plan through enforcement of the Act and project based welfare plan through NCLP special schools and ILO-IPEC-Convergence Child Labour Projects to prohibit and rehabilitate the child labourers withdrawn from hazardous occupations in the District.                                              

     The inspector appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

13. Payment of Gratuity Act 1972:-State Rules 1974.

     An Act to provide for a scheme for the payment of gratuity to employees engaged in factories , mines , oil fields , plantation ,ports railways companies ,shops and other establishments and for matters connected there with or incidental thereto .

     The controlling authority appointed by the Government is the appropriate authority to hear and decide over the claim of gratuity made by an employee.

     Gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years on his superannuation or on his retirement or resignation or on his death or disablement due to accident or disease.

     The amount of gratuity payable to an employee is @15 days wages on the rate of wages last drawn by the employee concern multiplied into completed years of service. Which is limited to 3, 50,000 only.                                                                               

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

14. Payment of Bonus Act 1965:-State Rules 1965.

     An Act to provide for the payment of bonus to persons employed in certain establishment and for matters connected there with .This Act shall apply to every factory and any other establishment in which 10 or more persons are employed on any day during an accounting year.

     Every employee shall be entitled to be paid by his employer in an accounting year, bonus in accordance with the provision of this Act ,provided that he has worked in the establishment for not less than 30 working days in that year The minimum bonus shall be 8.33% and should not be less than 100 rupees.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

15. Trade Union Act 1926 & Amendment Act 2001:-

     Read with Regulations 1938 & Verification of Membership & Recognisation of Trade Union through Secret Ballot Rules 1994.

     An Act to provide for the registration of the trade unions and in certain respect to define the law relating to the register trade unions. The Act was amended in the year 2001 to make some changes.

     Trade union means any combination whether temporary or permanent formed primarily for the purpose of regulating the relations between workmen and employers or between workman and workman or between employers and employers or for imposing restrictive conditions on the conduct of any trade or business and includes any federation of two or more trade unions.

     Every trade union requires being register with the registrar of trade unions in accordance with & provisions of trade union Act 1026 and regulations mode thereof.

     Section 10 of the Act prescribed the mode and the manner of the cancelation of registration of the trade union by the registrar.

     For the reorganisation of a trade union in an industry secret ballot is conducted as per the verification of membership and recognisation of trade unions through secret ballot Rules 1994.

16. Industrial Employment (Standing Order) Act 1946:-

      An Act to require employers in industrial establishment formally to define the conditions of employment under them. It applies to the industrial establishments where in 100 or more workmen are employed on any day of the preceding 12 months.

     The certifying Officer appointed by the Government is the appropriate authority to hear and certify the draft standing order submitted by the employer. Every industrial establishment is required to submit draft standing order within 6 months from the date on which this Act becomes applicable to it.

17. Working Journalist & Other News paper Employees (Conditions of Service ) Act 1955:-

Read with Rules.

     An Act to regulate certain conditions of service of working journalist and other persons employed in News paper establishments.

     The Act protects and regulates the service conditions of the Journalists nnd Non journalists working in News paper establishments.

     Time to time different wage boards have been formed by the Government of India to regulate the wage structure of the working Journalists and non journalists and the recommendations of the wage boards have been implemented by the inspectors under the Act.

18. Sales Promotion Employees (Conditions of Service) Actl976:-Read with Rules.

     An Act to regulate certain conditions of service of sales promotion employees in certain establishment.

     The Act protects the conditions of service of the sales promotion employees employed in different establishments such as pharmaceutical industry and in any other notified industry.

     Leave, issue of appointment letter for sales promotion employees are regulated under the Act.

     Every employer shall have to maintain records and registers under the Act.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

19. Building and Other Construction Workers (Regulation of Employment & Conditions of Service) Act 1996:-

Read with Odisha Rules 2008.

     An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety , health and welfare measures and for other matters connected there with and incidental there to.

     It applies to every establishment which employs or had employed on any day of the preceding 12 months 10 or more building workers in any building or other construction works

     Every construction establishment employing more than 10 workmen is required to be registered under Section 7 of the Act.

     Every workman is entitled to be registered as a beneficiary as building and other construction worker under the Act on certification by the employer / trade union and on deposit of required fees before the registering authority-cum-DLO.

Many benefits are extended to the registered building construction workers by the Odisha Building and other Construction workers welfare board under the welfare measures.

20. Building and Other Construction Workers Welfare Cess Act 1996:-Read with Odisha Rules 2008.

     The Act provide for the levy and collection of cess on the cost of construction incurred by employers with a view to augmenting the resources of the building and other construction workers welfare board which has been constituted under the B&OCW (RE&CS) ordinance Act 1995 .

     As notified by the cess Rules 2008 1% cess shall be collected on the total project cost of t building   and   other  construction   carried   out   by     Government  ,   public   sector  under  taking autonomous bodies ,corporations ,boards etc .And   in case of private construction cess of 1% shah be collected over and above the project cost of Rs,10,0000/-excluding    the land cost and the compensation payable towards the accidental death and injury of the workman.

21.  Motor Transport Workers Act 1961:-

An Act to provide for the welfare of motor transport workers and to regulate the conditions of ; their work.

     It applies to every motor transport under taking employing one or more motor transport workers.

     Motor   transport   under   taking   means   a   motor   transport   engaged   in   carrying passengers or goods or both by road for hire or reward and includes private carriers.

     Every employer of a motor transport under taking required to be registered U/S 3 of the Act and maintain statutory records and register thereof.

     Many welfare measures have been prescribed to be extended to the motor transport workers by the employer under the Act.

     The inspectors appointed under the Act are required to file prosecution for violation of the provision of the Act by the employer.

22. Cine Workers and Cinema Theatre Workers(Regulation of Employment) Act 1981:-(Read with Rules and co acted with Cine Workers Welfare Cess Act 1984)

     The Act gives protection to the Employees employed in Cinema, Theatre which is licensed under part -3 of the Cinematograph Act 1952.

     Cine Worker means an individual who is employed directly or through any contractor or other person in or in connection with the production of a feature film to work as an artiste (including Actor, Musician or Dancer) or to do any work skilled , unskilled , manual supervisory , technical, artistic or otherwise.

     Employment of Cine Workers without agreement is prohibited U/S 3 of the Act.

     Any dispute of the Cine Workers required to be referred to the tribunal on report of the conciliation Officer.

    Violation of Section 3 of the Act warrants penalty U/S 17 of the Act with fine of Rs 10,000/-and can be extended to Rs ,50,000/-

     No Court shall take cognizance of any offence under the Act except on a complaint made by or with the permission in writing of the Central Government or an Officer empowered by it in this behalf and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First class shall try an offence punishable under this Act.

MANUAL-6 

Categories of Documents Under Control

[Section-4 (1) (b) (vi)]

MANUAL-7 

Particulars of Arrangement in Formulation of Policy

[Section-4 (1) (b) (vii)]

We are following the practices as per the instruction of Government in labour & Employment Department, Labour Commissioner Odisha, Bhubaneswar, Joint Labour Commissioner, Bhubaneswar and Collector, Khurda from time to time.

MANUAL -10 

Monthly Remuneration & Compensation of Officers & Employees

[Section-4 (1) (b) (x)]

MANUAL-11 

Budget Allocated to each Agency

[Section-4 (1) (b) (xi)]

No such Developmental/ construction works are done in this Department.

MANUAL-15 

Particulars of Facilities Available to Citizens for Obtaining Information

[Section-4 (1) (b) (xv)]

MANUAL-16 

Names, Designations & Other Particulars of the Public Information Officers

[Section-4 (1) (b) (xvi)]

Public Information Officer (PIO):

First Appellate Authority (FAA):

Other Useful Information

[Section-4 (1) (b) (xvii)] 

• Seeking information from the Office: Any citizen can seek information from the office as per the provisions of RTI Act, 2005 and Odisha RTI Rules.
• Other information on the functioning and services of public authority are also available with the office.