DISTRICT LABOUR OFFICE, KANDHAMAL

DISTRICT LABOUR OFFICE; KANDHAMAL, PHULBANI
STAFF IN POSITION

LABOUR ACTS:

Minimum Wages Act, 1948 (Agriculture): Target of inspection under M.W.Act, 1948 in Agriculture under 20-point programme for period from 1.4.08 to 31.03.11 

MINIMUM WAGES ACT, 1948 (OTHER THAN AGRICULTURE):

The Minimum Wages Act, 1948 provides for fixing minimum rates of wages in certain employments to secure the welfare of the workers in a competitive market by providing for minimum rate of wages in 83 Scheduled Employments. The object of the Act is to prevent exploitation of the workers and for this purpose it aims at fixation and revision of minimum wages, which the employers must pay. The Govt. of Orissa in Labour & Employment Department have revised the minimum rate of wages in 83 scheduled employments with effect from 13.07.2009 as follows Vide notification No.6272 dt.13.07.2009.

Action taken regarding enforcement of Minimum Wages Act is as follows:

The present status of minimum wages in the district is encouraging due to implementation of the MNREGS in the district and massive ongoing construction works.

PAYMENT OF WAGES ACT,1936

The Payment of Wages Act, 1936 is to regulate the payment of wages to certain class of persons employed in Industry and other establishments. It prevents delay in payment wages unreasonably imposing fines arbitrarily and making deduction from wages. This office has enforced the Act as follows through inspection, and while dealing complaints.

CONTRACT LABOUR (REGULATION & ABOLITION)ACT,1970

Contract Labour is one of the important segments of unorganised labour. They are mainly engaged in the Roads,, Buildings, Canal, Dams, Embankment, construction activities etc. It applies to the every establishment in which 20 or more workmen are employed on any day of the preceeding twelve months as contract labour. Every application for licence shall also be accompanied with a Treasury Chalan showing the deposit of Security money and fees at the rate as specified below and a principal employer certificate in form V.

A. Security money: Rs.100/- per contract labour to be deposited by the contractor. which is refundable at the time of surrender of the licence without interest.

B. Fees:

MIGRANT LABOUR:

The district of Kandhamal is well known for its forest resources. Tribals and Harijans mostly inhabit the District. They live on seasonal cultivation and minor forest produces. Their income is not sufficient for their family members. So the young persons of the family are forced to migrate in search of labour by instigation of local Dadan Agent through contractors. Most of the young persons are going other states on their sweet will for earning better livelihood with higher rate of wages to different developed states like Kerla, Tamilnadu, Karnataka and Gujarat.In few instances people go to other states through local agents of unknown contractors. The District Labour Office, Phulbani initiates necessary action on receipt of complaints of migration as per the provisions of the Inter State Migrant Workmen (Regulation of Employment & Conditions of Service Act, 1979. The Act applies when five or more persons are recruited and drafted to other states through contractors/agents.The main object of the Act is to regulate the recruitment of labourers from the State of Orissa to work outside the state and to regulate their conditions of service including the wages

ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956

The Orissa Shops & Commercial Establishment Act, 1956 regulates almost all matters connected with the condition of work and employment of employees in shops and commercial establishment in Phulbani Municipality and G.Udayagiri Notified Area Council. It applies to all shops, commercial establishment, hotel, cinema houses, petrol pumps, etc. situated in Phulbani and G.Udayagiri urban area where one or more persons are employed. This office enforce the Act as follows:

CHILD LABOUR (P&R) ACT,1986

An act to prohbit the engagement of children in certain employments and to regulate the condition of work of children in certain other employment. Child means a person who has not completed his 14 years of age. The Hon'ble Supreme Court of India, in their historical judgement on Child Labour Survey in writ petition (C) no. 465 of 1986 M.C. Mehta Vrs. State of Tamilnadu and other dated 10.12.96 has given certain directions for identification of Child Labour in both Hazardous and Non-Hazardous work and accordingly following action has been initiated in Kandhamal district.

On Child Labour Survey (Kandhamal District)

No Child Labour in Hazardous occupation has been identified in Kandhamal District during Child Labour Survey in the year 1997. There were 6482 child labourers detected identified during survey and 6440 number of child labourers have been detected as learners in non-formal education centres managed by Govt. and Non-Govt. organisation. They are working for 4 to 6 hours in a day and 2 hours education is being provided by NFE centres located in Kandhamal district. 

One prosecution has been filed against one employer for engaging child labour in a Hotel at G.Udayagiri in the court of Hon’ble J.M.F.C, G.Udayagiri in the year 2008.

INDUSTRIAL DISPUTE ACT, 1947

The Industrial Disputes Act. 1947 provides to protect the workmen from exploitation and whimisical directive of the employers. The Act applies to every business, trade, undertaking, services etc., which are considered as Industry. There is no industry in the district of Kandhamal. The industrial Relations situation in Kandhamal is by and large normal and peaceful.in non-hazardous occupation, out of which 42 number of child labourers have been identified during survey and 6440 number of child labourers have been detected as learners in non-formal education centres managed by Govt. and Non-Govt. organisation. They are working for 4 to 6 hours in a day and 2 hours education is being provided by NFE centres located in Kandhamal district. 

One prosecution has been filed against one employer for engaging child labour in a Hotel at G.Udayagiri in the court of Hon’ble J.M.F.C, G.Udayagiri in the year 2008.

INDUSTRIAL DISPUTE ACT, 1947.

The Industrial Disputes Act. 1947 provides to protect the workmen from exploitation and whimisical directive of the employers. The Act applies to every business, trade, undertaking, services etc., which are considered as Industry. There is no industry in the district of Kandhamal. The industrial Relations situation in Kandhamal is by and large normal and peaceful.

THE BUILDING AND OTHER CONSTRUCTION WORKERS
(Regulation of Employment and conditions of service) Act, 1996

This is an Act to regulate the employment, condition of service of Building and other construction workers and to provide for their safety, health, and welfare measures to them.This Act provides many welfare measures to the Building and other construction workers engaged in construction works, generation, transmission, and distribution of power, water works, electric lines, wireless, radio, Television, Telephone, telegraph dams, canals etc, Transmission power and such other works. For social security measures like death benefit, health benefit, Accident benefit education etc the building and other construction works have to register themselves in the Orissa building and other construction workers welfare Board, Bhubaneswar in the office of District Labour Officer and registering officer, Phulbani.

The application by the workers should accompany with the following documents.

 · Voter’s Identity card Xerox copy
 · Certificate of age
 · Bank passbook Xerox copy
 · Three Passport size Photographs
 · BPL card Xerox copy for the BPL holders.
 · Registration fees Rs.20/-
 · Annual contribution fees Rs.50/- (Yearly)

 Benefits to be given by the O.B & O.C.W Welfare Board 

 · Death benefit-

Rs.25, 000/- shall be paid on natural death of card holder after one year of registration on production of death certificate issued by Medical Officer.

Rs.50, 000/- shall be paid on Accident death during course of employment in a construction work.

·Funeral expenses assistance is also available.

Rs.25,000/- has been paid to Smt. Jayamati Kanhar widow of deceased beneficiary late Kabiraj 

Health 

·Benefit of maximum Rs.2000/- per annum shall be provided to the registered worker for measure diseases of Heart, kidney, Brain and Cancer after one year of registration. For Operation in these cases Rs.15000/- maximum may be sanctioned.

·Rs.200/- per day of Hospitalization due to accident for 05 days and Rs.20/- for the remaining days subject to a maximum Rs.1000/- may be sanctioned.

·If disability is resulted due to accident , the Board may sanction Rs.6000/- depending on the percentage of disability.

Pension

A registered Beneficiary who has been working as a building worker for not less than five years after registration on completion of 60 years of age , be eligible for pension as per the Rules.

Financial assistance for education of children of the Beneficiaries 

Stipend provision is available to the children of beneficiaries studying diploma and degree in engineering or Medical in the Government institutes as per the Rule.

BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996

This Act provides for levy and collection of a 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 (Bhubaneswar) constituted under the Building and Other Construction Workers (Regulation of Employment and conditions of service) Act, 1996

This office has collected an amount of Rs. 2, 48, 14, 692/- towards cess in Kandhamal district till 31.3.11

The working of the Building and Other Construction Workers (Regulation of Employment and conditions of service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 for the year 2010-11 is as follows:

INFORMATION ON IMPLEMENTATION OF THE BUILDING & OTHER CONSTRUCTION WORKERS (RE & CS) ACT, 1996, THE B&OCW WELFARE CESS ACT, 1996 FOR 2010-11:

1. No. of Inspections conducted- 189

2. No. of Violations Noticed- 181 

3. No. of Rectifications made.142

4. No. of Notices issued- 49 

5. No. of PRs submitted u/S.50- 5 

6. No. of PRs submitted u/S 46,47,48,49,etc.- 1 

7. No. of PRs disposed of- -----

8. No. of Establishment Registered u/S.7- 223

9. No. of workers for whom Regn. Certificate obtained- 4500

10. Amount of Registration fees Collected from Establishment- Rs.22,300/- 

11. No. of applications received from building & construction Workers for Regn- 1777

12. Amount of Regn. Fees collected from Beneficiaries- Rs.35, 540/- 

13. No of identity Cards issued- 1286 

14. Amount of Annual Contribution collected.- Rs. 89,350/-

15. No of Assessment notices issued for collection of CESS- 13

16. No. of Cases referred to Assessment Officers- 25 

17. Amount of Cess Collected- Rs. 1, 94, 97, 323/-

18. No.of Accidents reported- Nil

19. No.of Violations on Safety Provisions- Nil .

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