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LABOUR AND EMPLOYMENT

 

Departments Under Labour and Employment are :

 

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Background

          The office of the District Labour Officer, Keonjhar was established in the year 1960. In the month of July, 1960 the office started functioning in departmental building borne in the book of P.W.D. The office is situated at Park Line (Bhalukipatala) Keonjhar Town.

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Objective

          The objective of the District Labor Office is to protect and safe guard the interest of working class engaged in industries sectors different establishment of unorganized situated in and around the district by way of enforcing different labour laws as indicated below and maintaining industrial peace and harmony and promoting ways and means for better industrial relations between the management of industries and their workmen. It also deal with payment of minimum wages, payment of wages in time provision for leave facilities such as weekly holidays, National and Festival holidays, Maternity leave, sick leave, Earned leave, wages for overtime work, provision of service condition of the workmen employed on industrial establishments, provision for gratuity, compensation arising in course of and act of employment, retrenchment and termination benefit etc. It also enquired in to the complaint of less payment, non-payment of wages and investigates in to8 the case of termination of service of workmen industrial disputes between the management and their workmen. Precisely, this office has been set up in the district to safe guard the interest of working class and to achieve their minimum need of life provide under different statue it also administers and implements different labour legislation as many as 24 different labour laws so as to up keep the interest of the labour but as found only the following labour laws are practically coming in to use for this district is concerned.

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Industrial Dispute Act,1947 (14 of 1947)

          The main aim and objective of the Act is to make provision for the investigation and settlement of industrial dispute between the employs and its workmen and secure industrial peace through voluntary negotiation and compulsory adjudication. It lays down the procedure for settling disputes between employees and workmen. It deals with the prevention and completion of conflict between the parties to production setting up forum for workers participation in management and thereby to improve good relationship between them. Thus, the purpose of the Act is to harmonize the relation between the employer and workmen and to settle the dispute through negotiation or adjudication to avoid labour unrest and to improve the production and productivity in long term basis with an ultimate aim of improving the national economy as a whole.

          Under the Act, Government  in Labour and Employment Department have appointed officers of labour Department by notification as "Conciliation Officer" to investigate into industrial dispute and to take possible measure to induce to disputant parties to come to a fair and amicable settlement of the dispute. Holding of conciliation by the conciliation officer incase of public utility service with strike notice is mandatory, whereas in the case of other industries the power is discretionary. The conciliation officer has been delegated with the power of a civil court in respect of attendance of a partied witnesses and production of records. In course of conciliation proceeding engagement of lawyer by either of the parties to the dispute has been restricted under the Act. However, a person or persons can be authorized to represent a workman or a group of workmen of any employer in any proceeding under the Act duly authorized by the workmen or employer in form-G (copy enclosed). In case of non-settlement of the industrial dispute between the parties the conciliation officer is required to send the report to the Government  in labour and employment Department   High lighting the steps taken by him for ascertaining the facts and circumstances relating to the disputes and for bringing about a settlement thereof and the reasons for failure along with the merit of the dispute. On consideration of the failure report the appropriate Government  if satisfied refer the dispute to the authority i.e. Labour Court or Industrial Tribunal constituted under the Act and the award or order of the Labour Court or Industrial Tribunal shall be final. In case of non-implementation of award or order, the District Labour Office is declared as ‘Authorized Officer’ to file prosecution against the defaulting employer.

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Prohibition Of Strike And Lock Out

Strike:- Section 22 of the Act prescribes provision that no person employed in a ‘Public Utility Service’ shall go on strike in breach of contract:

  1. Without giving strike notice within 6 weeks before striking.
  2. Within 14 days of giving such strike notice.
  3. Before the expiry of the date of strike specified in the strike notice.
  4. During the pendency of the conciliation proceedings before a conciliation officer and 7 days after the conclusion of such proceeding.

Lock Out

No employer of a ‘public utility service’ shall lock-out any of his workman. Without giving them notice of lock out within 6 weeks before locking out.

  1. Within 14 days of giving such lock out notice.
  2. Before the expiry of he date of lock out specified in any lockout notice.
  3. During pendency of any conciliation proceeding before a conciliation officer and 7 days after the conclusion of such proceeding.

In case of other industrial establishments no workmen shall go on strike in breach of contract and no employer of any workman shall declare a lock-out (Sec.23).

  1. During the pendency of conciliation proceeding before a Board and7 days after the conciliation of he such proceedings.
  2. During pendency of the proceeding before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings.
  3. During any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award.

NOTICE OF STRIKE:

The notice of strike to be given by the workman in a public utility service shall be in Form-P (Copy enclosed).

NOTICE OF LOCK-OUT:

The notice of lock-out to be given by an employer of a (public utility service shall be in Form-Q (Copy enclosed).

REPORT OF LOCK OUT/STRIKE:

          Re-port of lock out or strike in a public utility service to be submitted by the employer in Form-R (copy enclosed) by registered post to the conciliation officer of the local area with copy to 1) Labour Commissioner, Orissa. 2) Secretary, Labour and Employment Department, Orissa, 3) Administrative Department  Of the concerned Department  Of the State Govt., 44) Collector & District Magistrate of the area.

ILLEGAL STRIKE AND LOCK OUT(Sec.24)

1) A strike or lock out shall be treated as illegal if it is commenced or declared in contravention of section 22 or Sec.23 or (ii) It is continued in contravention of an order made under section 10(3) or sub-section (4-A) of section 10-A.

2) Where a strike or lock out in pursuance of an industrial dispute has already commenced and is in existence at the time of reference of the dispute, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencements in contravention of the provisions of this Act or the continuance thereof was not prohibited under section 10(3) of sub-section (4-A) of section 10-A.

3) A lock-out declared in consequence of any illegal strike or strike declared in consequence of an illegal lock out shall not be deemed to be illegal.

Section-33(2) of the Act prescribes provision for computation or money or any benefit which is capable of being computed in terms of money, the workman is entitled to receive from the employer by the labour court. The workman can prefer application before the Labour Court for computation in Form T-3 (copy enclosed).

PENAL PROVISIONS.

1) Any employer who effects lay off and retrenchment of the workmen without prior permission shall be punishable with imprisonment for a term which extend to one month or with fine which may extend to Rs.1000/- or with both.

2) Any employer who declares closure without complying the provisions of the I.D.Act shall be punishable with imprisonment for a term extending six month or with fine which may extend to Rs.5000/- or with both.

3) Any person who commits unfair labour practice shall be punishable with imprisonment which may extend to six month or fine extending to Rs.1000/- or with both.

4) Any workman who adopts any illegal strike and any employer who commencing illegal lock out punishment of imprisonment for a term which may extend to one month or with fine which may extend to Rs.1000/- or with both.

5) Any person who commits breach of any term of any settlement of award shall be punishable to the imprisonment for a term which may extend to six month or with fine or with both and where is the breach is continuing one with a further fine which may extend to Rs.200/- for every day during which the breach continuous after the conviction for the first.

6) Any employer who closes down any undertaking without complying provision of I.D. Act shall be punishable with imprisonment extending to six months or with fine extending to Rs.5000/- or with both.

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Child Labour (Prohibition And Rehabilitation) Act,1986.

1.The aim of the Act is to prohibit the engagement of child labour in hazardous occupation/ process and to regulate the condition of work of children in certain other employments which are non hazardous nature.

(a) Hazardous occupation.

Part: A (Occupation)

No.1. Transport of passengers, goods or mails by railways.

No.2. Cinder picking, clearing of an ash pit or building operation in the railway premises.

No.3. Work in a catering establishment at a railway station involving the movement of a vender or any other employees or establishment from one platform to another or in to or out of a moving train.

No.4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines ; and

No.5. a port authority within the limits of any port

No.6. Work relating to selling of crackers and fire works in shops with temporary licenses.

No.7. Abattoirs/ slaughter houses.

No.8. Automobile workshop and garage.

No.9. Foundaries.

No.10. Handling of toxic or inflamable substances or explosives.

No.11. Handloom and powerloom industry.

No.12. Mines (under ground and under water) and collieries.

No.13. Plastic units and fiberglass work shop.

PART-B. PROCESSES.

1) Beedi making.

2) Carpet weaving including preparatory and identical process thereof.

3) Maintenance of registers.

The rules also prescribes registers in Form-A to be maintained by occupier (copy enclosed). The Act also makes rules for the health and safety of the children permitted to work in any establishments or class of establishments in the following matters.

Penalties.

1) Any occupier who employ a child about in contravention of section-3 (part-II dealing with prohibition of employment of children)shall be punishable with imprisonment for a term which shall not be less than 3 months but which may extent to one year or with fine which shall not be less than Rs.10,000/- but which may extent to Rs.20,000/- or with both.

2) An employer having been convicted of an offence under section-3 commits like offence he shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extent to 2 years.

3) Any employer/ occupier who fails to give notice, maintained register, display notice and fails to comply with any other provisions of the Act as required under section-9,11,3 and 12 of the Act respectively shall be punishable with imprisonment which may extent to one month or with fine which may extent to Rs.10,000/- or with both.

4)(i) Any person, police officer, or Inspector may filed a complaint of the commission of an offence under this Act in any court of competent jurisdiction.

(ii) The Medical Certificate as to the age of Child granted by the prescribed by the Medical authority shall for purpose of this act be conclusive evidence.

3) Cement manufacture, including bagging of cement.

4) Cloth printing dyeing and weaving including process preparatory and incidental thereto.

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(c) The Child labour (P&R) is Rules,1994 also provides the following areas as dangerous operation where employment of child labour shall be prohibited.

(a) Dangerous machines.

(Forms will be provided when desired)

d."Child" means a person who has not completed his/her fourteenth year of age.

          A child labour can be employed in an establishments or a class of establishments which is not enlisted to the list of hazardous occupation/ process/ operations under the following conditions.

          A child labour shall be permitted to work in such a manner, the period of work of the child labour on each day shall not exceed three hours before his interval for rest for at least one hour (2) The period of work of a child including his interval for rest shall not be spared over than six hours including the time spent in waiting for work on any days (3) A child shall not be permitted to work over time and to work between 7p.m. to 8 p.m. (4) No child shall be permitted to work any establishment on any day on which he has already been working in another establishments. (5) every child employed in an establishment shall be allowed weekly holiday of whole one day of each week.

An employer employing child labour in an establishment of non-hazardous nature is required within 30 days of employment of a child labour is to send to the Inspector a written notice containing.

(a) Name and situation of establishment.
(b) The name of the person in actual management of the establishment.
(c) The communications addresses of the establishment.
(d) The nature of the occupation or process carried on the establishment.

          An a dispute as to age of any child if arises between the occupier (employer) and Inspector a certificate as to the age of the child labour shall be prescribed by the Medical authority after reference by the Inspector for decision to prescribed Medical Authority.

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Trade Union Act’ 1926 (16 of 1926)

          "Trade unions" means any combination, whether temporary or permanent formed primary for the purpose of regulating the relations between workmen and employers or between workmen and workman and or between employers and employers or for imposing restrictive condition of conduct any trade or business and includes and federation two or more trade union registered under the Act. Registered Trade union means a trade union registered under the Act. The appropriate Government  shall appoint Registrar of Trade Unions, Additional and Deputy Registrar of Trade Unions. Deputy Labour Commissioner, Rourkela is the Deputy Registrar of trade unions in respect of the revenue area of Keonjhar and Sundargarh District. Therefore, all trade unions operating in the Industries and factories in Keonjhar district shall have to apply for registration of Trade Union to the Deputy Labour Commissioner-cum-Deputy registrar of Trade Unions of rourkela.

          Any seven or more members of a Trade Union may by subscribing their names to the Rules of Trade unions and by other wise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

  • Every application for registration of Trade Union shall be made to the Registrar or Deputy Registrar as the case may be shall be accompanied by copy of the rules of Trade Union and the statement of the following particulars (a) The names occupations and address of the member making the application, (b) The name of the trade union and the address of its head office,(c) The titles, names, ages, addresses and occupations of the office bearers of the Trade Union.
  • Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the registrar together with the application a general statements of assets and liabilities of the Trade Union prepared in Form ‘E’ (copy enclosed) and containing such particulars as may be prescribed.

          Application for registration of Trade Union shall be made in Form-A (copy enclosed) Register of membership and subscription in form-F to be maintained by the trade union. (copy enclosed). Prescribed application to the registrar of Unions for registration of Trade Union by Secretary of Trade Union (Copy enclosed).

          Fees for registration of Trade Union is Rs.50/- to be deposited through Treasury challan under the Head of account "0230-Labour & Employment-101-Receipt under Labour Law-102-Fees for Registration of trade Union."

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Contract Labour (R&A) Act’1970

          This legislation intends to regulate the condition of service of the contract labour in some cases and abolish the system of contract labour in certain cases. The Act is applicable to every establishment in which 20 or more workmen are or were employed on any day of the preceding 12 months as contract labour.

          Principal Employer under the Act as per section-7 is required to obtain a registration where as a contractor as per section-12 of the Act is debarred to undertake any work through engagement contract labour except and in accordance with the contract labour license issued in that behalf. Besides provision for issue of Employment Card and service certificate and maintenance of Muster Roll, Wage Register, Overtime register and deduction register (prescribed forms for license and Registration enclosed).

          The principal employer has to submit Annual Return 1st January to 31st December by the end of 15th February every year whereas the contractor has to submit Half-yearly return twice during a year i.e. 30th June and 31st December within 30 days from the date of completion of the half year (copy of annual report and half yearly return enclosed). The District Labour Officer, Keonjhar has been declared as Licensing and Registering Officer under the Act for the district of Keonjhar and all the applications and all reports and returns under the Act shall be submitted to the District Labour Officer, Keonjhar.

          The principal employer is also responsible to ensure payment of unpaid wages delayed wages and less wages to the contract labourers engaged by any contractor under him and recovery the said amount from the bill of the contractor concerned. The wages include the balance of wages or arrears wages due to the contract labour.

          The Act also aims to observe welfare and health and to regulate the working hours of the contract labourers. Provisions of canteen, rest room, First-Aid facilities has been provided under the Act for the contract labourers.

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Minimum Wages Act’1948

          This Act is applicable to all the 82 schedule employments (copy enclosed). The aim and object of the Act is to secure the welfare of the workers by providing for a minimum rate of wages in the scheduled employments and to prevent exploitation of the workers and for this purpose the Act aims at fixation of minimum rates of wages which the employer must pay.

          Government  in Labour and Employment Department have revised the minimum rate of wages w.e.f. 1.5.99 at Rs.40/-, Rs.48/-, Rs.56/- and Rs.64/- in respect of un-skilled, semi-skilled and high-skilled category of employees respectively payable to the employees employed on schedule employments by the employers.

          The Act and Orissa minimum wages Rules prescribe provision for maintenance of register by the employers such as: 1) Muster roll, 2) Wage Register, 3) Deduction register, 4) Leave register including issue of wages slips to the employees and display of abstract of the provisions of the Act and Rules by the employer. Besides every employer of a schedule Employment shall have to submit on or before 15th February for the period ending 31st December. Under Rules-21(4) in duplicate to the Inspector under the Act in Form No.III (copy enclosed).

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The Payment Of Wages Act’1936

          This Act is applicable to the persons employed in industrial establishment/Factories. The provisions of the Act is also applicable to all the schedule employments. An employee whose monthly wages more than Rs.1600/- is barred from invoking the provisions of the Act-

The objective of the Act is to ensure:

  1. Payment of wages.
  2. Payment of working day.
  3. Payment in legal tends.
  4. Prevention of arbitrary deduction.
  5. Restriction of employers right to impose fines and providing remedy to the workers.

          It casts responsibility upon the employer for payment of wages in time to the workers, not to make un-authorized deduction, to maintain a register with personnel responsible for payment of wages showing particulars about persons employed, the work performed by them and fines imposed and realization made to display an abstract of the Act and Orissa Payment of wages Rules and to maintain:

  1. Payment Register.
  2. Register of fine in form No.1
  3. Register of deduction for damage or loss form No.II
  4. Register of advance in form No.III

          The act also provides provision for ensuring into the aspect of non-payment and delay in payment of wages to the workers by their employers. The District Labour Officer, Asst. Labour Officer, Rural Labour Inspectors posted in the district are declared under the Act to enquire into such complaints made by the workers. There is no prescribed form under the Act to file complaint petition before thel abour machinery. Simple complaint applications without any court fees are received from worker enquiry of the complaints.

          In case of non-settlement of the complaint by the employer, claim case for recovery of the un-paid wages can be filed before the Authority under the P.W.Act by the Inspector and or by the aggrieved worker directly. Similarly persons drawing more than wages of Rs.1600/- can also file application for computation and payment of fees arrears wages under section-33 C(2) of the I.D. Act’1947 before the labour Court and any other Court constituted. Under the provisions of I.D.Act’1947. Prescribed form of application by persons to be filed before the Authority under the Act is enclosed.

          Addl. District Magistrate, Keonjhar for Keonjhar district, S.D.J.Ms posted in all the Sub-division of Keonjhar district have been declared as Authority under the act to entertain claim application for a direction in respect of the area of their jurisdiction.

          All the employees required to submit annual return in Form-IV at the end of the each year i.e. 31st December by 15th February succeeding year to the Labour Commissioner as well as chief Inspector of Factories (copy enclosed).

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O.S. & C.E. Act’1956.

          This Act is applicable to all the shops and commercial establishments situated in Municipality and N.A.C. areas. It is a state law its aims at regulating the conditions of works and employment of employees engaged in those establishments. The employers of all shops and commercial establishment engaging labourers in their establishments are required to apply for and obtain a registration under section-4 of the Act and also apply for renewal of the said registration certificate by 31st October each year as required under rule-4 of O.S. & C.E.Rules’1956. Similarly all such employers are required to submit an annual return under the Act in form-13 so as to reach to the Inspector on or before 31st day of January succeeding year.

No.of workers employed. Fees for registration of renewal Of registration.

1 to 9 Rs.15.00
10 to 19 Rs.30.00
20 to more. Rs.60.00

          The Inspector under the Act are District Labour Officer and Asst. Labour Officers in respect of the area of their jurisdiction. All the employers are required to maintain following register and records furnish returns in the following form (copy enclosed).

Application for registration of renewal of registration in form-I under O.S. & C.E. Rules.
Notice of change in the establishment in form-4.
Notice of daily hours employees in form-5.
Notice of National & Festival Holidays in form-7.
Daily record of works and order relating to compulsory leave and deduction from wages form-8.
Service and leave account form-9.
Register of payment form-10.
Register showing date of laying washing form-11.
Overtime Muster Roll form-12
Provision of minimum wages Act, Payment of Wages Act are applicable to all
shops and commercial Establishment Act.

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The Equal Remuneration Act’1976.

          This act provides provision for 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 their with or indential their to. The Act prescribes duty of employer to pay equal remuneration to men and women workers for some and similar nature of work. Equal remuneration Rules’1976 prescribes provision for maintenance of registers by the employer in form-D (copy enclosed). District Labour Officer, Asst. Labour Officer and Rural Labour Inspector have been declared Inspector under the act in respect their areas of jurisdiction. Similarly District Labour Officer, Keonjhar has been appointed as authority under the Act for Keonjhar district and decide claims arising out of non-payment of wages at equal rates to men and women workers for the some work or work of a similar nature prescribed forms i.e. A.B.C. are enclosed: penal provision for non-maintenance of registers and records and giving false and no information are punishment of simple imprisonment which may extend to one month or with fine which may extend Rs.10,000/- or with both and

          For not giving equal wages both men and women workers or discrimination or matters recruitment and in not following provisions of Act and Rules and not carrying out instruction of appropriate Government  punishment of fine which shall not be less than Rs.10,000/- but which may extend to Rs.20,000/- or with imprisonment which shall not be less than 3 months but may extend to one year or with both the first offence and with imprisonment which may extend to 2 years for second and subsequent of offences.

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Inter State Migrant Workmen (Regulation Of Employment And Condition Of Service) Act’1979.

          In the State of Orissa Migrant workmen is non-as Dadan Labour. The system of employment of Dadan Labour is an exploitive system. Dadan labour is recruited from different parts of the Orissa State through contractors or agent who or defined in the Act as Sardars/ Khaladas. The recruits Dadan Labour for work out side the state in large construction projects.The sardars do not keep their promise what they commit to to the dadan labour at the time of recruitment. Once the workers came of the clutches of the contractors, he take him to a far-off place on payment of railway fare only. No working hours are fixed for these workers. The workers work on all the days in a week under externally bad working condition. Ultimately the workers are subjected various malpractices due to non-observance of provisions of other different labour laws. This Act has been en-acted for culmination of the abuses prevalent the Dadan Labour system.

          This Act is applicable to every establishment in which five or more Inter state migrant workmen are employed or were employed on any day preceding 12 months. The employer is requested to register its establishment who proposes to the migrant workmen similarly a contractors who proposes to recruit and enplay inter state migrant workmen is required to obtain a license from specified authority i.e. District Labour Officer-cum-Registering and Licensing Officer, Keonjhar for the District of Keonjhar.

The following registers and records are to be maintained by the contractor.

Muster Roll (Form-XVII)
Register of Wages (Form-XVIII)
Register of deduction (Form-XIX)
Register of fine. (From-XX)
Register of overtime (From-XXII)
Register of advarles (Form-XXI)
Similarly the contractor will apply for license in form-IV and
Form-VI and the principal employer will apply for registration of the establishment employing migrant

          workmen in Form-I.The Principal Employer is to maintain register of establishment in form-III. The Principal employer will also issue a certificate in form-VI to the contractor, so that the contractor will apply for a license under the Act before the Registering and Licensing Officer. The contractor will issue service certificate to the Migrant workmen in Form-XIV and will maintain displacement and outward journey allowance in form-XV and maintain return journey allowances register in form-XVI (copy of the form enclosed). The contractor is required to send half yearly return in form-XXIII and the Principal employer will send annual return in form-XXIV for the year ending 31st December to the Licensing and Registering Officer respectively.

          Under the act power has been given to State Government of the home state to appoint after consultation Government  of the host state Inspector for visiting the establishments where in the workmen from the formen state are employed to see whether the provisions of the Act are being complied with in case of such migrant workmen.

          Practically cases under the Act are taken up by the District Labour Officer, Keonjhar after receipt of complaint from whether the migrant workman or from its family members. It is not becoming possible to restrict migration of workers at the time of recruitment in the district as the workman are migrated illegally at the instance of Agents/ Khatadars who motivates the workman surreptitiously and also the workmen before or during migration do not inform the fact of their displacement to different Government  agencies including the labour machinery. The following cases of migration of workmen of the district of Keonjhar to outside the state have been enquired into by the labour machinery of the district as well as of the state and the migrant workman have returned back to their homes and legal action has been taken against the defaulting agents.

          Penal provision for contravention of any provision of the Act and Rules, punishment of imprisonment which may extend to one year or time which may extend to Rs.1000/- or with both and for continuing offence an additional time which may extend to one hundred for every day. For violation of other provisions for which no penalty is provided, punishment of imprisonment for a term which may extend to two years and fine extending to two thousand rupees or with both.

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The Motor Transport Workers Act’1961.

          The Act is applicable to each motor transport undertaking employing one or more worker. This is a central legislation, but the appropriate government under the Act is the State Govt.. The Act is instead to provide for the welfare of motor transport workers and to regulate the conditions of their work.

          Sec.3 of the Act requires the employer to apply and to obtain registration in respect of his motor transport undertaking from the Authority under the Act.

          Welfare and health measures like canteen (employing 100 or more motor transport workers) rest rooms, uniforms, medical facilities, first-aid are also provided to the workers as per the provisions by the employers. Similarly, provisions of daily intervals for rest, spread over, slit duty, weekly rest have been provided to the workers under the Act. Employment of children who has not completed his fifteenth year of age has been prohibited in the undertaking.

          The employer of a motor transport undertaking is also required to maintain prescribed registers like muster roll. Overtime register, register of workers, leave book, leave with wages etc. in respect of the motor transport workers and to send to the Inspector or other officer an annual return as required under rule-39 of the Orissa Motor Transport Workers Rules,1966.

          Penal provision for violation of any provision is punishment of imprisonment which may extend to three months and fine which may extend to rupees five hundred or with both and for continuing offence, an additional fine of rupees seventy five for every day during which such contravention continues after conviction for the first such contravention has been provided.

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The Orissa Industrial Establishments (National And Festival) Holidays Act’1969.

          The Act is applicable to the industrial establishments to which negotiable instruments Act is not applicable. Sec.-3 of the Act prescribes 4 days national holidays and 4 days festival holidays in a calendar year in respect of the industrial workers.

          As per rule-3 of the Rule the employer has to submit the list of holidays to be granted in the succeeding calendar year by 30th November of the year to the Inspector for his approval and after getting approval he has to display the same in his premises as required under section-3 of the Act and Rule-6. The employer shall maintain the register of wages paid towards national and festival holidays and under rule-8 of the Orissa Industrial Establishments (National and festival) holidays Rules’1972 every employer shall send to the Inspector an annual return.

Penal provisions for the first offence may extend to Rs.25/- and for second and subsequent offence may extend to Rs.250/-.

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Frequently Asked  Questions

Question No-1 What is Minimum wages?

Answer - Wages fixed under Act for different schedule employments by
Labour and Employment Department , Government  of Orissa.

Question No-2 What is the present rate of minimum wages and when does it come in to force?

Answer -A. Category of labour-

i) Un-skilled. Rs. 40/- per day.
ii) Semi-skilled. Rs. 48/- per day.
iii) Skilled. Rs. 56/- per day.
iv) High-skilled. Rs. 64/- per day.
and it is effective from 1.5.1999.

Question No-3 How many schedule employments are there under the Act?

Answer - 82.

Question No-4 What is the proforma to file complaint for non-receipt of minimum wages?

Answer - Simple application shall be filled in plain paper before the District
Labour Officer,Keonjhar indicating the name and details of the
Employer along with the work and amount of less payment and
Period of work.

Question No-5 How differential wages can be recovered?

Answer - Under section 20(2) by filing claim case either in person or through
Authorized legal practitioner or a registered trade union before the
Authority appointed under the Act.

Question No-6 Who are the authorities appointed under the Act?

Answer - The Addl. District Magistrate of the district, S.D.J.Ms. of the respective
Sub-division and Asst.Labour Commission, Rourkela.

Question No-7 What is wages?

Answer - Wages means all remuneration i.e. salary, allowances or otherwise
Expressed in terms of money for capable of being so expressed.

Question No-8 Who is eligible to avail of the benefit under the provision of payment of wages Act?

Answer - A worker drawing wages less than Rs.1600/- per month is eligible.

Question No-9 What is the procedure in the case of non-payment of wages to a worker?

Answer - 1) A worker can file complaint before the labour machinery for the cause of his non-payment or

delay in payment of wages in a plain application indicating the details of the name and address of the employer, wage period, nature of work and amount of unpaid or delayed wages.

A worker can file complaint U/S-15(2) of the P.W.Act’1936 in form’C" before the S.D.J.M. of respective sub-division or before the A.D.M. of the District or Asst. Labour Commissioner, Rourkela through legal practitioner or officers of a trade union.

Question No-10 What is the date of payment?

Answer - In the case of establishment employing more than 1000 labour, wages of the month shall be paid within 10th and in the case of less than 1000 labour within 7th of the succeeding month.

Question No-11 Who is a child laboarer?

Answer - A child who has not completed his/her fourteenth year of age.

Question No-12 Can a child be employed in Hazardous occupation/process/operation?

Answer - No. Prohibited under See-3 of the child labour (prohibition and regulation) Act, 1986.

Question No-13 Can a child be employed in non-hazardous establishment, if so what is the condition ?

Answer - Yes. A child can be employed to work in a regulated employment. The child shall work for 3 hours with one hour rest. Then he will work for one and half hours.

Question No-14 Who is an inter-state migrant workman?

Answer - Inter State migrant workman means any person who is recruited by or through a contractor in one State for employment in an establishment in another State.

Question No-15 What should be the role of a person going outside the State for employment?

Answer - The person should inform the local police, local labour machinery, local B.D.O., Sarapanch about migration to other State. So that his details as well as the details of the contractor recruiting him and the details of the establishment of the outside State (where the person will be employed) can be available for speedy redressal of the grievances of the migrant workman. But the persons migrating to other States do not do so.

Question No-16 What a person will do in the case of non-payment of his wages and also in the case of retrenchment/ termination of his services under the I.D.Act,1947?

Answer - i) A person in the case of non-payment of wages shall file complaint before the local labour machinery or under sec.15(2) of the P.W.Act before the Authority under the P.W. Act i.e. A.D.M.(K) or S.D.J.M. of the respective sub-divisions. If the wages of the person exceeds Rs.1600/- a month, he can file complaint U/S. 33-C(2) of I.D.Act’1947 before the Labour Court of the respective area for computation of his wages.

ii) In the case of retrenchment, the retrenched employees shall prefer a complaint either in person or through a trade union before the Conciliation Officer under the I.D.Act. i.e. the District Labour Officer or Asst. Labour Officer of the respective area for enquiring into the complaint for an amicable settlement.

Question No-17 How many days of National and Festival holidays are allowed to a labour?

Answer - 4 National and 4 Festival holidays with wages shall be allowed to an employee by his employer during a year.

National holidays Festival holidays
26th January Any 4 festival holidays
1st May, availed of by the workmen
15th August & of the area.
2nd October.

Question No-18 Is a person required to take registration and renewal of his shop/ Commercial establishment within the Municipal/NAC area? If so where and what is the fees for registration?

Answer - Yes. For Keonjhar Municipality and Anandapur NAC in the office of the District Labour Officer,Keonjhar and for Barbil/Joda Municipality, in the office of the Asst. Labour Officer,Champua.

No. of workers employed Fees
In shops/ Comm. Establishment.
1 to 9 15.00
10 to 19 30.00
20

Question No-19 Who is contractor?

Answer - A person who undertakes to produce a given results for the establishment through contract labour of who supplies contract labour for any work of the establishment and includes a sub-contractor.

Question No-20 Who is a Principal employer?

Answer - i) In relation to any office or department of the Government or a local authority the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specified in this behalf.

ii) in a factory the owner or occupier or manager of the factory.

iii) in a mine the owner or manager of the mine.

iv) in any other establishment any person responsible for the supervision and control of the establishment.

Question No-21Can a contractor execute or undertake any work through contract labour except and in accordance with a license?

Answer - No, a contractor can not execute any work through contract labour without obtaining a licence.

Question No-22 What are the procedures for obtaining a labour license?

Answer - A contractor employing 20 or more labourers is required to take a license from the District Labour Officer-cum-Licensing Officer,Keonjhar.

Fees and license :-

No.of workers for Security money License fees.

which license is @ Rs.30/- per
required. labour.
20 600.00 40.00
21 to 50 @ Rs.30/- per each labour. 100.00
51 to 100 -do- 200.00
101 to 200 -do- 400.00
201 to 400 -do- 800.00
401 and above -do- 1000.00
N.B.- Security money is refundable to the contractor on completion of
Work and after obtaining a clearance certificate from the Principal employer.

Question No-23 Is the Principal employer required to comply any law?

Answer - Yes, the principal employer is required to register his establishment before the District Labour Officer and Registering Officer, Keonjhar.

No.of workman proposed to be Fees
Employed by the contractor. 40.00
21 to 50 100.00
51 to 100 200.00
101 to 200 400.00
201 to 400 800.00
401 and above 1000.00

Question No-24Is there any discrimination in the rate of remuneration payable to men and women labourers employed in same work or work of a similar nature?

Answer - No, there is no discrimination in the rate of wages payable to both men and women labourers employed in same work or the work of a similar nature.

Question No-25 In there any discrimination in the rate of minimum wages payable to male and female employees?

Answer - No, there is no discrimination in the rate of minimum wages payable to make and female employees.

Question No-26 What is the provision for registration of a Motor transport undertaking?

Answer - i) An employer employing even one labour i.e. driver, helper or coolly etc. in his Motor Transport undertaking is required to take a labour registration of his Motor Transport undertaking from the District Labour Officer-cum-registering authority, Keonjhar under the provision of Motor Transport Workers Act.

ii) Fees for the registration is Rs.100/- which shall be deposited in form of Treasury challan and the challan shall be enclosed to the application for registration to the District Labour Officer-cum-Registering Authority, Keonjhar.

Question No-27 When the payment of gratuity Act is applicable to an establishment?

Answer - The Act is applicable to an establishment in which ten or more persons are employed or were employed on any day of the preceding twelve month.

Question No-28 When an employ is eligible to get gratuity?

Answer - An employ who has rendered service for a period of not less than 5 years on wages is eligible to get gratuity from his employer at that time of superannuating, retirement, resignation or death.

Question No-29 When compensation is payable to a workman under the workman’s compensation Act’1923?

Answer - Compensation is payable to a workman if personal injury is cause to him by accident arising out of and in that course of his employment.

Question No-30 When compensation is payable to the dependants of workmen?

Answer - In the case of death/accident of a workman arising out of or in the course of his employment, compensation is payable to the dependants of the deceased workman.

Question No-31 What is the limitation of filing application before a Compensation Commissioner?

Answer - Within two years from the date of the accident.

Question No-32 Where is the compensation court situated and who are the commissioners for W.C. under  the Act?

Answer - The Court of the Commissioner for Workmen’s compensation for Keonjhar district is situated at Keonjhar and at Rourkela.

Addl. District Magistrate, Keonjhar is the Commissioner for workmen’s compensation for Keonjhar District.

Asst. Labour Commissioner, Rourkela is the Commissioner for workmen’s compensation Act direct before the Commissioner or through a legal practitioner.

Injured person/dependants of a deceased can file case under the workmen’s compensation Act direct before the Commissioner or through a legal practitioner.

Form-F has been prescribed for application by injured person and Form-G by dependants of the deceased of workman.

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DISTRICT  EMPLOYMENT OFFICE: KEONJHAR

 

Objective | Structure | Programme Implementation | FAQs

 

 

 

 

 

 

 

 

 

Objective   

          The Employment Service is a free service and no fee shall be levied for the services rendered. The basic functions/objective of the Employment Exchanges are indicated in brief seriatim.

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Structure of the Department

          In the district Head Quarters, there is the District Employment Exchange headed by the District Employment  Officer and under its administrative control there are 4 Employment Sub Offices at Anandapur, Champua, Joda, Kiriburu and one Rural Employment Bureau at Telkoi headed by Jr. Employment Officer in each office.

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Programme Implementation

1.      Employment Organization in brief:

            The basic functions of Employment Exchanges are to register the names of the Job-Seekers and sponsor their names to Employers against notified vacancies. Besides placement, these Exchanges also render Vocational Guidance to the students and youths in planning their career. In addition, the other activities are collection and compilation of Employment Market Information, interpretation of statistical data, verification of records of establishments (under the provision of Compulsory Notification of vacancies Act, 1959) etc.

Jurisdiction

The  jurisdiction and administrative control of  District Employment Exchange, Keonjhar is co-terminus with the Revenue District of Keonjhar. The District Employment Exchange, Keonjhar started functioning from the year 1961 and at present  functioning in a Government Building at Park Line Road.

Administrative Set-up

The following 4 Employment Sub – offices and one Rural Employment Bureau are functioning in this District under the administrative control of the District Employment Exchange,Keonjhar.

(a)   Employment Sub-office,Anandapur.

(b)   Employment Sub-office,Champua

(c)   Employment Sub-office,Kiriburu

(d)   Employment Sub-office,Joda

(e)   Rural Employment Bureau,Telkoi.

 

      The Objective of our Department :-

i)                 Surveys & studies relating to employment and un-employment

ii)                 To provide Vocational Guidance and Career information at the appropriate Stages.

 

iii)              To channelize the available educated man-powers into appropriate vocation.

iv)              To increase their employability through coaching / Training etc.

v)               Enforcement of Employment Exchanges (Compulsory Notification of Vacancies)

           Act, 1959 & Rules 1960.

vi)              Collection of Employment Market Information.          

vii)            Manpower planning and forecasting

viii)           Occupational research and information.

ix)               Registration of job seekers and submission of names against appropriate

           vacancies.

 

2.      Activities of Employment Exchange  :-

(A)            Registration :- Normally candidates are registered on the basis of instruction in the  National

Employment Service Manual, instructions issued by the Labour & Employment Department and by the Director of Employment Odisha,Bhubaneswar  from time to time .Employment Exchanges register the names of un-employed of job seekers and it facilitates employment assistance by sponsoring their names to the appropriate employer against the Notified Vacancies. The Registration position of unemployed job seekers appears to be in increasing trend in different trades in last five years.

(B)     Notification:- As per the provisions of Section 4(I) & (II) of the C.N.V Act,1959, every Employer under State Government and the Public and Private Sector undertaking has to notify their  vacancy to the Employment Exchange indicating different category-wise vacancy  of post and other details . Due to shrinkage of job opportunities in organized sectors which includes state government and the receipt of such notification from different employers has been reduced to a large extent.

(C)     Submission:- To maintain fairness in submission of list of candidates a committee has been constituted in each Employment Exchange. This committee  selects the list of candidates to be sponsored out of Live Register / Annual List on the basis of guide lines provided by the Labour & Employment Department and by the Director of Employment Odisha, depending upon the number of vacancies notified by the Employer.

(D)     Placement:-   As per the provision of C.N.V Act,1959 and  Government of Odisha, Labour & Employment Department, Resolution No – 7693-IIE-3-28/98-LE dated  8th June 1999, it is mandatory for the Employer to intimate the concerned employment exchange about the details of candidates selected against the vacancies either from open market or through employment exchange, within fifteen days of issue of the appointment order without fail. Collection of placement figure on regular basis is being made at the level of concerned employment exchanges. This helps in assessing the reduction of outstanding vacancies .

(E)      Report & Returns:-   This office has been furnishing statistical information regularly to the Director of Employment Odisha, Bhubaneswar, Government of Odisha, Directorate General of Employment & Training ,New Delhi  as well as during Assembly and Parliament Sessions.

(i) We are preparing Employment Service (E.S) monthly returns like E.S 1.1 on SC,ST, OBC, SEBC registrants  in live register in different qualifications ,monthly narrative report, monthly report on PH Registrants , Monthly report on Minority Communities etc.

(ii)   We are preparing quarterly E.S 3.1 return on Vocational Guidance activities ,

      Half yearly E.S 2.1,E.S 2.3,E.S 2.4,E.S 2.5 , E.S 2.7 returns  and annual returns like E.S    1.2,E.S     

     1.3 ,E.S 1.4,E.S 1.6 ,E.S 2.2 E.S 2.6 linked to  on different category of registrants    in the live   

      register ,on registration,  on vacancy position, on notification position, on  submission position , on  

     placement position etc.

 

(iii) We are preparing quarterly area report on Employment Market Information (EMI) basing on   

      employment generated in different sectors (Public & Private).

(F) Career Guidance & Vocational Guidance:-

(i)    We are giving employment information and advice to job seekers.

(ii)   We are giving information to unemployed job seekers on competitive

examination conducted by UPSC, OPSC, SSCs, Railway Recruitment Boards, Banking Recruitment Boards, Public sector units exams etc. and  also provide   information on exams. Conducted by Army Recruitment Board, Naval Recruitment Board & Air Force Recruitment Board.  We are also providing information on list of web-sites where one can search for any type of job which will match to his/her career. We are giving information on how to choose institutions for study like in different ITIs, Diploma, Engineering, MBA, and MCA Institutions and in different Universities of India and the courses offered by them. We are also intimating the students the top ranked  Engineering Colleges in India, Odisha, top ranked MBA Colleges and Universities and their list and address of above institutions, branches of different trades of engineering and its pioneering institutions and its intake capacity and the Exams which have to appear for entry into these institutions and the   information on admission advertisements etc.

(ii)    We are giving calendar for the different ensuing exams and job alert of different Public Sector & private Sector service Exams.

(iii)   We are giving Career talks in different Schools & Colleges for students how to choose the particular trade which will fit to his/her, as career in future.

(iv)  We are doing Career Conference by taking experts from different  line departments and taking successful entrepreneurs  of the district to motivate  the un-employed youths for self-employment.

(v)    We are doing Career Exhibitions at the different Schools and Colleges and giving broachers and leaflets on different Careers and also giving broachers to libraries of different schools & Colleges    for students to gain knowledge on different Careers and to choose the appropriate Career at right time.

(vi)  We are doing Entrepreneurship Development Programmed (EDP) for Graduate registrants to motivate them to be successful entrepreneur in future. We are giving scope to ITI, Diploma and Science Graduates for Industrial visit and to meet successful entrepreneurs by arranging tours in different batches to motivate them to be successful entrepreneur.

(vii) We have set up Student Information Bureau & Model Career Corner in different Govt. Schools & Colleges to disseminate information on different Careers and we have provided them Career literature, Career bulletin, News Papers & Magazines to up-to-date them to the changing scenario in job profiles. We are taking classes in liaison with Army, Navy & Air Force field Officers to motivate them to join in this profession in future.

(viii)     We are arranging  the confidence building programme of 4 (Four) months duration  for job

seekers in different Colleges & Schools by arranging Classes by experts  on Spoken English , Mock interviews, Group discussion and Parent counseling.

(ix)        We are arranging pre-recruitment training Camp for un-employed  registrants  of our district

of residential 15 days programme by retired Army persons to give advance   training  on physical and on theoretical (including previous sample papers) for their smooth entry and to minimize their rejection during  selection  into defence sector during the Recruitment Rallies of Branch Recruiting Officers (BRO) and during selection under Para – Military Examiniations.

(G)   Odisha State Employment Mission Society (OSEMS) Activities in   Different Sectors.

After starting of Employment Mission in 2006 the following activities have started from time to time in our district and some of the programmes, which were not going on in our district, those programmes were open to all registrants of throughout the state bearing the valid registration number only.

(i)  Atma Nijukti Paramarsha Mela:- Organized at different block head quarters to   give counseling to

      the unemployed youths on various activities in different sectors to set up  any self employed           

      unit(2006-2009)

(ii)Skill up-gradation training programme:-

Six months self employment /skill up gradation  trainings were  imparted at different  ITIs/ITCs in different trades having qualification 8th pass and above. The name of the trades are  like Data Entry Operator , Computer operator, Computer Accounting Technician(Tally), Mobile Repairing ,Photography & Videography, Video Editing, Multimedia, Auto cad, Steno-cum-DEO, Tourist guide, Beautician, Housing Wiring ,Repair of Electrical Appliances, Repair of Electronics items, Welder & Fabrication ,Gems stone cutting and polishing, Plumber, Carpenter, Wool knitting and dress design, garment design, Repair of Refrigeration and Mechanic, Driver cum Mechanic and Motor mechanic, Machine Maintenance , Bakery and Confectionary , winding of AC Machine, food & Beverage Service, Cookery, Canning & Food Preservation and  Plastic Processing Operator etc..

(iii)       Under OCAC: One month training programme  was  conducted on soft skill and

         IT skill at different computer Institutes having qualification matriculation and above.

(iv)       Under Driving Training School (DTS): 2 months Driving Training conducted at

different driving institutes having qualification 8th passe and fulfilling physical standard criteria.

(v)         Under SC & ST Development Corporation: Mobile Repairing,  home nursing ,

Welding fabrication , Plastic Processing operator , Electrical Maintenance, Hardware  and Networking self employment  training schemes are going on at different institutions.

(vi)       Under Handy Crafts & Cottage Industry through Textile department :

6 months Patta Painting and Straw Craft, 4 months jacquard weaving self employment   training programmes are conducted at different locations.

(vii)     Under Fishery & Animal Resource Department: Fishery department imparted

self employment training on fishery conducted at National Institute of Fishery Technology, Banapur ,Khorda.

Under Veterinary Department: 6 months Animal Husbandry Technician Training, conducted at different districts and at Gandamunda , Bhubaneswar.

(viii)         Under Horticulture Department : 2 days self employment programme

conducted on vermin compost , sorting and gardening and 20 days grafting and gardening programme conducted at different Horticulturist office.

(ix)             Under Agriculture Department: 15 days farm machinery self employment training

            imparted at implementation factory, Bhubaneswar.

(x)               Under Mahila Vikash Sahaya Nigam: 6 months Computer Accounting Tally

            Training  conducted at CIPET for visual handicapped candidates.

(xi)             Under Tourism Department: 1 month training on  cooking  sanitation and hygiene

 fast food vendors training and Eco-Tourism guide training are conducted under tourism .  24 weeks   food and beverage self employment training programme was  conducted at Institute of Hotel Management Technology, Bhubaneswar.

(xii)           Under DSWO: 6 months self employment training programmes like , dress making, DEO and  

       DTP training were conducted at Women’s Polytechnic , Bhubaneswar.

(xiii)         Under Larsen & Turbo Company: 3 months self employment training

programme are going on  for the unemployed youths to develop skill on construction line at Hyderabad and Bangalore.

(xiv)         Under Training Programme of NAC (National Administrative of

construction): Self employment training programmes were conducted to the unemployed youths at Bangalore & Hyderabad.

(xv)           Under Nokia Care Pvt. Ltd: Self employment training programme were imparted to the

            Unemployed youths under Nokia Care Pvt. Ltd

(xvi)         Recruitment Rally: District Administration arranges all facilities for smooth conducting

of Army Recruitment Rally at different parent District of the state and Employment Mission supports the District Administration in arranging the rally.In our district in liaison with district administration & State Employment Mission we have successfully arranged Army Recruitment Rally at Keonjhar Stadium through Branch Recruiting officer (BRO), Sambalpur in the month of April, 2011. There was a huge gathering of around 15000 thousands unemployed youths for entry into vacancy trades like Solider GD, Sol (TDN), Sol GD (ST),Sol (Tech),Sol(Clerk)/SKT, Sol (Nursing Assistant) and  DSC(Sep GD).

(xvii)       Job Fair & Job Mela: Employment Mission in liaison with different leading placement

agencies and companies  arrange Job Fair & Job Mela at different districts and the unemployed youths of the state take part in those Melas for getting job under different companies.

            At present under Employment Mission the desired target of the Government for  training on Light Motor Vehicle and Heavy Motor Vehicle is 10,000  in number, in this year. This office has collected 203 applications for driving training from “Mo-Dakhyata” counseling camp organized by District Administration. We have submitted those applications to the Joint Commissioner, Transport (Technical)-Cum-Principal, Govt. Driving Training School, Bhubaneswar. Principal has intimated, the training has been started of 60 trainees at Driving Training School, Saharpada, Keonjhar  as first batch and next batch will be started from September 2011.  He has also informed under M/S Nag & Sons Driving Training Institute  the next batches will be started shortly at Joda and Keonjhar.

      In pursuance to Odisha State Employment Mission Society advertisement for receiving applications from unemployed youths for “Placement Linked Training Programme”(PLTP), we have received 221 applications for training in different trades like, Retail, House keeping, Food & Beverage services, Front Office Operation, Telecom sales, Banking & Financial services. In our district India Skills (Manipal City & Guilds Training pvt. Ltd. Banaglore will impart training in the above trades. After successful completion of training the organization will give placement to those trainees in any place of India, if vacancies not available in side Odisha. The organization has not started   the above training in our district till today.

(H) Employment Marketing Information (EMI):-

i)                 We are Collecting manpower statistics along with Vacancy position  from Public

Sector (Central Govt., Central Govt. Quasi, State Govt. ,State Govt. Quasi & Local Bodies) and  Private Sector (Act Establishments & Non Act Establishments)in total from 598(Public Sector,421 &Private Sector 177)  Establishments of throughout the district through statutory ER-I(Quarterly) return. We are preparing quarterly EMI Statement and sending it to DGE&T, New Delhi to prepare report on man power demand in future.   

                                    

             During the quarter ending, March, 2011 it was estimated in Public Sector total 27,345 no’s of employees including 5013 no’s of women against 27305 no’s of employees including 5010 no’s of women were working in the previous quarter ending December, 2010.

 

              During the quarter ending , March, 2011 it was estimated in Private Sector  total  18,243 no’s of employees including 1569 no’s of women against 18,131 no’s of employees including 1562 no’s of women were working  in the previous quarter ending December,2010.

 

SL No

Name of the sector

Details of the establishment

No. of establishment

No. of employee

1

Public sector

Central Government

07

1344

State Government

173

15028

Central-Quasi

62

2981

State – quasi

175

7609

Local Bodies

04

383

Total

421

27,345

2

Private sector

Act. Establishment

111

17,302

Non-Act. Establishment

66

941

Total

177

18,243

Grand Total

598

45,588

 

ii)       We are collecting Educational Qualification Statistics from Public Sector &  Private Sector

in alternate years through statutory ER-II (Biennial) return and compiling them to make Annual returns on Public Sector & on Private Sector and alternately sending them to Director of General of Employment & Training, New Delhi to make report on future demand of manpower with required educational qualification.

(ii)  We are submitting reminders (1st,2nd &3rd) in successive stages to the defaulting  establishments, those who are not submitting quarterly ER-I & biennial  ER-II returns and not submitting compliance report against record verification report under CNV Act, in prescribed time limit and issuing “ show cause notice” to those defaulting establishments and finally  drawing proceeding against those defaulting establishments after taking permission from the Director of Employment Odisha, Bhubaneswar.

(iii) Under Person with Disabilities(PWD) Act we are collecting DPER-I & DPER-II return on OH,HH&VH from above Public Sector  establishments to study whether one percent in each category (Total 3%) have been represented in those establishments or not .               

(iv) We are collecting information regarding Employment in industries that is direct as well as indirect Employment generated by Industries on monthly basic and sending it to the Director of Employment, Odisha, Bhubaneswar to evaluate to know, whether the  percentage of  local people has been properly  represented in the Industries as per the MOU guide lines or not.

(v)  We are  collecting figure  from Central govt. Establishments i.e. Census of  Central Govt. employees in C.G.R. return form and sending it direct to the D.G.E&T, New Delhi to evaluate civilian (regular )employees status report on different criteria .

(I)       Inspection Under Employment Exchange Compulsory Notification of  Vacancies (CNV) Act, 1959 & Rules 1960  and under ORV Act, 1975.

(i) Under  C.N.V  Act we are verifying the different establishments to check whether the ER-I & ER-II return with vacancy position submitted by the employer  are correct or not.  To check whether the establishment has make any recruitment during the period under inspection or not. If any recruitment has been made, whether it has given notification to the Local Employment Exchange or not.

(ii) Under ORV Act 1975, as per the  annual inspection programme, the list of establishments to be inspected prepared by D.W.O    and counter signed by Collector & District Magistrate is received from District Welfare officer. After getting the annual programme ,we are visiting the establishments to check whether the ORV 80 point Roster Register has been maintained by the establishments properly or not. And whether the establishment has make any recruitment without following the ORV Act guidelines or not.

      3) Employment Scenario of the District & its Statistics:-

  The  trend of registration of job seekers in last five years are  increasing year to year. 

The Live Register position  of unemployed job seekers in different trades for the month ending June,2011 given as detailed below in Annexure-I

 

                                                                              ANNEXTURE-I

DISTRICT  EMPLOYMENT  EXCHANGE  :  KEONJHAR

Live register Position for the month ending June 2011

 

 

Male

female

CATEGORY

SC

ST

GENERAL

TOTAL

SC

ST

GENERAL

TOTAL

GRAND TOTAL

Below M.E.

8

34

49

91

5

13

14

32

123

Below matric

186

706

616

1508

51

148

78

277

1785

Total

194

740

665

1599

56

161

92

309

1908

Matric

2121

3160

4811

10092

642

791

894

2327

12419

I.A.

938

1305

1719

3962

533

867

1417

2817

6779

ISc

327

429

1940

2696

98

137

718

953

3649

ICom.

55

74

433

562

5

6

31

42

604

Total

1320

1808

4092

7220

636

1010

2166

3812

11032

B.A.

650

750

1871

3271

355

378

1470

2203

5474

B.Sc.

79

61

991

1131

32

17

448

497

1628

B.Com

54

35

256

345

4

5

25

34

379

Total

783

846

3118

4747

391

400

1943

2734

7481

Diploma

110

196

798

1104

14

28

105

147

1251

I.T.I.

276

344

2021

2641

16

6

61

83

2724

C.T.

55

63

948

1066

26

29

461

516

1582

Pharmacist

27

27

253

307

4

-

21

25

332

Nursing

-

-

-

-

3

3

150

156

156

Steno

5

8

26

39

-

5

19

24

63

Typist

1

8

21

30

3

1

6

10

40

Librarian

1

-

4

5

-

1

2

3

8

Others

189

176

836

1201

50

114

420

584

1785

Total

664

822

4907

6393

116

187

1245

1548

7941

Grand Total

5082

7376

17593

30051

1841

2549

6340

10730

40781

                   

                                  

The trend of placement, notification, submission, registration & live register position of last five years up to June,2011  are detailed below in Annexure-II for reference.

ANNEXTURE-II

DISTRICT EMPLOYMENT EXCHANGE,KEONJHAR

Trend of  registration, placement ,notification, submission and live register position of last five years

 

 Year 2007

Category

General

SC

ST

Grand Total

Notification

 

M

F

T

M

F

T

M

F

T

M

F

T

M

F

T

Registration

2372

767

3139

531

163

694

890

241

1131

3793

1171

4964

1111

03

1114

Placement

152

42

194

48

17

65

113

34

147

313

93

406

 

 

 

Submission

460

52

512

72

07

79

100

10

110

632

69

701

 

 

 

Live register

12647

2957

15604

3688

1079

4767

4413

1111

5524

20748

5147

25895

 

 

 

Year 2008

Category

General

SC

ST

Grand Total

Notification

 

M

F

T

M

F

T

M

F

T

M

F

T

M

F

T

Registration

3459

1272

4731

882

340

1222

1270

448

1718

5611

2060

7671

234

01

235

Placement

48

20

68

10

05

15

26

07

33

84

32

116

 

 

 

Submission

1296

48

1344

343

22

365

342

16

358

1981

86

2067

 

 

 

Live register

13166

3767

16933

4119

1242

5361

5078

1399

6477

22363

6408

28771

 

 

 

Year 2009

Category

General

SC

ST

Grand Total

Notification

 

M

F

T

M

F

T

M

F

T

M

F

T

M

F

T

Registration

3575

1576

5151

797

337

1154

1142

495

1637

5514

2428

7942

351

19

370

Placement

193

22

215

32

02

34

25

-

25

250

24

274

 

 

 

Submission

2480

100

2580

401

36

437

438

32

470

3319

168

3487

 

 

 

Live register

13903

4253

18156

4172

1235

5407

5091

1427

6518

23166

6915

30081

 

 

 

                                                                                                                            

Year 2010

Category

General

SC

ST

Grand Total

Notification

 

M

F

T

M

F

T

M

F

T

M

F

T

M

F

T

Registration

5414

2374

7788

1367

715

2082

2544

1031

3575

9325

4120

13445

258

1

259

Placement

102

5

107

8

2

10

37

1

38

147

8

155

 

 

 

Submission

3237

102

3375

442

36

478

656

37

693

4371

175

4546

 

 

 

Live register

16535

5821

22356

4755

1694

6449

6701

2243

8944

27991

9758

37749

 

 

 

Year 2011(up to June 2011)

Category

General

SC

ST

Grand Total

Notification

 

M

F

T

M

F

T

M

F

T

M

F

T

M

F

T

Registration

2329

1155

4639

606

264

870

1097

412

1509

4032

1831

5863

32

-

32

Placement

68

15

83

24

01

25

33

5

38

125

21

146

 

 

 

Submission

231

11

242

146

25

171

248

12

260

625

48

673

 

 

 

Live register

17593

6340

23933

5095

1850

6945

7415

2556

9971

30182

10765

40947

 

 

 

 

M – Male ,F – Female,T – Total

(J)  Information on Establishment :-

The Head Clerk is dealing with the establishment section in this District office. This section deals with the establishment of this office along with 5(five) Employment Sub- offices/Rural Employment Bureau of this District. Total number of employees for whom this establishment is maintaining their establishment matter is as follows.

SL

NO

Name of the post

Sanctioned strength

Staff in position

Post vacant

Remarks

1

D.E.O

1

1

-

-

2

J.E.O

3

3

-

-

3

Head Clerk

1

1

-

-

4

Senior clerk

6

2

4

Transfer & retirement vacancy

5

Junior clerk

4

2

2

Promotional  vacancy

6

Guide

1

1

-

-

7

Peon

2

-

2

Due to retirement

8

Chowkidar – cum- sweeper

1

1

-

Observed as peon

9

Peon- cum-Chowkidar

5

4

1

Retirement vacancy

     

All routine registers like index register, receipt register, issue register, log book, assembly question register guard files and other registers are maintained properly.  One central postage stam register is maintained in this office properly. No projects or schemes are going on under this office at present and hence no receipt and expenditure statement is outstanding at this office level. Under establishment section accounts work is going on smoothly. The following registers are maintained properly at accounts unit. like, Pay Acquittance Roll (Gazetted),  Pay Acquittance Roll (Non-Gazetted),T.A Acquittance Roll, Allotment register, Bill Register, Contigent Bill Register, Book of Drawal, Permanent Advance Register and Voucher guard file.

 

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Frequently Asked Questions

Question No-1 What does Employment Exchange do  for self-employment ?

Answer - The Employment Exchange  registers the names of the un-employed job seekers for employment in different sectors and imparts guidance to such registrants in the Employment premises regarding information about job avenues.

Question No-2

Answer - It collects quarterly employment market information return and biennial returns from all public sector employees as well as private sector employees employing 25 persons and more in organized sector regarding employment position in their establishment, forecast of vacancies, shortage and surplus of manpower requirement and compile such report received from then for transmission of the same to Govt.of India, Ministry of Labour , D.G.E and T, New Delhi, State Govt., in the Labour and Employment Department and State Directorates of Employment for information and review.

          Submission of such quarterly and biennial return by the Employer is a statutory requirement under the provision of the Employment Exchanges (Compulsory Notification of Vacancies Act,1959 and Employment Exchange(CNV) Rules-1960.

Question No-3 How does an Employment Exchange help the students of High Schools and Colleges   ?

Answer - The Employment Officer delivers career talk to the students of High School and colleges in the class room and organize career conference/career seminars/career exhibition in such educational institutions under the vocational guidance and Employment Counseling programme to make the students aware of various job avenues, technical training, vocational training facilities, self employment opportunity etc. at pre-matric and post matric stage and to held planning their future career with reference to their attainment, ability, aptitude and interest.

Question No-4 What action have taken by the Employment Exchange against the defaulting sectors  ?

Answer - The Employment Officer inspects the records of Public and Private sector employers from time to time in order to see whether the establishments are observing various provisions out lined in the Employment Exchange(CNV)Act, 1959 enacted by the Govt.of India  and provisions out lined in the Employment Exchange (CNV) Rules, 1960 made by the State Government  correctly and in right perspective and takes legal action against the erring/defaulting establishments under the provisions of the said Act and Rules.

Question No-5 How does the Employment Exchange sponsored the names of the Job seekers  ?

Answer - The Employment Exchange sponsors the names of the eligible candidates to the employer for consideration for interview and test against the vacancies notified by them. In order to maintain honesty, impartiality and fairness in sponsoring the names of candidates, due care is taken to sponsor candidates from the Annual select list or from the Live Register as the case may be strictly in order of seniority in registration as per the prescribed ratio of submission.

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