Labour Commissioner
Disclosures Under Sec 4 of Right to Information Act 2005
Labour Commissioner, Nagaland Kohima
Right to information and obligations of public authorities
Sec 4 (1)(b) of RTI Act 2005
(i) The particulars of its organisation, functions and duties. Click here
(ii) The powers and duties of its officers and employees. Click here
(iii) The procedure followed in the decision making process, including channels of supervision and accountability; Click here
(iv) The norms set by it for the discharge of its functions; Click here
(v) The rules, regulations, instructions, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; Click here
(vi) a statement of the categories of documents that are held by it or under its control; Click here
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; Click here
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; Click here
(ix) a directory of its officers and employees; Click here
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations. Click here
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; Click here
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; Click here
(xiii) particulars of recipients of concessions, permits or authorisations granted by it; Click here
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form; Click here
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; Click here
(xvi) the names, designations and other particulars of the Public Information Officers; Click here
(xvii) such other information as may be prescribed; and thereafter update these publications every year; Click here
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Labour Commissioner, Nagaland Kohima
Manual – I
PARTICULARS OF THE ORGANISATION, FUNCTIONS AND DUTIES
INTRODUCTION
The Right to Information Bill that would usher in a new era in the process of Governance, performance and efficiency was passed by the Lok Sabha on 11th May, 2005 and received the assent of the President of India on 15th June, 2005. “The legislation would ensure that the benefits of growth flow to all sections eliminate corruption and bring the concerns of the common man to the heart of all processes of governance. It is not a draconian law for paralyzing the Government but is an instrument for improving Government – citizen interfacing, resulting in a friendly, caring and effective functioning” said the Hon’ble Prime Minister Dr.Manmohan Singh in a debate at Lok Sabha.
The Right to Information Act, 2005 states that it is “An act to provide for seeking out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order top promote transparency and accountability in the working of every public authority.
The objective of this Manual is to meet the requirements of the Act and the obligations cast upon the office of the public authority under the Labour Commissioner, Nagaland, particularly to the information under clause (b) of section 4 (1) of the Act to provide as much information to the public at regular intervals through various means of communications so that the information can be easily accessible to the public.
This Manual will therefore be useful to the Public/citizens, NGOs who desire to have the information. Government Departments will also find the handbook useful in their day-to-day office works.
Any information relating to the subjects covered in the handbook as well as other information, relating to the subjects can be had from the Public Information Officer, Directorate of Labour, Nagaland, Kohima – 797001 or the Assistant Labour Commissioner from all other districts in Nagaland who are also appointed as PIO’s of the respective districts. Besides, for getting the information not available in the handbook, the public can contact the Public Information Officer and Assistant Public Information Officers at the Districts.
For getting the information not available in the handbook, the public should apply in writing in English or in the official language of the area to the Public Information Officer, specifying the particulars of the information sought for. No fees will be charged from people living below the poverty line.
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Manual-II
Powers & Duties of Officers & Employees:
- DIRECTORATE LEVEL Designation: Labour Commissioner.
Administrative Power: The Labour Commissioner is the Head of the Department and charged with the
responsibilities of administering and implementing all the provisions of Labour & Industrial Acts and
Rules.As such,he has full administrative powers under his organization.
Financial Power : As head of the office he has some financial powers but his powers are limited according to the Govt. rules.
Duties : 1. The Labour Commissioner is responsible for overall control and efficient administration of
his organization.
2. He advices the Govt. in all important policy decisions and important matters concerning his
subject.
Designation: Jt. Labour Commissioner.
Administrative Power : To assist Labour Commissioner.
Financial Power : Nil.
Designation : Deputy Director of Factories & Boilers.
Administrative Power : The Deputy Director of Factories & Boilers if the senior most officer of the office under the Labour Commissioner. In the absence of the Labour Commissioner he will perform the duties of the Joint Labour Commissioner. He is also charged with the duty to implement the Factories & Boilers Act in the state.
Financial Power : No financial powers.
Duties : As the senior most Officer of the Organization under the Labour Commissioner his duties are vast. He advises the Joint Labour Commissioner on all matters concerning the office. He also assists the Labour Commissioner in the day to day office works and is responsible for prompt disposal of works. He is also the department Nodal Officer and thus keeps track of all the files and other correspondences relating to the department.
Designation : The Deputy Labour Commissioner.
Administrative Power : The Deputy Labour Commissioner assists the Joint Labour Commissioner.
Financial Power : No financial powers are vested on him.
Duties : As the second senior most Officer, he assists the Labour Commissioner in the day to day office works and in all matters of offers views and comment in his level.
Designation : The Asstt. Inspector of Factories & Boilers
Administrative Powers : Being the only state level field officer in the Factories & Boilers Wing, he assists the Labour Commissioner and the Deputy Director of Factories & Boilers in all matters relating to Factories and Boilers Acts.
Financial Powers : No financial powers are vested on him.
Duties : He also assists the office in matters relating to Inspections under the Factories & Boilers Act, and Collection of statistics.
Designation : Assistant Labour Commissioner
Administrative Powers : The Assistant Labour Commissioner assists all other senior officers in the directorate.
Financial Powers : No financial powers are vested on him.
Duties : He assists the Labour Commissioner in the day to day office works and in all matters of officer’s views and comments in his level.
- Designation :- Project Officer
Administrative Powers : The Project Officer assists all other senior officers in the directorate.
Financial Powers : No financial powers are vested on him.
Duties : The Project Officer is assigned to look after all the centrally aided projects and others that are implemented by the department. He assists the Labour Commissioner in the day to day office works and in all matters pertaining to projects and other important Labour issues.
Views and comments in his level.
- Designation :Office Registrar (OR)
Administrative Powers : Office Administration/functioning within the Directorate.
Financial Powers : Nil
Duties : Being the senior most Officer among the ministerial staff of the department, the Office Registrar is responsible for the maintenance of administration and functioning of Establishment & Accounts sections of the department/directorate and is also responsible for the control of all the Office Assistants in the directorate office.
- Designation : Superintendent
Administrative Powers : Office functioning of staffs within the Directorate.
Financial Powers : Nil
Duties : 1. He is responsible for maintenance of discipline and punctuality in attendance
of the staff.
2. To maintain an up-to date distribution list of work among the Assistance and make
arrangement for the disposal of work entrusted to another Assistant during, absence.
3. To monitor/supervise all staffs in the Directorate.
9. Designation : Assistant Superintendent.
Administrative Powers : Nil
Financial Powers : Nil
Duties : The Assistant Superintendent are to assist the senior officers both in the Administrative, Ministerial and account set ups in all day to day office works.
- Designation : U.D.A.
Administrative Powers : Nil
Financial Powers : Nil
Duties : 1. To examine promptly all receipts of official letters/documents & process to higher level.
2. To assist all officers as and when required.
- Designation : L.D.A.
Administrative Powers:Nil
Financial Powers: Nil
Duties : To assist UDA, and all officers as and when required. - Designation : Typists
Administrative Powers : Nil
Financial Powers : Nil
Duties : To type all matters endorsed to them. - Designation : Peon
Administrative Powers : Nil
Financial Powers : Nil
Duties : 1. He should assist in any office works as may be required.
2. His main duties are to send the Files and letters to all concerned promptly.
DISTRICT LEVEL
- Designation : Assistant Labour Commissioner
Administrative Powers : As head of office in the district, he is responsible for all matters relating to his office within his jurisdiction.
Financial Powers : He is the Drawing and Disbursing officer only.
Duties : 1. To implement and enforce all the provision of various Labour Laws within his
jurisdiction.
2. To attend meeting and other executive matters within his District.
- Designation : Labour Inspector
Administrative Powers:In the absence of the District Labour Officer, he will perform the duties of the District Labour Officer.
Financial Powers: Nil
Duties: 1. To assists the District Labour Officer in implementing and enforcing all the provisions of various Labour Laws. He is mainly responsible to carry out all the field works related to the Labour Laws within his jurisdiction.
3.Designation : UDA/LDA-Typist/Peon
Duties : Same as in the Directorate Level.
4.Designation : Chowkidar
Duties : 1. He is responsible for the safety and custody of the Govt. property.
2. He should open or close the office before or after office hours.
LABOUR WELFARE CENTRE
5. Designation : Instructor
Duties: Their duties are to impart free training services to the trainees in the trades of Tailoring,
Knitting and Embroidery.
LABOUR COURT
6. Designation: Presiding Officer
Administrative Powers: As head of the office, he is responsible for all matters relating to his
office in his jurisdiction.
Financial Powers: He is the Drawing and Disbursing Officer only.
Duties: To dispose off all cases relating to the 2nd Schedule under the Industrial DisputeAct,1947.
Manual-III
THE PROCEDURE FOLLOWED IN DECISION MAKING PROCESS INCLUDING CHANNELS OF SUPERVISION AND ACCOUNTABILITY:
The Minister/Parliamentary Secretary in-charge of the Department is responsible for policy decisions. He is advised and assisted by Commissioner and Secretary of the Department. The Commissioner and Secretary is the Administrative Head and takes decision on all matters of policy and administration. The Rules of Executive Business of the Govt. regulate the manner in which transaction of business of Govt. should be carried out. While the Labour Commissioner will provide technical advice to the Commissioner & Secretary and is responsible for execution and implementation of policies/decisions laid down by the Administrative Department.
The Commissioner & Secretary will take all important decisions of the Department as per the existing Acts/Rules. For instance to fix/revise the Minimum rate of wages under the Minimum wages Act, 1948, the State Govt. will constitute the Minimum Wages State Advisory Board, the rates suggested by the Board will be invited objections/suggestions upon from the Public and the Govt. will finally fix/revise the rates. The same procedure follows in all matters where Appropriate Government is the State Government in any of the Labour Acts.
The existing arrangement to communicate any decision to the Public is being made through Publication in the Nagaland Gazette or by execution and implementation of the decisions through the field Officers of the Directorate.
The Commissioner & Secretary at the Secretariat level is assisted by Jt.Secretary,Deputy Secretary and Under Secretary who will give their opinions and seek advises from other Departments before making any decision. The Labour Commissioner (HoD) will be advised and assisted by his Officers who also offer technical advise to the decision to be arrived at.
The Commissioner & Secretary at the Secretariat level is the final authority that accords the decision.
Manual-IV
Norms set for discharge of its functions:
5.1.
- Implementation of various labour laws, mentioned in earlier chapters is the main function of the Organization under the Labour Commissioner. Under the Industrial Disputes Act, 1947 where any Industrial disputes exists or is apprehended, the Officers in the Districts who are appointed as Conciliation Officers under the Act should for the purpose of bringing about settlement of the disputes, investigate without delay the disputes and all matters affecting the merits and the right settlement thereof. Where a settlement is arrived at, the Conciliation Officer should refer the case along with a failure report to the Labour Commissioner who is also the State Conciliation Officer under the Act, for forwarding the same to Govt. for its examination and reference to Labour Court or Industrial Tribunal.
- For implementation of the provisions of other labour laws, the officers declared as Inspectors under the Act, should see that the provisions are properly implemented by the employers of the establishments. In case of violation of the provisions of the Acts, the Inspectors should initiate legal action by way of prosecution/claim application etc. Show cause notice should be served on the employer so that he cannot complain of being taken unaware by institution of legal proceedings. Where the liability is disputed on legal or other ground, the prosecuting Officer will refer the matter to the Joint Labour Commissioner so that the grounds on which the employer’s liability is disputed could be fully examined before deciding on legal action.
- For registration of Shops and Commercial Establishments and for registration of under the Contract Labour Act, application forms will be made as prescribed under the Acts. The District Officers will examine the application forms for granting Certificates/Licenses. For registration of the Principle Employers under the Contract Labour Act, the District Labour Officers will forward the applications to the Labour Commissioner. The Labour Commissioner’s Office on receipt of the application forms will see whether the applications conform to the relevant provisions of the Acts and Rules and on being satisfied will grant a Registration Certificate and maintain registers showing the particulars in relation to which Certificates have been issued.
- The technical wing i.e. Factories & Boilers Inspectorate being set up only in the Directorate Office, it is therefore the Directorate office is responsible for registration/issue of licenses/renewal thereof to all the industrial units and the Boilers are carried out by the directorate office only. The Directorate office deputes the technical officers to inspect factories and also the boilers from time to time thereby providing safety working conditions especially to steam boilers and thermic fluid heaters etc.
- The Office of the Labour Commissioner as Head of Department should be well acquainted with the powers delegated to him under the Delegation of Financial Powers Rules and those delegated under the departmental orders. Under the Organization of the Labour Commissioner, the District Labour Officers are the Drawing and Disbursing Officers. Preparation of Budget, surrender of savings etc., will be done at the Directorate Level on the basis of the information sent by the District Offices.
Manual-V
THE RULES, REGULATIONS, INSTRUCTIONS, MANUALS AND RECORDS HELD BY IT OR UNDER ITS CONTROL OR USED BY ITS EMPLOYEES FOR DISCHARGING ITS FUNCTIONS:
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Manual-VI
A Statement of the Categories of documents that are held by it or under its control:
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Manual-VII
THE PARTICULARS OF ANY ARRANGEMENT THAT EXISTS FOR CONSULTATION WITH OR REPRESENTATION BY, THE MEMBERS OF THE PUBLIC IN RELATION TO THE FORMULATION OF ITS POLICY OR ADMINISTRATION :
FORMULATION OF POLICY
| Sl. No. | Subject/Topic | Is there a provision to ensure Public Participation(Yes/No) |
Arrangements for seeking Public participation. |
| Framing of State Act/Rules under various Labour Laws
Fixation/Revision of the rates of Minimum Wages under the Minimum Wages Act, 1948 |
Yes
Yes |
For every Act/Rule to be framed or amended, it is mandatory to invite objections/suggestions from the public or persons likely to be affected to be notified in the Nagaland Gazette before taking into consideration the proposed framing or amendment.
Representatives of the Public particularly those representing the employees and the workers have been included in the Advisory Board to decide the fixation/revision of the rates. |
IMPLEMENTATION OF POLICY
| Sl. No. | Subject/Topic | Is it mandatory to ensure Public Participation (Yes/No) |
Arrangements for seeking Public participation. |
| Implementation of Labour policies in the form of various Labour Laws | Yes, since implementation of the Labour Laws affected the public particularly the employers and the workers | The field Officers should seek public participation and establish contact, hold consultations and also promote public Relation between the Employers and the workers for successful implementation of the Labour Policies in the form of Labour Laws. |
Manual-VIII
A STATEMENT OF BOARDS, COUNCIL, COMMITTEES AND OTHER BODIES CONSTITUTED AS ITS PART OR FOR THE PURPOSE OF ITS ADVICE, AND AS TO WHETHER MEETINGS OF THOSE BOARDS, COUNCIL, COMMITTEES AND OTHER BODIES ARE OPEN TO THE PUBLIC, OR THE MINUTES OF SUCH MEETINGS ARE ACCESSIBLE FOR PUBLIC:
Under Section 7 of the Minimum Wages Act, 1948 the State Government re-constituted the Minimum Wages State Advisory Board. The function of the Board is to hold enquiries and advice the Government regarding fixation and revision of Minimum Wages.
The Commissioner & Secretary, Labour Department is the Chairman of the Board and Labour Commissioner is the Member Secretary alongwith a host of Menbers from various organizations/Government Department.
Manual-IX
Directory of its officers & employees:
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Manual-X
The monthly remuneration received by each of its officer & employees including the system of compensation as provided in regulations:
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Manual-XI
THE BUDGET ALLOCATED TO EACH AGENCY INDICATING THE PARTICULARS OF ALL PLANS, PROPOSED EXPENDITURES AND REPORTS ON DISBURSEMENT MADE:
| Sl. No. | Name of Scheme/Work | BE 2017-18 |
| 1 | 2 | 3 |
| 1 | (i)Promote Entrepreneurship & Capacity Building measures (under Nagaland Shops & Established Acts, 1986 & corresponding Rules) (ii)Capacity building of departmental office & staffs (iii)Computerization |
5.00
10.00 |
| 2 | (i)Implementation of Acts & Rules (ii)Organizing of Awareness programme on various Acts & Rules |
50.00 5.00 |
| 3 | (i)Survey (ii)World Day against Child Labour (iii)Implementation of unorganized Workers Social Security Act, 2008 & functioning of Nagaland State Social Security Board |
12.00 6.00 10.00 |
| 4 | (i)Major Accident Hazard Control (ii)Training & Examination |
6.00 8.00 |
| 5 | (i)National Safety Day & National Safety Awards to Industrial Workers | 6.00 |
| 6 | (i)Upgradation of 4 (four) Labour Welfare Centre at Dimapur, Tuli, Wazeho and Doyang Hydro Electric Project | 25.00 |
| 7 | (i)Construction of Assistant Labour Commissioner Office, Labour Court and Labour Welfare Centre at Dimapur.Construction of boundary fencing and protection wall at Assistant Labour Commissioner Office, Phek. |
200.00
45.00 |
| Total:- | 395.00 |
Manual-XII
Implementation of subsidy programmes:
There is no subsidy programme executed by the office of the Joint Labour Commissioner, Nagaland, Kohima.
Manual-XIII
Particulars of recipient of concessions, permits or authorization granted by aid:
The Office of the Joint Labour Commissioner, Nagaland does not execute any Programme relating to concessions, permits or authorization granted by it.
Manual-XIV
Details information available to, or held by its reduced in an electronic form:
At present, the information relating to various Schemes under the organisation of the Joint Labour Commissioner, Nagaland have not been made available through electronic format.
Manual-XV
Facilities available to citizens for obtaining information:
Means, methods or facilities available to the public adopted by the Department for Dissemination of information are: –
Inspection of records in the office and system of issuing of copies of documents. Printed Manual available.
Manual-XVI
Names designations for P.I.O:
THE NAMES, DESIGNATION AND OTHER PARTICULARS OF THE
PUBLIC INFORMATION OFFICERS
| Government Level | Appelate Authority | Public Information Officers (PIO) | Asstt. Public Information Officer (APIO) |
| 1 | 2 | 3 | 4 |
| Secretariat | Smti.Anenla T.Sato Commissioner & Secretary to the Government of Nagaland, L&E,SD&E Deptt. |
Shri.Mudongoyi Chuzo, Dy. Secretary, to the Government of Nagaland, L&E,SD&E Deptt. |
Shri.Lanuyapang Section Officer to the Government of Nagaland, L&E,SD&E Deptt. |
| Directorate | Er.L.Nungshiyanger Aier Labour Commissioner |
Shri.Lanusungkum, Registrar, Directorate of Labour, Nagaland, Kohima. |
SmtiAvile Vitso, Asstt. Labour Commissioner, Kohima |
| -NIL- | Shri.Kovohol Theyo, Labour Inspector, District Office, Phek | ||
| Shri.Temang Konyak, Asstt. Labour Commissioner, District Office, Dimapur |
Shri.Yolise Sangtam, Labour Inspector, District, Dimapur | ||
| Shri.kewekote Teno, Asstt. Labour Commissioner, District Office, Kohima |
-NIL- | ||
| Smti.Moanaro, Asstt. Labour Commissioner, District Office,Mokokchung |
Shri.Talitemjen, Labour Inspector, District, Mokokchung |
||
| Shri.Rolongse Sangtam, Asstt. Labour Commissioner, District Office,Tuensang |
-NIL- | ||
| Shri.Renchamo Ngullie, Asstt. Labour Commissioner, District Office,Wokha |
-NIL- | ||
| Shri.Thungbemo, Asstt. Labour Commissioner, District Office,Longleng |
-NIL- | ||
| Smti.Visakhonuo Asstt. Labour Commissioner, District Office,Mon |
-NIL- | ||
| Shri.Watitemsu, Asstt. Labour Commissioner, District Office,Peren |
-NIL- | ||
| Smti.Moanaro, Asstt. Labour Commissioner. Addl. Charge, Zunheboto | -NIL- | ||
| Shri.Thsepenthi, Asstt. Labour Commissioner, District Office, |
-NIL- | ||
| -NIL- | Smti.Toshimenla, Peshkar, Labour Court, Dimapur |
MANUAL � XVII:
SUCH OTHER INFORMATIONS AS MAY BE PRESCRIBED AND THEREAFTER UPDATED EVERY YEAR:.
1.WITH RELATION TO TRAINING IMPARTED TO PUBLIC AUTHORITY
- Under the organization of the Labour Commissioner, Nagaland, there are 3 (three) Labour Welfare Centres one each at Dimapur, Tuli (Mokokchung) and Wazeho (Phek). These Centres provide free and basic training in the trades of Knitting, Tailoring and Embroidery to the dependents of Industrial workers and their family members.
- The training is meant for short duration of 8 months.
- The objective of the training is to bring upliftment of the economic status of the workers and their family members thereby imbibing into them the spirit of confidence, trust and cooperation in the society.
- Physical and financial targets-
It is estimated that each year above 20 trainees will be imparted training in each of these Centres.
But due to the lack of infrastructure and others, most of these Centres are not functioning up to expectation of the public. Steps are however being taken to provide more funds for these Centres.
- All dependents of industrial workers and their family members with or without any qualification can attend the training.
- No grant or scholarship is provided to the trainees. However, no fee is charged for the training.
- For more information regarding the training, the workers or their family members can contact the above Centres or the Assistant Labour Commissioner, Dimapur, Mokokchung, Phek and Wokha.
- Certificates will be given at the completion of the course.
- The Labour Welfare incharge in the Centre is responsible for creating public awareness about the training programme.
WITH RELATION TO REGISTRATION PROCESS – THE FOLLOWING ARE REQUIRED TO REGISTER UNDER THE OFFICE OF THE LABOUR COMMISSIONER NAGALAND.
- Registration of Establishment namely shops, commercial establishment or an establishment for public entertainment or amusement Under the Nagaland Shops and Establishment Act 1986.
2. Registration of Principal Employers and Contractors Under the Contract Labour (Regulation and Abolition) Act, 1970.
- The objectives of registration of the above establishment and principal employers and contractors is for proper implementation of the Labour Acts.
- The applications for registration or for the renewal of registration of Shops & Other Establishments should be made to the Assistant Labour Commissioners of the respective districts.
- The application for Registration of Principal employer under the Contract Labour (R & A) Act, 1970 should be made to the Deputy Labour Commissioner cum registering officer, Office of the Labour Commissioner, Kohima. Under the registered principal employer, Contract Labour License can be obtained from the Assistant Labour Commissioners of the concerned district in which contract labour is to be employed.
- The fees payable for registration or for renewal or registration shall be as such as may be prescribed under the Rules.
- The certificates issued will remain valid for a period of one year.
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