Disclosures Under Sec 4 of Right to Information Act 2005
Labour Commissioner, Nagaland Kohima
Right to information and obligations of public authorities
(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
2.1. Objective/Purpose:
Labour is a concurrent subject under the Constitution of India and both the Central and State Governments are competent to enact legislations subject to certain matters being reserved for the Centre. The Central Government is responsible for laying down the norms and standards on matters like Industrial relations, cooperation between Labour and management, regulation of wages, conditions of work and safety, Labour welfare, social security of workers etc which appear in the Union and Concurrent lists of the 7th Schedule of the Constitution, the implementation of Labour policy is the responsibility of the State Governments. As such the objective/purpose of the Joint Labour Commissioner’s Organization is for handling of industrial relations, enforcement of various Labour Laws, promotion of Labour Welfare and providing social security to the workers.
2.2. Mission /Vision:
* Expeditious implementation of various Labour Laws for the benefits of all classes of the Labour Community of the State in matters relating to regulation of wages, condition of work, health, safety, labour welfare, social security etc and also to maintain industrial relations and harmony to keep up the production level of the state.
* Rationalization of the existing Labour Laws in tune with the future labour market needs.
* Ensure welfare of Child Labour, Women Labour, Unorganized Labour and other deprived sections of the society.
* Protection and promotion of interests of all the workers and improvements in the work culture and productivity.
2.3. History of the Labour Commissioner’s organization:
The Directorate under the Joint Labour Commissioner started from a scratch with personnels from the Gov. Civil Secretariat of Nagaland coming on deputation in 1974. One post of Labour Officer and one post of Labour Inspector were initially created for the state at Kohima. The department was gradually elevated to the post of Labour Commissioner with one Dy. Labour Commissioner and one Assistant Labour Commissioner in the directorate and District Labour Officers in the districts of Kohima, Mokokchung & Tuensang holding charge of the remaining other districts. However, after the retirement of Shri. Late Nungshi Aier the then Labour Commissioner, the post of Labour Commissioner was downgraded to the post of Joint Labour Commissioner. Since then the status of the Organisation under the Joint Labour Commissioner has not changed much except for the creation of one post of Inspector of Factories & Boilers in 1986, one post of Deputy Chief Inspector of Factories & Boilers in 1992, an Assistant Labour Commissioner Office at Dimapur in 1995 and establishment of District Offices at Wokha, Phek & Mon in 1996 and at Zunheboto in 2002.
Duties
The main duties of the organization under the Joint Labour Commissioner are to conciliate the Labour disputes and to maintain industrial relations and harmony, to enforce all the provisions of Labour Laws and implementation of Welfare schemes. The Joint Labour Commissioner’s office is also charged with the responsibility of looking onto welfare of the unorganized labour community including Child Labour, Bonded Labour, Contract Labour, Inter-State Migrant Labour etc. The Joint Labour Commissioner is the Registrar under the Trade Unions Act, 1926, the Certifying officer under the Industrial Employment (standing Orders) Act, and is the Appellate Authority under various Labour Laws. The duties of the officers and advisory rather than executive because they have to play neutral roles so that they can maintain the confidence of both employers and workers.
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Manual-II
Powers & Duties of Officers & Employees:
3.1. DIRECTORATE LEVEL
1. Designation: Joint 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 organisation.
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 Joint 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.
2. Designation: Deputy Chief Inspector of Factories & Boilers.
Administrative Power: The Deputy Chief Inspector of Factories & Boilers is the senior most officer of the office under the Joint Labour Commissioner. In the absence of the Joint 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 power is vested on him.
Duties: As the senior most Officer of the Organisation under the Joint Labour Commissioner his duties are vast. He advises the Joint Labour Commissioner on all matters concerning the office. He also assists the Joint Labour Commissioner in the day to day office works and is responsible for prompt disposal of works.
3. 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 Joint Labour Commissioner in the day to day office works and in all matters of offers views and comment in his level.
4. Designation: The Inspector of Factories & Boilers
Administrative Powers: Being the second senior most officer in the Factories & Boilers Wing, he assists the Joint Labour Commissioner and the Deputy Chief Inspector of Factories & Boilers in all matters relating to Factories and Boilers Act.
Financial Powers: No financial powers except that he is the Drawing and Disbursing Officer (DDO) and can pass salaries & wages Bills of the Staff and other sanction orders passed by the Government, Labour & Employment Department.
Duties: He is the department Nodal Officer and thus keeps track of all the files and other correspondences relating to the department. He also assists in matters relating to Inspections under the Factories & Boilers Act, and Collection of statistics.
5. 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 Joint Labour Commissioner in the day to day office works and in all matters of officer’s
views and comments in his level.
6. Designation: Office Registrar (OR)
Administrative Powers: Nil
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 all files relating to Establishment & Accounts matters of the department and is also responsible for the control of all the Office Assistants in the directorate office.
7. Designation: Superintendent
Administrative Powers: Nil
Financial Powers: Nil
Duties: 1. He is responsible for maintenance of discipline and punctuality in attendance of the staff.
2. To maintain an upto date distribution list of work among the Assistance and make arrangement for the
disposal of work entrusted to another Assistant during, absence.
3. To scrutinize the notes and drafts of assistant along with his remarks or suggestions before sending to
Officers.
8. Designation: Senior Accountant.
Administrative Powers: Nil
Financial Powers: Nil
Duties: To assists the Office Registrar and Superintendent in all day to day office works.
9. Designation: U.D.A.
Administrative Powers: Nil
Financial Powers: Nil
Duties: 1. To examine promptly all receipts made over him.
2. To point out any mistake or draw attention where necessary to the Procedure/Rules etc.
3. Prepare summary of facts in a nets sheet.
10. Designation: L.D.A.
Administrative Powers: Nil
Financial Powers: Nil
Duties: Same as U.D.Assistant a nave, but the L.D.Assistant is dealing only Simple subject/matters like putting up
simple drafts, entry of all receipts in the Receipt Registers, distribute the receipts to the dealing Assistants etc.
11. Designation: Typists
Administrative Powers: Nil
Financial Powers: Nil
Duties: To type all matters marked to him.
12. Designation: Peon
Administrative Powers: Nil
Financial Powers: Nil
Duties: 1. He should assist in any office work as may be required.
2. His main duties are to send the Files and Letters to all concerned promptly.
3.2. DISTRICT LEVEL
1. Designation: District Labour Officer
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 provisions of various Labour Laws within his jurisdiction.
2. To attend meeting and other executive matters within his District.
2. Designation: Assistant Labour Commissioner, Dimapur District
Powers & Duties: Same as the District Labour Officer of other districts.
3. 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.
Duties : Same as in the Directorate Level.
5. 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.
3.3. LABOUR WELFARE CENTRE
5. Designation: Instructor
Duties: Their duties are to teach the trainees in the trades of Tailoring, Knitting and Embroidery.
3.4. 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 Disputes Act, 1947.
Manual-III
The procedure followed in decision making process including channels of supervision and accountability:
4.1. The Minister incharge 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 Joint 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.
4.2. 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, 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.
4.3. 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.
4.4. The Commissioner & Secretary at the Secretariat level is assisted by Deputy Secretary and Under Secretary who will give their opinions and seek advises from other Departments before making any decision. The Joint Labour Commissioner (HoD) will be advised and assisted by his Officers who also offer technical devise to the decision to be arrived at.
4.5. 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 Joint Labour Commissioner. Under the Industrial Disputes Act, 1947 where any Industrial dispute 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 dispute, investigate without delay the dispute and all matters affecting the merits and the right settlement thereof. Where a settlement is arrived at, a memorandum of settlement should be prepared and signed by the parties to the dispute. Where no settlement is arrived at, the Conciliation Officer should refer the case along with a failure report to the Joint 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.
5.2. For implementation of the provisions of other labour laws, the officers declared as Inspectors under the Acts, 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.
5.3. 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 Joint Labour Commissioner. The Joint 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.
5.4. The Office of the Joint 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 Joint 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 :
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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:
The role of the Board is advisory in nature. The Commissioner & Secretary, Labour Department is the Chairman of the Board. Other members comprise of Deputy Secretary Finance, Dy. Secy. Law & Justice, Dy. Secy. Industries & Commerce, Dy. Secy. Forests, Dy. Secy. Agriculture, Dy. Secy. Veterinary & Animal Husbandry, Joint Director Statistics, President & Secretary Workers Union, Nagaland Pulp & Paper Corporation, Tuli, President & Secretary Dimapur Labour Trade Union, Member Kohima Chamber of Commerce, President & Secretary, Workers Union, Mini Cement Plant, Wazeho, Joint Labour Commissioner & Deputy Labour Commissioner.
The Board has no office/branches as the Board was constituted only for the propose of fixation/revision of the rates of minimum wages and meetings were generally held during the period of fixation/revision of the rates of minimum Wages and the minutes of the meetings prepared are available to the public. The representatives of the public mentioned above can participate in the meeting.
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:
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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
THE NAMES, DESIGNATION AND OTHER PARTICULARS OF THE
PUBLIC INFORMATION OFFICERS
Level of Government
Appellate
Authority
Puplic
Information
Officers (PIO)
Assistant Public
Information
Officers (APIO)
1
2
3
4
Secretariat
Shri R. B. Thong IAS
Commr. & Secretary.
-
-
Directorate
Shri E. Picho Ngullie
Joint Labour Commissioner
Er. Wati Aoer
Inspector of Factories &
Boilers
Shri T. Chubayanger
Project Officer
Kohima District
-
Shri C.N. Shidio
District Labour Officer
Shri. Meyitemjen
Labour Inspector
Dimapur &
Peren District
-
Shri Haizing Zeliang
Assistant Labour
Commissioner
Shri Renchamo Ngullie
Labour Inspector
Mokokchung &
Longleng District
-
Shri Imlisashi Jamir
District Labour Officer
Shri Longritemjen
Labour Inspector
Tuensang &
Kipheri District
-
Shri Rolongse Sangtam
District Labour Officer
Shri Tsepenthe Sangtam
Labour Inspector
Wokha District
-
Shri Mhonrao Lotha
Shri Ezamo Lotha
Labour Inspector
Zunheboto District
-
Smti Chubamongla
District Labour Officer
Shri Yolise Sangtam
Labour Inspector
Mon District
-
Shri Azuto Rengma
District Labour Officer
Shri Thungbemo
Labour Inspector
Phek District
-
Shri Ekahu Rosse
District Labour Officer
Shri Kewekote Teno
Labour Inspector
MANUAL – XVII:
Such other informations as may be prescribed and thereafter updated every year:.
18.1. WITH RELATION TO TRAINING IMPARTED TO PUBLIC AUTHORITY
· Under the organization of the Joint 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 dependants 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 about 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 ¾
It is estimated that each year about 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 dependants 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, The District Labour Officers of Mokokchung and Phek.
· Certificate 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.
18.2. WITH RELATION TO REGISTRATION PROCESS – THE FOLLOWING ARE REQUIRED TO REGISTER UNDER THE OFFICE OF THE JOINT LABOUR COMMISSIONER NAGALAND.
1. Registration of Establishments namely shops, commercial establishment or an establishment for public entertainment or amusement Under the Nagaland Shops and Establishments 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 establishments and Principal employers and contractors is for proper implementation of the Labour Acts.
· The applications for registration or for renewal of registration of Shops & Other Establishments should be made to the District Labour Officers 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 Joint Labour Commissioner, Kohima. Under the registered principal employer, Contract Labour License can be obtained from the District Labour Officers of the concerned district in which contract labour is to be employed.
· The fees payable for registration or for renewal of registration shall be as such as may be prescribed under the Rules.
· The certificates issued will remain valid for a period of one year.