Quasi-Judiciary Functions Of The Department
- THE BUILDING & OTHER CONSTRUCTION WORKERS (RE&CS)
The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 hereinafter referred to as BOCW (RE&CS) Act,1996, is an Act to regulate the conditions of employment and services of persons engaged in building and other construction works. State Governments have been advised regularly by Government of India to frame corresponding State Rules for effective implementation of this Act.
In the matter of WP(C) No (S) 318 of 2006, National Campaign Committee for Central Legislation on Construction Labour Vrs. Union of India and Others, the Hon’ble Supreme Court, issued notices to Centre and all States/UT’s for immediate implementation of the above Act. In order to fulfill the mandate of the Hon’ble Supreme Court, the Department has got the Nagaland BOCW (RE&CS) Rules, 2010 approved from the Cabinet. The Board is coming up with capacity building training programme to train the local work force in different trades under construction sector.
- THE WORKMEN’S COMPENSATION ACT, 1923.
With increasing use of numerous machinery and equipments in industries, the danger of accidents to the workmen has increased and there are reports of accidents involving both fatal and non-fatal injuries. Therefore payment of compensation under Workmen’s Compensation Act, 1923, is one of the major programmes in the field of Labour Administration. The object of the Act is to impose an obligation upon the employers to pay compensation to the workers for accidents arising out of and in the course of employment, resulting either in death or total/partial disablement. Compensation is also payable for some occupational diseases contracted by workmen during the course of their employment.
- THE MINIMUM WAGES ACT, 1948.
The principles governing fixation of minimum wages are based on ethical consideration and not on any economic ground. It has no reference either to the value of the work done by the workers or to the capacity and kind of Industry but applies to all alike, big or small. It sets the lowest limit below which the wages cannot be allowed to sink in all humanity.
The present rates of Minimum Wages as fixed by the State Advisor Board with effect from 15th June 2012 are as follows:-
- Skilled Labour (Grade – I) = `145/-
- Skilled Labour (Grade – II) = `135/-
- Semi – Skilled Labour = `125/-
- Unskilled = `115/-
- THE TRADE UNIONS ACT, 1926.
The Trade Union Act, 1926, provides the workmen right to form unions in order to regulate workers and to have collective voice to fight against exploitation. Genuine workers unions are registered under the Labour department by the Labour Commissioner cum Registrar of Trade Unions as per the provisions of the Trade Unions Act, 1926. The Nagaland Trade Unions Regulations, 1980 regulate the workings of registered trade unions in the state. The department is closely monitoring the functioning of the existing trade unions in our state. Meetings with the union members are held prior to registration so that the unions once registered will strictly adhere to the approved constitution framed by the unions themselves and also to brief them on the directives given by the State Government from time to time.
- NAGALAND SHOPS & ESTABLISHMENTS ACT, 1986.
The Act provides for regulation of conditions of work and employment in shops and commercial establishments / establishments for public entertainment or amusement such as hours of work, leave, wages, employment of children and women, health & safety and offences, penalties and procedures. Under the Act provides that every employer shall be obligated to register his Shops and Establishments. The registration shall be renewed every 12(twelve) months. On any registration or renewal of Shops and Establishments, a certificate shall be issued to the employers by the Chief Inspector of Shops & Establishment or by persons entrusted by him for such matters, which also earns revenue.
- THE FACTORIES ACT, 1948.
The Factories Act, 1948 is one of the important Acts among the Labour Laws and it is effectively enforced in all the public and private undertakings in the state, by the department. The Act ensures adequate safety, health, welfare and working condition of the workers employed in the factory. The Act also prevents haphazard growth of factories through the provision related to the approval of plans before the erection/establishment of a factory.
Registration and grant of license being mandatory under the Act, the department is facing hindrance to register all the unit in absence of the Nagaland Factory Rules as there is no proper rules and guidelines. Beside the hindrance the department has registered a number of factories in the State, most of which are located in the foothills bordering Assam.
- THE INDIAN BOILERS ACT, 1923.
The Indian Boilers Act, 1923, the Indian Boiler Regulation 1950 and the Nagaland Boiler Rules, 1996 are effectively enforced by the Department in the State. There are about 30 (thirty) numbers of boilers and about 15 (fifteen) numbers of Thermic Fluid Heaters in the State. The department conducts periodical inspections and also inspections for and after major / minor repairs and replacements to the boilers and other thermic fluid heaters thereby ensuring working safety avoiding radical damages to properties and loss to life and limb out of the malfunctioning of such equipments in industrial units.
- THE CHILD & ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986.
This Act provides that no child under the age of 14 (fourteen) years would be allowed to work for livelihood and should be given free education. The department conducts random survey with its limited resources.
- THE INDUSTRIAL DISPUTES ACT, 1947.
The Industrial disputes Act, 1947 is an Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Besides functioning of the Tribunal and Labour Court under the provisions of the Act, the Labour Commissioner also acts as State Conciliation Officer and all the district level officers as District Conciliation Officers to settle industrial disputes from time to time.
- FUNCTIONS OF THE INDUSTRIAL TRIBUNAL.
It is mandatory under section 7(A) of the Industrial Dispute Act, 1947, that the state Government shall appoint a Presiding Officer to preside over the Industrial Tribunal in the Directorate of Labour, and whose condition of service shall be on term basis.
- FUNCTIONS OF THE LABOUR COURT.
The Department had established the State Labour Court in Dimapur under section 7 of the Industrial Disputes Act, 1947 in 1991 and is operating under a Presiding Officer to meet the legal needs of workmen. Industrial disputes relating to any matter specified in the second schedule of the said Act, which cannot be settled within the level of lower courts, can be referred to Labour Court for adjudication.