GOVERNMENT OF ODISHA

ANNUAL ACTIVITY REPORT OF LABOUR & ESI DEPARTMENT

FOR THE YEAR 2012-13

LABOUR & ESI DEPARTMENT

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ANNUAL ACTIVITY REPORT OF LABOUR & ESI DEPARTMENT

FOR THE YEAR 2012-2013 1. INTRODUCTION

1.1 The Labour & ESI Department had its original nomenclature as Labour

Employment and Housing Department. In the year 1980, the Housing wing was

separated and it became Labour & Employment Department. After restructuring of

Departments, the Employment wing has been separated from this Department &

this Department has been renamed as Labour & Employees’ State Insurance

Department vide G.A. Department Notification No. 24622/Gen. dt. 19.12.2011 read

with their Corrigendum No. 3175/Gen. dt. 10.02.2012.

1.2 It is the Nodal Department for formulating plans, policies and programmes for

development of the Labourers including child labourers (engaged under both

organized and unorganized sectors). This Department also ensure safety & security

measures in Factories & Boilers, look after social security of Industrial workers and

settle Industrial Disputes.

1.3. LABOUR & ESI DEPARTMENT AS AN ORGANISATION: -

DEVELOPMENT COMMISSIONER-CUM-

ADDITIONAL CHIEF SECRETARY

SECRETARY, LABOUR & ESI

ADDL. SECRETARY

UNDER SECRETARY A.F.A.-CUM-UNDER

SECRETARY

LABOUR COMMISSIONER, ODISSA

DIRECTOR OF FACTORIES &

BOILERS, ODISSA

DIRECTOR, EMPLOYEES STATE

INSURANCE SCHEME, ODISSA

PRESIDING OFFICER, INDUSTRIAL

TRIBUNAL, ROURKELA

PRESIDING OFFICER, INDUSTRIAL

TRIBUNAL, BHUBANESWAR

JOINT SECRETARY

UNDER SECRETARY

MINISTER

LABOUR & ESI

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1.4. The activities of Labour & ESI Department are being Implemented through 05

Heads of Departments including 2 Presiding Officers of Industrial Tribunals as

hereunder.

(i) Labour Commissioner, Odisha.

(ii) Directorate of Factories and Boilers, Odisha.

(iii) Directorate of Employees’ State Insurance Scheme, Odisha.

(iv) Presiding Officer, Industrial Tribunal, Bhubaneswar.

(v) Presiding Officer, Industrial Tribunal, Rourkela.

In addition, there are 03 (three) Labour Courts at Bhubaneswar, Sambalpur

and Jeypore headed by Presiding Officer, Bhubaneswar for adjudication of Industrial

Disputes under the Industrial Dispute Act, 1947.

2. LABOUR COMMISSIONER, ODISHA

2.1 The Labour Commissioner, Odisha is the administrative head of the Labour

Directorate. He is assisted by Joint Labour Commissioners, Deputy Labour

Commissioners, Assistant Labour Commissioners and Labour Officers at the

Directorate level. There are 7 Divisional offices at Cuttack, Sambalpur, Rourkela,

Angul, Jajpur, Kalahandi and Jeypore headed by Deputy Labour Commissioners

who are assisted by Assistant Labour Commissioners of respective Zones, District

Labour Officers, Assistant Labour Officers and Rural Labour Inspectors for effective

implementation of the programmes throughout the State.

ORGANISATION CHART OF STATE LABOUR DIRECTORATE,ODISHA & OFFICE OF

LABOUR COMMISSIONER,ODISHA

JLC, Level-I, Head Quarters

JLC, Level-II, Head Quarters

Divisions headed by DY.LCs

DLC, Cuttack DLC, Rourkela DLC, Sambalpur DLC, Jeypore DLC, Angul DLC, Kalahandi DLC, Jajpur DLC, OB&OCWW Board

ALC, Cuttack-II, ALC, Bhawanipatna ALC, Sambalpur ALC, Jharsuguda Hqrs Dhenkanal ALC, Angul

DLO, Sambalpur DLO, Jharsuguda DLO, Dhenkanal DLO, Angul DLO, Nuapada ALC, OB & OCWWB

DLO, Bargarh DLO, Deogarh DLO, Talcher DLO, Kalahandi ALC, Bolangir

LO, OB & OCWWB

DLO, Bolangir ALC, Berhampur ALC, Jeypore ALO, Dharmagarh DLO, Bouda ALO, OB & OCWWB

DLO, Sonepur ALC, Rayagada

ALC, Rourkela DLO, Chhatrapur DLO, Rayagada

ALC, Keonjhar DLO, Gajapati ALC, Balasore ALC, Jajpur

DLO, Kandhamal ALO, Gunupur DLO, Rourkela DLO, Ganjam

DLO, Keonjhar DLO, Sundargarh DLO, Balasore DLO, Jajpur

DLO, Mayurbhanj DLO, Bhadrak ALO, Champua ALO, Sundargarh ALO, Aska

ALO, Bonei ALO, Bhanjanagar ALO, Nilagiri

DLO, Malkangiri ALO, Udala DLO, Nabrangpur ALO, Karanjia

DLO, Jeypore ALO, Rairangpur

ALC, Khurda ALC, Jagatsinghpur ALO, Koraout

ALC, Cuttack-I

DLO, Jagatsinghpur Cuttack DLO, Kendrapara DLO, Nayagarh DLO, Cuttack

DLO, Puri

DLO , Khurda, BBSR

ALO, Choudwar

ALO, Balugaon

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2.2 The Labour Directorate is responsible for enforcement of 25 labour

legislations/schemes with a view to maintaining industrial peace and harmony,

regulating service conditions of workers, prevent exploitation and adoption of unfair

labour practices and ensure payment of statutory wages. The industrial Relations

Machinery and Enforcement Machinery have been streamlined and geared up to

take preventive measures to ensure industrial peace and payment of the prescribed

minimum wages to workers engaged in various scheduled employments numbering

84 including agriculture.

2.3 The industrial relations scenario during the year 2012-13 is by and large

peaceful. The year wise break up of strikes, lockouts, workers involved and man

days lost for the year 2012-13 and previous year is given below:

Year No. of strikes

No. of Lockouts

Workers involved Mandays lost Industrial disputes settled

Failure Report under

consideration Strike Lockout Strike Lockout

2011-12 2 2 220 970 1640 10385 64 176

2012-13 5 Nil 646 Nil 4814 Nil 92 116

2.4 Total number of complaints disposed of by the Industrial Relation Machinery

during 2012-13 is 1061 and during 2011-12, 1765 number of complaints have been

disposed of.

2.5 The scheme of workers participation in the management of Industrial sectors

has been implemented in 85 establishments.

2.6 The Inter-State Migrant Workmen (Regulation of Employment and Condition

of Service) Act,1979 has been implemented in right earnest during the year 2012-13.

The activities & achievements made under the Inter State Migrant Workmen

(Regulation of Employment and Condition of Service) Act, 1979 during the year

2012-13 and the previous year is given below:

Year Prosecutions filed against the offenders

Inspection Conducted

license issued for recruiting and drafting of migrant

workmen to outside State.

Registration Certificate issued for recruitment and

drafting of migrant workman form outside

State

2011-12 45 258 2395 92

2012-13 32 165 2869 100

To check the migrants, a CELL has been constituted in the office of Labour

Commissioner, Odisha.

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2.7 The activities & achievements made under Odisha Shops & Commercial

Establishment Act, 1956 during the year 2012-13 and previous year is given below.

Year Establishment

Covered Inspection Conducted

Prosecutions filed for

violation of Act.

2011-12 32085 3654 207

2012-13 36156 3172 71

2.8 The activities & achievements made under Contract Labour (Regulation &

Abolition) Act, 1970 for the year 2012-13 and the previous year is given below.

Year Principal

Employees registered

License issued to the contractors

Inspection Conducted

Prosecutions filed for

violation of Act.

2011-12 2115 24836 1764 68

2012-13 2243 26674 1357 12

2.9 The activities & achievements made under Beedi and Cigar Workers

(Condition of Employment) Act, 1966 during the year 2012-13 and previous year

is given below.

Year Establishment

Covered Establishment

obtained License Inspection Conducted

Prosecutions filed

2011-12 503 452 91 Nil

2012-13 503 451 71 Nil

2.10 The activities & achievements made under Motor Transport Workers Act,

1961 during the year 2012-13 and previous year is given below.

Year Establishment

Registered Inspection Conducted

Prosecutions filed

2011-12 2514 332 2

2012-13 2514 147 Nil

2.11 The activities & achievements made under Payment of wages Act, 1936 for

the year 2012-13 and the previous year is given below.

Year Establishment

Covered Inspection Conducted

Prosecutions filed against the defaulting

establishment 2011-12 53130 5441 540

2012-13 53130 6314 481

2.12 The activities & achievements made under Payment of Bonus Act, 1965

during the year 2012-13 and previous year is given below.

Year Establishment

Covered Inspection Conducted

Prosecutions filed

2011-12 3319 187 Nil

2012-13 3319 95 1

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2.13 Review and enforcement of minimum wages for agricultural labourers

is one of the items of 20 point economic programme. Government have attached

utmost importance for the effective enforcement of the Minimum Wages Act.

So far 84 number of employments have been scheduled under the Minimum

Wages Act for the purpose of fixation/revision of minimum rates of wages for the

employees employed therein. The State Govt. revised the minimum rates of wages

payable to the Unskilled, Semi-Skilled, Skilled and Highly Skilled categories of

employees employed in 83 scheduled employments in the whole state of Odisha at

Rs.150/-, 170/-, 190/- and 205/- (non Agriculture) per day respectively in this

Department Notification No. 8536 dtd.6.10.2012 which is effective form 9.10.2012.

Two type of wages have been fixed for agricultural sector such as non-ploughing

work at Rs.126.00 and ploughing work at Rs.150.00 per day. The 84th employment

for domestic workers was added to the schedule vide Govt. in Labour & Employment

Department Notification No.11225 dt.15.12.2009. The basic monthly rate of wages

fixed for ½ hour, 1 hour, 1½ hour, 8 hours of work per day are Rs.190/-, 340/-, 525/-

and 2340/- respectively. 15 number of scheduled employments on piece rated

wages were revised vide Notification No.12962 dt.23.12.2008 of erstwhile Labour &

Employment Department which came into force on the date of publication of the

Notification in the Odisha Gazette.

In addition to this, a special allowance called as VDA at the rate of Rs.2.50

(Rupees two and fifty) paisa only per day shall be payable to the Unskilled,

Semi-Skilled, Skilled and Highly Skilled categories of employees in all the 84

scheduled employments for every 50 point rise in All India Consumer price Index

No.(Base 2001=100) or on the expiry of every block period of two years from the

date of coming into force of the Notification on revision of wages whichever is earlier.

The activities and achievement made under MW Act, 1948 for the year

2012-13 and the previous year is given below.

Year Inspection Conducted Prosecutions

filed

Amount released and paid to the

Workers towards short payment & non payment of

wages 2011-12 10902 including 6042

inspection relating to agricultural Labourers.

393 Rs. 9,55,019.00

2012-13 11802 including 5555 inspection relating to agricultural Labourers

304 Rs. 27,00,786.84

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For effective enforcement of Minimum Wages Act, 21 number of

A.L.Os., and 33 number of R.L.Is have been appointed to help the Dist. Labour

Officers.

2.14 The activities & achievements made under Commissioner for Workmen’s

Compensation Act, 1923 for the year 2012-13 and previous year is given below.

Year Cases decided

Amount of Compensation paid to the affected workmen and their

dependents 2011-12 895 Rs. 17,37,25,799.00

2012-13 1301 Rs. 22,07,87,843.00

2.15. The activities & achievements made under Payment of Gratuity Act, 1972

during the year 2012-13 & the previous year is given below

Year Cases decided Amount of Gratuity paid

2011-12 71 Rs.49,93,038.00

2012-13 161 Rs.51,40,218.00

STATE LABOUR INSTITUTE

2.16. The State Labour Institute, Bhubaneswar is one of the premier research

Institutes in the country, a State Government sponsored autonomous body and an

NGO Registered under the Societies Registration Act, 1860 bearing No KRD-6-196-

415 of 1994-95 dated 1st February’ 1995. The Institute is constituted to meet the long

felt need and desire for promoting professional, developmental and research

activities in the field of manpower development, labour welfare publication,

information services, studies, evaluations and Management Information Services etc.

The Institute established itself into an Institute of excellence in the field of

HRD, labour research and evaluation studies and worked with international

organizations like ILO, UNICEF, Government of India and State Government.

The State Labour Institute compiles the consumer price Index Number for

Industrial Workers of Cuttack, Berhampur and Sambalpur Centres. Different

Industries of the State are utilising these Index figures for fixation/revision of the

wages of their employees. A massive awareness programme against ills of Child

Labour in particular is being conducted through State Labour Institute. The Institute

is also conducting various training programmes on Labour Laws, Survey of Child

Labour and Migrant Labour.

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2.17. NATIONAL CHILD LABOUR PROJECT

24 National Child Labour Projects are operating in the districts of Mayurbhanj,

Angul, Bargarh, Deogarh, Jharsuguda, Sonepur, Bolangir, Ganjam, Rayagada,

Kalahandi, Koraput, Nowrangpur, Malkangiri, Nayagarh, Gajapati, Balasore, Cuttack,

Khurda, Nayagarh, Jajpur, Dhenkanal, Sambalpur, Sundargarh and Keonjhar with an

ultimate object of eliminating child labour from hazardous occupations through

providing non-formal education and vocational training to the identified child

labourers and mainstream them in formal education system.

The Child Labours admitted into the Special School under the National Child

Labour Project during the year 2012-13 and previous year is given below:

Year No. of Special School opened

No. of Child Labour admitted

2011-12 628 28840

2012-13 812 39409 They are provided with the Text Books, Educational materials, Vocational

materials, mid-day meal and stipend of Rs. 100/- per month per child.

2.18 ACTIVITIES AND ACHIEVEMENTS OF ODISHA BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARD.

Labour & ESI Department is the nodal Department to implement the

twin Acts, viz. the Building & Other Construction Workers (RE&CS) Act, 1996 and

the Building & Other Construction Workers’ Welfare Cess Act, 1996 in the whole

State. The Enforcement officers of the Department in their various capacities act as

Inspectors, Registering Officers, Assessing Officers, Cess Collectors, Appellate

Officers, Certificate Officers etc.

The Odisha Building & Other Construction Workers’ Welfare Board is the

Welfare Board constituted under section 18 of the Building & Other Construction

Workers (RE&CS) Act, 1996 read with Rule 249 of the Odisha Building & Other

Construction Workers (RE&CS) Rules, 2002 as amended by Odisha Building &

Other Construction Workers (RE&CS) Amendment Rules, 2008, 2010 & 2012. The

Board has its own fund in the shape of the Odisha Building & Other Construction

Workers’ Welfare Funds under Rule 263.

As per the Building & Other Construction Workers’ Welfare Cess Act every

employer in Building and Other Construction establishments except construction of

individual residence costing upto Rs.10.00 Lakh deposits cess @ 1% on construction

cost excluding the cost of land to the Odisha Building & Other Construction Workers’

Welfare Board. In case of Central / State Govt. Departments, PSUs and Local

Authority the cess is being deducted at source from the bill of the contractor /

employer and being remitted to the Board.

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The Cess so collected is deposited in the Odisha Building & Other

Construction Workers’ Welfare Fund. The Fund is the resource of the Board, out of

which different welfare measures are extended to the Beneficiaries i.e. the registered

Building & Other Construction Workers in the State.

To be a beneficiary under the Building & Other Construction Worker (RE&CS)

Act, 1996, the worker must be between 18 to 60 years of age, must have worked for

at least 90 days in a calendar year, and must have been registered with the District

Labour Officer of the area, who is authorized by the Board as the Registering Officer

for the purpose.

It is projected that about 5 Lakh building workers will be registered as

beneficiaries in the next five years. This is the first such social security scheme for

the un-organised workers working in building & other construction works in the State

of Odisha.

The Board extends the following benefits to the registered building and other

construction workers:-

i. Assistance in case of accident:

ii. Death Benefit:

iii. Pension:

iv. Medical Expenses for Treatment:

v. Loans and advances for construction of house:

vi. Financial Assistance for skill upgradation:

vii. Educational Assistance:

viii. Assistance for purchase of working tools:

ix. Assistance for funeral expenses:

x. Marriage Assistance for girl child:

xi. Maternity benefit :

xii. Assistance for purchase of By-cycle and Safety Equipments:

These financial assistances are to be paid from the funds created through

collection of 1% cess from different employers in construction sectors. Steps have

been taken for enhancement of benefits and extension of other benefits to the

registered workers.

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The achievement of the Welfare Board in the financial year 2012-13 and the previous year is as follows:

Sl. No.

Description of Activity 2011-12 2012-13

01 No. of inspections conducted 3787 2599 02 No. of notices issued 1271 1541 03 No. of P.R. submitted u/s.50 and

u/s.47.48,&49 126 48

04 No. of establishments registered u/s.7 2709 1664 05 No. of workers for whom registration is

made u/s.7 132084 67812

06 No. of Identity Cards issued 36277 39208 07 No. of cases referred to assessment

officers 111 10

08 Amount of cess collected Rs.1114063545.63 Rs.126,85,13,803.89 09 Amount of Welfare benefits extended Rs.1063323.00 Rs.40,36,674.00

2.19 RASHTRIYA SWASTHYA BIMA YOJANA (RSBY)

“Rashtriya Swasthya Bima Yojana” is a health insurance scheme

implemented by Govt. of India and Government of Odisha jointly. Government of

India funds 75% and Govt. of Odisha funds 25% of the cost for implementation of the

scheme.

The objective of RSBY is to provide protection to BPL households from

financial liabilities arising out of health shocks that involve hospitalization.

Beneficiaries under RSBY are entitled for hospitalization coverage upto Rs. 30,000/-

for most of the diseases that require hospitalization. Government has even fixed the

package rates for the hospitals for a large number of interventions. Pre-existing

conditions are covered from day one and there is no age limit. The coverage extends

to five members of the family, which includes the head of household, spouse and up

to three dependents. Beneficiaries need to pay only Rs. 30/- as registration fee while

Central and State Government pays the premium to the insurer, selected by the

State Government on the basis of a competitive bidding.

The Labour and ESI Department, is the implementing agency on behalf of

the State Government.

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2.20 Details of district wise enrollment, claims etc. under Rashtriya Swasthya

Bima Yojana as on 31.03.13

Sl No

Name of the district

Name of the Ins.

Co./Premium

BPL Population

BPL Families enrolled

No. of Claims raised

Amount of claims raised

in Rs.

No. of Claims settled

Amount of claims

settled in Rs.

1 Jharsuguda ICICI Lombard GIC Ltd. Rs. 340/-

70,558 34,280 2258 7648317 2055 6880442

2 Deogarh 64,004 30,843 4562 10183300 4205 9365050

3 Nuapada 117,647 47,007 2546 5301263 2281 4737263

4 Puri 2,49,721 131,966 10514 46783608 9413 41231608

5 Boudh ICICI Lombard GIC Ltd. Rs. 370/-

71,006 52,351 2904 7240717 2690 6460642

6 Kandhamal 118,956 83,420 5358 9466625 4625 7878625

7 Jajpur 179,224 130,299 5404 12097500 4661 9402025

8 Mayurhanj 380,109 268,827 11921 19225750 10393 16076275

1,251,227 778993 45467 117947080 40323 102031930

9 Rayagada

IFFICO Tokio GIC

Ltd. Rs. 311/-

144,013 100,862 3411 8455800 3400 8423800

10 Sambalpur 148,835 83,775 4119 15145750 3610 12520000

11 Sundargarh 217,159 151,159 14914 31793800 14552 30723300

12 Ganjam 349,436 219,421 16085 62286925 15474 58490850

13 Cuttack 226,399 135,963 2905 12308750 2711 1097050

14 Khurda 208,965 128,313 8166 60381375 7695 56172875

15 Kendrapara IFFICO Tokio GIC

Ltd. Rs. 370/-

141,002 103,600 4730 14919225 4713 14880725

16 Malkangari 117,738 88,125 6019 13768875 5990 13698375

17 Koraput 244,563 147,613 3395 8216325 3566 8154825

18 Balasore 261,459 157,691 3388 11532525 3377 11510025

2,059,569 1,316,522 67332 238809350 65088 225546825

19 Gajapati Star Health and Allied Ins. Co.

Rs. 370/-

74,128 48,229 1655 6841650 1408 4777900

20 Sonepur 86,203 58,982 3928 13752375 3631 11664550

21 Bargarh 188,333 127,138 4544 15911917 3763 11155025

22 Bolangir 219,540 165,080 3692 17930470 3324 14980150

23 Bhadrak 151,918 107,790 5137 26749275 4428 20910740

720,122 507,219 18956 81163687 16554 63488365

24 Nayagarh Royal Sundaram Rs. 370/-

200,051 93,965 6259 19517050 5982 18563800

25 Kalahandi 258,733 155,376 6378 17545575 6158 16519700

458,784 249,341 12637 37062625 12140 35083500

26 Angul New India Assurance

Co. Ltd. Rs. 370/-

129,600 103,469 4679 10510250 3125 6900075

27 Dhenkanal 143,902 112,468 3575 12020000 2553 5632940

28 Keonjhar 239,910 176,240 5468 15041950 4246 10654850

29 Nawrangpur 131,020 88,814 1804 4422950 1248 2686950

30 Jagatsinghpur 88,011 58,329 727 3588300 336 1381975

732,443 539,320 16256 45583450 11508 27256790

Total 5,222,145 3,391,395 158,990 52,10,78,442 1,45,613 42,18,32,260

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2.21 EMPANELMENT OF HOSPITALS

All Govt. Medical Colleges & Hospitals, SCB Dental College & Hospital,

Cuttack, Sardar Vallabh Bhai Patel P .G. Institute of Pediatrics, Cuttack, All District

Headquarters Hospitals, all Sub–Divisional Hospitals, all area Hospitals, all

Community Health Centres and all Block Level Primary Health Centres having

adequate functioning of indoor patient services numbering 420 and 101 private

hospitals have been empanelled for implementation of the scheme.

2.22 INFORMATION, EDUCATIONS & COMMUNICATION ACTIVITIES UNDERTAKEN

• Establishment of 24x7 call center.

• Distribution of Leaf Let

• Pre enrollment making.

• Display of banner, wall painting at Hospital wall, Block Office Wall and at

Collectorate.

• Radio advertisement (Odia and Sambalpuri dialect) for 15 days.

• Advertisement in both Electronic and Print media.

• Vinyl flex Hoarding at hospital help desk

• Involvement of NGO for awareness generation.

• State Labour Welfare Society, Odisha for RSBY has been formed and the

same has been Registered on 01.10.2010 under the Societies Registration

Act, 1860 bearing Registration No.-23216/85 of 2010-2011.

• For finalisation of modalities, review the progress of implementation and

provide better facilities to the beneficiaries of RSBY in co-ordination with the

Health and Family Welfare Department and National Rural Health Mission, a

State Level Co-ordination committee in the state level and District Level

Co-ordination Committee in the district level have been formed where the

scheme is being implemented with the following members:-

Mission Director, NRHM, Additional Secretary to Government, Health

and Family Welfare Department, Director of Health Services, State

Programme Manager, NRHM, Representative of the Insurance Company

along with Labour & ESI Department officials are the active members of the

State Level Co-ordination committee.

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The Collectors, CDMOs, ADMOs, District Programme Manager, NRHM,

Hospital Manager, District Headquarters Hospitals, District Labour Officers of

the Districts covered under RSBY and Representative of the Insurance

Company are the members of District Level Co-ordination Committee.

• In Co-ordination with the Health & Family Welfare Department and National

Rural Health Mission work shops are being conducted frequently involving

CDMOs, District Programme Managers, NRHM, Hospital Managers DHH,

District Labour Officers of the District Covered under RSBY for smooth

implementation of RSBY.

3. DIRECTORATE OF FACTORIES AND BOILERS

3.1 This Directorate is entrusted with the responsibility of implementation of

various Acts, Rules and Regulations as mentioned below relating to Safety and

Health of the industrial workers and protection of plant, process, machineries and

equipments from accidental damage.

A) Enforcement of Central Acts / Regulations

1. Factories Act, 1948

2. Boilers Act, 1923

3. Indian Boiler Regulations, 1950

B) Enforcement of Rules under the Acts

i. State Rules

1. Orissa Factories Rules, 1950

2. Orissa Factories (Control of Major Accident Hazard) Rules, 2001

3. Orissa Boiler Rules, 1971

ii. Central Rules

1. The Boiler Attendants’ Rules, 2011

2. The Boiler Operation Engineers’ Rules, 2011

C) Additional Responsibilities

1. The Building & Other Construction Workers (Regulation of Employment

and Conditions of Services) Act, 1996 [BOCW Act] Chapter-VI (Hours

of Work, Welfare Measures & Other Conditions of Service of Building

Workers) and Chapter-VII (Safety and Health Measures) only.

2. Orissa Building & Other Construction Workers (Regulation of

Employment and Conditions of Service) Rules, 2002 (Only the

provisions under Chapter VI & VII of BOCW Act).

3. Chemical Accidents (Emergency Planning, Preparedness and

Response) Rules, 1996 (limited provisions only) under Environment

(Protection) Act, 1986.

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4. Manufacture, Storage & Import of Hazardous Chemical Rules, 1989

(limited provisions only) under Environment (Protection) Act, 1986.

3.2 ORGANIZATION STRUCTURE:

This Directorate is headed by Director of Factories & Boilers. He is assisted

by two Joint Directors of Factories & Boilers, one Deputy Director of Factories &

Boilers (Safety), one Assistant Director of Factories & Boilers (Headquarters), one

Assistant Director of Factories & Boilers (Safety) and one Assistant Director of

Factories (Medical) at Headquarters Office, Bhubaneswar. Besides, for enforcement

in the field, there are seven Divisions at Cuttack, Bhubaneswar, Angul, Jajpur,

Rayagada, Rourkela & Sambalpur headed by Deputy Directors of Factories &

Boilers and twenty-two Assistant Directors of Factories & Boilers are working under

their control at different Zones throughout the State.

3.3 AIM AND OBJECTIVE :-

The basic aim and objective of the Directorate is to enforce the above

legislations for securing safety, occupational health, work environment, welfare

and working condition in factories. With the advent of new technology, innovation

and modernization, the work of this Directorate has increased multi-fold over the

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last decade. Further, several chemical factories have come up in the

State handling hazardous and toxic substances which has been a challenge for

the enforcement mechanism to handle such complex matters in enforcement of

Industrial Safety and Health. The Directorate is consistently putting its untiring

effort to safeguard life and property of industrial workforce.

The Directorate is bestowed with the additional responsibility of developing

Disaster Management system in Major Accident Hazard as well as Accident-

prone factories of the State to prevent and mitigate Chemical and Industrial

Disasters.

Besides, the legislations regulating Safety in Design, Manufacture, Quality

assurance, Installation, Erection, Operation, Repair, Maintenance and

Certification aspects of Boiler plants along with its connected Pipelines and

equipments thereof is also a major responsibility assigned to the Directorate.

3.4 PROGRAMMES :

For proper enforcement and implementation of the existing Acts and Rules,

the following programmes have been devised by the Directorate.

A. HEADQUARTERS

• Scrutiny of plans, technical specifications and documents along with

Safety & Health Policy, Material Safety Data Sheet, Process Flowchart,

On-site Emergency Plan, etc. for the purpose of Approval, Registration

and Licensing of factories under the Factories Act, 1948

• Scrutiny of design, drawings, technical specifications and documents in

respect of boilers, steam pipelines and related equipments under Indian

Boiler Regulations for the purpose of registration and certification.

• To review and analyse accidents and dangerous occurrences and suggest

remedial measures.

• To assess performance of Safety Officers deployed by different factories

for acceptance under the Factories Act.

• To review On-site Emergency Plan and detailed Disaster Control

measures and assess its workability for acceptance by Authority.

• To carry out technical competency and assessment of persons /

Institutions for recognition as Competent Person in respect of Stability of

Buildings and Structures, examination and testing of Hoists, Lifts, Cranes

and other Lifting Machines, Pressure vessels, Piping and plant thereof,

Confined space containing Dangerous fumes, Ventilation systems,

Process of sand blasting, Asbestos processing, etc.

• To ensure medical examination and surveillance of industrial workers

exposed to hazardous work environment.

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• To ensure monitoring of work environment in different processes involving

dust, fume, hazardous chemicals, noise, etc.

• To assess Safety and Health Management System in different factories of

the State.

• To scrutinize Safety Audit Reports and ensure compliance.

• To assess technical competence of firms / persons for recognition as

Boiler Manufacturer / Erector / Repairer under Indian Boiler Regulations,

1950.

• To conduct Boiler Operation Engineer / Boiler Attendant / Welder

Certification Examination for the purpose.

• To conduct various promotional programmes such as training, seminar,

workshop on safety and occupational health.

• To carry out periodic review and performance assessment of field officers.

B. FIELD (Zonal ADF&Bs and Divisional DDF&Bs)

• To inspect all Factories at least once in a year.

• To impart special thrust on all accident-prone and 2(cb) category Factories

(i.e. the factories involving hazardous processes as defined in First

Schedule).

• To ensure compliance by periodic check-up and initiate appropriate action

against the recalcitrant occupiers and managers.

• To inspect Boilers along with the attached steam pipelines and

equipments thereof periodically and also when needed.

• To provide advice on proper repair and maintenance of boilers as and

when required in the event of detection of defect or failure.

• To investigate accidents and dangerous occurrences and take appropriate

action.

• To enquire into the complaints and take remedial measures.

• To detect registrable-unregistered factories for registration and licensing

under Factories Act.

• To detect crude steam generating devices used in factories and other

places and take appropriate action for its dismantling.

18

STATISTICS ON DIFFERENT ACTIVITIES :

A statement with details of information under both Factories Act and Boilers

Act during the year 2012-13 and the preceding four years is furnished below.

3.5 REGISTERED FACTORIES

Year Total number of registered factories

2008-09 3179 2009-10 3285 2010-11 3369 2011-12 3512 2012-13 3611

3.6 REGISTERED BOILERS

Year Total number of Registered boilers 2008-09 1348 2009-10 1502 2010-11 1614 2011-12 1714 2012-13 1810

19

3.7 TRAINING FOR INDUSTRIAL WORKERS

Year Number of training programmes conducted

No. of persons benefited

2008-09 1485 48,912 2009-10 1993 82,037 2010-11 2273 92,739 2011-12 2564 1,01,981 2012-13 2791 1,19,367

3.8 HEALTH CHECK-UP

Year Total number of workers undergone health Check-up

2008-09 79,813 2009-10 1,02,249 2010-11 1,55,504 2011-12 1,63,239 2012-13 1,98,981

20

3.9 ASSESSMENT OF SAFETY OFFICER

Year No. of Safety Officers assessed 2008-09 5 2009-10 11 2010-11 25 2011-12 33 2012-13 77

3.10 REVIEW OF SAFETY, HEALTH & ENVIRONMENT (SHE) SYSTEM OF FACTORIES

Year No. of SHE system reviewed 2008-09 04 2009-10 09 2010-11 20 2011-12 29 2012-13 29

21

3.11 WORKABILITY OF ON-SITE EMERGENCY PLANS

Year No. of On Site Emergency Plans reviewed

2008-09 7 2009-10 11 2010-11 20 2011-12 21 2012-13 31

3.12 WORK ENVIRONMENT MONITORING

Year No. of Work Environment Monitored / Assessed

2008-09 17 2009-10 24 2010-11 45 2011-12 65 2012-13 72

22

3.13 FATAL ACCIDENTS

Year No. of fatalities

2008-09 81

2009-10 121

2010-11 90

2011-12 66

2012-13 70

3.14 LIST OF PROSECUTIONS FILED

Year No. of Prosecutions filed

2008-09 64

2009-10 82

2010-11 132

2011-12 212

2012-13 196

3.15 REVENUE RECEIPT

(Fees collected under both Factories Act and Boilers Act and Rules framed thereunder towards scrutiny and approval of plans, design drawings, registration, licensing, recognition of competent persons, enrolment of boiler manufacturer, steam pipeline erector, repairer, examination fee for conducting BOE and BACC examination, etc.)

23

Year Receipts in Rupees (Lakhs) 2008-09 371.95 2009-10 431.62 2010-11 585.51 2011-12 568.02 2012-13 621.60

3.16 ACTION INITIATED BY THE DIRECTORATE:

• Identified accident-prone factories of the State and circulated the list to all

officers of the Directorate for proper enforcement and special attention in

improvement on safety and accident prevention.

• Frequent review of Safety Management System of hazardous factories done

by a team of officers.

• Prohibition orders and improvement notices served on detection of imminent

danger to human life or safety and immediate compliance ensured.

• All cases of fatal accidents reviewed by a team of officers at Head office in

presence of the senior technical officers of the management and action plan

formulated to avert similar accidents.

• All On-site Emergency Plans scrutinized, reviewed and assessed by a team of

officers of the Directorate and the workability of such plan ensured.

• Strict instructions issued to conduct mock drill in presence of field officers and

improvement brought in the system.

• The field officers are activated to conduct the meeting of District Crisis Group

in consultation with the Collector and District Magistrate concerned.

• Performance of Safety Officers assessed before acceptance.

• Some of the accident-prone factories were inspected by the Director of

Factories & Boilers and other senior officers and action taken for

improvement.

24

3.17 MAJOR DATA ON ACHIEVEMENT OF THE DIRECTORATE DURING 2012-13 : In addition to improvement in normal functioning of the Directorate with faster

approval of statutory matters, the following achievements were made during the year

2012-13.

• Due to consistent action by the officers of the Directorate with special focus

on reduction of accidents, the rate of accidents have come down as compared

to previous years.

• Instructions were given to the field functionaries to conduct periodic meeting

of District Crisis Group in consultation with the Collector and District

Magistrate and also to form Mutual-Aid Response Group at Disaster-prone

areas.

• Actions made for appointment of competent supervisors in handling

hazardous processes as per the legal provisions.

• Review and assessment of Safety Officers, Competent Persons, Safety and

Health Policy, Safety Audit Reports, Emergency Planning, Fatal accidents and

Dangerous occurrences, etc. relating to improvement in Safety Management

System were made by a team of officers at Headquarters and improvement

brought in this direction.

25

4. DIRECTORATE OF EMPLOYEES’ STATE INSURANCE SCHEME

4.1 The ESI scheme is a multipurpose Health Insurance and Social Security

Scheme for industrial workers and their family members under the ESI Act, 1948.

The ESI Scheme was implemented in Odisha in January, 1960 with six

Dispensaries at Brajarajnagar, Rajgangpur, Choudwar, Barang, Rajabagicha and

Khapuria covering a total number of 23000 Industrial workers. Full medical care was

introduced with effect from 01.09.1976. Now the ESI Scheme provides full medical

care to 3,29,400 Insured Persons and their family members through a network of 5

ESI Hospitals and 46 ESI Dispensaries & 2 annexed wards in 20 Districts of the

State. Besides, there is a 50 bedded ESIC Model Hospital at Rourkela which is

directly managed by ESI Corporation.

The ESI Act applies to all factories / establishment employing 10 or more

persons and drawing wages upto Rs. 15,000/- per month. The employees covered

under the ESI Act are known as Insured Persons. The covered employees (Insured

Persons) contribute 1.75% of their wage whereas his employer contributes 4.75% to

ESI Corporation.

The ESI Corporation has prescribed a ceiling of Rs. 1,500/- on expenditure on

medical care per Insured Persons per annum. The per capita expenditure up to the

ceiling is shared between the ESI Corporation and the State Government in the

agreed ratio of 7:1 whereas the expenditure beyond the ceiling is entirely borne by

the State Government.

The ESI Scheme is headed by a Director and assisted by one Joint Director,

two Deputy Directors, One Assistant Director, One Accounts Officer, One Insurance

Medical Officer and One Establishment Officer in the Headquarters’ Office at

Bhubaneswar. In the Field Organization there are three Joint Director-cum-

Superintendents at ESI Hospital, Choudwar, ESI Hospital, Kansbahal and ESI

Hospital, J.K.Pur and two Superintendents at ESI Hospital, Bhubaneswar and

Brajarajnagar working for effective supervision of Health Care to beneficiaries of the

Hospitals and Dispensaries. 109 Doctors, 85 Nurshing Personnels, 72 Pharmacists,

29 Laboratory Technicians, 6 other Technicians, 99 other Class-III and 261 Class-IV

staff are in position in the ESI Hospitals and Dispensaries for providing medical care.

26

NORTH ZONE Joint Director-cum- Supdt., ESI Hospital,

Kansbahal

DIRECTORATE OF EMPLOYEES’ STATE INSURANCE SCHEME,

ODISHA. ORGANIZATION STRUCTURE

Director, ESI Scheme (HQ)

Joint Director Level-I

Deputy Director (Central Medical)

Insurance Medical Officer

Assistant Director

(Field Establishment)

Accounts Officer (Budget & Audit)

Establishment Officer (Office

Establishment)

Deputy Director

(Development)

CENTRAL ZONE Joint Director-cum- Supdt., ESI Hospital,

Choudwar

SOUTH ZONE Joint Director-cum- Supdt., ESI Hospital,

J.K. Pur

2 ESI Hospitals, 2 Annexed

Wards & 15 ESI Dispensaries

2 ESI Hospitals, 24 ESI

Dispensaries

1 ESI Hospital, & 7 ESI

Dispensaries

27

4.2 AIDS CONTROL PROGRAMME.

One AIDS Cell has been set up at E.S.I. Directorate for implementation of

AIDS Control programme which is fully financed by National AIDS Control

Organization (NACO). One STD (Sexually Transmitted Disease) Laboratory and

Clinic is functioning at E.S.I. Hospital, Bhubaneswar which is being upgraded to

V.C.T.C.(Voluntary Counselling and Testing Centre)

4.3 HOSPITAL WASTE MANAGEMENT.

The Hospital waste management has been entrusted to M/s. SANICLEAN(P)

Ltd. on contractual basis for E.S.I. Hospital, Choudwar (100 beds) and E.S.I.

Hospital, Bhubaneswar (50 beds) since 8/2004 as per the guide lines of Odisha

Pollution Control Board.

4.4 ESTABLISHMENT OF ESI MEDICAL COLLEGE & HOSPITAL AT BHUBANESWAR, DENTAL COLLEGE & NURSING TRAINING AT ROURKELA.

The Government of Odisha have provided Ac. 25.00 of land at Mouza

Jagannath Prasad, Bhubaneswar in favour of ESI Corporation for construction of ESI

Medical College. Construction of the boundary wall has been completed. Similarly

proposal has been made to ESI Corporation to take steps for opening of a Dental

College & a Nursing Training College at Rourkela, which are under consideration.

4.5 MEDICAL CARE ACHIEVEMENT DURING THE PERIOD 2012-13 AND THE PERVIOUS YEAR IS GIVEN BELOW:-

Sl. No. Description of Activity 2011-12 2012-13 1. No. of patients treated in outdoor 841176 833660 2. No. of patients treated in indoor 6776 7234 3. No. of Laboratory Examination done 93924 58975 4. No. of X-Ray done 2455 1707 5. No. of patients referred for specialist service 22757 23805 Family Welfare Activities

1. Vasectomy 17 12 2. Tubectomy 48 57 3. I.U.D. 42 36 4. M.T.P. 65 80 5. Oral Pills 6081 4685 6. Nirodh 9672 10702 Immunization Programme 1. B.C.G. 1140 1464 2. Polio 6136 6134 3. D.P.T. 6071 6299 4. T. Toxied 12064 8467 5. Measles 689 488

28

4.6 ACHIEVEMENTS MADE DURING THE YEAR 2012-13.

• The ESI Corporation is launching Project Panchdeep for computerization of

the entire system of ESI Programme and issue of Smart Card to Insured

Persons through WIPRO. Training of Employees on this project is going on.

• In order to extend the benefit of ESI Scheme, it has been proposed to open

new ESI Dispensaries at Kaniha, Chhendipada in the district of Angul,

Khuntuni in the district of Cuttack and Lanjigarh in the district of Kalahandi

during the year 2012-13.

• Hospital Development Committee have been set up in four ESI Hospitals

under the Chairmanship of respective Superintendents and comprising of

Employers and Employees Representatives. All the repair and maintenance

work of ESI Hospital buildings and equipments are being taken up under the

supervision of Hospital Development Committee.

29

5. INDUSTRIAL TRIBUNALS AND LABOUR COURTS 5.1. PRESIDING OFFICER: INDUSTRIAL TRIBUNAL: BHUBANESWAR

In a vast populous Country like India, the overall economic parmeters of its

people rests mainly on small, medium and large scale Industrialization. Rapid

industrialization during last few decades brought in its fold right to collective

bargaining guaranteed under our Constitution. Unless disputes and differences

arising from Industrial Relations system are addressed, settled amicably or being

adjudicated upon timely, peacefully and justifiably, industrial peace, tranquility,

productivity and harmony can not be ensured. Taking cognizance of such objectives

and obligations in the field of Industrial Scenario, the State Government of Odisha in

their erstwhile Labour and Employment Department (now renamed as Labour and

E.S.I. Department) have constituted this Industrial Tribunal with head-quarters at

Bhubaneswar and three Labour Courts each at Bhubaneswar, Sambalpur and

Jeypore for adjudication of Industrial Disputes referred to the them under the

Industrial Disputes Act, 1947. An officer belonging to the Orissa Superior Judicial

Service and three officers of the Orissa Judicial Service on deputation have been

appointed as the Presiding Officers of the Industrial Tribunal and Labour Courts

respectively to adjudicate upon such Industrial Disputes. Further, the Presiding

Officer, Industrial Tribunal, Bhubaneswar has also been designated as the Chairman

of the Medical Appeal Tribunal under the E.S.I. Act, 1948. The cases are being

disposed off by the Presiding Officers after hearing the parties both at their

respective head-quarters as well as by holding Circuit Courts as far as practicable

according to the convenience of the Parties and Courts. The Cases instituted,

disposed off and pending in the Industrial Tribunal, Bhubaneswar and three Labour

Courts during the Financial Year 2012-13 are enumerated below:-

Sl. No.

Name of the Court

B.F. of the

previous year

Instituted during

the year

Total Disposed of during the

year

Pending at the end

of the year

1 2 3 4 5 6 7

1 Presiding Officer, Industrial Tribunal, Bhubaneswar

210 87 297 72 225

2 Presiding Officer, Labour Court, Bhubaneswar

535 78 613 311 302

3 Presiding Officer, Labour Court, Sambalpur

96 39 135 66 69

4 Presiding Officer, Labour Court, Jeypore.

217 71 288 106 182

30

5.2. PRESIDING OFFICER: INDUSTRIAL TRIBUNAL: ROURKELA

The Industrial Tribunal, Rourkela has been constituted as separate Heads of

Department, by the Government during the Financial Year 1996-97, for Adjudication

of Industrial Disputes referred by the State Government and also other

miscellaneous cases filed by the parties arising out of Industrial Disputes Act, 1947.

The territorial jurisdiction of the Presiding Officer, Industrial Tribunal, Rourkela

covers districts of Sundargarh, Sambalpur, Baragarh, Deogarh, Jharsuguda,

Sonepur, Bolangir, Nuapada, Kalahandi and Keonjhar. An Officer of Superior

Judicial Services (Sr. Branch) is functioning as Presiding Officer, Industrial Tribunal,

Rourkela. The cases are being disposed of after hearing the parties at the Head

Quarter as well as at Circuit Courts as far as practicable according to the

convenience of parties. The post of Presiding Officer is vacant since 01.11.2008.

Now, the Asst. Labour Commissioner, Rourkela has been kept in Administrative

charge of Office of the Presiding Officer, Industrial Tribunal, Rourkela.

This Directorate is a Judicial Organization which adjudicates Industrial

Dispute Cases. No other developmental scheme is under-taken through this

directorate.

The cases instituted, disposed of and pending during the Financial Year

2012-13 are given below:

Statement Showing the Number of Cases Instituted and Disposed of During the Financial Year, 2012-13.

Period U/S 10 & 12 of I.D. Act

U/S 33 of I.D. Act

Restoration Misc. Cases

Total

1 2 3 4 5

Cases pending as on 31.03.2012.

125 234 9 368

Cases instituted during the period from 01.04.2012 to 31.03.2013.

1 1 Nil 2

Cases disposed of during the period from 01.04.2012 to 31.03.2013.

6

4 Nil 10

Total Pending as on 31.03.2013

120 231 9 360