The Sikkim Labour Protection Act, 2005

Act 20 of 2005

24/9/05

The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of September, 2005 is hereby published for general information:- THE SIKKIM LABOUR PROTECTION ACT, 2005 (Act No. 20 of 2005) AN ACT to regulate the employment and conditions of services of employed worker / labour and individual worker / labour and to protect from exploitations and for statistical purpose, by registration of individual worker / labour and to make provisions for certain matters in the interest of public order thereto. Whereas it is expedient to regulate the employment and conditions of services of worker/ labour and to protect from exploitations and for statistical purpose, by registration of individual worker / labour and to make provisions for certain matters in the interest of public order there to: Be it enacted by the Legislature of Sikkim in the Fifty- sixth Year of th

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S.Chapter I

S.Chapter II REGISTRATION

S.3 Appointment of Registering Officers.

The State Government may, by notification in the Official Gazette;—

(a) appoint such persons, being Group B Officers of Government, as it thinks fit to be Registering Officers for the purposes of this Chapter and
(b) define the limits, within which a Registering Officer shall exercise the powers conferred on him by or under this Act.

S.4 Registration of individual workers.

(1) Every Principal Employer / Employer / Contractor / Owners of an establishment to which this Act applies shall, within such period as the State Government may, by Notification in the Official Gazette, fix in this behalf, make an application to the Registering Officer, in such forms and manner and on payment of such fees as may be prescribed, for the registration of all individual workers employed.

(2) Every individual workers or, bazar porters, carpenters, masons, rag picker, quilt maker, plumbers, fitters, cooks, waiters, chanawalas, electricians, drivers (other than government drivers), gothalas, domestic servant, mechanic, barbers, cobblers, hawkers, umbrella repairers, scrap paper and bottle collectors etc. who are working independently to whom this Act applies, shall within such period, as the State Government may, by notification in the Official Gazette, fix in this behalf, make an application to the Registering Officer, in such form and manner and on payment of suc

S.5 Revocation of registration in certain case.

If the Registering Officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any worker has been obtained by misrepresentation or suppression of any material fact or that for any other reason the registration has become useless or ineffective and therefore, requires to be revoked, the Registering Officer may, after giving an opportunity to that worker to be heard and with the previous approval of the Government, revoke by order in writing the registration and communicate the order to worker and / or employer.

S.6 Prohibition of against employment of workers without registration.

(1) No Principal Employer / Employer / Contractor / Owner of an establishment to which this Act applies shall employ worker in the establishments unless a worker possesses a ****[token or receipt of application] under this Act .

(2) No individual worker or, bazar porters, carpenters, masons, rag pickers, quilt makers, plumbers, fitters, quilt makers, cooks, waiters, chanawalas, electricians, drivers (other than government drivers), gotholas, domestic servant, mechanic, panwalas, barbers, cobblers, hawkers etc. to which this Act applies shall be allowed to work in Sikkim, unless he or she possesses a *[token or receipt of such application] issued under this Act.

**** Substituted vide Act No. 12 of 2007 published in Sikkim Government Extraordinary Gazette No 156 dt. 21.4.2007

* Substituted Vide Act No. 12 of 2007 published in Sikkim Government Extraordinary Gazette No 156 dt. 21.4.2007

S.7 **** [Application for Renewal.]

The *[token or receipt of such application] of workers granted under clause (a) of sub- section (3) of Section 4, shall be valid up to the end of Financial Year for which it is granted.

An application for renewal shall be submitted not less than fifteen (15) days before the date of expiry of the * [token or receipt of such application] or of renewed registration with token number as the case may be, and shall be accompanied by such fees as any be prescribed.

* Substituted Vide Act No. 12 of 2007 published in Sikkim Government Extraordinary Gazette No 156 dt. 21.4.2007

S.8 Appeals .

(1) Any person aggrieved by an order of the Registering Officer refusing to grant *[ token or receipt of such application] or by an order of the Registering Officer revoking *[ token or receipt of such application may prefer an appeal against the Order to the Secretary in the Department of Labour, Government of Sikkim within thirty days from the date of communication of the order of refusal or revocation, as the case may be, provided an appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the Secretary that he was prevented by sufficient cause from preferring the appeal within the said period.

(2) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished by the appellant and by such fees as may be prescribed.

(3) No appeal filed under this section shall be disp

S.CHAPTER III DUTIES AND OBLIGATION OF PRINCIPAL EMPLOYER / EMPLOYER / CONTRACTORS / OWNERS OF ESTABLISHMENT OR OF INDEPENDENT INDIVIDUAL WORKERS

S.9 Duties of Principal Employer / Contractors / Owners of Establishment or independent individual workers.

(1) It shall be the duty of Principal Employer /Employer/Contractor / Owner of establishment or of independent individual workers:-

(a) to furnish such particulars and in such form as may be prescribed and shall apply to the specified authority within fifteen(15) days from the date of employment and for registration of workers;
(b) to furnish such particulars and in such form as any be prescribed to the specified authority within fifteen (15) days where any change occurs in any of the particulars so furnished;
(c) to surrender the *[token or receipt of such application] of workers in the office of Registering Officer after completion of works if any such worker leaves Sikkim on vacation or forever, as the case may be;
(d) to furnish the list of workers who have left Sikkim to the Registering Officer with a copy to nearest Police Station and area Inspector Station in such form as any be prescribed;
(e) to maintain a record

S.CHAPTER IV WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO WORKERS

S.10 Wage rates and their conditions of service of workers.

(1) The wage rates, holidays, hours of work and other conditions of service of workers shall,-

(a) In case where such worker performs in any establishment ; the same or similar kind of work as is being performed by any other worker in that establishment, be the same as those applicable to such other workers; and
(b) In a case where a male worker and a female worker do the same and similar nature of work, then the employer has to pay equal remuneration without discrimination on the ground of Sex.
(c) Every worker shall in no case, be paid less than the wages fixed as per existing policy and law of the State Government of Sikkim.
(d) If a worker works without being absent during the period of 6 (six) days consecutively in a week, he / she shall be given one paid holiday either on Sunday or any other holidays.
(e) Normal working hours of Workers shall be 8 (eight) hours a day.
(f) No person below the age of 14 (fourteen) years

S.11 Other facilities.

(1) It shall be the duty of every Principal Employer / Employer / Contractor / or the Owner of establishment, employing workers in connection with the work of an establishment to which this Act applies, -

(a) to ensure suitable conditions of work to such workers having regard to the fact that they are required to work;
(b) to provide and maintain suitable residential accommodation to such workers during the period of their employment;
(c) to provide the prescribed medical facilities to the workers, free of charge;
(d) to provide such protective clothing and other amenities to the workers as may be prescribed.

(2) In case of fatal accident or serious bodily injury to any such worker while on duty, employer is liable to give notice to the Commissioner for Workmen's Compensation, Sikkim under Section 10 (B) of the Workmen's Compensation Act, 1923.

S.12 Responsibility for payment of wages

(1) An employer / Contractor / Owner of establishment shall be responsible for payment of wages to each workers employed by him and such wages shall be paid before the expiry of period as specified in clauses. (a) and (b) of sub-section (2) of Section 10.

(2) Every Principal Employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the Contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.

(3) It shall be the duty of the Contractor to ensure the disbursement of wages in the presence of the authorized representative of the Principals Employer.

(4) In case the Contractor fails to make payment of wages within the prescribed period or makes short payment, then the Principal Employer shall be liable to make payment of wages in full or the paid balance due, as the case may be, to the workers employed by the Contractor and recover t

S.Chapter V INSPECTION AND ENFORCEMENT

S.13 Appointment of Inspectors.

(1) The State Government may, by notification in the Official Gazette, appoint such persons as it deems fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act.

(2) Subject to any rules made in this behalf, within the local limits for which he/she is appointed, an inspector may,-

(a) if he has reasons to believe that any worker is employed in an establishment, premises or place, to enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority as he thinks fit, such premises, establishment or place for the purpose of, -
- (i) satisfying himself whether the provisions of this Act in relation to the registration of workers, conditions of service, payment of wages or other facilities to be provided to such workers are being complied with ;
- (ii) examine any register or re

S.14 Inspector to be public servant.

Every Inspector or any other officer as may be appointed by the Registering Officer shall be deemed to be a 'Public Servant' within the meaning of Section 21of the Indian Penal Code, 1860.

S.15 Documents required to be produced

Any person required to produce any documents or thing or to give any information required, by the Registering Officer and Inspector shall be deemed to be legally bound to do so within the meaning of Section 175 and Section 176 of the Indian Penal Code (5 of 1860).

S.16 Application of the Code of Criminal Procedure 1973 to any search or. seizure.

The provisions of the Code of Criminal Procedure 1973 (2 of1974) shall so far may be, apply to any search or a seizure under sub-clause (iv) of Clause (a) of sub-section (2) of Section 13, as applied to any search or seizure made under the authority of a warrant issued under Section 94of the said Code

S.17 Protection of action taken on good faith.

No suit, prosecution of legal proceedings shall lie against any person for anything which is done in good faith or intended to be done under this Act or rules made there under.

S.18 Production of registers, records etc. on demand.

Every Principal Employer / Employer / Contractor / Owner of establishment and in his absence the Manager / In- charge shall on demand, produce for inspection to an Inspector all registers, records and notices required to be kept under and for the purpose of this Act.

S.Chapter VI OFFENCES, COGNIZANCE OF OFFENCES AND PENALTIES

S.19 Offences.

(1) Non compliance of any provisions of Sections 4, 6, 7, 9, 10, 11,12,15,18, 24, 25 or any other provisions under this Act shall be an offence. ** [Provided that no cognizance of offence shall be taken in this regard unless complaint in this regard has been filed:

Provided further that where an application has been made for registration or where an individual worker/worker employed voluntarily undertakes to submit necessary papers/documents for the purpose of registration, cognizance of offence shall not be taken.]

***[(2) The Authority/Registering Officer or such other officers as may be authorized in this behalf may compound any or all the offences on realization of minimum amount of fine which shall not be less than rupees one thousand from the person concerned who is accused of committing the offence or offences.]

** Inserted vide Act No. 19 of 2006 published in vide Sikkim Government Extraordinary Gazette No 3 dt. 17.1.2007<

S.20 Cognizance of offences.

Cognizance of offences committed under this Act may be taken on complaint filed before the Court of Judicial Magistrate by *[ ] an Inspector **[ or such other officer of the Labour Department as may be] appointed under this Act and such Court shall try the offence.

* Omitted vide Act No. 19 of 2006 published in vide Sikkim Government Extraordinary Gazette No 3 dt. 17.1.2007

** Inserted vide Act No. 19 of 2006 published in vide Sikkim Government Extraordinary Gazette No 3 dt. 17.1.2007

S.21 Penalties.

Any Person who contravenes the provision of this Act shall be punished according to the severity of an offence. The punishment for an offence may be categorized as follows:-

(a) Failure to comply with provisions of Section 4, 6 and 7 shall be an offence and the offender shall be punishable with simple imprisonment which may extend upto two month or a fine upto Rs.2500/- or both and in default to pay the fine simple imprisonment for a period of 20 days.
(b) Failure to comply with provisions of Section 9,10,11 and shall be an offence punishable simple imprisonment upto a period of one month or a fine upto Rs.5,000/- or both and in default imprisonment for 20 days.
(c) Failure to comply with provisions of Section 15,18, 24 and 25 shall be an offence punishable with simple imprisonment upto a period of 15 days or a fine of Rs 4,000/- or both and in default simple imprisonment for 15 days.
(d) For second and subsequent offenses by committing any o

S.22 Limitation of prosecution

No Judicial Magistrate shall take cognizance of an offence under this Act or rule or order unless complaint thereof is made within 6 (six) months from the date on which the alleged commission of the offence first come to the knowledge of **[ ]an Inspector appointed under this Act.

** Inserted vide Act No. 19 of 2006 published in vide Sikkim Government Extraordinary Gazette No 3 dt. 17.1.2007

S.23 Appeals .

An appeal shall lie to the District and Sessions Court of the respective jurisdiction if the party is not satisfied with the order of the Judicial Magistrate. The period of limitation under this Section shall be 60 (sixty) days.

S.Chapter VII MISCELLANEOUS AND SUPPLEMENTARY

S.24 Display of token number.

Every *[workers/labourers who have applied for registration] have to display their token number by wearing on chest or on shoulder and if Required shall produce such documents or record as may be the case.

* Substituted vide Act No. 12 of 2007 published in Sikkim Government Extraordinary Gazette No 156 dt. 21.4.2007

S.25 Maintenance of registers or records and display of notices.

Every Employer shall maintain such registers and records as per clause(e) of sub-section (1) of Section 9 and display on the premises / establishments or place, such notices as may be prescribed. All registers and records shall be kept on the premises of the establishment to which they relate.

S.26 Change of registration fees and renewal fees.

The registration fees of individual workers and renewal fees are subject to change by way of Notification by the Government after interval of every completion of (5) five years.

S.27 Power to make rules.

(1) The State Government may, ** [ ] make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may be made for all or any of the following matters, namely:-

(a) The form of application, form of submitting a statement, the fees and other particulars, the manner in which the registration of individual workers is to be made and form of *[token or receipt of such application] , sample of token expand fees for renewal of *[token or receipt of such application] and other relevant forms.
(b) Fixing the rate of wages.
(c) Medical assistance, first aid box, protective clothing and other amenities.
(d) Qualification of Inspectors appointed under this Act and their duties.
(e) Power of Registering Officer and duties.
(f) Register and records to be maintained and notice to be displayed.
(g) Any other

S.28 Repeal And saving

(1) All the notifications, rules and orders relating to registration of individual workers in Sikkim in force immediately before the commencement this Act are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the notifications, rules, regulations, orders on the subject, shall be deemed to have been done to taken, as far as may be, under the corresponding provisions of this Act.

S.1 Short title, extent, commencement and application

(1) This Act may be called Sikkim Labour Protection (Amendment) Act, 2008.

(2) It extends to the whole of Sikkim.

(3) It shall come into force at once.

(4) It shall apply, to all workers/labourers and individual workers/labourers working within the State of Sikkim but does not include the Muster Roll and the Work Charged workers in the Government Department.

S.2 Amendment of 2005, section 19 renumbered

In the Sikkim Labour Protection Act, the existing section 19 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered the following sub-section (2) shall be inserted, namely :-

“(2) The Authority/Registering Officer or such other officers as may be authorised this behalf may compound any or all the offences on realization of minimum of fine which shall not be less than rupees one thousand from the person concerned who is accused of committing the offence or offences.”

By Order.

R.K. PURKAYASTHA (SSJS),

L.R-CUM-SECRETARY,

LAW DEPARTMENT.

FILE NO.16 (82) LD/2008