The Sikkim Labour Protection Act, 2005

(1) This Act may be called the Sikkim Labour Protection Act 2005. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date or dates as the State Government may, by Notification in the Official Gazette appoint and different dates may be appointed for different provisions of the Act. (4) It shall apply, to all the worker/ labour and individual worker/ labour working within the State of Sikkim but does not include the Muster Roll and the Work Charged workers in the Government Departments.

In this Act unless the context otherwise requires :- (a) "Appellate Authority" means the authority as specified under Section 8 of this Act; (b) "Contractor" means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through worker or labour or who supplies worker or labour for any work of the establishment and includes sub-contractor, (c) "Establishment" means: (i) any office or department of the Government or a local authority; (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (iii) includes any individual worker/labour who provides service to the establishment or otherwise; (iv) includes but does not include the academic and technical institutions; (v) and includes the farms as competence to do such work is concerned. (d) "Government" means the State Government of Sikkim; (e) "Notification" means a notification published in the Official Gazette; (f) "Owner" means those who work in origins in bazars, godowns in establishment; (g) "Prescribed" means prescribed by rules made under this Act; (h) "Principal Employer" means: (i) In relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, specify in this behalf; (ii) In a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so named; (iii) In any establishment, any person responsible for the supervision and control of the establishment; (i) "Registering Officer" means the Officer delegated under Section 3 of the Act; (j) "Schedule" means the Schedule appended to the Act; (k) "Scheduled Employment" means an employment specified in the Schedule; (l) "Wages" means all remuneration expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment; (m) "Worker / Labour" means any person governed by Schedule Employment who is 14 years and above and any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in a managerial or administrative capacity.

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.

(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 such fees as may be prescribed, for the registration of individual workers: Provided that the Registering Officer may entertain any such application for registration after the expiry of the period fixed in this behalf, if the Registering Officer is satisfied that the applicant was prevented by sufficient cause from making the application in time: Provided further that possession of certificate of registration of labour / worker shall not confer on any individual status or claim of being an ordinary resident of the State. (3) Within a period not exceeding six months after the receipt of an application for registration under sub-section (1) or (2), the Registering Officer shall :- (a) if the application is complete in all respects, the authority may consider to keep a record in register or in such other form as may be considered expedient and may also issue either a token or receipt of such application. (b) if the application is not complete, return the application to the applicant. (4) Where, within a period of six months after the receipt of an application for registration of individual workers under sub-section (2) and (3), the Registering Officer does not grant Certificate of Registration as applied for under clause (a) of sub-section (3) and does not return the application under clause (b) of sub-section (3) the Registering Officer shall, within 60 (sixty) days of the receipt of an application in this behalf, registers the individual worker and issue the Certificate of Registration to the applicant in the prescribed form: Provided that notwithstanding anything contained in sub-section (3) and (4) an application can be made to the authority to extend the period further by another 30 (thirty) days for which necessary grounds may be indicated by the applicant and the authority also may in deserving cases extend the time by a period of 30 (thirty) days for disposal of such application. Provided further that the authority may at its discretion for reasons to be recorded may deal with applications beyond the period stipulated herein above in a manner as may be considered expedient.

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.

(1) The Principal Employer/Employer/Contractor/Owner of an establishment to which this Act applies shall not employ worker in the establishments unless a worker possesses a certificate of registration and token number 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), gothalas, 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 Certificate of Registration issued under token or receipt of application.

(1) The Certificate of Registration 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. (2) An application for renewal shall be submitted not less than fifteen (15) days before the date of expiry of the Registration Certificate or renewed registration with token number as the case may be, and shall be accompanied by such fees as may be prescribed.

(1) Any person aggrieved by an order of the Registering Officer refusing to grant Certificate of Registration or by an order of the Registering Officer revoking Certificate of Registration 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 that 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 provided. (3) No appeal filed under this section shall be disposed of until appellant is given reasonable opportunity of being heard. (4) Every order of Appellate Authority confirming, modifying, or reversing the order appealed against shall be final.

(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 may 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 Certificate of Registration 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 may be prescribed; (e) to maintain a record register with particulars of workers namely, names, father's name / husband name, sex, age, temporary address, permanent address, designation, rates of wages, date of employment, nature of work with passport size photograph.

(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; (b) In 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 shall be employed in any work. (2) The wages of every person employed in any work shall be paid before the expiry of the seventh day of the succeeding month. (a) Any establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day. (b) Any other establishment upon or in which more than one thousand persons employed, shall be paid before the expiry of the tenth day. (3) Notwithstanding anything contained in any other law for the time being in force, wages payable to worker under this section shall be paid in cash.

(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 charges; (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.

(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 authorised representative of the Principal 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 part balance due, as the case may be, to the workers employed by the Contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the Contractor.

(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 record or notices required to be kept or exhibited by the provisions of this Act or the rules made there under, and requiring the production thereof for inspection; (iii) examine any person found in any such premises, establishment or place for the purposes of determining whether such person is worker; (iv) seize or take copies of such register, record of wages or notices or particulars of workers or portions thereof as he may considered relevant in respect of an offence under this Act which he has reason to believe has been committed by principal Employer, Employer, Contractor or Owner of establishments; (v) exercise such other powers as may be prescribed: Provided that no one shall be required under this section to answer any question or give any statement tending to incriminate himself, for the purpose of investigation of offences under this Act, shall have same powers as an Officer-in-Charge of a police Station under the Code of Criminal Procedure, 1973 for investigation of cognizable offence except that he shall not have the power to arrest.

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 21 of the Indian Penal Code, 1860.

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 (45 of 1860).

The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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 94 of the said Code.

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

Every Principal Employer / Employer / Contractor / Owner of establishment shall on demand, produce or show or represent, his certificate of registration or any other notice as required to be produced for inspection to an Inspector or any officer appointed by the Government under this Act.

Non compliance of all provisions of Sections 4, or 7, 9, 10, 11, 12, 18, 24, 25 or 26 or any other provision under this Act shall be an offence.

No Court shall take cognizance of any offence under this Act except on a complaint made by a Government recognized non-government organization or an Inspector appointed under this Act and such Court shall try the 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.

Any Person who contravenes any provisions of this Act shall be punished accordingly as the punishment for the offence may be categorized as: (1) Any contravention of the provisions of section 6 and 7 shall be an offence and shall be punishable with simple imprisonment for a period which may extend to 6 months or fine which may extend to Rs. 20,000 or both and in default to pay the fine is simple imprisonment for a period of 20 days. (2) Any contravention of the provisions of section 9 and 12 shall be an offence and shall be punishable with simple imprisonment for a period which may extend to 6 months or fine which may extend to Rs. 10,000 or both and in default to pay the fine is simple imprisonment for a period of 20 days. (3) Any contravention of the provisions of section 15, 18, 24 and 25 shall be an offence and shall be punishable with simple imprisonment for a period of 15 days or fine of Rs. 5,000 or both in default to pay the fine simple imprisonment for 15 days. (4) Any person for second and subsequent offences of the offences under the Act, shall be punishable with twice the punishment for a period for the offence, the court may impose and fine and other such penalty as the state Government may amend or change by way of issue of Notification by the Government.

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

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.

Every worker/ 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.

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.

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.

(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 Registration Certificate, sample of token fix and fees for renewal of Certificate of Registration 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 matter which is to be or may be prescribed.

(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 or taken, as far as may be, under the corresponding provisions of this Act.