section 4
Registration of individual workers
The Sikkim Labour Protection Act, 2005(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.
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