6. Appointment of registering officers.—The appropriate Government may, by an order notified in
the Official Gazette—
(a) appoint such persons, being Gazetted 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.
7. Registration of certain establishments.—(1) Every principal employer of an establishment to
which this Act applies shall, within such period as the appropriate Government may, by notification in the
Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of
them, make an application to the registering officer in the prescribed manner for registration of the
establishment:
Provided that the registering officer may entertain any such application for registration after 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.
(2) If the application for registration is complete in all respects, the registering officer shall register
the establishment and issue to the principal employer of the establishment a certificate of registration
containing such particulars as may be prescribed.
STATE AMENDMENTS
Uttar Pradesh
In section 7 of the principal Act, after sub-section (2) the following sub-section shall be inserted,
namely:-
“(3) On submission of application in all respect the registering officer shall grant or refuse to grant or
object to grant registration within one day from the date of submission of application and in such manner
as may be prescribed. On the expiration of the said period the registration shall be deemed to be granted.”
8
Applicant may submit his application on departmental web portal along with necessary documents
and payment of fee. In such case if the application is complete in all respect and the applicant is eligible,
automatic registration shall be granted by the web portal and registration certificate be sent through email;
Provided that if the registration is obtained by the misrepresentation of fact or concealment of fact or
on the basis of forged document then such registration shall be deemed null and void and can be cancelled
by registering officer and legal action shall be taken against applicant.”
[Vide the Uttar Pradesh Act 14 of 2018, s. 3]
8. Revocation of registration in certain cases.—If the registering officer is satisfied, either on a
reference made to him in this behalf or otherwise, that the registration of any establishment 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 the principal employer of the establishment to be heard and
with the previous approval of the appropriate Government, revoke the registration.
9. Effect of non-registration.—No principal employer of an establishment, to which this Act applies,
shall—
(a) in the case of an establishment required to be registered under section 7, but which has not
been registered within the time fixed for the purpose under that section,
(b) in the case of an establishment the registration in respect of which has been revoked under
section 8,
employ contract labour in the establishment after the expiry of the period referred to inclause (a) or after
the revocation of registration referred to in clause (b), as the case may be.
10. Prohibition of employment of contract labour.—(1) Notwithstanding anything contained in
this Act, the appropriate Government may, after consultation with the Central Board or, as the case may
be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any
process, operation or other work in any establishment.
(2) Before issuing any notification under sub-section (1) in relation to an establishment, the
appropriate Government shall have regard to the conditions of work and benefits provided for the contract
labour in that establishment and other relevant factors, such as—
(a) whether the process, operation or other work is incidental to, or necessary for the industry,
trade, business, manufacture or occupation that is carried on in the establishment;
(b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the
nature of industry, trade, business, manufacture or occupation carried on in that establishment;
(c) whether it is done ordinarily through, regular workmen in that establishment or an
establishment similar thereto;
(d) whether it is sufficient to employ considerable number of wholetime workmen.
Explanation.—If a question arises whether any process or operation or other work is of perennial
nature, the decision of the appropriate Government thereon shall be final.