Registration of Establishments

(6) Appointment of registering officers -

The appropriate Government may, by order notified in the Official Gazette -

• appoint such persons being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and
• define the limits within which a registering officer shall exercise the powers conferred on him by or under this Act.

(7) Registration of establishments -

• Every employer shall -
  • in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and
  • in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment;
  Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period.
• Every application under sub-section (1) shall be in such form and shall contain such particular and shall be accompanied by such fees as may be prescribed.
• After the receipt of an application under sub-section (1), thc registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed.
• Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.

• Comments -

  Every employer of an establishment to which this Act applies and to which this Act may be applicable at any time is required to make an application in the prescribed form with prescribed fee for the registration of his establishment within a period of sixty days of the commencement of the Act or within sixty days from the date on which this Act becomes applicable to the establishment.

(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 the provisions of this Act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration.

Comments -

If the registration of any establishment has been obtained by misrepresentation or by suppression of any material fact of if the provisions of the Act are not being complied with in relation to any work carried on by such establishment, the registration may be revoked by the registering officer by giving an opportunity to the employer of the establishment to be heard.

(9) Appeal -

• Any person aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate Government;
  Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
• On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible.
  Comments - If any employer of an establishment is aggrieved by an order of the registering officer he can prefer all appeal to the appellate officer within thirty days from the date on which the order is communicated to him. Appeal can be made even after the expiry of thirty days if the appellant satisfies the appellate officer that he was prevented by sufficient cause from filing the appeal in time.

(10) Effect of non-registration -

No employer of an establishment to which this Act applies, shall -

• in the case of an establishment required to be registered under section 7, but which has not been registered under that section;
• in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause (a) or clause (b) of sub-section (I) of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.

Comments - No employer of an establishment which is required to be registered but has not been registered or registration of such an establishment has been revoked and no appeal his been preferred or where an appeal has been preferred but it has been dismissed, can employ building workers in the establishment.