FACTORIES ACT, 1948

Is Factories Act applicable in Sikkim?

If No, How Various regulations related to Health, Safety, Welfare etc

of Workmen are maintaining? – Any Rules, Machinery / Department,
which will cover the provisions contained in the Central Act.
1. Who has a power to declare different department to be separate factories
or two or more factories as single factories?
2. To whom the occupier shall make application for declaration of single
factory, to be separate factories or two or more factories as single
factories?
3. To whom the occupier shall make application for the permission for
registration of a factory?
4. If the establishment is new, to whom the occupier shall make notice?
5. Whenever a new manager is appointed, where the occupier shall make
notice?
6. For the purpose of this act how the chief inspector, additional chief
inspector, Joint chief inspector & deputy chief inspector are appointed?
7. If this act is not implemented in Sikkim which other rule is made for the
registration of factory?
8. If any accident occurs in the operation of the work the manager of factory
shall notice to which authority?
9. Is there any power of direct enquiry in case of any accident or disease?
10.Who had a power to take samples?
11.Who will impose penalty in case of any offence in the factory?
12.What will be the penalty for using false certificate or obstructing inspector?
13.What are the powers of court to make order if the manager or occupier is
convicted of any offence matter relating to factory?
14.What should be the cognizance of offence & which magistrate shall try an
offence punishable in this state?
15.To whom the manager shall appeal against the prescribed authority
appointed by the govt.?
16.Who will be the inspector of the district?
17.Is any public officer shall be appointed as inspector?
18.Who will be the certifying surgeons & who will appoint him?
19.If this act is not implemented in Sikkim which department or concern
authority will handle all the official matters which are in the factory act
1948?
20.Which department of the state Govt. of Sikkim shall regulate the working
condition of labour in the factory?
21.Which department will ensure basic minimum requirement for safety,
health & welfare of worker?
 INDUSTRIAL DISPUTE ACT 1947

1. If Industrial Dispute Act is not in Sikkim which department has power to

settle Industrial Dispute?
2. Who shall appoint conciliation officer and what is his duty?
3. Who will be the member of board of conciliation?
4. In Sikkim, are there any Labor courts, or tribunals for the settlement of
Industrial Dispute?
5. Who had a power to enquire the Industrial Dispute in Sikkim?
6. Is there any labour court in Sikkim? what are the Function of labor court
7. What is the minimum qualification of presiding officer of a labor court?
8. Who will refer the dispute to a board, courts or tribunals for enquiry or
adjudication if it is apprehended?
9. What are the procedure, power and duties of the concern authority
appointed in this regards?
10. What are the procedures to settle industrial dispute in Sikkim?
11.Who will be the head for the settlement of dispute in the state?
12.How the decision or reports & awards are published in Sikkim?
13.Is there any law made in Sikkim for illegal strike or lockout that will
impose the penalty for illegal lockouts or strike in Sikkim?
14. Which authority will enquire for unfair labour practice?
15. Is there any authority in the state of Sikkim shall have power to provide
relief to workmen in matters of lay-offs, retrenchment, wrongful dismissal
& victimization?
 CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
1. On what kind of establishment the Contract Labour (Regulation &
Abolition) Act is applicable in Sikkim?
2. Which department is responsible for registration of establishment?
3. Who will appoint the registering officer?
4. Which department will prohibit the employment of contract labour?
5. If this act is not prevailing in Sikkim How the State Advisory Board will be
Formed & who will be the chairmen and members of the board for
advising State Government?
6. Is there any State Advisory Board& who will appoint the members of the
Board?
7. Who will prohibit the employment of contract labour & what is the
procedure?
8. Who will appoint the Licensing officer & what will be his qualification?
9. How the contractor can obtain the license?
10.If any persons is aggrieved for non registration or the license is not granted
where and whom he can make appeal?
11.If this act is not in Sikkim under which rule the chairmen, Inspector,
Licensing Officer, etc. are appointed?
12.If the state Govt. has every power to make rule then why the labour
department did not make any provision for the implementation of this
act?
13.If any problem arises relating to the welfare, safety, health, etc of the
contract labour to whom they can make appeal?
 EMPLOYEES STATE INSURANCE ACT, 1948

1. If this act is not implemented in Sikkim which other rule is made for the
employee state insurance for both public & private sector?
2. Which department is exercising the power for the matter relating to
employees insurance?
3. What are the hierarchy positions of the officers that are appointed by the
appropriate govt. for employee’s insurance?
4. Which authority is exercising the power of medical benefit council?
5. If any rule is made by the state Govt. is it similar to the employee state
insurance act 1948?
6. Is there any employee state insurance court in the state or where the
matter can be settled?
7. Is there any corporation is established by the state Govt. in Sikkim for the
benefit of employee?
8. Who will appoint the principal officer for the state?
9. Is any Director General and Financial commissioner are appointed by the
central Govt. for this state?
10.Is there any regional board, local committees & local medical council in
the state?
11.Which authority shall administer the employee’s state insurance fund in the
state?
12.Who will maintain the accounts?
13.If any employee is aggrieved in matter relating to insurance then where
he can make the appeal?
14.Who will audit the accounts annually of employee insurance in this state?
15.What are the benefits that concern authority is providing to the states
public vis-à-vis private employee?
 TRADE UNION ACT 1926

1. If the act is not prevailing in the state under which department the trade
union can be registered?
2. Has the state Govt. made any rule for making the registration?
3. Who act as registrar & who will appoint him?
4. What are the modes of registration of trade union in Sikkim?
5. Where the application for registration of trade union can be made in
Sikkim?
6. All the provision of registration under this act is similar in accordance with
the rule made by the state Govt.
7. From where the certificate of registration can be granted?

MATERNITY BENEFIT ACT 1961

1. If this act is not implemented in the state which state rule is enacted in the
state?
2. On what kind of establishment this act is applicable in the state?
3. Which department has authority to look after the welfare working
women?
4. Did all establishment both either public or private are granting maternity
leave & making payment of maternity benefit in the state?
5. Who will appoint the inspector for inspecting the matter relating to the
working women in the establishment?
6. If this act is not implemented in Sikkim where the aggrieved working
women can make appeal?
 PAYMENT OF BONUS ACT

1. Which department has authority to enquire in the establishment for the

matter relating payment of bonus of employee for both public & private?
2. Which department of Govt. of Sikkim will impose statutory obligation on
the employer of every establishment to pay bonus to all employees
working in establishment?
3. Which department or any authority appointed by the state Govt. of Sikkim
shall have power to provide necessary machinery, to enforce the payment
of bonus in the factory?
4. Which department or any authority appointed by the state Govt. of Sikkim
shall exercise to outline for principals & payment of bonus according to the
prescribed formulae?