THE BIHAR SHOPS & ESTABLISHMENTS ACT, 1953

{
    "id": 3678,
    "slug": "bihar-shops-establishments-act-1953",
    "title": "THE BIHAR SHOPS & ESTABLISHMENTS ACT, 1953",
    "short_title": "The Bihar Shops & Establishments Act, 1953",
    "act_number": "VIII",
    "act_year": 1954,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "repealed",
    "enactment_date": null,
    "description": "The Bihar Shops & Establishments Act, 1953",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "An Act to provide for the Regulation of conditions of work and employment in shops and other establishments and for certain other purposes.\nWhereas it is expedient to provide for the regulation of conditions of work and employment in shops and other establishment and for certain other purposes hereinafter specified.",
            "footnote": "1 of 1954; 4 of 1920",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "CHAPTER I - PRELIMINARY",
            "chapter": "CHAPTER I",
            "content": "CHAPTER I\nPreliminary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "Short title, extent and commencement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "This Act may be called the Bihar Shops and Establishments Act, 1953.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "It extends to the whole of the State of Bihar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "It shall come into force on such date as the State Government may, by notification appoint and different dates may be appointed for different provisions of this Act or for different areas or for different classes of shops or establishments.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "1",
            "title": "Section 1(4)",
            "chapter": null,
            "content": "It shall apply, in the first instance, to the local areas comprised within a municipality, notified area or a municipal corporation constituted and established under any law for the time being in force, relating to municipalities and to any mining settlement for which a Mines Board of Health has been established under section 5 of the Bihar and Orissa Mining Settlements Act, 1920 (?. & ?. Act IV of 1920).",
            "footnote": "4 of 1920",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "Definitions. In this Act, unless there is anything repugnant in the subject or context -",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2(1)",
            "chapter": null,
            "content": "\"Apprentice\" means a person, aged not less than twelve years, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(1A)",
            "chapter": null,
            "content": "\"child\" means a person who has not completed the age of fourteen years;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(2)",
            "chapter": null,
            "content": "\"closed\" means not open for the service of any customer to any business connected with the establishment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(3)",
            "chapter": null,
            "content": "\"day\" means a period of twenty-four hours beginning at midnight:",
            "footnote": "",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Proviso to Section 2(3)",
            "chapter": null,
            "content": "Provided that, in the case of an employee whose hours of work begins before and extend beyond midnight, day means a period of twenty-four hours beginning at the hour his work commences;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2(4)",
            "chapter": null,
            "content": "\"employee\" means a person wholly or partially employed for hire, wages including salary, reward, or commission in and in connection with any establishment and includes 'apprentice' but does not include member of the employer's family. It also includes person employed in a factory who are not worker within the meaning of the Factories Act, 1948 (63 of 1948), and for the purpose of proceeding under this Act, include an employee, who has been dismissed, discharged or retrenched for any reason whatsoever;",
            "footnote": "63 of 1948",
            "is_definition": true,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2(5)",
            "chapter": null,
            "content": "\"employer\" means a person who owns or exercise ultimate control over the affairs of an establishment and includes a manager, agent or any other person in the immediate charge of the general management or control of such establishment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 140
        },
        {
            "number": "2",
            "title": "Section 2(6)",
            "chapter": null,
            "content": "\"establishment\" means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes\n(i) administrative or clerical service appertaining to such establishment;\n(ii) a shop, restaurant, residential hotel, eating house, theatre or any place of public amusement or entertainment; and\n(iii) such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include a 'motor transport undertaking' as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (27 of 1961).",
            "footnote": "27 of 1961",
            "is_definition": true,
            "sort_order": 150
        },
        {
            "number": "2",
            "title": "Section 2(7)",
            "chapter": null,
            "content": "\"family\" in relation to an employer means the husband or wife, child or children, father or mother, brother or sister, brother's son, sister's son, daughter's son and son's son of such employer living with him and dependent on him;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 160
        },
        {
            "number": "2",
            "title": "Section 2(8)",
            "chapter": null,
            "content": "\"holiday\" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 170
        },
        {
            "number": "2",
            "title": "Section 2(9)",
            "chapter": null,
            "content": "\"Inspecting officer\" means an Inspecting Officer appointed under sub-section (1) of section 29 and includes the Chief Inspecting Officer, Additional Inspecting Officer and ex-officio Inspecting Officer appointed under or referred to in that section;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 180
        },
        {
            "number": "2",
            "title": "Section 2(10)",
            "chapter": null,
            "content": "\"Leave\" means leave provided for in Chapter IV of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 190
        },
        {
            "number": "2",
            "title": "Section 2(10A)",
            "chapter": null,
            "content": "\"Opened\" means opened for the service of any customer or for any business connected with the establishment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 200
        },
        {
            "number": "2",
            "title": "Section 2(10B)",
            "chapter": null,
            "content": "\"Period of work\" means the time during which an employee is at the disposal of the employer;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 210
        },
        {
            "number": "2",
            "title": "Section 2(11)",
            "chapter": null,
            "content": "\"Prescribed\" means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 220
        },
        {
            "number": "2",
            "title": "Section 2(12)",
            "chapter": null,
            "content": "\"Residential hotel\" means any premises used for the reception of guests travellers desirous of dwelling or sleeping therein and includes a club;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 230
        },
        {
            "number": "2",
            "title": "Section 2(13)",
            "chapter": null,
            "content": "\"Restaurant\" or \"eating house\" means any premises in which is carried on wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 240
        },
        {
            "number": "2",
            "title": "Section 2(14)",
            "chapter": null,
            "content": "\"Retail trade, or business\" includes the business of a hawker, hairdresser, the sale of cooked food, refreshments or intoxicating liquors and retail sale by auction;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 250
        },
        {
            "number": "2",
            "title": "Section 2(15)",
            "chapter": null,
            "content": "\"Schedule\" means the Schedule appended to this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 260
        },
        {
            "number": "2",
            "title": "Section 2(16)",
            "chapter": null,
            "content": "\"Shop\" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes an office, store-room, godown, warehouse and work place, whether in the same premises or elsewhere, used in connection with such sales or services, but does not include a restaurant, a residential hotel, eating house, theatre or other place of public amusement or entertainment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 270
        },
        {
            "number": "2",
            "title": "Section 2(17)",
            "chapter": null,
            "content": "\"Spread over\" means the period between the commencement and the termination of an employee on any day;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 280
        },
        {
            "number": "2",
            "title": "Section 2(18)",
            "chapter": null,
            "content": "\"Theatre\" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performance, or any other public amusement or entertainment;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 290
        },
        {
            "number": "2",
            "title": "Section 2(19)",
            "chapter": null,
            "content": "\"Wage period\" in relation to the payment of wages of any employee, means a wage period fixed by an employer under section 20 in respect of such employee;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 300
        },
        {
            "number": "2",
            "title": "Section 2(20)",
            "chapter": null,
            "content": "\"Wages\" means wages as defined in the Payment of Wages Act, 1936 (IV of 1936) and includes the dearness allowance as the workman is for the time being entitled to;",
            "footnote": "4 of 1936",
            "is_definition": true,
            "sort_order": 310
        },
        {
            "number": "2",
            "title": "Section 2(21)",
            "chapter": null,
            "content": "\"Week\" means a period of seven days beginning at midnight of Saturday;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 320
        },
        {
            "number": "2",
            "title": "Section 2(21A)",
            "chapter": null,
            "content": "\"Year\" means a year commencing on the first day of January, and",
            "footnote": "",
            "is_definition": true,
            "sort_order": 330
        },
        {
            "number": "2",
            "title": "Section 2(22)",
            "chapter": null,
            "content": "\"Young person\" means a person who is not a child and has not completed the age of eighteen years.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 340
        },
        {
            "number": "3",
            "title": "Section 3. Reference to time of day",
            "chapter": null,
            "content": "Reference to time of day. References to the time of day in this Act are reference to the Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "4",
            "title": "Section 4. Exceptions",
            "chapter": null,
            "content": "Exceptions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "4",
            "title": "Section 4(1)",
            "chapter": null,
            "content": "The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (XXV of 1952).",
            "footnote": "25 of 1952",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "4",
            "title": "Section 4(2)",
            "chapter": null,
            "content": "Notwithstanding anything contained in this Act, the provisions thereof specified in the third column of the Schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "4",
            "title": "Proviso to Section 4(2)",
            "chapter": null,
            "content": "Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "5",
            "title": "Section 5. Rights and privileges under other laws, etc. not affected",
            "chapter": null,
            "content": "Rights and privileges under other laws, etc. not affected. Nothing in this Act shall affect any right or privilege to which an employee in any establishment is entitled, at the date on which this Act applies to such establishment, under any other law for the time being in force, or under award, agreement contract, custom or usage applicable to such establishment, if such right or privilege is more favourable to him than any right or privilege conferred upon him by this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "42",
            "title": "CHAPTER II - Establishments",
            "chapter": "CHAPTER II",
            "content": "CHAPTER II\nEstablishments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "6",
            "title": "Section 6. Registration of establishments and renewal thereof",
            "chapter": null,
            "content": "Registration of establishments and renewal thereof. -The State Government may make rules requiring the registration of establishment or any class of establishments or renewal thereof and prescribing manner and the fees payable for such registration or renewal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "7",
            "title": "Section 7. Opening and closing hours of establishments",
            "chapter": null,
            "content": "Opening and closing hours of establishments.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "7",
            "title": "Section 7(1)",
            "chapter": null,
            "content": "No establishment shall on any day be opened earlier than 8 A.M. and closed later than 10 P.M. :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "7",
            "title": "Proviso to Section 7(1)",
            "chapter": null,
            "content": "Provided that any customer who was being served or was waiting to be served at such closing hour in any establishment may be served in such establishment during the quarter of an hour immediately following such hour.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "7",
            "title": "Section 7(2)",
            "chapter": null,
            "content": "The State Government may, by notification, after the opening or closing hours for different establishments or for different areas or for different periods of the year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "7",
            "title": "Section 7(3)",
            "chapter": null,
            "content": "When they are conducted in an establishment two or more trades or business, any or which is of such a character that, if it was sole trade or business, therein conducted, the provisions of this section would not apply to that establishment shall, so far the conduct of that trade or business is concerned, be exempt from the operation of this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "8",
            "title": "Section 8. Prohibition of sales before opening and after closing hours",
            "chapter": null,
            "content": "Prohibition of sales before opening and after closing hours. Save as otherwise provided in this Act, or under any other enactment, no person shall carry on the sale of any goods in any place, whether a shop or not, before the opening or after the closing hours fixed under section 7:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "8",
            "title": "Proviso to Section 8",
            "chapter": null,
            "content": "Provided that nothing in this section shall apply to hawkers on footpath or market street upto 11 P.M.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "8",
            "title": "Proviso to Section 8",
            "chapter": null,
            "content": "Provided that nothing in this section shall apply to the hawking of the newspapers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "9",
            "title": "Section 9. Hours of work in establishments",
            "chapter": null,
            "content": "Hours of work in establishments. No employee in any establishment shall be required or allowed to work in such establishment for more than 9 hours in a day and or more than 48 hours in a week, exclusive of interval allowed for rest or for meals which together shall not be less than one hour in any day:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "9",
            "title": "Proviso to Section 9",
            "chapter": null,
            "content": "Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed any person, other than a child or a young person, may be allowed or required to work in such establishment for any period in excess of hours fixed under this section subject to payment of overtime wages at the rate fixed in section 21, but the total number of hours of work, including overtime, shall not exceed 10 hours in any day and 54 hours in any week and the aggregate hours of overtime work shall not exceed 150 hours in a year:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "9",
            "title": "Proviso to Section 9",
            "chapter": null,
            "content": "Provided further that advance intimation of at least 3 days in this respect has been given in the prescribed manner to the Chief Inspector or any other officer authorised by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "10",
            "title": "Section 10. Interval for rest",
            "chapter": null,
            "content": "Interval for rest. No employee in any establishment shall be required or allowed to work in such establishment for more than five hours continuously in any day unless he has had an interval for rest of at least half an hour:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "10",
            "title": "Proviso to Section 10",
            "chapter": null,
            "content": "Provided that there shall not be more than one such interval for rest during the whole of the working period of any employee on any day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "11",
            "title": "Section 11. Spreading of periods of work",
            "chapter": null,
            "content": "Spreading of periods of work. The periods of work and intervals of rest of an employee in an establishment shall not be together spread over more than\n(i) in the case of child, eight hours in any day;\n(ii) in the case of a young person, ten hours in any day;\n(iii) in the case of any other employee, twelve hours in any day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "12",
            "title": "Section 12. Weekly holidays in establishments",
            "chapter": null,
            "content": "Weekly holidays in establishments.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "12",
            "title": "Section 12(4)",
            "chapter": null,
            "content": "Every employee in an establishment shall be allowed in each week holiday of one whole day:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "12",
            "title": "Section 12(5)",
            "chapter": null,
            "content": "No deduction shall be made from the wages of any employee in an establishment on account of any day on which it has remained closed as a holiday under sub-section (1) or on which an employee has been on his weekly holiday under sub-section (2) and if an employee is employed on daily wages, he shall nonetheless be paid the daily wages of the day on which such establishment remains closed or on which the employee is on his weekly holiday unless he is absent on the day preceding such day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "12A",
            "title": "Section 12A. Other holidays",
            "chapter": null,
            "content": "Other holidays. Every employee in an establishment shall be allowed-\n(a) a holiday on full pay on the Independence Day, the Republic Day and Mahatma Gandhi's Birthday each year; and\n(b) such other holidays on full pay upto five days in a year, in connection with such festivals as the State Government may declare from time to time under this Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "12A",
            "title": "Proviso to Section 12A",
            "chapter": null,
            "content": "Provided that an employee required to work on any such holiday shall be paid remuneration at double the rate of his normal wages calculated by the hour.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "12B",
            "title": "Section 12B. Every employee to be furnished with service card",
            "chapter": null,
            "content": "Every employee to be furnished with service card. Every employee in an establishment shall be furnished by his employer with a service card in such form as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "64",
            "title": "CHAPTER III - Employment of children and young persons",
            "chapter": "CHAPTER III",
            "content": "CHAPTER III\nEmployment of children and young persons",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "13",
            "title": "Section 13. No child to work in an establishment",
            "chapter": null,
            "content": "No child to work in an establishment. No child below the age of fourteen years shall be required or allowed to work as an employee in any establishment to which this Act applies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "14",
            "title": "Section 14. Young person and women",
            "chapter": null,
            "content": "Young person and women. No young person or women shall be required or allowed to work whether as an employee or otherwise in any establishment to which this Act applies before 8 A.M. or after 10 p.m.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "15",
            "title": "Section 15. Daily and weekly hours of work for young persons",
            "chapter": null,
            "content": "Daily and weekly hours of work for young persons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "15",
            "title": "Section 15(1)",
            "chapter": null,
            "content": "Notwithstanding anything contained in this Act-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "15",
            "title": "Section 15(1)(a)",
            "chapter": null,
            "content": "no young person shall be allowed to work as an employee in any establishment to which this Act applies for more than\n(ii) seven hours in any day or forty-two hours in any week in the case of a young person;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "15",
            "title": "Section 15(1)(b)",
            "chapter": null,
            "content": "no young person shall be required or allowed to work in such establishment for more than four hours continuously in any day unless he has an interval for rest and meals of at least one hour.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "71",
            "title": "CHAPTER IV - Leave with wages",
            "chapter": "CHAPTER IV",
            "content": "CHAPTER IV\nLeave with wages.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "16",
            "title": "Section 16. Annual leave with wages",
            "chapter": null,
            "content": "Annual leave with wages.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "16",
            "title": "Section 16(1)",
            "chapter": null,
            "content": "Every employee who has worked for two hundred and forty days or more in an establishment during a calendar year and who has not been involved in an illegal strike, shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of\n(ii) one day for every twenty days of work performed by him during the previous calendar year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "16",
            "title": "Explanation to Section 16(1)",
            "chapter": null,
            "content": "Explanation. For the purpose of this sub-section-\n(a) any day of lay off, by agreement or contract or as permissible under the standing orders and any days of lock-out;\n(b) in the case of a female employee, maternity leave for any number of days not exceeding twelve weeks; and\n(c) the leave earned in the year prior to that in which the leave is enjoyed;\nshall be deemed to be days on which the employee has worked in an establishment for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "16",
            "title": "Section 16(2)(i)",
            "chapter": null,
            "content": "The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "16",
            "title": "Section 16(2)(ii)",
            "chapter": null,
            "content": "An employee whose service commences, otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or as the case may be, clause (ii) of sub-section (1) if he has worked for two third of the total number of days in the remainder of the calendar year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "16",
            "title": "Section 16(3)",
            "chapter": null,
            "content": "An employee who has been employed for a period of not less than one hundred and twenty days shall be entitled to leave with wages at the rate prescribed in clause (i) or clause (ii) of sub-section (1), as the case may be, if the ratio of the number of days of his employment is not less than the ratio which 240 bears to 365, and the employer shall pay to him the amount payable under section 17 in respect of the leave with wages to which he is deemed to have become entitled.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        },
        {
            "number": "16",
            "title": "Section 16(4)",
            "chapter": null,
            "content": "In calculating leave under this section, fraction of leave of half-a-day or more shall be treated as one full day's leave, and fraction of less than half-a-day shall be omitted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 770
        },
        {
            "number": "16",
            "title": "Section 16(5)",
            "chapter": null,
            "content": "If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding calender year :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 780
        },
        {
            "number": "16",
            "title": "Proviso to Section 16(5)",
            "chapter": null,
            "content": "Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty-five days.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 790
        },
        {
            "number": "16",
            "title": "Section 16(6)",
            "chapter": null,
            "content": "An employee may at any time apply in writing to the employer, not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during that calendar year under sub-section (1) or sub-section (3), as the case may be:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 800
        },
        {
            "number": "16",
            "title": "Proviso to Section 16(6)",
            "chapter": null,
            "content": "Provided that the number of installments in which the leave is proposed to be taken shall not exceed three.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 810
        },
        {
            "number": "16",
            "title": "Section 16(7)",
            "chapter": null,
            "content": "An application for leave which does not contravene the provisions of sub-section (6) shall not be refused without sufficient cause to be recorded in writing:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 820
        },
        {
            "number": "16",
            "title": "Proviso to Section 16(7)",
            "chapter": null,
            "content": "Provided that an employee aggrieved by such refusal may appeal in the prescribed manner to the prescribed authority who shall, if he is satisfied after hearing the parties that such refusal was without sufficient cause, award such compensation to the employee as such authority may consider fair and equitable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 830
        },
        {
            "number": "16",
            "title": "Section 16(8)",
            "chapter": null,
            "content": "When earned leave is refused to an employee having to his credit such leave for forty-five days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. The amount payable under this sub-section shall he in addition to the normal wages payable for the period.\nOn an employee receiving the said amount the leave to his credit shall be reduced by the number of days in respect of which such amount is received.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 840
        },
        {
            "number": "16",
            "title": "Section 16(9)",
            "chapter": null,
            "content": "If the employment of an employee who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if, having applied for and having not been granted such leave, he quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 17 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after the day on which his employment is terminated and to an employee who quits his employment on or before the next pay day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 850
        },
        {
            "number": "16",
            "title": "Explanation to Section 16(9)",
            "chapter": null,
            "content": "Explanation 1.- \"Illegal strike\" means strike which is held by the State Government to be illegal within the meaning of section 24 of the Industrial Disputes Act, 1947 (XIV of 1947), or of any other law for the time being in force relating to industrial disputes.\nExplanation 2.- \"Calendar year\" shall mean a year from the first day of January to the thirty-first day of December.",
            "footnote": "14 of 1947",
            "is_definition": false,
            "sort_order": 860
        },
        {
            "number": "16",
            "title": "Section 16(10)",
            "chapter": null,
            "content": "If an employee wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave if the application for leave is not made within the time specified in sub-section (6) and in such a case wages as admissible under section 16 shall be paid not later than fifteen days.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 870
        },
        {
            "number": "16",
            "title": "Section 16(11)",
            "chapter": null,
            "content": "The unavailed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 880
        },
        {
            "number": "16A",
            "title": "Section 16A. Other kinds of leave",
            "chapter": null,
            "content": "Other kinds of leave.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 890
        },
        {
            "number": "16A",
            "title": "Section 16A(1)",
            "chapter": null,
            "content": "Every employee in an establishment shall in addition to the leave admissible under section 16, be entitled to\n(a) Casual leave with full pay for 12 days in a Calendar year; and\n(b) Sick leave on half pay for 12 days in a Calendar year on production of a medical certificate:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 900
        },
        {
            "number": "16A",
            "title": "Proviso to Section 16A(1)",
            "chapter": null,
            "content": "Provided that the casual leave or the sick leave shall not be accumulative.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 910
        },
        {
            "number": "16A",
            "title": "Section 16A(2)",
            "chapter": null,
            "content": "Care-takers, guards and watch men, who have been in continuous employment of a period of 12 months or more shall, beside being entitled to leave provided for in section 16, and sub-section (1) of this section, be entitled to 45 days leave with full pay for every completed 12 months of continuous service.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 920
        },
        {
            "number": "17",
            "title": "Section 17. Wages during leave period",
            "chapter": null,
            "content": "Wages during leave period.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 930
        },
        {
            "number": "17",
            "title": "Section 17(1)",
            "chapter": null,
            "content": "For the leave allowed to him under section 16, an employee shall be paid at a rate equal to the daily average of his total full time earnings, exclusive of any overtime earnings and the yearly bonus, but inclusive of attendance bonus, efficiency bonus and other incentive bonuses and dearness allowance and the cash equivalent of any advantage accruing by the sale of foodgrains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 940
        },
        {
            "number": "17",
            "title": "Section 17(2)",
            "chapter": null,
            "content": "The State Government may prescribe\n(a) the manner in which the cash equivalent of the advantages accruing through the concessional sale to employees of foodgrains and other articles shall be calculated; and\n(b) the registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 950
        },
        {
            "number": "17",
            "title": "Section 17(3)",
            "chapter": null,
            "content": "An employee proceeding on earned leave shall on demand be given advance payment of the wages for half of period of leave and the wages for the wage period immediately preceding such leave. The wages for the remaining half period of such leave shall be payable to him alongwith wages for the first wage period after he resumes duty. The wages for the period of sick leave shall be payable to the employee alongwith his wages for the first wage period after he resumes duty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 960
        },
        {
            "number": "18",
            "title": "Section 18. Power to increase the amount of leave",
            "chapter": null,
            "content": "Power to increase the amount of leave. Notwithstanding anything contained in sections 16 and 16A, the State Government may by notification increase the total amount of leave and the minimum number of days up to which such leave may be accumulated in respect of such establishments or class of establishments as may be specified in the notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 970
        },
        {
            "number": "18A",
            "title": "Section 18A. Power to exempt establishment",
            "chapter": null,
            "content": "Power to exempt establishment. Where the State Government is satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it may by written order, exempt the establishment from all or any of the provisions of this Chapter subject to such conditions as may he specified in the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 980
        },
        {
            "number": "100",
            "title": "CHAPTER V - Wages",
            "chapter": "CHAPTER V",
            "content": "CHAPTER V\nWages.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 990
        },
        {
            "number": "19",
            "title": "Section 19. Responsibility for payments of wages",
            "chapter": null,
            "content": "Responsibility for payments of wages. Every employer shall be responsible for the payment to his employees of all wages required to be paid under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1000
        },
        {
            "number": "20",
            "title": "Section 20. Fixation of wage period",
            "chapter": null,
            "content": "Fixation of wage period.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1010
        },
        {
            "number": "20",
            "title": "Section 20(1)",
            "chapter": null,
            "content": "Every employer shall fix period in respect of which such wages shall be payable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1020
        },
        {
            "number": "20",
            "title": "Section 20(2)",
            "chapter": null,
            "content": "No wage period shall exceed one month.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1030
        },
        {
            "number": "21",
            "title": "Section 21. Extra pay for overtime",
            "chapter": null,
            "content": "Extra pay for overtime.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1040
        },
        {
            "number": "21",
            "title": "Section 21(1)",
            "chapter": null,
            "content": "Where an employee is required to work in an establishment for more than nine hours in any day or for more than forty-eight hours in any week, he shall be entitled in respect of the overtime to wages at the rate which shall be twice the ordinary rate of his wages.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1050
        },
        {
            "number": "21",
            "title": "Explanation to Section 21(1)",
            "chapter": null,
            "content": "Explanation. For the purpose of this section, the expression \"ordinary rate of wages\", in relation to an employee means the basic rates of wages and such allowances as the employee is for the time being entitled to but does not include a bonus.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1060
        },
        {
            "number": "21",
            "title": "Section 21(2)",
            "chapter": null,
            "content": "The State Government may prescribe the registers that shall be maintained in an establishment for the purpose of securing compliance with the provision of this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1070
        },
        {
            "number": "22",
            "title": "Section 22. Payment, when to be made",
            "chapter": null,
            "content": "Payment, when to be made. An employee, who has been allowed leave for not less than five days in the case of a child and four days in any other case, shall before his leave begins, be paid the wages due for the period of the leave allowed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1080
        },
        {
            "number": "23",
            "title": "Section 23. Time of payment of wages",
            "chapter": null,
            "content": "Time of payment of wages.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1090
        },
        {
            "number": "23",
            "title": "Section 23(1)",
            "chapter": null,
            "content": "Wages of every employee shall be paid before the expiry of the seventh day after the last day of the wage period as respect of which the wages are payable :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1100
        },
        {
            "number": "23",
            "title": "Proviso to Section 23(1)",
            "chapter": null,
            "content": "Provided that if any employee be absent until the last day permissible under this sub-section the wages shall be paid before the expiry of three working days from the day on which he attends for work again or demands payment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1110
        },
        {
            "number": "23",
            "title": "Section 23(2)",
            "chapter": null,
            "content": "Where the employment of an employee is terminated by or under the order of the employer, the wages earned by such employee shall be paid before the expiry of the second working day from the day on which his employment is terminated.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1120
        },
        {
            "number": "23",
            "title": "Section 23(3)",
            "chapter": null,
            "content": "All payments of wages shall be made on a working day at or near the place of work and during working hours.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1130
        },
        {
            "number": "23",
            "title": "Section 23(4)",
            "chapter": null,
            "content": "The State Government may by general or special order exempt an employer from the operation of this section in respect of the wages of any employee or class of employees, to such extent and subject to such conditions as may be specified in the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1140
        },
        {
            "number": "24",
            "title": "Section 24. Wages to be paid in current coins or currency notes",
            "chapter": null,
            "content": "Wages to be paid in current coins or currency notes. -All wages shall be paid in current coins or currency notes or in both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1150
        },
        {
            "number": "25",
            "title": "Section 25. Deductions which may be made from wages",
            "chapter": null,
            "content": "Deductions which may be made from wages. No deductions other than those which may be prescribed shall be made by the employer from the wages of this employee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1160
        },
        {
            "number": "26",
            "title": "Section 26. Notice of the dismissal or discharge",
            "chapter": null,
            "content": "Notice of the dismissal or discharge.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1170
        },
        {
            "number": "26",
            "title": "Section 26(1)",
            "chapter": null,
            "content": "No employer shall dismiss or discharge or otherwise terminate the employment of any employee who has been in his employment continuously for a period of not less than six months, except for a reasonable cause and after giving such employee at least one month's notice or one month's wages in lieu of such notice :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1180
        },
        {
            "number": "26",
            "title": "Proviso to Section 26(1)",
            "chapter": null,
            "content": "Provided that such notice shall not be necessary where the services of such employee are dispensed with on a charge of such misconduct as may be prescribed by the State Government, supported by satisfactory evidence recorded at an enquiry held for the purpose:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1190
        },
        {
            "number": "26",
            "title": "Proviso to Section 26(1)",
            "chapter": null,
            "content": "Provided further that an employee who has been in continuous employment for a year or more and whose services are dispensed with otherwise than on a charge of misconduct shall also be paid compensation equivalent to fifteen days average wages for every completed year of service and any part thereof in excess of six months before his discharge in addition to the notice or pay in lieu of notice as prescribed above.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1200
        },
        {
            "number": "26",
            "title": "Section 26(2)",
            "chapter": null,
            "content": "Every employee, dismissed or discharged or whose employment is otherwise terminated, may make a complaint in writing in the prescribed manner, to a prescribed authority within 90 days of the receipt of the order of dismissal or discharge or termination of employment on the one or more of the following grounds, namely:\n(i) there was no reasonable cause for dispensing with his services; or\n(ii) no notice was served on him as required by sub-seciton (1); or\n(iii) he has not been guilty of any misconduct as held by the employer; or\n(iv) no compensation as prescribed in sub-section (1) was paid to him before dispensing with his service.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1210
        },
        {
            "number": "26",
            "title": "Section 26(3)",
            "chapter": null,
            "content": "Notwithstanding anything contained in sub-section (2), where the order of dismissal or discharge was received by an employee at any time before the commencement of the Bihar Shops and Establishments (Amendment) Act, 1959, he may make a complaint in writing in the prescribed manner before a prescribed authority within sixty days of the commencement of the said Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1220
        },
        {
            "number": "26",
            "title": "Proviso to Section 26(3)",
            "chapter": null,
            "content": "Provided that such complaints, if any, pending before an authority prescribed prior to the commencement of the said Act shall be deemed to have been duly filed before the authority prescribed after such commencement and the said authority shall dispose the same in accordance with the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1230
        },
        {
            "number": "26",
            "title": "Section 26(4)",
            "chapter": null,
            "content": "The prescribed authority may condone delay in filing such a complaint if it is satisfied that there was sufficient cause for not making the application within the prescribed time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1240
        },
        {
            "number": "26",
            "title": "Section 26(5)(a)",
            "chapter": null,
            "content": "The prescribed authority shall cause a notice to be served on the employer relating to the said complaint, record briefly the evidence adduced by the parties, hear them and after making such enquiry as it may consider necessary pass orders giving reasons therefor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1250
        },
        {
            "number": "26",
            "title": "Section 26(5)(b)",
            "chapter": null,
            "content": "In passing such order the prescribed authority shall have power to give relief to the employee by way of reinstatement or money compensation or both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1260
        },
        {
            "number": "26",
            "title": "Section 26(6)",
            "chapter": null,
            "content": "The decision of the prescribed authority shall be final and binding on both the employer and employee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1270
        }
    ],
    "metadata": {
        "Act ID": "195408",
        "Act Number": "VIII",
        "Enactment Date": "1954-03-17",
        "Act Year": "1954",
        "Short Title": "The Bihar Shops & Establishments Act, 1953",
        "Department": "Department of Labour and Employment, Bihar",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:24"
}