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The Bihar Industrial Disputes Rules, 1961
The Bihar Industrial Disputes Rules, 1961
Sections
1. Title and applications.
Section 12. Interpretation.
Section 23. Application.
Section 34. Attestation of application.
Section 45. Notification of appointment of Board, Court, Labour Court or Tribunal.
Section 56. Notice to parties to nominate representatives.
Section 67. Arbitration agreement.
Section 78. Attestation of the arbitration agreement.
Section 89. Conciliation proceedings in public utility service.
Section 910. Conciliation proceedings in non-public utility service.
Section 1014. Proceedings before the Labour Court or Tribunal.
Section 1415. Place and time of hearing.
Section 1516. Quorum for Board and Courts.
Section 1617. Evidence.
Section 1718. Administration of oath.
Section 1819. Summons.
Section 1920. Service of summons or notice.
Section 2021. Description of parties in certain cases.
Section 2122. Manner of service in the case of numerous persons as parties to the dispute.
Section 2223. Procedure at the first sitting.
Section 2324. Board, Court, Labour Court,Tribunal or Arbitrator may proceed ex-parte.
Section 2425. Power of entry and inspection.
Section 2526. Power of Boards, Courts, Labour Courts and Tribunals.
Section 2627. Assessors.
Section 2728. Decision by majority.
Section 2829. Correction of errors.
Section 2930. Right of the representatives.
Section 3031. Proceedings before a Board, Court, Labour Court or Tribunal.
Section 3132. Fees for copies of awards or other documents of Labour Court or Tribunal.
Section 3233. Publication of reports and awards.
Section 3334. Representation of parties.
Section 3435. Travelling allowance.
Section 3536. Fees.
Section 3637. Expenses of witnesses.
Section 3738. Notice of change.
Section 3839. Manner of service of notice of change.
Section 3940. Constitution.
Section 4041. Number of members
Section 4142. Representatives of employer.
Section 4243. Representatives of workmen.
Section 4344. Qualifications for candidates for election.
Section 4445. Qualification for voters.
Section 4546. Procedure of Election.
Section 4647. Nomination of candidates for election.
Section 4748. Scrutiny of nomination papers.
Section 4849. Voting in election.
Section 4950. Arrangements for election.
Section 5051. Disputes regarding election to Works Committee.
Section 5152. Officers of the Committee.
Section 5253. Term of office.
Section 5354. Vacancies.
Section 5455. Power to co-opt.
Section 5556. Quorum and procedure for the meeting.
Section 5657. Facilities of meeting etc.
Section 5758. Function.
Section 5859. Restriction on power to Works Committee.
Section 5960. Right to re-call a member of the Works Committee.
Section 6061. Memorandum of settlement.
Section 6162. Complaints regarding change of conditions of service, etc.
Section 6263. Application under Section 33.
Section 3364. Protected workmen.
Section 6465. Appointment of Commissioner.
Section 6566. Fees for the Commissioner, etc.
Section 6667. Time for submission of report.
Section 6768. Local investigation.
Section 6869. Commissioner's report.
Section 6970. Powers of Commissioner.
Section 7071. Summoning of witnesses, etc.
Section 7172. Representation of parties before the Commissioner.
Section 7273. Notice of strike.
Section 7374. Notice of lock-out.
Section 7475. Report of lock-out or strike.
Section 7576. Report of a notice of a strike or lock-out.
Section 7677. Register for settlements.
Section 7777B. Application for permission for lay-off under Section 25-M.
Section 25-M78. Notice of retrenchment.
Section 7879. Maintenance of seniority list of workmen.
Section 7980. Re-employment of retrenched workmen.
Section 8081. Penalties.
Section 8182. Repeal.
Section 82
the-bihar-industrial-disputes-rules-1961.json
•
80 Sections
•
Bihar
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"title": "The Bihar Industrial Disputes Rules, 1961",
"short_title": "The Bihar Industrial Disputes Rules, 1961",
"act_number": "Published vide Notification No. 3/DI-1204/61-L and",
"act_year": 1961,
"act_type": "STATE",
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"number": "1",
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"number": "2",
"title": "2. Interpretation.",
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"content": "(a) \"Act\" means the Industrial Disputes Act, 1947 (XIV of 1947);\n(b) \"Chairman\" means Chairman of a Board or Court or, if the court consists of only one person, such person;\n(c) \"Committee\" means a Work Committee constituted under sub-section (1) of Section 3 of the Act;\n(d) \"Form\" means a form set out in the Schedule to these Rules;\n(e) \"Section\" means a Section of the Act;\n(f) with reference to clause (g) of Section 2 it is hereby prescribed that in relation to an industry carried on by or under the authority of a department of the State Government, the officer-in-charge of the industrial establishment shall be \"employer\" in respect of that establishment;\n(g) all words and expressions used in these Rules but not defined therein and defined in the Act shall respectively have the same meanings as in the Act.\nPart I\nProcedure for reference of Industrial Disputes to Boards of Conciliation, Courts of Inquiry, Labour Courts or Industrial Tribunals",
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"number": "3",
"title": "3. Application.",
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"content": "(a) the parties to the dispute;\n(b) the specific matter in dispute;\n(c) the total number of workmen employed in the undertaking affected;\n(d) as estimated number of workmen affected or likely to be affected by the dispute; and\n(e) the efforts made by the parties themselves to adjust the dispute.",
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"number": "4",
"title": "4. Attestation of application.",
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"content": "(a) in the case of an employer, by the employer himself, or when the employer is incorporated company or other body corporate, by the Agent, Manager or other principal officer of the Corporation; and\n(b) in the case of workmen, either by the President or Secretary of trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purposes.",
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"number": "5",
"title": "5. Notification of appointment of Board, Court, Labour Court or Tribunal.",
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{
"number": "6",
"title": "6. Notice to parties to nominate representatives.",
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"content": "(a) in the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and\n(b) in the case of workmen who are not members of a trade union, to any one of the five workmen who have attested the application made under Rule 3;\nPart II\nArbitration Agreement",
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"number": "7",
"title": "7. Arbitration agreement.",
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{
"number": "8",
"title": "8. Attestation of the arbitration agreement.",
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"content": "(a) in the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the Agent, Manager or other Principal Officer of the corporation;\n(b) in the case of workmen, either by the President and Secretary of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purposes.\nPart III\nPowers, Procedure and Duties of Conciliation Officers, Boards, Courts, Labour Courts, Tribunals and Arbitrators",
"footnote": "",
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"number": "9",
"title": "9. Conciliation proceedings in public utility service.",
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{
"number": "10",
"title": "10. Conciliation proceedings in non-public utility service.",
"chapter": null,
"content": "11.\n12.\n13.",
"footnote": "",
"is_definition": false,
"sort_order": 9
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{
"number": "14",
"title": "14. Proceedings before the Labour Court or Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
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{
"number": "15",
"title": "15. Place and time of hearing.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
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{
"number": "16",
"title": "16. Quorum for Board and Courts.",
"chapter": null,
"content": "Quorum\n(i)\nIn the case of a Board-\nWhere the number of members is 3\n...\n2\nWhere the number of members is 5\n...\n3\n(ii)\nIn the case of a Court-\nWhere the number of members is not more than 2\n...\n1\nWhere the number of members is more than 2 but less than 5\n...\n2\nWhere the number of members is 5 or more\n...\n3",
"footnote": "",
"is_definition": false,
"sort_order": 12
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{
"number": "17",
"title": "17. Evidence.",
"chapter": null,
"content": "",
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"is_definition": false,
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"number": "18",
"title": "18. Administration of oath.",
"chapter": null,
"content": "[18A.",
"footnote": "",
"is_definition": false,
"sort_order": 14
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{
"number": "19",
"title": "19. Summons.",
"chapter": null,
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"number": "20",
"title": "20. Service of summons or notice.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "21",
"title": "21. Description of parties in certain cases.",
"chapter": null,
"content": "(1) all such persons as are members of any trade union or association shall be described by the name of such union or association; and\n(2) all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tribunal or Arbitrator, as the case may be, may determine.",
"footnote": "",
"is_definition": false,
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{
"number": "22",
"title": "22. Manner of service in the case of numerous persons as parties to the dispute.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "23",
"title": "23. Procedure at the first sitting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "24",
"title": "24. Board, Court, Labour Court,Tribunal or Arbitrator may proceed ex-parte.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
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{
"number": "25",
"title": "25. Power of entry and inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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"number": "26",
"title": "26. Power of Boards, Courts, Labour Courts and Tribunals.",
"chapter": null,
"content": "(a) discovery and inspection;\n(b) granting adjournment;\n(c) reception of evidence taken on affidavit;",
"footnote": "",
"is_definition": false,
"sort_order": 22
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{
"number": "27",
"title": "27. Assessors.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
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{
"number": "28",
"title": "28. Decision by majority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "29",
"title": "29. Correction of errors.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "30",
"title": "30. Right of the representatives.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "31",
"title": "31. Proceedings before a Board, Court, Labour Court or Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "32",
"title": "32. Fees for copies of awards or other documents of Labour Court or Tribunal.",
"chapter": null,
"content": "(a) For the first 200 words, twenty-five paise.\n(b) For every additional 100 words, or fraction thereof, thirty-seven paise:",
"footnote": "",
"is_definition": false,
"sort_order": 28
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{
"number": "33",
"title": "33. Publication of reports and awards.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "34",
"title": "34. Representation of parties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "35",
"title": "35. Travelling allowance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "36",
"title": "36. Fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "37",
"title": "37. Expenses of witnesses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "38",
"title": "38. Notice of change.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "39",
"title": "39. Manner of service of notice of change.",
"chapter": null,
"content": "Part IV\nWorks Committee",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "40",
"title": "40. Constitution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
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{
"number": "41",
"title": "41. Number of members",
"chapter": null,
"content": "(i) Where the number of workmen is more than 100 but not more than 500-6 members.\n(ii) Where the number of workmen is more than 500 but not more than 1.000-8 members.\n(iii) Where the number of workmen is more than 1,000 but not more than 3.000-10 members.\n(iv) Where the number of workmen is more than 3,000 but not more than 6.000-12 members.\n(v) Where the number of workmen is more than 6,000-14 members.\n(ii) The number of members fixed should afford representation, as far as possible, to the various categories, groups and classes of workmen engaged in and to the sections, shops or the departments of the establishment:\n(iii) The number of representatives of workmen shall not be less than the number of representatives of the employer.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "42",
"title": "42. Representatives of employer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "43",
"title": "43. Representatives of workmen.",
"chapter": null,
"content": "(ii) Where there are more trade unions than one, registered under the Indian Trade Unions Act, 1926, collectively representing 80 per cent or more of the total number of workmen of an industrial establishment and there is no single, registered trade union representing 51 percent or more of the workmen, all the representatives of the workmen on the Works Committee shall be nominated by those trade unions in proportion to their respective strength.\n(iii) Where there are more trade unions than one in an industrial establishment, registered under the Indian Trade Unions Act, 1926, and there are also a certain number of workmen being more than 20 per cent of the total number of workmen not belonging to any registered trade union and where there is also no single registered trade union representing 51 per cent or more of the workmen, all the representatives of the workmen on the Works Committee shall be elected by the workmen themselves.\n(iv) For the purposes of this Rule, in case of a dispute regarding the strength of membership of a registered trade union or the strength of workmen who do not claim membership or any such trade union or the total number of workmen in an industrial establishment who are eligible for membership of such a trade union, the decision of the Commissioner of Labour, Bihar, shall be final.\n(v) Where there is one trade union in an industrial establishment, registered under the Indian Trade Union Act, 1926, and such trade union does not represent fifty-one per cent or more of workmen, the representatives of workmen on the Works Committee shall be nominated by the trade union in proportion to its respective strength and the remaining number of representatives of the workmen on the Works Committee shall be elected by workmen themselves.\n(vi) The registered trade union or unions shall send their nominations to the management within 15 days of the receipt of the request from the management for nomination of representatives of workmen on the Works Committee.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "44",
"title": "44. Qualifications for candidates for election.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "45",
"title": "45. Qualification for voters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "46",
"title": "46. Procedure of Election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "47",
"title": "47. Nomination of candidates for election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "48",
"title": "48. Scrutiny of nomination papers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "49",
"title": "49. Voting in election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "50",
"title": "50. Arrangements for election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "51",
"title": "51. Disputes regarding election to Works Committee.",
"chapter": null,
"content": "(b) The petitioner may also claim that he himself or any other candidate has been duly elected.\n(i) enforcing the attendance of witnesses;\n(ii) compelling the production of documents;\n(iii) examining witnesses on oath;\n(iv) granting adjournments;\n(v) reception of evidence taken on affidavit; and\n(vi) issuing summons for examination of witness.\nExplanation.\n(b) The petitioner or any other candidate may be declared duly elected, if it is proved that he in fact received a majority of valid votes or but for the votes obtained by corrupt practice, would have obtained a majority of valid votes.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "52",
"title": "52. Officers of the Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "53",
"title": "53. Term of office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "54",
"title": "54. Vacancies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "55",
"title": "55. Power to co-opt.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "56",
"title": "56. Quorum and procedure for the meeting.",
"chapter": null,
"content": "(b) The Committee may meet as often as necessary, but not less often than once a month.\n(c) The workmen's representatives shall be paid by the employer at their ordinary rate for the time spent at the meetings of the Committee if held beyond duty hours.\n(d) Decisions shall be arrived at only by agreement between the two sides.\n(e) Any dispute which is referred to the Committee shall ordinarily be decided within a period of 15 days from the date of such reference is received by the Committee.\n(f) At every meeting the Chairman shall fix the date of the next meeting which may be altered by him in consultation with the Vice-Chairman, by giving at least a week's notice to all the other members of the Committee.\n(g) The Joint Secretary representing the workmen shall draw up the agenda for every meeting in consultation with the Chairman and shall circulate it among all the other members of the Committee at least two days before the date of the meeting.\n(h) Minutes of the meetings of the Committee shall be recorded by the Joint Secretary of the Committee representing the employer and shall be signed by all the members present in the meeting. Copies of the minutes of every meeting shall be sent within 10 days of the meeting to the recognised Employer's Organisation, if any, the recognised Workmen's Organisation, if any, the management of the industrial establishment, the trade union, if any, affiliated to the recognised Workmen's Organisation and the Conciliation Officer concerned. The employer shall provide paper for the recording of the minutes and postage and any other incidental expenses for its despatch to the above mentioned organisations and persons.\n(i) Unanimous decisions of the Committee shall, subject to the provisions of the proviso to clause (j) below, be binding on the parties.\n(j) If there is any matter on which the Committee cannot agree, the officials of the trade union concerned, or ad hoc representatives of the workmen where no trade union exists, may negotiate with the management of the industrial establishment or if so desires with the recognised employers organisation for reaching a settlement over the matter. The question may thereafter, if necessary be referred to the appropriate conciliation machinery appointed by the Provincial Government. The officials of the trade union concerned of ad hoc representatives of the workmen where no such trade union exists may, in any case, refer the question to the appropriate conciliation machinery, whether or not there has been such negotiation with the management of the establishment, or with the recognised Employers' Organisation, if any.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "57",
"title": "57. Facilities of meeting etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "58",
"title": "58. Function.",
"chapter": null,
"content": "(a) the distribution of working hours, i.e. fixation of shifts;\n(b) the method of payment of wages (time, form of pay tickets);\n(c) the settlement of grievances relating to or arising out of the terms and conditions of employment of the workmen in day-to-day working;\n(d) question of physical welfare;\n(e) question of discipline and conduct as between the management and the workmen, i.e., malingering, bullying, time keeping, publicity in regard to Rules, supervision of notice boards;\n(f) suggestions for improvement in methods and in organisation of work;\n(g) investigation of circumstances tending to reduce efficiency or in any way to interfere with the satisfactory working of the industry;\n(h) ways and means of increasing efficiency; and\n(i) any other steps that may be conducive to harmonious relations between the workmen and the management.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "59",
"title": "59. Restriction on power to Works Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "60",
"title": "60. Right to re-call a member of the Works Committee.",
"chapter": null,
"content": "Part V\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "61",
"title": "61. Memorandum of settlement.",
"chapter": null,
"content": "(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, Manager or other principal officer of the Corporation;\n(b) in the case of workmen, either by the President and Secretary of a trade union of workmen, or by five representatives of the workmen, duly authorised in this behalf at a meeting of the workmen held for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "62",
"title": "62. Complaints regarding change of conditions of service, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "33",
"title": "63. Application under Section 33.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "64",
"title": "64. Protected workmen.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "65",
"title": "65. Appointment of Commissioner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "66",
"title": "66. Fees for the Commissioner, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "67",
"title": "67. Time for submission of report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "68",
"title": "68. Local investigation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "69",
"title": "69. Commissioner's report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "70",
"title": "70. Powers of Commissioner.",
"chapter": null,
"content": "(a) examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;\n(b) call for and examine documents and other things relevant to the subject of enquiry;\n(c) at any reasonable time enter upon or into any land or building mentioned in the order.",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "71",
"title": "71. Summoning of witnesses, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "72",
"title": "72. Representation of parties before the Commissioner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "73",
"title": "73. Notice of strike.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "74",
"title": "74. Notice of lock-out.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "75",
"title": "75. Report of lock-out or strike.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "76",
"title": "76. Report of a notice of a strike or lock-out.",
"chapter": null,
"content": "[76A. Notice of closure.\n[76B. Notice of, and application for, permission for closure.",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "77",
"title": "77. Register for settlements.",
"chapter": null,
"content": "[77A. Notice of lay-off.",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "25-M",
"title": "77B. Application for permission for lay-off under Section 25-M.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "78",
"title": "78. Notice of retrenchment.",
"chapter": null,
"content": "(a) where notice is given to the workman; notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;\n(b) where no notice is given to the workman; and he is paid one month's wages is lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and\n(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the State Government; and the Conciliation Officer of the area] at least one month before such date:\n[78A. Notice of, and application for permission for retrenchment.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "79",
"title": "79. Maintenance of seniority list of workmen.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "80",
"title": "80. Re-employment of retrenched workmen.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "81",
"title": "81. Penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "82",
"title": "82. Repeal.",
"chapter": null,
"content": "Schedule\nForm A\nForm A\nSignature of the applicants(s)\n(a) Parties to the dispute including the name and address of the establishment or undertaking involved.\n(b) Specific matters in dispute.\n(c) Total number of workmen employed in the undertaking affected.\n(d) Estimated number of workmen affected or likely to be affected by the dispute.\n(e) Efforts made by the parties themselves to adjust the dispute.\nForm B\nForm B\nSecretary to the Government of Bihar, Labour Department.\nForm C\nForm C\nNames of Parties\n(i) Specify matters in dispute.\n(ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved.\n(iii) Name of the Union, if any, representing the workmen in question.\n(iv) total number of workmen employed in the undertaking affected.\n(v) Estimated number of workmen affected or likely to be affected by the dispute.\nSignature of the parties- Representing employers- Representing Workmen-\n(1)\n(2)\n(i) The Conciliation Officer..................(here enter office address of the Conciliation Officer in local area concerned).\n(ii) The Labour Commissioner, Bihar.\n(iii) The Secretary to the Government of Bihar, Labour Department, Patna.\nForm D\nForm D\nChairman/Secretary,\nBoard of Conciliation/Court of Enquiry\nor Presiding Officer, Labour Court/\nTribunal.\nForm E\nForm E\n(See Rule 34)\nversus\nSignature of person (s) nominating the representative (s).\nAddress-\nForm F\nForm F\n(See Rule 38)\nThe Secretary/Principal Officer of the Union/Association The Workman/Workmen affected.\nYour faithfully,\nSignature ...................\nName.......\nDesignation\nAnnexure\nAnnexure\nForm G\nForm G\nForm of Nomination Paper\nForm of Nomination Paper\nName of Industrial Establishment.-\nGroup/Section/Shop/Department.\nSignature of proposer.\nSignature of candidate\n(1) .................\n(2) .................\nForm H\nForm H\nForm for Memorandum of Settlement\nName of Parties\nShort recital of the case\nTerms of Settlement\n(1) ..................\n(2) ..................\nSignature of the Parties\n(1) Conciliation Officer..................(here enter the office address of the Conciliation Officer in the local area concerned).\n(2) Labour Commissioner, Bihar, Patna.\n(3) The Secretary to the Government of Bihar, Labour Department Patna.\nIn cases of settlements effected by Conciliation Officer/Board of Conciliation.\nForm I\nForm I\nAddress.\nversus\nAddress.\nSignature of the complainant (s).\nVerification\nVerification\nForm J\nForm J\nversus\nSignature of applicant.\nSpace for verification.\n(Signature of the person verifying.)\nForm K\nForm K\nA.....................Applicant\nAddress ...................\nversus\nSignature of the applicant.\nSpace for verification\n(Signature of the person verifying)\nForm L\nForm L\nForm of notice of strike to be given by employees in a public utility service.\nForm of notice of strike to be given by employees in a public utility service.\nYours faithfully,\nSecretary of the Trade Union Representative of the employees elected at a meeting held on\nAnnexe\n(1) Conciliation Officer..................(Here enter office address of the Conciliation Officer in the local area concerned).\n(2) Labour Commissioner, Bihar Patna.\nForm M\nForm M\nForm of notice of lock out to be given by an employer carrying on a public utility service\nForm of notice of lock out to be given by an employer carrying on a public utility service\nYours faithfully,\nAnnexe\nForm N\nForm N\nForm of report of Strike or Lock-out in a public utility service to be submitted by the employer under Section 22(3) of the Industrial Disputes Act.\nForm of report of Strike or Lock-out in a public utility service to be submitted by the employer under Section 22(3) of the Industrial Disputes Act.\nName of undertaking\nStation and district\nNormal working strength\nNumber of workers involved\nStrike or lock out\nDate of commencement of strike or lock-out\nCause\nWas notice of strike or lockout given, if so, on\n\t\t\t\twhat date and for what period\nIs there any permanent agency or agreement in the\n\t\t\t\tundertaking for the settlement of disputes between the employer\n\t\t\t\tand workmen? If any exists, particulars thereof\nAny other information\nDirectly\nIndirectly\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nNote. -\nNote.\nColumn (3). -Give the average number of workmen employed during the month previous to the day on which the strike or lock-out occurred. While reckoning the average,omit the days on which the attendance was not normal for reasons other than individual reasons of the particular workmen.Thus, day on which strike or lock-out occurs or communal holiday is enjoyed by a large section of workers should be omitted.\nColumn (4). -If say, 200 workers in a factory strike work and in consequence the whole factory employing 1,000 workers has to be closed, then 200 should be shown under \"directly\" and the remaining under \"Indirectly\". If the strike of 200 workers does not affect the working of the other departments of the factory, the number of workers involved would only be blank.\nColumn (8). -Give the main causes of the dispute as well as the immediate cause that led to the strike or lock-out.\nForm O\nForm O\nRegister\nRegister\nPart I\nPart II\n[Form O]\n[Form O]\n[See Rule 77-A]\nYours faithfully,\nAnnexure\n[Form O-2]\n[Form O-2]\n(See Rule 77-A)\n**Yours faithfully,\n* Here insert the date.\n**Here insert the position which the person who signs the letter holds with the employer issuing letter.\n[Form O-3]\n[Form O-3]\n(See Rule 77-B (1))\nForm of application for permission to lay-off or to continue the lay-off workmen in industrial establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply\nForm of application for permission to lay-off or to continue the lay-off workmen in industrial establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply\nYours faithfully\n(Signature)\nAnnexure\n(i) Whether Central public sector/State public sector/Foreign majority company/ joint sector, etc.\n(ii) If belongs to large industrial house, please indicate the controlling group; and if a Foreign majority company, indicate the extent of foreign holdings.\n(iii) Whether the undertaking is licensed/ registered and if so, name of licencing/ registration authority and licence/ registration certificate numbers.\n(b) The nature of the duties of the workmen referred to in sub-item(a), the units/ sections/shops where they are or were working and the wages drawn by them.\n(ii) Production figures month-wise for the preceding twelve months.\nStrike out whatever is inapplicable.\n11. Balance sheets, profit and loss accounts and audit reports for the last three years.\n(ii) Percentage of wages of workmen to the total cost of production.\n(i) managerial remuneration,\n(ii) sales promotion cost, and\n(iii) general administration expenses.\nForm P\nForm P\n(See Rule 78)\nForm of notice of retrenchment to be given by an employer under Clause (c) of Section 25-F of the Industrial Disputes Act, 1947\nForm of notice of retrenchment to be given by an employer under Clause (c) of Section 25-F of the Industrial Disputes Act, 1947\nCategory and designation of workmen to be\n\t\t\t\tretrenched\nEmployed\nNumber of workmen to be retrenched\n(1)\n(2)\n(3)\nYours faithfully\n[..........]\nAnnexe\n[Form P-A]\n[Form P-A]\n(See Rule 78-A(1))\nForm of notice for permission for retrenchment of workmen to be given by an employer under clause (c) of sub-section (1) of Section 25-N of the Industrial disputes Act, 1947 (XIV of 1947)\nForm of notice for permission for retrenchment of workmen to be given by an employer under clause (c) of sub-section (1) of Section 25-N of the Industrial disputes Act, 1947 (XIV of 1947)\nCategory and designation of workmen to be\n\t\t\t\tretrenched\nNumber of workmen\nEmployed\nTo be retrenched\n1\n2\n3\nYours faithfully,\n(Signature)\nAnnexure\n(i) Whether Central public sector/State public sector etc.\n(ii) If belongs to large industrial house, please indicate the controlling group; and if a Foreign majority company, indicate the, extent of foreign holdings.\n(iii) Whether the undertaking is licenced/ registered and if so, name of licensing/ registration authority and licence/ registration certificate numbers.\n(ii) Production figures month-wise for the preceding twelve months.\n(ii) Percentage of wages of workmen to the total cost of production.\n(i) managerial remuneration.\n(ii) sales promotion cost, and\n(iii) general administration expenses.\n[Form P-B]\n[Form P-B]\n(To be made in triplicate with additional number of copies for service on the workmen concerned)\n[See Rule 78-A (2)]\nForm of application for permission for retrenchment of workmen cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (31 of 1976) the period of notice given under clause (a) of Section 25-F for the retrenchment has not expired\nForm of application for permission for retrenchment of workmen cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (31 of 1976) the period of notice given under clause (a) of Section 25-F for the retrenchment has not expired\nDate .........\nName and addresses of workman/workmen\nCategory and designation\n1\n2\nYours faithfully\n(Signature)\nAnnexure\n(Please Give Replies Against Each Item)\n(i) Whether general public sector/State public sector/foreign majority Company/ joint sector, etc.\n(ii) If belongs to large industrial house, Please indicate the controlling group and if a foreign majority company, indicate the extent of foreign holdings.\n(iii) Whether the undertaking is licensed/ registered and if so, name of licensing/ registering authority and licence/ registration certificate numbers.\n(b) Date of the notice of retrenchment given to the workman concerned under Section 25-F (a) and the dates on which the said notice was served on each workman concerned.\n(ii) production figures monthwise for the preceding twelve months.\n(ii) Percentage of wages of workmen to the total cost of production.\n(i) managerial remuneration\n(ii) sales promotion cost; and\n(iii) general administration expenses.\n[Form Q]\n[Form Q]\n(See Rule 76-A)\nForm of notice of closure to be given by an employer under Section 25-FFA of the Industrial Disputes Act, 1947 (XIV of 1947)\nForm of notice of closure to be given by an employer under Section 25-FFA of the Industrial Disputes Act, 1947 (XIV of 1947)\nYours faithfully.\n*(Here insert the position which the person who signs the letter holds with the employer issuing this letter.)\nAnnexure\nStatement of Reasons\nStatement of Reasons\n(1) Deputy Labour Commissioner......................................\n(2) Assistant Labour Commissioner...................................\n(3) Superintendent of Labour........................................\n(4) Employment Exchange.............................................\n**Here insert the office address of the Deputy Labour Commissioner/Assistant Labour Commissioner/Superintendent of Labour/Employment Exchange in the local areas concerned.\n[Form Q-A]\n[Form Q-A]\n(To be submitted in triplicate)\n(To be submitted in triplicate)\n[See Rule 76B (1)]\nForm of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-0 of the Industrial Disputes Act, 1947 (XIV of 1947)\nForm of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-0 of the Industrial Disputes Act, 1947 (XIV of 1947)\nDate\nYours faithfully\n(Signature)\nAnnexure\nAnnexure\n(i) Whether Central Public Sector/State Public Sector, Foreign majority company/joint sector, etc.\n(ii) If belongs to large industrial house, please indicate the controlling group; and if a Foreign majority company, indicate the extent of foreign holdings.\n(iii) Whether the undertaking is licensed/ registered and if so, name of licencing/ registration authority and licencing/ registration certificate numbers.\n(ii) Production figures month-wise for the preceding twelve months.\n(ii) Details about inter-corporate investments and changes during the last one year.\n(iii) Interest of any of directors/officers of the undertaking producing same or similar type of product.\n[Form Q-B]\n[Form Q-B]\n(To be submitted in triplicate)\n(To be submitted in triplicate)\n[See Rule 76-3 (2)]\nForm of application for permission to close down an undertaking in cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976), the period of notice given under sub-section (1) of Section 25-FFA of intention to close down an undertaking has not expired\nDate...................\n(name of industrial establishment)\n(Give details of the undertaking)\n(Attested copy of the notice is appended hereto)\nYours faithfully.\n(Signature)\nAnnexure\nAnnexure\n(i) Whether Central public sector/State public sector/Foreign majority company/ joint sector, etc.\n(ii) If belongs to a large industrial house, please indicate the controlling group and if a Foreign majority company, indicate the extent of foreign holdings.\n(iii) Whether the undertaking is licensed/ registered and if so, name of licencing/ registration authority and licence/ registration certificate numbers.\n(ii) Production figures months-wise for the preceding twelve months.\n(ii) Details about inter-corporate investments and changes during the last one year.\n(iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.",
"footnote": "",
"is_definition": false,
"sort_order": 79
}
],
"metadata": {
"Act ID": "bh349",
"Act Number": "Published vide Notification No. 3/DI-1204/61-L and E.-5135, dated 25th July, 1961, Bihar Gazette (Extraordinary,) dated 4th August, 1961",
"Enactment Date": "",
"Act Year": "1961",
"Short Title": "The Bihar Industrial Disputes Rules, 1961",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}