THE BIHAR SHOPS & ESTABLISHMENTS RULES, 1955

PREAMBLE

In exercise of the powers conferred by Section 40 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of 1954), the Governor of Bihar is pleased to make the following Rules, the same having been previously published as required by sub-section (4) of the said section, namely:

CHAPTER I: PRELIMINARY

Rule - 1. Short title and commencement.

These rules may be called the Bihar Shops and Establishments Rules, 1955.

Rule - 2. Definitions.

In these Rules, unless there is anything repugnant in the subject or context

(a)      "Act" means the Bihar Shops and Establishments Act, 1953;

(b)      "Form" means a form appended to these rules;

(c)      "Government" means the Government of Bihar;

(d)      "Section" means a section of the Act;

(e)      the expressions "Labour Commissioner"," Assistant Commissioner of Labour" and " Superintendent of Labour" means persons appointed as such by the Government; and

(f)       words and expressions used in these rules and not defined shall have the meaning respectively assigned to them in the Act.

CHAPTER II: REGISTRATION

Rule - 3.

(1)     Every employer shall, within thirty days of the application of these rules to his establishment, make an application in duplicate in Form I to the Inspecting Officer for registration of the establishment.

(2)     [1][The application shall be signed by the employer and shall be accompanied by a treasury chalan or crossed Indian Postal Order drawn in favour of the Chief Inspecting Officer, Bihar, Patna in proof of payment of the registration fee as specified below:

[2][Scale of fee payable for the registration of an establishment.

Maximum number of employees Rates prior to amendments by S.O.1944 on any one day during the year dt. 27-12-75 which have become effective again consequent upon Patna High Court decision in B.K. Sinha vs. State of Bihar

 

For registration of an establishment, in which only members of employer's family are employed, the fee shall be Rs. 5/-only.

These revised rates shall be effective from 1st January, 1976.

(3)     If on receipt of the application, the Inspecting Officer is satisfied about the correctness of the statements made in the application, he shall register establishment in the Register of Establishments in Form II and issue a certificate of registration in Form III.

(4)     (a) the Inspecting Officer shall assign to every establishment a registration mark and a number which shall be noted distinctly, on the certificate of registration.

(b) The registration mark to be assigned to establishment in a district specified in the first column of the following table shall be as mentioned in the corresponding entries in the second column.

[3][TABLE

(c) The registration mark shall precede the registration number.

(5)     The Chief Inspecting Officer may, with the approval of the Labour Commissioner issue necessary instructions to the Inspecting Officer for the proper maintenance of the Register of Establishment.

(6)     Every employer shall display prominently the certificate of registration at the establishment.

(7)     In the event of any doubt or difference of opinion between an employer and the Inspecting Officer, as to the liabilities of registration of the establishment and payment of the fees therefore, the Inspecting Officer shall refer the matter to the Chief Inspecting Officer whose decision shall be final.

Rule - [3A. Renewal of certificate of registration.

(1)     The employer of every establishment shall apply to the Inspecting Officer for renewal of certificate of

registration in Form IA in duplicate, not less than thirty days before the date on which the certificate of registration expires, and if application is so made the establishment shall be deemed to be duly registered until such date of the certificate of registration is renewed.

(2)     On receipt of an application for the renewal of a certificate of registration, a certificate of renewal of registration shall be issued in Form III.

(3)     The fees chargeable for renewal of certificate of registration shall be the same as for the grant thereof.][4]

Rule - [3B.

Every Certificate granted under Rule-3, Shall remain valid till the closure of the concerned shops & Establishments"][5]

Rule - 4. Amendment of registration certificate.

(1)     An employer shall notify to the Inspecting Officer in Form IV any change in respect of any particulars furnished in his application in Form I or any previous application in Form IV immediately preceding the present one, within seven days of the occurrence of the change.

(2)     Every notice in Form IV shall be accompanied by the current registration certificate, and a treasury chalan or a crossed Indian Postal Order drawn in favour of the Chief Inspecting Officer, showing the payment of a fee of Re. 1 plus an amount, if any, by which the fee that should have been payable if the registration certificate had originally been issued in the amended form exceeds the originally paid for the registration certificate.

(3)     On receipt of the notice in Form IV accompanied by the registration certificate and the treasury chalan or the Indian Postal Order, the Inspecting Officer shall, on being satisfied about its correctness, make the necessary changes in the Register of Establishments, and amend the registration certificate.

Rule - 5. Transfer of registration certificate.

(1)     The registration certificate (Sec. 6) shall be non-transferable.

(2)     If any employer transfers his establishment to any other person he shall, within 14 days of such transfer, notify the fact of transfer with all the particulars required in Form 1 in respect of the transferee signed by himself and surrender the certificate of registration to the Inspecting Officer who, after satisfying himself about the correctness of the claim, issue a fresh certificate of registration in Form III to the transferee, and make an entry in the register of establishments accordingly.

(3)     Every such notice shall be accompanied by a treasury chalan or a crossed Indian Postal Order drawn in favour of the Chief Inspecting Officer showing payment of fees according to the scales of fees for the registration of an establishment as prescribed in rule 3 or five rupees, whichever is less.

Rule - 6. Loss of registration certificate.

Where a registration certificate is lost or destroyed, an application shall be made to the Inspecting Officer within seven days of such loss or destruction, for a duplicate copy which may be granted on payment of a fee of two rupees, either by crossed Indian Postal Order or by depositing the amount in the local treasury.

Rule - [7.

If an application for registration of an establishment or amendment of registration certificate is not received by the Inspecting Officer within time specified in the foregoing rule, the establishment shall be registered or the registration certificate shall be amended, as the case may be, on payment of a fee to be calculated in following manner:

The process of Registration or amendment shall be completed and for delay of every subsequent 3 months or part there of, 50% additional fee on the prescribed original fee shall be payable in one installment"[6]

Rule - 8. Penalty for making incorrect statement.

If any statement made in Form J or in Form IV is found to be incorrect, the employer shall be punishable with fine which may extend to one hundred rupees.

Rule - 9. Permanent closure of establishment.

(1)     If any establishment is closed permanently, the employer shall, within seven days of such closure, Secs 6 & 40 (2) (m) notify that fact to the Inspecting Officer, in Form V. The Inspecting Officer shall on being satisfied about its correctness, remove such establishment from the Register of Establishments, cancel the registration certificate and inform the employer accordingly.

Explanation. An establishment will be treated to have been permanently closed for the purpose of this rule if it is closed for a period of six months or more from the date of closure.

(2)     If the establishment is re-opened after its registration certificate has once been cancelled, the employer shall, within 15 days of such reopening make an application to the Inspecting Officer in form 1 for the registration of the establishment on payment of fees prescribed in rule 3 either through treasury or by crossed Indian Postal Order. The Inspecting Officer shall on being satisfied about the correctness of the statement made in the application, register the establishment in the Register of Establishment and issue a registration certificate.

Rule - 10. Procedure on death or disability of the holder of registration certificate.

If the holder of a registration certificate dies or becomes insolvent, the persons carrying on the business of such certificate holder shall not be liable to any penalty under the Act for exercising the power granted to the certificate holder by the registration certificate for the period of thirty days from the date of death or insolvency of the holder of registration certificate to enable him to make an application for amendment of the registration certificate in his own name and such amendment shall be subject to the fees prescribed in rule 4.

CHAPTER III: WEEKLY CLOSURE, WEEKLY HOLIDAYS AND LEAVE WITH WAGES.

Rule - 11.

[7][x xxx x]

Rule - [12. Notice for weekly holidays.

Every employer shall exhibit in his establishment a notice in Form VII specifying the day or days of the week on which the employees shall be given a holiday. The notice shall be exhibited before the persons employed cease work on Saturday immediately preceding the week during which it will have effect, and a copy of every such notice shall be delivered at the office of the Inspecting Officer within two days of its display in the establishment.][8]

Rule - [12A.

The employer shall maintain a service card in Form XXI in triplicate. A copy of this form after necessary entries made therein shall be furnished to employees, the second copy shall be delivered at the office of the Inspecting Officer within a week of his first employment in the establishment and the third copy shall be retained by the employer for the record.][9]

Rule - [13. Notice of period of work for employee.

Every employer shall exhibit in his establishment a notice in Form VII specifying the periods of work of each and every employee of the establishment. A copy of the notice shall be delivered at the office of the Inspecting Officer within two days of its display in the establishment.][10]

Rule - 14. Leave with wages Register.

(1)     Every employer shall maintain leave with Wages Register in Form IX.

(2)     The Leave with Wages Register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspecting Officer on demand.

Rule - 15. Appeal against refusal of leave.

(1)     An appeal under sub-section (7) of section 16 shall be preferred, within thirty days of the date on which Sec. 16(7) the refusal of leave is communicated to the employee before the Superintendent of Labour or the Subdivisional Magistrate of the local area concerned.

(2)     An Appeal shall be preferred in the form of a memorandum in duplicate, setting forth concisely the grounds of objection to the order appealed from either by the aggrieved employee himself or through an officer of a registered trade union. The memorandum shall be accompanied by a certificate signed by the appellant to the effect that the contents of the memorandum are true to the knowledge and belief of the appellant and that no appeal under sub-section (7) of section 13 has been filed previously before any other authority.

(3)     The Superintendent of Labour or the Subdivisional Magistrate as the case may be, shall call upon the employer by a notice to appeal before him either personally or through his agent at the specified time together with all relevant documents and witnesses, if any, and shall inform the appellant of the time so specified.

(4)     If the employer or his agent fails to appear at the specified time, the authority may proceed to hear and determine the appeal ex-parte.

(5)     If the appellant fails to appear at the specified time, the authority may dismiss the appeal.

(6)     The party aggrieved by the order made under sub-rule (4) or (5) may file an application within thirty days of the passing of the order to have the order set aside:

Provided that no such order shall be set aside unless applicant shows sufficient cause for his non-appearance when the appeal was called on for hearing.

Provided further that no order shall be made under this sub-rule unless notice of the application has been served on the opposite party.

(7)     Every such memorandum of appeal shall bear a court fee stamp of Re. 1.

(8)     The Superintendent of Labour or the Subdivisional Magistrate as the case may be, shall record briefly the evidence adduced before him, hear the parties and then pass order, giving reasons thereof. The orders so passed shall be final and binding on the parties. The orders shall be communicated to the parties immediately.

(9)     The compensation awarded under section 16 may be recovered

(a)      If the authority is a Magistrate, by authority as if it were a fine imposed by him as Magistrate; and

(b)      if the authority is not a Magistrate, by any Magistrate, to whom the authority sends written requisition duly signed and sealed in this behalf as if it were fine imposed by such Magistrate.

Rule - 16. Mode of computation of cash value of wages.

The retail price at the nearest market to be selected by Inspecting Officer, if there are Sec. 17 (2) more than one such markets, shall be taken into account in computing the cash equivalent of any benefit accruing by the sale of food grains and other articles at concessional rates. The computations shall be made in accordance with such directions as may be issued by the State Government from time to time.

CHAPTER IV: WAGES, DISCHARGE OF AN EMPLOYEE

Rule - 17. Register of wages.

A register of attendance and wages shall be maintained by every employer in Form X.

Rule - 18. Deduction from Wages.

(1)     No deduction except as provided hereinafter shall be made by an employer from the wages of Sec. 25 an employee

(a)      fines;

(b)      deductions for absence from duty;

(c)      deductions for damage to or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;

(d)      deductions of house accommodation supplied by the employer;

(e)      deductions for such amenities and services as Government may by general or special order authorise;

Explanation  The word "service" in the sub-rule does not include supply for tools any raw materials required for the purpose of employment.

(f)       deductions for recovery of advance or for over payments of wages

(g)      deductions of income-tax payable by the employee;

(h)     deductions required to be made by order of a court or other authority competent to make such order;

(i)       deduction for subscription to and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (XIX of 1925), applies or any recognised fund as defined in section 58 A of the Indian Income-Tax Act, 1922 (XI of 1922)1, or any Provident Fund approved in this behalf by the State Government during the continuance of such approval; 

(j)       deductions for payment to co-operative societies approved by Government or to a scheme of Insurance approved by Government;

(k)      deductions for revenue stamp required to be attached to pay receipts, where applicable; 

(l)       deductions for any saving scheme approved by Government with the written authority of the employee; 

(m)    deduction on account of supply of cooked food or refreshments previously approved by the Chief Inspecting Officer; and

(n)     deductions for contribution to the National Defence Fund or to any Defence Saving Scheme approved by the State Government with the written authority of the employee.

Explanation. Every payment made by the employee to employer or his agent shall for the purposes of these rules be deemed to be a deduction from wages.

(2)     An employer desiring to impose a fine on any employee or to make a deduction for damage or loss caused to him shall explain to him personally and also in writing the act or ommssion or the damage or loss in respect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer an explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him in writing.

(3)     The total amount of fine which may be imposed in any one wage period on any employee shall not exceed an amount equal to half an-anna in the rupee of the wages payable to him in respect of that wage period.

(4)     No fine shall be imposed on a child.

(5)     All fines realised shall be expended only on such purposes beneficial to the persons employed in the establishment as are approved by the Chief Inspecting Officer.

(6)     A deduction under clause (c) of sub-rule (1) shall not exceed the amount of damage or loss caused to the employer by the neglect or default of the employee

(7)     (a) Deductions may be made under clause (b) of sub-rule (1) only on account of the absence of an employee from the place or places whereby the terms of his employment he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

(b) The amount of such deduction shall in no case bear to the wages payable to the employee in respect of the wages period for which the deduction is made a larger proportion than the period for which he was absent to the total period within such wage period, during which by the terms of his employment he was required to work.

(8)     A deduction under clause (d) or clause (e) of sub-rule (1) shall not be made from the wages of an employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and in the case of a deduction under clause (e) shall be subject to such conditions as Government may, by notification in the official Gazette impose.

(9)     Deduction under clause (j) or clause (n) of sub-rule (1) shall be subject to such conditions as Government may, by order impose.

Rule - 19. Register of fines and deductions,

The amount of fine realised and all deductions imposed on the wages of employees shall be recorded in a register in Form XI.

Rule - 20. List of acts which may be termed as misconduct.

(1)     The following acts shall each be treated as misconduct for the purposes Secs. 26 (1) & 40 (2) (c) of the proviso to sub-section (1) of section 26:-

(a)      wilful insubordination or disobedience, whether alone or in combination with other, to any lawful and reasonable order of a superior;

(b)      wilful damage or loss of employer's property;

(c)      taking or giving bribes or any illegal gratification;

(d)      theft, fraud or dishonesty in connection with the employer's business property;

(e)      habitual absence without leaveor absence without leave for more than ten days;

(f)       habitual breach of any law applicable to the establishment;

(g)      habitual late attendance;

(h)     riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;

(i)       habitual or gross negligence or neglect of work;

(j)       striking work or inciting others to strike work in contravention of the provisions or any law or rule having the force of law.

(k)      breach of the provisions of the Standing Orders applicable to the establishment and certified under the Industrial Employment (Standing Orders) Act, 1946.

(2)     No order of discharge on ground of misconduct shall be made unless the employee concerned is informed in writing of the alleged misconduct and is given an opportunity to defend himself and explain the circumstances alleged against him,

Rule - 21. Complaint under sub-section (2) of section 26.

(1)     Any employee aggrieved by an order of dismissal or discharge under section 26, may make a complaint to a Labour Court constituted under the Industrial Disputes Act, 1947 (14 of 1947) or to an officer authorised in this behalf by a notification in the official gazette, either himself or through an officer of a registered trade union. Such Court or officer shall entertain the complaint petition and hear the same in the manner prescribed in sub-rules (4) to (8).

(2)     The complaint petition shall be prepared in the form of a memorandum in duplicate, setting forth concisely the grounds of objection to the order complained against. The memorandum shall be accompanied by an affidavit or sworn before a Magistrate of the First Class that the contents of the memorandum are true to the knowledge and belief of the applicant and that no such complaint has been filed and heard before any other authority.

(3)     Every such memorandum shall bear a court-fee stamp of Rs. 5/-:

Provided that the authority may, in consideration of the poverty of the applicant, reduce or remit this fee.

(4)     The authority entertaining the complaint petition shall call upon the employer by a notice to appear on the date fixed before him either personally or through his agent at a specified time and place together with all relevant documents and witnesses, if any, and shall inform the complainant of the said date, time and place of the hearing of the said case.

(5)     If the employer or his agent fails to appear on the date fixed at the specified time, and place, authority may proceed to hear and determine the complaint petition ex-parte unless for proper reasons to be recorded in writing the hearing is adjourned to another date.

(6)     If the complainant fails to appear on the date fixed or any date subsequent thereto to which the hearing may be adjourned for reasons considered proper the authority may dismiss the complaint.

(7)     An order passed under sub-rule (5) or sub-rule (6) may, on sufficient cause being shown within thirty days of the date of the order, be set aside and the complaint re-heard, notice being served on the opposite party of the date fixed for hearing.

(8)     The Labour Court or the officer authorised in this behalf, as the case may be, shall record briefly the evidence adduced before him, hear the parties summarily and after making such further enquiry as he may consider necessary, pass orders giving reasons therefor. The orders, so passed, shall be communicated to the parties immediately.

Rule - 22. Application under sub-section (1) of section 28.

(1)     An application under sub section (1) of section 28 shall be made to a Subdivisional Magistrate or an Assistant Commissioner of Labour [11][or Deputy Commissioner of Labour] of the local area or the Presiding Officer of the Labour Court, mentioned in column 2 of Schedule hereto annexed Provided that an application may be admitted after the period of six months if the applicant satisfies the authority that he had sufficient cause for not making the application within such period:

[12][SCHEDULE

Provided that the cases pending before the Presiding Officers of Labour Courts from before shall be heard and disposed of by them.

(2)     An application under sub-section (1) of section 28, by or on behalf of an employee shall be made in duplicate in Form XII, Form XIII or Form XIV, as the case may be, one copy of which shall bear the requisite court-fee as prescribed in rule 25. The application shall be accompanied by a certificate signed by the applicant to the effect that the contents of the application are true to the knowledge and belief of the applicant, and that no such application for the same dues has been filed before any other authority.

(3)     The authorisation to act on behalf of an employee or employees under section 28 shall be given by a certificate in Form XV and shall be presented to the authority hearing the application and shall form part of the record.

(4)     Documents relevant to an application may be presented in person or sent by registered post to the authority at any time during such hours as may be fixed by the authority for this purpose.

(5)     The authority shall at once endorse or cause to be endorsed on each documents the date of the presentation of receipt, as the case may be.

(6)     (i) The authority may refuse to entertain an application presented under sub-rule (i), if after giving the applicant an opportunity of being heard, the authority is satisfied for reasons to be recorded in writing, that the applicant is not entitled to present an application or the application is barred by reason of the provisions in sub-rule (1) or the application shows no sufficient cause for making a direction under section 28.

(ii) The authority may refuse to entertain an application which is insufficiently stamped or is otherwise incomplete, and if he so refuses, he shall return it with a note about the defects, the application suffers from. If the application is presented again after removing those defects, the date of representation shall be deemed to be the date of presentation for the purposes of provisions in sub-rule (2).

(7)     If the application is entertained, the authority shall call upon the employer by a notice in Form XVI to appear before him at a specified time together with all relevant documents and witnesses if any, and shall inform the applicant of the time so specified.

(8)     The authority shall briefly record the evidence adduced before him, shall hear the parties summarily and after making such further enquiry as he may consider necessary for a just and proper decision, shall pass orders recording in writing the direction which he may issue under sub-section (3) of section 28, as the case may be, giving the reasons therefor, and communicate the same to the parties without delay.

(9)     If the employer or his authorised agent fails to appear at the specified time, the authority may proceed to hear and determine the application ex-parte.

(10)   If the applicant fails to appear at the specified time, the authority may dismiss the application.

(11)   [13][An order passed under sub-rule (9) or sub-rule (10) may on good cause being shown within thirty days of the date of the said order, be set aside and the application re-heard, notice being served on the opposite party of the date fixed for re- hearing.]

(12)   The authority shall in all cases enter the particulars of every direction under sub-section (2) of section 28 in Form XVII which shall be signed and dated by him.

(13)   [14][The State Government may by notification in the official Gazette withdraw or recall any case or appeal pending before an authority prescribed under sub-section (2) of section 26 or sub-sections (1) and (7) of section 28 of the said Act and transfer the same to another prescribed authority for disposal.

Rule - 23. Recovery of amount directed to be paid by authority.

Any amount directed to be paid under sections 26 and 28 may be recovered Secs. 28(4) and 40(2)

(a)      if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate; and

(b)      if the authority is not a Magistrate, by any Magistrate to whom the authority sends written requisition duly signed and sealed in this behalf, as if it were a fine imposed by such Magistrate.

Rule - 24. Appeal under sub-section (7) of section 28.

(1)     An appeal under sub-section (7) of section 28 shall be preferred within thirty days of the date on and which the direction was made before the Industrial Tribunal, Patna, Bhagalpur and Tirhut Divisions in respect of the cases relating to Patna, Tirhut, Kosi and Bhagalpur Divisions and before the Industrial Tribunal, Chotanagpur in respect of cases relating to Chotanagpur division or an officer authorised in this behalf by a notification in the official Gazette. Secs. 28 (7)

Provided that the appeals already pending before the Presiding Officer, Industrial Tribunal, Patna, Bhagalpur and Tirhut Divisions, (Appellate Authority) shall be heard and disposed of by him.

(2)     An appeal shall be preferred in the form of a memorandum in duplicate, one copy of which shall bear the requisite court-fee stamps as prescribed in rule 25 setting forth concisely the grounds of appeal and accompanied by a certified copy of the direction against which appeal is preferred.

(3)     When an appeal is lodged, the Appellate Authority shall cause a notice to be issued to the respondent in Form XVIII through registered post with acknowledgement due.

(4)     The Appellate Authority after hearing the parties and after making such further enquiry, if any, as it may deem necessary, may confirm, vary or set aside the direction from which the appeal is preferred, and shall record an order accordingly with reasons therefor. The order so passed shall be communicated to the parties without delay.

Rule - 25. Fees.

The court fee payable in respect of proceedings under rule 22 Sec. 28 and rule 24 shall be

(a)      for every application to summon a witness four annas in respect of each witness;

(b)      for every application made under sub-section (1) of section 28 by or on behalf of an individual before the authority  eight annas;

(c)      for every application made under sub-section (1) and sub-section (8) of section 28 by or on behalf of an unpaid group before the authority  four annas for each member of the group subject to the maximum of five rupees;

(d)      for every appeal under sub-section (7) of section 28-five rupees:

Provided that the authority may in, consideration of the poverty of the applicant, reduce or remit this fee:

Provided further that no fee shall be chargeable in respect of an application presented by an Inspecting Officer.

CHAPTER V: INSPECTING STAFF.

Rule - 26. Powers of Inspecting Officer.

An Inspecting Officer shall, for the purpose of giving effect to the provision of the Act and these rules, have powers to do all or any of the following things, namely Sec. 30 (1) and 40 (2) (i)

(a)      to inspect and make such examination of the premises and of the registers records and notices as may appear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and of the Rules and any order passed by Government under the Act are being properly observed.

(b)      to prosecute and to assist in the conduct and defence of any complaint or other proceedings arising under the Act or in the discharge of his duties as an Inspecting Officer.

(c)      to satisfy himself at each inspection that

(i)       the registers, records and notices required to be maintained or exhibited under the Act or these rules are properly maintained and exhibited;

(ii)      the intervals for rest and the holidays required to be granted under the Act are granted and that the limits of hours of work and spread over laid down under the Act are not exceeded;

(iii)     the provisions of the Act relating to the payment for overtime work are duly observed;

(iv)    no child below the age of twelve years is allowed to work in any establishment to which the Act applies;

(v)      the provisions of the Act and any order issued by the Government regarding the opening or closing hours are duly observed; and

(vi)    how far the defects pointed out at previous inspections have been removed and how far orders previously issued have been complied with; and

(d)      to point out all defects or irregularities as he may have observed and to give orders for their remedy or removal and hand over to the employer a summary of the defect or irregularities and of his orders.

Rule - 27. Records of inspection

The Inspecting officer shall keep a separate file of the records of his inspection of each establishment. Secs 30 (1)and 40 (2) (m)

Rule - [27A. Register of Establishment.

The Inspecting Officer shall earmark one page exclusively of the Register of Establishment prescribed in Form II for the purpose of registration/ [15][x xxx x] amendment of each establishment.][16]

Rule - 28. Service of order passed by Inspecting Officer.

Every order by the Sec. 30 (1) Inspecting Officer under the Act and the rules shall be served on the and 40 (1) employer of an establishment

(a)      by delivering a copy of the same to him personally or at his office; or

(b)      by registered post.

Rule - [29. Inspection Book.

(1)     Every employer shall maintain an Inspecting Officers' Visit and Inspection Book, in which Inspecting Officers may record his remarks regarding any defect that may come to light in the course of an inspection of the establishment, and shall produce it whenever required to do so by an Inspecting Officer. Sec. 30 (1) and 40 (2) (m)

(2)     The Inspecting Officer's Visit and Inspection Book shall be a bound book of (sic)size 7"6" containing at least 100 (one hundred) pages, every second page thereof shall be consecutively numbered and the unnumbered page between each two consecutively numbered pages shall have a vertical perforated straight line on the margin side at a margin of 1". Every numbered page shall contain the following heading at the top: (1) The name of establishment of employer, (2) Locality, (3) Registration number of establishment, (4) Date of inspection, (5) Time, and (6) Remarks.

(3)     In case of the Visit Book containing the remarks passed by an Inspecting Officer is lost, the employer shall forthwith report in writing the loss of the Visit Book to the Inspecting Officer and immediately maintain a new Visit Book.][17]

Rule - 30. Hours of Inspection.

An Inspecting Officer shall ordinarily visit or inspect an establishment during the normal working hours, but he may visit an establishment at any time if he has reasonable doubts that the employer is infringing the provisions of the Act or the rules beyond such hours.

CHAPTER VI: MISCELLANEOUS.

Rule - 31. Display of notices.

Every employer shall exhibit in the establishment a notice containing such extract of the Act and these rules as the Inspecting Officer may direct.

Rule - 32. Manner in which notice should be exhibited.

Any notice required to be exhibited under these rules shall be exhibited at the main entrance of the establishment and shall be renewed whenever it becomes defaced or otherwise ceases to be clearly legible.

Rule - 33. Entries in registers, records and notices.

In any register or record which an employer is required to maintain, under these rules, the entries relating to a day shall be made on such day and shall be signed and dated.

Rule - 34. Period for which registers, records and notes should be prescribed.

Save as otherwise provided, the registers, records and notices relating to any calendar year shall be prescribed for a period of three years after the end of the calendar year, to which they relate.

Rule - 35. Suspension of operation of the Act.

The operation of all or any of the provisions of the Act may be suspended by a notification in the Official Gazette up to a period of thirty days at a time in any area in respect of establishment or any class of establishment on account of public holidays or occasions or for any other reason as the Government may determine:

Provided that the employees of the establishment or class of establishment so exempted shall be entitled in respect of the overtime to wages at the rate laid down in section 21.

Rule - 36. Drinking water.

The employer shall make arrangement for the supply of adequate and wholesome drinking water for the employees, the area around the place where drinking water is distributed shall be kept dean and properly drained.

Rule - 36A. Cleanliness.

(1)      (a) In every establishment all the inside walls of the rood and all the ceilings of such rooms, whether such walls or ceilings be plastered or not and all the passages and staircases shall be lime washed or colour washed at intervals of not more than twelve months dating from the time when they were last lime- washed or colour- washed and shall be maintained in clean state.

(b) All beams, rafters, window-frames and other wood-work with the exception of floors shall be either lime- washed, colour- washed at intervals of not more than twelve months, dating from the time when they were last lime-washed or colourwashed or shall be printed or varnished at intervals of not more than seven years dating from the time when they were last painted or varnished and shall be maintained in a clean state.

(2)      Rubbish, filth, or debris shall not be allowed to accumulate or to remain on any part of the establishment for more than 24 hours and shall be disposed within"-the said period. All filth and other decomposing matters shall be kept in covered receptacles.

(3)      The establishment and the compound surrounding shall be maintained in a strictly sanitary and clean condition. The floor shall be swept or otherwise cleaned at least once daily, and the ceiling, shall be at least once a month.

Rule - [36B. Ventilation.

In every establishment arrangement for ventilation openings shall be provided and the opening shall be such as to admit of a continued supply of fresh air.][18]

Rule - 37. Maintenance of records and registers.

(1)     Save as otherwise provided, all registers, records and notices required to be maintained, exhibited or given under these rules shall be either in English or in Hindi in Devanagri script or in the Court language of the area.

(2)     All such registers and records shall be kept both at the office of the establishment and the place of business.

(3)     If the Inspecting Officer is of the opinion that any muster- roll or register maintained in an establishment gives in respect of any or ail of the employees in that establishment, the particulars required in the Forms IX, X and XI, he may, by order in writing direct that such muster-roll or register shall to the corresponding effect be maintained in place of and be treated as the registers required to be maintained in Forms IX, X and XI of that establishment.

Rule - 38. Proof of age.

An Inspecting Officer may require an employer to produce an authentic extract from the records of any School, Village Panchayat or Municipality, or in the absence of such extract at least a certificate from a Registered Medical Practitioner showing the age of any person employed by such employer.

Rule - 39. Payment of fees.

(1)     The fees to be paid into the local treasury under these rules shall be deposited under the head of account [19][ XXXII Miscellaneous Social and Development Organization -Receipts from Bihar Shops and Establishments Act, 1953.

(2)     No claim for any refund of the fees payable under these rules shall be entertained.

Rule - 40. Fees for copies of papers and documents.

The authorities appointed under rules 15,21, 22 and 24 may issue copies of papers and documents to the parties on payment of fees prescribed in the Bihar Records Manual, 1951, for supply of papers and documents in district offices.

Rule - 41. Legal Practitioners,

No legal practitioner shall be allowed to appear in appeals under sections 16 and 26.

Rule - 42. Annual Returns.

Every employer shall send to the Inspecting Officer an annual return for the calendar year giving such information in respect of employment, wages and other matters relating to working conditions of employees as may be required by the Chief Inspecting Officer so as to reach him on or before the 31st March of the succeeding year.

Rule - 43.

[20][x xxx x]

Rule - [44. Carrying of loads.

(1)     No man, woman or young person shall unaided by another person be required or allowed to lift, move and carry by hand or on head, load exceeding the maximum limit in weight set out in the following schedule.

SCHEDULE

(2)     No person shall either individually or in conjunction with others engage in lifting, moving or carrying by hand or on head any material, article, tool and appliance, if the weight thereof exceeds the maximum limits fixed by the Schedule to sub-rule (1) for any of the persons engaged, multiplied by the number of the persons so engaged.

(3)     Where due to technical or practical difficulties it is not possible to reduce the weight to the maximum permissible limits prescribed under sub-rules (1) and (2) above, mechanical devices such as wheel-barrows and fork lifts shall be provided for the transportation of loads and action will be taken to ensure that help is made available to the loader to lift such loads for removing them from the wheel-barrows or fork lifts, etc.][21]