Draft of Industrial Relations (Bihar) Rules, 2021

The Draft Rules of Bihar for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 22 February 2021.

Applicability

The Draft Rules upon coming into force shall extend to the whole of the State of Bihar, and shall come into force from the date of their final publication in the Official Gazette.

The Draft Rules upon coming into force shall repeal:

  • The Bihar Industrial Dispute Rules, 1961.
  • The Bihar Industrial Employment (Standing Orders) Rules, 1947 and
  • Bihar and Orissa Trade Union Regulations, 1928

Compliances

  • Form I - Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding [Rule 2]
  • Form II - Form of Auditor’s' Declaration [Rule 8(ii]
  • Form III - Form of Affidavit [Rule 9]
  • Form IV – Statement of Assets and Liabilities [Rule 10]
  • Form V – Application for Registration of Trade Union [Rule 11]
  • Form VI – Certificate of Registration of Trade Union [Rule 12]
  • Form VII – Register of Trade Unions [Rule 12(1)]
  • Form VIII - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 18]
  • Form IX – Annual returns [Rule 21]
  • Form X - Notice of change of service conditions proposed by an employer [Rule 32(i)]
  • Form XI - Agreement for voluntary arbitration [Rule 33(1)]
  • Form XII - Authorization by a worker, group of workers, employer, group of employers to be represented in a proceeding before the authority under this Code [Rule 35, 56, 57]
  • Form XIII - Form of Oath of Office for Judicial Member or Administrative Member (whichever is applicable) of Industrial Tribunal [Rule 36 (19) and 37(20)]
  • Form XIV - Complaint under Section 91 of the Code, 2020 [Rule 38 (5)]
  • Form XV - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 39, 59]
  • Form XVI - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 40 (1), 59]
  • Form XVII - Notice of Intimation of Retrenchment/ Closure to be given by an employer to the State Government under the provisions of Chapter IX of the Code and rules made thereunder [Rule 41, 43 and 59]
  • Form XVIII - Application for permission of Lay-off/ Continuation of Lay-off/ Retrenchment/ Closure to be given by an employer / Industrial establishment / Undertaking to the State Government under the provisions of Chapter X of the Code and rules made thereunder [Rule 44, 45, 47and 49]
  • Form XIX - Notice to the Employer who committed an offence for the first time under the code, for compounding of offence under section 89(4) [Rule 53]

References

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