I l, [ir ill The Bihar Minimum Wages Rutes, 1g51 .- Notification No.w3-1019/51-1.-197 dated the 12th November, 19si._ln exercise of the polef corrfened by section 30 of the Minimum wages nct,1948, (A.ct Xl of 1948), the Governor of Bihar is pleased to ,"r" tne t6towini ::A S? ffi 1""n1 I gjee n p rev i o u s I v p u b I i sh e d as req u i re J by ., n -.
".ri " " 6 ; ;i
CHAPTER I - Preliminary
1. short tiile and extent.-(1)These rures may be cailed the Bihar Minimum Wages Rules, 19S1.
(2)They extend to the whole of the State of Bihar. ;'
2. lnterpretation.-ln these rules, unless the context otherwise requires_
(a) 'Act' means the Minimum Wages Act, 194g;
(b) Deteted;
(c) 'Authority- means the authority appointed under sub-section (1) of section 20;
'Board' means the Advisory Board appointed under sec.7.
'chairman' means the chairman of the Advisory Board or the Committee, 1[*'l as the case may be appointed unOer *.iion g;
'committee' means a committee appointed under clause (a) of subsection (1) of section 5 and includes a sub.committee afpointed under that section;
'day' means a period of 24 hours beginning at midnight;
'form' means a form appended to these rules;
'lnspector' means a person appointed as lnspector.under section 19;
'registered trade union' means a trade union registered under the lndian Trade Union Act, 1g26;
'section' means a section of the Act; and att otrer iords and expressions used herein and not defined shall have the.peaning respectively assigned to them under the Act.
CHAPTER II 21Membership,,Meetings & S,taff of the Board and Committee
3. Term of offlce of the members of thE Commlttee rl.*1._tne term of office of the members of the committee 1[*.] stratt Le sucn ., inin. opinion of lhe ,state Government is necessary for completing the enquiry into the schelduled employment concerned and the state Goveinment d"y, "t the time of the constitution of the committee 11.1 fix such terms ano *iv, iro, tir" to'tir" extend it as circumstances may require - -- -""- t ' !v-o1{s ll_ovisory committee" deleted by Notification No. \f/w3-1022/58-L-19583 dated22.11.1958.
(d)
(e)
(f)
(ff)
(g)
(h)
(i) 0)
(k) fl rffi fTiSiEEryry'iirii:ii ) t I 50I Bihar Minimumwages Rules, 1951
4.Term ol officeol memberorthe Board.-(1) Save as otherwise expressly provided in these rules, the term of office of non-otticial member ol the Board shall be two years commencing from the date ol his nomination :
Provided ihat such member shall, notwithstanding the expiry of the said period of two years continue to hold office untjl his successor is nominated :
Provided further that the term of office of a non-otficial member may be terminated by the Stale Government earlierthan the period specified above,
(2) A non-otficial member ol the Board nominatod to fill a casual vacancy shall hold otlice lor the remaining period of ollice of the member in whose place he is nominated.
(3)The olficial members of the Board shall hold office during the pleasure of lhe State Government.
r[4A. Nomination ol substitute-members.-ll a member is unable to attend a meeting of the Committee or lhe Board. the State Government or lhe Body which nominaled him may by notice in writing signed on its behalf and by such memberand addressed to the Chairman ofthe said Committee orthe Board nominale a substitute in his place to attend thal meeting. Such a substitute member shall have all the righis of a member in respect of that meeting.
5. Travelling allowance.-A non-official member of the Committee 2['], or the Board shallbe entitled to draw travelling and haliing allowances forany'joumey performed by him in connection with his duties as such memberat such rates and subject to such conditions as the State Government may deiermine from lime to time.
6. Sraff--(1 )The State Government may appoint a Secretary b the Committee, 2["] or the Board and such other staff as it may think necessaty'and may Iix the salaries and allowances payable to them and specify their conditions oI service.
(2) (i) The Secretaty shall be the Chief ExEcuii\,/e Officer of the Committee, 2["]or Board, asthe case may be. He may attend the meetings of such committee, 2["] or Board but shall not be entitled to vots al such meetings.
(ii)The Secretary shallassisi the Chairman in convening meetings and shall keep a record of the minutes of such meeting and shall take necessary measures to carry out the decisions of the Commiitee, 2['.] or the Board, as thg case may be.
7. Eligibility lor re-nomlnatlon ol the members ol the Committee.nd ihe Board--An outgoing member shall be eligible for re-nomination for the membership of the Committee, 2["]orihe Board ofwhich he was a member.
8. Besignatlon of Chairman and members ollhe Commlttee,2["] -or the Board and ,ilting ot casual vacancies.-(1) A member of the Committee 2["] or the Board otherlhan the Chairman may, by giving notice inwriting to the Chairman, resign his membership.
(2) A resignalion shall take etfect from the date of communication of its acceptance or on the expiry of 30 days from the date ol resignation, whichever is earlier.
ilTiliiilfrIiizzii-li6iilii zz tt.tssa.
2. Words'Advisory Commitiee' omilted by ibid.
(3) When a vacancv occurs or is tikely to occur in the membership ol the c.r--iilo. 1l"l or the doard. the Chairman shall submit a report lo the Stale o*"in..nt ii",i',"olately.The State Government shalltake sleps to fillthe vacancy
9. Cessation and restoralion ot membelshlp'-(1) ll a member of the Co.ritt.., rt"l or the Board fails to attend without suflicient cause' three consecutive meetings, he shall, subiecito the provisions ol sub-rule (2)' cease to be a member thereof.
(2) A person who ceases to be a member under sub-rule (1) shall be given intim;tion of such cessation by a letter sent to him by registered post withinJifteen davs from the date of such cessation The letter shall indicate that il he deslres i"Jtoratlon ot his membership, he may apply thereof within thirty days trom the receiot of such letter. The application tor restoration of membership,il received ,rriitrii itr" saia p"tioa, shall be placed betore the committee it"l orthe Board' as the case may be and il a majority of members present at the next meeting are i"ii"f"a t"i tt" reasons fol failure to atiend thtee consecutive mestings are .a"quut" tn" member shall be restored to membership immediately after a resolution to that etfect is adopted.
10. Disqualilicatlon.-(1) A person shallbe disqualilied lorbeing nominated as, and lor being a member of the Committee, 1t"l or the Board, as the case may be Bihar Minimum Wages Rules, 1951 [51 if he is dectared to be of unsound mind by a competent court;or if he is an undischarged insolvent;or if betore or afterlhe commencement of the Act, he has been convicted of an otfence involving moralturpitude.
I Flules 4-8 Rules 9-13l
(i) (i0 (iiD I t
(2) lf any question arises whether a disqualitication has be-en incurred under sut-rute 1l;, ine aecision of the State Government thereon shallbe final'
11. Meetings.-The Chairman may, subiect tothe provisions ot rule 12'.call a meeting of the C;mmittee, 1["] or the Board, as the case be at any time he thinks ft:
Provided that on a requisition in writing from not less than one half of the members, the Chairman shall call a meeting wilhin fitteen days from the date of receipt of such tequisition.
:12.
Notlce ot Meetlngs.-The Chairman shatlfix-the date,lime and place of everv meetinqs, and notiae in writing containing the aforesaid particulars along *irn " ii"t ot brisiness to be conducted at the msetings shall be sent to each .emu., Uy registered post alleast lifteen days beiore the date lixed for such meeting :
P;ovided that in the case of an emergent meeting, notice of ser'/en days only mai be given to every member.'
13. Ctrairman.ll) The Chairman shall preside at the meetings ol Committee, 1["] orthe Board, as the case may be.
(2) ln the absence ol the Chairman at any meeting, the members shall Elect t. W*d" 'eOri"ory Committee' omittsd by Notitication No VI/W3-'!022,58L 19583 dat€d 22.11.1958.
Rules 19-21 l Bihar MinimumWages Rules, 1951 Is3 521 Bihar MinimumWages Rules' 1951 I Rules 14-18
(ii) in'the case ol an employers'organisation or a registeredTrade Union of workers, b;';;iil;"li"i"i ot sent bv registered egst lo ll:
secretary ot tie piiniip"f otficer of the organisation or union' as the case maY be'
(a) The provisions ot the Code ol Civil Procedure' 1908' relating to the summoning and enfrcrceme"i "r t-n" +p*i""ce of wiinesses and the production of documents snatt, so ar Is;;;;;idyi;pioceeoing before a committee 1['*] or the Board.
,(s) AI books, papers and other documents "lJi::::JffiH::1J-:l",ii;
Committee l1"l or the Board in pursuance ol a summ( may be inspected uv t" itt"ii'i"n ano inoependent members' and also by such parties as the Chairman ;;t J6* with the consent of the other party' but the information so obtained .n"ri o"ir""t"d as confidential and the same shall be ,rO" prlif ""ly with the consent in writing of the party concerned :
provided that nothing contained in this rule shall apply to disclosu.re of any such information for the p"ti"t" "t a prosecution under section 173 of the lndian Penal Code (45 ol 1860)'
19. Expenses of witnesses--Every person who is summoned and appears "" *itnl"" ufii" in" Corhiitr" rp1 or rh6 board shall be entitled to an allowance lor expenses incurred by hil'i;
";;rdance with the scale for the time being in force for payment of such allowances to witnesses appearing in civil courts in the State.
CHAPTER IV Computation & Payment otWages' Hours.of Works and Holidays
20. Mode or compi'tation of thi cash value ol wages'-The whole'sale prices at the n"arest marrli]t'Jl .!["t"J uy ttre lnsoector if th6re are more than one such market, snarr ue ialen into accountjn computino in eabhvalue of wages paid in kind .no ot ".."nii;l';;;;;itts supplied at-ioncession rates' This computation shallbe,";;; ";;;;d;;";
with iuch directions as mav be issued by the State Government trom time to time'
21. rime "no "oiirtfons ot Payment ol waoes and the deductions permlssible tro, ,"g"".aiii'[1it "-*iS"r.Oeriod wii'h resoect to anv'scheduled employment br wnicn wiges'li# ffi.IF th"ll not exceed one month and the waiejof worker in the employment shall be paid-
(a) in ttre case lt-Lst"utisttm"nts- in which less than one thousand persons ;;pl"y"d' belore the o<piry of the seventh d?.y;3nd .,
(b) in the case of ott"' ett"Uittt'"ntt' bebre the o<piry ol the tenth dry' after tre last OaV otii"' ^g" petioO i" respec{ ot which the wages are payaHe'
(il) Where the employment if anY P.?Pon is terminated by or on behall otthe employer, lhe wages ""t#;thit thltt o" paid before the expiry of the second workino dav after the Oay on rv'nicn his employment is terminated'
1. words .Advisory coriliiiifiGl-uy N6tification No. Vl/102258, L-1s583 dated
29.1 1.1958.
2. lns by G.S.R. 66 dated 26'6'1971' lrom amongst ihemselves, a member by a majority ol votes' who shall preside at t'"n fi:T:;rum.-No business shall be trandacted at #J:"j':gji:ff:
atleast one third of the members and atleast one representative of the employers and emPloYees are Preseni:
Provided that when at any m?eting no- PPrgl.entative of the employars or emolovees has lurned 'p,itl"i" ttt"n o-ne-miri ol lhe members are present the ch;ir;an may adiourn tn" rn"Jng to a date not latter than sanen days from the date ol the original meeting and ii shall thereu.oon be lawful to dispose ol the business at such aolourne'i- neeting inespective of the number or class of rnembers Present'
15. Disposal ol business'-All business shall be considered at a meeiing ol the committee, r["] or the Board, as the caie may be' and shall begec]ge9^ly a majority of the members pt"-t""G'A votinig in the event of an equality of votes the inaiiman shall have a casting vote :
"'" -'pr"rio"olnat tne crrairm"n-..y, if he thinks fit direct that any matter shall be decided by the circulati"";;;;;";.v p"p"o and by securing written c'inion of the members :
rn which is referred under the
Provided lurther that no decision on any queslio fiot prori.o .tt"tt U" t"f"n, uniess supported by maiority of the members'
16. Mettrod of voting:Voting Jldl ordinarily be bv shor ot hands but if any memberasksforvotingbyballotorittheChairmansodecides,thevoting.shallbe by secret ballot and shalt'be held in such manner as the Chairman may decide'
17. Proceedings ol the meetings'-(1)The proceedings ol each meeting showinginteralialhenamesolthemehberspreser.itGreshallbelonrardedto eachmemberandtotheStateGovernmentassoonafterthemeetingaspossible ;ilil;"y;;"e, not tessinan swen days before the next meeting' ' (2)The pro"""oing oi";"fr meeting strati be conlirred with such modifications' if "^y,;'.';dbe consilered necessary-at the.next meeling'
CHAPTER III Summoning of witnesses by the Committee [-']t Orthe Board & Production of Documents
18. summoni.g ;;it";;"es and production of documents'-(1) A cdmmitt?e1t"l orthe Board may summon any persln to appear belore it oi i 9:t" specified therein ano to iioOuce any books' papers or other document and things in his possession c; unOer-h-'rl-c-ontioiretatiing in any mannerto the enQuiu-
(2) A summon unOer suO+ute (1) IaY be addressed to an individual or an organisation of "rnptoy"o1r.-""i"gitil;rrad' Union of workers and shall be issu:d under signature ot ttre cnai#a;;;;t p"""" authorised by him in his behalf' tsin summon under this rule may be served-
(i) in ttre case oi inJiviouaf ' ry Ueing delirrered or sent to him by registered Post
1. Words 'Advisory Committe€' omined {ated 22.11.1958- by Notilication No. Vylil$1o22,581- 1958it \ 1 \, \
(iii)The wages ot an employed person shall.be paid to him without deduction of any tcinO e*""f,t tho"e authorised by or under these rules' jir; Rtt p"y."nts of wages shall be made on a working day' 'giptaiation.-(1) Eveiy payment made iy the employed. person.to. the emp;;;';;ils'age;isnarr tor'thb purposes of these rules' be deemed to be a deduction from wages.- -- til Deductions from the wages of a person employed in a scheduled ".prJvir"ttt "rtall be one or more oi the following kinds' namely :--"''-' iD One l[in respect of such acts and omissions on the part of the employed person as may be specified' by the State Govt' by general or sPecial order in this behalf;l
(ii) deductions for absence from duty;
liii! aeouctions icr damage to or loss of goods expressly entt::.l:l t:]h"" employed person foi custody, or for loss of money for whrcn ne ls required to'account' where suih damage or loss is directly attributable to his neglect or default;
(iv) deductions for house accommodation supplied ?Y 1!"-T.pff:l[:t the State Government or any authority constituted by the stale Government for providing housing accom'llodation;l
(v) deductions for such amenities and setvices supplied by.the employer as the State Government may, by general or special order' authorise'
Explanation.-The words "amenities and services" in this clause do not inctude the supply of tools and protective required for the purpose ol employment'
(vi) deductions for recovery of advances or for adjustment of overpayments of wages : -' -
Provided that such advances donoi exceed an amount equal to wages for two calender months of the emploved p91?9i li!.:lli" case, shall tne montnfy instalment ol deduction exceed one fourth ol Rules 22-23 l Bihar Minimum Wages Rules' 1951 Subs. bY ibid.
Provided the prior approval of the.insoector or any other olficer authorised oyin" bt"tt bovernment in this uehatf is obtained in writing berore #I"-'"gtie;."F iion' 'nr"tt the employee given his "on..i,'lt in writing to such deduction'
(3) Any person desirinsio impose a tine q T "Tli#ii'i'ffi""?J"'":'I3l:
a deduction lor damage or liss caused by him shall ex atso in wrtins tn" ""t o, o'i]iil;il; A;;le or loss in respect of which the fine or deduction is proposedtx#'ffi;;l tffip; ry oive him an opportunitv to offer anv exptanation i" th; ;;;;;;-ot "notn"r p"r.o-n. The amount of the said tine or O'eOrttion shall also be intimated to nrm'
(4) The amount ot rin"?'J"Jtition rn"ntioned in sub-rule (3) shall be such as mav be specitied Uy tne SLte Government or any otficer authorised by them in this b;half. All such o"or"iJirii'Iir'i"uri.ution ihereof shall be recorded in a ffis#ffi;i"ilo in rorms i' rr and lll' as the case mav be' 1[A return in Form rrr tn-ii u" i'*ished annually' within a time limit as may be notified bv the State G*"ilil""t ;;'"-" J"1nlWgt in-resoect ot employment in a reoistered factory to th" #ilil;$lcmr ot Faitoties' Binar' and be emplover in reioect ol emplovment "t#;'i#H;ilgiti"t"o factory to ihe Labo" oflicer of the district to which IJ:if# ir.p.gt"!^-11dr'^..t^u,o-':''" (3) shall-be "lti.::9-,:l:
accordance with the directions of the State Oo'e'nmLnt bi any officer authorised by them in this behalf'. . aflect the provisions of the - --' -' tot Nothinq in this rule shall be deemed to *TI TH?l"iltl\Jlti;',-'m w..as!f rixed-under the Act-3r(1 ) Notices containing the mini.u,,., t"It"t oi*"g;t ii'Eo t"Sether with relq/ant extracts from the Act. and rules frameo tne#lii"il^"d t"nli"-ooil-.s of tne lnspector shall be displaved by every emplover in nlrloT'a"ni t;'i;nd;se understood bv ihe'maioritv of the workers in the emprovm;i;i';;;;d'""'"'; place in everv lhctory workshop or place where th" ".prov""" i'"l'piil"o' ot iti the-case ol out-workers' where out work is given to them or at suctr other places' as may be selected W the lnspector' such notices snarrue malil]i;"il;i;;-,;J resibie ctndition. suth notices sha, also be disptayed on the ffiffiffi;;I"[ suu-iiri"ional and District otficesl IThe extracts from the Act and the rule-s.made thereunder required to be '*'zaiui:f !Hi?"",::l[,,?s;{,"m:l;J1ti?.,,:i:_:!:i[{ ffii:;il:ll ff .H:"i:"l ffi ;il,;;;;r lne,ei natt""r"rlffi ffi ';;
ih" iai d dav)' except when n" n". o'ifiil;;il;';;iid'tJor whole dav on one ot three davs immediatelv berore or #;fi;';il"y"t1tot wnLn ne snatt receive payment iluiili3;"og" o"ilv;"les during the preceding week:
Provided that a wo;ker;all be fuJe to work on a day of rest' but not so as to work for more tnan ro iavl ioisecuiively witnout a holiday for a whole day' ilt"-byltt"ttti""ti"nt'loUVtlW+tOZZ58IL-19583dated22'11'1958' [5s Bihar Minimum Wages Rules, 1951 I Rule 21 541
(vii)
(viii)
(ix) his wages earned in that month;
deductions of income-tax payable by the employed person;
deductions required to be made by order of a court or other competent authority;
deductions tor subscriptions to, and for payment of advances lrom I^vi,iiriir""i ttrno to *nl.n the Provident Fund Act' 1925 applies or ;i l;;&;i;;Jpt;rident fund as defined in section 58A of the lndian lncome-Tax Acl,'lg22,or any provident lund approved in this behalt by th;-St"t" Government duiing the continuance of the approval; ' deductions for payment to co-operative societies or to a scheme of insurance approved by the State Government;
deductionsmadeloranysavingschemeapprovedbytheState Cou"inr"nt *ith the writien authority of the employed person;
deductions for recovery or adiustment of amounts' other than wages p"iO t" tt " "rpLolecl person in error in excess of what is due to him :
( i I i I I
(x)
(xi) 1(xii) I J,\ \ 1 J.".by N"tlfi""fi.n No. VltlV3/1 022/58/u1 9583 dated 22'1 1'1 958'
2.
3.
4.
SUDS. Dy luru.
Subs. bY S.O. 21 dated 6j?-|:-7?:
iHl. ii i,o"*;;.'* ,i":vfot-*sr-t.'-6105 dated 11'12"re61' {r Rules 26-27 l Bihar Minimum Wages Rules' 1951 Is7 561 Bihar Minimum Wages Rules' 1951 I Rules 24-25 ii I \ I
(2) Where in accordance with the provision of sub-rule (1) any worker works on thi iaid day and has had a holiday on one of the three days immediately pr"ieOing ii, tt 6 siiO OaV .hatt, tor the p[rposes of calculating hii weekly hours of work, be included in the preceding week.
Explanation.-For the purposes ot this rule "week" shall mean a period of seven diys beginning at mid-nighl on Saturday.
(2) A worier shall be entitled lor work on the day of rest overtime payment at the rate'pieiScribed in rule 25-
24. uumrer ol,Jrours ol work whlch shall constttute a normal worklng Oayit(f )fne numder of hours which shall constitute a normal day shall be-
(a) in the case of an adult-9 hours;
(b) in the case of a child--4 hours;
(c) in the case of adolescent-{ hours.l
(2) The working day of an adult worker shall be so arranged that inclusive of the intervili for rest, if a[y, it shall not spread over more than twelve hours on any day'
(3) An lnspector appointed under the Act may require the employer to get an employee, whose age cannot be ascertained by mere appearance' examlneo oy any Medical officer orAdministrative Medical officer employed under the Employees Stite lnsurance Corporation who will certify the age of the employee' Such Medical Otficer shali be entitled to oharge a fee of Rs. 4 (four rupees) for examining each such employee and that be paid by the emplryer.
(4) Where an employed person has worked for less than a normal working Oay, uiabes proportionate io the hours of work done by him shall be paid to him to the nearest five paise multiPle :' Provided that if such person has worked br more lhan three quarters of a normal working day, he shall be deemed to have:worked for the full day'
(5) fne provision of sub-rules (1) to (4) shall, in the case of workers in agiicrinlre employment, be subject to such'modifications as may, lrom time to time, be notified by the State Gorernment- ' zilsa) No cniiJ shall be employed or permitted to work lor more than 4 hours on any day; andl io) t{otning in this rule shall be deemed to atfect the provision of the Factories Act, 1948 (LXlll of 1948).
24A. Nlght shlll-Where a worker in a scheduled establishment woJks.on a shift which Extends beyond midnight (a) a holiday lor the whole day for the DurDoses of rule 23. in -his case, means a period of 24 consecutive hours bedinnitrq from the time when his shift ends, (b) the following day in such a case "tiii OJ t""r"J to O. a period of 24 hours, it6ginning:from the time when such inn enOs .i rf,e hour of midnight during which such worker was empfoyed in work shall be counted towards his previous day.
' 25. Exfia wages lor overtlme.-l(i) When d worker ilorks in any employment br mordthan t hours on any day.or for more than 48 hours in any weit< tre shall, in respect ol the overtime tiort<, Ue entitled to'wages at double the ordinary rates of wages :
l. Subs. by S.O. 2! dated 6.12.1972.
1. Subs,by G.S.B. 110 dated 24.7.1967
Provided that for employment in any mica works, lac manufactory tea olantation, extra wages for overtime at one and half time the ordinary rate of wag€s ;iliiJ#Fble to i worker working for more than 48 hours in dny week:
Providedturtherthatnothinginthisruleshallbedeemedtodffectthe provisions ot the Factories Act' 1948.' - Explanatlon._The expression .ordinary rate of wages'means lhe basic *"g"r-ilri irch allowances including the cish equivalent of the advantages """"rin6 tntough the concessional satito the person.emplov:l 9l l9"395[aq other ariicles ai the person employed is for the time being entitJed to bu1 ooes not include a bonus :
Provided also that-
(i)thetotalnumberofover-timeworkshallnotexceed50inanyquarter;
liii tne spreaO over, inclusive of inlervals for rest gtrall.not exceed 12 hours on anY daY; and
(iii) the total number ol hours of work on any day shall not exceed 10'
Explanation.-'Qr.rarter' means a period of three consecutive monttrs beginning trom tne tst of January, the 1st of Rprii, the lst of July and the 1st of October.l
(2) A Resister so"*,"3:;T:T;:?ffi::i:,fe kept in Form rV' [rheprovisiohsofSection14rcadwithRule25oftheM.W.Rulesdonot mifitaie adinit ine view tnat the minimum rates of wages for overtime wotkP:9 not a.
" riatter ol tact be confined to double the minimum wages but may-iuslly -be iir"J "t double the wages ordinarily received 57 the workmen as a fact. y.A' Uiimiiae vs. nuthority lnder the MinimumWages Act', (197212 SCG 1081' 1[26. Form ol register and reLo]ds.-(l) A register of wages shall be mainta'ined by every employer at the work-spot in Form X'
(2) Awage slip in Form Xl shall be issued by every employerto every person emptdy6d by h1m ai least a day prior to disbursement ol wages'
(3) Every employer shall get the signature or thumb impression of person employed on ihe register of wages and wage-slip.
(4) Entries in the register of wages and wage-slip shall be authenticated by the employer or any person authorised by him in this behalf'
(d) e Muster noll shall be maintained by every employer and kept in Form V :
Provided that state Government may exempt any establishment or class of establishmirnts from the operaiion ol this rule.
2[S.O 663, dated the 7lh Mry, 1973.-ln sreryr99 of th9 Pov'€ls conlened by-sub' secrion?zt of section 26 olthe MinimufrWagesAcl, 1948 (AdXlof 1948) the Gorcrnord Elihar 6 pr"""ii to oi,ecr u1at thd pro/isions of section 18 of he said Act, read with rule 26 of t "_Brh"t tr4ii.ri-rm W"g"" Rules, 19!1 , shafl not apply to any Local Alttrority in the State of Bihar.]
CHAPTERV
22. Appficarion.-An d?,ffi111?.i;i:i"ction (2) or section 20 or subsection (1 ) of section 21 , by or on behalf of an emplqpd person or goup of employed persons, shall be made in duPlicate in FormsVl andVll, as the case may be'
1. Subs. by G.S.R. 119 dated 27.4.1967.
2. Published in Bihar Gazette (Exord.) datEd 12.5.1973.
ol @ gg111 E g+11}EssaEEEg[I, E[I[1[EH{HllEE1i aaBsg a i i* U'i egE tlg* iE gffiB FEEggi-E1a q o =- E 3 =A)(o oo l, 9o!, @ol a E.oo N @(, 'Tt o 3 an = FORM I [Ruteil @)] Reglster ol Flnes Serial No.
Name Fathe/s/ Husband's name Sex Department Nature and date of the offence for which line imposed whether workman showed cause against fine or not, il so enter date Rates of wages Date I and I amount of the line imposed Date onl which fine realised 1 2 3 4 5 6 7 8 I 10 11 FORM II [Rute 21 (4)] Register of deductions lor damage or loss caused to the employer by the neglect or default ol the employed q D = =.3c 3 €o(o oo f, c_ o lD (o(, No.
Name Fathe/s/ Husband's name 'Sex oeoartmentl I Damage or loss caused with Cate Whether workers showed cause agalnst deduction, if so enter date Date and amount ol deduction imposed Number ol intalment il any Date onl which total amount realised 1 2 3 4 5 6 7 8 9 10 'l 1 Ol @ 60 I Bihar MinimumWages Rules' 1951 FORM III [Rute 2t (4)] Annual Return Return of the year ending the 31st D€cember-
1. (a) Name ol the establishment and postal address'
(b) Name and residential address ol the owner/ @ntractor'
(c) Name and residential address of the ' ' Managing AgenUDirector/Partner incharge oiin" i.V-'to+"V alfairs oI the establishment owned by a Company, Body corporate or Association'
(d) Name and residential address ol the Manager/Agent, il any'
2. Number of days worked during the year' '3. Number of days worked during the year' +4. Average daily number ol persons employed during the Year-
(i) Adult....-..."'
(iii) Children ........
5. TotalWages Paid in cash """ t6. Tqtal cash value of lhe wages paid in kind' 7' Deductions- Numberolcasds...]
(a) Fines
(b) Deduction for damage or loss'
(c) Deduction of breach ol contract'
8. Disbursement from iines- PurPose.
(a) ...
(b) ...
(c) ..'
g. iatance of fine lound in hand at the end ol the year.
IForm lll Total amount Rs. P Sighatur€ ......'.'......
Designation.........'.
Forms lV-V l Bihar Minimum Wages Rules' 1951 Io!ct i .,i -fr.o i iEEE HsEE\c€ EC =ob= 6 Dated........
;Thi" i" th" 4SS-gate numb6r ol atlendarrco dudng th€ year' f rhearrerasedalvnr.tmbsriLf :f::"::*g*JyJg,*"J""il#ffi neouv r I no averas€ *'' "1'J;'til;ffi'dJa'ii''[g i't;numuSr ol worung davs' dividing the aggr€gato numbr ffi,n*+il*l-n*lr*ttmillj:*r-ilI'x*"m'*' -cZ sEE ae lo s6utura 1e1o1 n s6ulurea eutlYerg c) sOululea leutrop 6l 'alBI aulua o 'olBJ lBuxoN o '$noq PulJoN o) =€:E;
c *g P B = a.Eb 3 ao EEE E F- _o b -.EB f.EEE (o g*E - S; E () xoa sl a {E eo6E-c.(t 6AqzrLf (9 aureN ot 'oN lEuas sIJEuJau EI5+alol'E- o. I e l--:leL- F o E3!a doz= x (D u) \8,oc q5I !oF Ei E o E (Uz .ON leUAS oos(L z oE EREOo-tr\ =E= co E.c .t2 E c!
o UJ o o E (Uz [61 t ,(J 621 BiharMinimumWages Rules, 1951 I Form Vl FORMVI [Forrtr ot application by an employee under seclion 20 (2).]
ln the court of the Authority appointed under the Minimum Wages Act, 1 948, for... ,.. ...,..... ... area.
Application no. ... ... ... ..: ... ... ... ...'tl 20.
FormsVll-Vllll Bihar Minimum Wages Rules, '1951 [ 63 FORMVII [Form of application by an lnspector or person ac-ting with lhe permission ol the Authority under section 20 (2)l ln the Court of the Authority appointed underthe MinimumWages Act, 1948, Applicant (s) (through ... ... a Legal Practitioner ;;si;i.,;; iil;'ir;il;)
orriciar or Address ... ... ... Union which is versus (1 ) ... ... ... ... ... ... ...
I(2) ... ...... ... ... . .. I opponents
(3) ..................... I Address The applicant (s) abovenamed beg (s) respectfully to submit aS follows-
(1) that -(2) that -The applicant (s) has (have) been paid wages al less than the minimumiate of wages.
- The applicant (s) estimate (s) the value of the relief sought by him (them) at the sum of Rs.
The applicant(s) pray (s) that a direciion may be issued under sub-section
(a) Payment of the ditference between the wages due according to the minimum rate of wages fixed by the Government and lhe wages actually paid, and
(b) Compehsation amounting to Fls.
The applicant (s) beg leave to amend or add to or mrke alteration in the application if any and when necessary.
' Signature or thumb impression of lhe employee (s) or legal practitioner or official of a registered trade union duly authorised.
Date ...
The applicant (s) does not solemnly declare that whal is stated above is true to the best of his (their) knowledge, belief and information.
The verilication is signed at ... ... on ... ...day of ... ... 20.
' Signature or lhumb impression ol lhe employee(s) or legal practitioner or official of a registered trade union duly authorised.
'When the application is by a group ol employees, thumb impression or signalure o, two ol the applicants need be put to the application and a full list of applicants should be attached to the application.
for...... .......-....4re4.
APPlication no.
(1) ... ... Applicant Address
(1) ..' ... ..' ... ... ... ... I(2\........... I
(3) .................'..r I ol 2O ol20 iO versus
(2) ... ... OPPonent:
Address The applicant abovenamed begs respectfully to submit as follows :
(1) that ...
(2) that ...
ihe opponent is bound to pay wages ai the minimum rate of wages fixed by Governmerit'but he has paid less wages to the following employees-
(1) ...............
(2) ...............
(3) ...............
. The applicant estimates the value of the relief sought ilr the employees at the sum of Bs.- The applicant prays that a direction may be issued under Sub'section (3) of section 20 for-
(a) Payment of the dilference between the wages due according to the' ' minimum rate of wages fixed by Government and the wages actually paid; and
(b) compensation amounting to Rs. ...
The applicant begs leave to amend or add to or make alteration in the application if and when necessary.
Signature Date ...
The applicant does solemnly declare that what is stated above is true to the best ot his knowledge, belief and information.This verilication is signed at '."" "' ... ... on ...day 20 FORMVIII [Form olhuthority in lavour of a Legal Practitioner or any.Officlal ol a- RegisteredTrade Union referred to in sectlon 20 (2)l ln the Court of the Authority appointed under the Minimum Wages Act, 1948, for- Application no.
I ePPlicant (s) I versus
(1) (21
(3) (1 ) ... ... ... .-. ...
(2) ............... Opponents ,,. ,--.-.*-.-..,..-.-".,,*-t.-,. -*,-,-- ,,- -,. -,--=:., .. -,.. . .-.--.***-j'-w t I l I I I I I i I i I ,b 641 Bihar Minimum Wages Rules, 1 951 I Form lX Signature or thumb impression of the employee.
Oitle of the application.)
Signature of the Authority Form X l Bihar Minimum Wages Rules, 1 951 1[roRM x [Rute 26 (1)] Register of Wages.
[6s . . I hereby authorise Mr. ....... a legal practitioner ....... officiar of the registered trade union of .-...... to appear and act on my behalf in the above oJscribeiproceeding and to do all things incidental to such appearing and acting.
Wage-period from ......... Name of Estt. .......
Place ...........
Minimum rates of wages payable Fathe/si/husband's Desig- Basic D.A.
name nation Date Serial Name of the no. employee.
FORM tX [Form ol Summons to the Opponent to appear betore the Authority when an application under sub.secUoiriZl ol sec.20 or under section 21 ls entertalned.I To Rates of wages actually paid Total attendance/units of work done Overtime worked Gross wages payableBasic D.A.
(Name, description and place of residence) Whereas .....,... has made the abovesaid apilication to me under the Minimum Wages Act, 1948, you are hereby summoneO to apfe", o"t"i" ," i" ;"r#ffi;a duly authorised agent, abre to answer a[ maieriar questions,"r"tii"J i" iniapplication, or who sha[ be accompanied by some persons abre to answer ailmaterial questions/able to answer all such questions, on the .... day of ..... 20 .....;i .'...... o'clock in the ........ noon, to answer the craim; and as the iav tireo ioi t-tr"appea.nce is appointed for the rinar disposar of the apprication you must ueprepared to produce on that day all the witnesses upon whose evidence and alldocuments upon which you intend to rely in support of your defence - Take notice rhat, in defaurt of your appearance on the day before mentioned, the application will be heard and determined in your absence.
1110 Deductions fniFio@ House- Other contribution rent deducto PF. tions Total W.ages deduc- paid tions Dateof Signature/thumbpayment impression of employee.
1716151413 Date 1 i I I I I '1. Subs. by G.S.R. No. 119 dated 24.71967.
563 I I I I I I I ,i I 18 661 Bihar Minimum Wages Rules, 1 951 1IFoRM xt [Rute 26 (2)] Wage-Stip.
Name of the establishment I Form Xt-Xil Place
1. Name of employee with father's,/husband's name,-
2. Designation-
3. Wage-period-
4. Rate of wages payable_
(a) Basic
(b) D.A._
5. Total attendance/unit of work done.
6. Overtime wag+-
7. Gross wages payable...
B. Total deduction ...
9. Net wages paid- Pay in charge - Employee,ssignature/thumbimpression.
2[FoRM xlt Extracrs rrom tne uinimum wfr33 ffi':lhr,"no t " Bihar Minimum wasesFlules, 19s1 to be disprayed oyevery-emptoyeiin iir'oi "no, ranguage understoodby the majority of the workeri in th; em;bi;"ni. -
1. lnterpretation (section Z)._tn itris nct unless there is anything repugnantin the subject or context_
(a) "adurt", 'adorescent" and 'child'' have the meaning respectivery assigned to them in section 2 of Factories ect, f S;B;
'"
(b) "appropriate Government,, means-
(i) in relation to any scheduled employment carried on by or underthe authority of the Central Government or i railway administration, or in relation to a mine, oil{ield o, ,";o.poii oiany corporation estabrished by centrar Act, th6 ientrar Government; and
(ii) in relation to any other scheduled employment, the State Government;
(c) "competent authority" means authority appointed by the appropriate Government by notification in its offi;iai Gazette tb asceriain iroritime to time the cost of .riving index-number appticaote to tne effioyees ,- : : :eTplofd in the sc employment specitied in such n"iii"riil;1. Subs. by G.S.R. No. 119 dated 24.7.1962
2. lns. by G.S.R. No. 140 dated 5.10.1967.
'/ Form Xl l Bihar Minimum Wages Rules, 1951 167
(d)
(e) "cost of living index-number" in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index-number ascertained and declared by the competent authority by notification in the official Gazette to be the cost of living index-number applicable to the employees in such employment;
"employees" means any person who employs, whether directly or through another person, whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect ol which minimum rates have been fixed under this Act, and includes except in sub-section (3) of section 26-
(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act any person named under clause (1 ) of section 7 of Factories Act, 1948, as manager of the factory;
(ii) in any scheduled employment under ihe control of any Government in lndia, in respect of which rinimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed the head of the deParlment;
(iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, person apirointed by such authority for the supervision and control of employees or where no person is appointed, the Chief Executive Officer of the local authority;
(iv) in any other case where there is carried on any scheduled emptoyment in respect of which minimum rates of wages have been fixed under this Act, person reasonable to the owner for the supervision and control of the employees or for the payment of wages;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employmenu
(h) "wages. means all remuneration, capable of being expressed in terms of money; which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment and includes house-rent allowance, but does not include-
(i) the value of-
(a) any house-accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any services excluded by general or I I I 68I Bihar Minimum Wages Flules, '1951 special order of the appropriate Government;
I Form Xll
(ii) any contribution paid by employer ro any personar Fund orprovident Fund or under any scheme of sociat insurance;
(iii) any traveling allowance or the value of any travelling concession.
(iv) any sum^paid to,the,person employed to defray special expenses entiiled on him by the nature of his employmentj or. (v) any gratuity payable on discharge;
(i) 'employment'means any person who is emproyed for hire or reward- to do any work skired or unskired, manuar oi ctiricat, in a scneoureoemployment in respect of which minimum rates of wages hare beenfixed; and incrudes an out-worker to whom articres or materiars aregiven out by another person to be made up, creaned, washed, artered,ornamented, finished, repaired, adopted or otherwise pro""*"JL, sale for the purpose of the trade oi business or that other person where process is to be carried out either in ttr" h;r; ; fi;;;,worker or some other premises not being premises under the controland management of thatotherperson;an-d also in.f rO"" """rpi#"declared to be an employee by the appropriate Corernr"it, irtdoes not incrude any member of the Armed Forces of the union.
, .. 3.
*".q:" in kind (section 1 1).-(1) tvtinlmum wages payabte under this Actshall be paid in cash.
(2) Where it has been,the custom to pay wages wholly or parfly in kind, theappropriate Government being of tne bpinion"irrat it is ,,L"..."ry in'tii"circumstances of the case may,-by notification in ttre otriciat Gazette, authorise,the payment of minimum *agei either wnof fV orpaitfy m f<inO.
. (3) rt the appropriate G.overnment is oithe opinion that provision shourd bemade for the suppty of essenriat commodities aiil;;J;i;;;;i;;, il;ffiH"Gov.ernment may; by notification in the officiar G;;;ri", authorise the provision ofsuch supplies at concession-rates.
(4) The cash varue of wages in kind and of concession in respect of suppriesof essential commodities at concession-r"t".
"rmoii."o ,no"i .:ru."ffiI'A)and (3) shall be estimated in the prescribeO manner.
3. Payment of minimum rates o, wages (section l2),_Where in respeclof any sch.eduled employment a notification under section S,is in force, theemployer shall pay to every employee engaged in scneout"o employment underhim wages at a rate not iess if,en tne i..,in'ir* iate or wages fixed by suchnotification for that crass of emproyees in tnai erfrc^7ment without any deductionexcept as may be authorised withln such time and subject to such conoitions asmay be prescribed.
(2) Nothing contained in this section shail affect the provision of the payment of Wages Act, 1 996.
4.. Overtime (section l4.)-Where an employee, whose minimum rate ofwagesis fixed under this Actby hour, by the Oay oiOy sucn " fong"r*aj".G;;as may be prescribed works on any oay in e*c6ss of the number of hours Form Xll l Bihar Minimum Wages Rules, 1951 [69 ' constituting a normal working day, the employer shall pay him for every hour or part of an hour so worked in excess at the overtime rate fixed under this Act or under law of the appropriate Government for the time being in force, whichever is higher.
(2) Nothing in this Act shall preludice the operation and the provision of section 59 of the Factories Act, 1948 in any case where those provisions are applicable.
5. Wages ol worker who works lor less than normal working day (section 15).-lf an employee whose minimum rates of wages has been fixed under this Act by the day works on any day on which he was employed for the period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as il he had worked for a full normal work d"y;
Provided however, that he shall not be entitled to receive wages for a full normal working day;
(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of .the employer to provide him with work; and
(ii) in such other circumstances as may be prescribed.
6. Wages of worker who works lor less than normal working day (section 1S).-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less thai the minimum rate in force in respect of each such class.
T..Minimum time rate wages for piece-work (section l7).-Where an employee is employed on-piece-work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such _ employee wages at not less than the minimum time rate.
8. Power of lnspectors appointed under the MinimumWages Act (section 19).-(1) Subject to any rules made in this behalf, an lnspector may within the local limits forwhich he is appointed- - (a) enter, at all reasonable hours, with such assistance (if any), being person in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been . fixed under this Act, for the purposes of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder and require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe is an employee employed 701 Bihar Minimum Wages Rules, 1 951 [ Form Xll therein or an employee to whom work is given out therein;
(c) require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;
(d) seize or take copies of such register, record of wages or nolices or portions rhereof as he may consider rerevant in respect of an offence under this Act which he has reason to berieve has been committed by an employer; and
(e) exercise such other powers as may be described.
(2) Every lnspector shail be deemed to be a pubric servant within the meaning of the lndian penal Code, 1860 (XLV of 1860).
(3) Any person required to produce any document or thing or to give any information by an lnspector under sub-section (2) shall be deem-ed to bE legally bound to do so within the meaning of section 175 and section 176 of the ln-dian Penal Code, 1860 (XLV of 1860).
. 9. claims (section 20)-(1)The appropriate Government may, by notification in the offic.ial Gazette, appoint any commissioner for.workmen's'bompensation or any officer of the central Government exercising functions as a Labour commissioner for any region, or any officer of the state Government not below the rank of Labour commissioner for any region, or any other officer with experiences as a Judge of civil court or as a stipendiary Magisirate to be the Authority to hear and.decide for any specified area all claimsarising out of payment of lessihan the minimum rates of wages or.in respect of the payrient of remuneration for days of rest or for work done on such days under crause (b) or clause (c) of sub-section (t )of Section 3 or of wages at the overtime rate'under section 14 to employeLs employed or paid in that area.
. (2) when an employee has any craim of the nature referred to in sub-section
(1), the employee himserf, -or any regar practitioner dr any officiar of a registered trade union authorised in writing to act on his behalf, or any lnspectoio, "nyperson acting with the permission of the Authority appointed under sub-section
(1), may apply to such Authority for a direction under sub-section (3);
- Provided that every such apprication shail be presented within six months from the date on which the minimum wages or other amount become payable;
Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.
. ..
(3) when any apprication under sub-section (3) is entertained the Authority shall hear the applicant and the emproyer; or give them an opportunity of being heard, and after such further enquiry it any ai it may consid'e, n""".i"ry, ,"!
y.vitngut pre.iudice to any other penarty to which the emproyer may be liabre'under this Act, direct-
(i) in the case of a claim arising out of payment of less than the minimum Bihar Minimum Wages Bules, 1951 171Form Xll l rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid' together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;
(ii) in any other case, the payment of the amount due to the employee' ' ' toget-her with the payment of such compensation as the Authority may think fit, not exceeding ten rupees;
and the Authoriiy may direct payment ol such compensation in case where the excess or the amount due is paid by the employer to the employee before disposal of the aPPlication.
(4) lf the Authority hearing any application under this Section is that it was eitheimalicious or vexatious, it may direct that a penalty not exceeding fity rupees be paid to the employer by the person presenting ihe application'
(5)Anyamountdirectedtobepaidunderthissectionmayberecovered-
(a)iftheAuthorityisaMagistrate,bytheAuthorityasifitwereafine imposed by the Authority as a Magistrate; or
(b)iftheAuthoiityisnotaMagistrate,byanyMagistratetowhomthe Authority makis application in this behalf, as if it were a fine imposed 'bY such Magistrate.
(6) Every direction of the Authority under this section shall be final'
(7) Every Authority appointed under sub-section (1) shall have atlJ!t: qowgrs of a iivil Court under the'Code of Civil Procedure, 1908 (V of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and tompelling the pioduction of documents, and wery such Authority shall be deemed to be a ci-vil court for all the purpose of section 1.95 and chapter XXXV of the Code of Criminal Procedure, 189811.
l0.Singleapplicationinrespectolanumberofemployees(section 21).-(1) SuOi-ect to iuch rules as may be prescribed' a single'application may be pt"a"nt"O under section 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates ot *"g"a h"r" been fixed and in such cases the maximum compensation which may beLwarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess or ten ru'pees per head, as the case may be'
(i)Ttre autnority may deal with any number of separate pending applications presented under section 2b in respect of employees in the scheduled employments - in respect of which minimum rates of wages have been fixed, as a single application presented uhder sub-section (1) of this section and the provisions of that sub' section shall apply accordingly.
1 1 . Penalties for certain offences (section 221'-Any employer who-
(a)paystoanyemployeelessthantheminimumratesofwageslixedlor thit employee's ciuss of work or less than the amount due to him under the Provisions of this Act, or
1. Now See Cr.PC.1973.
721 Bihar Minimum Wages Rules, 195'l l-/ Bihar MinimumWages Rules, 1951 association of individual; and 173 I Form Xll Form Xll l
(b) contravene any rule or order made under seclion .13, shall be punishable with imprisonment for a lerm which may extend to six months, or with fine which may extend to five hundred rupees or with both :
. . Provided that in imposing any fine for an otfence under this section, the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20.
12. Generar provlsion for punishment of other ofrences (section 22A).- Any emproyer who conrravenes any provision of this Act or of any rure o, oid", made thereunder shall, if.no.other penally is provided for such contravention by this Act, be punishable with fine which may exiend to five hundred rupees.
13. cognizance or offences (section 228).-(1) No court shafl take cognizance of a complaint against any person for an offence_
(a) under crause (a) of section 22 unress an apprication in respect of the facts constituting such offences has been presented under section 20 and has been granted whoily or in part and the appropriate Government or an otficer authorised by it in this beharf has sanciioned the making of the complaint.
(b) under clause (b) of section 22 or under section A2A, except on a complaint made by, or with the sanction of an lnspector.
(2) No Court shall take cognizance of an offence_
(a) under crause (a) or crause (b) of section 22, unress compraint thereof is made within one month of the grant of sanction under. the section;
(b) under section 22A, unress compraint thereof is made within six months of the date of which the offence is aileged to have been . committed.
14. Offence by Companies (section 22)1.-(11lf the person committing any offence under this Act is a company, wery peison who at the time tne otiencl was committed, was in charge of, and was resp6nsibre to the company tor tne conduct of business of the company as weu as the company.shall be deemed to beguilty of the offence and shall be riable to be proceededagainst "no pr"i.n"i accordingly:
Prgvjled that nothing contained in this sub-section sharr render any suchperson tiable to any punishment provided in this Act if he proves that the or"nc" was committed without the knowredge or that he exercised arr oue oifilenceioprwent the commission of offence.
. (2).Notwithstanding anything contained in sub-section (1), where an offence underthis Act has been committed by a company and it is proved that the off;;;;
has been committed with the consent or connivance of, or is attrloutaore to any neglect on_the part of any director, manager or secretary or other officer of thi company shall also be deemed to be guilty of that otfence and shall be proceeded against and punished accordingly.
Explanation.-For the purpose of lhis sectlon-
(a) 'company' means anybody corporate and includes a firm or other
(b) "directo/' in relation to a lirm means a partner in firm'
1S.'Payment ol undisbursed amounts due to employees (section 22D)'- All amounts payable uy an empfoyer to an employee as the amount of minimum wages ol the employees unJ"i tnit Act or otherwise due to the employee under inir-a"t o, "ny ruie or oroer made thereunder if such amounts could not or cannot be paid to the employee on ac"ount ol his death before payment or on account.of hiswhereaboutsnotueingxnofunbedepositedwiththeprescribedauthoritywho shall deal with the money so deposited in such manner as may be prescribed'
16. Bar ol suits (section 24)'-No court shall entertain any suit lor the recovery of wages in so far as the sum so claimed-
(a) lorms the subiect ol an application..under section 20 which has been presented by or on behall of plaintilf' or (L)hasformedthesub|ectotadirectionunderthesectioniniavourofthe Plaintitf; or
(c) has been adiudged in any proceerling under the section not to be due to the Plaintitt or
(d) could have been recovered by an application under that section'
17. Contracting out (section 25)'-Any contract or agreement' whether made belore or afterlhe "orrn"n"t*"nt of ihis Act whereby employer either ;;liilri.h;;"r reduces his right to a minimum rate ol wages or any privilege or "on"i".ion accruing to trim u"noer this Act, shall be null and void in so lar as it prtp".t. i" *0r"" tlh" minimum rate ol wages fixed under this Act' l8.Modeofcomputationofthecashvatueofwages(rule20)_The retail prices at the nearesi market, to be 'elected by the lnspectoril there are.more in"n 6n" such market snail Oe tai<en into account in computing the cash value. of ,""g". p"io in kind of essential commodities supplied at concession rates. This coriputation shall be made in accordance with such directions as may be issued by ihe State Government trom time to time'
19. Time and conditions ol payment ol wages and.the deductions oermissible lrom wages (rule 21)-(1) (i)The wage period with respect to any 5;#;il';.ptt;dt foi which wages have been tixed shalt not exceed one rontn "nO the'wages of a worker in such entployment shall be paid-
(a) in the case of establishments in which less than one thousand persons are employed, before\he expiry of the seventh day' and .
(b) in the case of otheiestablishmenti, bebre the expiry of the tenth day' after the last day of the wages peiiod in resilect of which the wages are payable.
(ii)Where the employment of any person is terminated by oron behall ol the emptoyLr, the wages ""rnlo by him slrall be paid before the expiry ot the second *oir.ing day atteitne day on w'hich his employment is terminated'
(iii)The wqges of employed person shall be paid to him without deduction ol any kind exceptlhose authorised by or under these rules'
(iv) All payments ol wages shall be made on a working day'.
i I t 741 BiharMinimumwages Rutes, 1951 I Form Xll I Form Xll l Bihar Minimum Wages Rules, 1951 [ 75
Explanation.-Every payment made by the employed person to the employer or his agent shall for the purpose of these rures be deemed io be a deductioil rii* wages.
(2) Deduction from the -wages of a person emproyed in a schedured employment shall be of one or more of the following kindi nimely :_
(i) fines;
(ii) deductions for absence from duty;
(iii) deductions for damage to or ross of goods expressly entrusted to the - employed person for custody, or fo. ross of'money of wnicn rre'is required to account where, such damage or ross is directry "ttrioui"Ll"to neglect or default;
(iv) deduction for house. accommodation supplied by the employer or the' State Government. or any authority constiiuted by tne State Government for providing accommoCaiion;
(v) deductions for such amenities and services supplied by the employer as the State Government may by general or special oiO", "ufh-oril".Expranation.-The words "amenities and iervice" in his crause donot incrudethe supply of toors and protectives required for the furposes or emproyreni.
--
(vi) deductions for recovery of advance for adjustment of over payment of wages;
Provided that such advances do not exceed an amount equal lo wages fortwo calendar months of the emproyed person ano in no case, sha, tn" ,.,io.tnryinstalment ol deduction exceed one fouitn of tn" wages earneo in that month;
(vii) deductions of income_tax payable by the employed person;
(viii) deduct'ions required to be made by order ot a court oiother competent authority;
(ix) deductions forsubscriptions to, and for re-payment of advances from any provident fund to which the provident Fund Act, f SZS appf ies orany recognised provident funds as defined in section saa oi tn"lndian lncome Tax Act, 1992, or ahy provident fund approve; i" ili;beharf by the state Government iuring the continuance "r ,r"n approval :
(x) deductions for payment to co-operative societies to a scheme of insurance approved by the State'Gdvernment;
(xi) deductions made.for any saving scheme approved by the State Government with the written authbrity of the employed pirson;
(xii) deductions for recovery or adjustment of amounr ott "i m"n rr"g".
paid to the emproyed person in error or in excess of what is ou6io him;
. .. Plwided-thatthepriorapprovar ofthernspectororanyotherofficerauthorised by the State Government in this beharf is obiained in *iiting o"ror" ,"ring ih"deductions, unress the emproyee gives his consent in writing-io sucn oeouctLnsl
(3) Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and If.o in *riting the act or omission or the damage or loss in respect of which.the.fine JiO"Orctio.iis proposed to be imposed or made and give him an opportunity to otr"..ny explanation in the presence ol another person.The amount of the said line or deduction shall also be intimated to him.
(4) The amount ol fine or deduction mentioned in sub-rule (3) shall be such ".
,"y'b" specified by the state Government or any officer authorised by them in this b;haf. All such deductions and all realisations thereol shall be recorded in a register maintained in Form 8 l, ll and lll, as the case may be. A return in Form lll snitt Ue furnished annuatly, within a time limit as may be notified by the State Government, by an employer in respect of employment in a registered factory to the chief Inspector of Factories, Bihar and by an employer in respect of employment other than in a registered Factory to the Labour Otficer of the district to which it relates.
lNote.-By notification no. VlM3-1 056-L-957, dated 1 4th January, 1 959' the state Government have tixed the 31st January as the daie by which the Annual Beturn in Form lll is required to be submitted by every employer'l
(5)Theamountoflineimposedundersub.rule(3)shallbeutilisedin accordance with the directions of State Government or any officer authorised by them in this behalf.
(6) Nothing in this rule shail be deemed to affect the provision of the Payment "*"ffi:lXl,ll'iir. the minimum wases lixed under the Act (rule 221'-(1).
Notices containing the minimum rates of wages fixed together with relevant extracts from the Act and the rules framed thereunder and tl're address of the lnspector shall be displayed by every employer in Hindi and in a language understood by the majority of the worker in the employment at a conspicuous place in everyiactory, workihop or place where the employees are employed, or in ihe "ase of out worier where out work is given to them or at such other place, as may be selected by the lnspector. such notices shall be maintained in a clean and legible condition.
(2)TheextractfromtheActandtherulesmadethereunderrequiredtobe displayed under sub-rule (1) shall be in Form Xll.
21. Weekly holidays (rule 23).-(1) Unless otherwise permitted by the State Government, no workei shall be required or allowed to work in scheduled employment on the first day of the week (hereinatter relerred to as the said day) excep[ when he has or will have a holiday for ihe whole day on one of the three days immediately before or after the said day for which he shall receive payment equal to his average daily wages during the'preceding week; I
Provided that a worker shall be free to work on a day of rest but not so, as to work for more than ten days consecutivety without a holiday lor a whole day'
(2) Where in accordance with the provision of sub-rule (1) any worker works on the said day and has had a holiday on one of the three days immediately preceding it, the said day shall, for the purposes of calculating his weekly hours of '7-- 761 Bihar Minimum Wages Rules, 19s1 I Form Xll work, be included in the preceding week.
Explanation.-For the purposes of this rure 'week' shail mean a period ofseven days beginning at midnight on Saturday night.
(3) A worker shalr be entitred for work on the day of rest to overtime payment at the rate orescribed in rule 25, I j ,ll |, l i i i il JI I I i I t, i -22.
Number of hours of work which sha[ constitute a normar workingday (rule 23).-(1) The number of hours wtrm straticonstitute a norrat *o.rin!dayshall be- "i
(a) in the case of an adult, 9 hours,
(b) in the case of a child, 4 hours, and
(c) in the case of an adolescent, 6 hours;
provided that the number of hours of work which sha, constitute a normarworking day for employment in any mica works, any lac manufactory;;;;;t""plantation shall be, in the case of an adult, e no;rs.'
.. . (2) The working day of an adurt worker shafl be so arranged rhat incrusive ofthe intervars for rest if any, it shail not spread or", .*r" than iwerve hours on anyday.
,
(3) An lnspector appoinled under the Act may require the employer to get anemployee whose age cannot be ascertaineo oy mlre appearance, examined by aMedicar officer or Administrative Medical orti"lierproved under the Emproyee,s,State lnsurance corporation..who wi, ""rtrtv tne'abe of the emproyee. such aMedical officer sha, be ,entired to cnarle " i"l' or Bs. 4 (four rupees) forexamining each such employee and that.n""ff O" p"iO by the employer.
(4) Where an emproyed person has worked for ress than a normar workingday, wages proportionate to the hours or wort oone ty him shall be paid to him to
Provided that if such person has worked for more than three quarters of anormar working day, he sha, be deemed to have worked for the furi i"y.
-- - - '
(5) The provisions of sub-rures (1) to (4) shail in the case of workers inag-ricultural emproyment, be subject td ir.n'niooiii"ations as ,"v r., iiliJ iotime, be notified by the State Government.
(6) No child shall be employed or permitted to work for more than four hourson any day.
- (ll Nothing in this rure shail be deemed to affect the provisions of theFactories Act, 1948 (LXilt of 1948).
.23' Extra wages for overtime (rure-25).-(1) when a worker works in anemployment other than an employmeni in any tr,ticaVilorks, any tac Ua;;;;;;;;,any tea plantation, for more-than g hours on any day or for more than +g n"ril i^week, .he shalr in respect of overtime work, be Lntiiled to wages "t o"" ""J'n"ritime his ordinary rate of wages :
.Provided that for employment in any mica works, any lac manufactory or anylea plantation, extra wages for overtime at one and tratt iime tne orornarj rate'o'twages-shall be payabre to a worker working for more than g hours on "ny o"y oiro,more than 48 hours in any week;
i I Form Xll l Bihar Minimum Wages Rules, 1951 177
Provided further that nothing in this rule shall be deemed to atfect the provisions of the Factories Act, 1948.
Explanation.-The expression 'ordinary rate of wages" means the basic wages plus allowances including the cash equivalent of the advance accruing through the concessional sale to the person employed of foodgrains and other articlJs as the person emptoyed is for the time being entitled to but does not include a bonus :
Provided also that;
(i) the total number of hours of overtime work shall not exceed 50 in any quaiter;
(ii) the spread over, inclusive of intervals tor rest shall not exceed 12 hours on any daY; and
(iii) the total number of hours of work on any day shall not exceed 10,
Explanation.-"Ouarter" means a period of three consecutive months beginning from the 1st of January the 1st of April, the 1st of July and the 'l st of October.
(2) A register showing overtime payments shall be kept in Form lV'
24.Formof registers and records (rule iq).-.(1)A registerotwages shall be maintained by every emplover at the workshop in Form X.
---l{W6-ges slips in Form Xl shall be issued by every employerto every person employed by him at least a day prior to the disbursement of wages.
(3) Every employer shall get the signature or the thumb impression of every person employed on the register of wage slip.
(4) Entries is the register of wages and wage slip shall be authenticated by the employer or any person authorised by him in this behalf.
(5) A Muster Boll shall be maintained by every employer and kept in Form V;
Provided that the state Government may exempt any establishment or class of establishments from the operation of this rule.
25. Application (rule 27).-An application under sub-section (2) of section 20 or sub-section (1 ) of section 21 , by or on behalf of an employed person, shall be made in duplicate in FormsVl and Vll, as the case may be.
26. Authorisation (rule 28).-The authorisation to act on behalt of an employed person or persons, under sub-section ('l) of section 20 or sub-section
(1) of section 21.shall be given in Form Vlll by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.
Address of lnsPectoro