Every employer 2[employing 10 or more persons 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.
43. Quarterly Returns- Every employer of an establishment employing ten or more persons shall furnish within thirty days of the end of each quarter to the Inspecting Officer of the area concerned a quarterly return in Form XIX for the quarters ending on the 31st March , 30th June, 30th September and 31st December of each year. The Inspecting Officer will compile the return and submit the same to the Chief Inspecting Officer. The Chief Inspecting officer will furnish consolidated return to the Commissioner of Labour every quarter in Form XX.
3[Rule 43(A):- “ provided further that notwithstanding the provisions contained in Rule 42 and Rule 43, in such cases where on line return is filed in such format as may be prescribed by the Government for the purpose only such online Return shall be required to be filed on or before 30st of June every year.” 4[Rule 43(B):- “ The Government, by order, may devise or notify consolidated forms for maintaining registers and records in lieu of the forms prescribed in these rules.
Provided further that the Government may allow the registers and records to be maintained in computerized or digital formats.” 5[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, any load exceeding the maximum limit in weight set out in the following schedule.
________________________________________________________________________________
1. See now Head of Account
2. Amended dated 30.04.2015
3. Amended dated 30.04.2015
4. Amended dated 30.04.2015
5. Ins. by S.O. 906, dated 16.5.1979 JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 19
SCHEDULE ______________________________________________________________________________ Persons Maximum Limits in Weight ______________________________________________________________________________ Kgs.
Adult Male 75 Adult female 30 Adolescent male 30 Adolescent female 20 Male child 16 Female child 13 _____________________________________________________________________________________________
(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. ] FORM I.
[Rule 3.]
APPLICATION FOR REGISTRATION
1. Name of establishment … …
2. Type of establishment – (a) Shop, (b) Restaurant or Eating house, (c) Residential hotel, (d) Theatre or any other place of public amusement.
3. Full postal address of the establishment.
4. Location of the establishment (including the number of the holding and name of the police-station in which it is situated).
5. Whether the establishment is registered under the 1 [ Bihar Sales Tax Act, 1947, and, if so, the registration no. and date.
6. Maximum number of persons proposed to be employed on any day during the calendar year in which this application is filed-
(a) Adults (male and female) …
(b) Young person (male and female)
(c) Children (male and female) …
(d) Number of employee’s family … __________________________________________________________________________________________
1. Now Bihar Finance Act, 1981.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 20
7. Particulars of persons having interests in the establishment as employer [see section 2(5).] – Serial no. Name and parentage Designation Permanent address Nature of interest 1 2 3 4 5
8. Name, designation and permanent address of the employer ( Manager, Agent or any other person) who is in the immediate charge of the general management or control of the establishment.
9. Amount of fee Rs ….. (Rupees ….......) paid in Crossed Indian Postal Orders (No. …….. enclosed) / …………….
Treasury on ……………. (Vide Challan no. ……………………. enclosed).
Signature with designation of the Employer (mentioned in serial 7).
Date ……………………….
1[FORM I-A ( Rule 3-A) To, The Inspecting Officer The Bihar Shops and Establishment Act, 1953 Sir, AS the period of registration certificate no……………………originally granted subsequently received is due to expire on ………………or has already expired…………………. I have to enclose herewith the certificate of Registration no…………..along with a Crossed Indian Postal Order no………….for Rs………(Rupees………..), dated……….or have deposited Rs………..only in Treasury ( vide Challan no………) and to request for its renewal.
Signature of employer Date…………… Place…………..
Note:- If the number of employer is more than one or if the Establishment is a public limited company the application will be signed by the person who is duly authorised for the purpose . If the employer is minor, the application shall be signed by the legal guardian of the minor as well.
____________________________________________________________________________________________
1. Ins. by S.O. 6, dated 3.1.1974.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 21 1 [ FORM II.
[ Rule 3.]
REGISTER OF ESTABLISHMENTS.
District …………………… Serial No.
Name with full address of establish ment (serials 1,2,3 and 4 of Form no.1).
Name/s of Employer /s.
Designa tion, if any of employ er/s Address /es of employ er/s Type of busines s, trade or professi on, carried on (serial 2) Maximum no. of persons proposed to be employed (serial 6of Form no.
1) Sales Tax Registrati on no, if any, (serial 5 of Form 1).
Amount of fee deposited (give particulars of treasury challan or Postal Order as the case may be).
Registra tion no.
Signature of Inspecting Officer with date of registration .
Remark s.
Serials 7 and 8 of Form no. 1 1 2 3 4 5 6 7 8 9 10 11 12 1 [ FORM III.
[Rule 3.]
CERTIFICATE OF REGISTRATION.
1. Registration Mark and number ….
2. Name of establishment …. ….
3. Full postal address of the establishment ….
4. Location of the establishment ….
5. Type of business, trade or profession carried on.
6. Name and designation of the Manager or Agent or any other person in the immediate charge or control of the establishment.
7. Name and designation of other persons having as employer in the establishment.
8. Maximum number of persons to be employed on any day.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 22 This is to certify that the establishment, the particulars of which have been given above, has been registered under the Bihar Shops and Establishments Act, 1953, on the………………of …………….., 19……., this certificate of registration shall remain valid till the 31st day of December, 19…… Seal of the Inspecting Officer.
Inspecting Officer Under the Bihar Shops and Establishments Act, 1953.
Place of registration ……………………………… Renewals Date of renewal From To Signature of the Inspecting Officer with seal FORM IV.
[Rule 4.]
AMENDMENT OF CERTIFICATE OF REGISTRATION.
To THE INSPECTING OFFICER, UNDER THE BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953.
SUBJECT.- Issue of fresh certificate of registration.
SIR, The following changes in respect of the information concerning my establishment (no. and date of registration …………), furnished in Form 3 / Form 4, have taken place. Please issue a fresh certificate of registration.
I have deposited Rs………… (rupees ………….) only in the ……………… Treasury (vide Challan no. ……………)/ I am enclosing a Crossed Indian Postal Order no…………….. for Rs………….. (rupees………….), (date……………enclosed).
Charges ………………….
1.
2.
3.
4.
Yours Faithfully, Name of employer Name of establishment Address of establishment JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 23 FORM V.
[ Rule 9(1).]
NOTICE OF CLOSURE.
To THE INSPECTING OFFICER, THE BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953 …………………………DISTRICT.
SIR, Please note that my establishment, whose registration no. is………… has been closed from ……………… Name of Establishment………………………… Address…………………………… Reason of closure................................
Probable period of closure……………………………… Number of employees affected……………………… Signature of employer, Name and address of establishment.
Date…………………………..
FORM VI.
[ Rule 11 (1).]
NOTICE OF WEEKLY CLOSURE.
Name of establishment…………………………… Address…………………………… Registration no……………………………… Notice is hereby given that with effect from ……………….. the above establishment shall be closed on ………… Signature of employer.
Date……………….
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 24 FORM VII.
[ Rule 12.]
NOTICE OF HOLIDAY.
Name of establishment……………… Address………………………….
The persons employed in this establishment shall be given holiday on the day mentioned below in the week following the day of this notice and until further notice :- Serial no. Names of employees. Date on which holiday is allowed.
_____1________________________________2___________________________________3__________________ _____________________________________________________________________________________________ Signature of employer.
Date…………………….
FORM VIII [ Rule 13.]
NOTICE OF PERIOD OF WORKS OF EMPLOYEES.
Name of establishment……………………… Registration no……………………..
Serial no, Name of employees Whether adult or children Periods of work. Remarks From- To- From- To- From- To- 1 2 3 4 5 6 7 8 9 10 JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 25 FORM IX.
[ Rule 14. ] LEAVE WITH WAGES REGESTER.
Serial no. Name of employee.
Whether adult or child.
Date on which leave- Nature of leave.
Total leave taken during the year.
Balance carried over. Applied for.
Availed - From - To - 1 2 3 4 5 6 7 8 9 FORM X.
[ Rule 17. ] Register of Wages and Overtime payment Serial no.
Name of employee.
Date on which overtime worked.
Extent of overtime on each occasion.
Total overti me worke d.
Wage period.
Rate of wages payable.
Total overtime earning during the wage period.
Gross wage payab le.
Deducti ons, if any.
Actual wages paid.
Signature or thumb impression of employee.
Signature of employer or any person authorized by him.
1 2 3 4 5 6 7 8 9 10 11 12 13 JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 26 FORM XI.
[ Rule 19. ] REGISTER OF FINES AND DEDUCTIONS.
Name of establishments…………………………………..
Name of employer……………………………………….
Serial no.
Name of employees.
Sex Nature and date of the offence/damage or loss for which fine is imposed/deduction is made.
Whether the employee showed cause against fine/deduction;
If so, enter date Rate of wages.
Date and amount of fine/deduction imposed.
Date/s on which fine/deduction imposed is realized.
Remarks.
1 2 3 4 5 6 7 8 9 N.B.--- Entries not necessary may be struck off.
FORM XII.
[ Rule 22.]
FORM OF INDIVIDUAL APPLICATION.
In the court of the Authority appointed under the Bihar Shops and Establishment Act, 1953, for …………………………………. area.
Application no…………………………………… of 19 Between A B C ……………………………………………. – Applicant.
[ Through ………………………. a legal practitioner / an official ( which is a registered Trade Union) ] and X Y Z ………………………………………… - Opposite Party.
1. A B C is a person employed in the ……………………….. establishment and resides at ………………………………. .
The address of the applicant for the service of all notices and processes is ……………….
2. X Y Z, the opposite party, is the person responsible for the payment of his wages under section 19 of the Act and his address for the service of all notices and processes is…………………………………………………… JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 27
3. (1). The applicant’s wages have not been paid for the following wage periods (given dates), or a sum of Rs………………………… has been unlawfully deducted from his wages of ……………………………… :- (Amount ) for the wage period (s) which ended on [give date (s)].
(2) (Here give any further claim or explanation.)
4. The applicant estimates the value of relief sought by him at the sum of Rs……………………
5. The applicant prays that a direction may be issued under sub-section (2) of section 28 for –
(a) Payment of this delayed wages as estimated or such greater or lesser amount as the Authority may find or refund of the amount illegally deducted;
(b) Compensation amounting to ……………………………………..
The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.
Signature or thumb impression of the employed person or legal practitioner or official of a registered Trade Union duly authorised.
FORM XIII.
[ Rule 22. ] FORM OF GROUP APPICATIONS.
In the Court of the Authority appointed under the Bihar Shops and Establishment Act, 1953.
for………………………area.
Application no……………………..of 19 Between A B C (state the number)……………………………………..and others – Applicants (Through ………………………………… a legal practitioner/ an official of ………………………………………….
(which is the registered trade union)] and X Y Z ……………………………………………… - Opposite Party.
The applicants state as follows :-
1. The applicants whose names appear in the attached schedule are persons employed in the……………………..establishment. The addresses of the applicants for service of all notices and processes are………………………………………….
2. X Y Z, the opposite party, is the person responsible for the payment of wages under section 19 of the Act and his address for the service of all notices and processes is ………………………………….
3. The applicant’s wages have not been paid for the following wage period (s) :-
4. The applicants estimate the value of the relief sought by them at the sum of Rs ………………………… JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 28
5. The applicants pray that a direction may be issued under sub-section (2) of section 28 for –
(a) Payment of the applicant’s delayed wages as estimated……………….or such greater or lesser amount as the Authority…………………….may find to be due;
(b) Compensation amounting to……………………….
The applicants certify that the statement of facts contained in this application is to the best of their knowledge and belief accurate.
Signature or thumb impression of two of the applicants or legal practitioner or an official of a registered trade union duly authorized.
SCHEDULE.
Name of applicants.
1.
2.
3.
4.
5.
FORM XIV.
[ Rule 22. ] (FORM OF)APPLICATION BY AN INSPECTING OFFICER OR PERSON AUTHORISED TO ACT.
In the Court of the Authority appointed under the Bihar Shops and Establishments Act, 1953.
for…………………………………….area.
Application no………………………………… of 19 Between A B C (designators) ……………………….., an Inspector under the Bihar Shops and Establishments Act, 1953 [or a person authorized to act under sub-section (1) of section 28] – Applicant and X Y Z……………………………………… - the Opposite Party.
The applicants states as follows :-
1. X Y Z, the opposite party, is the person respo0nsibe under the Act for the payment of wages to the following persons :-
(1)
(2)
(3)
2. His address for the service of all notices and process is……………………………………………………………………… JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 29
3. The wages of the said person (s) due in respect of the following wages period (s) have not been paid/ have been subjected to the following illegal deductions :-
4. The applicant estimates the value of the relief sought for the person (s) employed at the sum of Rs………………………..
5. The applicant prays that a direction may be issued under sub-section (2) of section 28 for –
(a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due or refund of the amount illegally deducted;
(b) Compensation amounting to…………………………………… The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.
Signature.
FORM XV.
[ Rule 22.]
CERTIFICATE OF AUTHORISATION.
I/We employed person (s) hereby authorize a legal practitioner / an official of………………………………………, which is a registered Trade Union to act on my / our behalf under section 28 of the Bihar Shops and Establishments Act, 1953, in respect of the claim against………………………………….. on account of the delay in payment of / illegal deduction from my / our wages for…………………………………………………… Witnesses :- Signature :-
(1) (1)
(2) (2)
(3) (3)
(4) (4) I accept the authorization.
Signature.
Legal Practitioner / Official of a registered trade union.
FORM XVI.
[ Rule 22.]
NOTICE FOR THE DISPOSAL OF APPLICATION.
To Whereas under the Bihar Shops and Establishments Act, 1953, a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by and person duly instructed and able to answer all material questions relating to the application or who shall be accompanied by some person able to answer all such questions on the………..day of…………….19 at……………..o’clock in the forenoon/afternoon to answer the claim and as the day fixed for your appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and the documents upon which you intend to rely in support of your defence.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 30 Take notice, that in default of your appearance on the day before mentioned, the application will be heard and determined in your absence.
Given under my hand and seal, this day of………………………..19 Authority FORM XVII.
[ Rule 22.]
RECORD OF DIRECTION.
(1) Serial number ... …
(2) Date of the application …
(3) Name or names, percentage, address or addresses of the applicants or some or all of the applicants belonging to the same unpaid group.
(4) Name and address of the employer
(5) Amount claimed –
(a) As delayed wages … Rs.
(b) As deducted from wages … Rs.
(6) Plea of the employer and his examination (if any).
(7) Finding, and in the case of a direction under section 28, a brief statement of the reasons therefore.
(8) Amount awarded –
(a) Delayed wages … Rs. ……………….
(b) Deducted wages … Rs. ………………..
(c)
(9) Compensation awarded … Rs. ………………..
(10) Penalty imposed … … Rs. ……………….
Signed……………………………..
Dated……………………… NOTE. – In case of appeal, attach on a separate sheet the substance of the evidence.
FORM XVIII.
(Rule 24) NOTICE TO RESPONDENT OF THE DAY FIXED FOR HEARING OF THE APPEAL UNDER SECTION 28 (7) OF THE BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953.
Appeal from the decision of the Authority for the ………….area……………..dated the …………day of ………19……..
To, Take notice that an appeal of which a copy is enclosed from the decision of the Authority for………………….area has been presented by……………….(and others), and registered in this court and that the day of………………….19………….. has been fixed by the court for the hearing of this appeal.
If no appearance is made on your behalf by yourself or by someone by law authorized to act for you in this appeal, it will be heard and decided in your absence.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 31 Given under my hand and the seal of the Court, this……………day of…………….19……….
Seal of the Court.
Appellate Authority FORM XIX ( Rule 43 ) Quarterly report for the month of March/June/ September/December
1. Name of Establishment/ Employer—
2. Address Town District State
3. Type of the establishment
4. Number of days worked during the month
5. Normal working hours
6. 6. Rest interval (Hours)
7. Employment and earning of hired workers Serial No. No. of employment at the end of the quarter No. of man days worked during the month Emolument paid in cash before deduction Money value of payment Ex-gratia cash payment Contribution to social security funds 1 2 3 4 5 6 7 Men Women Young
8. Number of unpaid helpers N.B.—Ex-gratia cash payments including profit-sharing bonus may be paid annually, quarterly or over any other period and other ad hoc cash payments, if any.
Whether the establishment is a—
(i) Shop
(ii) Commercial establishment
(iii) Restaurant, eating house or hotel
(iv) Theatre or a place of public entertainment; or
(v) Other type should be mentioned here;
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 32 FORM XX (Rule 43) Quarterly Returns on employment and employee compensation of the calendar month March/June/September/ December, 19..
______________________________________________________________________________ Category of Shop and Commerci al Establishm ents Total No. of shops and Commercial establishments Employing 10 or more persons Cover ed under B.S. & E. Act Submitt ing returns Total number in employm ent Total numb er of worki ng days No. of mand ays worke d Total emolum ents paid in cash before deductio n Money value of concess ion Exgratia cash payme nts Contribu tion to social suecurity funds Tot al 1 2 3 4 5 6 7 8 9 10 11
1. Shops ( Total )
(a) Men
(b) Women
(c) Children
2. Commercial Establishment (Total)
(a) Men
(b) Women
(c) Children
3. Restaurant, Eating Houses, Hotels ( Total )
(a) Men
(b) Women
(c) Children
4. Theatres or any place of public amusement or entertainment (Total)
(a) Men
(b) Women
(c) Children
5. Others (Total )
(a) Men
(b) Women
(c) Children
6. Total (1,2,3,4,5 ) JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 33 FORM XXI (See Rule 12-A) Service Card to Employee Name of the Establishment………………………… Address………………………………………..
Registration No……………………………… Personal Particulars of employees Nature of work with wages at particular date Signature or thumb impression of the employees Signature of employer Signature of Inspection Officer Remarks Designation With effect from Rate of wages 1 2 3 4 5 6 7 8
1. Name ……………………………………
2. Father’s name………………………..
3. Permanent Address…………………
4. Local Address………………………….
5. Age at the time of appointment…………………
6. Date of appointment…………………….
_________________________