Bihar Shops and Establishments Act, 1953

Sl. No.PlaceRevenue ThanaParganaDistrict 12345 1.Saria Bazar44RampurGiridih S.O. 1725, dated 22nd December, 1979.— In exercise of the powers conferred by sub- section (3) of Section 1 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII

12345 1.ThakurganjGothra-16North - L.R.P. RoadPurnea BazarKanakpur-17Purnea. Chouhadi Gothra. South - Boundary of Village Kanakpur. East - Burhi Dangi River, village Kanakpur. West - L.R.P. Road, Village Gothra. 2.TribeniganjLatona-273North - KathakholwaSaharsa BazarThalhaSouth - Mora Garia-269East - Duparakha West - Babhangama. 3.DhakaDhaka ChainpurNorth - Pipra Wazid.East BazarPanchayat.South - DhakaChamparan Dhaka RamchandraLahan 106. Panchayat.East - Barharwa, Siwan. West - Sitalpatti. ● The 18th September 1985

S.O. 939, dated the 30th September, 1985.— In exercise of the powers conferred by sub-

section (3) of section 1 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of

1954) and in partial modification of notification no. II/S6-1036/58-10883, dated the 25th

8 |Bihar Shops & Establishments Act, 1953| Sec. 2

● The 13th April 1985

S.O. 1154, dated the 7th November, 1985.—In exercise of the powers conferred by sub-

section (3) of section 1 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of

pleased to appoint the date of issue of this notification as the date on/ from which all the provisions of the said Act shall come into force in all such areas of Ranchi Municipal

Corporation which fall beyond the areas of the Ranchi Municipality.

● The 12th April 1985

S.O. 1156, dated the 7th November, 1985.— In exercise of the powers conferred by sub-

section (3) of section 1 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of

Governor of Bihar is pleased to appoint the date, on which the municipal corporations

Column 1.Column 2. No. L/S6-108/55–1974,1. Bhagalpur Municipal Corporation. dated the 5th February, 1956.2. Gaya Municipal Corporation. And3. Darbhanga Municipal Corporation. I/S6-106/57L–3644, dated the 28th February, 1957.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context –

(1)“Apprentice” means a person, aged not less than twelve years, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;

with the establishment;

the hour his work commences;

1[(4)“employee” means a person wholly or partially employed for hire, wages including salary, reward, or commission in and in connection with any establishment and

includes ‘apprentice’ but does not include member of the employer’s family. It

¹ Subs. by Act 2 of 1975.

also includes person employed in a factory who are not worker within the meaning

Sec. 2 |Bihar Shops & Establishments Act, 1953| 9

of the Factories Act, 1948 ( 63 of 1948), and for the purpose of proceeding under

this Act, include an employee, who has been dismissed, discharged or retrenched for any reason whatsoever; (5)“employer” means a person who owns or exercise ultimate control over the affairs of an establishment and includes a manager, agent or any other person in the

immediate charge of the general management or control of such establishment;

1[(6)“establishment” means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes — (i)administrative or clerical service appertaining to such establishment; (ii)a shop, restaurant, residential hotel, eating house, theatre or any place of public amusement or entertainment; and

1. (iii) such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include

(7)“family” in relation to an employer means the husband or wife, child or children, father or mother, brother or sister, brother’s son, sister’s son, daughter’s son and

son’s son of such employer living with him and dependent on him;

(8)“holiday” means a day on which an establishment shall remain closed or on which

an employee shall be given a holiday under the provisions of this Act;

(9)“Inspecting officer” means an Inspecting Officer appointed under sub-section (1)

of section 29 and includes the Chief Inspecting Officer, Additional Inspecting

Officer and ex-officio Inspecting Officer appointed under or referred to in that section;

(10)“Leave” means leave provided for in Chapter IV of this Act;

(10A) “Opened” means opened for the service of any customer or for any business connected with the establishment;

(10B) “Period of work” means the time during which an employee is at the disposal of

the employer; (11)“Prescribed” means prescribed by rules made under this Act;

(13)“Restaurant” or “eating house” means any premises in which is carried on wholly

or principally the business of the supply of meal or refreshments to the public or

a class of the public for consumption on the premises;

(15)“Schedule” means the Schedule appended to this Act; (16)“Shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes an office, store-room, godown, warehouse and work place, whether in the same premises or elsewhere, used in connection with such sales or services, but does not include a restaurant,

a residential hotel, eating house, theatre or other place of public amusement or

entertainment;

10 |Bihar Shops & Establishments Act, 1953| Sec. 2 (17)“Spread over” means the period between the commencement and the termination

of an employee on any day;

(18)“Theatre” includes any premises intended principally or wholly for the exhibition

of pictures or other optical effects by means of a cinematograph or other suitable

apparatus or for dramatic performance, or any other public amusement or entertainment;

(20)“Wages” means wages as defined in the Payment of Wages Act, 1936 (IV of 1936) and includes the dearness allowance as the workman is for the time being entitled to;

(22)“Young person” means a person who is not a child and has not completed the age of eighteen years. Comments & Case-Law Sec. 2 (4)

a “person employed” if there are other circumstances which indicate of his regular employment. Whitway Dresses v. Addl. Labour Court, 1988 (2) LLJ 345. The person claiming to be an employee must be one wholly or principally employed in and in connection with any establishment. Canara Bank v. Appellate Authority, 1981 Lab. IC 1043. The following were held employees —

Sales Officers of an industrial undertaking. Avery India Ltd. v. Commissioner for Workmen

Compensation, 6 FJR 432. Field Workers employed for guiding, supervising and controlling the growth (or

production) and supply. State of U.P. v. M.P. Singh, 1960 (1) LLJ 270.

Accountant dealing with cash. Motipur Sugar Factory v. Rikhdeo Pd., CWJC No. 629 of 1971 decided on 14-4-1975. A goldsmith appointed by a Bank as an appraiser, though may not be called an

employee in the literal meaning of the term but is entitled to the benefits of the Act. Canara

Bank vs. Appellate Authority. 1978 (1) LLJ 324.

Factory workers attached to such parts of establishment which comes under this

¹ Ins. by Act 12 of 1961.

Act, and not guided by Factories Act. Motipur Sugar Factory P Ltd. vs. Sri Rikhdeo Prasad, 1969 PLJR 270; Rohtas Industries Ltd. vs. Ram Lakhan Singh, 1978 BBCJ 498C. But the following are not employees — Person employed as canvasser. Avery India Ltd. vs. Addl. Commissioner for Workmen Compensation, 1978 (1) LLJ 92; M/s. United Wireropes Ltd. vs. Addl. Commissioner for Workmen Compensation. 1976 (1) LLJ 226. Person employed as a domestic servant at officer’s residence. Ganesh Flour Mills Co. Ltd vs. Labour Court, 1971 (1) LLJ 287 : 1971 Lab. IC 225. Working journalists. Samachar Bharti vs. Kedar Nath, 43 FJR 30.

Sec. 2 |Bihar Shops & Establishments Act, 1953| 11 The term ‘employee’ does not include a person holds a civil post under the State or Central Government. Such a person is a person serving or employed under the State and he

comes under the administrative control of the State. Rohtas Industries vs. Ram Lakhan Singh,

AIR 1978 SC 849 : (1978) 2 SCC 140. See also Dr. S. L Agarwal vs. General Manager, Hindustan Steel Ltd., AIR 1970 SC 1150.

Mere assignment of duty to check and report the faults of other workmen, will not

make the employee concerned a supervisor or manager. National Engineering Industries Ltd. vs. Kishan Bhageria, 1988 (2) SLJ 23. Members of a co-operative society formed with the principle object of providing

employment to its members, are not employees even if remuneration is paid to them. E.S.I.

Corpn. vs. Laxmi Power Loom Weavers Co-opt. & Sales Society, 1986 Lab. IC 370. On a plain reading of the provisions of section 2 (4) it is clear that even persons

However, there are two exceptions, namely, (a) those persons who are not “Workers” within

‘Causal worker’ not employed but engaged for specific item of work are not employees. Regional Director, E.S.I. Corpn. vs. P.R. Narhari Rao, 1986 Lab. IC 1981. —Section 2(4)—on a plain reading it would reveal that even persons employed in a

1996 (I) PLJR 297. —Section 2(4) read with Factories Act, 1948, Section 2 (1)—reading both the provisions together, there would be no doubt that the “worker” as defined in the Factories

Act, should be a person employed in the premises or precincts of the factory and it is not

necessary that such worker must be directly connected with the manufacturing process, but those who are off on any other work connected with or his work is incidental to the

manufacturing process in a factory are included. M/s. I.T.C. Ltd. vs. State of Bihar, 1996 (I)

PLJR 297.

under Section 2(4) and 6 of the Bihar Shops and Establishments Act, it is not required to be registered under the provisions of Rule 3 of the Bihar Shops and Establishments Rules.

M/s. I.T.C. Ltd. vs. State of Bihar, 1996 (I) PLJR 297.

Sec. 2 (5)

[The phrase “in the immediate charge of the general management or control of such

establishment” qualify and control and the three expressions preceding therein, i.e. Manager,

agent or any person. V. Poddar vs. State of Bihar, 1978 BBCJ 498.

12 |Bihar Shops & Establishments Act, 1953| Sec. 2

1964 BRLJ 1 : 1963 BLJR 782.

Leather Ind. Dev. Corpn. vs. Chiraguddin Ahmad, 1981 BBCJ 111.

A person who does not own or exercise control over the affairs of an establishment,

cannot be said to be the ‘Manager’ and therefore is not liable to be prosecuted, in absence of

specific averment that he was the person in immediate charge of management. Ravindra

Nath Dutta vs. D. K. Barmun, AIR 1969 Pat. 371 : 1969 BLJR 510.

The employer is required only to have control over the employees’ skill and continued employment. Hussain Bhai vs. Alath Factory Tez Hilali Union, AIR 1978 SC 1410: (1978)4 SCC 257. —Sections 2(5) and 26(2)—complainant employed as Asstt. Administrative Officer on probation period which was extended twice and he was allowed to continue even after last extension and thereafter his service terminated with one month’s pay for the notice— the Tribunal should have applied proper test before holding that his complaint before it was maintainable—his appointment letter shows that he was appointed in the organisation which term includes, both factory and head office—he was mostly employed in the factory and the nature of his job was Supervisory—mere extensions of his service and continuing him beyond last extension did not amount to his automatic confirmation and therefore, terms of

contract of appointment still applied—however, a person on probation cannot be removed

before the expiry of the period of probation except in cases of unsatisfactory service or

misconduct—moreover, the High Court cannot interfere with the findings of Tribunal unless

it is clear that the findings under review are perverse—Tribunal having awarded only compensation and not his reinstatement, the High Court would not interfere. Bihar Air Products Limited vs. Presiding Officer, 1999(1) PLJR 883.] Sec. 2 (6)

[To bring an establishment within the ambit of this Act it has to be seen whether the

concern undertakes habitually the production and distribution of goods or renders any

of this Act. The State Government’s power to issue notification including some other establishments is confined to something which is similar to or analogous to what precedes the word “such”. The word used is “such” and not “any”. Therefore, had the power been to declare something else or something dissimilar to what is mentioned earlier, the word “any”

would have been there and not the word “such”. State of Maharastra vs. Smt. Dhanlaxmi V.

Meisheri, 1981 Lab. IC 907.

Municipal Board is an establishment as it engages labour and effort of persons. Municipal Board vs. Addl. Labour Commissioner; 1986 Lab. IC 1528. The following are establishments— A club, whether it makes a profit or not. United Club vs. Jt. Commissioner; 1986 PLJR

1. (NOC) 59. A financial institution rendering service to its customers by advancing moneys to

purchase vehicles on hire-purchase basis. M/s. Sundaram Finance Ltd vs. State of Tamil Nadu,

1981 Lab, IC (NOC) 108.

Restaurant situated in railway premises. State of Bihar vs. J. P Singh, 1964 BRLJ I :

1963 BLJR 782.

IC 1007.

A photographer’s Studio. State of U.P. v. Manmohan Nautyal, 42 FJR 252.

Banks, Canara Bank v. Appellate Authority, 1978 (1) LLJ 324; South India Bank Ltd. v. T D. Pichuthayappan, 1954 (1) LLJ 289; Commercial Bank Ltd. v. Authority under Payment of Wages Act, 1958 (2) LLJ 31; Canara Bank v. Appellate Authority, 1981 Lab. IC 1034. Bihar State Electricity Board. Electrical Executive Engineer v. S.P. Pankaj, 1966 BLJR 120 : 1967 (1) LLJ 602. See also Madras State Electricity Board v. Commissioner, 1961 (1) LLJ 297. Canteens run by employer for employees but also thrown open to public. Nagpur Corpn. (Civil) Canteen v. P.P. Kulkarni, 1975 Lab. IC 1382.

or trade for profit. Therefore, where a physician apart from rendering medical advice or treatment to his patients admittedly provided three other services viz. (1) a Pathological Laboratory, (ii) X-ray facilities and (iii) arrangements for indoor patients; and all these services were available also to persons who were not his patients and were the patients of other doctors, it is apparent that the place was run and operated upon by the physician not merely

as a doctor’s clinic. In absence of any averment that these services were being rendered as a

charitable institution or on “no profit-no loss basis”, the establishment would be deemed to be of commercial nature covered under the Act. Vinai Kumar Gupta v. Asstt. Labour Commissioner, 1981 Lab. IC 1433. But the following arc not establishments :— Transport Undertakings covered by Motor Transport Workers Act. Bihar State Road Transport Corpn. v. Orang Bahadur, AIR 1968 Pat. 200; Amarnath Singh v. Presiding Officer,

1979 (1) LLJ 233.

Office of a chartered Architect. L.M. Chitale & Sons. v. Commissioner of Labour, 1963

1. (2) LLJ 747. Hostel attached to educational institution working on no profit no loss basis. National

Institute of Engineering Society v. Labour Inspector, 1975 Lab. IC 1134.

Sec. 2 |Bihar Shops & Establishments Act, 1953| 13

14 |Bihar Shops & Establishments Act, 1953| Sec. 2

1964 Bom. 200: 1964 (1) LLJ 156, see also V. Sasidharan v. M/s Peter & Karunakar, AIR 1948 SC 1700 : 1948 Lab. IC 1587.

63 : 1969 BRLJ 67. See also Vinai Kumar Gupta v. Asstt. Labour Commissioner, 1981 Lab. IC 1433. A maternity home established and run by a doctor. State of Maharashtra v. Smt. Dhanlaxmi v. Meisheri, 1981 Lab. IC 907.

AIR 1968 Bom. 283: 1968 (1) LLJ 187.

Stall and space of hawkers. Abdul Ghani Abdul Shakoor v. State, 1961 (1) LLJ 696.

Canteens run by employers. Hotel Mazdoor Sabha v. Alvares, AIR 1965 Bom. 13 : 1964 (2) LLJ 1. Godown (unless specially notified by the State Govt.) Lipton India Ltd. v. Secy. to

Govt. A.P., 1978 (1) LLJ 247; State of Mysore v. Brooke Bond India (P) Ltd., 1968 (2) LLJ 309.

Bihar State Village and Khadi Industries Board. Member Security. B.S. K. & V. I. B. v. D. Prasad, 1966 BLJR 381.

the application of the Act to the said establishment. Corporation of the City of Nagpur v. Dattatraya Balkrishna Naniwadekar, 1979 Lab. IC 337.

The words “to which the Act applies” do not mean “to which the provisions of this

Act could apply”. These words are included in the sub-section because even in respect of certain shops, or commercial establishments and other type of establishments properly

coming within the ambit of the Act, the provisions of the Act may not apply because of the

exemptions granted by the State Government. ibid.

The definition of the term “employer” is without any reference to “employee”. A

person who owns an establishment is an “employer” though there may not be any employee at all in the establishment. The same would be the position where the workers working in

the establishment are the members of the employer’s family. ibid.

A business being run for gain or profit on a regular and systematic way is a “commercial establishment”. Therefore a social organisation giving on hire for marriage and other ceremonies, premises, utensils, pandals and other articles, on a regular and systematic manner is a “commercial establishment”. ibid.

held to be a camouflage. Beldih Club v. Presiding Officer, 1991 (1) PLJR 81 : 1990 (2) BLJR 808.

Secs. 3-4 |Bihar Shops & Establishments Act, 1953| 15

The word “Industry” as defined in section 2 (j) of the Industrial Disputes Act, 1947

is of wider amplitude than the word “establishment” defined under section 2 (6) of the Bihar Shops and Establishments Act. A “club” which does not carry out any commercial activity is not an “establishment”. ibid.

The use of the words “means” and “includes” in respect of any definition clause

makes the definition exhaustive. ibid.] Sec 2 (8) [Sundays and other paid holidays should also be taken into account for the purpose

Sec. 2 (16) [To constitute a concern a ‘shop’ within the meaning of this Act, it has to be ascertained whether the concern sells any goods or renders any services, AIR 1955 SC 62.

Element of premises must be satisfied. Babubhai Prabhudas Modi v. Adelajikaluji, 1970

LLJ 225.

Premises used for earning profits or gains – a shop. Khan Mohd. v. State of A.P., 1973

Lab. IC 239.]

Time.

4. Exceptions.— (1) The provisions of this Act shall not apply to any precinct or

premises of a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (XXV of 1952).

1. (2) Notwithstanding anything contained in this Act, the provisions thereof specified

in the third column of the Schedule shall not apply to the establishment, employees and

other persons referred to in the corresponding entry in the second column : Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly. Comments & Case-law [The proviso to section (2) does not confer power on the State Government to issue a notification amending the “Schedule” appended to the Act, with retrospective effect. The word “deemed” in the aforesaid cannot be construed so as to confer such power on the

State Government, which is only a “subordinate authority”. State Bank of India v. State of

Bihar, 1990 (2) PLJR 336.

The provisions of sub-section (2) of section 4 (as amended) contain a non-obstante

clause and by virtue of the deeming provision contained therein have come into effect immediately on enactment and are to affect all proceedings pending on 13.8.1985. In view

establishments and branches of Public Sector Banks situated in the State of Bihar. State

Bank of India v. State of Bihar, 1995 (1) PLJR 81.

16 |Bihar Shops & Establishments Act, 1953| Secs. 5-7

750] 5. Rights and privileges under other laws, etc. not affected.— Nothing in this Act shall affect any right or privilege to which an employee in any establishment is entitled, at the date on which this Act applies to such establishment, under any other law for the time being in force, or under award, agreement contract, custom or usage applicable to such

establishment, if such right or privilege is more favourable to him than any right or privilege

conferred upon him by this Act. Comments & Case-law

[The onus of proving lies on the employee where he claims to be entitled to better

benefits than those given in this Act and where he succeeds in proving it, the determination

of benefits will not be done in accordance with the provisions of the Act but in accordance

with such contract, custom or usage as may be proved by the employee. Ram Narayan Mishra v. D. Das & Bros., 1980 Lab. IC 75. The power to suspend an employee is not an implied term in an ordinary contract of

No implied term can be inferred authorising the employer to suspend the workman who is

governed by the provisions of the Act during the pendency of a criminal case against him.

Inter-State Transport Agency v. Frabhat Kumar Sinha, AIR 1966 Pat. 230.] CHAPTER II Establishments

Comments & Case-law

Shops and Establishments Act, it has to be held that the Firm is not required to be registered

7. Opening and closing hours of establishments.—

1. (1) No establishment shall on any day be opened earlier than 2[8 A.M. and closed later than 2[10 P.M. : Provided that any customer who was being served or was waiting to be served at such closing hour in any establishment may be served in such establishment during the

quarter of an hour immediately following such hour.]

1. (2) The State Government may, by notification, after the opening or closing hours

for different establishments or for different areas or for different periods of the year.

1. (3) When they are conducted in an establishment two or more trades or business,

¹ Subs. by Act 2 of 1975.

² Subs. for the figures “8 & 9” respectively by Act 25 of 2007.

[For notification regarding changing opening & closing times, see NOTIFICATION in this book.]

Secs. 8-10 |Bihar Shops & Establishments Act, 1953| 17 Comments & Case-law [Restrictions imposing opening and closing hours are not unreasonable. Art. 32 of

the Constitution is not attracted. Ramdhan Das v. State of Punjab, AIR 1961 SC 1559: 1961

1. (2) LLJ 102. “Open” means opened for carrying out the purposes for which the establishment exits. State v. S. R. Choudhary, 1961 (1) LLJ 673. “Closed” means closed for customer’s service. D. V Pathak v. Ramchandra, 1961 (2) LLJ 57. It is essential to establish that the customer’s service was affected even after the

But a restaurant which served refreshment through window to persons standing outside after prescribed hours, held, no offence was committed. Redbridge London Borough Council v. Wests Illford Ltd., 1958 Lab. IC 993 (Q.B.) The police has not been delegated power under this Act to inspect and institute a case. Accordingly, police official (unless specifically authorised under this Act) cannot enforce

1[8. Prohibition of sales before opening and after closing hours. — Save as otherwise provided in this Act, or under any other enactment, no person shall carry on the

sale of any goods in any place, whether a shop or not, before the opening or after the closing

hours fixed under section 7 : Provided that nothing in this section shall apply to hawkers on footpath or market street upto 11 P.M.

Provided that nothing in this section shall apply to the hawking of the newspapers.]

l

[9. Hours of work in establishments.— No employee in any establishment shall

be required or allowed to work in such establishment for more than 9 hours in a day and or more than 48 hours in a week, exclusive of interval allowed for rest or for meals which together shall not be less than one hour in any day :

Provided that during any period of stock taking or making of accounts or any other

purpose as may be prescribed any person, other than a child or a young person, may be

hours in a year :

State Government. ]

1[10. Interval for rest.—No employee in any establishment shall be required or allowed to work in such establishment for more than five hours continuously in any day

unless he has had an interval for rest of at least half an hour:

Provided that there shall not be more than one such interval for rest during the whole

¹ Subs. by Act 2 of 1975.

of the working period of any employee on any day.]

18 |Bihar Shops & Establishments Act, 1953| Secs. 11-12B

11. Spreading of periods of work.—The periods of work and intervals of rest of

an employee in an establishment shall not be together spread over more than —

2[xxx]

1. (4) Every employee in an establishment shall be allowed in each week holiday of one whole day : 2[xxx]
2. (5) No deduction shall be made from the wages of any employee in an establishment

on account of any day on which it has remained closed as a holiday under sub-section (1) or

on which an employee has been on his weekly holiday under sub-section (2) and if an

employee is employed on daily wages, he shall nonetheless be paid the daily wages of the

day on which such establishment remains closed or on which the employee is on his weekly holiday unless he is absent on the day preceding such day.) Comments & Case-law

[The cognizance of the offence u/s 12 (1) can be taken only if the complaint is filed

within six months on the date on which the offence has been committed. If period of six months expires on a holiday, the complaint must be filed on the re-opening day. Sitaram. v.

1973 Lab. IC 239. See also 1961 (2) LLJ 67 : 1961 (2) LLJ 57.

The restriction imposed is not unreasonable. Shambhu Pd. v. State of U. P., 1960 (1)

LLJ 431. See also 1959 (2) LLJ 257.]

3[12A. Other holidays.—Every employee in an establishment shall be allowed—

(a)a holiday on full pay on the Independence Day, the Republic Day and Mahatma Gandhi’s Birthday each year; and (b)such other holidays on full pay upto five days in a year, in connection with such festivals as the State Government may declare from time to time under this Act: Provided that an employee required to work on any such holiday shall be paid

4[12B. Every employee to be furnished with service card.— Every employee in

¹ Ins. by Act 2 of 1975.

an establishment shall be furnished by his employer with a service card in such form as may be prescribed.

³ Ins. by Act 2 of 1975.

⁴ Renumbered by Act 2 of 1975.

Secs. 13-16 |Bihar Shops & Establishments Act, 1953| 19 CHAPTER III Employment of children and young persons

13. No child to work in an establishment.—No child below the age of

1[fourteen years shall be required or allowed to work as an employee in any establishment to which this Act applies.

2[14. Young person and women.—No young person or women shall be required

or allowed to work whether as an employee or otherwise in any establishment to which this Act applies before 8 A.M. or after 10 p.m. 15. Daily and weekly hours of work for young persons.—(1) Notwithstanding anything contained in this Act— (a)no

3[xxx] young person shall be allowed to work as an employee in any establishment to which this Act applies for more than — (i)

4[xxx]

(ii)seven hours in any day or forty-two hours in any week in the case of a

young person; (b)no

3[xxx] young person shall be required or allowed to work in such establishment for more than four hours continuously in any day unless he

has an interval for rest and meals of at least one hour.

(2)

4[xxx] CHAPTER IV Leave with wages. 16. Annual leave with wages.—(1) Every employee who has worked for two hundred and forty days or more in an establishment during a calendar year and who has not been involved in an illegal strike, shall be allowed, during the subsequent calendar year,

leave with wages for a number of days calculated at the rate of –

(i)

5[xxx] (ii)

5[xxx] one day for every twenty days of work performed by him during the

previous calendar year.

Explanation.—For the purpose of this sub-section—

(a)any day of lay off, by agreement or contract or as permissible under the

exceeding twelve weeks; and (c)the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the employee has worked in an establishment for the

purpose of computation of the period of 240 days or more, but he shall not earn leave for

these days.

1.Subs for the word “twelve” by Act 25 of 2007.

2.“Section 14” Subs. by ibid. 3.Words “child or” repealed by ibid.

clause (iii) deleted by Act 25 of 2007.

20|Bihar Shops & Establishments Act, 1953| Sec. 16

1. (ii) An employee whose service commences, otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or as the case

1. (3) An employee who has been employed for a period of not less than one hundred and twenty days shall be entitled to leave with wages at the rate prescribed in clause (i) or

clause (ii) of sub-section (1), as the case may be, if the ratio of the number of days of his

employment is not less than the ratio which 240 bears to 365, and the employer shall pay to

him the amount payable under section 17 in respect of the leave with wages to which he is

deemed to have become entitled.

1. (4) In calculating leave under this section, fraction of leave of half-a-day or more

shall be treated as one full day’s leave, and fraction of less than half-a-day shall be omitted.

1. (5) If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding calender year :

1[Provided that the total number of days of leave that may be carried forward to a

succeeding year shall not exceed forty-five days.]

2[xxx]

1. (6) An employee may at any time apply in writing to the employer, not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any

portion thereof allowable to him during that calendar year under sub-section (1) or sub-

section (3), as the case may be:

Provided that the number of installments in which the leave is proposed to be taken

shall not exceed three.

1. (7) An application for leave which does not contravene the provisions of sub-section
2. (6) shall not be refused without sufficient cause to be recorded in writing: Provided that an employee aggrieved by such refusal may appeal in the prescribed

manner to the prescribed authority who shall, if he is satisfied after hearing the parties that

such refusal was without sufficient cause, award such compensation to the employee as such authority may consider fair and equitable.

amount which would have been payable to him as wages for the period in case he had been on leave during that period. The amount payable under this sub-section shall he in addition to the normal wages payable for the period. On an employee receiving the said amount the leave to his credit shall be reduced by

¹ Subs. by Act 2 of 1975.

the number of days in respect of which such amount is received.]

³ Ins. by Act 2 of 1975.

2.Second proviso omitted by ibid.

1[(9) If the employment of an employee who is entitled to leave under sub-section

1. (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if, having applied for and having not been granted such leave, he quits his employment before he has taken the leave, the employer shall pay

him the amount payable under section 17 in respect of the leave not taken, and such payment

shall be made before the expiry of the second working day after the day on which his employment is terminated and to an employee who quits his employment on or before the next pay day. Explanation 1.— “Illegal strike” means strike which is held by the State Government to be illegal within the meaning of section 24 of the Industrial Disputes Act, 1947 (XIV of

1. (10) If an employee wants to avail himself of the leave with wages due to him to

cover a period of illness, he shall be granted such leave if the application for leave is not

made within the time specified in sub-section (6) and in such a case wages as admissible under section 16 shall be paid not later than fifteen days.

1. (11) The unavailed leave of an employee shall not be taken into consideration in

computing the period of any notice required to be given before discharge or dismissal.]

2[16A. Other kinds of leave.— (1) Every employee in an establishment shall in addition to the leave admissible under section 16, be entitled to —

1. (a) Casual leave with full pay for 12 days in a Calendar year; and
2. (b) Sick leave on half pay for 12 days in a Calendar year on production of a medical certificate : Provided that the casual leave or the sick leave shall not be accumulative.

1. (2) Care-takers, guards and watch men, who have been in continuous employment

16, an employee shall be paid at a rate equal to the daily average of his total full time

earnings, exclusive of any overtime earnings and the yearly bonus, but inclusive of attendance

bonus, efficiency bonus and other incentive bonuses and dearness allowance and the cash equivalent of any advantage accruing by the sale of foodgrains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.]

1. (2) The State Government may prescribe —
   • (a) the manner in which the cash equivalent of the advantages accruing through

the concessional sale to employees of foodgrains and other articles shall be

calculated; and

1. (b) the registers that shall be maintained in an establishment for the purpose of

securing compliance with the provisions of this section.

2[(3) An employee proceeding on earned leave shall on demand be given advance

² Ins. by Act 2 of 1975.

payment of the wages for half of period of leave and the wages for the wage period Secs. 16-17 |Bihar Shops & Establishments Act, 1953| 21 1.Sub-secs. 8, 9, 10 re-numbered as sub-secs. 9, 10, 11 by ibid.

immediately preceding such leave. The wages for the remaining half period of such leave

shall be payable to him alongwith wages for the first wage period after he resumes duty. The

wages for the period of sick leave shall be payable to the employee alongwith his wages for

the first wage period after he resumes duty. Comments & Case-law [Absence from duty would mean that the employee had not worked during the period

of absence. The principle that has to he applied in such a case is no work, no pay and not

that the contract pay salary is indivisible. V. Ramachandran v. Indian Bank, 1979 (1) LLJ 122.

“Place of work” does not refer to premises. ibid.]

1[18. Power to increase the amount of leave.— Notwithstanding anything contained in sections 16 and 16A, the State Government may by notification increase the

in the notification.

18A. Power to exempt establishment.—Where the State Government is satisfied

that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it

may by written order, exempt the establishment from all or any of the provisions of this

Chapter subject to such conditions as may he specified in the order. CHAPTER V Wa ge s.

20. Fixation of wage period.— (1) Every employer shall fix period in respect of which such wages shall be payable.

1. (2) No wage period shall exceed one month.

21. Extra pay for overtime.— (1) Where an employee is required to work in an

establishment for more than nine hours in any day or for more than forty-eight hours in any

Explanation.— For the purpose of this section, the expression “ordinary rate of

wages”, in relation to an employee means the basic rates of wages and such allowances as

the employee is for the time being entitled to but does not include a bonus.

1. (2) The State Government may prescribe the registers that shall be maintained in an

establishment for the purpose of securing compliance with the provision of this section.

Comments & Case-law

[‘Overtime’ in the context of working hours means the period in excess of prescribed

working hours. M/s Phillips India Ltd. v. Labour Court, AIR 1985 SC 1034 : 1985 Lab. IC 854.

¹ Subs. by ibid.

the prescribed period, he must be paid overtime charges for fifteen minutes and failure to pay it, is an offence. AIR 1952 Mad. 43. 22|Bihar Shops & Establishments Act, 1953| Sec. 18-21

Where duties, responsibilities etc. are the same for both categories of employees,

there is no justification to grant lesser pay to one group as compared to the other. M.P. Singh

v. Union of India, 1988 (2) SLJ 95.

Where an employer prescribes normal working hours which are less than the

work. Haryana Apex Co-operative Bank v. Registrar, 1989 (1) SLJ 124.]

wages are payable :

which he attends for work again or demands payment.

1. (2) Where the employment of an employee is terminated by or under the order of

the employer, the wages earned by such employee shall be paid before the expiry of the

second working day from the day on which his employment is terminated.

1. (3) All payments of wages shall be made on a working day at or near the place of work and during working hours.
2. (4) The State Government may by general or special order exempt an employer from the operation of this section in respect of the wages of any employee or class of employees, to such extent and subject to such conditions as may be specified in the order.

24. Wages to be paid in current coins or currency notes.—All wages shall be paid

in current coins or currency notes or in both. 25. Deductions which may be made from wages. — No deductions other than those which may be prescribed shall be made by the employer from the wages of this employee. Comments & Case-law [ Where there is a dispute between the employer and employee on the period of

leave : the payment of leave salary for the period by the employer as per his stand does not

amount to deduction from wages. The employee is not entitled to any compensation in such a case. Ram Narayan Misra v. D. Das & Bros., 1980 Lab. IC 75.] 26. Notice of the dismissal or discharge.—

1[(1) No employer shall dismiss or

cause and after giving such employee at least one month’s notice or one month’s wages in lieu of such notice :

Provided that such notice shall not be necessary where the services of such employee

¹ Subs. by Act 2 of 1975.

are dispensed with on a charge of such misconduct as may be prescribed by the State Government, supported by satisfactory evidence recorded at an enquiry held for the purpose: Sec. 22-26 |Bihar Shops & Establishments Act, 1953| 23

Provided further that an employee who has been in continuous employment for a

year or more and whose services are dispensed with otherwise than on a charge of misconduct

shall also be paid compensation equivalent to fifteen days average wages for every completed

1[(2) Every employee, dismissed or discharged or whose employment is otherwise

terminated, may make a complaint in writing in the prescribed manner, to a prescribed

(i)there was no reasonable cause for dispensing with his services; or (ii)no notice was served on him as required by sub-seciton (1); or

(iii)he has not been guilty of any misconduct as held by the employer ; or

(iv)no compensation as prescribed in sub-section (1) was paid to him before dispensing with his service.]

1. (3) Notwithstanding anything contained in sub-section (2), where the order of dismissal or discharge was received by an employee at any time before the commencement

commencement of the said Act :

authority prescribed after such commencement and the said authority shall dispose the

same in accordance with the provisions of this Act.

1. (4) The prescribed authority may condone delay in filing such a complaint if it is satisfied that there was sufficient cause for not making the application within the prescribed time.

(5)(a) The prescribed authority shall cause a notice to be served on the employer

relating to the said complaint, record briefly the evidence adduced by the parties, hear them and after making such enquiry as it may consider necessary pass orders giving reasons therefor.

1. (b) In passing such order the prescribed authority shall have power to give relief to

the employee by way of reinstatement or money compensation or both.

1. (6) The decision of the prescribed authority shall be final and binding on both the employer and employee. Comments & Case-law [A complaint under section 26(1) filed by a person who is a worker within the meaning

of section 2 (h) of the Motor Transport Workers Act, 1961 is not maintainable. Raj Narayan

Singh v. Presiding Officer, 1986 PLJR 1000. Labour Court is a quasi-judicial authority and must exercise its power in a quasi-

¹ Subs. by Act 2 of 1975.

complaint against wrongful dismissal passed without sufficient cause being shown. Biscomaun Ltd. v. Presiding Officer, 1984 PLJR 291 : 1984 BBCJ 267. 24|Bihar Shops & Establishments Act, 1953| Sec. 26

This section deals with the notice of dismissal or discharge. It lays down the provisions

when the notice is not required.

The Act facilitates the employees to redress their grievances on ground of wrongful

dismissal or discharge. The decision of the appellate authority in cases of dismissal or discharge shall be final and shall be binding on both the parties.

1984 BRLJ 78 : 1984 PLJR 832. Accordingly this section will be very much available to muster-roll daily rated

workmen, provided they have been continuously employed for a period of not less than six

months. ibid. This section can be pressed in service only when the employer by positive act dismissed, discharged or otherwise terminated the employment of the employees.

filing an appeal. Thus, where an employee sent his resignation letter, and requested the

employer to relieve him on that date itself and the employer accepted the resignation and

relieved the employee from his duties, it cannot be said that the employer has dispensed

with the services of the employee and hence appeal by employee is not maintainable. G.R.

Ramaswami v. M/s Needle Industries (I) Ltd., 1981 Lab. IC 765.

letter of resignation submitted by him, if he subsequently contends that the letter of resignation was obtained from him under coercion or threat. ibid.

The provisions of the Act are covered by items 23 and 24 of the concurrent list in the

Constitution i.e. Social Security and Social Insurance, Employment and Unemployment,

and Welfare of Labour including conditions of work, Provident funds, Employee’s liability,

Workmen’s Compensation, Invalidity and Old age pension and Maternity benefits. In Jugal Kishore Bhandari v. Labour Commissioner, 1958 BLJR 223, it was held that

section 26 (2) of the Act is ultravires as it infringes the right guaranteed under Art. 19 (1) (g)

of the Constitution.

1964 BLJR 672 : AIR 1964 Pat. See also 1966 BLJR Lvi and 1966 BLJR 620.

The scheme of section 26 and rule 24, particularly in cases of persons in continuous

employment for not less than six months, contemplates bringing about disengagement only

to be reckoned. It is, therefore, manifest that the termination of service of a person Sec. 26 |Bihar Shops & Establishments Act, 1953| 25

continuously working for not less than six months can only be effected by a written order,

notice or termination order on the notice board. ibid. The provisions of this Act are not repugnant to the provisions of I.D. Act, I.E.

(Standing Order) Act and Payment of Wages Act. ibid. See also Indian Oil Corporation v.

C.D. Singh, 1972 (2) LLJ 395.

The proviso to sub-section(1) does not suffer from the vice of excessive delegation.

Caltex (India) Ltd. v. Presiding Officer, 1967 BRLJ 65. The list of acts shown in rule 20 (1) for which no notice is necessary are major misconducts which justify termination of service. The last clause has been framed in a

flexible manner in order to deal with any case which may justify an order of dismissal/

discharge but not provided for in other clauses. ibid.

the State Government supported by satisfactory evidence recorded on an enquiry held for the purpose.” This provision does not suffer from excessive delegation and is not unconstitutional. Caltex (India) Ltd. v. Presiding Officer, 1967 BRLJ 65. See also Calcutta Chemical Co. Ltd. v. D.K. Barman, 1969 BLJR 510 : AIR 1969 Pat. 371 : 1969 Lab. IC 1498.

Before terminating the services of a workman it is necessary for the employer to give

either one month’s notice or wages in lieu thereof. The failure to comply with this requirement makes the termination order invalid and the workman illegally terminated is liable to be paid back wages with compensation and reinstatement. However, where the employer has no work left and it is not possible to reinstate the workman, all that can be done is that

him. Manager, Allahabad Bank v. Presiding Officer, 1980 BRLJ 223 : 1980 BBCJ 505: 1981 Lab. IC (NOC) 4.

There is no bar laid down under this Act on the employer and employee entering

into a contract of service in which it is laid down that the service can be terminated without

assigning any reason but with one month’s notice or pay in lieu thereof. ibid. In a contract, where the employee’s misconduct was noticed by the employer and he

that the termination order does not suffer from any vice and it was not open to the Labour

26|Bihar Shops & Establishments Act, 1953| Sec. 26

Sec. 26 |Bihar Shops & Establishments Act, 1953| 27

1. (NOC) 19. Termination of employment as a result of bonafide closure does not attract the

unenforceable and invalid but not null and void and non est. National Insurance Co. Ltd. v. M. Vishwanath, 1979 (1) LLJ 16.

notice is not sufficient . N.M. Mehra v. Coromandal Fertilisers Ltd., 1977 (1) LLJ 151. See also S.S. Rly Co. v. Workers Union, AIR 1969 SC 513 : 1969 (1) LLJ 734. Where an employee underwent cataract operation and after the operation his services

were terminated by the management on the basis of the Ophthalmologist’s certificate that

the employee would have great difficulty in doing normal clerical work, it was held, that the

certificate by itself without any corroborative evidence as to how the employee’s poor eyesight

had adversely effected his working capacity to the detriment of management, did not

constitute “reasonable cause” for the purpose of termination. The termination was held not

sustainable. Secretary, M/s Spencer and Co. Ltd. v. Additional Commissioner, 1982 Lab. IC 1676.

In case of discharge of an employee on ground of continued ill health, it is necessary

to find out before discharge whether continued ill health has made the employee unfit to perform his duties for which he is employed. Iqbal Narain Saxena v. Presiding Officer, 1982 Lab. IC 79. There is no comparison between section 26 of this Act and Section 33A of the Industrial Disputes Act. The competent authority under section 2 does not have a limited

jurisdiction as in the case of section 33A. The words “any misconduct” used in sub-section

1. (2) show that sub-section (2) is not confined only to misconduct set out in Rule 20. Chairman, Brooke Bond India (P) Ltd. v. Chandra Nath Choudhary, 1969 PLJR 5A. The termination order passed without a proper enquiry cannot be upheld as an order made for a reasonable cause. M/s United Wire Ropes Ltd. v. Commissioner for Workmens Compensation, 1976 (1) LLJ 226.

179.

justice. S. Gopal Kamath v. Thayath Raghavan, 1979 Lab. IC (NOC) 92.

The appointment of Legal Adviser of the Company by the employer does not vitiate

enquiry. ibid. [1971 Lab IC (SC) 1 and 1979 Lab. IC 7 9 (Ker) Relied on.]

substantial prejudice in placing and proving facts for his innocence. Manindra Nath Ganguly v. Presiding Officer, 1979 BBCJ 245.

The appellate authority can apply the principles of natural justice and declare such

enquiries as invalid which were conducted merely as an empty formality. Kavita Movi House v. L.M. Mary, 1979 (I) LLJ 10.

There is no provisions of suspension of a workman in the Act. Inter-State Transport

Agency v. P.C. Sinha, 1965 BRLJ 934.

The delay in filing an appeal can be condoned by the prescribed authority in case

Limitation Act.

A muster-roll daily rated workman was not allowed to make attendance after he had

served for three years. The notice of termination of his service was served on him after 18

months. He filed a complaint before the Labour Court the very next day but the Labour Court dismissed it by taking the period when he was not allowed to sign the attendance into

dismissal or discharge has been notified or communicated and received by the workman, there is no question of any limitation arising in respect of the petition of complaint to be

entertained by the Labour Court. Krishna Kumar Sharma v. State of Bihar, 1984 BRLJ 78 :

1984 PLJR 832. An employee of a co-operative society, dismissed from service, can invoke the

provisions of sec. 26 (2). There being no provision in the Bihar and Orissa Co-operative

Societies Act to deal with such matters. The Labour Court has definitely the jurisdiction to entertain such a case. Salendra Narain Singh v. Presiding Officer, 1981 Lab. IC (NOC) 20. See also Bhilwar S.U.W. Bhandar Ltd. v. Prescribed Authority, 1983 Lab. IC 987. A person appointed to be a Presiding Officer by a notification has the jurisdiction to entertain the complaint. East India Pharmaceutical Works v. G.S. Verma, 1973 BRLJ 150 : 1973 Lab. IC 1501. The Labour Court, the prescribed authority under this Act, is a court sub-ordinate to

328. The appellate authority cannot dismiss an application for default of applicant or his representative. Munniruddin v. Pierce Leslie & Company, 1966 (1) LLJ 271. An appellate authoritiy has no power or jurisdiction to wave its earlier condition

fixed in earlier order. Doctrine of substantial compliance is not applicable. P.M. Geogre v.

Dy. Labour Commissioner, 1976 (2) LLJ 14. The appellate authority has no jurisdiction to proceed with the appeal filed by an

employee against his dismissal if the employee subsequently (before appeal has been taken

up) withdraws the dismissal order. President, Eraveli Co-op. Consumer’s Stores Limited v. Dy. Labour Commissioner, 1978 (1) LLJ 265.

Under section 26 (2) a workman can challenge the validity of the order of discharge/

dismissal on the ground that no notice was served on him as required by seciton 26 (1). Md. Fakhruddin v. Presiding Officer, 1980 BRLJ 142 : 1980 BBCJ 463. 28|Bihar Shops & Establishments Act, 1953| Sec. 26

discharge. ibid. In a complaint case under section 26 (2), the proceeding before the Labour Court is

given to the employee or not. For this the Labour Court is competent to record the evidence adduced by the parties, and after making an enquiry it should pass orders after giving reasons therefor. The Labour Court is also required to give a finding about the correctness and

and proper or violated the principles of natural justice, it may set aside the enquiry

proceedings. It is also open to it to disagree on merits with the findings of the domestic

enquiry. In either case it is open to it to afford a chance to the management to substantiate the charges at a de no vo enquiry before it and reach a conclusion in accordance with the

provisions of the Act. S Gopal Kamath v. Thayath Raghavan, 1979 Lab. IC (NOC) 92. See

also Kavita Movi House v. M.A Abdul Khader, 1979 Lab. IC 763. It is incumbent on the appellate authority to consider only the remaining charges

been taken in account. ibid. Section 2 does not empower a Labour Court to impose a punishment on the basis of

a complaint made by a person aggrieved by the action of the employer. Usha Sales Ltd. v.

Presiding Officer, 1983 PLJR 398. The finding recorded by Labour Court in an application u/s 26 of this Act shall

operate as resjudicata in a reference made u/s 10 of I.D. Act on the same matter before the

same Labour Court. B. Choudhary v. Presiding Officer, 1983 PLJR 419: 1983 Lab. IC 1755.

The dispute about the payment of gratuity is also a dispute which may be referred to

the Tribunal. Reference of such case under section 2A of the Industrial Disputes Act is valid. Joseph Niranjan Kumar Pradhan v. Presiding Officer, 1977 (1) LLJ 36. It is not necessary that the appellate authority while accepting that the dismissal order is unjustified must also order for reinstatement. Authority may order for only compensation and back wages. Hydrose Haji v. K. M. Bara, 1978 (2) LLJ 534. But the Patna High Court held that to deny the person who has been illegally dismissed

For the circumstances in which reinstatement can be denied—see Manager, Allahabad Bank v. Presiding Officer, 1980 BRLJ 223: 1980 BBCJ 505: 1981 Lab. IC (NO) 4 : M/s Spencer & Co. Ltd. v. L. Lakshminarayana, 1983 Lab. IC 596.

While passing an order for reinstatement of an employee the Court must also consider

the case of the employee for back wages and cannot deprive the employee of his back wages. Ganesh Flour Mills Co. Ltd. v. Labour Court, 1971 (1) LLJ 287. See also Rikhdeo Prasad

v. Presiding Officer, CWJC no. 986 of 1971 decided on 15.4.1975.

Sec. 26 |Bihar Shops & Establishments Act, 1953| 29

Remand order is not fit to be set aside if it was for the purpose of finding out whether

the respondent has committed any act in his capacity as an employee that would entail his discharge from service while writing offending letter as a share holder of the company. Rallis India Ltd. v. G. Lakshmi Kanthan, 1969 (1) LLJ 7. A statutory entitlement cannot be denied to a person on the solitary ground that

cannot be kept vacant even for a short period and the termination as held valid by the

Labour Court under the Shops & Establishments Act, it cannot be said that the order of the

Labour Court barred an employee from proceeding to claim reliefs available to him under other Legislations for example retrenchment compensation under Industrial Disputes Act. Raghavachari v. Madras Printers & Lithographers Association, 1980 Lab. IC 116.

Where the appellant was pursuing concurrent remedy of reference by Government

to Labour Court under the Industrial Disputes Act, in the application for condonation of

Even an employee appointed on temporary basis, can be dismissed or discharged only for a reasonable cause and after being given at least one month’s notice or one month’s wages in lieu thereof. The employer must establish that the services were terminated for a reasonable cause irrespective of any condition imposed to the contrary in the letter of appointment. The Labour Court has jurisdiction to go into all the circumstances which led

aforesaid employee will be contrary to the provisions of seciton 26 (as amended by

Amendment Act 8 of 1975.) Shri S.C. Das, Chairman, H.S.E. C.C. S. v. State of Bihar, 1988

PLJR (NOC) 15. Where order of dismissal which followed the earlier order of suspension of the workman, is late set aside the employee concerned will be entitled to compensation in lieu

of back wages from the date of suspension itself. Harish Kumar v. State of Bihar, 1988 LLJ

1. (NOC) 13.

Where the employee has chosen wrong form for redressal of his grievance, and the

Labour Court while deciding the issue has also pointed out about the wrong form, the

employee may not be prevented from taking further steps under the provisions of the Bihar

Shops and Establishments Act. The findings of the Labour Court cannot be said to be

binding on the employee if he takes further steps under the Bihar Shops and Establishments

Act. M/s Instrumentation Ltd. v. Presiding Officer, 1988 PLJR 145: 1988 BRLJ 19.

realities and other factors of a given case, can he exasperating. If the totality of the circumstances satisfies the court that the party visited with adverse order has not suffered

or Authority by reason of statute. The power of review can be exercised only when the

Govind Yadav. v. Ramcharitra Dubey, 1988 PLJR 1070 : 1989 BLJ 133. 30|Bihar Shops & Establishments Act, 1953| Sec. 26

Once the period of absence is treated as leave of any kind whatsoever, the fact that

the delinquent employee remained absent without prior permission does not survive. The

absence will be deemed to have been condoned. State of Punjab v. Chanan Singh, 1988 (3)

SLJ 216. Suspension in absence of any prima facie case for imposing any penalty is penal in

Where there was sufficient material to prove otherwise also, the charges against the

employee, the taking into account of extraneous factors does not vitiate the finding of enquiry.

R.S. Mehta v. N.I.A. Co. Ltd., 1988 (2) SLJ 89. The fact that the domestic enquiry is found to be vitiated will not have the effect of

obliterating whatever was done in the course of the enquiry. What transpired therein can he

used in an enquiry held later. Workmen, represented by General Secretary v. Labour Court. 1988

1. (2) SLJ 222. In exercise of its writ jurisdiction the High Court cannot go into the question of

Even a daily-rated worker cannot be removed for misconduct without giving him a

Haryana, 1988 (3) SLJ 175.

Where there is wide discretion, the procedural safeguards should be more rigidly

ibid. Section 26 contemplates the filing of complaint by an employee challenging the

TISCO Ltd. v. Presiding Officer, 1989 PLJR 650 : 1989 (2) BLJR 276. While deciding a complaint, under section 26 the Labour Court’s jurisdiction is confined to the question raised therein and it cannot come to a finding that the employee’s

earlier supersession (not part of the complaint) was bad in law. ibid.

The Labour Court is competent to go into the question as to whether the “resignation” submitted by the employee was voluntary, or the resignation as well as its acceptance was illegal and inoperative. ibid.

Sec. 26 |Bihar Shops & Establishments Act, 1953| 31

32|Bihar Shops & Establishments Act, 1953| Sec. 26 for determination in a complaint petition under section 26(2), but only because there is some procedural defect in the enquiry, the same will not vitiate the finding arrived at. Sri Sao. vs. Presiding Officer, 1989 PLJR 810. An employee claiming that his resignation was not voluntary but had been obtained

arrived at on mere conjecture by the Labour Court cannot be relied upon. Tata Robins Fraser Co. Ltd. vs Presiding Officer, 1989 PLJR 115: 1989 BLJR 555. “Labour Court”, the prescribed Authority under the Bihar Shops and Establishments Act, is a “Court”. Abdul Rahim vs. Telco Ltd., 1990(2) PLJR 161 (FB).

Since there is no provision in the Act for filing any appeal against order of Labour

Court u/s 26 before the High Court, therefore since the Labour Court is not a Court

and Establishments Act. Forum for tiling appeal from order under section 26 is the Industrial Tribunal. ibid. Labour Court can be said to retain its jurisdiction to hear a pending appeal by the

belatedly for the first time before the High Court, although it is essential for the order of termination to be served on the employee whose services are being dispensed with. Sri Sao vs. Presiding Officer, 1989 PLJR 810. Even if the issues have not been properly framed, but the parties have not been

prejudiced because of it, no illegality can be said to attract to that findings. ibid.

Where an aggrieved employee has two remedies available; one to invoke the provisions

remedy available. Bachchu Prasad Singh vs. Bharat Wagon and Engineering Co. Ltd., 1990 (1) PLJR 536 : 1990 (1) BLJR 215.

Court on allowing an application filed by the aggrieved employee under section 26 (2) of the Bihar Shops and Establishments Act. Central Coalfields Ltd. vs. Presiding Officer, 1992 (2) PLJR 315.

charge of misconduct and a case where employment is terminated for reasonable and

sufficient cause. Dismissal on charge of misconduct will be valid only after misconduct is

established after holding domestic enquiry in accordance with principles of natural justice.

Where a person has been in employment continuously for six months or more, the Employer

Officer, 1994 (2) PLJR 238. A complaint under the Act is to be adjudicated upon the basis of the legal status of

change its legal status unilaterally cannot have any legal effect on pending proceeding. Popular

required to be satisfied that the order is supported by evidence adduced in the domestic

The Bihar Shops and Establishments Act is a local statute applicable only in the

provisions of the Bihar Act. Where the appointment was contractual in nature and the

period of continuous employment was less than six months, the provisions of section 26 are

not attracted. Narendra Kumar Singh vs. Kendriya Vidyalaya Sangathan, 1993 (2) PLJR 10. Where the delinquent employee had been found guilty of several charges of misconduct in domestic enquiry and the complaint under section 26 against the order of dismissal by the aggrieved employee had been dismissed by the Labour Court after hearing

Presiding Officer, 1994. BRLJ 126 : 1994 (2) PLJR 238. —Section 26—Labour Court setting aside order of termination of services of

Court directing reinstatement with full back wages and in the alternative Employer given option to pay fifty months wages as compensation in lieu of reinstatement—in cases of wrongful dismissal or discharge, the normal rule is to award reinstatement—however, where

compensation in such a case is the solatium for unjustified and premature termination of employment—award of Labour Court set aside by High Court and directions given for payment of salary from date of illegal termination of services to the date of order of

Robin Fraser Ltd. vs. Presiding Officer,1996 (1) PLJR 502. Sec. 26 |Bihar Shops & Establishments Act, 1953| 33

34|Bihar Shops & Establishments Act, 1953| Secs. 27-28 —Section 26(2)-during the pendency of application u/s 26(2), a notification u/s

effect in relation to cases u/s 26(2) pending before its issuance and therefore Labour Court

has been no proper enquiry and also that the charges as levelled against the workmen amounts to misconduct, it is incumbent for him to come to his own findings on the evidence which was to be led before him before ordering reinstatement—matter remitted back for decision by the Presiding Officer—Workmen directed to be paid Rs. 30,000 as compensation payment in the meanwhile. Peerless G.F. & Inv. Co. Ltd. vs. Presiding Officer, 2000 (1) PLJR 926.

—Section 26(2)—direction for reinstatement of petitioner in service with full back

wages and other consequential benefits—petitioner merely claiming back wages and alleging

within its spirit —petitioner shall be entitled to and be paid back wages from the date of

1. (2) Where an employee contravenes the provision of sub-section (1), his employer may forfeit any unpaid wages for a period not exceeding fifteen days. Comments & Case-law

[The provisions of section 27 have been ingrafted for the protection of the interest of

the employer and there is no law which debars the employer from waiving his rights conferred

by the provisions of section 27. Tisco Ltd. v. Presiding Officer, 1989 PLJR 650 : 1989 (2) BLJR

276.]

28. Claims arising out of deductions from wages or delay in payment of wages

and penalty for malicious or vexatious claims.—(1) Where contrary to the provisions of

this Act any deduction has been made from the wages of an employee, or any payment of

wages has been delayed, or any sum is otherwise due from the employer to the employee,

such employee, or any legal practitioner or any authorised agent or any officer of a registered

trade union or any Inspecting Officer may make an application in such manner, within such time, and to such authority as may be prescribed for a direction under sub-section (2).

1. (2) When an application under sub-section (1) is entertained, the prescribed authority shall hear the application in the prescribed manner and may, without prejudice to any other penalty to which an employer is liable under this Act, direct the refund of the amount

and not exceeding ten rupees in other case.

(a)A bona fide error or bona fide dispute as to the amount payable to the employed person, or

(b)The occurrence of an emergency, or the existence of exceptional

circumstances, such that the person responsible for the payment of the wages

was unable though exercising reasonable diligence to make prompt payment, or

(c)The failure of the employed person to apply for or accept payment.

1. (3) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, the authority may direct that a penalty not exceeding twenty-

five rupees be paid to the employer or other person responsible for the payment of wages by

the person presenting the application.

1. (4) Any amount directed to be paid under this section shall be recovered in the prescribed manner.
2. (5) A single application may be presented under this section on behalf or in respect

of any number of employed persons belonging to the same unpaid group, and in such case

the maximum compensation that may be awarded under sub-section (2) shall be ten rupees per head. Explanation.—Employed persons are said to belong to the same unpaid group if

they are borne on the same establishment and if their wages for the same wage period or

periods have remained unpaid after the day fixed by section 23.

1. (6) The, authority may deal with any numbers of separate pending applications,

shall apply accordingly.

1. (7) An appeal against an order dismissing either wholly or in part an application made under sub-section (1) or against a direction made under sub-section (2) or sub-section
2. (3) may be preferred in such manner, within such time and to such authority as may be prescribed and such authority shall consider and dispose of such appeals in the prescribed manner.
3. (8) Save as provided in sub-section (7), any order dismissing either wholly or in part of an application made under sub-section (2) or sub-section (3) shall be final.
4. (9) Every authority appointed under this section shall have all the powers of a Civil

Comments & Case-law

PLJR 186: 1983 BBCJ 89.

and he would further be entitled to leave salary for not availing leave. ibid.

Some claims clearly come within the definition of “wages” and the court is fully

competent to grant the same under this section. ibid. The words “ten times the amount deducted in the first case” will also mean ten

times of the amount, the payment of which has been delayed. ibid.

Sec. 28 |Bihar Shops & Establishments Act, 1953| 35 1.Now Cr.P.C., 1973.

Reading sub-section (7) and rule 24 it is manifest that an appeal lies before the appellate authority only when a direction has been made under sub-section (2) or (3). In absence of direction the appeal is incompetent. United Province Commercial Corpn. v. K.N. Mishra, 1962 BLJR 111 : 1962 (2) LLJ 338. The appellate authority u/s 28 (2) is a Court and the High Court has the power of judicial revision or superintendence over it. Imperial Tobacco Co. v. Asstt. Labour Commissioner, AIR 1967 Pat. 153 : 1966 BLJ 632. An application filed before the Labour Court for which no Presiding Officer has been appointed cannot be considered as proper application before the prescribed authority.

Further, the Presiding Officer, who has been appointed after the filing of the application

cannot entertain it. East India Pharmaceuticals Work Ltd., v. G S. Verma, 1973. BRLJ 150 : 1973 Lab. IC 150.

The condonation of delay in filing an appeal under section 28 (1) is the discretion of

the appellate authority. The discretion cannot be interfered with by the High Court. Imperial Tobacco Co. v. Asstt. Labour Commissioner, AIR 1967 Pat. 158 : 1966 BLJR 632.

non-appearance of appellant. It should be disposed of on merits. Baidyanath Pd. Sah v. Presiding Officer, 1985 PLJR 321.

not read something which is not specifically provided therein by introducing new procedure.

it may be accepted as a whole or not at all. Governing Body v. Padmanabha Padhy, 1988 (2) SLJ 180.

Section 28 provides for the right of an employee to prefer an application in the event

the employer makes any reduction in the wages being paid to the employee or withholds the

wages payable or part thereof contrary to the provisions of this Act. Such an application,

however, is to be filed within such time and before such authority as may be prescribed

therefor in terms of sub-section (2) of section 28. Ranchi District Cadre Co-operative Society

Ltd. v. Presiding Officer, 1988 PLJR 59 : 1988 BLJ 91.

becomes a nullity. No appeal or revision lies from an order which is a nullity. The defect

caused by denial of opportunity of hearing cannot, therefore, be cured by the appellate or

revisional authority providing the opportunity of hearing which was denied earlier. Ghanshyam Pandit v. Commissioner, 1988 PLJR 140. Tribunal should exercise its jurisdiction in matters of condonation of delay in preferring revision application before the Tribunal liberally. The High Court will not exercise its writ jurisdiction to interfere with exercise of discretion in matters of condonation of 36|Bihar Shops & Establishments Act, 1953| Sec. 28

delay by the Tribunal unless there is a jurisdictional error in passing the impugned order.

Ashok Automobiles (Ranchi) Private Ltd. v. State of Bihar, 1989 PLJR (NOC) 71.

— Section 28—Employer taking the plea that suit is not maintainable when the

employer is stopped from taking legal plea that his establishment is not covered by the Act

and therefore, the employee is not entitled to any relief under the Act—the employee cannot

be unsuited in a civil proceeding and when he files a proceeding under the Act, he should face another preliminary objection that the establishment is not covered under the enactment, notwithstanding, the objection of the appellant—in generality, the appellants rendered

services in a commercial establishment within the meaning of the Act—whether it comes

under the expression “establishment” or a “shop”, legal ingenuity can not defeat the claim

reality against the company and it is the company and its top officials who have a greater liability to pay the money than the petitioner who was the junior-most officer in the company—it would be appropriate for the certificate officer to proceed against the company

was unsupportable and unacceptable—further, a clear verdict negating the claim based on reasons given in the impugned order of the Single Bench—not a fit case to exercise the

power under clause 10 of the Letters Patent. M/s Rana Bahadur Singh v. State of Bihar, 2006

1. (4) PLJR 628] 28A. Appearance by legal practitioner.—A legal practitioner may, in any

proceeding under this Act, appear, plead or act on behalf of any party on such conditions as

may be prescribed. Comments & Case-law [The power to prescribe conditions under which a legal practitioner may practice may not ordinarily include the power to completely prohibit him from practising in respect

Shiwaji Singh v. Presiding Officer, 1966 BLJR 418: 1966 (2) LW 128. A lawyer’s service can be obtained by an employee who is uneducated and illiterate. M/s Kavitha Movie House v. L.M. Mary, 1979 (1) LLJ 10.

An officer of a registered trade union can appear, even if he is a practising lawyer.

M.N.Verma v. Basu Shakur, 1960 BLJR 784.] 28B. Power of the State Government to make rules for regulation of business

Secs. 28-28A |Bihar Shops & Establishments Act, 1953| 37

38|Bihar Shops & Establishments Act, 1953| Sec. 28B-30 CHAPTER VI Inspection and Penalties. 29. Appointment of Inspecting Officer.— (1) The State Government may, by notification in the Official Gazette, appoint such persons on such class of persons as it

thinks fit to be Inspecting Officers for the purposes of this Act within such local limits as it

may assign to them respectively.

1. (2) The State Government may, by notification in the Official Gazette, appoint any

throughout the State.

1. (3) Every District Magistrate, the Additional District Magistrate of Saharsa, the

Additional Deputy Commissioners of Dhanhad and Singhbhum and every Subdivisional

Magistrate shall be an ex-officio Inspecting Officer within the limits of his respective jurisdiction.

1. (4) The State Government may also, by notification as aforesaid, appoint such public

officers as it thinks fit to be additional. Inspecting Officers for all or any of the purposes of

this Act, within such local limits as it may assign to them respectively.

1. (5) In any area where there are more Inspecting Officers than one, the State Government may, by notification as aforesaid, declare the powers which such Inspecting Officers shall respectively exercise and the Inspecting Officer to whom the prescribed notices are to he sent. Comments & Case-law

of this Act.] 30. Powers and jurisdiction of an Inspecting Officer.—(1) Subject to any rules made by the State Government in this behalf, an Inspecting Officer may within the limits of his jurisdiction — (a)enter, during such hours as may be prescribed and with such assistance, if any, as may be necessary, any premises which is, or which he has reasons to believe is, an establishment; (b)(b) inspect, or take extracts from any prescribed registers, records and notices maintained under this Act or the rules made thereunder or seize such records,

registers or notices as he may consider relevant in respect of an offence under

this Act which he has reason to believe to have been committed by an employer;] (c)take on the spot or otherwise the statement of any person which he may

consider necessary for carrying out the purposes of this Act :

Provided that no person shall be compelled to answer any question or give any evidence tending to incriminate himself; and (d)exercise such other power as may be prescribed for carrying out the purposes of this Act.

1. (2) The Inspecting Officer shall for the purposes of any inquiry under this Act have same power regarding the summoning and attendance of witnesses and compelling the

¹ Subs. by Act 2 of 1975.

or who fails without sufficient cause to comply with any lawful direction made by an Inspecting Officer shall be punishable with imprisonment which may extend to six months or with fine which may extend to two hundred and fifty rupees, or with both. Comments & Case-law

inspection by authorities under the Act, amounts only to non-co-operation and does not

produce documents but documents not produced despite several adjournments at request of personnel manager—intimation for production of document also given to Chairman and Managing Director—inspecting officer has power to issue direction for production of documents and violation of direction itself is an offence under Section 32 of Act. Ramanand

Singh vs. State of Bihar, 1997(1) PLJR 379.

—Sections 32 and 34—a company manufacturing medicine, registered under the Factories Act, 1948, is not covered by this Act—therefore, no cognizance can he taken for

offence under sections 32 and 34, where the employer disputes the authority of inspecting

officer under shops Act—no prosecution can be launched against such an employer under

in such manner as may he prescribed.

1. (2) Every employer shall on demand produce for inspection of Inspecting Officer all

registers, records and notices required to be kept under and for the purposes of this Act.

Comments & Case-law

(similar in nature) under Minimum Wages Act does not call for prosecution. Maya Chandra vs. Inspector, Minimum Wages Office, 1919 Lab. IC 152.]

34. Penalties.—Any employer who contravenes any provisions of this Act or any

rule or order made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which may extend to two hundred and fifty rupees for the first offence and to five hundred rupees for every subsequent offence after the first conviction. Comments & Case-law

[A person cannot he convicted under this section if the nature of work was such

Secs. 31-34 |Bihar Shops & Establishments Act, 1953| 39

40|Bihar Shops & Establishments Act, 1953| Secs. 34-35 which possibly could not he operated from one permanent location. Radha Kant Singh Roy

Act even though the factory and its clerical department are located in the same premises and the factory is registered under the Factories Act. The violation attracts penal provision.

permanent status is an unfair labour practice calling for prosecution. Prem Chand vs. State of H.P., 1988 (2) SLJ 17.

35. Penalty whether the employer is a firm or company.—If the person

contravening any provision of this Act or a rule or order made thereunder is a company or

a partnership firm every director, partner, manager or secretary thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due

diligence to prevent such contravention, be deemed to be guilty of such contravention.

Comments & Case-law [No vicarious liability can be fastened upon any employer including the manager,

Director, Chairman or General Manager of a company or Partner of a firm is vicariously liable for the offence committed by the company or firm unless he or they establish

should not be allowed to be obscured by pettifogging technicality. ibid. See also Badri Prasad

Gupta vs. State of Bihar, 1986 PLJR 246 (FB) : 1986 BRLJ 63 : AIR 1986 Pat. 186.

—Section 35—every Director, Partner, Manager or Secretary of a company or

partnership firm shall be liable for prosecution for contravening any provisions of Act or

rule unless they prove that they exercised due diligence to prevent such contravention—

their knowledge or they exercised due diligence to prevent the same. Ramanand Singh vs.

State of Bihar, 1997 (I) PLJR 379.

Section 35 does not require that the company or partnership firm must be arraigned

company or partnership firm as such then by a fiction or law every Director, Partner and

Persons made vicariously liable by section 35 can be arraigned as accused even if

they are not in charge of affairs of the company or firm, but materials indicating that the

accused persons actually held the posts on the date of occurrence, has to be brought on

records by the prosecution. ibid.]

1[36. Cognizance of offences.—(1) No court shall take cognizance of any offence

punishable under this Act or any rule or order made thereunder except on a complaint in writing of the facts constituting such offence made by Inspecting Officer or any person

authorised in this behalf by the State Government within six months of the date on which

the offence is alleged to have been committed: Provided that the court may by reasons to be recorded in writing take cognizance of

sufficient cause from filling the complaint within the said period.

1. (2) No court inferior to that of a Magistrate of the first class shall take cognizance or try an offence punishable under the Act.] Comments & Case-law

[Non-registration and non-maintenance of registers are continuing offences. State of

Bihar v. J.P. Singh, 1964 BRLJ 1 : 1963 BLJR 782.

The complaint must be filed within six months of the commission of the offence if

the offence is under sections 12, 37 and 33 (2). But where the offence falls under sections 16,

CHAPTER VII Miscellaneous.

37. Protection of persons acting under this Act.— No suit, prosecution or other

legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

2[37A. Presumption.—Whenever an establishment is found open it shall be

presumed that it is open for the service of customers or for the business, trade or profession

normally carried on the establishment.] 38. Power of Government to suspend provision of this Act during public holidays.—The State Government may by notification, suspend in any area, in respect of

1[39. Workmen’s Compensation Act, 1923 to apply to an employer and an

Comments & Case-law [Compensation for death due to scorpion bit while the workman was on duty is payable. Divisional Railway Manager v. Smt. Shamsadi, 1988 (1) SLJ 32.]

¹ Subs. by Act 2 of 1975.

² Ins. by ibid.

(53 of 1961), and of rules made thereunder shall mutatis mutandis, apply to every Secs. 36-39A |Bihar Shops & Establishments Act, 1953| 41

42|Bihar Shops & Establishments Act, 1953| Sec. 40

1. (2) In particular and without prejudice to the generality of the forgoing power, such

rules may provide for all or any of the following matters, namely —

(b)the registers to be maintained in an establishment under section (2) of section 17 or sub-section (2) of section 21;

(c)the misconduct of an employee for which his services may be dispensed with

without a notice under sub-section (1) of section 26; and the authority to which and time within which appeals under sub-section (2) of that section may be filed; (d)the authority before whom, the time within which and the manner in which

the employee or any legal practitioner or authorised agent or an officer of a

registered trade union or an Inspecting Officer shall make an application under sub-section (1) of section 28; (e)the manner in which applications shall be heard by the prescribed authority under sub-section (2) of section 28;

(f)the manner in which any amount referred to in sub-section (4) of section 28

or any compensation awarded under sub-section (7) of section 16 or sub-

section (5) of section 26 shall be recovered;

(g)the authority before whom and the time within which an appeal shall be

preferred under sub-section (7) of section 28 and the manner in which such

appeal shall be considered and disposed of;

(h)the powers of the Chief Inspecting Officers under sub-section (2) of section

29;

(i)the powers of the Inspecting Officers and the registers, records or notices that

need to be examined by them under section 30;

(j)the maintenance of records and registers and display of notices under section

33; (k)the period during which and the conditions subject to which all or any of the provisions of the Act may be suspended by the State Government under section 38;

(l)the health, safety and welfare of employees;

(m)the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before the prescribed authority; and any other matter which is required to be or may be prescribed.

1. (3) The rules may provide that any contravention thereof shall be punishable with fine which may extend to fifty rupees.
2. (4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
3. (5) Every rule made under this section shall he laid, as soon as may be after it is

¹ Subs. by Act 2 of 1975.

made, before each House of the State Legislature while it is in session for a total period of

fourteen days which may be comprised in one session or in two successive sessions and if,

before the expiry of the session in which it is so laid or in the session immediately following

both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or

Provided that anything done under the said enactment which could have been done

under this Act if it had then been in force shall be deemed to have been done under this Act.

¹ Subs. by S.O. 1460, dated 18.12.1980.

Establishments, EmployeesProvisions of the Act No.or other persons 1.Establishment in which only membersAll provisions except sections 6, 7, of employer’s family are employed.8 & 12(i) and and Chapters VI & VII. 1[2.Establishments for the treatment orAll provisions. the care of the infirm, sick, destitute or the mentally unfit, which are not run for the profits for charitable, philanthropic, religious or educational object. 2[3.Offices of or under the Central orAll provisions. State Government or of a Municipal Committee or District board or any other Authority entitled to the control or management of a municipal or local fund. 4.Any Railway service, Postal TelegraphAll provisions. or Telephone service, any system of public conservancy or sanitation, and any such establishment as the State Government may by notification exempt. 5.Person occupying positions of managerialor supervisory character in an establishment employing more than five persons, provided that not more than ten per ccntum of the total number Schedule I |Bihar Shops & Establishments Act, 1953| 43 2.Subs by S.O. 12, dated 14.1.1980. of employees in an establishment shallAll provisions. be so exempted: 1[ * * * * ] Provided that where ten per centum of the total number of employees in an establishment comes to a fraction less than one, such fraction shall be rounded off to one. 6.Fairs and hats ....All provisions. 1[7.Establishments dealing wholly inSections 7, 8 and 12(1) newspapers and periodicals, medicines, medical and surgical appliances, vegetables, flowers, pan (betel) leaves and not biri, cigarettes and other ancillary articles, meat, poultry, game, eggs, ice and fresh fruits.] 2[8.Cinemas, theatres and other placesSections 7, 8 and 12

1. (1) and of public amusement or entertainment.]in case of a young person or women, also section 14.

19.Establishments of goshalas as definedSections 7 and 8. in section 2 (d) of the Bihar Goshala Act, 1950.

20.Establishments of all vessels which plyDitto.

in inland water and which are registered under Chapter IIA of the Indian Steam Vessels Act, 1917. 21.Employees whose work is inherentlySections 9, 10, 11, 12(1) intermittent, such as travellers, care takers, and 21(1). guards and watchmen. 22.Persons directly engaged in preparatorySections 9, 10, 11, 12(2) or complementary work such as and 21(1). cleaning or forwarding clerk responsible

for despatch of goods.

23.Libraries at which the business ofAll provisions. lending books or periodicals is not carried

on for purpose of gains other than

that of making profits for charitable philanthropic, religious or educational object.

2[25.Banks situated in the State of Bihar.Sections 33(1) and 12(A).

3[26.Reserve Bank of India.All provisions.

4[27.Heavy Engineering Corporation, Ranchi.All provisions except Sections 6, 26, Chapter VI and section 37.

5[28.Establishments of M/s MetallurgicalAll provisions except Section 6 and Engineering Consultants (India)and Chapter III, IV and VII. Ltd., Ranchi located at Ranchi and Bokaro Steel City.

6[29.All establishments of SulabhAll provisions. International, Patna situated in the State of Bihar.

¹ Subs. by Act 2 of 1975.

2.Added by Notification No. 2/36-1039/68 L&E 1727 (2) dated 26.10.1968. 3.Added by Notification No. II/S6-1014/69 L&E 1458 (2) dated 18-11-1969. 4.Added by Notification No. II/S6-2021/75 L&E 716 (2) dated 3.4.1975. 5.Added by S.O. 1075 dated 15-11-1979. 6.Added by S.O. 7 dated 4.1.1982 (Earlier entry regarding ‘Radiological and Pathological and Clinics’ added by S.O. 1575 dated 15.11.1979 deleted by S.O. 1820 dated 3.12.1981). 7.Added by S.O. 1682 dated 10.12.1979 and subs. by S.O. 627 dated 6.7.1985.

46 |Bihar Shops & Establishments Act, 1953| Notifications

1[31.Establishments of the Research andAll provisions except Section 6,

Development Centre for Iron andChapters III, V, VI and VII. Steel, Doranda, Ranchi.

2[32.Establishments of the Indian AirlinesAll provisions except Sections 6,

Corporation situated in the State of Bihar.26, 28 and Chapters II I.VI, VII

and VIII of Act.

3[33.All Branches of the ScheduledAll provisions. Commercial Bank, including Public Sector Banks and Regional Rural Banks

situated in the State of Bihar.

4[34.Such Private Clinics, Pathological orAll provisions. Radiological Laboratories or X-ray Clinics

of Doctors which are not run on

commercial basis and in which only

members of the employer’s family are

employed or in which only such Government servants are employed who

have been allowed to practice during off hours.

5[35.All establishments of the Bihar StateAll provisions. Forest Development Corporation Ltd.

situated in the State of Bihar.

NOTIFICATIONS

S.O. 147 dated the 3rd February, 1971.—In exercise of the powers conferred by

sub-section (1) of section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act

VIII of 1954), the Governor of Bihar is pleased to appoint the Superintendent of Labour

(Agriculture Labour), Bettiah, with headquarters at Bettiah to be the Inspecting Officer for

the purposes of the said Act for the district of West Champaran and to direct that the said

Inspecting Officer shall in addition to his own duties, also exercise his functions under this

⁵ Subs. by S.O. 946 dated 8.8.1986.

1.Added by S.O. 136 dated 4.2.1980. 2.Added by S.O. 1/134 dated 27.12.1980. 3.Added by S.O. 1751 dated 20.11.1984 subs. by S.O. 800 dated 22.8.1985 and again subs. by S.O. 419 dated 25.3.1986 4.Added by S.O. 134 dated 16.1.1984. 6.Added by S.O. 1018 dated 2.9.1986. 7.‘Serial No. 37’ added by No. 2644 L & E dated 6.9.2003.

Governor of Bihar is pleased to declare following occasions as festivals for which every

employee shall be allowed holiday with full pay for five days in a year –

z

of Bihar is pleased to order that the operation of the provision of Sections 7, 8, second

the Bihar Shops and Establishments Rules, 1955.

SLName of thePeriod of suspension of SectionsAreas to which

No.Festival7, 8, second proviso to Section 9suspension is and Section 12(1) of the Bihar Shopsapplicable and Establishments Act, 1953.

1.HoliThursday, 5th March, 1987 toWhole of Bihar.

Wednesday, 18th March, 1987. 2.Id-ul-fitrThursday, 21st May, 1987 toDitto. Friday, 29th May, 1987. Notifications |Bihar Shops & Establishments Act, 1953| 47

3.Id-uz-ZohaThursday, 30 July, 1987 toWhole of Bihar.

Friday, 7th August, 1987. 4.Durga PujaSunday, 20th September, 1987 toDitto. and Laxmi PujaTuesday, 6th October, 1987. 5.Deepawali andTuesday, 13th October, 1987 toDitto. ChhatWednesday, 28th October, 1987. 6.ChristmasThursday, 17th December, 1987 toDitto. Friday, 25th December, 1987. 7.New Year’s dayWednesday, 30th December, 1987Ditto. to Friday, 1st January, 1988.

S.O. 775 dated the 21st April, 1976.—In exercise of the powers conferred by sub-

section (1) of section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII

column 3 thereof:

SLDesignationHeadquartersLocal Limits of No.Jurisdiction 1.Superintendent of Labour,PatnaPatna District 2.Superintendent of Labour,PatnaWhole of Bihar State. Office of the Chief Inspecting Officer, Bihar.

3.Superintendent of Labour,BiharshariffNalanda and

Nalanda.Nawadah districts.

4.Suprintendent of Labour,GayaGaya and

Gaya.Aurangabad districts.

5.Superintendent of Labour,ArrahBhojpur district.

Bhojpur, Arrah.

6.Superintendent of Labour,DalmianagarRohtas district.

Rohtas, Dalmianagar.

7.Superintendent of Labour,MuzaffarpurMuzaffarpur and

Muzaffarpur.Vaishali Districts.

8.Superintendent of Labour,SitamarhiSitamarhi district.

Sitamarhi.

9.Superintendent of Labour,ChapraSaran district.

Saran.

10.Superintendent of Labour,Siwan.Siwan district.

Siwan. 48 |Bihar Shops & Establishments Act, 1953| Notifications

Notifications |Bihar Shops & Establishments Act, 1953| 49 11.Superintendent of Labour,BettiahWest Champaran West Champaran.district.

12.Superintendent of Labour,MotihariEast Champaran

East Champaran.district.

13.Superintendent of Labour,DarhhangaDarhhanga and

Darbhanga.Madhuhani districts.

14.Superintendent of Labour,SamastipurSamastipur district.

Samastipur.

15.Superintendent of Labour,BhagalpurBhagalpur district.

Bhagalpur.

16.Superintendent of Labour,SaharsaSaharsa district.

Saharsa.

17.Superintendent of Labour,MonghyrMonghyr district.

Monghyr.

18.Superintendent of Labour,BegusaraiBegusarai district and

Begusarai.Khagaria subdivision of Monghyr district.

19.Superintendent of Labour,PurneaPurnea district.

Purnea.

20.Superintendent of Labour,KatiharKatihar district.

Katihar.

21.Superintendent of Labour,DeogharDeoghar subdivision

Deoghar.and Jamtara subdivision of the Santhal Parganas District.

22.Superintendent of Labour,DumkaDumka subdivision

Dumka.and Godda subdivision of Santhal Parganas district.

23.Superintendent of Labour,SahebganjSahebganj subdivision

Sahebganj.and Pakur subdivision of Santhal Parganas district.

24.Superintendent of Labour,RanchiRanchi district.

Ranchi.

25.Superintendent of Labour,HazaribaghHazaribagh district.

Hazaribagh.

26.Superintendent of Labour,GiridihGiridih district.

Giridih district.

27.Superintendent of Labour,Bokaro SteelBokaro Steel City,

Bokaro Steel City.City.Project area of Dhanbad district and Chas Bazar Area.

28.Superintendent of Labour,DhanbadDhanbad district

Dhanhad.(except Bokaro Steel Project & Chas Bazar Area.

29.Superintendent of Labour,DaltanganjPalamau district.

Palamau.

Singhbhum district.

31.Superintendent of Labour,JamshedpurDalbhum & Saraikella,

Jamshedpur.Kharasawan Sub- Division of Singhbhum District. z S.O. 752, dated 9th May, 1977. —In excercise of the powers conferred by sub- section (1) of section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII

said Act within the local limits of the areas mentioned against each in column 4 of the said schedule with headquarters as shown in column 3 thereof.

SLDesignationHeadquartersLocal Limits of No.Jurisdiction 1.Superintendent of Labour,BiharsharifNalanda District. Nalanda.

2.Superintendent of Labour,NawadaNawada District.

Nawada.

3.Superintendent of Labour,GayaGaya District.

Gaya.

4.Superintendent of Labour,AurangabadAurangabad District.

Aurangabad.

5.Superintendent of Labour,DarbhangaDarbhanga District.

Darbhanga.

6.Superintendent of Labour,MadhubaniMadhubani District.

Madhubani. 50 |Bihar Shops & Establishments Act, 1953| Notifications

Notifications |Bihar Shops & Establishments Act, 1953| 51 7.Superintendent of Labour,MuzaffarpurMuzaffarpur District. Muzaffarpur.

8.Superintendent of Labour,HajipurVaishali District.

Vaishali. z

S.O. 1493 dated the 2nd December, 1977.—In exercise of the powers conferred by

sub-section (5) of Section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act

Inspecting Officer within such areas of the local limits as defined in column 4 of the said

Schedule of whom the prescribed notices are to be sent accordingly.

SLName and Designation ofHeadquartersArea of No.the OfficersLocal Limit

Municipality and Sahebganj Market.

Municipality and Motipur Market.

Municipality. z

S.O. 333 dated the 5th March, 1979.—In exercise of the powers conferred by sub-

section (4) of section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII

to appoint the Officer mentioned in column 2 of the Schedule hereto annexed to the

52 |Bihar Shops & Establishments Act, 1953| Notifications

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction

1.Superintendent of Labour,HazaribaghSadar sub-division of

Hazaribagh.Hazaribagh district.

2.Superintendent of Labour,KodermaChatra and Kodarma

Koderma.sub-divisions of Hazaribagh district. z S.O. 526 dated 21st March, 1979.—In exercise of the powers conferred by sub- section (1) of Section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII

within the local limits of the areas mentioned in column 4 of the said Schedule with headquarters as shown in column 3 thereof.

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction 1.Shri Shailesh Kumar JhaOffice of theMonghyr District Superintendent of LabourSuperintendent of (under training), MonghyrLabour, Monghyr.

2.Shri Mokhtar Ahmed,Office of the DeputyBhagalpur District

Superintendent of LabourCommissioner of (under training), BhagalpurLabour, Bhagalpur.

3.Shri Anjani Kumar,Office of the DeputySinghbhum District

Superintendent of LabourCommissioner of (under training), JamshedpurLabour, Jamshedpur. 4.Shri Mantra Narain Thakur,Office of the AssistantMuzaffarpur District Superintendent of LabourCommissioner of (under training), MuzaffarpurLabour, Muzaffarpur. 5.Shri Rajesh Kumar,Office of the AssistantKatihar District Superintendent of LabourCommissioner of (under training), Katihar.Labour, Katihar. 6.Shri Hamilton Singh,Office of the AssistantDhanbad District Superintendent of LabourCommissioner of (under training), Dhanbad.Labour, Dhanbad. 7.Shri Amar Kant SinghOffice of the AssistantRanchi District Superintendent of LabourCommissioner of (under training), Ranchi.Labour, Ranchi.

z S.O. 541 dated 24th March, 1979.—In exercise of the powers conferred by sub- section (4) of Section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII,

in column 4 of the Schedule with headquarters as shown in column 3 of the Schedule

against the designation of Officers.

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction 1.Superintendent of Labour,MonghyrWhole Monghyr Monghyr.district (excluding Jamui and Khagaria sub-divisions.

2.Superintendent of Labour,JamuiJamui sub-division.

Jamui. z 20th March, 1980 S.O. 326 dated 26th March, 1980.—In exercise of the powers conferred by sub- section (2) of Section 7 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of

1954), the Governor of Bihar is pleased to alter the opening and closing hours prescribed

under section 7(1) of the said Act for Shops and Establishments situated throughout the State of Bihar and to prescribe 8 A.M. and 8 P.M. as their opening and closing hours

respectively until further orders, from the date of this notification.

z S.O. 26 dated 12th January, 1982.—In exercise of the powers conferred by sub- section (1) of section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction

1.Superintendent of Labour,PurneaWhole of the Kishanganj

Kishanganj.and Araria sub-divisions. Notifications |Bihar Shops & Establishments Act, 1953| 53

2.Superintendent of Labour,PurneaWhole of Purnea District

Purnea.(except Kishanganj) and Araria sub-divisions.

3.Superintendent of Labour,Patna.Whole of Patna District

Patna.(except Barh subdivision) 4.Superintendent of Labour,BarhWhole of Barh subdivision. Barh. z S.O. 456 dated 20th March, 1982.—In exercise of the powers conferred by sub- section (3) of Section 1 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of

Muzaffarpur Municipal Corporation which fall beyond area of the Muzaffarpur Municipality. z

S.O. 856 dated 25th May, 1982.—In exercise of the powers conferred by sub-section

1. (2) of Section 29 of the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of 1954), and in supersession of all previous notifications on the subject, the Governor of

z

S.O. 372 dated 7th April, 1983.—In exercise of the powers conferred by sub-section

1. (2) of Section 7 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of 1954),

and closing hours prescribed under section 7 (1) of the said Act for Shops and Establishments

z The 7th August 1986

of the applications under sub-section (1) of Section 28 of the Bihar Shops and Establishments

z

S.O. 515 dated 25th May, 1988.—In exercise of the powers conferred by sub-section

1. (1) of Section 29 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of 1954) 54 |Bihar Shops & Establishments Act, 1953| Notifications

2 of the Schedule hereto annexed to be the Inspecting Officers who shall exercise their

functions within the local limits of their respective jurisdictions as mentioned in column 4

of the schedule with headquarters as shown in column 3 of the schedule against the designations of Officers:

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction 1.Labour Superintendent,Bokaro ThermalBermo subdivision of Bermo.Giridih district. 2.Labour Superintendent,GiridihSadar subdivision of Giridih.Giridih district. z The 12th July, 1988

S.O. 941, dated the 26th September, 1988.—In exercise of the powers conferred by

sub-section (4) of Section 29 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of 1954), and in partial modification of Labour and Employment Department’s

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction 1.Additional CommissionerRanchiSouth Chhotanagpur,

of Labour, Ranchi.Chhotanagpur and

Santhal Praganas Division. z

S.O. 943, dated 24th July, 1989.—In exercise of the powers conferred by sub-section

1. (1) of Section 29 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII of 1954) the Governor of Bihar is pleased to appoint the Officers mentioned in column 2 of the

Notifications |Bihar Shops & Establishments Act, 1953| 55

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction

1.Superintendent of Labour,DumkaWhole of the Dumka

Dumka.and Godda districts.

2.Superintendent of Labour,DeogharWhole of the Deoghar

Deoghar.district.

3.Superintendent of Labour,SahebganjWhole of the

Sahebganj.Sahebganj district. z S.O. 1014/92 L&E-520 Patna, dated the 7th November, 1992.—The Governor of

Bihar in exercise of the powers conferred by Section 40 of the Bihar Shops and Establishments

Act, 1953 ( Bihar Act VIII of 1954) intends to make amendment in the Bihar Shops and

Establishments Rules, 1955, the draft of which was published as required under Sub-section

1. (4) of the said section for the general information and persons likely to be affected thereby and notice is hereby given that any objection or suggestion may be submitted to the

considered by the State Government.

following Table shall be substituted, namely :— Table

S.N. Name of the DistrictRegistration Marks

1.Patna--P.T. 2.Bhojpur--B.J. 3.Buxar--B.X. 4.Nalanda--N.L. 5.Rohtas--R.H. 6.Bhabhua--B.V. 7.Gaya--G.Y. 8.Aurangabad--A.B. 9.Nawada--N.W. 10.Jehanabad--J.B. 11.Muzaffarpur--M.Z. 12.Vaishali--V.S. 13.Sitamarhi--S.M. 14.East Champaran--E.C. 15.West Champaran--WC. 16.Saran--S.R. 56 |Bihar Shops & Establishments Act, 1953| Notifications

17.Gopalganj--G.J. 18.Siwan--S.W. 19.Darbhanga--D.B. 20.Madhubani--M.B. 21.Samastipur--S.T. 22.Begusarai--B.G. 23.Saharsa--S.H. 24.Madhepura--M.P. 25.Supaul--S.L. 26.Purnea--P.H. 27.Katihar--K.R. 28.Araria--A.R. 29.Kishanganj--K.N. 30.Bhagalpur--B.H. 31.Banka--B.K. 32.Munger--M.G. 33.Jamui--J.M. 34.Khagaria--K.G. 35.Dumka--D.K. 36.Deoghar--D.G. 37.Godda--G.A. 38.Sahebganj--S.J. 39.Hazaribagh--H.Z. 40.Giridih--G.D. 41.Dhanbad--D.N. 42.Bokaro--B.O. 43.Chatra--C.H. 44.Ranchi--R.N. 45.Lohardagga--L.D. 46.Gumla--G.L. 47.East Singhbhum--E.S. 48.West Singhbhum--W.S. 49.Daltonganj--D.T. 50.Garwa--G.W. z 19 ̈É<Ç, 1994 BºÉ.+Éä. 167, ÊnùxÉÉÆEò 10 VÉÚxÉ, 1994 – ʤɽþÉ®ú nÖùEòÉxÉ B ́ÉÆ |ÉÊiɹ`öÉxÉ +ÊvÉÊxÉªÉ ̈É, 1953 (ʤɽþÉ®ú BC]õ 8, 1954) EòÒ vÉÉ®úÉ 38 uùÉ®úÉ |ÉnùkÉ ¶ÉÊHòªÉÉå EòÉ |ɪÉÉäMÉ Eò®úiÉä ½ÖþB ʤɽþÉ®ú-®úÉVªÉ{ÉÉ±É +Énäù¶É näùiÉä ½éþ ÊEò ʤɽþÉ®ú nÖùEòÉxÉ B ́ÉÆ

+xÉÖºÉÚSÉÒ Eäò ºiÉ ̈¦É

Notifications |Bihar Shops & Establishments Act, 1953| 57

58 |Bihar Shops & Establishments Act, 1953| Notifications +xÉÖºÉÚSÉÒ

Gò ̈ÉÉÆEò iªÉÉä½þÉ®úÉå EòÉ xÉÉ ̈ÉʤɽþÉ®ú nÖùEòÉxÉ B ́ÉÆ |ÉÊiɹ`öÉxɺlÉÉxÉÒªÉ ºÉÒ ̈ÉÉ ̈Éå VɽþÉÄ

+ÊvÉÊxÉªÉ ̈É, 1953 EòÒ vÉÉ®úÉ 7, 8, 9ÊxÉ±É ̈¤ÉxÉ +Énäù¶É ±ÉÉMÉÚ ½þÉäMÉÉ Eäò ÊuùiÉÒªÉ {É®úxiÉÖEò B ́ÉÆ 12 (1) Eäò |ÉÉ ́ÉvÉÉxÉÉå Eäò ÊxÉ±É ̈¤ÉxÉ EòÒ + ́ÉÊvÉ. 1.ºÉ®ú½Öþ±É7.4.1994 ¤ÉÞ½þº{ÉÊiÉ ́ÉÉ®ú ºÉäºÉ ̈{ÉÚhÉÇ =kÉ®ú B ́ÉÆ nùÊIÉhÉÒ UôÉä]õÉxÉÉMÉ{ÉÖ®ú 14.4.1994 ¤ÉÞ½þº{ÉÊiÉ ́ÉÉ®ú iÉEòiÉlÉÉ ºÉÆlÉÉ±É {É®úMÉxÉÉ |É ̈ÉÆb÷±É. 2.®úÉ ̈ÉxÉ ́É ̈ÉÒ10.4.1994 ®úÊ ́É ́ÉÉ®ú ºÉäºÉÒiÉÉ ̈ÉgøÒ ÊVɱÉÉ iÉlÉÉ ºÉɽäþ¤ÉMÉÆVÉ 20.4.1994 ¤ÉÖvÉ ́ÉÉ®ú iÉEòÊVɱÉÉ ¤Éc÷½þ®ú ́ÉÉÄ IÉäjÉ.

3. ̧ÉÉ ́ÉhÉ {ÉÚÌhÉ ̈ÉÉ19.7.1994 ̈ÉÆMÉ±É ́ÉÉ®ú ºÉäºÉ ̈{ÉÚhÉÇ näù ́ÉPÉ®ú ÊVɱÉÉ B ́ÉÆ ¦ÉÉMɱÉ{ÉÖ®ú

22.8.1994 ºÉÉä ̈É ́ÉÉ®ú iÉEòÊVɱÉÉ EòÉ ºÉÖ±ÉiÉÉxÉMÉÆVÉ IÉäjÉ.

2.12.1994 ¶ÉÖGò ́ÉÉ®ú iÉEòEäò ºÉÉäxÉ{ÉÖ®ú IÉäjÉ. 6.Ê ́É ́Éɽþ {ÉÆSÉ ̈ÉÒ1.12.1994 ¤ÉÞ½þº{ÉÊiÉ ́ÉÉ®ú ºÉäbÚ÷ ̈É®úÉ +ÊvɺÉÚÊSÉiÉ IÉäjÉ ºÉÊ ̈ÉÊiÉ. 15.12.1994 ¤ÉÞ½þº{ÉÊiÉ ́ÉÉ®ú iÉEò z

S.O. 390 dated 13th September, 1995.—In exercise of the powers conferred by sub-

section (1) of section 29 of the Bihar Shops and Establishments Act, 1953 ( Bihar Act VIII

SLDesignationHeadquartersLocal Limits of No.of OfficersJurisdiction

1.Superintendent of Labour,GayaWhole district of

Gaya.Gaya.

2.Superintendent of Labour,JehanabadWhole district of

Jehanabad.Jehanabad. z Notification No. 2849, dated 17th October, 2001.—In exercise of the powers

SL.Name of PlaceThana No.BoundryDistrict 12345 1.Harnaut213North-DihriNalanda South-Rupasur East-Railway Station West-Sabanpura 2.Chandi295N.C.O.’s ResidenceNalanda South–Chiraiya River East–College Block West–Dicrowave Tower 3.Akangar Sarai119North–Veterinary HospitalNalanda South–Bharat Petroleum East–Gram Sandi Bigha West–Modern Service Station 4.Silaw–North–High School, SilawNalanda South–South-side of Rajgir East–Silaw P.S. Badah West–Village Area 5.Islampur–Notified AreaNalanda 6.Maheshkhunt297North–National HighwayKhagaria (Assam Road) South–Bhuthikiya East–Railway Station West–Karichak 7.Phulwarisarif–Notified AreaPatna 8.Maner–Notified AreaPatna 9.Ramgarhwa Bazar66North–Ramgarhwa GramEast South–LalmindaChamparan East–Bahauri Gram West–Silwania Pohra Tola 10.Areraj–Notified AreaEast Champaran 11.Ramnagar–Notified AreaWest Champaran 12.Shivhar–Notified AreaShivhar 13.Bakhari Bazar157North–Bakhari Block H.O.Begusarai South–Chandanala East–Sumama Mushari West–Rampur Mallachak Notifications |Bihar Shops & Establishments Act, 1953| 59

14.Supaul Bazar287North–Nagarrata GoanDarbhanga South–Leg Bus-Stand East–Virola West–Karkoli Gram 15.Tazpur129North–RahimabajSamastipur South–National Highway (Aahar) East–Motipur Adharpur West–Hari Shankar Baghauni 16.Hasanpur194North–Magherpur SalhaSamastipur South–Railway Line East–Bargaon West–Rampur 17.Janakpur Road–Notified AreaSitamarhi 18.Belsand–Notified AreaSitamarhi 19.Sursand47North–NepalSitamarhi South–Virakh East–Gopalpur West–Vaishali 20.Runni Saidpur218North–MorsandSitamarhi South–Manpur Bahnawali East–Weligram West–Waghari 21.Ghogharadiha–Notified AreaMadhubani 22.Kanti–Notified AreaMuzaffarpur 23.Amarpur–Notified AreaBhagalpur 24.Bariyarpur90North–Pariya PanchayatMunger South–Bariyarpur South Panchayat East–Banda Diyara Panchayat West–Itahari-Ratanpur Panchayat 25.Tarapur196North–Gajipur PanchayatMunger South–Bhima Panchayat East–Shambhuganj Panchayat West–Parvara Panchayat 26.Navinagar–Notified AreaAurangabad 27.Jamhour–Notified AreaAurangabad 28.Makhdumpur–Notified AreaJehanabad 29.Shahpur–Notified AreaBhojpur 30.Kataiya–Notified AreaGopalganj 12 345 60 |Bihar Shops & Establishments Act, 1953| Notifications

z

to Section 9 and sub-section (1) of Section 12 of the said Act shall remain suspended during

calender year 1994 for the period mentioned in column 3 of the schedule hereto annexed in

respect of all Establishments falling within the local limits of places as specified in column

4 of the schedule, subject to the condition laid down in the proviso to Rule 35 of the Bihar

Shops and Establishments Rules, 1995.

and Section 12(1) of the Bihar Shopsapplicable and Establishments Act, 1953.

1.HoliMonday, 21st March, 1994 toWhole of Bihar.

Tuesday, 29th March, 1994.

2.Id-ul-fitrMonday, 7th March, 1994 toWhole of Bihar.

Monday, 14th March, 1994.

3.Id-uz-ZohaSunday, 15th May, 1994 toWhole of Bihar.

Monday, 23rd May, 1994.

4.Durga PujaMonday, 3rd October, 1994 toWhole of Bihar.

and Laxmi PujaSunday, 16th October, 1994.

5.Deepawali andTuesday, 1st November, 1994 toWhole of Bihar.

ChhatTuesday, 8th November, 1994.

6.ChristmasWednesday, 21st December, 1994 toWhole of Bihar.

Sunday, 25th December, 1994. z Notifications |Bihar Shops & Establishments Act, 1953| 61