Chapter IX MISCELLANEOUS

Protection of persons acting under this Act- No suit, prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central Government or the State Government, acting under direction of any such public servant, for anything in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder.

Exemption under this Act- The State Government or any officer empowered in this behalf may, by notification, exempt from the operation of all or any of the provisions of this Act for any period it is considered, any shop or establishment or class thereof or any employer or worker or class of employers or workers to whom this Act applies on such terms and conditions as it may think fit.

Complementary nature of the Act with existing Laws- The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

Power to make the rules-

1. (1) The State Government may, by notification, make rules for carrying out the provision of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the authority to which and the form and manner in which an application shall be made under sub-section (2), the form of Labour Identification Number under sub-section (3), and the manner of obtaining Labour Identification Number under sub-section (4), of section 5.
   • (b) the measures to be taken by the employer relating to the health and safety (including cleanliness, lighting, ventilation and prevention of fire) of the workers under sub-section
3. (1) of section 7;
   • (c) the matters to be provided by rules under sub-section
4. (4) of section 8;
   • (d) the condition subject to which the provisions of sub-section
5. (1) and
6. (2) of section 8 shall apply to certain class of workers under sub-section
7. (5) of that section;
   • (e) rate of higher amount of wages under section 9;
   • (f) the provisions of sufficient latrine and urinals under section 14 and the provision of first-aid facility under section 16;
   • (g) the qualifications of Facilitators under sub-section (1), conditions subject to which a Facilitator shall exercise his powers under sub-section (4), and other powers exercisable by him under sub-clause
   • (e) of clause
     • (ii) of sub-section (4), of section 18;
   • (h) the registers and records to be maintained by the employers under sub-section
8. (1) of section 19;
   • (i) the form and manner (including electronic from) for furnishing of annual return and the authority to such returns shall be furnished under section 20;
   • (j) the manner of compounding of offences under sub-section (1), and form and manner for making application for such compounding under sub-section (4), of section 25;
   • (k) any other matter which is required to be, or may be, prescribed.
9. (3) Every rule made by the State Government under this act shall be laid, as soon as may be after it is made, before each House of the State Legislature

Power to remove difficulties-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official gazette, make such provision not inconsistent with the provision of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature.

Repeal and Savings-

1. (1) The Bihar Shops and Establishment Act, 1953 is hereby repealed.
2. (2) Notwithstanding the repeal of the Act under sub-section (1), anything done or any action taken under the said Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this.
3. (3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeals.