The Bihar government notified the Draft Rules for the Industrial Relations Code in the gazette on 22 February 2021.
Applicability
Once in force, the Draft Rules will apply across the whole of Bihar, effective from the date of their final publication in the Official Gazette. They will repeal three existing regulations:
- Bihar Industrial Dispute Rules, 1961
- Bihar Industrial Employment (Standing Orders) Rules, 1947
- Bihar and Orissa Trade Union Regulations, 1928
Compliances
The Draft Rules prescribe nineteen forms covering procedures under the Code:
- Form I – Memorandum of settlement reached during conciliation, or between employer and workers outside conciliation proceedings (Rule 2)
- Form II – Auditor’s declaration (Rule 8(ii))
- Form III – Affidavit (Rule 9)
- Form IV – Statement of assets and liabilities (Rule 10)
- Form V – Application for trade union registration (Rule 11)
- Form VI – Certificate of trade union registration (Rule 12)
- Form VII – Register of trade unions (Rule 12(1))
- Form VIII – Application to the Tribunal for matters unresolved by the Conciliation Officer (Rule 18)
- Form IX – Annual returns (Rule 21)
- Form X – Notice of an employer’s proposed change to service conditions (Rule 32(i))
- Form XI – Agreement for voluntary arbitration (Rule 33(1))
- Form XII – Authorization for representation before the authority under the Code (Rules 35, 56, 57)
- Form XIII – Oath of office for a Judicial or Administrative Member of the Industrial Tribunal (Rules 36(19), 37(20))
- Form XIV – Complaint under Section 91 of the Code (Rule 38(5))
- Form XV – Notice of strike by a union or group of workers (Rules 39, 59)
- Form XVI – Notice of lock-out by an employer (Rule 40(1), 59)
- Form XVII – Notice of retrenchment or closure to the State Government under Chapter IX (Rules 41, 43, 59)
- Form XVIII – Application for permission for lay-off, continued lay-off, retrenchment, or closure under Chapter X (Rules 44, 45, 47, 49)
- Form XIX – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rule 53)