Power to make rules

Section 40 of Bihar Shops & Establishments Act, 1953 deals with power to make rules. The State Government may make rules to carry out the purposes of this Act.

(1) The State Government may make rules to carry out the purposes of this Act.

(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 - 1[(a) the registration and renewal of establishments and the amount, and manner of payment of fees under section 6;] (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.

(3) The rules may provide that any contravention thereof shall be punishable with fine which may extend to fifty rupees.

(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(5) Every rule made under this section shall he laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of 1. Subs. by Act 2 of 1975. Schedule I | 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 be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 40, Bihar Shops & Establishments Act, 1953 (Act 8 of 1954).