Preamble
| [Bihar Act 9 of 1988] | (Published in the Bihar Gazette, Extraordinary, dated February 19, 1988) |
An Act to amend the Minimum Wages Act, 1948
Be it enacted by the Legislature of the State of Bihar in the Thirty-eighth Year of the Republic of India as follows:-
Section 1. Short title, extent and commencement
1. Short title, extent and commencement.-(1) This Act may be called the Minimum Wages (Bihar Amendment) Act, 1988.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
Section 2. Amendment of Section 18 of Act XI of 1948
2. Amendment of Section 18 of Act XI of 1948.-In Section 18 of the Minimum Wages Act, 1948 (XI of 1948) (hereinafter referred to as the said Act), after sub-section (3), the following sub-section shall be inserted, namely:-
"(4) The appropriate Government may, by rules made under this Act, also provide for the issue of identity cards and service certificates to employees employed in any scheduled employment in such form and containing such particulars as may be prescribed."
Section 3. Amendment of Section 20 of Act XI of 1948
3. Amendment of Section 20 of Act XI of 1948.-In Section 20 of the said Act-
(i) after sub-section (4), the following sub-section shall be inserted, namely:-
"(4-A) No employer shall, during the pendency of any proceeding arising out of any claim case, take any action against any employee concerned in such claim case-
(a) by altering to the prejudice of such employee, the conditions of service applicable to him immediately before the commencement of such proceedings, and
(b) by discharging, terminating the services in any manner or punishing whether by dismissal or otherwise of such workers, save with the express permission in writing of the Authority before whom the proceeding is pending.";
(ii) after sub-section (5), the following sub-section shall be inserted, namely:-
"(5-A) At the time of hearing, the authority may direct the employers to deposit at least 50% of the claimed amount with the Authority excluding the amount of compensation. The said amount may be paid to the claimed which shall be adjusted subsequently with the decreed amount."
Section 4. Amendment of Section 22-B of Act XI of 1948
4. Amendment of Section 22-B of Act XI of 1948.-In clause (b) of sub-section (2) of Section 22-B of the said Act, the following proviso shall be inserted, namely:-
"Provided that the Court, if it is satisfied that the State Government or any officer authorised by it in this behalf was prevented by sufficient cause from sanctioning the making of the complaint within the period specified in sub-section (2), shall condone the delay and allow the complaint to be made even after the expiry of the said period."
Section 5. Repeal and Saving
5. Repeal and Saving.-(1) The Minimum Wages (Bihar Amendment) Ordinance, 1987 (Bihar Ordinance No. 28 of 1987) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action taken.