(1) This Act may be called Bihar Relief Undertakings (Special Provisions) Act, 1981.

(2) It extends to the whole of the State of Bihar.

(3) It shall come into force at once.

In this Act unless the context otherwise requires:

(1) Government Company has the meaning assigned to it in Section 617 of the Companies Act, 1956.

(2) Industry means any business, trade, undertakings, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen, and the word industrial shall be construed accordingly.

(3) Notification means a notification published in the Official Gazette;

(4) Relief undertaking means a State industrial undertaking in respect of which a declaration under Section 3 is in force;

(5) State industrial undertaking means a industrial undertaking:

(a) which is started or which or the management of which is under any law or agreement acquired or otherwise taken over by the State Government or by a Government Company and is run or proposed to be run by or under the authority of the State Government or a Government Company; or

(b) to which any loan, advance or grant has been given or in respect of any loans whereof a guarantee has been given by the State Government or a Government Company.

The State Government may, if it is satisfied that it is necessary or expedient so to do in the public interest with a view to enabling the continued running or re-starting of State industrial undertaking as a measure of preventing or of providing relief against unemployment declare, by notification that the State industrial undertaking shall on and from such date and for such period as may be specified in the notification of a relief undertaking:

Provided that the period so, specified shall not, in the first instance exceed one year but may by a like notification be extended from time to time by any period not exceeding one year at any one time so however, that no notification issued under this Section shall in any case remain in force for more than seven years in the aggregate.

The State Government may if it is satisfied that it is necessary or expedient so to do for the purpose specified in Section 3 direct by notification:

(a) That in relation to any relief undertaking all or any of the enactments specified in the Schedule to this Act shall not apply or shall apply with such adaptations, whether by way of modification addition or omission which does not, however, affect the policy of the said enactments as may be specified in such notification, or

(b) That the operation of all or any of the contracts, assurances of property agreement settlements, awards standing orders or other instruments in force to which any relief undertaking is a party or which may be applicable to any relief undertaking immediately before the date on which the State Industrial undertaking as declared to be a relief undertaking, shall remain suspended or that all or any of the rights privileges, obligations and liabilities according or arising thereunder before the said date shall remain suspended or shall be enforceable with such modification and in such manners as may be specified, in such notification.

(c) That in relation to any relief undertaking engaged in the manufacture of any item mentioned in Schedule I of the Industries (Development and Regulation) Act concurrence of the Government of India will have to be obtained by the State Government before making such notification.

(d) That the State Government will have to ensure before issuing such notification that workers get minimum wages.

A notification issued under Section 4 shall have effect notwithstanding anything to the contrary contained in any other law agreement or instrument or any decree or Order of a Court tribunal, officer or other authority.

Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of Section 4 and suspended or modified by a notification under that Section shall, in accordance with the terms of the notification, be suspended or modified and all proceedings relating thereto pending before any Court tribunal, officer or other authority shall accordingly be stayed or be continued subject to such modification so, however, that on the notification ceasing to have effect

(a) any right, privilege obligations or liability so suspended or modified shall revive and be enforceable as if the notification had never been issued, and

(b) any proceeding stayed shall be proceeded with subject to the provisions of any law which may then be in force from the State which had been reached when the proceeding was stayed.

In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of Section 4 the period during which it or the remedy for enforcement thereof was suspended shall be excluded.

(1) The State Government may subject to the condition of previous publication make Rules to carry out the provisions of this Act.

(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 rates of wages payable to the workmen and their work loads and the salary payable to the staff the payment of bonus, gratuity, compensation, and other benefits;

(b) the manner in which relief undertaking should be run;

(c) the strength of staff and labour to be employed for running the relief undertaking economically;

(d) the manner in which the net profits or net losses or surplus funds should be appropriated or disposed of;

(e) the percentage of profits to be utilised for the benefit of the persons employed in the undertaking and the manner of its utilisation.

(f) the manner in which and the extent to which the representatives of the workmen may be associated with or may participate in the management of relief undertaking.

(1) The Bihar Relief Undertaking (Special Provisions) (Ordinance No. 197 of 1981) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power 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 day on which such thing or action was done or taken.

1. Received the assent of the Government on 21st January, 1982, and was published in the Bihar Gazette, Extraordinary, dated November 3, 1983.