Draft Social Security (Bihar) Rules, 2021

Mar 04, 2021 | by TeamLease RegTech Legal Research Team

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Labour ComplianceThe Government of Bihar on February 26, 2021 has issued the Draft Social Security (Bihar) Rules, 2021. The following rules have been covered under the spectrum of these rules: 

• Bihar Maternity Benefit Rules, 1964. 

• Bihar Payment of Gratuity Rules, 1972. 

• Bihar Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005.

• Bihar Unorganized Workers Social Security Rules, 2015. 

The following provisions have been made: 

• The Insured Person or the Corporation may appeal to the Employees’ Insurance Court by presenting an application within ninety days of the date of communication of the decision of the Medical Board or of the Medical Appeal Tribunal to the Insured Person or the Corporation, as the case may be: Provided that the Employees’ Insurance Court may entertain an application after the period of ninety days, if it is satisfied that the appellant had sufficient reasons for not presenting the application within the said period.

• The applications to the Employees’ Insurance Court, shall be in Form I.

• Every application to the Court shall be brought within 3 years on which the cause of action arose or as the case may be, the claim become due. 

• The fee payable on an application in respect of any matter referred to in Section 49 of the Code shall be Rs. 100.

• In the case of nominee, or an heir, who is minor, the competent authority shall invest the gratuity amount deposited with him for the benefit of such minor in term deposit with the State Bank of India or any other Nationalised Bank. 

• Within fifteen days of the receipt of an application under sub-rule (1) for payment of gratuity. 

• The gratuity payable under the Code shall be paid through Demand Draft or by crediting in the bank account of the eligible employee, nominee or legal heir, as the case may be. 

All objections and suggestions with respect to said rules should be sent in duplicate addressed to Joint Labour Commissioner or email [email protected]. Only those objections and suggestions which are received within twenty-one days from the date of publication of the notification shall be taken into consideration.

[Notification No. S.O. 82]


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