Industrial Relations (Bihar) Rules, 2026 · Rule 3

Rule 3: Memorandum of settlement under clause (zi) of section 2.

Rule 3 of the Industrial Relations (Bihar) Rules, 2026 operationalises Memorandum of settlement under clause (zi) of section 2. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Conciliation Officer, State Government.

Final State RuleBihar Gazette (Extraordinary), 1 July 2026Effective 1 July 2026

Finin2min 2-minute summary

Rule 3 of the Industrial Relations (Bihar) Rules, 2026 operationalises Memorandum of settlement under clause (zi) of section 2. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Conciliation Officer, State Government.

Jurisdiction: Bihar. This page explains a State rule under the Industrial Relations Code, 2020; other States may prescribe different procedure/forms.

Full notified Rule text

3. Memorandum of settlement under clause (zi) of section 2.— (1) The settlement arrived at in the course of conciliation proceedings or a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding shall be in Form I. (2) The settlement shall be signed by,- (a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated Company, or other body corporate, by the agent, manager or other principal officer of the corporation or such other body corporate, and; (b) on behalf of workers, by any two of the following officers of Trade Union, namely: - (i) the President; (ii) the Vice-President; (iii) the Secretary (including the General Secretary); and बहार गजट (असाधारण), 1 जुलाई 2026 59 (iv) a Joint Secretary; or (v) any two other officer of the Trade Union authorized in this behalf by the President and Secretary of the Union; or (vi) by five representatives of workers duly authorized in this behalf at the meeting of the workers held for the purpose by simple majority; Provided that the employer may, with the mutual agreement with workers of the industrial establishment, deploy an electronic process of conducting the election process over an information technology application, online platform or like other platform to enable as to how the representatives of workers shall be elected; (c) In case of an industrial dispute between individual worker and employer, by the workers concerned. (3) Where the settlement is arrived at in the course of conciliation proceedings the conciliation officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the parties to the dispute. (4) Where a settlement is arrived at between an employer and his workers otherwise than in the course of conciliation proceedings before a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof electronically or otherwise to the State Government and conciliation officer. (5) The conciliation officer shall file all settlements effected under this Code in respect of industrial disputes in the area within his jurisdiction in the register maintained electronically or otherwise. The register shall contain the details including serial number, name of the industry, parties to the settlement, date of settlement, remarks and whether settlement was effected at the intervention of conciliation officer or by mutual negotiation: Provided that signature of conciliation officer on the agreement shall not be necessary where the agreement for settlement is arrived at outside conciliation: Provided further that nothing in this rule shall prohibit a settlement between a worker or workers or Trade Union and an employer on mutually agreed terms and such settlement may be in the form other than Form I. 60 बहार गजट (असाधारण), 1 जुलाई 2026 Chapter II BI-PARTITE FORUMS

Gazette / notified rule source

Clause / sub-rule explanation

Clause (1)

(1) The settlement arrived at in the course of conciliation proceedings or a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding shall be in Form I.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (2)

(2) The settlement shall be signed by,-

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (a)

(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated Company, or other body corporate, by the agent, manager or other principal officer of the corporation or such other body corporate, and;

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (b)

(b) on behalf of workers, by any two of the following officers of Trade Union, namely: -

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (i)

(i) the President;

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (ii)

(ii) the Vice-President;

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (iii)

(iii) the Secretary (including the General Secretary); and बहार गजट (असाधारण), 1 जुलाई 2026 59

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (iv)

(iv) a Joint Secretary; or

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (v)

(v) any two other officer of the Trade Union authorized in this behalf by the President and Secretary of the Union; or

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (vi)

(vi) by five representatives of workers duly authorized in this behalf at the meeting of the workers held for the purpose by simple majority; Provided that the employer may, with the mutual agreement with workers of the industrial establishment, deploy an electronic process of conducting the election process over an information technology application, online platform or like other platform to enable as to how the representatives of workers shall be elected;

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (c)

(c) In case of an industrial dispute between individual worker and employer, by the workers concerned.

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (3)

(3) Where the settlement is arrived at in the course of conciliation proceedings the conciliation officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the parties to the dispute.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Who acts under this Rule?

  • Employer
  • Worker
  • Trade union
  • Conciliation Officer
  • State Government

Thresholds / timelines in the Rule

No standalone numeric/time threshold extracted from the notified rule text.

Practical application

Example: a trade union seeks registration or a related statutory action in Bihar. The union should match its application, office-bearer/member particulars, prescribed form and supporting documents to Rule 3 before filing with the Registrar.

Compliance reading

Do not apply this Rule in isolation. Confirm the enabling Industrial Relations Code provision, defined terms, prescribed forms and any subsequent amendment, State notification or judicial interpretation. Where the Rule allocates a power to an authority, verify the currently notified competent authority before filing.

Q&A

What does Bihar Industrial Relations Rule 3 cover?

Rule 3 of the Industrial Relations (Bihar) Rules, 2026 operationalises Memorandum of settlement under clause (zi) of section 2. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Conciliation Officer, State Government.

Is Rule 3 a Central or State rule?

It is a final Bihar State rule under the Industrial Relations Code, 2020. It should not be substituted for another State's rules or the Central Rules.

What should an employer or worker verify before acting?

Verify the Industrial Relations Code provision linked to the issue, the complete text of Rule 3, any prescribed form, the current Bihar Gazette and any later amendment/corrigendum.

Does the notified rule itself contain a timeline or threshold?

No standalone numeric threshold was automatically extracted from this rule; the operative condition may be qualitative or contained in a linked Code provision/form.

What evidence should be retained?

Keep the prescribed application/notice/form, proof of service or filing, authority acknowledgement/order and the internal record showing how the statutory trigger and deadline were checked.

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