Legislations galore during pandemic in Bihar

During the lockdown period between August 2020-November 2020, some 12 ordinances have been promulgated in Bihar. 

The Contract Labour (Regulation and Abolition)( BiharAmendment) Act, 2020 has repealed of The Contract Labour (Regulation and Abolition) (Bihar Amendment) Ordinance, 2020. (Bihar Ordinance No-06- 2020 pursuant to the satisfaction of Governor and the the instruction from the President of India on 20 October, 2020. This was necessitated by the Covid-19 pandemic which has deteriorated the industrial and economic activities in the State of Bihar. It is aimed at providing impetus to the industrial and economic activities in the State. It has been deemed important to provide new opportunities for industrial investment in the State. By this act, sub-section 4 of section 1 of the the Contract Labour (Regulation and Abolition) Act, 1970 has been amended. 

The Factories (Bihar Amendment) Act, 2020 has repealed the Factories (Bihar Amendment) Ordinance, 2020. (Bihar Ordinance No-08- 2020). It has amended section 2, section 5 and section 85 of the the Factories Act, 1948. As per the amendment, a new section 5 A has been inserted after Section by of the Factories act, 1948. Section 5-A provides "Power to exempt new factories in public interest". It states that where the State Government is satisfied in the public interest that it is necessary to create more economic activities and employment opportunities, it may, by notification in the official Gazette, exempt, subject to such conditions as it may think fit, any new factory or class or description of news factories which are established and whose commercial production start, from all or any of the provisions of this Act for a period of one thousand days from the date on which such commercial production start." It explains that for the purpose of this section the expression "New Factory or class or description of new factories" means such factory or class or description of factories which are established and whose commercial production start within a period of one thousand days after the commencement of the Factories (Bihar Amendment) Act, 2020.

The Industrial Disputes (Bihar Amendment) Act, 2020 has repealed The Industrial Disputes (Bihar Amendment) Ordinance, 2020. (Bihar Ordinance No-07- 2020. It amends section 25 K of Industrial Disputes Act, 1947. As per the amendment, a new section 36-C has been added after the sub section 36 (B) of the Industrial Disputes Act, 1947. Section 36-C provided power to exempt new industries in public interest. It states that here the State Government in satisfied in relation to any new industrial establishment or new undertaking or class of new industrial establishments or new undertaking that it is necessary in the public interest to do so, it may, by notification in the official Gazette, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new establishments or new undertaking from all or any of the provisions of this Act for a period of one thousand days from the date of the establishment of such new industrial establishment or new undertaking or class of new establishments or new undertakings, as the case may be". It too explains that for the purposes of this section, the expression "new industrial establishment or new undertaking or class of new industrial establishment or new undertakings" means such industrial establishment or undertaking or class of industrial establishments or undertakings which are established within a period of one thousand days after the commencement of the Industrial Disputes (Bihar Amendment) Act, 2020.

Prior to this Bihar Settlement of Taxation Disputes Ordinance, 2020 was promulgated by the Governor on 21st September 2020. The Bihar Settlement of Taxation Disputes Bill, 2020 has been placed on the table of the Vidhan Sabha. 

Besides the above mentioned laws, numerous subordinate legislations have been framed by the state and central governments. Legislators, judges, lawyers, jurists, scholars, students and informed citizens have a duty to undertake rigorous scrutiny of these legislations and subordinate legislations to prevent emergence of unlimited governments, which pay no heed to limitations imposed by the Constitution of India.