Social Security Bihar Rules explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Social Security (Bihar) Rules, 2026 are the State rules under the Code on Social Security, 2020. Chapters I and II set the notification, commencement, definitions and the constitution of two Boards: the Bihar Unorganised Workers Social Security Board and the Bihar Building and Others Construction Workers Welfare Board. Employers meet these rules mostly through definitions and through the cess and registration chapters covered in our later articles.
The rules are the Social Security (Bihar) Rules, 2026, as notified on 30 June 2026 and published in the Bihar Gazette (Extraordinary) No. Patna 697 of 1 July 2026. Rule 1(3) says they come into force from the date of its publication in official gazette. They extend to the whole of the State of Bihar and supersede the Bihar Maternity Benefit Rules, 1964, the Bihar Payment of Gratuity Rules, 1972 and the Bihar Unorganized Workers Social Security Rules, 2015. The two Boards sit under Chapter II.
Later amendments and State notifications under these rules should be checked in the State Gazette.
The notification and the commencement clause
The notification says it is made "in exercise of the powers conferred under sub-section (1) of section 154 and 156 of the Code on Social Security, 2020" and that the Governor of Bihar makes the rules in supersession of the three sets named above. Rule 1(3) reads that the rules "shall come into force from the date of its publication in official gazette"; the Gazette is dated 1 July 2026. This article states no other date. Our post on sections 154 and 155 of the Code on Social Security, power to make rules explains the rule-making power.
The Central rule on short title, commencement and definitions is explained in our post on rules 1 and 2 of the Central Rules. A Bihar employer reviewing its gratuity and maternity files after the supersession can start with a labour law compliance review.
Definitions an employer should know (rule 2)
| Term | What rule 2 says |
|---|---|
| Competent authority | An authority appointed under section 91 of the Code by the State Government |
| Electronically | Information submitted by email, by uploading on the designated portal, or by digital payment in any mode |
| Career centre | A career centre as notified by the State Government |
| Assessing Officer | A gazetted officer of the State Government appointed to assess cess under the Code |
| Cess collector | An officer appointed by the State Government for collection of cess |
| Standard Benefit Rate | Average daily wages obtained by dividing the total wages paid during the Contribution period by the number of days for which these wages were paid |
| Year | The financial year, from the first of April to the thirty first of March |
| ShramSuvidha Portal | The portal of the Ministry of Labour and Employment with that name |
| Nodal officer | A person designated by the Building and Other Construction Workers' Welfare Board or the State Government to facilitate registration, renewal and updation of building workers, and to supervise Beneficiary Registering Officers |
Any word not defined takes its meaning from the Code or the corresponding central rules (rule 2(2)). The meaning of "Appeal" ties it to section 37(7)(b), section 56(8), section 72(3), section 99(1) and section 105(1) of the Code.
The Bihar Unorganised Workers Social Security Board (rule 3)
Rule 3 constitutes the Board under section 6(9) of the Code, called the "Bihar Unorganised Workers Social Security Board". It does not impose duties on employers, but it shows who will frame schemes for unorganised workers.
| Feature | Rule 3 |
|---|---|
| Chairperson | The Minister of the Labour Resources and Migrant Workers Welfare Department, ex officio |
| Vice-Chairperson | The Additional Chief Secretary, Principal Secretary or Secretary of that Department, ex officio |
| Term of a non-ex-officio member | Not exceeding three years; eligible for re-nomination for not more than a total of two terms |
| Nominees | Five persons of eminence in labour welfare, management, finance, law and administration; two members from the State Legislative Assembly; ten members from State Government Departments dealing with unorganised-sector welfare; association representatives as notified. At least one member each from the Scheduled Caste, Scheduled Tribe, Minorities and Women among certain nominees |
| Member Secretary | Notified by the State Government, not below the rank of Joint Labour Commissioner |
| Reconstitution | The State Government begins the process six months before the term expires |
| Meetings | At least once in a quarter; notice of not less than fifteen days for an ordinary meeting; special meeting within fifteen days of a written requisition by not less than one-half of the members, on three days' notice |
| Quorum | At least one-third of the members, with at least one representative each of employers and employees |
| Minutes | Forwarded to members within four weeks; confirmed copy to the State Government within fifteen days of confirmation |
A member resigns by letter to the State Government, and the seat falls vacant on acceptance or after thirty days of receipt, whichever is earlier. A member who misses the conditions of section 8 of the Code cannot be chosen or continue. A member may name a substitute for a meeting with the Chairperson's approval, but remains liable for misapplication of the Fund by the substitute. Non-government members draw travelling and halting allowance under rule 144(1) of the Bihar Travelling Allowance Rules, 1949, as notified, based on availability of internal resources.
The Bihar Building and Others Construction Workers Welfare Board (rule 4)
Rule 4 constitutes the Board under section 7(1) of the Code, called the "Bihar Building and Others Construction Workers Welfare Board". Employers in construction deal with this Board mainly through the cess (see our article on welfare cess, authorities, records, returns and compounding).
- Composition. The Chairperson is the Secretary, Principal Secretary or Additional Chief Secretary heading the Labour Resource and Migrant Workers Welfare Department; the Labour Commissioner, Bihar is Vice-Chairperson. The State Government nominates fifteen members, at least one a woman: departmental representatives not below the rank of Joint Secretary from Finance, Social Welfare, Education and Law, one nominee of the Ministry of Labour and Employment, Government of India; five representatives of building and other construction workers; and five representatives of employers, one each from the Urban Development and Housing Department, Building Construction Department, Road Construction Department, Builders Association and Bihar Industries Association.
- Term. Three years from constitution; the State starts reconstitution six months before expiry, and the existing Board continues until a new one is notified.
- Meetings. At least once in a quarter, with the same quorum rule as the unorganised workers Board; the Chairperson may debar a non-ex-officio member absent from three consecutive meetings without written information and consent.
- Secretary. An officer of the Bihar Labour Service not below the rank of Joint Labour Commissioner, appointed with the State Government's prior approval.
- Schemes (rule 4(10)). The Board, with the State Government's prior approval, notifies social security schemes and welfare measures. The scheme must state the eligibility limit, benefits, application form, procedure, the competent authority for sanction and the manner of payment, and the State Government publishes them in the official gazette. The rules themselves print no rupee benefit.
How it sits with the Central rules
The Central registration rules are explained in our posts on rule 5 of the Central Rules, registration of establishments and rule 48, registration of unorganised, gig and platform workers. The Bihar Chapter II prints no employer registration steps; what it prints is the Board structure.
A worked example
Ganga Builders Pvt Ltd of Patna employs construction workers. It is not a member of any Board, but its workers may be beneficiaries of schemes the Welfare Board notifies. The owner reads rule 4(10): a scheme the Board notifies with State approval will name the eligibility, the form and the competent authority, and the company should check the official gazette for each notified scheme before telling workers what is available. For its gratuity and maternity files, the company retires the 1964 and 1972 Bihar rules, which the new rules supersede.
Need help with Bihar social security compliance?
If your gratuity, maternity or cess process still follows the 1964, 1972 or 2015 Bihar rules, it needs to be re-mapped to the 2026 text. Our labour law compliance team can compare your current practice with each chapter and note what has changed.
Key takeaways
- The rules are the Social Security (Bihar) Rules, 2026, as notified on 30 June 2026; rule 1(3) says commencement is from the date of publication in official gazette.
- They supersede the Bihar Maternity Benefit Rules, 1964, the Bihar Payment of Gratuity Rules, 1972 and the Bihar Unorganized Workers Social Security Rules, 2015.
- Rule 3 constitutes the Bihar Unorganised Workers Social Security Board, chaired by the Labour Resources Minister.
- Rule 4 constitutes the Bihar Building and Others Construction Workers Welfare Board with fifteen nominated members.
- Boards meet at least once a quarter; schemes are notified with the State Government's approval.
Read next
- Social Security (Bihar) Rules, 2026: gratuity nomination, application, notice, determination, appeal and recovery
- Social Security (Bihar) Rules, 2026: welfare cess, authorities, records, returns and compounding
- Rules 1 and 2 of the Central Rules: short title, commencement and definitions
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.