The Payment on Bonus Act 1965

Submitted by-Sonal yadav by-

History


The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917included. In 1950, the Full Bench of the Labour Appellate evolved a formula for determination of bonus. A plea was made to raise that formula in 1959.

At the second and third meetings of the Eighteenth Session of Standing Labour Committee (G. O.I.) held in New Delhi in March/April 1960 A Tripartite Commission was set up by the Government of India to consider in a comprehensive manner, the question of payment of bonus based on profits to employees employed in establishments and to make recommendations to the Government.

1965 was promulgated on 29th May, 1965. To replace the said Ordinance the Payment of Bonus Bill was introduced in STATEMENT the Parliament. OF OBJECT AND REASONS

STATEMENT OF OBJECT AND REASONS



A Tripartite Commission was set by the Government of India by their resolution No.WBNo.WB-20(9)/61, dated 6th December, 1961 to consider in a comprehensive manner, the question of payment of bonus based on profits to employees employed in establishments and to make recommendations to the Government .

The Commission s Report containing their recommendations was received by the Government on 24th January, 1964. Commission as accepted by the Government, the Payment of Bonus Ordinance, 1965, was promulgated on 29th May, 1965. The object of the Bill is to replace the said Ordinance

ACT 21 OF 1965


The Payment of Bonus Bill having been passed by both the Houses of Parliament received the assent of the President on 25th September, 1965. It came on the Statute Book as THE PAYMENT OFBONUS ACT, 1965 (21 of 1965).

LIST OF AMENDING ACTS



1. The Insurance (Amendment) Act, 1968 (62 of 1968). 2. The Payment of Bonus (Amendment) Act, 1969 (8 of 1969). 3. The Central Labour Laws (Extension of Jammu And Kashmir) Act, 1970 (51 of 1970).

4. The Payment of of 1972). 5. The Payment of of 1973). 6. The Payment of 1973 (55 of 1973). 7. The Payment of of 1974). 8 The Payment of of 1976). 9 The Payment of of 1977

Bonus (Amendment) Act, 1972 (68 Bonus (Amendment) Act, 1973 (39 Bonus (Second Amendment) Act, Bonus (Amendment) Act, 1974(42 Bonus (Amendment) Act, 1976(23 Bonus (Amendment) Act, 1977 (43

      

10. The Payment of Bonus (Second Amendment) Act, 1980 (66 of 1980). 11. The National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981). 12. The Payment of Bonus (Amendment) Act, 1985 (30 of 1985). 13. The Payment of Bonus (Second Amendment) Act, 1985 (67of 1985). 14. The National Housing Bank Act, 1987 (53 of 1987). 15. The Small Industries Development Bank of India Act, 1989 (39 of 1989). 16 The Payment of Bonus (Amendment) Act, 1995 (34 of 1995).

application


[1][An [1][An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.] BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:follows:-

    

.-(1) This Act may be called the Payment of Bonus Act, 1965. (2) It extends to the whole of India. (3). Save as otherwise provided in this Act, it shall apply to every factory; and every other establishment in which twenty or more persons are employed on any day during an accounting year. [1] The words except the State of Jammu and Kashmir omitted by Act 51 of 1970, sec. 2 and sch. (w.e.f 1-911971).

(4). Save as otherwise provided in this Act, the provisions of this Act shall, in relation to a factory or other establishment to which this Act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accounting year:

5) An establishment to which this Act applies 1[***] shall continue to be governed by this Act notwithstanding that the number of person employed therein falls below twenty 2[or, as the case may be, the number specified in the notification issued under the proviso to subsub-section (3)].

3.

Establishments to include departments, undertakings and branches.-branches.--

Provided that where for any accounting year a separate balance-sheet and profit and loss balanceaccount are prepared and maintained in respect of any such department or undertaking or branch, then such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this Act for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonus.

Eligibility for bonus. bonus.



Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.

Disqualification for bonus



 

an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for -(a) fraud; or (b)riotous (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment

Payment of minimum bonus. bonus.



Subject to the other provisions of this Act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year

Payment of maximum bonus



1) Where in respect of any accounting year referred to in section 10, the allocable surplus exceeds the amount of minimum bonus payable to the employees under that section, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting; year bonus which shall be an amount in proportion to the salary or wage earned by the employee during the accounting year subject to a maximum of twenty per cent, of such salary or wage.

(2) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall be taken into account in accordance with the provisions of that section.]