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The Payment of Bonus act, 1965

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The Payment of Bonus act, 1965. this PPT has inclusion recent amendments and is done from the view point of students. If anything has been missed out, do let us know through comments.
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The Payment of Bonus act, 1965

  1. 1. THE PAYMENT OF BONUS ACT, 1965 Brinda Nagar Norville Das Swara Patni Pranali Kothari Tanvi Suthar Harsh Parikh Shagufta Shaikh
  2. 2. Introduction  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 1917. In certain cases of industrial disputes demand for payment of bonus was also included. In 1950, the full bench of Labour Appellate Tribunal evolved a formula for determination of bonus; A plea was made to raise that formula in 1959.  The Government of India accepted the recommendations of the Commission subject to certain modifications. To implement these recommendations the Payment of Bonus Ordinance, 1965, was promulgated on 29th May, 1965. To replace the said Ordinance the Payment of Bonus Bill was introduced in the Parliament.
  3. 3. Objective The object of the act as contained in the preamble is to provide for the payment of bonus to a person employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters concerned therewith: Broadly speaking the schemes covers the following:  To impose statutory liability upon an employer of many establishments covered by the act to pay bonus to employees to the establishments.  To define the principle of Payment of Bonus according to the prescribed formula.  To provide for the payment of minimum & maximum bonus and linking the payment of bonus with the scheme of set-off & set-on.  To provide machinery for enforcement of the liability for the payment of bonus.
  4. 4. Applicability (Section 1)  The act came into force on 25th September, 1965.  The Act applies to every factory and every other establishment employing not less than 20 persons on any day during an accounting year.  The Central/State Government can, however, extend its provisions to any establishment employing less than 20 but more than 10 persons.  The establishments covered under the Act shall continue to pay bonus even if the number of employees falls below 10, at a later date.  Amended in 1980, 1985, 1995, 2007 and 2015.
  5. 5. Continue  Recent amendment was made in 2015 which includes the following:  The Payment of Bonus (Amendment) Act, 2015 envisages enhancement of eligibility limit under section 2(13) from Rs.10,000/- per month to Rs.21,000/- per month and  Calculation Ceiling under section 12 from Rs.3500 to Rs.7000 or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher.
  6. 6. Definition 1. Accounting year  In relation to a company, the period in respect of which any profit & loss a/c of the company laid before it in annual general meeting is made up, whether the period is a year or not. 2. Allocable Surplus  In relation to an employer, being a company (other than banking company), which has not made the arrangements prescribed under the income tax act for the declaration & payment within India of dividends payable out of its profits in accordance with the provision of section 194 of that act, 67% of the available surplus in an accounting year.  In any other case, 60% of such available surplus. 3. Gross Profit  In the case of companies other than banking company G.P. under sec. 4 r to computed to be in the manner laid down in 2nd schedule. This schedule requires adding that to the net profit shown in the Profit & Loss a/c of depreciation deducted in that a/c while computing gross profit.
  7. 7. Continue 4. Salary or Wage All remuneration (other than remuneration in respect of overtime work) capable of being expressed in terms of money, which would, if the terms of employment , express : or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes DA. 5. Establishment in private sector means any establishment other then an establishment in public sector 6. Establishment of public sector means an establishment owned, controlled, or managed by :  A government company as defined in sec 617 of companies act , 1956 ;  A corporation in which not less than 40% of its capital is held whether singly or taken together by: I. The government ; II. The reserve bank of India ; III. A corporation owned by the government or the reserve bank of India.
  8. 8. Establishments to include departments, undertakings and branches Sec.3  Where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places,  Provided that where for any accounting year a separate Balance-Sheet and Profit & Loss account are prepared and maintained in respect of any such department or undertaking or branch  The payment of Bonus Act provides for payment of bonus to persons employed in certain establishments of the basis of profits or on the basis of production or productivity and for matters connected therewith.
  9. 9. Computation of gross profit Sec.4  According to Sec. 4, the gross profits derived by an employer from an establishment in respect of the accounting year shall – (a) in the case of a banking company, be calculated in the manner specified in the First Schedule; (b) in any other case, be calculated in the manner specified in the Second Schedule.
  10. 10. Computation of Available Surplus Sec.5  Section 5 lays down about the available surplus in respect of any accounting year shall be the gross profits for that year after deducting therefrom the sums referred to in section 6; But the available surplus shall be aggregate of – (a) the gross profits for that accounting year after deducting therefrom the sums referred to in section 6; and (b) an amount equal to the difference between— I. the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and II. the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting therefrom the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this Act for that year.  NOTE: - The calculation of bonus starts with a NET PROFIT as shown in the final profit in the P&L a/c.
  11. 11. Sums deductible from gross profits as prior charges Sec.6  Section 6 lays down about the amount which remains after deducting these ‘prior charges’ is the “available surplus” for distribution as bonus; (a) any amount by way of depreciation admissible in accordance with the provisions of section 32(1) of the Income Tax Act, 1961 or in accordance with the provision of the agricultural income-tax law, as the case may be. (b) any amount by way of development rebate or investment allowance which the employer is entitled to deduct from his income under the income-tax Act, 1961; (c) subject to the provisions of section 7, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year; (d) any other sum specified in respect of the employer in the Third Schedule.  Under Section 6, clause (a) the permissible deduction from the gross profit isn’t depreciation calculated according to any recognized method of accountancy followed by a banking company, but only such depreciation as is admissible in accordance with the provisions of section 32(1) of the income-tax act.
  12. 12. Calculation of direct tax payable by the employer Sec.7  Section 7 lays down about any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year; (a) in calculating such tax no account shall be taken of— (i) any loss incurred by the employer in respect of any previous accounting year and carried forward; (ii) any arrears of depreciation; (iii) any exemption conferred on the employer under section 84 of the Income-tax Act or of any deduction to which he is entitled under that act; (b) where the employer is a religious or a charitable institution to which the provisions of section 32 do not apply and the whole or any part of its income is exempt from tax under the Income-tax Act,
  13. 13. Continue (c) where the employer is individual or a Hindu Undivided Family, the tax payable on the establishment. (d) any rebate which the employer receives on the export of goods or merchandise. (e) no account shall be taken of any rebate (other than development rebate or development allowance) or credit or relief or deduction in the payment of any direct tax.  The ‘rebate or relief’ in the payment of any direct tax in order to fall within the purview of sections 7(e) of the act must satisfy two conditions: I. It must be a rebate or relief “allowed under any law for the time being in force relating to direct taxes or under the relevant annual finance act” and II. It must be a relief or rebate for the development of any industry.
  14. 14. Eligibility Sec.8  Sec 8 lays down that every employee shall entitled to be paid by his employer bonus, for every accounting year, if he has worked for at least 30 working days in that year  Employees of the general insurance companies, LIC, Central/State Government establishments, Indian Red Cross Society, Universities and Educational Institutions, Hospitals, Chambers of Commerce, Reserve Bank of India, Industrial Finance Corporation of India, Unit Trust of India, Social Welfare Institutions, Local Bodies, etc. are not entitled to bonus under the Act. What they are paid as bonus, is ex-gratia payment.  NOTE: - It is not necessary that 30 days of work shall be a continuous period. An Employee suspended but subsequently reinstated with full back wages cannot be treated to be ineligible for bonus for the period of suspensions.
  15. 15. Disqualification for Bonus Sec.9  Section 9 lays down that an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for— (a) fraud; or (b) riotous or violent behavior while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment.
  16. 16. Payment of Minimum Bonus Sec.10  Section 10 lays down about the minimum bonus which an employer is required to pay even if he suffers losses during the accounting year or there is no allocable surplus (except in case of new establishments), is 8.33% of the salary or wages of the employee during the accounting year.  Rs. 100 in case of employees above 15 years and Rs 60 in case of employees below 15 years, whichever is higher.
  17. 17. Payment of Maximum Bonus Sec.11  Section 11 lays down that if in any accounting year, the allocable surplus exceeds the amount of minimum bonus, the employer shall pay bonus in proportion to the salary or wages earned by the employee during that accounting year, subject to a maximum of 20% of such salary or wages.
  18. 18. Bonus Calculation in General Case  Bonus= basic salary +DA*12*8.33% For example If Basic salary is 8000 and DA 1500 So. Bonus = 8000+1500*12*8.33/100 = 9500*12*8.33/100 = 114000*8.33/100 = 9496.2 RS. Annual Bonus Note: The rate will be negotiated and the rate affordable to the company will be declared.
  19. 19. Month/ Year Salary ( Basic+DA) Salary limited for the purpose of bonus April 2016 15500-00 7000-00 May 2016 16000 -00( loss of pay of 3 days) 6322-58 June 2016 17300-00 7000-00 July 2016 18300-00 7000-00 Aug 2016 18300-00 7000-00 Sep 2016 19700-00 7000-00 Oct 2016 19700-00 7000-00 Nov 2016 20900-00 7000-00 Dec 2016 21200-00 NOT ELIGIBLE Jan 2017 19900-00(loss of pay of 4 days) NOT ELIGIBLE Feb 2017 21200-00 NOT ELIGIBLE March 201 21200-00 NOT ELIGIBLE Total 55322.58 Bonus Payable = 56000*8.33% = 4608.37 Annual Bonus ANNUAL BONUS CALCULATIO Nyou call it loss of pay or leave without pay both are same.when an individual does not have leave balance in his account and he has given permission to remain absent. so this absence is authorised one . no limit is there for loss of pay leaves ,depend upon company.
  20. 20. Calculation of bonus with respect to certain employees Sec.12  Where the salary or wage of an employee exceeds 20 [three thousand and five hundred rupees] per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were 20 [three thousand and five hundred rupees] per mensem.
  21. 21. Proportionate reduction in bonus in certain cases Sec.13  Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent. of his salary or wage for the days he has not worked in that accounting year, shall be proportionately reduced
  22. 22. Computation of number of working days Sec.14  For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which— (a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (b) he has been on leave with salary or wage; (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (d) the employee has been on maternity leave with salary or wage, during the accounting year
  23. 23. SET ON Sec.15  Where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 11, then, the excess shall, subject to a limit of 20% of the total salary or wages of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilized for the purpose of payment of bonus.
  24. 24. SET OFF  Where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of bonus payable to the employees, in the establishment under section 10 and there is no amount or sufficient amount carried forward and set on which could be utilized for the purpose of payment of the minimum bonus, then such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year.
  25. 25. SET ON & SET OFF  In calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account.  The allocable surplus so computed is distributed amongst the employees in proportion to salary or wages received by them during the relevant accounting year. &
  26. 26. Special provisions with respect to certain establishments (Sec.16)  1A-In the first five accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services as the case may be, bonus shall be payable only in respect of the accounting year in which the employer derives profit and such bonus shall be calculated in accordandance with the provisions of the act.  1B-For Sixth and seventh accounting years in which the employer sells the goods produced or manufactured by him or render services taking into account the excess or deficiency, if any as the case may be, of the allocable surplus set on or set off in the year fifth and sixth accounting years.  1C-From the eighth accounting year Sec.15 shall apply – (a) he has made provisions for that year's depreciation to which he is entitled under the IT Actor as the case may be under the agricultural income tax law (b) the arrears of such depreciation and losses incurred by him in respect of the establishment for the previous accounting years have been fully set off against his profits
  27. 27. Adjustment of customary or interim bonus payable under the Act Sec.17  Where in any accounting year— (a) an employer has paid any puja bonus or other customary bonus to an employee; or (b) an employer has paid a part of the bonus payable under this Act to an employee before the date on which such bonus becomes payable, then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this Act in respect of that accounting year and the employee shall be entitled to receive only the balance.
  28. 28. Deduction of certain amounts from bonus payable under the Act Sec.18  Where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this Act in respect of that accounting year only and the employee shall be entitled to receive the balance, if any.
  29. 29. Time Limit for Payment Sec.19  Payment of bonus pending before any authority under section22 within a month from the date on which the award becomes enforceable or the settlement comes into operation.  The bonus should be paid in cash within 8 months from the close of the accounting year or within one month from the date of enforcement of the award or coming into operation of a settlement following an industrial dispute regarding payment of bonus.  Bonus is payable only annually.
  30. 30.  If in any accounting year an establishment in public sector sells any goods produced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both is not less than twenty per cent. of the gross income of the establishment in public sector for that year, then, the provisions of this Act shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector.  Save as otherwise provided in sub-section: nothing in this Act shall apply to the employees employed by any establishment in public sector. Application of Act to establishments in public sector in certain cases Sec.20
  31. 31.  Where any money is due to an employee by way of bonus from his employer under a settlement or an award or agreement, the employee himself or any other person authorized by him in writing in this behalf, or in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government or such authority as the appropriate Government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue.  Provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer.  Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period. Recovery of bonus due from an employer (Sec. 21)
  32. 32.  Where any dispute arises between an employer and his employees with respect to the bonus payable under this Act or with respect to the application of this Act to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), or of any corresponding law relating to investigation and settlement of industrial disputes in force in a State and the provisions of that Act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly. Reference of disputes under the Act Sec.22
  33. 33.  Where any dispute of the nature specified in section 22 between an employer, being a banking company, and its employees has been referred to the said authority under that section and during the course of proceedings the accounts of the banking company duly audited are produced before it, the said authority shall not permit any trade union or employees to question the correctness of such accounts, but the trade union or the employees may be permitted to obtain from the banking company such information as is necessary for verifying the amount of bonus due under this Act.  Nothing contained in sub-section (1) shall enable the trade union or the employees to obtain any information which the banking company is not compelled to furnish under the provisions of section 34A of the Banking Regulation Act, 1949 Audited accounts of banking companies not to be questioned. Sec.24
  34. 34. • Every employer shall prepare and maintain such registers, records and other documents in such form and in such manner as may be prescribed. Maintenance of registers, records: Sec.26 • The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and may define the limits within which they shall exercise jurisdiction. An Inspector appointed under sub-section • it may, for the purpose of ascertaining whether any of the provisions of this Act has been complied with- (a) require an employer to furnish such information as he may consider necessary; Inspectors :Sec27
  35. 35.  (b) at any reasonable time and with such assistance, if any, as he thinks fit, enter any establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of salary or wage or bonus in the establishment;  (c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be or to have been an employee in the establishment;  (d) make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment;  (e) exercise such other powers as may be prescribed.  Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).  Any person required to produce any accounts, book, register or other documents or to give information by an Inspector under sub-section (1) shall be legally bound to do so.  Nothing contained in this section shall enable an Inspector to require a banking company to furnish or disclose any statement or information or to produce, or give inspection of, any of its books of account or other documents, which a banking company cannot be compelled to furnish, disclose, produce or give inspection of, under the provisions of section 34A of the Banking Regulation Act, 1949
  36. 36. Offences And Penalties Sec .28  For contravention of the provisions of the Act or rules the penalty is imprisonment up to 6 months, or fine up to Rs.1000, or both.  For failure to comply with the directions or requisitions made the penalty is imprisonment up to 6 months, or fine up to Rs.1000, or both.  In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal officer responsible for the conduct of its business, shall be deemed to be guilty of that offence, unless the person concerned proves that the offence was committed without his knowledge or that he exercised all due diligence.
  37. 37. • No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. Protection of action taken under the Act Sec31
  38. 38. Nothing in this Act shall apply to— • employees employed by the Life Insurance Corporation of India; • seamen as defined in clause (42) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); • employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), and employed by registered or listed employers; • employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or a State Government or a local authority; employees employed by— (a) the Indian Red Cross Society or any other institution of a like nature (including its branches); (b) universities and other educational institutions; (c) institutions (including hospitals, chambers of commerce and social welfare institutions) established not for purposes of profit; Act not to apply to certain classes of employees. Sec32
  39. 39. • employees employed by the Reserve Bank of India; • employees employed by- (a) the Industrial Finance Corporation of India; (b) any Financial Corporation established under section 3, or any Joint Financial Corporation established under section 3A, of the State Financial Corporations Act, 1951 (c) the Deposit Insurance Corporation; (d) the National Bank for Agriculture and Rural Development;] (e) the Unit Trust of India; (f) the Industrial Development Bank of India; (fa) the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989;] (ff) the National Housing Bank (g) any other financial institution • employees employed by inland water transport establishments operating on routes passing through any other country. Continue
  40. 40. • If the appropriate Government, having regard to the financial position and other relevant circumstances of any establishment or class of establishments, is of opinion that it will not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the Official Gazette, exempt for such period as may be specified therein and subject to such conditions as it may think fit to impose, such establishment or class of establishments from all or any of the provisions of this Act. Power of exemption Sec.36
  41. 41. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the authority for granting permission under the proviso to sub-clause (iii) of clause (1) of section 2; (b) the preparation of registers, records and other documents and the form and manner in which such registers, records and documents may be maintained under section 26; (c) the powers which may be exercised by an inspector under clause (e) of sub-section (2) of section 27; (d) any other matter which is to be, or may be, prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days Power to make rules.Sec.38
  42. 42. Calculation of the Statutory Bonus  Statutory Bonus means bonus payable as per statute, i.e., the Payment of Bonus Act. As per the Act, an amount equal to 8.33% of the Basic + Dearness allowance paid to an employee who is eligible for bonus is to be paid irrespective of availability of surplus or profit. Therefore, 8.33% is the statutory minimum bonus payable. However, depending upon availability of profit, the employer shall pay bonus subject to a maximum of 20%.  The Payment of Bonus Act, 1965, gives to the employees a statutory right to a share in the profits of his employer. Prior of the Act some employees used to get bonus but that was so if their employers were pleased to pay the same.
  43. 43. Continue  Payment of bonus act 1965 all the confirmed employees whose basis is less than or equal to 21000/- per month is eligible for statutory bonus @ rate of 8.33% of Basic pay.  The Act enables the employees to get a minimum bonus equivalent to one month's salary or wages (8.33% of annual earnings) whether the employer makes any profit or not.  But the Act also puts a ceiling on the bonus and the maximum bonus payable under the Act is equivalent to about 2 ½ months' salary or wage (20% of annual earnings).
  44. 44. Meaning of the Available Surplus  Available Surplus = Gross Profit [as per section 4] – Depreciation admissible u/s 32 of the Income tax Act - Development allowance  Calculate the gross profit in the manner specified in  First Schedule, in case of a banking company, or  Second Schedule, in any other case.
  45. 45. Calculate The Available Surplus  Available Surplus = Gross Profit 1.) – Depreciation admissible u/s 32 of the Income tax Act 2.) - Development allowance 3.) - Direct taxes payable for the accounting year 4.) – Sums specified in the Third Schedule 5.) + Direct Taxes in respect of gross profits for the immediately preceding accounting year 6.) – Direct Taxes in respect of such gross profits as reduced by the amount of bonus, for the immediately preceding accounting year.
  46. 46. Formula Of Available Surplus 1. Direct taxes payable for the accounting year (calculated as per sec-7)- sums specified in the third schedule. 2. Direct taxes (calculated as per sec-7) in respect of gross profit for the immediately preceding accounting year. 3. Allocable surplus = 60% of available surplus, 67% in case of foreign companies. 4. Make adjustment for „set on‟ and „set off ‟ for calculating the amount of bonus in respect of an accounting year.

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