Bonus payment to Employees - Payment of Bonus Act, 1965 - available surplus, calculation, eligibility and Penalty Provisions

The reward for collective good work of employees is being paid in the name of bonus. Definitely profit or loss of any business mainly depends on the performance of its employees.  So they are eligible to receive reward for their hard work and it should be given as per the provisions of law. Payment of bonus Act 1965 had passed to regulate payment of bonus to employees and to avoid any dispute. Highlights of the Provisions of Payment of Bonus Act, 1965 are:

 

 

Computation of Gross Profits - Section 4 of Payment of Bonus Act, 1965

As per Section 4 the gross profits derived by an employer from an establishment in respect of any 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.

 

Computation of available surplus - Section 5 of Payment of Bonus Act, 1965

As per Section 5 the available surplus in respect of any accounting year shall be the gross profits for that year after deducting there from the sums referred to in Section 6.

[(Note: Added by Act 8 of 1969, Section2) Provided that the available surplus in respect of the accounting year commencing on any day in the year 1968 and in respect of every subsequent accounting year shall be the aggregate of -

 

(a)       The gross profits for that accounting year after deducting there from 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 there from 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.

 

Eligibility for Bonus -Section 8 of Payment of Bonus Act, 1965

As per Section 8 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.

 

Calculation of Bonus with respect to certain employees -Section 12 of Payment of Bonus Act, 1965

As per Section 12 where the salary or wage of an employee exceeds one thousand and six 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 one thousand and six hundred rupees per mensem.

 

Proportionate reduction in bonus in certain cases -Section 13 of Payment of Bonus Act, 1965

As per Section 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 worked in that accounting year, shall be proportionately reduced.

 

 

Computation of number of working days - Section 14 of Payment of Bonus Act, 1965

As per Section 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.

 

Recovery of bonus due from an employer - Section 21 of Payment of Bonus Act 1965

As per Section 21 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 authorised 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 made 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.

 

 

Penalty Provisions - Section 28 of Payment of Bonus Act 1965

As per Section 28 - If any person -

(a)       Contravenes any of the provisions of this Act or any rule made there under; or

(b)       To whom a direction is given or a requisition is made under this Act fails to comply with the direction or requisition.

He shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Sums deductible from Gross Profit -Section 6 of Payment of Bonus Act, 1965

As per Section 6 the following sums shall be deducted from the gross profits as prior charges, namely :

(a)       Any amount by way of depreciation admissible in accordance with the provisions of sub-section (1) of Section 32 of the Income-tax Act, or in accordance with the provisions of the agricultural Income-tax law, as the case may be :

Provided that where an employer has been paying bonus of his employees under a settlement or an award or agreement made before the 29th May, 1965, and subsisting on that date after deducting from the gross profits notional normal depreciation, then the amount of depreciation to be deducted under this clause shall, at the option of such employer (such option to be exercised once and within one year from that date) continue to be such notional normal depreciation;

(b)       Any amount by way of [(Note: Subs. by Act 66 of 1980) development rebate or investment allowance or development allowance] which the employer is entitled to deduction from his income under the Income-tax Act ;

(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 the year ;

(d)       Such further sums as are specified in respect of the employer in the [(Note: Ibid) Third Schedule].

 

Calculation of Direct Tax Payable by the Employer - Section 7 of Payment of Bonus Act 1965

As per Section 7 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, namely:

(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 under any law for time being in force relating to direct taxes; 

(ii)       Any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any following accounting year or years under sub-section (2) of Section 32 of the Income-tax Act ;

(iii)     Any exemption conferred on the employer under Section 84 of the Income-tax Act or of any deduction The Orient Tavern which he is entitled under sub-section (1) of Section 101 of that Act, as in force immediately before the commencement of the Finance Act, 1965 (10 of 1965) ;

(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, then, with respect the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that Act ;

(c)       Where the employer is an individual or a Hindu undivided family, the tax payable by such employer under the Income-tax Act shall be calculated on the basis that the income derived by him from the establishment is his only income ;

(d)       Where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of India any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate ;

(e)       No account shall be taken of any rebate [(Note: Subs. by Act 66 of 1980) other than development rebate or investment allowance or development allowance)] or credit or relief or deduction (not hereinafter mentioned in this section) in the payment of any direct tax allowed under nay law for the time being in force relating to direct taxes or under the relevant annual Finance Act, for the development of any industry.

Time limit for payment of Bonus - Section 19 of Payment of Bonus Act, 1965

As per Section 19 all amounts payable to an employee by way of bonus under this Act shall be paid in cash by the employer.

(a)       Where there is a dispute regarding payment of bonus pending before any authority under Section 22, within a month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute;

(b)       In any other case, within a period of eight months from the close of the accounting year:

Provided that the appropriate Government or such authority as the appropriate Government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit ; so, however, that the total period so extended shall not in any case exceed two years.

 

Recovery of bonus due from an employer - Section 21 of Payment of Bonus Act 1965

As per Section 21 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 authorised 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 made 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.

 

Penalty Provisions - Section 28 of Payment of Bonus Act 1965

As per Section 28 - If any person -

(a)       Contravenes any of the provisions of this Act or any rule made there under; or

(b)       To whom a direction is given or a requisition is made under this Act fails to comply with the direction or requisition.

He shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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