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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No 234] NEW DELHI, THURSDAY, OCTOBER 19, 1972/ASVINA 27, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LABOUR AND REHABILITATION

(Department of Labour and Employment)

RESOLUTION

New Delhi, the 19th October 1972

No. S-33025/23/72-WB.—The Government of India by their Resolution No. U-23018/1/72-WB, dated the 28th April, 1972, constituted the Bonus Review Committee to review the operation of the Payment of Bonus Act, 1965. The composition of the Committee is as follows:—

Chairman

Dr. B. K. Madan.

Members

1. Shri N. S. Bhat. 2. Shri Harish Mahindra. 3. Shri R. P. Billimoria. 4. Shri G. Ramanujam. 5. Shri Satish Loomba. 6. Shri Mahesh Desai. 7. Dr S. D. Punekar.

(1779 )

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2. The Committee have submitted theu interim findings on the terms of reference relating to the laismg of t^e minimum bonus payable under the Act. The findings are contained in two separate reports one signed by the Chairman. Dr. S. D. Punekar, Shn N. S. Bhat and Shrl Harish Mahendra, and the other by Shn H. P. Billimona, Shri Mahesh Desai, Shn G. Ramanujam and Shri Satisn Loomba.

3. After careful consideration of the two reports Government have taken the following action: —

(a) An Ordinance has been promulgated on 23rd September, 1U72 to provide

that:

(i) the statutory minimum of the bonus payable to workers covered by the Payment of Bonus Act is raised from 4 per cent to 8-1/3 per cent for the accounting year commencing on any day in the year 1971; and

(ii) payment be made in full in cash to all persons covered by the Payment of Bonus Act upto 8-1/3 per cejit. Where payments more than 8-1/3 per cent are to be made during the said accounting year tha positive i.e. plus difference, if any, between the payments to be made during the said accounting year and the payments made during the accounting year 1970-71 (where they were in excess of 8-1/3 per cent will be deposited into the provident fund account of the beneflciarie§. (b) Executive instructions have been issued to the effect that pending formal amendment of the Act, public sector establishment which are at present not required to pay bonus by virtue of the provisions in Section 20 of the Payment of Bonus Act should also make payments on the above basis in respect of the accounting year commencing on any day in the year 1971; and

(c) Government .have requested the Central Organisations of Employers to consider advising their constituents not to Insist on recoveries of advances made to the employees in terms of the formula popularly known as the Khadiikar Formula.

4. CoplQs of the Reports submitted by the Bonus Review Committee are being printed and will be made available for sale through the Manager of Publications, in the usual manner.

ORDER

Ordered that a copy of the Resolution be communicated to: —

(1) All State Governments and Union Territories. (ii) All Ministries of the Government of IndiB and Planning Commission, (iii) All India Organisations of Employers and Workers.

Ordered also that the Resolution be published in the Gazetted of India Extra- ordinary for general information.

N. P. DUBE, Add!. Secy.

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