रजिस्ट्री सं ० डी० 221
REGISTERED NO . D. 221
भारत का राजपत्र
The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग II-ख०ड 2
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 63]
No.
नई दिल्ली, सोमवार, नथःवर 27 , 1972 / अग्रहायण 6, 1894 63 ] NEW DELHI, MONDAY, NOVEMBER 27, 1972 /AGRAHAYANA 6, 1894
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 27th Novem- ber, 1972 ; -
BILL NO . 107 OF 1972
A Bill further to amend the Payment of Bonus Act, 1965.
BE it enacted by Parliament in the Twenty - third Year of the Republic of India as follows:-
1. This Act may be called the Payment of Bonus (Amendment ) Act , Short 1972 .
title.
21 of 1965, 2. In the Payment of Bonus Act , 1965 ( hereinafter referredto as the principal Act) , section 10 shall be re-numbered as sub - section (1 ) there of, and- ا
Amend- ment of section 10.
(i) in sub-section ( 1 ) as so re -numbered , in the proviso , for the words " this section " , the words " this sub - section " shall be substitu- ted;
(ii ) after sub - section ( 1 ) as so re - numbered, the following sub- section shall be inserted, namely:-
'(2) Notwithstanding anything contained in sub - section (1) , but subject to the provisions of sections 8 and 13, every em- ployer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1971 a minimum bonus which shall be eight and one- third per cent. of
( 1173 ) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 1174
the salary or wage earned by the employee during that account- ing year or eighty rupees , whichever is higher , whether there are profits in that accounting year or not :
Provided that where such employee completed fifteen years of age at the beginning of that accounting year , the provisions of this sub - section shall have effect in relation to such employee as if for the words " eighty rupees " , the words " fifty rupees" were substituted .' .
3. To section 13 of the principal Act, the following proviso shall be added , namely: -
Amend- ment of section 13 .
'Provided that in respect of the accounting year commencing on any day in the year 1971 , the provisions of this section shall have effect as if for the words " forty rupees " , " twenty- five rupees " and "four per cent . " , the words " eighty rupees " , " fifty rupees " and "eight and one- third per cent . " respectively were substituted.' .
4. Section19 of the principal Act shall be re - numbered as sub - section (1 ) thereof, and-
Amend- ment of section 19 .
(i) in sub - section ( 1) as so re - numbered , for the words " All amounts" , the words " Subject to the provisions of this section , all amounts " shall be substituted ;
( ii ) after sub - section ( 1 ) as so re - numbered , the following sub- sections shall be inserted , namely :-
' (2) Where the percentage of the salary or wage of an em- ployce payable by way of bonus under this Act (including sec- tion 34) in the accounting year commencing on any day in the year 1971 is the same as that paid or payable by way of bonus under this Act ( including section 34) to such employee in res- pect of the accounting year immediately preceding the afore- said accounting year , the entire amount payable to such ployee in the first mentioned accounting year shall be paid in cash within the time- limit specified in sub -section (1 ) . em-
(3) Where the percentage of the salary or wage of an em- ployee pavable by way of bonus under this Act ( including section 34) in the accounting year commencing on any day in the year 1971 is higher than that paid or payable by way of bonus under- this Act ( including section 34) to such employee in respect of the accounting year immediately preceding the aforesaid accounting year, so much of the amount calculated with reference to the difference in such percentages shall be remitted by the employer to the authority maintaining the provident fund account of such employee for crediting the same in that account and the balance shall be paid in cash to the employee, within the time- limit specified in sub -section (1 ) :
Provided that where any employee enters into the service of an emplover only during the accounting year commencing on any day in the year 1971 , then , for the purposes of this sub- section , the percentage of bonus payable to such employee in cash and that to be remitted for crediting in his provident fund account shall be 2]
THE GAZETTE OF INDIA EXTRAORDINARY
11 75
the same as in the case of employees of that employer who were in his service in the accounting year immediately preceding the aforesaid accounting year .
(4) Notwithstanding anything contained in sub - sections ( 2 ) and ( 3 ) , where the percentage of the salary or wage of an em- ployee payable by way of bonus under this Act ( including section 34 ) in respect of the accounting year cominencing on any day in the year 1971 does not exceed the minimum bonus calcuiated in accordance with the provisions of sub - section ( 2) of section 10 or of the provisoto section 13 , as the case may be, the entire amount shall be paid in cash .
(5) Where any employee has no provident fund account, the provisions of sub - sections (3 ) shall not apply to such employee and the amount payable to him by way of bonus under this Act (including section 34 ) shall be paid in accordance with the provi- sions of sub - section ( 1 ) .
(6) Where any employer remits any amount for crediting in the provident fund account of an employee under sub - sec- tion ( 3 ) ,
(i) the employer shall be deemed to have discharged his liability to pay the balance amount of bonus to such em- ployee; and
(ii) the amount so remitted shall be deemed to be a con- tribution made by such employee in his provident fund account notwithstanding the fact that such amount together with the contribution that is being made by such employee for crediting in his provident fund account exceeds the maximum permissible contribution, if any, that may be made by him for crediting in the said account .
46 of 1948 .
19 of 1952 .
Explanation . For the purposes of sub - sections (3 ) and ( 6) , the expression " provident fund account " , in relation to an em- ployee, means the individual provident fund account of such employee maintained under the Coal Mines Provident Fund , Family Pension and Bonus Scheines Act , 1948 and the schemes framed thereunder or the Employees ' Provident Funds and Family Pension Fund Act, 1952 and the schemes framed thereunder or under any other law for the time being in force or maintained by such authority as may be specified by the Central Government in this behalf by notification in the Official Gazette , as the case may be.
46 of 1948,
19 of 1952.
(7) The provisions of the Coal Mines Provident Fund , Family Pension and Bonus Schemes Act, 1948 and the Employees ' Pro- vident Funds and Family Pension Fund Act , 1952 shall , so far as may be, apply in relation to the remittances to be made by an employer under sub -section (3 ) as they apply in relation to the contributions to be made by such employer under the aforesaid Acts .' .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
1176
5. (1 ) The Payment of Bonus (Amendment ) Ordinance, 1972 is hereby 8 of 1972. repealed.
Repeal and Saving.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as anaended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on the 23rd September , 1972 .
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
1177
STATEMENT OF OBJECTS AND REASONS
The Government of India, by their Resolution No. U - 23018 / 1 / 72 - WB , dated the 28th April , 1972 , constituted a Committee known as the Bonus Review Committee to review the operation of the Payment of Bonus Act, 1965. The Committee submitted on 13th September , 1972 , their interim findings on the terms of reference relating to the raising of the minimum bonus payable under the Act , in two separate reports . After considering the reports , the Government decided inter alia that--
( i) the statutory minimum bonus payable to workers covered by the Payment of Bonus Act, 1965, may be 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 may be made in full in cash to all persons covered by the Payment of Bonus Act , 1965, up to 8-1 / 3 per cent . Where payments more than 8-1 / 3 per cent. are to be made during the said accounting year the positive , i.e. , plus difference , if any , between the payments to be made during the said accounting year and the pay- ments made during the accounting year 1970-71 ( where they were in excess of 8-1 / 3 per cent .) should be deposited into the provident fund account of the beneficiaries .
An Ordinance , namely , the Payment of Bonus (Amendment) Ordi- nance, 1972 , was promulgated by the President under clause ( 1) of article 123 of the Constitution on 23rd September , 1972 to give effect to the above decisions . This Bill seeks to replace the Ordinance.
2. In the Bill , it has been made clear that only so much of the bonus payable to an employee during the accounting year 1971-72 as is attribu- table to an increase in the percentage of salary or wage declared as bonus by the employer for that year as compared with the preceding accounting year ( 1970-71 ) will be credited to the provident fund account of the em- ployee . It has further been provided that the employees who were not in the service of the employer in the accounting year 1970-71 but are in the service of the employer in the accounting year 1971-72 will be treated at par with the old employees , that is to say , there will be uniformity in the proportion of bonus paid in cash and that to be remitted for deposit in the provident fund account in respect of the new and old employees .
R. K. KHADILKAR.
NEW DELHI;
The 19th November , 1972 .
[PART 11- THE GAZETTE OF INDIA EXTRAORDINARY
1178
BILL NO . 101 OF 1972
A Bill to authorise Payment and appropriation of certain further sums from and out of the consolidated fund of India for the services of the financial year 1972-73 .
BE it enacted by Parliament in the Twenty- third Year of the Republic of India as follows:-
1. This Act may be called the Appropriation (No. 5) Act , 1972 . Short title.
2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of three hundred and 88,000 nine crores , seventy-six lakhs and eighty -eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1972-73, in respect of the services specified in column 2 of the Schedule .
Issue of Rs . 309,76, out of th dans Fund of Consoli- India for the year 1972-73.
Appro- priation .
3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
SEC . 21
THE GAZETTE OF INDIA EXTRAORDINARY
1179
THE SCHEDULE
(See sections 2 and 3 )
I
2
Services and purpose 3
Sums not exceeding
Voted by Par-
liament
No. of Vote
5 Defence Services , Non- effective
Ministry ofFinance
39 Department of Personnel
Industries
53
Total Charged on the Consolidated Fund
Rs .
8 .
Rs .
3,000
3,000
4,000
4,000
1,000
1,000
2,16,79,000
2,16,79,000 1
63 Department of Rehabil tation
100
Supplies and Disposals
113 Loans and Advances by the Central Government
1,000
1,000
1,06,000
1,06,000
2,18,00,000
129
2,52,18,00,000 2,50,00,00,000
48,51,93,000
48.51,93,000
Other Capital Outlay of the Ministry of Steel and Mines
131 Other Capital Outlay of the Ministry of Tour'sm and Civil Aviation
6,89,00,000
136 Cap , tal Outlay on Posts and Telegraphs (Not met from Revenue)
TOTAL
6,89,00,000
1,000
1,000
3,09,76,88,000 2,50,01,14,000
59575,74,000 1180
[PART II- THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 ( 1 ) of the Constitu- tion of India , read with article 115 thereof, to provide for the appropria- tion out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government , excluding Railways , for the financial year 1972-73 .
K. R. GANESH .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F. 5( 18) -B/ 72 , dated the 10th November , 1972 , from Shri K. R. Ganesh , Minister of State in the Ministry of Finance to the Secretary , Lok Sabha . ]
The President having been informed of the subject matter of the pro- posed Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the year ending on the 31st day of March , 1973 , recommends the in- troduction of the Appropriation ( No. 5) Bill , 1972 in the Lok Sabha and also recommends to the Sabha the consideration of the Bill under article 117 (1 ) and ( 3 ) of the Constitution read with article 115 thereof.
2. The Bill will be introduced in the Lok Sabha after all the Supple- mentary Demands for Grants for 1972-73 have been voted .
1181 THE GAZETTE OF INDIA EXTRAORDINARY
Sac. 2]
BILL NO . 108 OF 1972
A Bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of India to meet the amounts spent on certain services during the financial year ended on the 31st day of March 1971 , in excess of the amounts granted for those services and for that year .
BE it enacted by Parliament in the Twenty- third Year of the Republic of India as follows:-
1. This Act may be called the Appropriation ( No. 6) Act , 1972 .
Short title.
2. From and out of the Consolidated Fund of India, the sums specified Issue of in column 3 of the Schedule amounting in the aggregate to the sum of fifty-five crores , fifty- four lakhs , six thousand, two hundred and sixteen 06,216 rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the ser- dated vices specified in column 2 of the Schedule during the financial year ended on the 31st day of March , 1971 , in excess of the amounts granted for those services and for that year .
out of the Rs. 55,54, Consoli- Fund of India to meet certain excess expendi- ture for the year endedon the31st March, 1971 .
1182
THE GAZETTE OF INDIA EXTRAORDINARY
[РАНТ П-
Appropria- tion .
3. The sums deemed to have been authorised to be paid and applied from and out of the Consolidated Fund of India under this Act shall be deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ended on the 31st day of March, 1971 THE GAZETTE OF INDIA EXTRAORDINARY
Src. 2 ]
1183
THE SCHEDULE
(See sections 2 and 3)
I
2
3
Excess
No. of Vote
Services and purposes
Total
Voted portion
Charged portion
Rs.
Rs .
Re.
3,12,480
3,12,480 I Ministry of Defence.
2 Defence Services Effective-Army 16,21,33,723
16,21,33,723
Defence Services , Effective-Air Force
4
4,01,43,088
4,05,43,088
6 Ministry of Education and Youth Services
26,501
26,501
85.927
85,027 Archaeology
4.12,197
4,18,197
14 Ministry of Finance .
25 Other Revenue Expenditure of the Ministry of Finance
33.71,060
Γ33,71,060
1,62,32,272
Interest on Debt and Other Obligations andReduction or Avoidance of Debe .
1,68,8,872
1,40,062 34 Ministry of Foreign Trade ,
1,40,962
Public Works
39
2,08,063
4,92,71,770
4.94.79.833
5.67.599 Ministry of Home Affairs
5,67.599
42
10,449
10,449 43 Cabinet
45 Police
84.32,443
34.38,443
48 Privy Purses and Allowances of Indian Rulers
2725
27,825
3,05,877
305,877 51 Chandigarh
Tribal Areas
53
49,81,077
49,81,977
2,33,505 54 Dadra andNagar Haveli Area
1,33,505
61 Ministry of Information and Broadcasting 10,818
73
7,91,172 Other Revenue Expenditure of the Ministry of Law
7,91,372
4.24.893 77 Ministry of Shipping and Transport
4,24,293
78 Roads
1,34.74.536
1,34,74,536
89 Aviation .
06,115
9,06,115
1,169
95 Posts and Telegraphs-Working Ex- penses .
1,169 THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11-
1184
2
I
3
Excess
Services and purposes
No. of Vote
Votedportion
Total
Charged portion
Ks .
Rs .
Rs .
96 Posts and Telegraphs Dividend to General Revenues , Appropriations to Reserve Funds and Repayment of Loansfrom General Revenues
7,76,29,884
7,76,29,884
105 Defence Capital Outlay
4,87,25,688
4,87,25,688
119 Purchase of Foodgrains and Fertilisers
11,90,25,875
11,90,25,875
14,11,019
21,53,445
35,64,464
119 Delhi Capital Outlay .
62,335
62,335
127 Capital Outlay of the Ministry of Labour , Employment and Rehabilitation
1,37,868
Capital Outlay on Roads
1,37,868
129
Capital Outlay on Ports
3,22,542
130
3,22,542
137 OtherCapital Outlay of theDepartment of Communications
34,31,539
34,31,539
TOTAL
53,70,93,283 1,83,12,933 55,54,06,216 SEC. 21
THE GAZETTE OF INDIA EXTRAORDINARY
1185
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 ( 1 ) of the Constitu- tion of India, read with article 115 thereof, to provide for the appropria- tion out of the Consolidated Fund of India of the moneys required to meet the expenditure incurred in excess of the appropriations charged on the Fund and the Grants made by the Lok Sabha for expenditure of the Central Government , excluding Railways , for the financial year ended on the 31st day of March, 1971 .
K. R. GANESH
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
「Copy of letter No. F. 5 ( 19 ) -B / 72 , dated the 21st November , 1972 from Shri K. R. Ganesh , Minister of State in the Ministry of Finance to the Secretary , Lok Sabha . ]
The President having been informed of the subject matter of the pro- posed Bill to provide for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services during the financial year ended on the 31st day of March , 1971 , in excess of the amounts granted for the said services and for that year recommends under clauses (1) and ( 3) of article 117 of the Constitution read with sub -clause ( 2) of article 115 thereof, the introduction of the Appropriation (No. 6) Bill , 1972 , in the Lok Sabha and also recommends to the Lok Sabha the consideration of the Bill .
S. L. SHAKDHER , Secretary.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1972