REGISTERED NO. D. 221

The Gazette of India

EXTRAORDlNARY

PART II-Section 2

PUBLISHED BY AUTHORITY

No. 63]

NEW DELHI, MONDAY, NOVEMBER 27, 1972/AGRAHAYANA 6,1894

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

as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 27th Novem-

ber, 1973; —

BILL N O . 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,

1872.

2. In the Payment of Bonus Act, 1965 (hereinafter referred to as the

principal Act), section 10 shall be re-numbered as sub-section (1) there-

of, and—

(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

21 of 1965.

Short

title.

Amend-

ment of

section

10.

(

1173

)

1174

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT 11^

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

I^B I ^ I

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.¹.

3. To section 13 of the principal Act, the following proviso shall be

added, namely: —

'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. Section 19 of the principal Act ,^hall be re-numbered as sub-section

(1) thereof, and—

(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-numbcred, the following sub-

sections shall be inserted, namely: —

' (2) Where the percentage of the salary or wage of an em-

ployee 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 samo 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

em-

ployee in the first mentioned accounting year shall be paid in

c;ish within the time-limit specified in sub-section (1).

(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 the accounting year commencing on any day in the year

1P71 is higher than that paid or payable by way of bonus under-

this Act (including section 34) io such employee in respect of the

accounting year immediately preceding the aforesaid accounting

year, so much of the amount calculated with reference

to the

difforpncp 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 b<? paid in ensh to the employee, within the

time-limit

specified in sub-section (1):

Provided that where any employee enters into the service of

an employer 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

Amend-

ment of

iection ]3

Amend-

ment of

section 19.

THE GAZETTE OF INDIA EXTRAORDINARY

II 75

the same as in the casse of employees of that employer who were

in his service in the accounting year immediately preceding the

aforesaid accounting year.

(4) Notwithstanding anytliing contained in sub-sections (2)

and (3), where the peicentage 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 commencing on any day in

the year 1971 does not exceed the minimum bonus calculated in

accordance with the provisions of sub-section (2) of section 10 or

of the proviso to 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 01 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 iact 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, it any, that may be made

by him for crediting in the said account.

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 Schemes 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.

(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.'.

46 of 1948.

IB of 1952.

46 of 1948.

19 of. 1952,

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDlNARY

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

interim¹ 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

(zi) 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 01 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 thei 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 DEUH;

The) 19th November, 1972.

1178

THE GAZETTE OF INDIA EXTRAORDlNARY

[PABT II-

BILL No.

101 OP

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.

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

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.

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.

Short

title.

issue of

Ha. 309,76,

88,000

out of tih

Consoli-

dated

Fund of

-ndia for

the year

1972-73.

Appro-

priation

SKO. 11

THE GAZETTE OF INDIA EXTRAORDINARY

1179

THE SCHEDULE

(See sections 2 and 3)

No.

Vote

1 0 0

113

129

131

136

Services and purpose

Defence

Services, Non-

effect; ve

Ministry of Finance •

Department of Personnel

Industries

Department of Rehabil ution

Supplies and Disposals

Loans and Advances by the

Central Government

Other Capital Outlay of trie

1 Min'stry of Steel and M'ncs

1 Other Capital Outlay of the

Min'stry of Toursm and

C'vli Aviation

Cap.tal Outlay on Posts and

Telegraphs (Not met from.

Revenue}

TOTAL

Sums not exceeding

Voted by Par-

Charged on the

liament

Consolidated

Fund

Rs.

2,16,79,000

1,000

, ,

2,18,00,000

48,51,93>OOO

6,89,00,000

1,000

59>75)74>CJOO

Rs.

3,000

4,000

1,000

1,06,000

2, $0,00,00,000

2,50,01,14,000

Total

«.

3*000

4JOOO

IJOOO

2,16,79,000

IiOOO

1,06,000

2,52,18,00,000

48)5¹>93)°oo

6,89,00,000

1,000

3,09,76,88,000

il80

THE GAZETTE OF INDIA EXTEAORDINABY

[PAHT II—

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.

tac. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1181

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.

BK 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.

2. From and out of the Consolidated Fund of India, the sums specified

in column 3 at the Schedule amounting In the aggregate to the sum of

fifty-five crores, fifty-four lakhs, six thousand, two hundred and sixteen

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-

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.

Short

title.

Issue of

Rs. 55,54,

06,216

out of the

Consoli-

dated

Fund of

India to

meet

certain

excess

expendi-

ture for

the year

endecTon

the 31st

March,

1971.

Sic. 2]

THE GAZETTE! OF INDIA EXTRAORDINARY

1183

THE SCHEDULE

(See sections 2 and 3)

No. of

Vote

4«

5 i

Services and purposes

Ministry of D e f e n c e . . . .

Defence Services Effective—Army

Defence Services, Effective—Air Force

Ministry of Education and Youth

Service*

Archaeology

Ministry of Finance .

Other Revenue Expenditure of the

Ministry of Finance

Inttrtst on Dtbt and Othtr ObKtatiom

and Reduction or Avoidanct of Dtbt ,

Ministry of Foreign Trade.

Public Works

Ministry of Home Attain .

. !

Cabinet

Police

Privy Purses an i Allowances of Indian

RukM

Chandigarh

•

Tribal Areas

Dadra and Nagar Haveli Area .

Ministry of Information and BroadcMting

Other Revenue Expenditure of the

Ministry of Law

Ministry of Shipping and Transport

Aviation

Posts and Telegraphs—Working Ex-

penses

Voted

portion

R*.

3.i».4Bo

"Ui.33.733

4,01,43.088

'36,501

85.927

4,i»,i97

r 33,71=060

4»9 ¹»7IJ77O

5*67,599

KM49

>4,3M43

"*, 27= <25

3.0^877

*9.8l,977

a,33.5O5

10,818

7.91.372

4,24.393

9.06,1x5

Excess

Charged

portion

ToUl

R«.

••

1,63,32^72

2,08,061

••

. .

i,i6g

R».

l6,«I,l|,723

4^^],oSt

t*,5ol

4,", 197

3I,7l,o*s

i,6e,»e^72

1,40,962

4^4.79^33

S.67.599

io^49

»4.»«J+43

W»S,«77

r,»i,i72

4*>4^93

[.14.74.f36

1,169

1184

THE GAZETTE OF INDIA EXTRAORDINARY

[PART l i -

No. of

Vote

105

115

119

127

129

130

Services and purpose*

Poets and Telegraphs Dividend to

General Revenues, Appropriations to

Reserve Funds and Repayment of

Loans from General Revenues

Defence Capital Outlay

Purc'iase of Foodgrains and Fertilisers

Delhi Capital Outlay.

Capital Outlay of the Ministry of Labour,

Employment and Rehabilitation

Capital Outlay on Roads

Capital Outlay on Porte

Other Capital Outlay of thcDepartmcnt

of Communication*

TOTAL

Voted portion

Rs.

7,76,29,884

4,87,25,688

11,90,25,875

21,53*445

6a,335

M,3i,539

53.70,93^83

Excess

Cbargad

portion

Ks.

14,11,019

t.37fi68

3J1.S42

••

1,83^3,933

Total

Ri.

7,76,29,884

4,87^5.688

11,90,25*875

35,64^64

63.335

i,37,86»

3*33^43

34.31,53*

55,54.O6^I«

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDlNARY

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

Vhe 31st day of March, 1971.

&. R. GANESH,

"PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

TCopy of letter No. F. 5(19)-B/72, dated the 2lst 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

Vecommends 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 «nd also recommends

^0 the Lok Sabha the consideration of the Bill.

S. L. SHAKDHER,

Secretary.

POTN7 ED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PKBSS, MINTO BOAD^

MITW DELHI AND PUBLISHES BY THE MANAGER OF PUBLICATIONS, D1LHI,

1972