REGISTERED No. D. 221
The Gazette of India
EXTRAORDlNARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 77] NEW DELHI, WEDNESDAY, DECEMBER 20, 1972/AGRAHAYANA 29,1894
Separate paging is given to this Part in order that it may be filed
as a separate compilation
21 of 1965.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 20th December, 1972/Agrahayana 29, 1894 (Saka)
The following Act of Parliament received the assent of the President
on the 19th December, 1972, and is hereby published for general informa-
tion:—
THE PAYMENT OF BONUS (AMENDMENT) ACT, 1972
No. 68 OF 1972
[19th December, 1972]
An Act 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,
1972.
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
Short
title.
Amend-
ment of
section
10.
( 909 )
910
THE GAZETTE Off INDIA EXTRAORDINARY
[fcAitt l i -
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
has not
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.'.
Amend-
3. To section 13 of the principal Act, the following proviso shall be
ment of
added, namely: —
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.'.
Amend*
4. Section 19 of the principal Act shall be re-numbered as sub-section
nientoi
(j) thereof, and—
section 19.
(i) in subjection (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 6t 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 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
em-
ployee in the first mentioned accounting year shall be paid in
cash 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
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 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
dre. 1]
THE GAZETTE Ot INDIA EXTRAORDINARY
9II
the same as in the case of employees of that employer who were
in his service in the accounting year immediately preceding th©
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 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 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.
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,
46 of 1948.
Family Pension and Bonus Schemes Act, 1948 and the schemes
framed thereunder or the Employees' Provident Funds and Family
19 of 1952.
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
46 of 1948.
Pension and Bonus Schemes Act, 1948 and the Employees' Pro-
19 of 1952.
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.'.
912
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—SEC. i]
Repeal
5. (1) The Payment of Bbnus (Amendment) Ordinance, 1972 is hereby 8 of 1972.
a n d
repealed.
Saving,
(2) Notwithstanding such repeal, anything done or any action taken
under the principal
Act as amended
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.
K. K. SUNDARAM,
Secretary.
PHlNl'JCl) BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,
H1W MXHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI,
1972