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Bonus Amendment 2012

anirudhkishor Started The Discussion:

Dear All


Please find the new bonus amendment 2012 and reply whether the salary ceiling and eligibility limit had already withdrawn or not???

Urgent....pls reply soon

Best Regards
Anirudh


THE PAYMENT OF BONUS (AMENDMENT) BILL, 2012
A
BILL
further to amend the Payment of Bonus Act, 1965.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Payment of Bonus (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In Section 2 of the Payment of the Bonus Act, 1965 (hereinafter referred to as the
principal Act) in Clause (13), the words "not exceeding ten thousand rupees per mensem"
shall be omitted.
3. Section 12 of the principal Act shall be Omitted.
Short title and
commencement.
Bill No. XXX of 2012
Omission of
Section 12.

AS INTRODUCED IN THE RAJYA SABHA ON THE 9TH AUGUST, 2012 Amendment
of Section 2. 21 of 1965. 5

STATEMENT OF OBJECTS AND REASONS
The Bill proposes to amend definition of "employees" as given in sub-section (13) of Section 2 of the Payment of Bonus Act, 1965 which entitles only those employees for
getting bonus by his employer who are employed on a salary or wage not exceeding ten
thousand rupees per mensem.
Moreso, section 12 prescribes the limit of three thousand five hundred rupees per
mensem for calculation of bonus with respect to the employees.
In today's world of money inflation, high prices and salaries, imposing ceiling on the
wages for denying bonus to the employees is totally unjust. At least all the workers should
be entitled to get the bonus irrespective of their salary or wages under the Payment of
Bonus Act.
The Bill proposing amendment to section 2 and section 12 of the Act seeks to achieve
the aforesaid objectives.
Hence this Bill.

RAMA CHANDRA KHUNTIA
2
3
FINANCIAL MEMORANDUM
Clauses 2 and 3 of the Bill seek to amend clause (13) of section 2 and omit section 12
respectively of the Payment of Bonus Act, 1965 by omitting the eligibility limit of Rupees ten thousand per mensem for payment of bonus and the limit of Rupees three thousand five hundred per mensem for calculation of bonus as prescribed by the Payment of Bonus
(Amendment) Act, 2007.

2. The Bill, if enacted shall entail additional expenditure on this account to the tune of
Rs. 1000 crore per annum which shall be met from the consolidated fund of India.
3. The Bill does not involve any other recurring or non-recurring expenditure.
4
ANNEXURE
EXTRACTS FROM THE PAYMENT OF BONUS ACT, 1965
(21 OF 1965)
* * * *
2. In this Act, unless the context otherwise requires,—
* * * *
(13) "Employee" mean any person (other than an apprentice) employed on a salary or
wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or
skilled manual, supervisory, managerial, administrative, technical or clerical work for hire or
reward, whether the terms of employment be express or implied;
* * * *
12. Where the salary or wage of an employee exceeds three thousands and five 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 three thousand and
five hundred rupees per mensem.
* * * *
Definitions.
Calculation of
bonus with
respect of
certain
employees.
RAJYA SABHA
—————
A
BILL
further to amend the Payment of Bonus Act, 1965.
—————
(Shri Rama Chandra Khuntia, M.P.)
MGIPMRND—2092RS(S3)—09-08-2012.


Attached FilesProvided by community member anirudhkishor. Join us to learn and grow with your peers.
File Type: pdf BONUS ACT NEW AMMENDMENT 2012.pdf (16.3 KB, 2448 views)
skgiridhar - Contributing Member
Dear Anirudh, Go through the link http://www.citehr.com/432679-dussehra-bonus.html wherein you will find the entire discussion and attachments on the subject matter. Thanks

Dear Giridhar

Thanks for your prompt response

I had checked the same...and the amendment mentioned by you was happened 2 years before.

I had posted the amendment details notified just one month before(ie 9th August 2012) and it is a clear government notification.So I just want to know whether the same is a just a proposal or the bill had passed into force currently

Regards
Anirudh

Bharghavi.D - Contributing Member
Dear Anirudh,

We still donot have any official communication regarding the implementation of the Bill... It is still a proposal...not enforced yet..

It is a bill and not an act..
A bill when approved and passed becomes an act.. Your attachment clearly mentions the bill no. Refer once again..

So, you need not change anything right now,...it is yet to be passed in the Rajya Sabha.. It takes time..

Regards,
Bharghavi

I have big confusion on Bonus Act as it is indicating the minimum bonus ought to pay @ 8.33% on employee earnings. Whereas in some other clause the minimum bonus can payable Rs. 3,500/- who are earning salary/wage more than Rs. 3,500/- per mensem. Can anybody clarify. I am assuming in the case of setoff the minimum bonus is payable either 8.33% or 3,500/-. In set on case the minimum bonus ought to be payable 8.33%...!

- prathap

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