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Dear All,
As per the amendment recently in Bonus act 1965, the minimum rate of bonus has been incresed from 8.33% to 11%, what will haapen if a company does not adhere to this act , what are teh consequencies.
ashish banka

First of all the amendment is in form of a bill only as it has not been passed by the parliament so question of its implementation as of now.
Not following the changes once it becomes a law is an offence and punishable under the law.

Dear Kamal, I am giving an attachment with reflects that the bill has been implemented regards ashish
The Payment of Bonus (Amendment) Bill, 2010

by Khushi Mehta — last modified Nov 12, 2010 12:46 PM

The Payment of Bonus Act, 1965 is the principal act for the payment of bonus to the employees which was formed with an objective for rewarding employees for their good work for the organization. It is a step forward to share the prosperity of the establishment reflected by the profits earned by the contributions made by capital, management and labour with the employees. Recently a Bill has been drafted for further amendment of the Act. This may be enacted by Parliament in the Sixty-first Year of the Republic of India. The Act may be called as the Payment of Bonus (Amendment) Act, 2010 and it shall come in force on such date that the Central Government may notify by the Official Gazette appointed.

Amendments that proposed are as follows: (Please note that the bill is yet to be placed in the Parliament)

Amendment in Section 2 of the Act: It is proposed to make amendment in Section 2 clause 13 which defines “employee” and who can be covered under the Act. “employee” means any person (other than an apprentice) employed on a salary or wage not exceeding [three thousand and five hundred rupees] per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied. In this the word “three thousand and five hundred rupees” is to be substituted by “ten thousand rupees”.

Amendment in Section 10 of the Act: Section 10 is known as “Payment of minimum bonus” and which provides details regarding minimum amount of payable bonus to eligible employees. As per the proposed amendment, subject to the other provisions of the Act, “every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 2009 and in respect of every subsequent accounting year, a minimum bonus which shall be 11 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year:

Provided that there an employee has not employed fifteen years of age at the beginning of the accounting year, the provision of this section shall have effect in relation to such employee as if for the words "one hundred rupees", the words "sixty rupees" were substituted.” Earlier the minimum bonus was equivalent to 8.33 percent of the salary or wage earned by the employee during the year.

Amendment in Section 12 of the Act: Section 12 refers as “Calculation of bonus with respect to certain employees” under which earlier where the salary or wage of an employee exceeds [three thousand 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.] But now it is proposed to be substitute word “three thousand and five hundred rupees” to “five thousand rupees”.

The amendment Bill is introduced to meet the high rate of inflation and provide support to the employees by changing definition of employees who will be eligible for coverage under the Payment of Bonus Act.

- Prof. Biju Varkkey and Ms. Shailja Tripathi (views expressed in the article are that of the authors)

Dear Ashish,
Try to understand the first paragraph (The Payment of Bonus (Amendment) Bill, 2010 ) posted by you. It clearly mentions "This may be enacted by Parliament in the Sixty-first Year of the Republic of India. The Act may be called as the Payment of Bonus (Amendment) Act, 2010 and it shall come in force on such date that the Central Government may notify by the Official Gazette appointed."
Where it states that the bill is passed and already implemented?
Make a serious efforts on your own to understand the things, just dont give an overview. Your effortless job will not benefit you anyways.
The amendment bill is not passed by the parliament till today. Once the bill is passed by the both houses of parliament then govt. will notify the amendment along with the implemenation date in the Official Gazette.
You also need to know the constitutional procedure to amend an Act.

Dear Kamal, The above act is already passes with Bill ni 15 of 2010 By Gazette of India, 5-3-2010,pt II-SII Ext P.59(No.3) I have a printed copy of it but not in my computer regards ashish
Dear Asish,
I am attaching the document you are refering to.
Dont be confused again. It is clearly mentioned as "be it enacted". Be enacted means it did not get enacted. Then how can you say that the bill is passed?
It is also mentioned in the document "It shall come into force on such date as Central Govt may, by notification in Official Gazette, appoint."
This document is a notification of the Govt. regarding the proposed amendment.
As of today there is no change.If the Bill is passed by both Houses the of Parliament, it will require Presidential assent and thereafter Govt. will notify in the official gazette about its implementation.
Read and understand the document properly.
-Kamal Prasoon

Dear Ashish, Please find the attachment.This may help you to clear your doubt.

Attached Files
File Type: pdf Bonus amendment 2.pdf (629.9 KB, 264 views)

Can any one guide me, what is a present max slab, it is 3500 or 10000. kindly let me know.
Dear Kamal,
Thank u so much for clearing my doubt, it was a great addition to my knowledge, and have clarity in my idea,
Be in touch, and continue providing your valuable suggestions,
ashish banka

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