Dear All, Please find the new bonus amendment 2012 and reply whether the salary ceiling and eligibility limit have already been withdrawn or not. Urgent... please 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. Amendment of Section 2
In Section 2 of the Payment of 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. Omission of Section 12
Section 12 of the principal Act shall be omitted.
Short title and commencement.
Bill No. XXX of 2012
STATEMENT OF OBJECTS AND REASONS
The Bill proposes to amend the 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 a bonus by their employer who are employed on a salary or wage not exceeding ten thousand rupees per mensem. Moreover, Section 12 prescribes the limit of three thousand five hundred rupees per mensem for the calculation of a bonus with respect to the employees.
In today's world of money inflation, high prices, and salaries, imposing a ceiling on the wages for denying a 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
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 the 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.
ANNEXURE
EXTRACTS FROM THE PAYMENT OF BONUS ACT, 1965 (21 OF 1965)
* * * *
2. In this Act, unless the context otherwise requires,
* * * *
(13) "Employee" means 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 unskilled 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 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.
* * * *
Definitions.
Calculation of bonus with respect to 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.
From India, Coimbatore
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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. Amendment of Section 2
In Section 2 of the Payment of 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. Omission of Section 12
Section 12 of the principal Act shall be omitted.
Short title and commencement.
Bill No. XXX of 2012
STATEMENT OF OBJECTS AND REASONS
The Bill proposes to amend the 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 a bonus by their employer who are employed on a salary or wage not exceeding ten thousand rupees per mensem. Moreover, Section 12 prescribes the limit of three thousand five hundred rupees per mensem for the calculation of a bonus with respect to the employees.
In today's world of money inflation, high prices, and salaries, imposing a ceiling on the wages for denying a 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
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 the 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.
ANNEXURE
EXTRACTS FROM THE PAYMENT OF BONUS ACT, 1965 (21 OF 1965)
* * * *
2. In this Act, unless the context otherwise requires,
* * * *
(13) "Employee" means 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 unskilled 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 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.
* * * *
Definitions.
Calculation of bonus with respect to 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.
From India, Coimbatore
Acknowledge(0)Amend(0)
Please go through the link https://www.citehr.com/432679-dussehra-bonus.html where you will find the entire discussion and attachments on the subject matter.
Thanks
From India, Secunderabad
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57Thanks
From India, Secunderabad
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Thank you for your prompt response. I have checked the details, and the amendment mentioned by you occurred 2 years ago. I had posted the amendment details, which were notified just one month before (i.e., 9th August 2012), and it is a clear government notification. So, I just want to know whether the same is just a proposal or if the bill has passed into force currently.
Regards,
Anirudh
From India, Coimbatore
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Regards,
Anirudh
From India, Coimbatore
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We still do not have any official communication regarding the implementation of the Bill. It is still a proposal and 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 number. Please refer to it 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
From India, Bangalore
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So, you need not change anything right now; it is yet to be passed in the Rajya Sabha. It takes time.
Regards, Bharghavi
From India, Bangalore
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I have a big confusion regarding the Bonus Act as it indicates the minimum bonus to be paid at 8.33% of employee earnings. However, in some other clauses, the minimum bonus can be payable at Rs. 3,500/- for those earning a salary/wage of more than Rs. 3,500/- per month. Can anybody clarify? I am assuming that in the case of a set-off, the minimum bonus is payable either at 8.33% or Rs. 3,500/-. In the case of a set-on, the minimum bonus ought to be payable at 8.33%...!
Regards, Prathap
From United Arab Emirates, Dubai
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Regards, Prathap
From United Arab Emirates, Dubai
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Payment of Bonus Act Amendment.pdf