Legal Framework of Employment: Payment of Bonus Act 1965

LEGAL FRAMEWORK OF
EMPLOYMENT
PAYMENT OF BONUS ACT 1965
Name : Prof. Shailendra Nigam

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INTRODUCTION
• An act to provide for the payment of bonus to

persons employed in certain establishments on
the basis of profits or on the basis of
production or productivity and for other
connected matters
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Concept of Bonus
• Initially the term “Bonus” meant an ex gratia

payment or bounty or payment by way of gift
• Bonus is not a deferred wage
• Origin: War bonus given in Bombay to workers

of textile industry in July 1917 in the
form of an increase of 10% in wages
• Bonus used to be paid on ad hoc basis by few

industrial undertakings
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Continued…
• During the period of Second World War, industries

reaped large profits, and started voluntary payment
of bonus regularly
• In certain cases of industrial disputes demand for

payment of bonus was also included.
• In 1950, the Full Bench of the Labour Appellate

evolved a formula for determination of bonus. A
plea was made to raise that formula in 1959.
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CHAPTER I PRELIMINARY
Section 1: Short Title, Extent and Application
• This Act may be called the Payment of Bonus Act, 1965.

• It extends to the whole of India
• Save as otherwise provided in this Act, it shall apply to –
(a) every factory; and
(b) every other establishment in which twenty or more
persons are employed on any day during an accounting
year.
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Section 2: Interpretation
Accounting Year (i) in relation to a corporation, the year ending on the day on which
the books and accounts of the corporation are to be closed and
balanced.
(ii) in relation to a company, the period in respect of which any
profit and loss account of the company laid before it in annual
general meeting is made up, whether that period is a year or not;
(iii) in any other case -
(a) the year commencing on the 1st day of April; or
(b) if the accounts of an establishment maintained by the
employer thereof are closed and balanced on any day other than
the 31st day of March, then, at the option of the employer, the
year ending on the day on which its accounts are so closed and
balanced:
“Allocable surplus” (a) in relation to an employer, being a company (other than a
banking company) which has not made the arrangements
prescribed under the Income-tax Act for the declaration and
payment within India of the dividends payable out of its profits
in accordance with the provisions of section 194 of that Act,
sixty-seven per cent of the available surplus in an accounting;
year;
(b) in any other case, sixty percent of such available surplus;
“Available surplus” means the available surplus computed under section 5;
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• “Salary or Wage” means all remuneration (other than
remuneration in respect of over-time work) capable of
being expressed in terms of money, which would, if the
terms of employment, express or implied, were fulfilled,
be payable to an employee in respect of his employment
or of work done in such employment and includes
dearness allowance (that is to say, all cash payments, by
whatever name called, paid to an employee on account
of a rise in the cost of living),
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but does not include-
(i) any other allowance which the employee is for the time being
entitled to;
(ii) the value of any house accommodation or supply of light,
water, medical attendance or other amenity or of any service or
of any concessional supply of food grains or other articles;
(iii) any traveling concession;
(iv) any bonus (including incentive, production and attendance
bonus);
(v) any contribution paid or payable by the employer to any
pension fund or provident fund or for the benefit of the employee
under any law for the time being in force;
(vi) any retrenchment compensation or any gratuity or other
retirement benefit payable to the employee or any ex gratia
payment made to him;
(vii) any commission payable to the employee.
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Section 3: Establishments to include departments,
undertakings and branches.—
Where an establishment consists of different department or

undertakings or has branches, whether situated in the same place
or in different places, all; such departments or undertakings or
branches shall be treated as parts of the same establishment for
the purpose of computation of bonus under this Act:
Section 4: Computation of gross profits.—

The gross profits derived by an employer from an establishment in
respect of the accounting year shall—
(a) in the case of a banking company, be calculated in the manner
specified in the First Schedule;
(b) in any other case, be calculated in the manner specified in the
Second Schedule;]
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Continued…
Section 5: Computation of available surplus—
The available surplus in respect of any accounting year
shall be the gross profits for that year after deducting
there from the sums referred to in section 6;
Section 6: Sums deductible from gross profits.—

The following sums shall be deducted from the gross
profits as prior charges, namely:-
(a) any amount by way of depreciation admissible in
accordance with the provisions of sub-section (1) of
section 32 of the Income-tax Act,
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Continued…
(b) any amount by way of development rebate or

investment allowance or development allowance which
the employer is entitled to deduct from his income under
the income-tax Act;
(c) subject to the provisions of section 7, any direct tax
which the employer is liable to pay for the accounting
year in respect of his income, profits and gains during
that year;
(d) such further sums as are specified in respect of the
employer in the Third Schedule
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Labour Appellate Tribunal (LAT) Formula
• A dispute relating to the payment of bonus by the cotton mills of
Bombay was decided by the Industrial Court Bombay. In its
decision, the LAT laid down the principles involved in the grant of
bonus to workers. These principles are known as LAT formula.
According to it, the following prior charges were to be deducted
from gross profits of a company---
– Provision for Depreciation
– Reserve for rehabilitation (of machinery and equipment)
– Return of 6% on the paid up capital
– Return on the working capital at a rate lower than the return on paid up
capital
The balance, if any, was called “available surplus”, and
the workmen were to be given a reasonable share out of it
by way of bonus for the year
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LEGAL FRAMEWORK OF

Name : Prof. Shailendra Nigam

• An act to provide for the payment of bonus to

• Initially the term “Bonus” meant an ex gratia

• Origin: War bonus given in Bombay to workers

• Bonus used to be paid on ad hoc basis by few

• During the period of Second World War, industries

• In certain cases of industrial disputes demand for

• In 1950, the Full Bench of the Labour Appellate

Section 1: Short Title, Extent and Application

• This Act may be called the Payment of Bonus Act, 1965.

Where an establishment consists of different department or

Section 4: Computation of gross profits.—

Section 6: Sums deductible from gross profits.—

(b) any amount by way of development rebate or

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