Payment Of Bonus Act 1965

APPLICABILITY OF ACT

Every factory wherein 10 or more persons are employed with the aid of power or An establishment In which 20 or more persons are employed without the aid of power on any day during an accounting year.
Sec. 1

ESTABLISHMENT

Establishment includes departments, undertakings and branches, etc.

COMPUTATION OF AVAILABLE SURPLUS

  • Income tax and direct taxes as payable.
  • Depreciation as per section 32 of Income Tax Act.
  • Development rebate, investment or development allowance.
Sec. 5

Set-off and Set-on
  • As per Schedule IV.
Sec. 15
Submission of Return
  • In Form D to the inspector within 30 days of the expiry of time limit under Section 19.
Rule 5
Computation of gross profits
  • For banking company, as per First Schedule. Others, as per Second Schedule.
Sec. 3(a) & (b)
Eligibility of Bonus
  • An employee will be entitled only when he has worked for 30 working days in that year.

Sec. 8

Eligible Employees
  • Employees drawing wages upto Rs.3500 per month or less. For calculation purposes Rs.2500 per month maximum will be taken even if an employee is drawing upto Rs.3500 per month.

Sec. 12

Disqualification and Deduction of Bonus
  • On dismissal of an employee for fraud
  • Riotous or violent behavior while on the premises of the establishment;
  • Theft, misappropriation or sabotage of any property of the establishment
  • Misconduct of causing financial loss to the employer to the extent that bonus can be deducted for that year.

Sec. 1

Maintenance of Registers and Records etc.
  • A register showing the computation of the allocable surplus referred to In clause (4) of section 2, in Form A.
  • A register showing the set-on and set-off of the allocable surplus, under section 15, in Form B.
  • A register showing the details of the amount of bonus due to each of the employees, the deductions under sections 17 and 18 and the amount actually disbursed, In Form C.
Sec. 2(21)
Components of Bonus
  • Salary or wages includes dearness allowance but no other allowances e.g. over-time, house rent, incentive or commission.
Sec. 2(21)
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