2. INRODUCATION
It came into force from September 25, 1965. It extends to the whole of India. Unless
it is provided otherwise in the Act,
it shall apply to : (a) every factory and (b) every other establishment in which 20 or
more persons are employed on any day during an accounting year
An establishment in which 20 or more persons are employed on any day during an
accounting year, must continue to be governed by this Act, in spite of the fact that the
number of persons employed therein falls below 20.
3. DEFINATION
Accounting year [Section 2(1)] : It means, (i) in relation to a corporation, the
year ending on the day on which the books of accounts of the corporation are to be
closed and balanced.
in relation to a company, this term means a period in respect of which any profit or
loss account of the company laid before it in an annual general meeting is made up
whether that period is a year or not.
4. Employee Section [2(13)]
It means any person other than an apprentice employed on a salary or wage not
exceeding R . 10,000 per menses in any industry to do any skilled or unskilled,
manual, supervisory, managerial, administrative, technical or electrical work for hire
or reward, whether the terms of employment be express or implied.
5. Employer [Section 2(14)]
In relation to establishment which is a factory, this term includes the owner or
occupier of the factory including the agent of such owner or such occupier, the legal
representative of a deceased owner or occupier and where a person has been named
as a manager of that factory under Section 7(1)(f) of the Factories Act, 1948, the
person so named.
in relation to any other establishment which is not a factory, the term includes the
person who or the authority which has the ultimate control over the affairs of the
establishment and if the said affairs are entrusted to a managing director, then such
manager or managing director.
6. Salary or wage [Section 2(21)]
It means all remuneration other than remuneration in respect of overtime 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
his employment or of work done in such employment. It includes dearness allowance,
i.e., all cash payments by whatever name called, paid to an employee on account of a
rise in the cost of living.
7. Allocable surplus [Section 2(4)]
This expression means 67% of the available surplus in an accounting year,
Appropriate Government :
In relation to an establishment in respect of which the appropriate
Government under the Industrial Disputes Act, 1947 is the Central Government the
appropriate Government means the Central Government But in relation to any other
establishment, the expression means the Government of the State in which the other
establishment is situated.
8. WHO IS ENTITLED TO BONUS ?
Every employee of an establishment covered under the Act is entitled to bonus from
his employer in an accounting year provided he has worked in that establishment for
not less than thirty working days in the year on a salary less than Rs. 10,000 per
month.
• If an employee is prevented from working and subsequently reinstated in service,
employees statutory liability for bonus cannot be said to have been lost. Nor can the
employer refuse for such bonus.
9. Disqualifications of an employee to claim bonus
An employee who
has been
dismissed from
service for
(a) fraud; or
(b) riotous or
violent behaviour
while on the
premises of the
establishment;
or (c) theft,
misappropriation
or
sabotage of any
property of the
establishment is
not entitled for
bonus.
10. An employee in the following cases is entitled to bonus
A temporary
workman is
entitled to bonus
on the basis of total
number of days
worked by him.
An employee of a
seasonal factory is
entitled to
proportionate
bonus and not the
minimum bonus as
prescribed under
Section 10 of the
A part time
employee as a
sweeper engaged
on a regular basis
is entitled to
bonus.
11. An employee in the following cases is not entitled to bonus :
An apprentice is
not entitled to
bonus.
An employee
employed
through
contractors on
building
operation is not
entitled to bonus.
An employee who
is dismissed from
service on the
ground of
misconduct as
mentioned in
Section 9,
12. PAYMENT OF MINIMUM BONUS (SECTION 10)
whichever is higher
8.33% of the salary
or wage earned by
the employee
during the
accounting year
or Rs. 100,
13. PAYMENT OF MAXIMUM BONUS (SECTION 11)
Bonus which shall be an amount in
proportion to the salary or wage
earned by the employee during the
accounting year subject to a
maximum 20% of such salary or
wage.
14. Penalty (Section 28)
A person shall be liable to punishment: (i) if he contravenes any of the provisions of
this Act or any rule framed there under; or (ii) if he fails to comply with any direction
or requisition which may have been given or made to him under this Act.
The punishment may be imprisonment for a term extending up to 6 months or of fine
extending up to Rs. 1000 or both