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Section 1 – The Payment of Bonus Act, 1965

The Payment of Bonus Act, 1965

 

1. Short title, extent and application – (1) This Act may be called the Payment of
Bonus Act,1965

(2) It extends to the whole of India [Note: The words except the State of Jammu and
Kashmir omitted by Act 51 of 1970, Sec.2 and Schedule (w.e.f. 1st
September,1971).

(3) 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 :

[(Note: Ins. by Act 23 of 1976, Sec.3 (w.e.f. 25th September, 1975)
Provided
that the appropriate Government may, after giving not less than two months’ notice of its
intention so to do, by notification in the official Gazette, apply the provisions of this
Act with effect from such accounting year as may be specified in the notification, to any
establishment or class establishments [including an establishment being a factory within
the meaning of sub-clause (ii) of Cl. (m) of Sec.2 of the Factories Act, 1948 (63 of
1948)] employing such number of persons less than twenty as may be specified in the
notification ; so however, that number of persons so specified shall in no case be less
than ten.]

(4) Save as otherwise provided in this Act, the provisions of this Act shall in
relation to a factory or other establishment to which this Act applies, have effect in
respect of the accounting year commencing on any day in the year 1964 and in respect of
every subsequent accounting year :

[(Note: Added by Act 51 of 1970, Sec.2 and Schedule
(w.e.f. 1st
September, 1971) Provided that in relation to the State of Jammu and Kashmir, the
reference to the accounting year commencing on any day in the year 1964 and every
subsequent accounting year shall be construed as reference to the accounting year
commencing on any day in the year 1968 and every subsequent accounting year :]

[(Note: Ins. by Act 23 of 1976, Sec.3 (w.e.f. 25th September, 1975)
Provided
further that when the provisions of this Act have been made applicable to any
establishment or class of establishments by the issue of a notification under the proviso
to sub-section (3), the reference to the accounting year commencing on any day in the year
1964 and every subsequent accounting year or, as the case may be, the reference to the
accounting year commencing on any day in the year 1968 and every subsequent accounting
year shall in relation to such establishment or class of establishments, be construed as a
reference to the accounting year specified in such notification and every subsequent
accounting year.]

(5) An establishment to which this Act applies [Note: The words, brackets, letter
and figure under Cl. (b) of sub-section (3) omitted by Act 23 of 1976, Sec.8
(w.e.f. 25th September, 1975)] shall continue to be governed by this Act
notwithstanding that the number of persons employed therein falls below twenty [(Note:
Ins. by Act 23 of 1976, Sec-3, (w.e.f. 25th September, 1975) or, as the
case may be, the number specified in the notification issued under the proviso to
sub-section (3)].

NOTES

Section 1 and 2 of Payment of Bonus (Amendment) Act No.43 of 1977 provides as under :

1. Shot title and commencement – (1) This Act may be called the Payment of Bonus
(Amendment) Act, 1977.

(2) It shall come into force on the third day of September, 1977.

2. Act 21 of 1965 to have modified effect for a particular period –
The Payment
of Bonus Act, 1965 (hereinafter referred to as the principal Act) shall, –

(a) In relation to a factory or other establishment to which the principal Act applies
immediately before the commencement of this Act and

(b) In relation to a banking company and the Industrial Reconstruction Corporation of India
to which the principal Act applies on and from such commencement by virtue of this Act,

Have effect in respect of the accounting year commencing on any day in the year 1976
[and in respect of the accounting year commencing on any day in the year 1977], as if the
amendments specified in Sections 3 to 19 has been made in that Act.

Explanation – In this section, the expressions banking company and
accounting year shall have the meanings respectively assigned to them in
clauses (8) and (1) of Section 2 of the principal Act.

 

 

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