Adjustment of customary or interim bonus against bonus payable under
the Act.—
Whether in any accounting year --
(a) an employer has paid
any puja bonus or other customary bonus to an employee; or
(b) an employer has paid
a part of the bonus payable under this Act to an employee before the date on
which such bonus becomes payable.
then, the employer
shall be entitled to deduct the amount
of bonus so paid from the amount of bonus payable by him to the employee under
this Act in respect of that accounting year and the employee shall be entitled
to receive only the balance.
Deduction of certain
amounts from bonus payable under the Act. –
Where in any accounting year,
an employee is found guilty of misconduct causing financial loss to the
employer, then, it shall be lawful for the employer to deduct the amount of
loss from the amount of bonus payable by him to the employee under this Act in
respect of that accounting year only and the employee shall be entitled to
receive the balance, if any.
Time-limit for payment of
bonus. –
[All amounts] payable to
an employee by way of bonus under this Act shall be paid in cash by his
employer --
(a) where there is a
dispute regarding payment of bonus pending before any authority under section
22, within a month from the date on which the award becomes enforceable or the
settlement comes into operation, in respect of such dispute;
(b) in any other case,
within a period of eight months from the close of the accounting year:
Provided that the appropriate Government or such authority
as the appropriate Government may specify in this behalf may, upon an
application made to it by the employer and for sufficient reasons, by order,
extended the said period of eight months to such further period or periods as
it thinks fit; so, however, that the total period so extended shall not in any
case exceed two years.
Application of Act to establishments in public sector in certain
cases.-
(1) If in any accounting year an establishment in public sector sells any goods
produced or manufactured by it or renders any services, in competition with an
establishment in private sector, and the income from such sale or services or
both less than twenty percent of the gross income of the establishment in
public sector for that year, then, the provision of this Act shall apply in
relation to such establishment in public sector as they apply in relation to a
like establishment in private sector.
(2) Save as otherwise provided in sub-section
(1), nothing in this Act shall apply to the employees employed by any
establishment in public sector]
Recovery of bonus due from
an employer.-
Where any money is due to an employee by way of bonus from
his employer under a settlement or an award or agreement, the employee himself
or any other person authorised by him in
writing in this behalf, or in the case of the death of the employee, his
assignee or heirs may, without prejudice to any other mode of recovery, make an
application to the appropriate Government or such authority as the appropriate
Government may specify in this behalf is satisfied that any money is so due, it
shall issue a certificate for that amount to the Collector who shall proceed to
recover the same in the same manner as an arrears of land revenue.
Provided that every such application shall be made within
one year from the date on which the money became due to the employee from the
employer.
Provided further that any such application may be
entertained after the expiry of the said period of one year, if the appropriate
Government is satisfied that the applicant had sufficient cause for not making
the application within the said period.
Explanation- In this section and in
[sections 22,23, 24 and 25], “employee” includes a
person who is entitled to the payment of bonus under this Act but who is no
longer in employment.
Reference of disputes
under the Act.-
Where any dispute arises between an employer and his
employees with respect to the bonus payable under this Act or with respect to
the application of this Act to an establishment in public sector, then, such
dispute shall be deemed to be an industries dispute within the meaning of the
Industrial Disputes Act, 1947 (14 of 1947), or of any corresponding law
relating to investigation and settlement of industrial disputes in force in a
State and the provisions of that Act or, as the case may be, such law, shall,
save as otherwise expressly provided, apply accordingly.
Presumption about accuracy
of balance-sheet and profit and loss account of corporation and companies.-
Where,
during the course of proceedings before any arbitrator or Tribunal under the
Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law
relating to investigation and settlement of industrial disputes in force in a
State (hereinafter in this section 1[and in 2[sections 24 and 25] referred to as the
“said authority” ) to which any dispute of the nature specified in section 22
has been referred, the balance-sheet and the profit and loss account of an
employer, being a corporation or a company (other than a banking company), duly
audited by the comptroller and Auditor-General of India or by auditors duly
qualified to Act as auditors of companies under sub-section (1) of section 226
of the Companies Act, 1956 (1 of 1956), are produced before it, then, the said
authority may presume the statements and particulars contained in such
balance-sheet and profit and loss account to be accurate and it shall not be
necessary for the corporation or the company to prove the accuracy of such
statements and particulars by the filing of an affidavit or by any other mode.
Provided that where the said authority is satisfied that
the statement and particulars contained in the balance-sheet or the profit and
loss account of the corporation or the company are not accurate, it may take
such steps as it thinks necessary to find our the accuracy of such statement
and particulars.
(2) When an application is made to the said authority by
any trade union being a party to the dispute or where there is no trade union,
by the employees being a party to the dispute requiring any clarification
relating to any item in the balance-sheet or the profit and loss account it
may, after satisfying itself that such clarification is necessary, by order, direct
the corporation or, as the case may be, the company, to furnish to the trade
union or the employees such clarification within such time as may be specified
in the direction and the corporation or , as the case may be, the company,
shall comply with such direction.
