(1) This Act may be called the Payment of
Bonus Act, 1965.
(2) It extends to the whole of India
(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.
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 of
establishment [including an establishment being a factory within the meaning of
sub-clause (ii) of clause (m) of section 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 the number of persons so specified shall in
no case be less than ten.
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:
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 1968 and every subsequent accounting year:
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.
An establishment to which this Act applies 1[***] shall continue to be governed by
this Act notwithstanding that the number of person employed therein falls below
twenty 2[or, as the case may be, the number
specified in the notification issued under the proviso to sub-section (3)].
[1] The words ”except the State
of Jammu and Kashmir 1-9-1971 ).
[2] Ins. by Act 23 of 1976,
sec. 3 (w.r.e.f 1-9-1975 ).
[3] Added by Act 51 of 1970
sec. 2 and sch. (w.e.f 1-9-1971 )
1 The words
“under clause (b) of sub-section (3)” omitted by Act pf 1976, sec. 3 (w.r.e.f.
25.9.1975)
2 Added by
Act 23 of 1976, sec. 3 (w.r.e.f. 25.9.1975)
