BONUS ACT, 2030 (1973)

An Act made to amend Bonus Act, 2030 Preamble: Whereas it is expedient to amend Bonus Act, 2030 (1973) Now, therefore, the Parliament has made this Act in the Twenty first year of the reign of His Majesty's the King Birendra Bir Bikram Shah Dev. (1) Short Title and Commencement: (1) This Act may be called "Bonus (fourth amendment) Act, 2049 (1992)". (2) This Act shall come into force at once. Amendment in the Preamble of Bonus Act, 2030 (1973): The words "Labours of the Factory and Enterprises and have been substituted by the words "workers of the Enterprise" appearing in the preamble of Bonus Act, 2030 (1973) (hereinafter referred to as "Principal Act").

(2)

(3) Amendment in Section 1 of the Principal Act: Clause (b) of Sub-section (3) of the section (1) of the Principal Act have been deleted. (4) Amendment in Section 2 of the Principal Act: Section 2 of the Principal Act's(1) (2) Clause (a) have been deleted Clause (b) have been substituted by the following Clause (b): (b) (3) (4) "Enterprise" means the Enterprise Constituted under Clause (b) of Section 2 of the Labour Act, 2048 (1991).

The words or factory appearing in Clause (c) have been deleted Clause (d) have been substituted by the following Clause (d) (d) "Personnel" means any person who is working for supervision, administrative, technical or other any work at any Enterprise by taking remuneration or wages and it includes the worker working at the Enterprise.

(5) (6)

The word "or Factory" appearing in the Clause (e) and the words "Labour or" appearing in the provise of the same Clause have been deleted. Clause (f) have been substituted by the following Clause (f):

"(f) (7)

"Manager" means the Manager under Clause (f) of Section 2 of the Labour Act, 2048 (1991)"

Clause (g) have been substituted by the following Clause (g): "(g) "Labour Office" means the Labour Office established by His Majesty's Government.

(8)

Following Clause (g1) have been inserted after Clause (g): "(g1) "Labour Court means the Labour Court constituted in pursuance to Section 72 of the Labour Act, 2048 (1991)

(5)

Amendment in Section 5 of the Principal Act:

Section 5 of the Principal Act's: (1) "(a) (2) "(3) Clause (a) of Sub-section (2) have been substituted by the following Clause (a) any amount allocated for to manage resident of personnel in pursuance to sub-section (1) of Section 41 of the Labour Act, 2048 (1991)" Sub-section (3) have been substituted by the following sub-section (3): Notwithstanding anything contained in sub-section (1) the percent of Bonus and other matter related with Bonus which shall be distributed by government owned Enterprise shall be as decided by His Majesty's government." Sub-section (4) have been replaced

(4) (6)

Amendment in Section 6 of the Principal Act: Clause (a) of sub-section (2) of Section 6 of the Principle Act have been substituted by the following Clause (a): (a) Any period of pull under any agreement or in pursuance to Section 11 of the Labour Act, 2048 (1991)

(7)

Amendment in Section 7 of the Principal Act: The following Sub-section (3) and (4) have been inserted after Sub-section (2) of Section (7) of the Principal Act:

"(1)

Notwithstanding anything contained in Sub-section (2) the Bonus shall not exceed more than following amount obtainable by the personnel: (a) The personnel who obtains monthly up to five thousand rupees as salary or wage shall obtain equivalent to his six months salary or wage. The personnel who obtain monthly five thousand one rupees to fifteen thousand rupees as salary or wage shall obtain Bonus equivalent to his four month salary or wage. The personnel who obtain monthly more than fifteen thousand rupees as salary or wage shall obtain Bonus equivalent to his three month salary or wage.

(b)

(c)

(2)

The minimum Bonus amount obtained under clause (b) of the Sub-section (3) shall not be less than maximum Bonus amount obtained under Clause (a) and the minimum Bonus amount obtained under clause (c) of the Subsection (3) shall not be less than maximum Bonus amount under clause (b).

(8)

Amendment in Section 8 of the Principal Act: The words "or Labour" appearing in Section 8 of the Principal Act and the words "Factory or" appearing in provise of Clause (a) of the same Section have been deleted. Amendment in Section 9 of the Principal Act: The word "Report" appearing in Sub-section (3) of Section 9 of the Principal Act have been substituted by the word "application"

(9)

(10)

Amendment in Section 10 of the Principal Act: The word "Department of Labour" appearing in Sub-section (3) of Section 10 of the Principal Act have been substituted by the word "Labour Court"

(11)

Amendment in Section 11 of the Principal Act: The word "Concerned Department" appearing in Sub-section (1) of Section 11 of the Principal Act have been substituted by the word "Concerned Labour Court".

(12)

Amendment in Section 13 of the Principal Act: Section 13 of the Principal Act have been substituted by following Section 13-

(13)

Welfare Fund:" (1) Seventy percent of the rest amount after the distribution of Bonus from the amount allocated for Bonus in pursuance to Section 5 shall be deposited in Welfare Fund established in accordance with Section 37 of the Labour Act, 2048 (1991) and the rest thirty percent shall be deposited in the National Level Welfare Fund which has been established by His Majesty's Government for the benefit of the personnel of the Enterprise. The Welfare Fund mentioned in Sub-section (1) shall be operated as prescribed through participation of the personnel.

(2) (14)

Amendment in16 of the Principal Act: Section 16 of the Principal Act have been substituted by following Section 16:(16) Settlement of dispute of Bonus: (1) Any dispute arises between personnel and management regarding the Bonus, the Labour Office shall settle the dispute by negotiation between the parties. If the dispute could not be settled according to Sub-section (1), the Labour Office shall ask to the concerned Enterprise and personnel to produce necessary documents and accounts and shall give decision on the basis of the said documents. An appeal shall lie to the Labour Court against the decision made by Labour Office under Sub-section (2) within thirty five days of receipt of such notice and the decision made by Labour Court shall be final."

(2)

(3)

(15)

Amendment in Section 20 of the Principal Act: Section 21of the Principal Act have been substituted by following Section 20:(20)" Penalty: Any person who does not obey the order made by this Act or Regulation shall be fined upto five thousand rupees by the Department of Labour".

(16)

Amendment in Section 21 of the Principal Act: Section 21 of the Principal Act have been substituted by following Section 21:-

(21)

Appeal: Any person not satisfied with the order of fine made by Department of Labour in pursuance to Section 20 of this Act may file3 an appeal to the Appeal Court within thirty five days of receipt of such notice. Amendment in Section 23 of the Principal Act: The words "or Factory" appearing in Section 23 of the Principal Act have been deleted. Repeal: Section 17, 18, 19, 22 and 26 of the Principal Act have been repealed. Modification: The words "Department of Labour" appearing in Section 4, 9 and 14 of the Principal Act have been substituted by the words "Labour Office" and modified.

(17)

(18) (19)

Date of assent: 2049/7/216 (corresponding to Dec.6, 1992) By order,

Jeet Bahadur Karki Acting Secretary of His Majesty's Government