The payment to help employee after the retirement or superannuation or some physical disability

- Every factory, oilfield, plantation, port, railway station. - Every shop or establishments -10 or more employees is employed, were employed, of the preceding 12 months. - for other establishments, govt. may, by notification to the official gazette.

- Act doesnt apply.

-apprentice.
- person who holds civil posts under stat govt. or central govt. or any other act applies to him.

1.Gratuity payable on terminal of employment

On his superannuation, or On his retirement or resignation, or On his death or disablement due to accident or disease. Rate of gratuity 15

2.

last drawn wages 26

3. Maximum Gratuity shall not exceed Rs. 250000 monetary ceiling Rs. 50000
4. Better Terms Of gratuity be entitled to receive better terms of gratuity under any award or any agreement or contract with employer[section 4(5)]

5. Forfeiture of gratuity - damage of loss - riotous or disorderly conduct or any other act of violence on the part of employees - moral turpitude

With effect from such date as may be notified by the appropriate govt. in this behalf, every employer other than an employer or an establishment belonging to or under the control, the central govt. or a stat govt. shall, subject to the provisions of sub-subject (2) obtain an insurance in the prescribed, for the liability for payment towards the gratuity act, LIC of India established under LIC act 1956 or nay other prescribed insurance.

- every employers under 500 or more person who establishes an approved gratuity fund.
-

If any contravenes happens than. -10 thousand rupees or -1000rs per day

Nomination within 90/30 days each employee who completed 1 year after service shall make the payment within 90 days
each employee who completed 1 year of service after the commencement shall make the payment within 30 days.

Distribution of amount of gratuity as per the employee want he/she can distribute the amount into the nominees.
Modification of nomination a nomination may be modified by an employee at a time after the notice of intension.

- On behalf of employee -gratuity within 30 days

-controlling authority satisfied with issue.

 Meaning
Powers

of inspectors.

 Penalties
-

for false statement - for contravention of the act.

Exemption

of employers from liability in certain cases of offences

Cognizance

Death of nominee in the case of the nominee death the employee should make a new nomination such as interest[section 6(6)]

The payment of Bonus Act, 1965, extends to the whole of India. This Act shall be applicable to: every factory every other establishment in which twenty or more persons are employed on any day during an accounting year The appropriate Government can give 2 months notice of its intention, by notification in the Official Gazette, to apply the provisions of this Act to any establishment or class of establishment employing such number of persons less than twenty but shall in no case be less than ten. The provisions of this Act can be applied to such establishments with effect from such accounting year as may be specified in the notification.

An establishment to which this Act applies shall continue to be governed by this Act even if the number of person employed therein falls below twenty or the number specified in the notification.

Where an establishment consists of different department or undertakings or has branches, whether in the same place or in different places, all; such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this Act.

Bonus is a sum of money given in addition to regular wages to an employee in appreciation of his good work and good performance. The employee receives this bonus from his employer under the Payment of Bonus Act, 1965. The calculation of bonus is as follows: Minimum bonus : Minimum bonus is 8.33 % of the salary or wages of an employee or Rs. 100 in case of employees above 15 years of age and Rs 60 in case of employees below 15 years of age. Maximum Bonus : When the allocable surplus exceeds the minimum bonus, the employer should pay bonus in proportion to the salary or wages earned by the employee subject to a maximum of 20% of such salary or wages.

In some special cases where the salary or wage of an employee exceeds Rs. 1600/- per month, minimum or maximum bonus payable to such employee shall be calculated as if his salary or wage were Rs. 1600/per month.

Section 8 of the Payment of Bonus Act, 1965, states that Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than 30 working days in that year. The act simply means that every employee who has completed 30 working days in any establishment in that year is entitled to receive bonus from the employer given that all the provisions of this Act are satisfied.

Under this Act, every employee who is receiving salary or wages upto Rs. 3,500 p.m. and is engaged in any kind of work whether skilled, unskilled, managerial, supervisory etc. is entitled to bonus for every accounting year if he has worked for at least 30 working days in that year. However, employees of L.I.C., Universities and Educational institutions, Hospitals, Chamber of Commerce, R.B.I., IFCI, U.T.I. Social Welfare institutions are not entitled to bonus under this Act.

Section 9 of the Act provides for conditions under which an employee can be disqualified from receiving a bonus under the Payment of Bonus Act, 1965. The Act states that Notwithstanding anything contained in this Act, an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for Fraud; Riotous or violent behavior while on the premises of the establishment; or Theft, misappropriation or sabotage of any property of the establishment

Thus, if an employee is terminated from his job because of his inappropriate behavior on the establishments premises, then such an employee would not be eligible for any bonus.

In case an establishment is newly set-up, the eligibility and payment of bonus of employees would differentiate. The employees shall be entitled to be paid bonus in accordance to the following provisions:
In the first 5 years, the employees will be eligible to and shall be paid the bonus of only those accounting years in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this act in relation to that year.

For 6th and 7th accounting years, the employees will be eligible to and shall be paid bonus of their respective accounting years including the consideration of set-on or set-off as illustrated in schedule 4. From 8th accounting year, the employees shall be eligible to and entitled to be paid bonus in accordance to the provisions of section 15 (set-on and set-off of allocable surplus) from the 8th accounting year, Section 15 shall be applicable in relation to such establishment as they are applicable in relation to any other establishment.

An employer has the following rights: Right to forfeit bonus of an employee, who has been dismissed from service for fraud, riotous or violent behaviour, or theft, misappropriation or sabotage of any property of the establishment. Right to make permissible deductions from the bonus payable to an employee, such as, festival/interim bonus paid and financial loss caused by misconduct of the employee. Right to refer any disputes relating to application or interpretation of any provision of the Act, to the Labour Court or Labour Tribunal.

Right to claim bonus payable under the Act and to make an application to the Government, for the recovery of bonus due and unpaid, within one year of its becoming due.
Right to refer any dispute to the Labour Court/Tribunal Employees, to whom the Payment of Bonus Act does not apply, cannot raise a dispute regarding bonus under the Industrial Disputes Act. Right to seek clarification and obtain information, on any item in the accounts of the establishment.

For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both.

For failure to comply with the directions or requisitions made the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both.

In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal officer responsible for the conduct of its business, as the case may be, shall be deemed to be guilty of that offence and punished accordingly, unless the person concerned proves that the offence was committed without his knowledge or that he exercised all due diligence

Thank you from..

-NISHANT CHAUHAN(politician) -VISHAL CHOTALIYA(Bluetooth) -NEHAL GOR(Babu) -DASHRATH GOSWAMI[D.G] -AJAY VADHVANI[VAGH]