Amendment status not verified — confirm the current text below against the official source.
Computation of number of working days.—For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which— (a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (b) he has been on leave with salary or wage; (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (d) the employee has been on maternity leave with salary or wage, during the accounting year. 4[15, Set on and set off of allocable surplus.— 1 Subs. b Act 45 of 2007, sec. 3, for "three two and five hundred rupees" (w.e.r.f. 1-4-2006). Earlier the words "two thousand and five hundred rupees" were substituted by act 34 of 1995, sec. 3, for "one thousand and six hundred rupees" (w.e.r.f. 1-4-1993). 2 Subs. b Act 45 of 2007, sec. 3, for "three two and five hundred rupees" (w.e.r.f. 1-4-2006). Earlier the words "two thousand and five hundred rupees" were substituted by act 34 of 1995, sec. 3, for "one thousand and six hundred rupees" (w.e.r.f. 1-4-1993). 3 Subs, by Act 66 of 1980, sec. 8, for section 13 (w.e.f. 21-8-1980). 4 Subs, by Act 66 of 1980, sec. 9, for section 15 (w.e.f. 21-8-1980). Case Law 12(2) The Payment of Bonus Rules, 1975 (1) Where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 11, then, the excess shall, subject to a limit of twenty per cent, of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in the manner illustrated in the Fourth Schedule. (2) Where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 10, and there is no amount or sufficient amount carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in the manner illustrated in the Fourth Schedule. (3) The principle of set on and set off as illustrated in the Fourth Schedule shall apply to all other cases not covered by sub-section (1) or sub- section (2) for the purpose of payment of bonus under this Act. (4) Where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account.] Liability of paying bonus has to be determined only with reference to sections 10 and 11, i.e., the employer is bound to pay the minimum bonus of 4% of wages or the maximum bonus of 20% of wages in accounting year, as the case may be; Express Cables Pvt. Ltd. v. C.I.T.,(1992) 1 LLJ 441 (Cal).