Nepal
BONUS ACT 2030 (1973)
An Act made to amend Bonus Act, 2030 (1973)
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 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.
(2) Amendment in the Preamble of Bonus Act, 2030
(1973):
The words "Labours of the
Factory and Enterprise and have
been substituted by the words
"workers of the Enterprise"
appearing in the preamble of Bonus
Act, 2030 (1973)
(hereinafter referred to as
"Principle Act").
(3) Amendment in Section 1 of the Principle 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) Clause (a) have been
deleted.
(2) Clause (b) have been
substituted by the following
clause (b):
(b) "Enterprise" means the Enterprise
Constituted
under clause (b) of section 2 of the Labour Act,
2048 (1991)".
(3) The words "or
factory" appearing in clause (c) have
been
deleted.
(4) 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 in
the Enterprise.
(5) 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.
(6) Clause (f) have been
substituted by the following
clause (f):
(f) "manager" means the Manager under
clause (f) of
Section 2 of the Labour Act, 2048 (1991)".
(7) 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 pursuant 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) Clause (a) of
Sub-section (2) have been substituted by
the
following clause (a):
(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).
(2) Sub-section (3) have
been substituted by the following
Sub-section (3):
(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.
(3) Sub-section (4) have
been repealed.
(6) Amendment in Section 6 of the Principal act:
Clause (a) of sub-section (2) of
Section 6 of the Principal
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)
of
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.
(b) 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.
(c) 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.
(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 maximum
Bonus amount obtained under clause (c) of the sub-
section (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.
(9) 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".
(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
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.
(2) The Welfare Fund
mentioned in sub-section (1) shall be
operated as prescribed through participation of the
personnel.
(14) Amendment in Section 16 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.
(2) 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.
(3) 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.
(15) Amendment in Section 20 of the Principal Act:
Section 20 of 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 file an appeal to the
Appeal Court within thirty five days of receipt of
such
notice.
(17) Amendment in Section 23 of the Principal Act:
The words "or Factory"
appearing in Section 23 of the
Principal Act have been deleted.
(18) Repeal:
Section 17, 18, 19, 22 and 26 of
the Principal Act have
been repealed.
(19) 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.
Date of assent: 2049/7/21 (corresponding to Dec. 6, 1992)
by order,
Jeet Bahadur Karki
Acting Secretary of
His Majesty's Government