Payment of Bonus Act,1965
Act No : 21
Section :
Act not to apply to certain classes of employees.
32. Act not to apply to certain classes of employees.- Nothing in this Act shall apply to-- (i) 3*employees employed by any insurer carrying on general insurance business and the employees employed by the Life Insurance Corporation of India; (ii) semen as defined in clause (42) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); (iii) employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), and employed by registered or listed employers; (iv) employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or a State Government or a local authority; (v) employees employed by-- (a) the Indian Red Cross Society or any other institution of a like nature (including its branches); (b) universities and other educational institutions; (c) institutions (including hospitals, chambers of commerce and social welfare institutions) established not for purposes of profit; (vi) employees employed through contractors on building operations; 4* * * * * ---------------------------------------------------------------------- 1. Ins. by Act 66 of 1980, s. 17 (w.e.f. 21-8-1980). 2. Subs. by s. 17, ibid. (w.e.f. 21-8-1980). 3. The words "employees employed by any insurer carrying on general insurance business and the" shall be omitted by Act 62 of 1968, s. 41 (date to be notified). 4. Cl. (vii) ins. by Act 23 of 1976, s. 20 and omitted by Act 66 of 1980, s. 18 (w.e.f. 21-8-1980). 444 (viii) employees employed by the Reserve Bank of India; (ix) employees employed by-- (a) the Industrial Finance Corporation of India; (b) any Financial Corporation established under section 3, or any Joint Financial Corporation established under section 3A, of the State Financial Corporations Act, 1951 (63 of 1951); (c) the Deposit Insurance Corporation; 1*[(d) the National Bank for Agriculture and Rural Development] (e) the Unit Trust of India; (f) the Industrial Development Bank of India; 2*[(fa) the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989);] 3*[(ff) the National Housing Bank;] 2* * * * * (g) any other financial institution 5*[(other than a banking company)] being an establishment in public sector, which the Central Government may, by notification in the Official Gazette, specify, having regard to-- (i) its capital structure; (ii) its objectives and the nature of its activities; (iii) the nature and extent of financial assistance or any concession given to it by the Government; and (iv) any other relevant factor; 6* * * * * (xi) employees employed by inland water transport establishments operating on routes passing through any other country.
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Prakash Yedhula
wrote on 19 April 2009
(v) A society established for the purpose of making profit is not excepted under this Act. [ibid.].
Prakash Yedhula
wrote on 19 April 2009
(iv) This Act is not applicable to agents of State Governments. [Maharashtra State Co-op. M.arketing Federation Ltd. v. 1st Labour Court (1988) 57 F.L.R. 301 (Born.)].
Prakash Yedhula
wrote on 19 April 2009
(iii) It is not every type of institutions (including a statutory corporation) which can be exempted. [ibid.].
