Friday, 16 September 2016

JUST REALIZE MY COMMON GDS MEMBERS AND KNOW YOUR LEADERS ....
Same tricks of both GDS Top LEADER as the FEDERATION  to cheat the common GDS members, since long has been destroying the Postal employees' unity.For instance,where the order for Bonus is just required from the respective DDOs,they seek the order from the Secy.-Post to draw illusory sympathy from the common GDS members.Nor they train the local leaders how to deal the local administration. So keep distance from these two sides of a coin.
ALL INDIA ADVANCED RURAL POSTAL EMPLOYEES UNION (GDS)
Web- arpeuindia.blogspot.in/balasoreaipedeu.blogspot.in

President- Madhusudan Panda, Ph: 9438015784
General Secretary - Debasis Dey, Ph: 9238430993
My dear Comrades,
                           Warmth  Autumn greetings to all of you.
The common foul  traditional game has again  started  by the  immoral Leaders of our Unions in course of member verification for GDS .A Leader writes a letter to the Secretary, India Post that   " The case of 3 lakh GDS employees regarding applicability of revised ceiling limit @Rs.7000-is yet to be finalized by the Department."Though actually it had been finalized with the enhancement Amendment of the Bonus rule.  
Now all of you think whether it is foul game or not ? when the Amendment has already been made and applicable to the GDS  at par Departmental employees vide letter No. .26-01/2015-PAP, the  Leader wants again a letter in this regard from the Secy  is ambiguous .The motive is to take  sympathy of the GDS is  a cheap out cry of the Leader or not? By this type of trick they are binding some GDS as their Associative Members to divide GDS fraternity and to rule over them.
Similarly other leader says -" We are going for our all India conference from 17-09-2016 to 19-09-2016. It will be highly appreciated if the orders are issued before that."It means he wants his advertisement and sympathy of GDS by let a letter again issued by the Dept.,which is not required,more  fairly ,only the implementation of the  amendment of Bonus Rule should be demanded non other than that.
It is pleasure to say that some of the DDOs of our country have already drawn for the GDS just not awaiting this type of unnecessary ambiguity.In Odisha Samalpur H.O. Sundergarh Division has already drawn the arrear bonus to the GDS ,we thank the DDOs of  Sambalpur and Sndargarh. for their cooperation. 
   Comrades,always this type of tricky mentality of the leaders has lost the eagerness of the common members towards the Service Unions,I therefore request all of you to discard them and form a real minded accompany of equal standard leadership for the ensuing challenge for the GDS and establish All India "Advanced Rural Postal Employees Union" with Leadership of our endeavor.  
                                                 Yours Fraternally,
                                                   DEBASIS DEY 
                                                    GS AIARPEU

Bill Summary The Payment of Bonus (Amendment) Bill, 2015  The Payment of Bonus (Amendment) Bill, 2015 was introduced in Lok Sabha by the Minister of State for Labour and Employment, Mr. Bandaru Dattatreya, on December 7, 2015. The Bill seeks to amend the Payment of Bonus Act, 1965.  The Act provides for the annual payment of bonus to employees of certain establishments (including factories and establishments employing 20 or more persons). Under the Act, bonus is calculated on the basis of the employee’s salary and the profits of the establishment.  Employees eligible for bonus: The Act mandates payment of bonus to employees’ whose salary or wage is up to Rs 10,000 per month. The Bill seeks to increase this eligibility limit to Rs 21,000 per month.  Calculation of bonus: The Act provides that the bonus payable to an employee will be in proportion to his or her salary or wage. However, if an employee’s salary is more than Rs 3,500 per month, for the purposes of calculation of bonus, the salary will be assumed to be Rs 3,500 per month. The Bill seeks to raise this calculation ceiling to Rs 7,000 per month or the minimum wage notified for the employment under the Minimum Wages Act, 1948 (whichever is higher).  Prior publication of rules: The Act provides that the central government may make rules to implement its provisions. The Bill seeks to mandate prior publication of such rules in the Official Gazette to allow for more public consultation.  Retrospective effect: The Bill will come into force on April 1, 2015. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. 

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2015
 A BILL further to amend the Payment of Bonus Act, 1965. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Payment of Bonus (Amendment) Act, 2015. (2) It shall be deemed to have come into force on the 1st day of April, 2015. 2. In section 2 of the Payment of Bonus Act, 1965 (hereinafter referred to as the principal Act), in clause (13), for the words ‘‘ten thousand rupees’’, the words ‘‘twenty-one thousand rupees’’ shall be substituted. 3. In section 12 of the principal Act,— (i) for the words ‘‘three thousand and five hundred rupees’’ at both the places where they occur, the words ‘‘seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’’ shall respectively be substituted; Short title and commencement. Amendment of section 2. 21 of 1965. Amendment of section 12. Bill No. 265 of 2015 5 10 AS INTRODUCED IN LOK SABHA 2 (ii) the following Explanation shall be inserted at the end, namely:— ‘Explanation.—For the purposes of this section, the expression ‘‘scheduled employment" shall have the same meaning as assigned to it in clause (g) of section 2 of the Minimum Wages Act, 1948.’. 4. In section 38 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— ‘‘(1) The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules to carry out the provisions of this Act.’’.
STATEMENT OF OBJECTS AND REASONS 


The Payment of Bonus Act, 1965 (the Act) was enacted with a view to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. Thereafter, the Act was amended several times and last amended in the year 2007. 2. According to clause (13) of section 2 of the Act, employee means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied. However, according to section 12 of the Act, the bonus payable to an employee whose salary or wage exceeds three thousand and five hundred rupees per mensem shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensem. 3. The Central Government has been receiving representations from trade unions, individuals and various associations for enhancement or for removal of the above ceilings. After due consideration, the Central Government has decided to enhance the eligibility limit for payment of bonus from ten thousand rupees per mensem to twenty-one thousand rupees per mensem. The Central Government has also decided to raise the calculation ceiling from three thousand and five hundred rupees per mensem to seven thousand rupees per mensem or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher. 4. Section 38 of the Act empowers the Central Government to make rules for the purpose of giving effect to the provisions of the Act. Since, the said section does not provide for the previous publication of the rules, it is proposed to insert an enabling provision providing for previous publication for the purpose of inviting objections and suggestions in tune with the other legislations pertaining to welfare of labour. 5. The Bill seeks to achieve the above objectives. NEW DELHI; BANDARU DATTATREYA The 30th November, 2015. ———— PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA [Copy of letter No. F.No. S-33021/2/2015-WB (Pt) dated 27 November, 2015 from Shri Bandaru Dattatreya, Minister of State for Labour and Employment to the Secretary General, Lok Sabha] The President, having been informed of the subject matter of the Payment of Bonus (Amendment) Bill, 2015, recommends the introduction and consideration of the Bill in the House under clauses (1) and (3) of article 117 of the Constitution of India. 3 4 FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to amend clause (13) of section 2 of the Payment of Bonus Act, 1965 (the Act), to enhance the eligibility limit for the payment of bonus from ten thousand rupees per mensem to twenty-one thousand rupees per mensem. Clause 3 of the Bill seeks to amend section 12 of the Act for enhancing the ceiling from three thousand and five hundred rupees per mensem to seven thousand rupees per mensem or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher. 2. In view of above, if calculation ceiling is adopted by the Government of India, the additional approximate expenditure for payment of ad hoc bonus to the employees of the establishments under the Central Government and employees belonging to Railways and Posts (Productivity Linked Bonus) would involve to the extent of three thousand one hundred and twenty-eight crores of rupees. 3. The Bill does not involve any other recurring or non-recurring expenditure. 5 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill seeks to amend sub-section (1) of section 38 of the Payment of Bonus Act, 1965 (the Act) so as to empower the Central Government to make rules, subject to the condition of previous publication, by notification in the Official Gazette, to carry out the provisions of this Act. 2. The rules made under the proposed legislation shall be required to be laid before both Houses of Parliament. 3. The matters in respect of which said rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ANNEXURE EXTRACTS FROM THE PAYMENT OF BONUS ACT, 1965 (21 OF 1965) * * * * * 2. In this Act, unless the context otherwise requires,— * * * * * (13) ‘‘employee’’ means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; * * * * * 12. Where the salary or wage of an employee exceeds three thousand and five hundred rupees per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensem. * * * * * 38. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act. * * * * * 6 Definitions. Calculation of bonus with respect to certain employees. Power to make rules. GMGIPMRND—3111LS(S3)—01.12.2015. LOK SABHA ———— A BILL further to amend the Payment of Bonus Act, 1965 ———— (Shri Bandaru Dattatreya, Minister of State for Labour and Employment)

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