(1) Where in respect of any accounting year the allocable surplus exceeds the amount of minimum bonus payable to the employees under section 10, the employer shall, in lieu of such minimum bonus, be bound to pay bonus to every employee who has worked in the establishment for all the working days in the accounting year which shall be an amount in proportion to the salary or wage of the employee for the accounting year subject to a maximum of twenty per cent, of such salary or wage.
(2) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall be taken into account in accordance with the provisions of that section.
SEC. 1] THE GAZETTE Oi' lN'V.A EXTRAORDINARY 171 20 of 1946.
14 of 1947.
12. Where the salary or wage of an employee expects seven him dred and fifty rupees per mensem, the bonus payable to such employe^ under section 10 or, as the case may be, under section 11, shall bf calculated as if his salary or wage were seven hundred and fifty rupees per mensem.
13. Where an employee has not worked for all the working days in any accounting year, the amount of bonus to which he shall be entitled under section 10 or, as the case may be, under section 11, shall be proportionately reduced.
14. In computing for the purposes of sections 10 and 11 the number of days on which an employee has worked in an establishment in any accounting year, 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, or under the Industrial Disputes Act, 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 shall be included.