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Labour HubCode on WagesSections › Section 34
Code on Wages, 2019 · CHAPTER IV — PAYMENT OF BONUS

Section 34: Sums deductible from gross profits

Lists the sums deductible from gross profit when computing available surplus.

Operative frameworkSource review: 16 July 20261 linked Central Rule(s)

Statutory identity

ProvisionSection 34
Subjectstatutory bonus
Primary authorityAppropriate Government / employer / notified authority, according to the provision
Official textOpen section ↗

What the provision requires

Lists the sums deductible from gross profit when computing available surplus.

Implementation control: Accept only statutory deductions and retain evidence for depreciation, development rebate/investment allowance, direct tax and permitted returns.

Provision-level reading sequence

  • Read each subsection, clause, proviso and explanation in the official text.
  • Apply section 2 definitions before testing the obligation or exception.
  • Identify the appropriate Government and the applicable Central or State rule.
  • Check commencement, section-specific notifications and saved predecessor-law instruments.
  • Document the factual test and the evidence supporting the conclusion.

Provision map — subsection, clause and qualification

This map decomposes the section into its operative tests. Use the linked India Code text for exact numbering and wording.

Closed deductions

Only the statutory categories are deductible from gross profits.

Support

Depreciation, development/investment allowance, direct tax and permitted return items require evidence.

No double count

Avoid duplication between accounting adjustments and statutory deductions.

Linked Code on Wages (Central) Rules, 2026

Authority, form and filing map

AuthorityAppropriate Government / employer / notified authority
Central forms detectedNo prescribed form is expressly referenced in the linked Central Rule text detected for this section. Verify State rules and later notifications.
State overlayCheck State rules where State Government is appropriate
Review date16 July 2026

Evidence pack

  • audited financial statements
  • employee eligibility and attendance data
  • gross/available/allocable surplus workbook
  • set-on/set-off ledger and payment proof

Compliance consequence

Incorrect eligibility, computation or timing may create bonus arrears, claims, recovery and penalty exposure.

Remedy path: identify the claims authority, appellate authority, adjudicating officer, Inspector-cum-Facilitator or criminal court applicable to the issue.

Worked example

Before acting on sums deductible from gross profits, the employer records the applicable Government, employee category, operative instrument, calculation or procedural step, reviewer approval and evidence of completion.

Illustrative only. Apply actual wage notifications, contracts, dates, State rules and evidence.

Practical Q&A

Can an employment contract override this section?

Not where the contract reduces a statutory entitlement. Sections 60 and 61 must be considered, including any more favourable award, agreement or contract.

What should be checked before payroll or HR action?

Confirm coverage, appropriate Government, operative rate/order, the exact subsection and proviso, linked rule, evidence, approval and payment/filing deadline.

Primary sources

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Reliance note: Read the current Gazette/India Code text, the applicable Central or State rules and later notifications before acting. This repository is educational and does not replace matter-specific legal advice.