Bbhardwaj Started The Discussion:
Which of the section of Factories Act, 1948 or the Rule of Punjab Factory Rules, 1952 as applicable to the State of Haryana allows us to take maximum 50 hours of OT from the workers in a quarter.
Thanks in advance.
Hi Bhawna ,
Are u from HCL ????????
Under Sec 64 (iv) of the factories Act, OT hours in any quarter shall not exceed 50.
Under Sec. 65, Chief Inspector of Factories may grant exemption upto 75 hours in any quarter if he is satisfied that the exisgencies and nature of work it require to keep overtime.
Chief Inspector has power to grant upto 75 hours in a quarter and not more than that.
I am not from HCL.
Section 64 & 65 both relates to power to make exempting rules & power to make exempting orders respectively. According to my view we are not in a position to take work on OT from the workers in accordance with section 64. Section 64(4) of this Act has set out certain limitations while making rules for taking OT from workers. The appropriate State Governments while making the rules are required to keep in mind these limitations. Thus the State Govt. is not in a position to make rule beyond these limitations. Of course the State Govt./ CIF under section 65 keeping in view certain conditions can grant exemption for OT up to 75 hours in a quarter. Resulting thereby, if there are no rules for taking overtime then how we can take OT from the workers without due permission from the CIF/ State Govt.?
Now my question which I feel remain unanswered is that whether Punjab Factory Rules, 1950 as applicable to State of Haryana allows us to take OT without due permission from CIF Haryana/ State Govt. & if there happens to be any rule regarding taking of OT upto 50 hours in a quarter then let me know the rule relating to Haryana.
Thanks for response.
No permission required from CIF in Haryana for OT upto 50 hrs. in a quarter, only to make payment at double rate and ESI deduction for the employees coverned under it, however need to take permission for OT on holiday atleast one day advance.
We are discussion on OT for workers, but who is worker under factory act and ID act, if we will not pay OT to any supervisory staff, management staff, and the person who is fall under staff category ( know that staff is not refelect in any Act) , then how the mater will resolve. Eligibility for Whom ?, under which Act, if plant is not ready to pay OT to any supervisor staff (as per ID act), then can he/she eligible for IT under Factory Act.
Kindly comments valuable advise to get clear picture.
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