Dear Member,
I am not from HCL.
Understanding Sections 64 and 65 of the Factories Act
Section 64 and 65 both relate to the power to make exempting rules and the power to make exempting orders, respectively. In my view, we are not in a position to require workers to work overtime in accordance with Section 64. Section 64(4) of this Act has set out certain limitations when making rules for overtime work. The appropriate State Governments, when making the rules, must consider these limitations. Thus, the State Government is not authorized to make rules beyond these limitations. However, the State Govt./CIF, under Section 65, can grant exemptions for overtime work up to 75 hours in a quarter based on certain conditions. Therefore, if there are no rules regarding overtime work, how can we require workers to work overtime without proper permission from the CIF/State Govt.?
Question on Punjab Factory Rules, 1950
My unanswered question is whether the Punjab Factory Rules, 1950, as applicable to the State of Haryana, allow us to require overtime work without proper permission from CIF Haryana/State Govt. If there are rules regarding overtime work up to 50 hours in a quarter, please inform me about the specific rule for Haryana.
Thank you for your response.
With Regards,
Bhawna Bhardwaj
Hi Bhawna, are you from HCL? Under Sec 64 (iv) of the Factories Act, overtime hours in any quarter shall not exceed 50. Under Sec. 65, the Chief Inspector of Factories may grant an exemption of up to 75 hours in any quarter if satisfied that the exigencies and nature of work require overtime. The Chief Inspector has the power to grant up to 75 hours in a quarter and not more than that.