Dear Experts,
With reference to Section 65 (2) Factories Act
Is it required to take permission of Factory Inspector (Director ) even for the allowed OT hours / Working Hours by the Act?
Alternatively to make people work even for 01 hour we need to have consent from Factory Inspector ( Director ) ?
Looking forward in anticipation....
From India, Pune
467With reference to Section 65 (2) Factories Act
Is it required to take permission of Factory Inspector (Director ) even for the allowed OT hours / Working Hours by the Act?
Alternatively to make people work even for 01 hour we need to have consent from Factory Inspector ( Director ) ?
Looking forward in anticipation....
From India, Pune
Dear Mr. Prashant as per my opinion we have to take permission for OT only it occurs regularly. Regards, Parikshit Thacker
From India, Mundra
From India, Mundra
Prashant,
I had explained to you the factual situation on this issue at length.
If you still had any doubts you could have asked me again!
However, there is no provision in the Fctories Act that distinguishes "regular" OT and any other kind of OT.
There are some exemptions outlined in Rules 100, 101 and 102 and the schedule thereunder framed under Sec. 64, where prior permission may not be required but the factoty Inspector has to be informed and there are stipulated conditionalities anyway. Kindly go through these rules and the annexure to gain better insights instead of resorting to guess work and application of common sense.
Along with that Sections 59 to 65 (both included) must also be studied carefully to gain clear understanding of the subject.
It is quite another matter that the enforcement agencies under the act usually ignore this aspect during their routine inspection but they do so for their own reason. If however a compliant is lodged by workers or he wishes to question irregularities suo moto, he has a right to do, which please note. Therefore lethargy on part of the enforcement agencies is no sanction for the employer to draw convenient inferences.
Regards
samvedan
January 2, 2012-------------------
From India, Pune
I had explained to you the factual situation on this issue at length.
If you still had any doubts you could have asked me again!
However, there is no provision in the Fctories Act that distinguishes "regular" OT and any other kind of OT.
There are some exemptions outlined in Rules 100, 101 and 102 and the schedule thereunder framed under Sec. 64, where prior permission may not be required but the factoty Inspector has to be informed and there are stipulated conditionalities anyway. Kindly go through these rules and the annexure to gain better insights instead of resorting to guess work and application of common sense.
Along with that Sections 59 to 65 (both included) must also be studied carefully to gain clear understanding of the subject.
It is quite another matter that the enforcement agencies under the act usually ignore this aspect during their routine inspection but they do so for their own reason. If however a compliant is lodged by workers or he wishes to question irregularities suo moto, he has a right to do, which please note. Therefore lethargy on part of the enforcement agencies is no sanction for the employer to draw convenient inferences.
Regards
samvedan
January 2, 2012-------------------
From India, Pune
Dear Prashant,
Mr. Samvedan is correct in the second para...
You have to apply for the approval 30 days in advance from the day of overtime work start. This activity repeat every quarter.
Overtime permission is only for male candidates.
All those who fall under overtime work ( like shop floor employees, contract employees ) have to be added in the list enclosed with the application.
Requesting the over time approval for all workers may be rejected some time.
You have to produce the proof for going for extra hours work.
Inspector visits the facility for check and it depends on them to give the approval.
The exemption from section 21,52,54 and 56 will be given and have to stick to the section 65(3).
From Hong Kong
Mr. Samvedan is correct in the second para...
You have to apply for the approval 30 days in advance from the day of overtime work start. This activity repeat every quarter.
Overtime permission is only for male candidates.
All those who fall under overtime work ( like shop floor employees, contract employees ) have to be added in the list enclosed with the application.
Requesting the over time approval for all workers may be rejected some time.
You have to produce the proof for going for extra hours work.
Inspector visits the facility for check and it depends on them to give the approval.
The exemption from section 21,52,54 and 56 will be given and have to stick to the section 65(3).
From Hong Kong
Hello,
This is specifically addressed to Mr. Kumar.
I suppose that the position cited by him is from Karnataka Factories Rules.
Maharashtra does NOT have similar provision/s.
Since the substantive law remains same in all states (except for the amendments brought about as permitted under law) the States are however free to make their own rules for implementation of the bars act, in tune with peculiar situation prevailing/desired by the State!
Mr. Kumar would you please throw some light on this for benefit of all?
Regards
samvedan
January 3, 2012
------------------
From India, Pune
This is specifically addressed to Mr. Kumar.
I suppose that the position cited by him is from Karnataka Factories Rules.
Maharashtra does NOT have similar provision/s.
Since the substantive law remains same in all states (except for the amendments brought about as permitted under law) the States are however free to make their own rules for implementation of the bars act, in tune with peculiar situation prevailing/desired by the State!
Mr. Kumar would you please throw some light on this for benefit of all?
Regards
samvedan
January 3, 2012
------------------
From India, Pune
Dear Sam,
I have clearly addressed the point considering only Factories Act, 1948 and the reason for detailed explanation is that just couple of weeks back, i got the overtime approval from the concerned authority.
Nothing related to Karnataka Factories Rule was applied in this.
Its purely my experience and got the approval successfully for the current and next quarter.
Thank you.
From Hong Kong
I have clearly addressed the point considering only Factories Act, 1948 and the reason for detailed explanation is that just couple of weeks back, i got the overtime approval from the concerned authority.
Nothing related to Karnataka Factories Rule was applied in this.
Its purely my experience and got the approval successfully for the current and next quarter.
Thank you.
From Hong Kong
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