| .... |
64.
Power to make exempting rule
(1) The State Government
may make rules defining the persons who hold positions
of supervision or management or are employed in a confidential
position in a factory
96[or empowering the Chief Inspector to declare any
person, other than
a person defined by such rules as a person holding position
of supervision, management or employed in a confidential position
in a factory if, in
the opinion of the Chief Inspector, such person hold such position
or is so employed] and the provision of this Chapter, other than the
provision of clause
(b) of sub-section (1) of section 66 and of the proviso to that
sub-section, shall not apply to any person so defined 97[or
declared] :
98[Provided
that any person so defined shall, where the ordinary rate of wages
of such person 99[does not exceed the wage limit specified
in sub- section
(6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as
amended from time to
time],be entitled to extra wages in respect of overtime work
under section 59.]
(2) The ![State] Government
may make rules in respect of adult workers in factories
providing for the exemption, to such extent and subject to such
conditions as may be
prescribed
- of workers engaged
on urgent repairs, from the provisions of sections 51, 52,
54, 55 and 56 ;
- of workers engaged
in work in the nature of preparatory or complemen- tary
work which must necessarily be carried on outside the limits laid
down for the general
working of the factory, from the provisions of sections
51, 54, 55 and 56 ;
- of workers engaged
in any work which is necessarily so intermittent that intervals
during which they do not work while on duty, ordinarily amount
to more than the
intervals for rest required by or under section 55, from the
provisions of sections 51, 54, 55 and 56 ;
- of workers engaged
in any work for technical reasons must be carried on continuously
1[ * * * ] from the provisions of sections 51, 54, 55 and
56;
- of workers engaged
in making or supplying articles of prime necessity which
must be made or supplied every day, from the provisions of 2[section
51 and section 52] ;
- of workers engaged
in manufacturing process which cannot be carried on except
during fixed seasons, from the provisions of 3 [section 51,
section 52
and section 54] ;
- of workers engaged
in manufacturing process which cannot be carried on
except at times dependent on the irregular action of natural forces,
from the provisions
of sections 52 and 55 ;
- of workers engaged
in engine rooms of boiler-houses or in attending to power-plant
or transmission machinery, from the provisions of 4[section
51 and section 52]
;
- 5[(i)
of workers engaged in the printing of newspapers, who are held up on
account of the breakdown
of machinery, from the provisions of sections 51,
54 and 56.
Explanation: In this clause the expression "newspapers"
has the meaning assigned
to it in the Press and Registration of Books Act, 1867 (XXV of
1867) :
- of workers engaged
in the loading or unloading of railway wagons 6[or
lorries or trucks.] from the provisions of sections 51, 5 2, 54, 55
and 56];
- 7[(k)
of workers engaged in any work, which is notified by the State
Government in the
Official Gazette as a work of national importance, from
the provisions of section 51, section 52, section 54, section 55
and section 56.]
(3) Rules made under
sub-section (2) providing for any exemption may also provide
for any consequential exemption from the provisions of section 61
which the ![State]
Government may deem to be expedient, subject to such conditions
as it may prescribe.
8[(4) In
making rules under this section, the State Government shall not exceed,
except in respect of
exemption under clause (a) of sub-section (2), the following
limits of work inclusive of overtime :-
- the total number
of hours of work in any day shall not exceed ten ;
- the spreadover,
inclusive of intervals for rest, shall not exceed twelve hours
in any one day :
Provided that the State Government may, in respect of any or
all of the categories
of workers referred to in clause (d) of sub-section (2), make rules
prescribing the circumstances
in which, and the conditions subject to which, the
restrictions imposed by clause(i) and clause (ii) shall not apply in
order to enable
a shift worker to work the whole or part of a subsequent shift in the
absence of a worker
who has failed to report for duty ;
- 9(iii)
the total number of hours of work in a week including overtime, shall
not exceed sixty
;
- 10(iv)
the total number of hours of overtime shall exceed fifty for any one
quarter.]
Explanation:
"Quarter" means a period of three consecutive months
beginning on the 1st
January, the 1st of April, the 1st of July or the 1st of October].
(5) Rules made under
this section shall remain in force for not more than 11[five
years].
_______________________________________________________________
96. Ins. by ibid.
97. Ins. by Act 94 of 1976
98. Proviso ins. by ibid.
99. Subs. by Act 20 of 1987
! Subs. for "Provincial by the Adaptn. of Laws Orders, 1950
1. The words "throughout the day" omitted by Act 25 of 1954
2. Subs. for "section 52" by Act 94 of 1976
3. Subs. for "section 52" by ibid.
4. Subs. by Act 94 of 1976
5. Cl.(i) and (j) added by Act 25 of 1954
6. Ins. by Act 94 of 1976
7. Ins. by ibid.
8. Sub-sec.(4) subs. by Act 25 of 1954
9. Ins. by Act 94 of 1976
10. Cl.(iii) renumbered as Cl.(iv) by Act 94 pf 1976
11. Subs. for "three years" by ibid.
|
.... |
