Overtime Allowance to the employees of the Defence Industrial Establishment governed by the Factory Act, 1948

Overtime Allowance to the employees of the Defence Industrial Establishment in the revise pay in the revise pay – Pay Tech Section Circular

Over Time Allowance – Defence Industrial – Payment of Over Time Allowances(OTA) in the revise pay to the employees of Defence Industrial Establishment governed by the Factory Act.1948

GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)

PAY TECH SECTION

10-A S.K. BOSE ROAD, KOLKATA-700001.

No. Pay/Tech-II/73

Date: – 12/04/2018

To
1) All Controller of Finance & Accounts (Fys)
2) All Br. AOs

Sub: Payment of Over Time Allowances(OTA) in the revise pay to the employees of Defence Industrial Establishment governed by the Factory Act.1948.

MoD No 13(3)/2016/D(Civ-II) dated 26.02.2018, received under OFB, Kolkata letter bearing No. 525/Genl/Per/Policy(VI) dated 19.03.2018 regarding payment of Overtime Allowance to the employees of the Defence Industrial Establishment governed by the Factory Act, 1948 on the basis of revised wages with effect from the date the wages have been revised i.e. 01.01.2016 subject to the conditions mentioned therein, is forwarded herewith for further necessary action at your end.

Further, in case of the OT element of Piece Workers in respect of Overtime upto 9 hours a day or 48 hours in a week is to be worked out on the basis of Piece Work Correlation on 6th CPC pay scale till finalization of the same on revised pay structure.

Ends : As above.

Addl. Controller of Accounts(Fys.)

Government of India

Ministry of Defence

Ordnance Factory Board

Ayudh Bhavan

10-A, Shaheed Khudiram Bose Road,

Kolkata – 700 001

No.525/Genl/Per/Policy(VI)

Dated 19/03/2018

To,
The Principal Controller of Accounts (Fys),
[section: Pay/Tech]
10-A, S K Bose Road,
Kolkata — 700 001

Sub : Payment of Overtime Allowance (OTA) in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act, 1948 — regarding.

Ref : MOD OM No.13(3)/2016/D(Civ-II) dated 26/02/2018.

*******

Consequent upon revision of pay structure as per VII CPC recommendations, MOD vide its OM No.13(3)/2016/D(Civ-II) dated 26/02/2018 (copy enclosed) has issued order for payment of overtime allowance in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act, 1948. As per the said OM, overtime allowance shall be paid to the employees of the Defence Industrial Establishment governed by the Factories Act, 1948 on the basis of revised wages with effect from the date the wages have been revised i.e. 01/01/2016.

2. The above OM dated 26/02/2018 on OTA in the revised pay needs to be implemented in OFs being governed by the Factories Act, 1948. Hence, PC of A(Fys) is requested to take necessary action for suitable modification of the Wage Package operational in all OFs for facilitation of smooth payment of OTA and arrears as per the revised pay.

3. In this connection, attention is invited to Para-3 of the said MoD OM dated 26/02/2018 wherein it has been indicated that OTA will be paid to workers who come within the scope of Section 64 of the Factories Act and whose basic pay exceed the wage limit, as specified in sub-section (6) of Section (1) of the Payment of Wages Act, 1936, on the basis of wage limit notionally determined on the basis of old pay scales until the new wage limit is defined by the Ministry of Labour & Employment based on the consumer expenditure survey published by NSSO and thereafter the OTA will be paid to them on the basis of new wage limit notionally determined, if the basic pay exceeds the new wage limit. However, it is gathered that Ministry of Labour and Employment, vide Notification dated 28/08/2017 (copy enclosed), has already specified Rs.24000/- as the wages per month under the said sub-section(6).

4. In view of the above, it is requested to issue necessary instructions to Branch AOs accordingly under intimation to this office at the earliest.

Encl.: As above

[ Dr.(Smt.) Vani A Singh ]
Director/Admin
For Director General, Ordnance Factories

No.13(3)/2016/D(Civ – II)

Government of India

Ministry of Defence

(Department of Defence)

D(Civ-II)

B-Wing, Sena Bhavan,
New Delhi, the 26th February,2018

Office Memorandum

Subject : Payment of Overtime Allowance (OTA) in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act,1948.

Consequent upon revision of pay structure as per VII CPC recommendations, the matter regarding payment of OTA , as per revised pay to the employees of the defence Industrial Establishments under the Factories, Act 1948. has been considered in consultation with the Ministry of Labour & employment, Ministry of Finance and ministry of Law & Justice.

2. It has been decided that the Overtime Allowance shall be paid to the employees of the defence Industrial Establishment governed by the Factories Act, 1948 on the basis of revised wages with effect from the date the wages have been revised i.e. 1.1.2016. The OTA on the basis of revised wages is subject to the conditions stipulated in this Ministry’s OM.No.14(1)/97/D(Civ-II) dated 1st July,1998.

3. It is further added/clarified that those categories of “workers” who come within the scope of Section 64 of the Factories Act and whose basic pay exceed the wage limit, as specified in sub-section (6) of Section (1) of the Payment of wages Act, 1936, are entitled for payment of OTA in terms of MoD OM No.14(2)/76/D(Civ-II) dated 25.06.1983 on the basis of wage limit notionally determined. Accordingly, OTA will be paid to them on the basis of wage limit notionally determined on the basis of old pay scales until the new wage limit is defined by the Ministry of Labour & employment based on the consumer expenditure survey published by NSSO. Thereafter, the OTA will be paid to them on the basis of new wage limit notionally determined, if the basic pay exceeds the new wage limit.

4. The other conditions as laid down in this Ministry’s letter No. 14(1)/97/D(Civ-II) dated 1st July,1998 shall remain unchanged.

5. This issues will the concurrence of MoD(Finance/AG/PB) vide their Dy.No.04/AG/PB dated 15.02.2018 and after consultation with Ministry of Labour & Employment vide their ID No.C-16025/09/2017-ISH-II dated 13.11.2017.

(Dalpat Singh)
Under Secretary to the Govt. of India
Tel : 23014675

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