Central Overtime Muster Roll Exempted Workers

Sharda is an employee who is not working on a regular wage system in a small town in India. But she is required to report to work every day, and her attendance is marked on the Muster Roll.

She is an exempted worker, so she had no clue why her attendance is marked on a formal muster roll, thinking it is not a requirement. But central overtime muster roll exempted workers is one of the major requirements of the Factories Act 1948

The Factory Act of 1948 is a social law enacted for the safety, health, and welfare of workers in the workplace. The purpose of the law is to regulate the working conditions of production companies that fall under the definition of the term "factory" used in the law.

What Is A Muster Roll - Central Overtime Muster Roll Exempted Workers?

Muster Rolls or central overtime muster roll exempted workers' attendance rosters are typically used to describe a roster of workers employed to manage attendance at a factory or construction site. The central overtime muster roll exempted workers is used to track the attendance of all workers, including exempted workers and contractors, for a specific period. It can also be used to confirm an employee's monetary claims related to wage payments.

Originally meant and introduced in the context of maritime law, the central overtime muster roll exempted workers contains important information about the employee like name, age, the rank of the employee on board, and many other details. Employers who hire workers maintain a sample list to track their existence and the obligations they carry out.

What is the 1948 Factory Act?

The Factory Act, which was introduced in 1948 and enacted in 1949, became known as the 1948 Factory Act. To control exploitation and regulate working hours, the Law contains a comprehensive solution to workers' problems, among other aspects. As stipulated in the Adult Working Hours Regulations, workers cannot work more than 48 hours a week in the factory, but weekly holidays should be respected.

According to the law, it is essential to keep all factories clean to protect the health of workers. Drinking water should be available in sufficient quantity. There should be enough urinals in the right place. The premises must be well lit, well ventilated, and at a comfortable temperature.

In all factories, the law requires proper and proper equipment for workers to wash their clothes. Other facilities that should be available include clothing storage and drying facilities, comfortable seating, first aid kits, and crates. The law states that machines must be fenced and young people are not allowed to work on dangerous machines. It is necessary to prepare a manhole of sufficient size so that an emergency exit can be secured in a limited space.

What Is the Purpose Of The 1948 Factory Act?

The main purpose of the law is to protect the interests of workers, control exploitation, and ensure the safety of workers. Workplace hygiene and cleanliness are also priorities. Both factory owners and managers have various obligations, obligations, and responsibilities. Court decisions and changes in the law have expanded the scope of the occupant's role, especially regarding dangerous processes in factories. The main purposes of the law are:

Regulation of factory working conditions
Regulate annual leave regulations
Health regulations
Ensuring security
Make special preparations for children, women, and young workers

Penalties for violations under the law

If you violate the Factory Act of 1948, or if you violate the rules created under that Act, you may be punished as follows:

1-year imprisonment
Up to Rs. 1 lakh as a fine
or both

In addition, employees may be fined Rs. 500 if any device or appliance is misused in connection with the safety and health of the worker or the performance of the job.

Applicability of the law – Regarding central overtime muster roll exempted workers

This law applies to all factories, including state and central government, and facilities such as:

More than 10 workers are employed using electricity and engaged in manufacturing activities
More than 20 workers are hired without energy and are active in the production
Less than 10 employees if the activity is reported by the state government

The manager of each factory with overtime workers should maintain a specific format central overtime muster roll exempted workers showing the normal piece work or hourly wages of all workers. This manager must correctly enter overtime and payments for all employees on leave and work. The central overtime muster roll exempted workers should always be available for inspection.

Who are the Exempted workers for central overtime muster roll exempted workers?

The state government may enact regulations within the scope and conditions stipulated for employees of the statutory age of the company that provides the exemption.

Workers engaged in emergency repairs from the provisions of sections 51, 52, 54, 55, and 56
Workers engaged in preparatory or auxiliary work shall be outside the scope specified for the general operation of the factory from the provisions of Articles 51, 54, 55, and 56. It must be implemented inevitably
Workers who inevitably engage in very irregular work are usually required under Article 55 of the provisions of Articles 51 and 54. The time they are on a break is longer than the time they spend on their productivity at work, under the provisions of Articles 55 and 56
Employees engaged in work that must be carried out continuously by the provisions of Articles 51, 52, 54, 55, and 56 for technical reasons
Workers engaged in the manufacture or supply of daily necessities that must be manufactured or supplied daily under the provisions of Articles 51 and 52
From the provisions of sections 51, 52, and 54, workers engaged in manufacturing processes that can only be carried out during the specified season
Workers engaged in manufacturing processes that are only occasionally dependent on intermittent exposure to natural forces, as provided in Articles 52 and 55
Workers engaged in the maintenance of the machine room of the boiler room or the power generation or power transmission machine, under the provisions of Articles 51 and 52
Workers engaged in newspaper printing were detained by machine failure under the provisions of Articles 51, 54, and 56
Workers engaged in the loading and unloading of rail vehicles or trucks or trucks from the provisions of sections 51, 52, 54, 55, and 561
From the provisions of sections 51, 52, 54, 55, and 56, by employees performing the work described in the official bulletin by the state government as a national important work
Exceptional regulations under paragraph 2 may also provide a consequential exemption from the provisions of Article 61, which are deemed appropriate under the conditions provided by the state government
Some women and children are also exempted from the working conditions but their names will be included in the central overtime muster roll exempted workers

Who is a worker according to the law in the context of central overtime muster roll exempted workers?

According to Section 2 (l), a "worker" in the manufacturing industry, whether for profit or not, with or without the knowledge of the principal employer, either directly or by an agent (including a contractor).

Or it means someone who is hired through an agency.

A person who is a part of the process or cleaning of a part of a machine or facility that is used for or is part of a manufacturing process but is not a member of the Allied Forces.

Details included in the central overtime muster roll exempted workers

Under Section 62 (1) of the 1948 Factory Act, the manager of each factory shall keep a central overtime muster roll of exempted workers and a register of adult workers available to inspectors at any time during working hours or when work is being carried out at the factory, indicating the following.

The name of each adult worker in the factory
The nature of his work
The group to which he belongs, if applicable
The relay assigned to him where his group shifts
Other required information

The inspector determines that the model record or register maintained as part of the factory routine contains the necessary information about some or all workers in the factory. In this section, he shall, by written order, instruct him to maintain and treat such a model list or register in place of the register of adult workers in the factory.

Under section 1 [(1A), an adult worker may not work in a factory unless his name and other details have been entered in the adult worker register.

Who Maintains the Central Overtime Muster Roll Exempted Workers?

In every factory, the manager is required to maintain the Form 29 - muster roll containing the following information:

the workers' names
their job description
the workers' daily attendance
Month ending ………… 20……

Details of Employees to be Recorded in the Central Overtime Muster Roll Exempted Workers

The employers need to specify and dedicate a particular number to each exempted employee in the central overtime muster roll exempted workers register of adult workers –

The name of the exempted worker, along with his details should be clearly mentioned on the central overtime muster roll for exempted workers
Employers must specify the department in which the exempted employee is working
A clear record of the dates on which the exempted employee has worked overtime should be recorded on the central overtime muster roll for exempted workers
Besides the dates, the extent of overtime on each occasion should also be mentioned
Total overtime hours worked or production in case of pieceworkers and exempted ones should be written
Employers also need to note down the normal working hours of the exempted employees in the central overtime muster roll exempted workers
The normal rate of pay for piece work or rate of pay per hour should be given
The overtime rate of pay should be mentioned in a column of the central overtime muster roll exempted workers
After calculation based on the given rate and number of hours the normal earnings should be calculated and mentioned
Similarly, the overtime earnings should be clearly mentioned
A cumulative sum of the above two should be mentioned in the central overtime muster roll exempted workers as Total Earnings
Employers need to specify the date on which overtime payment made was made to the exempted employees

Sample of Central Overtime Muster Roll Exempted Workers Form

Number in the Register of adult Workers

Name of exempted worker

Department

Dates on which overtime has been worked

The extent of overtime on each occasion

Total overtime hours worked or production in case of pieceworkers

Normal hours

The normal rate of pay for piece work or rate of pay per hour

Overtime rate of pay

Normal Earnings

Overtime Earnings

Total Earnings

The date on which Overtime payment made

Conclusion

The current factory law, which has been in force for the past so many years, has brought many benefits to factory workers. It has significantly improved working and employment conditions. The government is actively considering introducing some significant changes to the law to keep it up to date and more effective.

Factory managers play an important role in ensuring the health, safety, and well-being of workers as they are the backbone of the industrial sector. However, workers and their agents must inform themselves about the various provisions of the law and protect their interests. This requires the defaulting employer to be aware of their legal obligations. It is mandatory for employers to maintain attendance of all employees, whether full-time, part-time, or exempted employees using a central overtime muster roll exempted workers

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Key Takeaways

The Factory Act was introduced in 1948 ensuring the health, safety, and well-being of workers as they are the backbone of the industrial sector
A central overtime muster roll exempted workers is to be maintained by employers to note down the attendance of all employees including the exempted employees
The definition of exempted employees is authorized by the State Government
The form of central overtime muster roll exempted workers needs to be filled properly with all details regarding normal wage hours and overtime hours of the exempted employees