Section 64 of FA, 1948 : Section 64: Power To Make Exempting Rules

Explanation using Example

Imagine a scenario where a factory in Uttar Pradesh is facing a sudden spike in orders due to an upcoming festival season. The factory produces essential goods that must be delivered daily. To meet the demand, the factory manager decides to extend the working hours for the workers beyond the standard limits set by the Factories Act, 1948.

Under Section 64 of the Factories Act, the State Government of Uttar Pradesh has the power to make rules that allow for such exemptions. In this case, the factory could apply for an exemption under clause (e) of sub-section (2), which pertains to workers engaged in making or supplying articles of prime necessity that must be made or supplied every day.

Additionally, the Uttar Pradesh Government has amended Section 64 to increase the total number of overtime hours a worker can perform in a quarter from fifty to one hundred hours. This amendment allows the factory workers to legally work overtime to fulfill the increased demand during the festival season.

However, the factory must ensure that the total number of hours of work, including overtime, does not exceed sixty in a week and that the spread over, inclusive of rest intervals, does not exceed twelve hours in any one day, as per the limits set by sub-section (4) of Section 64.