Beruflich Dokumente
Kultur Dokumente
17(3)/2011
FOOD CORPORATION OF INDIA
HEADQUARTERS, KHADYA SADAN
16-20, BARAKHAMBA LANE,
New Delhi, dated 09.10.2012
(Circular No.EP-14-2012-23)
Subject: Instructions regarding regulation of engagement of employees
on overtime and timely payment of Overtime Allowance to the
staff for the services rendered while ensuring maximum
economy in incurring expenditure on this account.
Attention is invited to Headquarters Circulars 63/1987 dated 05.10.1987,
34/1992 dated 16.11.1992, 55/1994 dated 01.09.1994, 12/1996 dated 15.03.1996,
26/1998 dated 15.07.1998, 37/1998 dated 13.08.1998, 24/2000 dated 04.07.2000,
EP-14-2004-04 dated 11.02.2004, EP-14-2007-11 dated 16.05.2007 advising all the
administrative authorities for exercising an effective control on OTA expenditure and
utilisation of maximum manpower during normal working office hours so that the
expenditure on OTA could be kept at the barest minimum. Time and again it has
come to the notice of Hqrs that the controlling authorities at District, Regional,
Zonal or Hqrs level sometimes engage staff on overtime in violation of the existing
terms, conditions, ceilings etc and beyond budgetary provisions. Resultantly, the
OTA claims of the staff remains pending for months and years together which in
turn leads to industrial unrest.
2.
Therefore, need has been felt to compile the prevailing instructions on the
subject and issue one consolidated circular, in supersession of all existing circulars
on OTA, for strict compliance. In case any of the provisions of the consolidated
circular is contrary to the extant instructions or does not cover any of the
instructions already circulated, matter may be referred to Hqrs for clarification with
specific reference to such earlier instructions along with comments and
recommendations.
3.
Applicability
This circular is applicable to all Cat-III & IV Staff of the Corporation.
4.
Rates
(i)
The O.T.A. rates for all the Category III and IV employees of the Corporation
in the non-statutory areas i.e. where exemption under the relevant Shops and
Establishment Acts has been granted shall be applicable at the rate 1.1 times of
hourly normal rates.
(ii)
The O.T.A. rates to the FCI establishment in the statutory areas i.e. where
exemption has not been granted shall be applicable as per the provision of relevant
Shops & Establishment Act of the relevant State/UTs or in accordance with the
prevailing directions of the Court Case, if any.
(iii)
However, for the purpose of Pay for determining hourly rate of OTA, HRA
element would not be included in pay unless specifically directed to be included in
the relevant Shops and establishment Act.
3
4
6.
Name
of
office
District Offices
(including staff
posted
at
depots)
Regional
Offices/
Port Office
Zonal Office
Hqrs
(ii)
B.
Ceiling
(i)
Ceiling and other conditions prescribed for deployment of staff on overtime
basis in the local Shops & Estt. Act shall be followed strictly by the authorities. In no
case the maximum ceiling prescribed in the local Shops & Estt. Act should be
allowed to exceed. Where no such ceiling is applicable or such prescribed ceiling is
more than 150 hours per year, the same should be capped at 150 hours per year. In
other words, the ceiling (of maximum period) should not exceed 150 hours or
maximum number of hours in a year as per the ceiling prescribed in the local S&E
Act as the case may be, whichever is lower. In no case the prescribed ceilings of
local Shops & Establishment Act shall be allowed to exceed. In such an eventuality,
the sanctioning authorities are required to place the factual position before the
Board of Directors through DGM(Hqrs.) in consultation with CGM(A/cs) and
simultaneously, forward a copy of the letter obtained from the concerned Labour
Commissioner granting relaxation in excess of the ceiling prescribed pursuant to the
provisions contained in the local Shops and Establishment Act. While forwarding
cases of OTA beyond prescribed maximum ceiling, it is also to be certified by the
Competent Authority that all the provisions contained in the local S & E Act has
been complied with and detaining of staff beyond the ceiling (as per S&E Act) was
absolutely essential in the interest of the organisation.
(ii)
The engagement of officials on overtime should also be so regulated that no
employee is permitted to be engaged on overtime beyond the maximum ceiling of
1/3rd of the wages during the month. The Controlling officers are directed to
regulate the engagement of employees on overtime accordingly. The Monthly
Wage for this purpose, shall include the element of Basic Pay, Dearness Pay,
Dearness allowance, and House Rent Allowance (only if local S&E Act includes HRA
in the definition of wage). Hourly rate of normal wages will be reckoned w.r.t.
normal working hours of staff in that working place.
(iii)
Such restriction of 1/3rd of monthly wages, shall be regulated on month to
month basis. However, wherever exigencies demand, the restrictions of 1/3rd wages
shall be applied on annual basis.
(iv) Maximum ceiling of 1/3rd restriction may not be insisted upon in the case of
Drivers, Officials controlling them and personal staff of the Regional/Zonal
heads/CGMs and also Officers of the level of CGMs/EDs/MD/Chairman in the
Headquarters.
(v)
Maximum ceiling of 1/3rd restriction may not be insisted upon in the case of
Depots/Railheads for operational works only, in exceptional and emergent situations
for loading/ unloading of rakes. However, in such cases prior approval of the
GM(Region) shall be necessary. In such cases, invariably, it shall be the personal
responsibility of the Area Manager to secure prior approval of the General Manager
(Region).
(vi) Where the total cumulative OTA payable to an individual in a Financial Year
exceeds Rs. 1 Lakh, prior approval of GM(Region) would be required. Where the
total cumulative OTA payable to an individual in a Financial Year exceeds Rs.1.75
Lakh prior approval of ED(Zone) would be required.
(vii) No OTA shall be applicable for persons deployed on tour basis except on
procurement duty. Persons deployed on procurement duty shall have the option to
claim either daily allowance/composite daily allowance (involving night stay) or OTA
but not both. Such option need to be exercised at the beginning of the concerned
procurement season and once exercised shall be applicable for the full season.
(viii) It would be the personal responsibility of the controlling officer to ensure that
no one is engaged on OTA basis in breach of the above ceilings.
(ix) The Drawing & Disbursing Authorities shall keep administrative/sanctioning
authorities informed of the deficiencies noticed with reference to local Shops and
Establishment Act, breach of ceiling etc.
8.
(i)
Whenever staff is deployed on OTA basis beyond the normal working hours,
the payment of OTA for such period should be made. The payment of OTA for
services already rendered cannot be denied for the reasons like non-availability of
budget, ceiling etc, since it is the personal responsibility of the controlling
authorities to ensure availability of budget and compliance of terms, conditions,
norms, ceiling etc as provided under the extant instructions before deploying the
staff on overtime.
(ii)
All the employees should scrupulously follow the procedure to mark their time
of arrival and departure at the main gate of the Office/Depot and the OTA payments
shall be released only after verifying the same from such Register. No OTA claim
shall be entertained unless supported by such entry and no Representation from the
employee shall be entertained in this regard.
(iii)
Under all circumstances, OTA claims shall be processed within a maximum
period of 30 days from the receipt of the claim and payment shall be ensured within
45 days from receipt of initial claim. In case of denial of claim for any reason, such
denial shall also be communicated along with the reason of denial within 45 days
from receipt of claim.
(iv) It shall be the responsibility of the individual concerned to furnish the OTA
claims within 30 days. OTA claims not furnished within 30 days by the employee
concerned shall be treated as lapsed. However, GM(Region) shall have the power to
condone delay in submission of claims upto 30 days and ED(Zone)/Concerned ED in
Hqrs shall have the power to condone delay in submission of claims upto a further
period of 30 days on the recommendation of GM(Region)/concerned GM in case of
Hqrs/Zone. No claim shall be entertained in future in this regard beyond this period
and neither shall such delay be condoned by any authority.
(v)
In all cases, while forwarding the OTA claims for payment, the Competent
Authority shall, inter-alia, certify as to the extent of completion of the job assigned
to the employees at the time of their engagement on overtime.
(vi) It shall be ensured that the applicability of provisions of Income Tax and any
other Central/State Legislations are duly complied with while releasing payment.
(vii) All administrative authorities shall ensure that the proposals for
budgets/additional funds for OTA is taken up with Budget and Cost Division through
proper channel within the period as prescribed by them at the time of finalisation of
Budget Estimates/Revised Estimates for each financial year. All administrative
authorities are to ensure that due care and caution is exercised in passing O.T.A.
claims and the total expenditure on this account should in no case, exceed the
overall budgetary ceiling. Where such a situation is expected to arise in the near
future, appropriate request for additional budget shall be furnished through the
proper channel as prescribed by Budget and Cost Division of Hqrs. For the purpose
of utilisation of budget, OTA sanctioned but not paid shall also be considered.
(viii) The expenditure on OTA is to be booked separately for Office staff and Depot
staff in the Books of Account.
9.
(i)
The Executive Directors(Zone)/ General Managers(Region) shall identify the
areas in the Region/District where there is heavy incidence of OTA without much
turn over/operations and take necessary action to curb the incurrence of the
overtime allowances substantially in such areas. All Administrative Authorities
should exercise their powers with prudent restraint and in consultation with
associate finance and ensure that OTA expenditure does not exceed the pro-rata
budget allotment on quarterly basis.
(ii)
A comparative analysis of OTA incurred vis-a-vis men in position and OTA
incurred per person may be carried out on monthly basis by all
ED(Zone)/GM(Region) for the Regions/Districts under their control.
(iii)
Wherever OTA paid to an individual exceeds Rs.1 Lakh in a Financial Year, the
same shall be reported to Zonal Office for the purpose of Zonal Performance Review
Meeting.
(iv) Wherever OTA paid to an individual exceeds Rs.2 Lakh in a Financial Year, the
same shall be reported to DGM(Hqrs) for the purpose of Monthly Performance
Review Meeting.
(v)
It should be ensured that the consolidated statement of expenditure,
including details of unpaid amount, as prescribed by Budget and Cost Division of
Hqrs. is furnished within the prescribed time frame.
10. Any violation of these instructions or any lapse in the implementation at any
level shall be viewed seriously and erring officers/officials shall be liable for
appropriate disciplinary action for such lapses.
11. It would be the personal responsibility of the controlling officer to ensure that
no one is engaged on OTA basis in violation of the extant instructions and in
anticipation of approval of the competent authority.
12. These instructions may be duly circulated amongst the officers/officials and
copy of this Circular be exhibited on the Notice Board.
Sd/(R.K.Chaturvedi)
General Manager(P&IR)
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