Factories Act, 1934 — section 47

47. Extra pay for overtime..—_3[(1) Where a worker

(a)in a non-seasonal factory works for more than nine hours in any day or for more than forty-eight hours in any week, or

(b)in a seasonal factory works for more than nine hours in any day or for more than fifty hours in any week, he shall be entitled in respect of the overtime worked to pay at the rate of twice his ordinary rate of pay.] 1 Subs and omitted by the Finance Act, 2006 (Act No. III of 2006), s. 3. 2 Subs. by A. O., 1937. 3 Subs. by Act No. X of 1946. s. 7. (w. e. f. the 1st August, 1946). 1 [Explanation.___In this sub-section, ‘ordinary rate of pay’ means all remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include

(i)the value of any house-accommodation, supply of light, water, medical attendance or other amenity ;

(ii)any contribution paid by the employer to any pension fund or provident fund ;

(iii)any travelling allowance or the value of travelling concession ; or

(iv)any gratuity, bonus or share in the profits of the factory.]

(3)Where any workers are paid on a piece rate basis, the 2[Provincial Government] in consultation with the industry concerned may for the purposes of this section fix time rates as nearly as possible equivalent to the average rate of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of those workers for the purposes of this section.

(4)The 2[Provincial Government) may prescribe the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.