Overtime rules for govt. employees.
Binod Kr.
(Querist) 08 April 2018
This query is : Resolved
Is there any provision of paying extra money to a government employee for working in public holidays or overtime? If yes, under which rule?
Ms.Usha Kapoor
(Expert) 08 April 2018
YES THERE ARE RULES TO PAY OTA TO CENTRAL government EMPLOYEES WORKING 0NPUBLIC HOLIDAYS.some states MAY ALSO HAVE.e;g. Maharashtra
http://www.gconnect.in/orders-in-brief/pay-allowances/allowance-orders-in-brief/overtime-allowance-central-government-employees-rates-ota.html
Guest
(Expert) 08 April 2018
@ Ms. Usha Kapoor, which overtime rule, you have not quoted, as he intended to know?
Dr J C Vashista
(Expert) 08 April 2018
Academic question should be put to your tutor or some impersonating and fake expert as hereinabove.
Sudhir Kumar, Advocate
(Expert) 08 April 2018
you can visit website of dept. there are administrative instruction governing over time rules no statutory rules are there.
These instructions do not apply on gazetted officers as they are not entitled to OTA or compensatory off.
Further there is statutory provision under FR-11 whereby any govt servant can be called upon to attend any duty at any for any no of hours without any remunerations.
your query is vague. It does not specify any problem. It also does not specify the status of the person involved. So no useful (to the problem faced) view can be offered.
Dr J C Vashista
(Expert) 08 April 2018
Dear Mr. Sudhir Kumar,
I think you will agree with me that the rule 11 of FR Rules is a history now, which has been replaced by compensatory off for class III & IV government employees?
Please correct me if I am wrong.
Thanks and regards.
Guest
(Expert) 08 April 2018
Dear Dr. J C Vashist,
FR 11 is not yet history,Being a general condition of service that rule is an integral part of the FR&SR and is not likely to become history any time in Government service. The Rule prescribes as follows:
"Unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority, without claim for additional remuneration."
In fact that Rule exists just to desist the indisciplined and miscreant employees from insubordination, if ordered in the interest of service to discharge their duties and responsibilities even at the odd time or on holidays on account of any urgency of work to cope with the shortage of staff. For example during Budget session of Parliament, most of the people concerning the preparation and finalization of budget are made to stay in their respective offices so that they may not only complete their jobs well within the target dates, but also to avoid leakage of any information pertaining to the Budget. Similarly, on commotion in public life in curfew days most of the employees pertaining to emergency services, like communications, water, electricity, etc,. are made to stay in their offices and to work to handle sensitive service without observing the fixed duty hours.
However, as of a distinct provision for the class-III and IV, the provision of compensatory off exists there even since the year 1964. But, still employees so detained cannot claim the compensatory off all at a time to avoid making the Government work stand still. They can avail compensatory off within a specified period of time individually or in batches.of one or two. But still at some occasion, the Administrative Head can exercise his discretion to refuse compensatory off to any employee, if he feels the Government work can suffer due to shortage or being on off of the employees. Over time is normally barred due to economic reasons. However, OTA for workers in the industrial organizations is a must, as per Industrial Laws.
Sudhir Kumar, Advocate
(Expert) 09 April 2018
I do agree with Mr Vashista that there is procedure for compensatory off for Gp-C&D and even for Gp-B (Non-gaz) but these are administrative instructions and FR11 a statutory provision is still part of rule book which none likes to use.
Sudhir Kumar, Advocate
(Expert) 09 April 2018
I do agree with Mr Dhingra that OTA is obligatory for Industrial worker (which at times includes govt servants).
Howe3ver the querist in his vague query nowhere stated as to which category of govt servants he is refereeing to.
Binod Kr.
(Querist) 09 April 2018
Thank you all respected Sirs/Madam for their kind reply. Sudhir Kumar sir, I just wanted to know the general rule regarding working overtime in govt. sectors. But to be specific here it is. We are non-gazetted field workers. We are block development office's staff. We work under BDO. We are often summoned by our officers for meetings and other work after 5:00 PM and even in holidays like Sundays and other public holidays. We work in our fields from 8:00-9:00 AM to 5:00 PM then we're called in office for meeting which ends at 7:00-8:00 PM. Same routine continues in religious and other holidays and Sundays. We just wanted to know that whether our constitution has given us some rights or not regarding definite working hours. We're OK to work in these conditions if there's an emergency, but it's a daily routine for us. Can we demand for overtime? Thanks.
Ms.Usha Kapoor
(Expert) 09 April 2018
You click this link. You'd know central staff would be paid Over time allowance if they work on public holidays.
http://www.gconnect.in/orders-in-brief/pay-allowances/allowance-orders-in-brief/overtime-allowance-central-government-employees-rates-ota.html
Maharashtra Govt also started Paying OTA to state Govt employees working on public Holidays.
Ms.Usha Kapoor
(Expert) 09 April 2018
Before blaming me do some introspection. After thorough checking only I'd type an answer. Still errors are coming because of health problems What is analytical? define.
Ms.Usha Kapoor
(Expert) 09 April 2018
Instead of insulting me before that old fox cant you ignore me and clicked the link I'd provided there for further information wherein rule /Notification Number. everything is provided..
Cant you click and see. bastard. There are others who stilt after many years of Lawyers club experience don't give any advice or advice with full errors You uplift such weaker sections. I'm far more brainy than you. Leave me alone. Your inferiority complex due to your lack of qualifications you are taking on me.
Sudhir Kumar, Advocate
(Expert) 09 April 2018
The DOPT OM No 15012/3/86-Estt. (Allowance) dt 19.3.91, linked by Ms Kapoor is relevant to the subject. These have further been modified on 9.6.94, 21.11.97 & 30.3.10. These are administrative instructions and govern the modalities as to how the OTA is to be paid.
But the facts remains that :-
1. No OTA is admissible to Govt servant and the querist has not specified his status. So it is not clear whether at all he is entitled to OTA.
2. FR-11 is a statutory provision. which reads as under
F.R. 11—Unless in any case it be otherwise distinctly provided, the whole time of a Government
servant is at the disposal of the Government which pays him, and he may be employed in any manner
required by proper authority, without claim for additional remuneration; whether the services
required of him are such as would ordinarily be remunerated from general revenues, from a local
fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government.
Guest
(Expert) 09 April 2018
@ Ms. Usha Kapoor,
If health issues are there, who compelled you to compulsorily make wrong and misguiding posts? Here also, you have made a blunder of not applying your mind. The employee is a State Government Employee and not a Central Government employee to be governed by the instructions available in your link. So far as the pay and allowances are concerned, the State Government has their own set of rules for their employees, which usually differ from State to State, as well as of the Centre.
