Rule 86. Exemption to certain employees [Section 91]

(1) The employees, who are not covered under Section 2(1)(zzl) and the employees who are holding a confidential position in a factory, provided that they are not required to perform manual labour as regular part of their duties and the ordinary wage exceeds the wage limit specified in sub-section(6) of Section 1 of the Payment of Wages Act,1936 as amended from time to time or specified in equivalent Code , the provisions under Section 27 and rule made thereunder shall be exempted to such an extent as specified below:

(a) such employees shall be provided not less than such equivalent hours as compensatory off/ holiday against extra hours or overtime so worked; or

(b) wages not less than the rate of normal wages in respect of such extra hour of work shall be paid; or

(c) any equivalent of sub-clause (a) and (b)

Provided that such employees may be called at any time for any work under emergency circumstances which might lead to endangering the life of the employees or general public in vicinity.

(2) For employees mentioned in the Section 26 of the code and Rule made thereunder shall not apply and normal daily hours work may exceed 8 hours subject to weekly hours limit.

(3) The following persons shall be deemed to hold confidential positions in a factory:

(i) Stenographers,

(ii) Personal Assistants,

(iii) Personal Secretaries,

(iv) Office Superintendent,

(v) Head Clerk, where there is no Office Superintendent,

(vi) Head Munim where there is no Office Superintendent or Head Clerk,

(vii) Head Accountant,

(viii) Head Cashier,

(ix) Cashier,

(x) Head Time-keeper,

(xi) Telephone Operator,

(xii) Receptionist,

(xiii) Any other person, who in the opinion of the State Government, holds a confidential position and is so declared in writing by it.

(4) For Continuous Process Factories as set out in Schedule 'F', provisions of Section 26 and Section 27 and rules made thereunder are exempted to such an extent as prescribed in Schedule 'F'.