THE MOTOR TRANSPORT WORKERS ACT, 1961

1961 · State unknown · central · act_text

Sections (42)

1 · . Short title, extent, commencement and application . — (1) This Act may be called the Motor Transport Workers Act, 1961.

3 · [Provided that it shall come into force in the State of Jammu and Kashmir * on the commencement of the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970.]

2 · . Definitions . — In this Act, unless the context otherwise requires,—

1 · The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).

2 · The Act has been brought into force as follows:—

3 · The proviso added by s. 2 and the Schedule, ibid. (w.e.f. 1-9-1971).

4 · Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).

1 · Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).

3 · . Registration of motor transport undertaking . — (1) Every employer of a motor transport undertaking to which this Act applies shall have the undertaking registered under this Act.

4 · . Chief inspector and inspectors . — (1) The State Government may, by notification in the Official Gazette, appoint for the State a duly qualified person to be the chief inspector and as many duly qualified persons to be inspectors subordinate to the chief inspector as it thinks fit.

5 · . Powers of the inspectors . — (1) Subject to such conditions and restrictions as the State Government may by general or special order impose, the chief inspector or an inspector may—

6 · . Facilities to be afforded to inspectors . — Every employer shall afford the chief inspector and an inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act.

7 · . Certifying surgeons . — (1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such motor transport undertakings or class of motor transport undertakings as it may assign to them respectively.

8 · . Canteens . — (1) The State Government may make rules requiring that in every place wherein one hundred motor transport workers or more employed in a motor transport undertaking ordinarily call on duty during every day, one or more canteens shall be provided and maintained by the employer for the use of the motor transport workers.

15 · . Daily intervals for rest . — (1) The hours of work in relation to adult motor transport workers on each day shall be so fixed that no period of work shall exceed five hours and that no such motor transport worker shall work for more than five hours before he has had an interval for rest for at least halffan-hour:

16 · . Spread-over . — (1) The hours of work of an adult motor transport worker shall, except in any case referred to in the second proviso to section 13, be so arranged that inclusive of interval for rest under section 15, they shall not spread-over more than twelve hours in any day.

17 · . Split duty . — Subject to the other provisions contained in this Act, the hours of work of a motor transport worker shall not be split into more than two spells on any day.

18 · . Notice of hours of work . — (1) There shall be displayed and correctly maintained by every employer a notice of hours of work in such form and manner as may be prescribed showing clearly for every day the hours during which motor transport workers may be required to work.

19 · . Weekly rest . — (1) The State Government may, by notification in the Official Gazette, make rules providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers.

20 · . Compensatory day of rest . — Where, as a result of any exemption granted to an employer under the provisions of this Act from the operation of section 19, a motor transport worker is deprived of any of the days of rest to which he is entitled under that section, the motor transport worker shall be allowed within the month in which the days of rest are due to him or within two months immediately following that month, compensatory days of rest of equal number to the days of rest so lost.

21 · . Prohibition of employment of children . —N —No child shall be required or allowed to work in any capacity in any motor transport undertaking.

22 · . Adolescents employed motor transport workers to carry tokens . —N —No adolescent shall be required or allowed to work as a motor transport worker in any motor transport undertaking unless—

23 · . Certificate of fitness . — (1) A certifying surgeon shall , on the application of any adolescent or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed as a motor transport worker in a motor transport undertaking if certified to be fit for that work, or on the application of the employer or any other person on his behalf with reference to any adolescent intending to work, examine such person and ascertain his fitness for work as a motor transport worker.

24 · . Power to require medical examination . — Where an inspector is of opinion that a motor transport worker working in any motor transport undertaking without a certificate of fitness is an adolescent, the inspector may serve on the employer a notice requiring that such adolescent motor transport worker shall be examined by a certifying surgeon and such adolescent motor transport worker shall not, if the inspector so directs, be employed or permitted to work in any motor transport undertaking until he has been so examined and has been granted a certificate of fitness under section 23.

25 · . Act 4 of 1936 to apply to payment of wages to motor transport workers . — The Payment of Wages Act, 1936 (4 of 1936), as in force for the time being, shall apply to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as if the said Act had been extended to the payment of wages of such motor transport workers by a notification of the State Government under sub -section (5) of section 1 thereof, and as if a motor transport undertaking were an industrial establishment within the meaning of the said Act.

26 · . Extra wages for overtime . — (1) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first proviso to section 13 or where he is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be.

27 · . Annual leave with wages . — (1) Without prejudice to such holidays as may be prescribed, every motor transport worker who has worked for a period of two hundred and forty days or more in a motor transport undertaking during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of—

28 · . Wages during leave period . — (1) For the leave allowed to a motor transport worker under section 27, he shall be paid at the rate equal to the daily average of his total full time wages for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime earnings and bonus, if any, but inclusive of dearness allowance and the cash equivalent of the advantage, if any, accruing by the concessional supply by the employer of foodgrains for the day on which he worked.

29 · . Obstructions . — (1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any motor transport undertaking shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

30 · . Use of false certificate of fitness . — Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 23 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.

31 · . Contravention of provisions regarding employment of motor transport workers . — Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a motor transport undertaking, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both , and in the case of a continuing contravention with an additional fine which may extend to seventy-five rupees for every day during which such contravention continues after conviction for the first such contravention.

32 · . Other offences . — Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

33 · . Enhanced penalty after previous conviction . — If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both:

34 · . Offences by companies . — (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

35 · . Cognizance of offences . —N —No court shall take cognizance of any offence under this Act except on complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.

36 · . Limitation of prosecutions . —N —No court shall take cognizance of an offence punishable under this Act, unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector:

37 · . Effect of laws and agreements inconsistent with this Act . — (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act:

38 · . Exemptions . — (1) Nothing contained in this Act shall apply to or in relation to any transport vehicle —

39 · . Powers to give directions . — The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act.

40 · . Power to make rules . — (1) The State Government may, subject to the condition of previous publication 1 [ , b by notification in the Official Gazette,] make rules to carry out the purposes of this Act:

1 · [(3) Every rule made by the State Government under this Act, shall be laid , as soon as it is made , before the State Legislature.]

1 · Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

THE MOTOR TRANSPORT WORKERS ACT, 1961

Sections (42)

Subordinates (0)