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THE MOTOR TRANSPORT WORKERS ACT, 1961
ACT NO. 27 OF 1961*1
[20th May, 1961.]
An Act to provide for the welfare of motor transport workers and to
regulate the conditions of their work.
BE it enacted by Parliament in the Twelfth Year of the Republic
of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent, commencement and application.
1. Short title, extent, commencement and application.- (1) This
Act may be called the Motor Transport Workers Act, 1961.
(2) It extends to the whole of India 2***.
(3) It shall come into force on such date, not being later than
the 31st day of March, 1962, as the Central Government may, by
notification in the Official Gazette, appoint and different dates may
be appointed for different States:
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.]
(4) It applies to every motor transport undertaking employing
five or more motor transport workers:
Provided that the State Government may, after giving not less
than two months, notice of its intention so to do, by notification in
the Official Gzette, apply all or any of the provisions of this Act to
any motor transport undertaking employing less than five motor
transport workers.
2.
Definitions.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(a) "adolescent" means a person who has completed his
3*[fourteenth] year but has not completed his
eighteenth year;
(b) "adult" means a person who has completed his eighteenth
year;
(c) "child" means a person who has not completed his
3*[fourteenth] year;
Amended in Tamil Nadu by T.N. Act 54 of 1975.
Amended in West Bengal by W.B. Act 46 of 1978.
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1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963,s. 3 and
Sch. I and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.
Amended in Tamil Nadu by T.N. Act 54 of 1975.
Amended in West Bengal by W.B. Act 46 of 1978.
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 26
4. Added by s. 2 and Sch. ibid. (w.e.f. 1-9-1971.)
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(d) "day" means a period of twenty-four hours beginning it
midnight:
Provided that where a motor transport worker's duty
commences before midnight but extends beyond midnight,
the following day for him shall be deemed to be the
period of twenty four hours beginning when such duty
ends, and the hours he has worked after midnight shall
be counted in the previous day;
(e) "employer" means, in relation to any motor transport
undertaking, the person who, or the authority which,
has the ultimate control over the affairs of the motor
transport undertaking, and where the said affairs are
entrusted to any other person whether called a manager,
managing director, managing agent or by any other name,
such other person;
(f) "hours of work" means the time during which a motor
transport worker is at the disposal of the employer or
of any other person entitled to claim his services and
includes--
(i) the time spent in work done during the running time of
the transport vehicle;
(ii) the time spent in subsidiary work; and
(iii) periods of mere attendance at terminals of less than
fifteen minutes.
Explanation.-- For the purposes of this clause--
(1) "running time" in relation to a working day
means the time from the moment a transport vehicle
starts functioning at the beginning of the working day
until the moment when the transport vehicle ceases to
function at the end of the working day, excluding any
time during which the running of the transport vehicle
is interrupted for a period exceeding such duration as
may be prescribed during which period the persons who
drive, or perform any other work in connection with the
transport vehicle are free to dispose of their time as
they please or are engaged in subsidiary work;
(2) "subsidiary work" means work in connection
with a transport vehicle, its passengers or its load
which is done outside the running time of the transport
vehicle, including in particular--
(i) work in connection with accounts, the
paying in of cash, the signing of registers, the
handing in
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of service sheets, the checking of tickets and other
similar work;
(ii) the taking over and garaging of the transport
vehicle;
(iii) travelling from the place where a person
signs on to the place where he takes over the transport
vehicle and from the place where he leaves the
transport vehicle to the place where he signs off;
(iv) work in connection with the upkeep and repair
of the transport vehicle; and
(v) the loading and unloading of the transport
vehicle;
(3) "period of mere attendance" means the period
during which a person remains at his post solely in
order to reply to possible calls or to resume action at
the time fixed in the duty schedule;
(g) "motor transport undertaking" means a motor transport
undertaking engaged in carrying passengers or goods or
both by road for hire or reward, and includes a private
carrier;
(h) "motor transport worker" means a person who is employed
in a motor transport undertaking directly or through an
agency, whether for wages or not, to work in a
professional capacity on a transport vehicle or to
attend to duties in connection with the arrival,
departure, loading or unloading of such transport
vehicle and includes a driver, conductor, cleaner,
station staff, line checking staff, booking clerk, cash
clerk, depot clerk, time-keeper, watchman or attendant,
but except in section 8 does not include--
(i) any such person who is employed in a
factory as defined in the Factories Act, 1948
(63 of 1948);
(ii) any such person to whom the provisions of
any law for the time being in force regulating
the conditions of service of persons employed in
shops or commercial establishments apply;
(i) "prescribed" means prescribed by rules made under this
Act;
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(j) "qualified medical practitioner" means a person having a
certificate granted by an authority specified in the
Schedule to the Indian Medical Degrees Act, 1916 (7 of
1916), or notified under section 3 of that Act or
specified in the Schedules to the Indian Medical
Council Act, 1956 (102 of 1956), and includes any
person having a certificate granted under any
Provincial or State Medical Council Act;
(k) "spread-over" means the period between the commencement
of duty on any day and the termination of duty on that
day;
(l) "wages" has the meaning assigned to it in clause (vi) of
section 2 of the Payment of Wages Act, 1936 (4 of
1936);
(m) "week" means the period between midnight on Saturday
night and midnight on the succeeding Saturday night;
(n) all other words and expressions used but not defined in
this Act and defined in the Motor Vehicles Act, 1939 (4
of 1939), shall have the meanings respectively
assigned to them in that Act.
CHAP
REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS
CHAPTER II
REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS
3.
Registration of motor transport undertaking.
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.
(2) An application for the registration of a motor transport
undertaking shall be made by the employer to the prescribed authority
in such form and within such time as may be prescribed.
(3) Where a motor transport undertaking is registered under this
Act, there shall be issued to the employer a certificate of
registration containing such particulars as may be prescribed.
CHAP
INSPECTING STAFF
CHAPTER III
INSPECTING STAFF
4.
Chief inspector and inspectors.
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
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inspector and as many duly qualified persons to be inspectors
subordinate to the chief inspector as it thinks fit.
(2) The chief inspector may declare the local limits within which
inspectors shall exercise their powers under this Act, and may himself
exercise the powers of an inspector within such local limits as may be
assigned to him by the State Government.
(3) The chief inspector and all inspectors shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
5.
Powers of the inspectors.
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--
(a) make such examination and inquiry as he thinks fit in
order to ascertain whether the provisions of this Act
or rules made thereunder are being observed in the case
of any motor transport undertaking, and for that
purpose require the driver of a transport vehicle to
cause the transport vehicle to stop and remain
stationary so long as may reasonably be necessary;
(b) with such assistance, if any, as he thinks fit, enter,
inspect and search any premises which he has reason to
believe is under use or occupation of any motor
transport undertaking at any reasonable time for the
purpose of carrying out the objects of this Act;
(c) examine any motor transport worker employed in a motor
transport undertaking or require the production of any
register or other document maintained in pursuance of
this Act, and take on the spot or otherwise statements
of any person which he may consider necessary for
carrying out the purposes of this Act;
(d) seize or take copy of such registers or documents or
portions thereof as he may consider relevant in respect
of an offence under this Act which he has reason to
believe has been committed by an employer;
(e) exercise such other powers as may be prescribed:
Provided that no person shall be compelled under this sub-section
to answer any question or make any statement tending to incriminate
himself.
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(2) The provisions of the Code of Criminal Procedure, 1898 (5 of
1898.), shall, so far as may be, apply to any search or seizure under
this section as they apply to any search or seizure made under the
authority of a warrant issued under section 98 of the said Code.
6.
Facilities to be afforded to inspectors.
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.
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.
(2) The certifying surgeon shall perform such duties as may be
prescribed in connection with--
(a) the examination and certification of motor transport
workers;
(b) the exercise of such medical supervision as may be
prescribed where adolecents are, or are to be, employed
as motor transport workers in any work in any motor
transport undertaking which is likely to cause injury
to their health.
CHAP
WELFARE AND HEALTH
CHAPTER IV
WELFARE AND HEALTH
8.
Canteens.
8. Canteens.- (1) The State Government may make rules requiring
that in every place where in 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.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for--
(a) the date by which the canteens shall be provided;
(b) the number of canteens that shall be provided and the
standards in respect of construction, accommodation,
furniture and other equipment of the canteens;
(c) the foodstuffs which may be served there in and the
charges which may be made therefor;
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(d) the constitution of a managing committee for a canteen
and the representation of the motor transport workers
in the management of the canteen.
(3) The State Government may, subject to such conditions as it
may impose, delegate to the chief inspector the power to make rules
with reference to clause (c) of sub-section (2).
9.
Rest rooms.
9. Rest rooms.- (1) In every place wherein motor transport workers
employed in a motor transport undertaking are required to halt at
night, there shall be provided and maintained by the employer for the
use of those motor transport workers such number of rest rooms or such
other suitable alternative accommodation, as may be prescribed.
(2) The rest rooms or the alternative accommodation to be
provided under sub-section (1) shall be sufficiently lighted and
ventilated and shall be maintained in a clean and comfortable
condition.
(3) The State Government may prescribe the standards in respect
of construction, accommodation, furniture and other equipment of rest
rooms or the alternative accommodation to be provided under this
section.
10.
Uniforms.
10. Uniforms.- (1) The State Government may, by notification in
the Official Gazette, make rules requiring an employer of a motor
transport undertaking to provide for the drivers, conductors and line
checking staff employed in that undertaking such number and type of
uniforms, raincoats or other like amenities for their protection from
rain or cold as may be specified in the rules.
(2) There shall be paid to the drivers, conductors and line
checking staff by the employer an allowance for washing of uniforms
provided under sub-section (1) at such rates as may be prescribed:
Provided that no such allowance shall be payable by an employer
who has made at his own cost adequate arrangements for the washing of
uniforms.
11.
Medical facilities.
11. Medical facilities.- There shall be provided and maintained by
the employer so as to be readily available such medical facilities for
the motor transport workers at such operating centres and halting
stations as may be prescribed by the State Government.
12.
First-aid facilities.
12. First-aid facilities.- (1) There shall be provided and
maintained by the employer so as to be readily accessible during all
working hours a first-aid box equipped with the prescribed contents in
every transport vehicle.
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(2) Nothing except the prescribed contents shall be kept in a
first-aid box.
(3) The first-aid box shall be kept in the charge of the driver
or the conductor of the transport vehicle who shall be provided
facilities for training in the use thereof.
CHAP
HOURS AND LIMITATIONS OF EMPLOYMENT
CHAPTER V
HOURS AND LIMITATIONS OF EMPLOYMENT
13.
Hours of work for adult motor transport workers.
13. Hours of work for adult motor transport workers.- No adult
motor transport worker shall be required or allowed to work for more
than eight hours in any day and forty-eight hours in any week:
Provided that where any such motor transport worker is engaged in
the running of any motor transport service on such long distance
routes, or on such festive and other occasions as may be notified in
the prescribed manner by the prescribed authority, the employer may,
with the approval of such authority, require or allow such motor
transport worker to work for more than eight hours in any day or
forty-eight hours in any week but in no case for more than ten hours
in a day and fifty-four hours in a week, as the case may be:
Provided further that in the case of a breakdown or dislocation
of a motor transport service or interruption of traffic or act of God,
the employer may, subject to such conditions and limitations as may be
prescribed, require or allow any such motor transport worker to work
for more than eight hours in any day or more than forty-eight hours in
any week.
14.
Hours of work for adolescents employed as motor transport workers.
14. Hours of work for adolescents employed as motor transport
workers.- No adolescent shall be employed or required to work as a
motor transport worker in any motor transport undertaking--
(a) for more than six hours a day including rest interval of
half-an-hour;
(b) between the hours of 10 P.M. and 6 A.M.
15.
Daily intervals for rest.
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 half-an-hour:
Provided that the provisions of this sub-section in so far as
they relate to interval for rest shall not apply to a motor transport
worker who is not required to work for more than six hours on that
day.
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(2) The hours of work on each day shall be so fixed that a motor
transport worker is, except in any case referred to in the second
proviso to section 13, allowed a period of rest of at least nine
consecutive hours between the termination of duty on any one day and
the commencement of duty on the next following day.
16.
Spread-over.
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.
(2) The hours of work of an adolescent motor transport worker
shall be so arranged that inclusive of interval for rest under section
14, they shall not spread-over more than nine hours in any day.
17.
Split duty.
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.
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.
(2) Subject to the other provisions contained in this Act, no
such motor transport worker shall be required or allowed to work
otherwise than in accordance with the notice of hours of work so
displayed.
19.
Weekly rest.
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.
(2) Notwithstanding anything contained in sub-section (1), an
employer may, in order to prevent any dislocation of a motor transport
service, require a motor transport worker to work on any day of rest
which is not a holiday so, however, that the motor transport worker
does not work for more than ten days consecutively without a holiday
for a whole day intervening.
(3) Nothing contained in sub-section (1) shall apply to any motor
transport worker whose total period of employment including any day
spent on leave is less than six days.
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20.
Compensatory day of rest.
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.
CHAP
EMPLOYMENT OF YOUNG PERSONS
CHAPTER VI
EMPLOYMENT OF YOUNG PERSONS
21.
Prohibition of employment of children.
21. Prohibition of employment of children.- No child shall be
required or allowed to work in any capacity in any motor transport
undertaking.
22.
Adolescents employed as motor transport workers to carry tokens.
22. Adolescents employed as motor transport workers to carry
tokens.- No adolescent shall be required or allowed to work as a motor
transport worker in any motor transport undertaking unless--
(a) a certificate of fitness granted with reference to him
under section 23 is in the custody of the employer; and
(b) such adolescent carries with him while he is at work a
token giving a reference to such certificate.
23.
Certificate of fitness.
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.
(2) A certificate of fitness granted under this section shall be
valid for a period of twelve months from the date thereof, but may be
renewed.
(3) Any fee payable for a certificate under this section shall be
paid by the employer and shall not be recoverable from the adolescent,
his parent or guardian.
24.
Power to require medical examination.
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
357
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.
CHAP
WAGES AND LEAVE
CHAPTER VII
WAGES AND LEAVE
25.
Act 4 of 1936 to apply to payment of wages to motor transport workers.
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.
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.
(2) Where an adult motor transport worker works for more than
eight hours in any day in any case referred to in the second proviso
to section 13, he shall be entitled to wages in respect of the
overtime work at such rates as may be prescribed.
(3) Where an adolescent motor transport worker 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 work done on the day of rest.
(4) For the purposes of this section, "ordinary rate of wages" in
relation to a motor transport worker means his basic wages plus
dearness allowance.
27.
Annual leave with wages.
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
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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--
(a) if an adult, one day for every twenty days of work
performed by him during the previous calendar year; and
(b) if an adolescent, one day for every fifteen days of work
performed by him during the previous calendar year.
(2) A motor transport worker whose service commences otherwise
than on the first day of January shall be entitled to leave with wages
at the rate laid down in clause (a) or, as the case may be, clause (b)
of sub-section (1) if he has worked for two-thirds of the total number
of days in the remainder of the calendar year.
(3) If a motor transport worker is discharged or dismissed from
service during the course of the year, he shall be entitled to leave
with wages at the rate laid down in sub-section (1), even if he has
not worked for the entire period specified in sub-section (1) or sub-
section (2) entitling him to earned leave.
(4) In calculating leave under this section, fraction of leave of
half a day or more shall be treated as one full day's leave, and
fraction of less than half a day shall be omitted.
(5) If a motor transport worker does not in any one calendar year
take the whole of the leave allowed to him under sub-section (1) or
sub-section (2), as the case may be, any leave not taken by him shall
be added to the leave to be allowed to him in the succeeding calendar
year:
Provided that the total number of days of leave that may be
carried forward to a succeeding year shall not exceed thirty in the
case of an adult or forty in the case of an adolescent.
(6) In this section, "calendar year" means the year commencing on
the first day of January.
Explanation.-- For the purposes of this section, leave shall not
include weekly holidays or holidays for festival or other similar
occasions whether occurring during or at either end of the period of
leave.
28.
Wages during leave period.
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 over-
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time 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.
(2) A motor transport worker who has been allowed leave for not
less than four days under section 27 shall, on an application made by
him in this behalf to the employer, be paid in advance, before his
leave begins, an approximate amount equivalent to the wages payable to
him for the period of his leave and any amount so paid shall be
adjusted against the wages due to him for the aforesaid period of
leave.
(3) If a motor transport worker is not granted leave to which he
is entitled under sub-section (3) of section 27, he shall be paid
wages in lieu thereof at the rates specified in sub-section (1).
CHAP
PENALTIES AND PROCEDURE
CHAPTER VIII
PENALTIES AND PROCEDURE
29.
Obstructions.
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.
(2) Whoever wilfully refuses to produce on the demand of an
inspector any register or other document kept in pursuance of this
Act, or prevents or attempts to prevent or does anything which he has
reason to believe is likely to prevent any person from appearing
before or being examined by an inspector acting in pursuance of his
duties 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.
30.
Use of false certificate of fitness.
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
360
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.
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.
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.
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:
Provided that for the purposes of this section no cognizance
shall be taken of any conviction made more than two years before the
commission of the offence which is being punished.
34.
Offences by companies.
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:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment if he proves that the offence
361
was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable
to any neglect on the part of any director, manager, managing agent or
any other officer of the company, such director, manager, managing
agent or such other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals ; and
(b) "director", in relation to a firm, means a partner in
the firm.
35.
Cognizance of offences.
35. Cognizance of offences.- 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.
36. Limitation of prosecutions.- 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:
Provided that where the offence consists of disobeying a written
order made by an inspector, complaint thereof may be made within six
months of the date on which the offence is alleged to have been
committed.
CHAP
MISCELLANEOUS
CHAPTER IX
MISCELLANEOUS
37.
Effect of laws and agreements inconsistent with this Act.
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
362
in the terms of any award, agreement or contract of service, whether
made before or after the commencement of this Act:
Provided that where under any such award, agreement, contract of
service or otherwise a motor transport worker is entitled to benefits
in respect of any matter which are more favourable to him than those
to which he would be entitled under this Act, the motor transport
worker shall continue to be entitled to the more favourable benefits
in respect of that matter, notwithstanding that he receives benefits
in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed as
precluding any motor transport worker from entering into an agreement
with an employer for granting him rights or privileges in respect of
any matter which are more favourable to him than those to which he
would be entitled under this Act.
38.
Exemptions.
38. Exemptions.- (1) Nothing contained in this Act shall apply to
or in relation to any transport vehicle--
(i) used for the transport of sick or injured persons;
(ii) used for any purpose connected with the security of
India, or the security of a State, or the maintenance
of public order.
(2) Without prejudice to the provisions of sub-section (1), the
State Government may, by notification in the Official Gazette, direct
that subject to such conditions and restrictions, if any, as may be
specified in the notification, the provisions of this Act or the rules
made thereunder shall not apply to--
(i) any motor transport workers who, in the opinion of the
State Government, hold positions of supervision or
management in any motor transport undertaking,
(ii) any part-time motor transport worker, and
(iii) any class of employers:
Provided that before issuing any order under this sub-section,
the State Government shall send a copy thereof to the Central
Government.
39.
Powers to give directions.
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.
363
40.
Power to make rules.
40. Power to make rules.- (1) The State Government may, subject to
the condition of previous publication, 1*[by notification in the
official Gazette,] make rules to carry out the purposes of this Act:
Provided that the date to be specified under clause (3) of
section 23 of the General Clauses Act, 1897 (10 of 1897), shall not
be less than six weeks from the date on which the draft of the
proposed rules was published.
(2) In particular, and without prejudice to the generality of the
foregoing power, any such rules may provide for--
(a) the form of application for the registration of a motor
transport undertaking, the time within which and the
authority to which such application may be made;
(b) the grant of a certificate of registration in respect of
a motor transport undertaking and the fees payable for
such registration;
(c) the qualifications required in respect of the chief
inspector and inspector;
(d) the powers which may be exercised by inspectors and the
manner in which such powers may be exercised;
(e) the medical supervision which may be exercised by
certifying surgeons;
(f) appeals from any order of the chief inspector or
inspector and the form in which, the time within which
and the authorities to which, such appeals may be
preferred;
(g) the time within which facilities required by this Act to
be provided and maintained may be so provided;
(h) the medical facilities that should be provided for motor
transport workers;
(i) the type of equipment that should be provided in the
first-aid boxes;
(j) the manner in which long distance routes, festive and
other occasions shall be notified by the prescribed
authority;
(k) the conditions and limitations subject to which any
motor transport worker may be required or allowed to
work for more than eight hours in any day or more than
forty-eight hours in any week in any case referred to
in the second proviso to section 13;
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1. Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
364
(l) the form and manner in which notices of period of work
shall be displayed and maintained;
(m) the rates of extra wages in respect of the over-time
work done by a motor transport worker in any case
referred to in the second proviso to section 13;
(n) the registers which should be maintained by employers
and the returns, whether occasional or periodical, as
in the opinion of the State Government may be required
for the purposes of this Act; and
(o) any other matter which has to be, or may be, prescribed.
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.]
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1. Ins. by Act 4 of 1986, s. 2 and sch. (w.e.f. 15.5.1986).
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