THE MOTOR TRANSPORT WORKERS ACT, 1961
[Act, No 27 of 1961]
[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:--
Section 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 1 [* * *].
(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.
1 [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 Gazette, apply all or any of the provisions of this act to any motor transport undertaking employing less than five motor transport workers.
|1. Words "except the State of Jammu and Kashmir" omitted and a Proviso added to sub-section (3) by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (5) of 1970), Section 2 and Schedule (1-9-1971).|
Section 2. Definitions
In this act, unless the context otherwise requires,
(a) "adolescent" means a person who has completed his1[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 his1[fourteenth] year;
(d) "day" means a period of twenty-four hours beginning at 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 it: 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 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, timekeeper, 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;
(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;
(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, or notified under section 3 of that Act or specified in the Schedules to the Indian Medical Council Act, 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;
(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, shall have the meanings respectively assigned to them in that Act.
|1. Substituted for the words "fifteenth" by Child Labour (Prohibition and Regulation) Act (61 of 1986), Section 26 (23-12-86).|
Section 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.
Section 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.
(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.
Section 5. Powers of the inspectors
(1) Subject to such conditions and restrict ions 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.
(2) The provisions of the Code of Criminal Procedure, 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.
Section 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.
Section 7. Certifying surgeons
(1) The State Government may appointa qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such motor transport undertaking or class of motor transport undertaking 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 adolescents 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.
Section 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.
(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 therein and the charges which may be made therefor;
(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).
Section 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 standard in respect of construction, accommodation, furniture and other equipment of rest rooms or the alternative accommodation to be provided under this section.
Section 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.