 the motor transport workers bill, 1960(as introduced in lok sabha on 29th april 1960)  chapter i preliminary clauses1 short title, exte,nt, commencement and application 2 definitions  ,chaffer iirecis'1'8ni2011' ! or', mmor i 'fuluport ,utmertalwfgs 3 classification' of> 'motor \ttt8dip01't' semces 4  ftegistration: of 'motor irabbpol";1iiide1uiddg  chapter iii inspecting staff5 chief inspector and inspectors 6 powers of the inspectors 7 facilities to :'be:·raftordec:t"to 'inspectors   8 ' cenifying  sulrgegns  chapter' 'tv welfare and health9 canteecs 10 rest rooms 11 uniforms 12 medical fadlities 13· first-aid facilities  - ,chapter' v hot1bs :and limltation of employm!:nt14 hours of work and spread-over for motor transport workers engaged in city services  (1)302 ls-l  clauses15 hours of work and spread-over for motor transport workers engaged in long distance passenger services 16 hours of work and spread-over for motor transport workers engaged in long distance freight services 17 houli's of work for adolescents employed as motor tra~ port workers 18 daily intervals for rest 19 split duty 20 notice of hours of work 21 weekly rest 22 compensatory day of rest  chapter vi employment of young persons23 prohibition of employment of children 24 adolescents employed as motor transport workers to carry tokens 25 certificate of fitness 26 power to require medical examination  chapter vii wages and leave27 act 4 of 1936 to apply to payment of wages to motor transport workers 28 extra wages for overtime 29 annual leave with wages 30 wages during leave period  chapter viii penalties and procmuu31 obstructions 32 use of false certificate of fitness 33 contravention of provisions regarding employment of motor transport workers 34 other offences 35 enhanced penalty after previous conviction  clauses36 offences by companies 37 cognizance of offences 38 limitation of prosecutions  chapter ix miscellaneous39 effect of laws and agreements inconsistent with this act 40 exemptions 41 powers to give directions 42 power to make rules  (as introduced in loic sabra) a i billto provide for the welfare of motor transport workers and to regulate the conditions oj their work be it enacted by parliament in the eleventh year of the republic of india as follows:-chapter i preliminary - 1 (1) this act may be called the motor transport workers short title, a t 1960 extent, com-c , - menccment (2) it -extends' to the whole of india except the state of jammu :!applica and kashmir (3) it shall come into force on such date as the central gov-10 ernment may, by notification in the' official gazette, appoint and different dates may be appointed for different states (4) it applies to every motor transport undertaking employing ten or more motor transport worke,rs; provided that the state government may, after giving not less 15 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 unde,rtaking employing less than ten but not less than five motor transport workers 2 in this act, unless the context otherwise requires,-definitions 20  (a) "adolescent" means a person who has completed his fifteenth year but has not completed his eighteenth year; (b) "adult" means a person who has completed his eigh teenth year; (c) "child" means a person who has not completed his fifteenth year; (d) "city service" means a motor transport service classified as city service under section 3; (e) "day" means a period of twenty-four hours beginning s at midnight; (1) "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 othello person whether called a manager, managing director, managing agent or by any other name, such other person; (g) "hours of work" means the time during which a motor transport worker is at the disposal of the e,mployea- or of any other person entitled to claim his services and includes-is (i) the time spent in work done during the running time of the transport vehicle; (ii) the time spent in subsidiary wcxrk; and 20 (iii) periods of mere attendance at terminals of than ftftee,n minutes; less (h) "long distance freight service" means a motor transport service classified as long distance freight service under section 3; (i) "long distance passenger service" means a motor transport service classified as long distance passenger service under 25 section 3; (j) "motor transport undertaking" means a motor transpart undertaking engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier; (k) "motor transport worker" means a person who is ire- 30 quired to work or is e,ngaged in a professional capacity on a transport vehicle or who attends to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot cle,rk or attender, but 3s does not include-(i) any such person who is employed in a factory 8s defined in the factories act, 1948; (ii) any such person to whom the provisions of any law far the time being in force regulating the conditions of se·rvice of persons employed in shops or commercial establishments apply; s (l) "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 timetable; 10 (m) ''prescribed'' means prescribed by rules made under this act; 7 of 1916 loaofl956 is (n) "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; 20 2s (0) "running time" in relation to a working day means the time from the moment a transport vehicle starts functioning as such at the beginning of the working day until the moment when the transport vehicle ceases to function as such 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 preoscribed 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; (p) "spread-over" means the period betwelm the commencement of duty on any day and the termination of duty on that day; •• 30 (q) "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-35 (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 othe·r 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) wcxrk in connection with the upkeep and repair of the transport vehicle; and (v) the loading and unloading of the transport vehicle; (r) "wages" has the meaning assigned to it in clause (vi) 10 of section 2 of the payment of wages act, 1936; 4 of 1936 (8) "week" means the period between midnight on saturday night and midnight on the succeeding saturday night; (t) all other words and expressions used but not defined in this act and defined in the motor vehicles act, 1939,shall have is 40f 1939 the meanings respectively assigned to them in that act  chapter ii registration of motor transport undertakingsclassification 3· for the purposes of this act, the state government shall ~:'ns~ttor classify the services run by every motor transpcxrt undertaking 20 lervice operating in the state into the following categories, namely:-(a) city service, (b) long distance· passenger service, (c) long distance freight service regi8tration 4 (1) every employer of a motor transpcxrt undertaking to which 2s ~po~otor this act applies shall have the undertaking registered under" this undertaking 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 30 (3) where a motor transport undertaking is registered under this act, there shall be issued to the employer a certificate of regi~  ttauon containing such particulars as may be prescribed,  chapter iii inspecting staff5 (1) the state government may, by notiftcation in the ofticial chief ins-gazette, appoint for the state a duly qualified person to be the chief fn~~~~tor:~d 5 inspector and as many duly qualified persons to be inspectors subordinate to the chief inspector as it thinks ftt (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 10 limits as may be assigned to him by the state government 4s or 1860 (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 6 subject to such conditions and restrictions as the state gov- powers of is ernment may by general or special order impose, the chief inspector ~~~ipec­ or an inspector may-(a) make· such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act and of the rules made thereunder are being observed in the case of any motor transport undertaking; 20 (b) with such assistance, if any, as he thinks fit, e·nter and inspect any premises 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 wcrker 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; and 30 (d) exe·rcise such other powers as may be prescribed: provided that no person shall be compelled under this section to answer any question cr make any statement tending to incriminate himself  '  35 '7, every employer'shall afford the· chief inspector and an inspec- facilities to tor' all reasonable ~acilities for making any entu::y, inspection, exa- beafforded ' , d th' act to mspectorl; mmatlon or mqulry un er 15 , 302 ls-2 8 (1) the state government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this act within such loeal 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 ce·rtification of motcxr transport workers; (b) the exercise of such medical supervision as may be l(l 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  chapter iv welfare and healthclnt«nl 9 (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 20 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 25 standards in respect of construction, accommodation, furniture and other equipment of the canteens; (e) the foodstuffs which may be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for a can- 30 teen 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 clau~e (e) of sub-section (2) 10, (1) in every place wherein motor transport workers employ- rdt room ed in a motor transport undertaking are required to stay on duty at night, there shall be provided and maintained by the employer for the use of the motor transport workers such number of rest s rooms or such other altemative accommodatiod, 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 cool and clean condition 10 (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 11 (1) the state government may, by notification in the official uniforms is gazette, make rules requiring an employer of a motor transport undertaking to provide for such of the motor transport workers employed in that undertaking such number and type of uniforms, rain-coats 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 motor transport workers by the employer an allowance for the washing of uniforms provided under sub-section (1) at such rates as may be preseribed 12 there shall be provided and maintained by the employer so tte8tt1 as to be readily available such medical facilities for the motor ie ct 25 transport workers at such operating centres and halting stations as may be prescribed by the state government 13 (1) there shall be provided and maintained by the employer pi~~-iid b d'i 'bl d' all k' h first 'd faahtlct so as to e rea 1 y accessl e unog wor iilg ours a -81 box equipped with the prescribed contents in every transport vehicle 30 (2) nothing except the prescribed contents shall be, kept in 8 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 trained in the use, thereof  chapter v hotms and limitations of employmenthours of work and iprcad-over for motor transport 14, (1) no adult motor transport worker engaged in any city o~r~ vice shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week, , ::::d in (2) the hours of work of such motor transport workers lha ii city icrvices be so arranged that inclusive of inte,rval for rest under section) h they shall not spread-over more than ten-and-a-half hours in any day, (3) in the case of motor transport workers engaged in the run 10 ning of extra services on such festive and other occasions or during such peak hours as may be notified by the prescribed authority the hours of wcrk under sub-section (1) or the spread-over of such hours of work under sub-section (2) may with the approval of that authority, be increased to such limit as may be prescribed, 15 15, (1) no adult motor transport worker engaged in any long distance passengelf service shall be required or allowed to work for more than nine hours in any day and forty-eight hours in any week: i::~~~ce provided that the aforesaid period of forty-eight hours may, 20 pasl~nger with the approval of the prescribed authority, be increased to flftyelrvlcel four hours, (2) the hours of work of such motor transport workers shall be so a:rranged that inclusive of interval for rest under section 18 they shall not spread-over more than twelve hours in any day and " sixty-three hours in any week: provided that the afore6aid period of sixty-three hours may, with the approval of the prescribed authority, be incll"eased to seventy-two hours 16 (1) no adult motor transport worker engaged in any long 30 distance freight service shall be required or allowed to work far, mof€ than nine hours in any day or forty-eight hours in any week: howl of work add spread-over for motor transport worken  provided that the aforesaid period of nine hours may, with the engaged id long distance approval of the prescribed authority, be increased tc ten hour!! freight services (2) the hours of work of such motor transport workers shall be 55 so arranged that inclusive of interval for rest undeor section 18 they shall not spread over mare than twelve hours in any day and twc hundred and fifty-two hours in a period of four weeks: provided that the aforesaid period of twelve hours mayi w;ith the approval of the prescribed authority, be increased to fourteen hours 17 no adolescent shall be employed or required to wqfk as a hours of , motor transport worker in any motor transport undertaking-::~~~:ta ' employed el (a) for more than six hours a day including rest mterval motor trana of half-an-hour; port worken (b) between the hours of 10 pm and 5 am 18 (1) the hours of work in relation to adult motor transport d81ily inter~ - 10 workers on each day shall be so fixed that no period of work shall v8 - for reat exceed five hours and that no such motor transport worker shall work far more than five hours before he has had an interval for rest for at least half-an-hour: provided that the provisions of this sulb-section in so far as they is relate to interval for rest shall not apply to a motor transport worker who is not required to work for more than six hours (2) the hours of work on each day shall be so fixed that a motor transport worker is allowed a period of rest of at least nine consecutive hours between the termination of duty on anyone day and the 30 commencement of duty on the next following day 19 (1) subject to the provisions contained in section 14 the hours split duty of work of an adult motor transport worker engaged in a city service shall not be split into more than three spells on any day (2) each spell of work referred to in sub-section (1) shall be 15 followed by an interval of rest of not less than two hours 20 (1) there shall be displayed and correctly maintained by notice of  every employer a notice' of hours of work in such form and manner hou~ of as may be prescribed showing clearly for every day the hours during war which each adult motor transport worker may be required to work (2) subject to the other provisions contained in this act, no such 30 motor transport worker shall be required or allowed to work otherwise than in accordance with the notice of hours of work so displayed 21 (1) the state government may, by notification in the official weekly reat gazette, make rules providing for a day of rest in every period of 35 seven days, which shall be allowed to all motor transport workers: provided that in the case of a motor transport worker whose duty ends after mid-night but before 9 am, such day of rest shall be reckoned as twenty-four consecutive hours beginning when his duty so ends and the hours he has worked after mid-night shall be counted in the previous day (2) nothing contained in this section-s (a) shall be deemed to prevent a motor transport worker from voluntarily working on any day of rest which is not a closed holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a 10 holiday for a whole day intervening; (b) shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six days compensatory day of reat 22 where, as a result of any exemption granted to an employer is under the provisions of this act from the operation of section 21, 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 one month immediately following that month, 30 compensatory holidays of equal number to the days of rest so lost  chapter vi employment of young persons%3 no child shall be required or allowed to work in any capacity in any motor transport undertaking zs prohibitiod of employment of children adolescents 24 no adolescent shall be required or allowed to work as a motor empt ioyterad ii transport worker in any motor transport undertaking unlessmo or ni-port workers (a) a certificate of fitness granted with reference to him to carry   tokens under sectlon 25 is in the custody of the employer; and (0) such adolescent carries with him while he is at work 30 a token giving a reference to such certificate certificato 25 (1) a certifying surgeon shall, on the application of any adoleof fltnes scent 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 35 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 s paid by the employer and shall not be recoverable from the adolescent, his parent or guardian 26 an inspector may, if he thinks necessary so to do, cause any pow~r to adolescent employed as a motor transport worker in any motor req~i e1  mea ca transport undertaking to be examined by a certifying surgeon examijlatiod  chapter vii wages and leave27 the payment of wages act, 1936, as in force for the time kq of 1936 being, shall apply to motor transport workers engaged in a motor ~=~t ~f transport undertaking as it applies to wages payable in an industrial wages to is establishment as if the said act had been extended to the payment ~~o~:::; 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 20 28 (1) where an adult motor transport worker works for longer extra \\'~ hours than those fixed in respect of him under chapter v or where for overtime the sperad-over of the hours of work of any such worker exceeds the limits fixed under that chapter, he shall be entitled to wages at th~ rate of twice his ordinary rate of wages in respect of the, over-2s time work or the· excess ·hours of the spread-over, as the case may be explanation-where both the hours of work and the spreadover exceed the limits fixed under chapter v the extra wages payable to an adult motor transport worlter under this sub-section shall go be calculated with reference to the overtime work or the excess hours of spread-over, whichever is more advantageous to him (2) for the purposes of sub-section (1),-(a) "ordinary rate of wages" in relation to a motor transport worker means the basic wages plus such allowances to which 35 he is for the time being entitled to, but does not include a bonus; (b) the hours of work or the limits of the spread-over of the hours of work fixed under chapter v shall not include any increase of such hours of work or the limits of sperad-over permissible under that chapter 29 (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-10 (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 other- is wise than on the first day of january s_hall 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 20 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~ection (1) or subsection (2) entitling him to earned leave (4) in calculating leave under this section, fraction of leave of 25 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 anyone calendar year take the whole of the leave allowed to him under sub-section (l)or sub-section (2), as the case may be, any leave not taken by 30 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 3' (6) in this section, "calendar year" means the ye·ax commencing on the first day of january ezpl4nailon-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 30 (1) for the leave allowed to a motor transport worker under :sel iduz• section 29, he shall be paid at the rate equal to the daily average of peiiod eave 5 his total full time wages, 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 work· ed 10 (2) a motor transport worker who has been allowed leave for not less than four days under section 29 shall, before his leave be--gins, be· paid his wages for the period of the leave allowed  chapter viii penalties and procedure15 31 (1) whoever obstructs an inspector in the discharge of his obatruc:tfonl duties unde·r 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 imprison-20 ment for a tenn which may extend to three months, or with tine which may extend to five hundred rupees, or with both (2) whoever wilfully refuses to prcduce 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 25 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 tenn which may extend to three months, or with fine which may extend to five hundred rupees, or with both 30 32 whoever knowingly uses or attempts to use as a certificate ule of falle of fitness granted to himself under section 25 a certificate granted cfiertificate of h  h' b d tneta to anot er pe·rson under that section, or avmg een grante 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 3j punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both 33 whoever, except as otherwise permitted by or under this ~odtr·fven     tlon 0 act, contravenes any provision of this act or of any rules made proviaiora thereunder, prohibiting, restricting or regulating the employment =~nt " o( persons in a motor transport undertaking, shall be punishable of motor with imprisonment for a term yw'hich may extend to three months, :==t 302 l5-3 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 whlch may extend to seventy-five rupees for every day during which such ~ontravention continues after conviction for the first such conttlw"tfon 5 other oft'encee m, whoe·ver 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 imprison-dlent for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both 10 bnhancedr 35 if lny person who has been convicted of any offence punishable penalty tet d th' at·  'it f ff  l'  previodl un er is c is agam gul y 0 an 0 ence mvo vmg a contravention coavic:tloll of the sgme provision, he sh"n be punishable on a subsequent conviction with imprisonment which may extend to six months or with fthe whicll mfiy px'tend to bne thousand rupees, or with both: is provided that for thp 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 offencea by 36 (1) 1£ the person committing an offence under this act is a companiea company, the company as well as every person in charge of, and res- 2c ponsible to, the company for the conduct of its business at the time of the commiisicn of the offence shall be deemed to be guilty of the offeltce and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render 2s any such person liable to any punishment if he proves that the offence 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 30 proved that the offence has been committed with the consent or conniv81'lce 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 3s and shall be liable to be proceeded against and punished accordingly expmftatiofl  for the purposes of this section,-(a) "company" means any body eorporate llnd includes a ftrm or other asioeiation of tndiv\duals; and (b) "director", in relation to a firm means a partner in the firm 37 no court shall take cognizance of any offence under this act copluncc except on complaint made by, or with the previous sanction in ofofrenc:et 5 writing of, the chief inspector and no court inferior to that of a presidency magistrate or a magistrate of the 'first class shall try 8,ily offence punishable under this act 38 no court shall take cognizance of an offence punishable under umitation of this act unless the complaint thereof is made within three mqllths prosecution'_ 10 from the date on which the alleged commission of the offence ~uune to the knowledge of an inspector: provided that where the offence consists of disqbeying a wr,itten order made by an inspector, complaint thereof may be made, within six months of the date on which the offence is alleged to have beeq 15 committed  chapter ix miscellaneous39 (1) the provisions of this act shall have effect notwithstand- effect or law ing anything inconsistent therewith contained in any other law and menta linc:ogreen-20 or in the terms of any award, agreement or contract of service, whe- ,i'tent willa ther made before or after the commencement of this act: tw" n:t provided that where under any such award, agreement, coi\tract of service or otherwise a motor transport worker is entitled to };)enefits in respect of any matter which are more favourable to him than a, those to which he would be entitled under this aot, the motor transport worker shall continue to be entitled to the more favourable benefiti 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 30 any motor transport worker from entering into an agreem\ent 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 40 (1) nothing contained in this act shall apply to or in relation a-ptto, • ls to any transport vehicle-(i) used for the transport of sick or injured pel'font; (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 order in writing exempt, subject to such j conditions and restrictions as it may think fit to impose, any class of employers from all or any of the provisions of this act or any rules made thereunder powen to 41 the central government may give directions to the governte: dircc- ment of any state as to the carrying into execution in the state of 10 the provisions conta!ned in this act power to 42 (1) the state government may, subject to the condition of make rulci previous publication, make rules to carry out the purposes of this act: provided that the date to be specified under clause (3) of section i~ 23 of the general clauses act, 1897, shall not be less than six weeks 10 of 18517 from the date on wh:ich 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 20 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; 25 (c) the qualifications required in respect of the chief inspector and inspector; (d) the powers which may be exerci~ed by inspectors and the areas in which and the manner in which such powers may ·be ~xercised; 30 (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; 3s  (9) the time withi,n which facilities require~ by this act to be provided and mliintaihed may be so providedj (h) the medical facilities that should be provided for motor transport workers; (i) the form and manner in which notices of periods of work shall be displayed and maintained; and s (j) 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 purpo&eb of this act  statement of objects and reasonsthere are at present certain enactments like the motor vehicles act 1939 and the factories act, 1948 which cover certain sections of motor transport workers and certain aspects of their conditions of employment there is, however, no independent legislation applicable to motor transport workers as a whole or for regulating the various ~spects of their conditions of employment, work and wages it is considered desirable to have a separate legislative measure for motor transport workers which would cover matters like medical facilities, welfare facilities, hours of work, spread-over, rest periods, overtime, annual leave with pay, etc, on the analogy of similar enactments for workers in factories, mines and plantations the present bill is intend~ to achieve this object 2 the notes on clauses explain the main provisions contained in the bill new delhi, the 21st april, 1960 g l nanda czause 1-the prcposed enactment will apply to every motor transport undertaking employing ten or more motor transport workers this limit has been considered necessary as it would be difficult to enforce the law in the case of undertakings employing a smaller number of workers however, the state government has been empowered to apply this measure to any motor transport undertaking employing less than ten but not less than five motor transport workers· clause 3-this clause empowers the state government to classify the services run by every motor transport undertaking into three distinct classes such a classification has been considered necessary taking into account several factors such as public convenience, long distance travel on most routes, the intermittent nature of work and the difficulty in making arrangements for change of crew at a number of places clause 4-this clause requires every employer of a motor transport undertaking to have the undertaking registered clauses 5 to 8-these clauses deal with the setting up of adntinistrative machinery by the state governments for enforcing the provisions of the act clauses 9 to 13-these clauses specify the minimum facilities for welfaxe and health that the employers will have to provide for motor transport workers these facilities relate to provision of canteen3 rest rooms, uniforms, medical facilities and first-aid facilities clauses 14 to 16-these clauses prescribe the hours of work and spread-over for motor transport workers engaged in city services, long distance passenger services and long distance freight services respectively a uniform provision in respect of all these services is not practicable due to the special peculiarities of each type of service clause 17-this clause prescribes reduced hours of work for adolescents in view of their tender age clause 18-this clause provides for rest interval of at least half an hour after continuous work of five hours clause 19-this clause restricts the number of spells, in which an adult m(jtor transport worker engaged in a city service may be required to work to three and provides for an interval of rest of at least two hours between two spells this prevision is necessary as a city service has generally to run extra services during peak hours necessitating engagement of workers in more than one spell clause 20-this clause provides for the maintenance and display by every employer of a notice of hours of work during which each adult motor transport worker may be required to work clauses 21 and 22-these clauses provide for the grant of a weekly day of rest to every motor transport worker similar provisions exist in the factories act, 1948 and the mines act, 1952 clauses 23 to 26-these clauses contain special provisions regarding employment of children and adolescents in view of their tender age employment of children (ie persons below 15 years of age) in any motor transport undertaking is prohibited while adolescents can be employed subject to certain specified conditions clause 27-this clause provides for the application of the payment of wages act, 1936 to motor transport workers this will ensure that the wages of the workers are paid in time without unauthorised deductions  clause 28-this clause provides for payment of extra wages to a motor transport worker for overtime work clauses 29 and 30-these clauses provide for the grant of annual leave with wages to motor transport workers on the lines provided for in the factories act, 1948 clause 39-this clause ensures that where a motor transport worker is entitled to benefits which are more favourable than those provided for in the bill, he shall continue to enjoy those benefits clause 4o-thilll clause provides for exemptions from the provisions of the bill in certain cases  financial memorandumunder clauses 9 to 18, 21, and 27 to 30 of the bill, certain benefits and facilities are proposed to be given to the motor transpjrt workers the central government are concerned with nationalised motor transport services in the union territories of the six union territories, $uch services are operating in delhi, himachal pradesh, manipur and andaman and nicobar islands the expenditure in respect o~ the services run in delhi is met out of the municipal fund under the delhi municipal corporation act, 1957 it is estimated that an annual expenditure of rs 3'02, '39, and '13 lakhs will be incurred from the consolidated· fund of india on the nationalised motor transport services in the union territories of himachal pradesh, manipur and andaman and nicobar islands, respectively, as a result of the grant of the benefits and facilities provided for in the bill clauses 9, 10, 11 and 12 of the bill confer on the state government power to make rules for the provision of canteens, restrooms, uniforms and medical facilities for motor transport workers under clause 14(3) rules may be made prescribing the limits within which the hours of work or the spread-over of such hours of -work in respect of motor transport workers engaged in a city service may be increased in certain cases again, under clauses 15 and 16 rules may be made prescribing the authority which can increase such limits the form of and the manner in which notice of hours of work is to be displayed and maintained by every employer under clause 20 (1) are also to be prescribed by rules under clause 21 (1), the state government has been empowered to make rules providing for a day of rest in every period of seven days which shall be allowed to all motor transport workers similarly, under clause 29(1) the state government may by rules prescribe holidays to which every motor transport worker shall be entitled in addition to the annual leave admissible to him clause 42 conft>rs general rule making power on the state government 2 clause 3 o~ the bill empowers the state government to classify motor transport services into city services, long distance passenger services and long distance freight service under clause 8 (2), rules can be made to prescribe the duties which may be performed by certifying surgeons in relation to motor transport workers -3 the aforesaid matters on which rules can be made are generally matters of procedure or detail the delegation of legislative power is, therefore, of a normal character a bill to provide for the welfare of mo'~or transport workers and to regulate the conditions of their work (shn' gulzarilal nanda, miniliter of labour and employment) 