State of Andhra Pradesh - Act
Andhra Pradesh Motor Transport Workers Rules, 1963
ANDHRA PRADESH
India
India
Andhra Pradesh Motor Transport Workers Rules, 1963
Rule ANDHRA-PRADESH-MOTOR-TRANSPORT-WORKERS-RULES-1963 of 1963
- Published on 15 October 1963
- Commenced on 15 October 1963
- [This is the version of this document from 15 October 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Interruptions during running time.
- Any interruption of less than ten minutes shall be counted towards running time.Chapter-II Registration of Motor Transport Undertakings4. [ Registration. [Substituted by G.O.Ms.No. 485, dated 10.5.1977.]
- Every employer of an undertaking shall, within one month from the date of receipt by him of the permit from the Road Transport Authority submit to the Chief Inspector or Inspector duly authorised by him in this behalf, an application in Form No. 1, in duplicate, for registration of the undertaking and grant of a certificate of registration.]Provided that in the case of an undertaking existing immediately before the commencement of these rules, such application shall be made within sixty days from such commencement.[x x x] [Proviso omitted by G.O. Ms. No. 205, (Lab-II), dated 9.7.1984.]5. Grant of certificate of registration.
- A certificate of registration for an undertaking shall be granted to the employer within a period of ninety days from the date of receipt of the application for registration, by the Chief Inspector or an Inspector duly authorised by him in this behalf in Form No. II on payment of fees as prescribed in the Schedule below.[The Schedule] [Schedule Substituted by G.O.Ms.No.66 LET & F (Lab-II) dated 17-11-2003, w.e.f. 5-12-2003 (A.P. Gazette R.S. to Part I Extraordinary No. 60, dated 5-12-2003.) Prior to the Substitution the Schedule is as in Annexure I at P.53.]| Maximum number of motor transport workersemployed during the year | Fees Rs. |
| 5 | 300 |
| 2 | 600 |
| 50 | 1500 |
| 100 | 1800 |
| 250 | 3000 |
| 500 | 3750 |
| 750 | 6000 |
| 1000 | 7500 |
| 1500 and above | 10,500.00] |
6. Validity of a certificate of registration.
- Every certificate of registration granted under Rule 5 or renewed under Rule 8 shall remain in force up to, the 31st December of the year for which the certificate is granted or renewed.7. Amendment of a certificate of registration.
8. Renewal of certificate of Registration.
9. Transfer of the certificate of registration.
10. Procedure on death or disability of employer.
- If an employer holding a certificate of registration dies or becomes insolvent, the person carrying on the business of the undertaking shall not be liable under the Act during such time as may reasonably be required to allow him to make an application for the amendment of the certificate of registration under Rule 7 in his name.11. Issue of duplicate certificate of registration.
- Where a certificate of registration granted under Rule 8 is lost, defaced or accidentally destroyed a duplicate may be granted on payment of a fee of five rupees.12. Payment of fees.
- [(1) The fees prescribed under these rules shall be paid into the local treasury under the head of account [087. Labour and Employment Receipts under Labour Laws; Fees realised under Motor Transport Workers Act, 1961] [Substituted vide G.O. Ms. No. 265, dated 19.3.1975.] and the receipt shall be gnclosed to the application form.]13. Marking of the registration number on the vehicles.
- The registration number of the undertaking shall be marked on the left hand side of every vehicle in letters [80 Centimetre high/and 1 Centimetre thick.] [Substituted by G.O.Ms. 100 (Lab. & Emp.)(Lab-V), dated 7.2.1977.]Chapter-III Inspecting Staff14. Qualification of an Inspector.
15. Powers of an Inspector.
- An Inspector shall for carrying out the purposes of the Act, have power to do all or any of the following acts, namely:-16. Duties of certifying Surgeons.
17. Canteens.
18. Canteen hall.
19. Equipment.
20. Prices to be charged.
21. Accounts.
22. Canteen Managing Committee.
23. Rest Rooms.
- The rest-room shall conform to the following standards and the employer of every undertaking shall submit for the approval of the Chief Inspector plans and site plan in duplicate of the building to be constructed or adopted:-24. Uniforms.
- [(1) The drivers, conductors [cleaners] [Substituted by G.O. Ms. No. 1134, dated 20.7.1970.] and line checking staff employed in an undertaking shall be provided free, by the employer, with uniforms and rain coats as specified in Schedule-I and, it shall be obligatory on the said categories of motor transport workers to wear there uniforms while on duty.]25. Medical Facilities.
26. Firs-Aid Facilities.
-A first-aid box containing the equipment mentioned in Schedule-III shall be provided in every motor transport vehicle. Every first-aid box shall be clearly marked "First-Aid" and shall be kept stocked and in good order.Chapter-V Hours and Limitation of Employment27. Hours of work.
28. Notice of hours of work.
29. Weekly Rest.
30. Compensatory Holidays.
31. Overtime.
- When any motor transport worker works 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 he shall be entitled to the rate of wages in respect of such overtime work at one and half times the rates of his ordinary wages subject to a maximum of one half of his ordinary wages.Note:- Overtime work means any work in excess of eight hours a day or forty-eight hours a week.32. Holidays.
- The Government may notify in the Official Gazette the holidays which shall be granted to the motor transport workers with wages.33. Leave with wages.
34. Leave book.
35. Register of Workers.
- Every employer shall maintain a Register of Workers in Form No. IX:Provided that if the Chief Inspector is of opinion that any register of workers or similar record maintained as part of the routine of an undertaking gives the particulars required under this rule, he may by order in writing direct that such register of workers or record shall be maintained in place of and treated as, the register of workers required to be maintained under this rule.35A. [ [Inserted by G.O. Ms. No. 446 (Lab-II), dated 31.12.1985.]
Every employer shall issue letters of appointment in Form XIV to all his employees and obtain acknowledgement in token of having served on them.]36. Muster Roll.
- Every employer shall maintain a muster roll of workers employed in the undertaking in Form No. X:Provided that if the Chief .Inspector is of opinion that any muster-roll or register maintained as part of the routine of an undertaking gives the particulars required under this rule, he may by order in writing direct that such muster-roll or register be maintained in place of and treated as the muster roll required to be maintained under this rule.37. Overtime Muster Roll.
- Every employer shall maintain a muster roll in Form No. XI in which shall be correctly entered overtime hours of work and payments therefor. The muster-roll shall always be available for inspection:Provided that if the Chief Inspector is of opinion that any overtime muster-roll or register maintained as part of the routine of an undertaking gives the particulars required under this rule, he may by order in writing direct that such overtime muster roll or register be maintained in place of and treated as the muster-roll required to be maintained under this rule.37A. [ [Inserted by G.O. Ms. No. 827 (Lab-V), dated 26.7.1977.]
The Registers, records and notices maintained and exhibited under the provisions of these rules shall always be available, or as near as practicable to the site of employment and shall be produced or caused to be produced for inspection at all reasonable hours by an Inspector having jurisdiction over the establishment]:Provided that where an establishment has been closed or where an establishment has no building, the Inspector may demand the production of the registers and records in his office or such other' public places may be nearer to the employer.38. Individual Control Book.
39. Returns.
- The Employer of every undertaking shall furnish to the Inspector or other Officer appointed by the Government [by Registered post acknowledgment due] [Inserted by G.O. Ms. No. 827 (Lab-V), dated 24.7.1977.] in this behalf not later than the first February of the immediately succeeding to that to which it relates, an annual return, in duplicate, in Form No. XIII.Form-I[See Rules 4 and, 8]Application for Registration and grant or renewal of Certificate of Registration1. Name of motor transport undertaking.
2. Full address to which communications relating to the motor transport undertaking should be sent.
3. Nature of motor transport service, e.g. City Service, long distance passenger service, long distance freight service.
4. Total number of routes.
5.
6. [ Total number of motor transport vehicles owned by the undertaking and their registration numbers under the Motor Vehicles Act on the last date of the preceding year. [Substituted by A.P. Gazette R.S. Part II, dated 5.8.1971.]
7. Number of motor transport workers in each category.]
8. Full names and residential address of the,-
9. Full names and residential addresses of the Directors in the case of a company registered under the Companies Act, 1956.
10. Full name and address of the Chief Executive Officer, or General Manager of the State Transport.
| 11. Amount of fee Rs. undertaking paid invide Challan No. | (Rupees .........) Treasury on |
| enclosed) |
| Registration No. | |
| Serial No. | Fee: Rs |
| 1 | Serial No. | Serial No. |
| Date | Date | |
| 2 | Name | I certify that I have personally examined (name) |
| 3 | Father's name | Son of |
| 4 | Residence | Residing at |
| 5 | Date of birth, if available and/or certified age | Who is desirous of being employed in amotortransport undertaking and that hisage, as nearly as can beascertained frommy examination is ..................... years,andthat he is fit for employment in motortransport under takingas an adolescent.His descriptive marks are: |
| 6 | Physical fitness | |
| 7 | Descriptive marks | |
| 8 | Reasons for,-(1) Refusal of certificate(2) Certificate being revoked |
| Thumb impression: | Thumb impression: |
| Initials of certifying Surgeon | Certifying Surgeon. |
| Name of room | Parts lime- washed, painted, varnished, e.g.,walls, ceilings, wood work, etc. | Treatment, whether lime washed, painted,varnished | Date on which lime washing, painting,varnishing was carried out (according to the English calendar) | Remarks | ||
| Day | Month | Year | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Name of the undertaking …....................... | Place …........................................ |
| Periods of work | Total number of men employed | Total number of adolescents employed | ||||||
| Groups | A | B | C | D | E | F | G | H |
| ---- | ---- | ---- | ---- | ---- | ---- | ---- | ---- | |
| Relays | 123 | 122 | 123 | 123 | 123 | 123 | 123 | 123 |
| Hours of work on working days | ||||||||
| 1. From To | A | |||||||
| 2. From To | B | |||||||
| 3. From To | C | |||||||
| 4. From To | D | |||||||
| 5. From To | E | |||||||
| Periods of work | Total number of men employed | Total number of adolescents employed | ||||||
| Groups | A | B | C | D | E | F | G | H |
| ---- | ---- | ---- | ---- | ---- | ---- | ---- | ---- | |
| Relays | 123 | 122 | 123 | 123 | 123 | 123 | 123 | 123 |
| 6. From To | F | |||||||
| 7. From To | G | |||||||
| On partial Working Days | ||||||||
| 8 From To | H | |||||||
| Description of Groups | |||
| Group | Nature of work | Day on which weekly holiday is allowed | Remarks |
| Date on which this notice is first exhibited. | Signature of employer. |
| S.No. | S.No. in the Register of workers | Name | No. and date of exempting order | Year | Weekly rest days lost due to the exempting orderin | |||
| January to March | April to June | July to September | October to December | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Date of compensatory holidays given in | |||||
| January to March | April to June | July to September | October to December | Lost rest days carried to the next year | Remarks |
| 10 | 11 | 12 | 13 | 14 | 15 |
| S.No. | Adults/Adolescents |
| Name of the undertaking | Name |
| Father's Name | Address |
| Date of entry into service | Date of discharge |
| Date and amount of payment made in lieu of leave due |
| Calendar year of service | Wage period from ..................... to................. | Wages earned during the wage period | No. of days of work performed | Leave to credit | Total of Columns (5) and (6) | |
| Balance of leave from preceding year | Leave earned during the year mentioned in Col.(1) | |||||
| Whether leave was refused | Leave enjoyed from ................ to................ | Balance of leave, to credit | Normal rate of wages | Cash equivalent of advantage accruing throughconcessional rate of food grains and other articles | Rate of wages for the leave period [Total ofCols. (11) and (12) | Remarks |
| 8 | 9 | 10 | 11 | 17 | 13 | 14 |
| S.No. | Adults/Adolescents |
| Name of the undertaking | NameAddressDate of discharge |
| Date and amount of payment made in lieu of leave due |
| Calendar year of service | Wage period from ..................... to................. | Wages earned during the wage period | No. of days of work performed | Leave to credit | Total of Columns (5) and (6) | |
| Balance of leave from preceding year | Leave earned during the year mentioned in Col.(1) | |||||
| Whether leave was refused | Leave enjoyed from ................ to................ | Balance of leave, to credit | Normal rate of wages | Cash equivalent of advantage accruing throughconcessional rate of food grains and other articles | Rate of wages for the leave period [Total ofCols. (11) and (12) | Remarks |
| 8 | 9 | 10 | 11 | 17 | 13 | 14 |
Part I – Adults
Part II – Adolescents
| Sl. No. | Name | Father's name | Address | Nature of work | Letters of group as in notice of period ofwork | No. and date of certificate of fitness if anadolescent | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| For the month of | |
| Name of the undertaking | Place |
| Sl. No. | Name | Father'sname | Nature ofwork | For the periodending | Remarks | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 30 | 31 |
Part I – Over-time under the first proviso to Section 13
Part II – Over-time under the second proviso to Section 13
| Sl. No. | Name of the worker | Sl. No. in the Register of workers | Nature of work | Dates on which over time has been worked | Extent of over time on each occasion | Total over time worked | Normal hours | Over time earning | Date on which over time payments made |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Day | Date | On duty (D) or rest (R) taking up duty, endingduty Spread over | Period for which vehicle is on road | Period of interruption of 10 mts or | More referred to in Column (f) of Section 2 | Running time (6-8) | Time spent in subsidiary work | Periods of mere attendance terminals of lessthan 15 minutes | Hours of work (9-10-11) | Interval of rest | Length of overtime worked | Circumstances under which over time worked | Remarks |
| Sunday | |||||||||||||
| Monday | |||||||||||||
| Tuesday | |||||||||||||
| Wednesday | |||||||||||||
| Thursday | |||||||||||||
| Friday | |||||||||||||
| Saturday | |||||||||||||
| Sunday |
| 1 | Name of the Motor Transportundertaking | |
| 2 | Postal Address | |
| 3 | *Average number of workersemployed daily. | *AdultsAdolescents |
| 4 | Normal hours worked per day | AdultsAdolescents |
| 5 | What rest intervals were given? | Adolescents |
| 6 | The number of,workers exemptedfrom the provisions of sections. | 1319 |
| 7 | Leave with wages:(i) Number of workerswho are entitledto annual leave with wages during thecalendaryear to which this return relates.(ii) Number ofworkers who were grantedleave during the year(iii) Numbgr ofworkers discharged ordismissed from service during the year(iv) Number ofdischarged workers paidwages in lieu of leave(v) Total amount of wages paid inlieu of leave. | AdultsAdolescentsAdultsAdolescentsAdultsAdolescents |
| 8 | Compensatory holidays(i) Numberof workers exempted fromSection 19(ii) Number ofworkers who receivedholidays in the,-(a) Same month;(b) following month;(c) third month | AdultsAdolescents |
| 9 | CanteenNumber of canteens and situations. | |
| 10 | Medical Facilities(i) Numberof dispensariesand situations(ii) Number ofdoctors(iii) Number of nurses | |
| 11 | Rest Rooms(i) Numberof rest rooms(ii) Details of accommodations,furniture and other equipment provided(iii) Approximate average dailyattendance of workers |
| Date 19.... | Signature of the employer. |
1. San/wife/daughter of .................................... is appointed as ........................... (describe here the nature of appointment) in this establishment with effect on and from ..................... in the scale of pay of Rs. ..................................
2. His/Her Scale of pay/rate of increment in wages per .......................... (insert the period) shall be Rs. ................................
3. He/She will draw a total of Rs .......................... per day/week/month composed of the following namely:-
| Place: | Signature of Employer |
| Date: | Office Seal. |