State of Madhya Pradesh - Act
The M.P. Motor Transport Workers Rules, 1963
MADHYA PRADESH
India
India
The M.P. Motor Transport Workers Rules, 1963
Rule THE-M-P-MOTOR-TRANSPORT-WORKERS-RULES-1963 of 1963
- Published on 26 June 1963
- Commenced on 26 June 1963
- [This is the version of this document from 26 June 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
3. Interruptions during running time.
- Any interruption of less than fifteen minutes shall be counted towards running time.Chapter II
Registration Of Motor Transport Undertaking
4. Application for registration.
- Every employer of an undertaking shall, within not less than thirty days before the date on which he proposes to operate the undertaking, submit to the Chief Inspector or an Inspector duly authorised by him in this behalf an application in Form I, for the 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 :Provided further that where an undertaking has units operating in more than one State, the employer of the undertaking shall apply for registration to the Chief Inspector or the Inspector, as the case may be, of the State in which its Head quarters Office is located.5. Grant of certificate of registration.
- A certificate of registration for an undertaking shall be granted by the Chief Inspector or an Inspector duly authorised by him in this behalf in Form II on payment of fees as specified below :-[Schedule] [Substituted by Notification No. F. 2-1-91-XVI-A (3), dated 4-2-1993.]| Maximum number of Motor Transport Workers to beemployed during the year | Fees Rs. |
| (1) | (2) |
| 5 | 40 |
| 25 | 100 |
| 50 | 200 |
| 100 | 400 |
| 250 | 1000 |
| 500 | 2000 |
| 750 | 3000 |
| 1000 | 4000 |
| 1500 | 6000] |
6. Validity of the certificate of registration.
- Every certificate of registration granted under Rule 5 or renewed under Rule 8 shall remain in force up to 31st December of the year for which the certificate is granted or renewed.7. Amendment of certificate of registration.
8. Renewal of certificate of registration.
9. Transfer of 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 or renewed under Rule 5 or Rule 8, as the case may be, is lost, defaced or accidentally destroyed, a duplicate may be granted on payment of a lee of five rupees.12. Payment of fees.
13. Marking of the registration number on the vehicles.
- The registration number of the undertaking shall be marked in such manner as may be specified by the State Government on the left hand side of every vehicle in lettering 76 Mele-metres high and 13 Mele-metres thick.Chapter III
Inspecting Staff
14. Qualifications of Inspector.
- No person shall be appointed as Inspector including Chief Inspector tor the purposes of the Act, unless he-15. Powers of Inspectors.
- An Inspector shall for carrying out the purposes of the Act, have power to do all or any of the following acts :-16. Duties of Certifying Surgeons.
Chapter IV
Welfare and Health
17. Canteens.
18. Canteen Hall.
19. Equipment.
20. Prices to be charged.
21. Accounts.
22. Canteen Managing Committee.
23. Rest Rooms.
- The rest-rooms 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 adapted-24. Uniforms.
25. Medical Facilities.
26. Firs.
- Aid Facilities.-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 Limitations of Employment
27. Hours of work.
28. Notice of hours of work.
29. Weekly Rest.
30. Compensatory holidays.
Chapter VI
Wages And Leave
31. Overtime.
- When any motor transport worker works for more than 8 hours on any day or more than 48 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 overtime work at one and a half times the rates of his ordinary wages.Note. - Overtime work means any work in excess of 8 hours a day or 48 hours a week.32. Holidays.
- The Slate Government may notify in the Official Gazette the holidays which shall be granted to the motor transport workers.33. Leave with wages.
34. Leave Book.
35. Register of Workers.
- Every employer shall maintain a register of workers in Form IX :Provided that if the Chief Inspector is of opinion that any register of workers of 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.36. Muster-Roll.
- Every employer shall maintain a muster-roll of all workers employed in the undertaking in Form 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 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 muster-roll in Form 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 an overtime muster-roll 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 register be maintained in place of and treated as the muster-roll required to be maintained under this rule.38. Individual Control Book.
Chapter VII
Miscellaneous
39. Returns.
- The employer of every undertaking shall furnish to Chief Inspector or other officer appointed by the State Government in this behalf not later than the first February' of the year immediately succeeding to that to which it relates the annual return in duplicate in Form XIII.Form I[See Rules 4 and 8]Application for Registration and Grant or Renewal of Certificate of Registration| 1. | Name of motor transport undertaking | ... | |
| 2. | Full address to which communications relating to the motortransport undertaking should be sent | ... | |
| 3. | Nature of motor transport service, e.g. City Service, longdistance passenger service, long distance freight service | ... | |
| 4. | Total number of routes | ... | |
| 5. | Total route mileage | ... | |
| 6. | Total number of motor transport vehicles on the last date ofthe preceding year | ... | |
| 7. | Maximum number of motor transport workers employed on any dayduring the preceding year | ... | |
| 8. | Full names and residential addresses of the - | ||
| (i) Proprietor and partners of the motor transport undertakingin case of a firm not registered under the Companies Act, 1956;or | |||
| (ii) General Manager in case of a public sector undertaking | |||
| 9. | Full name and residential address of the Directors in thecase of a company registered under the Companies Act, 1956 | ... | |
| 10. | Amount of fee Rs. …....... paid in............. | (Rupees …...... | |
| (Vide Challan No. …......... enclosed). | Treasury on .. |
| Date of Renewal | Date of Expiry | Signature of the ChiefInspector/Inspector |
| (1) | (2) | (3) |
| ................................... | ................................... | ................................... |
| ................................... | ................................... | ................................... |
| ................................... | ................................... | ................................... |
| 1. | Serial No. .......... Date .......... | Serial No. .......................... Date ................. |
| 2. | Name ................................... | I certify that I have personally examined |
| 3. | Father’s name ....................... | (name).................................................................... |
| 4. | Residence.............................. | son of...................................................................... |
| 5. | Date of birth, if available, and/or certified age............. | residing at.............................................................. |
| 6. | Physical fitness.................... | Who is desirous of being employedin a motortransport undertaking and that his age, asnearlyas can be ascertained from myexamination is ….........years, and that he is fitfor employment in motortransportundertaking as an adolescent. |
| 7. | Descriptive marks........................ | |
| 8. | Reasons for - | |
| (1) Refusal of certificate.......... | ||
| (2) Certificate being revoked | His descriptive marks are....................... | |
| ............................................ | ................................................................... | |
| 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, varnishingwas carried out (according to the English calendar) | Remarks | ||
| Day | Month | Year | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Name ofUndertaking.............................................................................................................. | Place.............................................................................................................. |
| Periods of work | Total number of men employed | Total number of adolescents employed | Description of groups | Remarks | ||||||||
| Groups | A | B | C | D | E | F | G | H | Groups | Nature of work | Day on which weekly holiday is allowed | |
| Relays | 1.2.3. | 1.2.3. | 1.2.3. | 1.2.3. | 1.2.3. | 1.2.3. | 1.2.3. | 1.2.3. | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) |
| 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. | |||||||||||
| 6. From.....To.... | F. | |||||||||||
| On partial working days | ||||||||||||
| 7. From.....To.... | G. | |||||||||||
| 8. From.....To.... | H. |
| Serial No. | S.No. in the register of workers | Name | No. and date of exempting order | Weekly rest days lost due to the exempting orderin | Date of compensatory holidays given in | Lost rest days carried to the next year | Remarks | |||||||
| Year | Jan. to Mar. | Apr. to June | July to Sept. | Oct. to Dec. | Jan. to Mar. | Apr. to June | July to Sept. | Oct. to Dec. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) |
| Calendar Year of Service | Wage period from to | Wages earned during the wage period | No. of days work performed | Leave to credit | |
| Balance of leave from preceding year | Leave earned during the year mentioned in col.(1) | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
| Total of cols. (5) and (6) | 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 foodgrains and other articles | Rate of wages for the leave period [Total ofcols. (11) and (12)] | Remarks |
| (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) |
| 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 Cols. (5) and (6) | |
| Balance of leave from preceding year | Leave earned during the year mentioned in col.(1) | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Whether leave was refused | Leave enjoyed from to | Balance of leave to credit | Normal rate of wage | Cash equivalent of advantage accruing throughconcessional rate of foodgrains and other articles | Rate of wages for the leave period total of cols.(11) and (12) | Remarks |
| (8) | (9) | (10) | (11) | (12) | (13) | (14) |
Part I – Adults Part II - Adolescents
| Serial No. | Name | Father’s Name | Address | Nature of work | Letter of group as in notice of period of work | No. and date of certificate of fitness of anadolescent | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Name of the undertaking......................... | For the monthof.................................. |
| ............................................................... | Place.................................................... |
| Serial No. | Name | Father's Name | Nature of work | For the period ending | Remarks |
| 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31. | |||||
| (1) | (2) | (3) | (4) | (5) | (6) |
Part I – Overtime under first proviso to Section 13 Part II - Overtime under second proviso to Section 13
| Serial No. | S. No. in the Register of workers | Name | Nature of work | Dates on which overtime has been worked | Extent of overtime on each occasion |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Total overtime worked | Normal hours | Normal rate of pay | Overtime rate of pay | Overtime earning | Date on which overtime payments made |
| (7) | (8) | (9) | (10) | (11) | (12) |
| Day | Date | On duty (D) or Rest (Rest) | Time and Place | Spread over | Period vehicle on road | Period of interruption of 10 mtr. or morereferred to in col. (f) of Section 2 | Running (7-8) | Time spent in subsidiary work | Periods of more attendance at terminals of lessthan 15 minutes | Hours of work 9-10-11 | Interval of rest | Length of over time worked | Circumstances under which over time worked | Remarks | |
| of taking up duty | ending duty | ||||||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) |
| Sunday | |||||||||||||||
| Monday | |||||||||||||||
| Tuesday | |||||||||||||||
| Wednesday | |||||||||||||||
| Thursday | |||||||||||||||
| Friday | |||||||||||||||
| Saturday |
| Year ending 31st December 196 | |||||
| 1. | Name of the Motor Transport undertaking | ...................................................................... | |||
| 2. | Postal Address | ...................................................................... | |||
| 3. | * Average number of workers employed daily | Adult | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| 4. | Normal hours worked per day | Adult | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| 5. | What rest intervals were given? | Adult | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| 6. | The number of workers exempted from the provisions ofsections : | 13 | ...................................................................... | ||
| 19 | ...................................................................... | ||||
| 7. | Leave with wage- | ...................................................................... | |||
| (i) : | Number of workers who are entitled to annual leave with wagesduring the calendar year of which this return relates | Adults | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| (ii) year. | Number of workers who were granted leave during the | Adults | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| (iii) | Number of workers discharged or dismissed from service duringthe year. | Adults | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| (iv) | Number of discharged workers paid wages in lieu of leave. | Adults | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| (v) | Total amount of wages paid in lieu of leave | ...................................................................... | |||
| 8. | Compensatory holiday- | ||||
| (i) | Number of workers exempted from Section 19 | Adults | ...................................................................... | ||
| Adolescents | ...................................................................... | ||||
| (ii) | Number of workers who received holidays in the- | ...................................................................... | |||
| (a) | same month | ...................................................................... | |||
| (b) | following month | ...................................................................... | |||
| (c) | third month | ...................................................................... | |||
| Canteens- | |||||
| (No. of canteens and situations) | |||||
| 10. | Medical Facilities- | ||||
| (i) | Number of dispensaties and situations | ...................................................................... | |||
| (ii) | Number of doctors | ...................................................................... | |||
| (iii) | Number of nurses | ...................................................................... | |||
| 11. | Rest Rooms- | ||||
| (i) | Number of rest rooms | ...................................................................... | |||
| (ii) | Details of accommodation, furniture and other equipmentprovided | ...................................................................... | |||
| (iii) | Approximate average daily attendance of workers | ...................................................................... |