State of Punjab - Act
The Punjab Motor Transport Workers Rules, 1963
PUNJAB
India
India
The Punjab Motor Transport Workers Rules, 1963
Rule THE-PUNJAB-MOTOR-TRANSPORT-WORKERS-RULES-1963 of 1963
- Published on 1 June 1963
- Commenced on 1 June 1963
- [This is the version of this document from 1 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. The whole of these rules except rules 17 to 23 and rule 25 shall come into force as soon as they are published in the Official Gazette and the State Government may by notification in the Official Gazette, direct that rules 17 to 23 and rule 25 shall come into force on such date or dates as may be specified in the notification.
2. Definitions.
3. Interruption 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 No. I, 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 :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 Headquarters office is located.5. [ Grant of certificate of registration. [Table in Rule 5 substituted vide No. G.S.R. 26/C.A. 27/61/S. 40/Amd.(14)/2002, dated 24.5.2002.]
- 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 No. II on payment of fees as specified below] :-| [Maximum Number of Motor Transport Workers to be employedduring the year | Fee (Rupees) |
| 5 | 200 |
| 25 | 500 |
| 50 | 1000 |
| 100 | 2000 |
| 250 | 5000 |
| 500 | 10000 |
| 750 | 15000 |
| 1000 | 20000 |
| 1500 and above | 30,000 |
6. Validity of certificate of registration.
- Every certificate of registration granted under rule 5 or renewed under rule 8 shall remain in force upto 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 certificates of registration.
10. Procedure on death or disability of employer.
- If the 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 certificates 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 fee of [hundred rupees] [Substituted for 'fifty rupees' vide Punjab Government Notification No. G.S.R. 26/C.A. 27/61/S. 40/Amd.(14)/2002, dated 24.5.2002.].12. Payment of fees.
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 lettering .076 metres high and .013 metres thick.Chapter III
Inspecting Staff
14. Qualification of Inspector.
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. First-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 working order.Chapter V
Hours and Limitation of Employment
27. Hours of work.
28. Notice of hours of work.
29. Weekly Rest.
- No motor transport worker shall be required or allowed to work on a day of rest fixed for him (hereinafter referred to as the said day) unless :-(a)he has or will have a holiday for a whole day (hereinafter called the "Substituted day") or one of the three days immediately before or after the said day; and(b)the employer has before the said day or substituted day whichever is earlier-(i)delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and the day which is to be substituted; and(ii)displayed a notice to that effect at the premises.30. Compensatory holidays.
Chapter VI
Wages and Leave
31. Overtime.
- When any motor transport worker works for more than eight hours on 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 overtime work at 1½ 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 State 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 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.36. Muster-Rull
- Every employer shall maintain a muster roll of all 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.38. Individual Control Book.
Chapter VII
Miscellaneous
39. Returns.
- The employer of every undertaking shall furnish to the 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, an annual return, in duplicate in Form No. XIII.Form No. 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 undertakings 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. Total route mileage | ......... |
| 6. Total number of motor transport vehicles on the last dateof the preceding year | ......... |
| 7. Maximum number of motor transport workers employed on anyday during the preceding year | ........ |
| 8. Full names and residential addresses of the - | |
| (i) Proprietor and partners of the motor transportundertaking in case of a firm not registered under the CompaniesAct, 1956 | ......... |
| OR | |
| (ii) General manager in case of a public sector undertaking | |
| 9. Full names and residential address of the Directors in thecase of a company registered under the Companies Act, 1 9 5 6 . | ......... |
10. Amount of fee Rs. ______ (Rupees ___________) paid in __________ Treasury ___________ on ____________ (vide Challan No. ________ enclosed).
Date _________________ Signature of the employer.Note. - This form should be completed in ink in block letters or typed.Form No. II(See rule No. 5)Certificate of registration to work a motor transport undertakingRegistration No. ___________ Fee Rs. _________ Serial No. _________Certificate of Registration is hereby granted to _______________ to operate motor transport services employing not more than ______________ persons on any one day during the year subject to provisions of the Motor Transport Workers Act, 1961 and the rules made thereunder.The certificate of Registration shall remain in force till the 31st day of December, 19 .Chief Inspector _________________InspectorThe _________________ 19| Date of renewal | Date of expiry | Signature of the Chief Inspector |
| 1. Serial No. _________________ | Serial No. _________________ |
| Date _______________________ | Date _____________________ |
| 2. Name ____________________ | I certify that I have personally examined (name). |
3. Father's name __________________________________________________________________________
4. Residence ____________________, son of ______________________ residing at ____________________
| 5. Date of birth, if available___________________________________and/orcertified age ________________________________________6. Physical fitness_________________________________________7. Descriptive marks _______________________________________ | Who is desirous of being employed in a motor transportundertaking and that his age as nearly as can be ascertained frommy examination is _________________ years and that he is fit foremployment in motor transport undertaking as an adolescent |
| 8. Reasons for | His descriptive marks are _________________ |
| (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, disinfected e.g.,walls, ceilings, wood work etc. | Treatment whether lime-washed, painted, varnished ordisinfected | Date on which lime-washed, painting, varnishing ordisinfecting was carried out (according to the English Calendar | Remarks | ||
| Day | Month | Year | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 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 | Nature of work | Days on which weekly holiday is allowed | |
| Relays | 123 | 123 | 123 | 123 | 123 | 123 | 123 | 123 | Groups | ||
| 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 |
| Weekly rest days lost due to the exempting orderin | ||||||||
| Serial No. | Serial No. in the Register of Workers | Name | No. and date of exempting order | Year | 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 | |||||
| __________________________________ | Lost rest days carried to the next year | REMARKS | |||
| January to March | April to June | July to September | October to December | ||
| 10 | 11 | 12 | 13 | 14 | 15 |
| Serial No._________________ | Name __________________________ |
| Father's name ____________________ | |
| Name of the undertaking ____________ | 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 | Wages earned during the wage period | Number of days of work performed | Leave to Credit | Total of Cols. 5 & 6 | ||
| From | To | Balance of leave from preceding year | Leave earned during the year mentioned in Col. I | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | |
| Whether leave was refused | Leave enjoyed___________From To | Balance of leave to credit | Normal rate of wages | Cash equivalent of advantage accruing through concessionalrate 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 | |
| Serial No. _________________ | Address __________________________ |
| Name of undertaking _____________ | Date of entry into service ______________ |
| Date of discharge ___________________ | |
| Date of amount of payment made in lieu of leave due_________________ |
| Calendar year of service | Wage period________From To | Wages earned during the wage period | Number of days of work performed | Leave to Credit_______________Balance of leave from precedingyear | Leave earned during the year mentioned in Col. I | Total of Cols. 5 and 6 | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | |
| Whether leave was refused | Leave enjoyed___________From To | Balance of leave to credit | Normal rate of wages | Cash equivalent of advantage accruing through concessionalrate 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 | *Date of birth | Nature of work | Letter of group as in notice of period of work | Number and date of certificate of fitness, if an adolescent | Remarks |
| 1 | 2 | 3 | 4 | 4(a) | 5 | 6 | 7 | 8 |
| 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 | to | 29 | 30 | 31 | |||||
Part I – Overtime under first proviso to section 13 Part II - Overtime under second proviso section 13
Month Ending 19 .| Serial No. | Serial 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 | Dates on which overtime payments made |
| 7 | 8 | 9 | 10 | 11 | 12 |
| Day | Date | On duty (D) or Rest (R) | Time and place_______________Of taking Ending upduty duty | Spread over | Period of vehicle on road | Period of interruption of 10 minutes or more referred to incolumn (f) of section 2 | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sunday | |||||||
| Monday | |||||||
| Tuesday | |||||||
| Wednesday | |||||||
| Thursday | |||||||
| Friday | |||||||
| Saturday |
| Running time (7-8) | Time spent in subsidiary work | Periods of mere attendance at terminals of less than 15minutes | Hours of work (9 plus 10 plus 11) | Interval of rest | Length of overtime worked | Circumstances under which overtime worked | Remarks |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Sunday | |||||||
| Monday | |||||||
| Tuesday | |||||||
| Wednesday | |||||||
| Thursday | |||||||
| Friday | |||||||
| Saturday |
| 1. Name of the Motor Transport under-taking | ________________________ |
| 2. Postal Address | ________________________ |
| 3. *Average number of workers employed daily | Adults_______________________ Adolescents ___________________ |
| 4. Normal hours worked per day | Adults _________________________ Adolescents____________________ |
| 5. What rest intervals were given | Adults ________________________ Adolescents_____________________ |
| 6. The number of workers exempted from the provisions ofsections. | 13____________________________ 19 __________________________ |
| 7. Leave with wages - | |
| (i) No. of workers who are entitled to an nual leavewith wages during the calendar year to which the return relates | Adults ________________________ Adolescents____________________ |
| (ii) No. of workers who were granted leave during theyear | Adults ________________________ Adolescents____________________ |
| (iii) No. of workers discharged or dismissed fromservice during the year | Adults ________________________ Adolescents____________________ |
| (iv) No. of discharged workers paid in lieu of leave | Adults _______________________ Adolescents___________________ |
| (v) Total amount of wages paid in lieu of leave | _____________________________ |
| 8. Compensatory holidays - | |
| (i) No. of workers exempted from section 19 | Adults ________________________ Adolescents____________________ |
| (ii) No. of workers who received holi days in the :- | |
| (a) Same month | ________________________________ |
| (b) Following month | ________________________________ |
| (c) Third month | ________________________________ |
| 9. Canteens :- (Number of canteens and situations) | ________________________________ |
| 10. Medical Facilities :- | |
| (i) No. of dispensaries and situations | _______________________________ |
| (ii) No. of doctors | ________________________________ |
| (iii) No. of nurses | ________________________________ |
| 11. Rest Rooms :- | |
| (i) No. of rest rooms | ______________________________ |
| (ii) Details of accommodation, furni ture and other equipmentprovided | ______________________________ |
| (iii) Approximate average daily attendance of workers | ______________________________ |
| Date _________________ | Signature of the employer |