The Bihar Motor Transport Workers Rules, 1962

The Bihar Motor Transport Workers Rules, 1962

Rule THE-BIHAR-MOTOR-TRANSPORT-WORKERS-RULES-1962 of 1962

Chapter IV
Welfare and Health

Schedule

Part I – Adults Part II-Adolescents

Part I – Overtime under first proviso to Section 13 Part II-Overtime under second proviso to Section 13

I

II

III

Schedule 5

Schedule 6

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State of Bihar - Act

1. Short title and commencement.

2. Definitions.

3. [Interruptions during running time. [Substituted by S.O. 336 dated 29.4.1969.]

4. Application of Registration.

5. Grant of Certificate of Registration.

6. Validity of Certificate of Registration.

7. Amendment of Certificate of Registration.

8. Renewal of Certificate of Registration.

8A. [ Late application for registration, renewal or amendment. [Inserted by S.O. 388 dated 21.3.1975.]

9. Transfer of Certificate of Registration.

10. Procedure on death or disability of employer.

11. Issue of duplicate certificate of registration.

12. Payment of fees.

13. Marking of the registration number on the vehicles.

14. Qualifications of an Inspector.

15. Powers of Inspectors.

16. Duties of Certifying Surgeons.

17. Canteens.

18. Canteen hall.

19. Equipment.

20. Prices to be charge.

21. Accounts.

22. Canteen Managing Committee.

23. Rest Rooms.

24. [Uniforms. [Substituted by S. O. 336 dated 29.4.1969.]

25. Medical Facilities.

26. First-aid facilities.

27. Hours of works.

28. Notice of works.

29. Weekly Rest.

30. Compensatory holiday.

31. Overtime.

32. Holiday.

33. Leave with wages.

34. Leave Book.

35. Register of Workers.

36. Muster Roll.

37. Overtime Muster Roll.

38. Individual Control Book.

39. Returns.

40. [ Carrying of Loads. [Inserted by S.O. 1723, dated 22.12.1979.]

1. 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 freight service

4. Total number of routes

5. Total Route mileage

6. Total number of motor transport vehicles on the last date of the preceding year.

7. Maximum number of motor transport workers employed on any day during the preceding year.

8. Full names and residential addresses of the-

9. Full name and residential addresses of the Directors in the case of a company registered under the Companies Act, 1956.

10. Registration No. and date of first registration.

11. Serial No. of current certificate of registration.

12. Amount of fee Rs.................(Rupees........) paid in...............Treasury on.......... (vide Challan No enclosed).

2. The minimum rates of wages so revised shall be within the meaning of clause (iii) of sub-section (1) of Section 4 of the said Act.

3. This notification shall come into force with effect from the date of its issue.

State of Bihar - Act

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BIHAR
India

Published on 1 March 1962
Commenced on 1 March 1962
[This is the version of this document from 1 March 1962.]
[Note: The original publication document is not available and this content could not be verified.]

The Bihar Motor Transport Workers Rules, 1962Published vide Notification No. Bihar Gazette (Extraordinary) dated 1st March, 1962Chapter-1 Preliminary

(1)These Rules may be called the Bihar Motor Transport Workers Rules, 1962.

(2)The whole of these Rules except Rules 17 to 23 and Rule 25 shall come into force on 1st March, 1962, 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.

(1)In these Rules, unless the context otherwise requires:-

(a)"Act" means the Motor Transport Workers Act, 1961 (27 of 1961);

(b)"Form" means a Form appended to these Rules;

(c)"Inspector" means an officer appointed under Section 1 of the Act and includes a Chief Inspector;

(d)"Schedule" means a Schedule annexed to these Rules;

(e)"Section" means a Section of the Act;

(f)"Undertaking" means a Motor Transport undertaking;

(g)"State Government" means the State Government of Bihar.

(2)All other words and expressions used but not defined in these Rules and defined in the Act shall have the meanings respectively assigned to them in the Act.

- Any interruption of less than fifteen minutes shall be counted towards running time.]Chapter-II Registration of Motor Transport Undertaking

- 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 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 the State of Bihar as also in one or more other States, 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, and in case, such Headquarters Office is located outside the State of Bihar, he shall, within thirty days of registration, furnish a copy of the certificate of registration to the Chief Inspector of the State of Bihar.

- On filing a proper application under Rule 4, 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:-

[Number of Motor Transport Workers to be employed on any dayduring the year	Fees(in rupees)
2 or more but not exceeding 10	25.00
Exceeding 10 but not exceeding 25	50.00
Exceeding 25 but not exceeding 50	100.00
Exceeding 50 but not exceeding 100	150.00
Exceeding 100 but not exceeding 250	300.00
Exceeding 250 but not exceeding 500	500.00
Exceeding 500 but not exceeding 750	750.00
Exceeding 750 but not exceeding 1,000	1000.00
Exceeding 1,000 but not exceeding 2,000	1,500.00
Over 2,000	2,000.00]

[Substituted by S.O. 975, dated 29.7.1978.]

- 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.

(1)The Certificate of Registration granted under Rule 5 may be amended by the Chief Inspector or an Inspector duly authorised by him in this behalf.

(2)An employer shall, within thirty days of the day when the cause of amendment arose, submit to the Chief Inspector or an Inspector duly authorised by him in this behalf an application stating the nature of amendment and reasons therefor.

(3)The fee for the amendment of the certificate of registration shall be five rupees plus the amount, if any, by which the fee that would have been payable if the licence had been originally issued in the amended form exceeds the fee originally paid for the Certificate of Registration.

(1)Every employer shall apply to the Chief Inspector or an Inspector duly authorised by him in this behalf for renewal of the Certificate of Registration before its validity expires.

(2)Every such application shall be in Form No. - I, in duplicate and shall be made not less than sixty days before the date on which the Certificate of Registration expires and if the application is so made, the undertaking shall be deemed to be duly registered until such date as the Certificate of Registration is renewed.

(3)The fees [payable] [Substituted by 'chargeable' by S.O. 388 dated 21.3.1975.] for renewal of a certificate of registration shall be the same as for the grant thereof:[x x x x x x x x] [Proviso omitted by S.O. 388 dated 21.3.1975.].

- If the application for registration of an undertaking or for the renewal or the amendment of its registration certificate is not received by the Chief Inspector duly authorised by him in this behalf within the time specified in the foregoing rules, the undertaking shall be registered or registration certificate shall be renewed or amended, as the case may be on payment of a fee which shall be calculated at the rate of fifty percent for the first 6 months plus fifty percent for each subsequent 3 months or part thereof, in excess of the fee prescribed for the purpose:]Provided that the amount of late fee shall not exceed Rs. 250/- in case of an undertaking employing upto five employees, Rs. 1,000/- in case of an undertaking employing six to ten employees, Rs. 1,500/- in case of an undertaking employing eleven to twenty employees, and Rs. 2,000/- in case of an undertaking employing more than twenty employees:Provided further that in cases where the Chief Inspector is satisfied that delay in submission of the application is due to unavoidable circumstances beyond the control of the employers, he may reduce or remit, as he thinks fit, the payment of such late fee.

(1)An employer holding a certificate of registration may, at any time, before the expiration of its validity apply for permission to transfer the certificate to another person.

(2)[ Such application shall be made to the Chief Inspector or an Inspector duly authorised by him in this behalf who shall, if he approves of the transfer, and the transferee pays the fee payable under sub-rule (2) of Rule 7, enter upon the certificate of registration under his signature, an endorsement to the effect that the certificate of registration has been transferred to the person named therein.

(1)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 if he files an application for the amendment of the certificate or registration under Rule 7 in his name within sixty days.

- 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 certificate may be granted on payment of a fee of five rupees.] [Substituted by S.O. 336 dated 29.4.1969.]

(1)All fees to be paid under these Rules shall be paid into the local treasury under the head of account "XXXVI-Misc. Department- Labour and Employment-Fees from the Bihar Motor Transport Workers Rules" up to 31st March 1962, and thereafter under the head of account ["XXXII-Misc. Departments-Social and Development Organisation-Labour and Employment-Fees from the Bihar Motor Transport Workers Rules"] [For changed head of account see New classification of Budget (087-Labours & Employment-Receipt from....)] and receipt obtained which shall be submitted alongwith the application.

(2)[ If an application for the grant, renewal, amendment or issue of a duplicate certificate of registration is rejected, the fee paid shall be refunded to the applicant.] [For changed head of account see New classification of Budget (087-Labours & Employment-Receipt from....)]

- The registration number of the undertaking shall be marked on the left hand side of every vehicle in lettering 7.5 Centimeters (3 inch) high and 1.5. Centimeters (½ inch) thick.Chapter-III Inspecting Staff

- No person shall be appointed as an Inspector unless he-

(1)

(a)possesses a University degree;

(b)has thorough knowledge of Hindi;

(c)has obtained a degree in Labour and Social Welfare, Personnel-management or any allied course of study from any institution recognised by the State Government;

(d)is not below 21 years and not above 45 years of age;

(e)has worked for at least two years as Labour or Welfare Officer in an industrial establishment or State Government Department; or

(2)is a Labour Officer, Labour Superintendent, Assistant Labour Commissioner or Deputy Labour Commissioner appointed as such by the State Government.Explanation. - For purposes of this rule the expression "Labour Officer" includes an Inspecting Officer as defined in clause (9) of Section 2 of Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of 1954); "Labour Superintendent" includes Additional Labour Superintendent and "Deputy Labour Commissioner" includes Additional Deputy Labour Commissioner.

- An Inspector shall for carrying out the purposes of the Act, have power to do all or any of the following acts:-

(i)to photograph any motor transport worker, to inspect or sketch, as the case may be, any motor transport vehicle, building, room, appliance, apparatus, register or document, which is under use or occupation of any undertaking, or anything provided for the purpose of securing health and welfare of motor transport workers;

(ii)to prosecute, conduct or defend before any Court any complaint or other proceeding arising under the Act or these rules or in discharge of his duties as an Inspector;

(iii)to require any employer to supply or send any return or information relating to the provisions of the Act or these rules; and

(iv)to have a person residing in a State other than one in which an offence under the Act or these rules has been committed examined through an Inspector in that State and to obtain a record of such examination.

(1)For the purpose of examination and certification of adolescents who wish to obtain certificates of fitness, the certifying surgeon shall arrange a suitable time and place for the attendance of such persons and shall give previous notice in writing of such arrangements to the employers of undertakings or class of undertakings assigned to him.

(2)The Certifying Surgeon shall issue his certificates in Form No.-III. The foil and counterfoil shall be filled in and the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being ratified as to the correctness of the entries made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted.The foil so delivered shall be the certificate of fitness granted under Section 23. All counterfoils shall be kept for a period of at least two years after the issue of the certificate.

(3)[ The certifying surgeon shall upon request by the Chief Inspector or an Inspector, carry out such examination and furnish him with such report as he may indicate in respect of any undertaking or class of transport undertakings where-

(a)a case of illness has occurred, or is reported to have occurred, which it is reasonable to believe is due to the nature of work or other conditions of work prevailing therein, or

(b)an adolescent is, or is about to be, employed in any work which is likely to cause injury to his health.]

(4)If the certifying surgeon finds as a result of his examination that any person employed in any work in any undertaking is no longer fit to work for medical reasons, he shall inform the employer in writing accordingly, On receipt of this information it shall be obligatory on the employer to suspend such a person from working in that work for the period recommended by the Certifying Surgeon and no person after such suspension shall be employed in that work unless he is certified fit for the work by the Certifying Surgeon.

(5)The employer shall afford to the Certifying Surgeon facilities to inspect any work in which any person is employed or is likely to be employed.

(6)The employer shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at a place of the undertaking to be fixed in consultation with the representatives of the workers (for his exclusive use on the occasions of the examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing material) and chairs.

(1)The employer of every undertaking shall provide for the use of the motor transport workers at every place wherein one hundred motor transport workers or more ordinarily call, on duty during every day, an adequate canteen in or near the place where the undertaking is-situated according to the standard prescribed in this rule.

(2)The employer shall submit for the approval of the Chief Inspector plans and site plan in duplicate of the building to be constructed or adopted for use as a canteen.

(3)[ The canteen building shall be situated at a distance not less than 50 feet for any latrine, urinal or any other source of dust, smoke, or obnoxious fumes:] [Substituted by S. O. 336 dated 29.4.1969.]Provided that the Chief Inspector may in any particular case relax the provisions of this sub-rule to such extent as may be reasonable in the circumstances and may required measures to be adopted to secure the essential purpose of this sub-rule.

(4)The canteen building shall be constructed in accordance with the plans approved by the Chief Inspector and shall accommodate at least a dining hall, kitchen, store room, pantry, service counter and washing places separately for workers and for utensils.

(5)In a canteen, the floor and inside walls up to a height of 4 feet from the floor shall be made of smooth and impervious material; the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.

(6)The doors and windows of a canteen building shall be of fly-proof construction and shall allow adequate ventilation.

(7)The canteen shall be sufficiently lighted at all times when any person has access to it.

(8)

(a)in every canteen-

(i)all inside walls of rooms and all ceilings, passages and staircases shall be lime-washed, colour-washed or painted as the case may be. Lime-washing or colour washing shall be carried out once in every year and painting shall be carried out once in every three years;

(ii)all wood work shall be varnished or painted once in every three years; and

(iii)all internal structural iron or steel work shall be varnished or painted once in every three years:

Provided that inside walls of the kitchen shall be lime-washed once in every four months.

(b)Record of dates on which lime-washing, colour-washing, varnishing or painting, as the case may be, is carried out shall be maintained in a register in Form No. - IV.

(9)The canteen and the precincts thereof shall be maintained in a clean and sanitary condition. Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. Suitable arrangement shall be made for the collection and disposal of garbage.

(1)The canteen hall shall accommodate at least thirty per cent of the motor transport workers likely to call on duty every day:Provided that in any particular undertaking or in any particular class of undertakings, the State Government may, by notification in this behalf in the Official Gazette, alter the percentage of workers to be accommodated.

(2)The floor area of the canteen hall excluding the area occupied by service counter and any furniture, except tables and chairs, shall be not less than 10 sq. ft. per dinner to be accommodated under sub-rule (1).

(3)Sufficient tables, chairs or benches shall be available for the number of dinners to be accommodated under sub-rule (1).

- There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving the canteen shall also be provided and maintained.

(2)The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. The service counter shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and other equipment.

(1)Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of the Canteen Managing Committee constituted under Rule 22.

(2)The charges per portion of foodstuff, beverages and any other items served in the canteen shall be conspicuously displayed in the canteen.

(1)Proper accounts pertaining to the canteen shall be maintained. All books of accounts, registers or any other documents used in connection with the running of a canteen shall be produced on demand before an Inspector.

(2)The accounts pertaining to the canteen shall be audited once in every 12 months registered by accounts and auditors.The balance sheet prepared by the said auditors shall be submitted to the Canteen Managing Committee not later than 2 months of the closing of the audited accounts:Provided that the accounts pertaining to the canteen in a public sector undertaking having its own Accounts Departments may be audited in that Department.

(1)The employer shall constitute a Canteen Managing Committee which shall meet at least once in three months and shall advise the employer as to-

(a)the quality and quantity of food stuffs to be served in the canteen;

(b)the arrangement of the menus;

(c)times of meals in the canteen; and

(d)any other matter as may be directed by the Committee.

(2)The Canteen Managing Committee shall consist of an equal number of persons nominated by the employer and by the motor transport workers' representatives on the Work Committee constituted under sub-section (1) of Section 3 of Industrial Disputes Act, 1947 (Act XIV of 1947) respectively. In absence of a Works Committee in the undertaking the representatives of motor transport workers on the Canteen Managing Committee shall be elected by motor transport workers. The number of elected workers shall be in the proportion of one for every 500 workers employed in the undertaking:Provided that in no case shall there be more than 5 or less than 2 motor transport workers on the Committee.

(3)The employer shall, in consultation with the duly registered trade union or unions determine the procedure for and supervise the election of the representative of the motor transport workers to the Canteen Managing Committee.

(4)The member of the Canteen Managing Committee shall hold office for a period of two years from the date on which it is constituted:Provided that such members shall notwithstanding the expiration of their term continue to hold their office until the constitution of the next Canteen Managing Committee.

- 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 constituted or adapted:-

(a)the building shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be waterproof. The floor and walls to a height of 90 Centimeters (3 ft.) shall be so laid or finished as to provide a smooth, hard and impervious surface;

(b)the height of every room in the building shall be not less than 370 Centimetres (12 ft.) from the floor level to the lowest part of the roof and there shall be at least 15 sq. meters (50 sq. ft.) of floor area for every motor transport workers required to halt at night;

(c)effective and suitable provisions shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting;

(d)every rest room shall be adequately furnished with chairs and cots; and

(e)every rest room building and precincts thereof shall be kept in a clean and tidy condition:

Provided that where the Chief Inspector is satisfied that in respect of any particular place the provision of rest rooms to the above standards is not reasonably practicable, he may by order in writing approve any suitable alternative accommodation subject to such condition as he may specify.

(1)The drivers, conductors and line-checking staff employed in an undertaking shall be provided, free of cost by the employer with uniforms and raincoats as specified in Schedule-I and it shall be compulsory for the motor transport workers concerned to be in uniform while on duty.] [Substituted by S. O. 336 dated 29.4.1969.]

(2)Where washing of uniforms provided under sub-rule (1) is not arranged by the employer, the employer shall pay the staff concerned a washing allowance at the rate of Rs. 2 per month.

(1)At every operating centre and halting station (which, in the case of city service, shall include only depots and other offices) wherein 250 motor transport workers or more ordinarily call on duty every day a dispensary shall be provided and maintained with such equipment and drugs as the State Government may direct.

(2)The dispensary shall be in charge of a qualified medical practitioner assisted by such staff as the State Government may direct.

(3)The dispensary shall have a floor area of at least 250 square feet and smooth, hard and impervious walls and floor and shall be adequately ventilated and lighted by both natural and artificial means. An adequate supply of wholesome drinking water shall be provided.

(4)At every operating centre and halting station where less than 250 motor transport workers call on duty every day first aid boxes or cub-boards of the standard set out in Schedule-II shall be provided. Every first-aid box or cup-board shall be clearly marked "First Aid" cup-boards shall be readily accessible during all working hours and shall be in charge of an employee of the undertaking trained in first-aid.

- First-aid box containing the equipment mentioned in Schedule-Ill 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

(1)The Chief inspector may, on written application from an employer, subject to such conditions and for such period as he may think fit, permit motor transport workers to work for more than 8 hours in any day and 54 hours in a week:-

(i)on any route of 199 kilometers or more, and

(ii)on such festive or other occasions as may be notified by the State Government in the Official Gazette.

(2)In any case referred to in the second proviso to Section 13, an employer shall not require or allow any motor transport worker to work for more than 16 hours in a day and 72 hours in a week with at least 8 consecutive hours of rest between the termination of duty and commencement of the next duty.

(1)The notice of hours of work shall be in Form-V.

(2)It shall be written in English and in a language understood by the majority of workers and shall be displayed at a conspicuous place where the motor transport workers ordinarily call for duty and shall be maintained in clean and legible condition.Provided that if the Chief Inspector is of opinion that the duty schedule or any other record maintained as a part of the routine of the Undertaking gives the particulars required under this rule, he may by order in writing, direct that the maintenance of such record shall be sufficient compliance with the provisions of this rule.

(3)No chance in the notice of hours of work shall be allowed unless a three days' clear notice is given to the Inspector indicating the contemplated change in the notice of hours of work.

(1)Every motor transport worker shall be allowed a day of rest for a whole day once in every week and an entry to that effect shall be made in the appropriate column in Form-V.

(2)No motor transport worker shall be required or allowed to work on 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) on one of the three days immediately before or after the said day, and

(b)the employer has before 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.

(3)Notices given under sub-rules (1) and (2) may be cancelled by a notice delivered at the undertaking not later than the day before the said day or the substituted day to be cancelled, whichever is earlier.

(4)Where in accordance with the provisions of sub-rule (2) any motor transport worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the immediately preceding week.

(1)Every employer shall display, on or before the end of the month in which holidays are lost a notice in respect of workers allowing compensatory holidays during the same month or the immediately following two months and of the dates thereof, at the place at which the notice of hours of work prescribed under Section 18 of the Act is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.

(2)Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.

(3)Every employer shall maintain a Register of compensatory holidays in Form No. - VI, which shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.Chapter-VI Wages and Leave

- 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 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 8 hours a day or 48 hours a week.

- The State Government notify in the Official Gazette the holidays which shall be granted to the motor transport workers.

(1)Every employer shall maintain a Register of Leave with wages, in Form No. - VII:Provided that if the Chief Inspector is of opinion that any muster-roll or register maintained as part of the routine of any undertaking, or return made by the employer gives in respect of any or all of the workers, the particulars required for the enforcement of Chapter-VII of the Act, he may, by order in writing, direct that such muster-roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register required to be maintained under this Rule in respect of that undertaking.

(2)The Register of Leave with wages shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

- Every employer shall provide each worker with a book in Form No. - VI (hereinafter called the Leave Books). The Leave Book shall be the property of the worker and the employer or his agent shall not demand it except to make necessary entries and shall not keep it for more than a week at a time:Provided that if any leave card or similar record giving full particulars of the leave as shown in the leave book is issued by the employer to the motor transport worker such card or record may by accepted by order in writing by the Chief Inspector.

- 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.

- 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.

- 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.

(1)No employer shall allow operation of any motor transport vehicle unless each motor transport worker travelling with the vehicle is provided with and maintains, Individual Control Book in Form No. - XII. The book shall be bound with the forms in duplicate and each form shall be numbered consecutively:Provided that if the Chief Inspector is of opinion that any Individual Control Book or similar record maintained as a part of the routine of an undertaking gives the particulars required under this Rule, he may by order in writing direct that such individual control book or record be maintained in place of and treated as the individual control book required under this Rule.

(2)[ Every motor transport worker travelling with the vehicle shall make entries daily in the Individual Control Book and forward or handover to his employer the original copy of the form not later than the first working day after completion of the week to which the form relates.] [Substituted by S. O. 336 dated 29.4.1969.]

(2)Every employer shall maintain the original copies of the Individual Control Book maintained in sub-rule (2) in separate files for each motor transport worker for a period of three years and shall produce it on demand by a Inspector.

(4)[ Every motor transport worker travelling with the vehicle shall carry and retain with himself the Individual Control Book for at least 6 months after the last entry made therein and produce for inspection on demand by an Inspector.] [Substituted by S. O. 336 dated 29.4.1969.]Chapter-VII Miscellaneous

- 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. - XII.

- No man, woman or young person shall unaided by another person life, move or carry by hand or on head any load exceeding the maximum limit of weight set out in the following Schedule:-

	Persons		Maximum weight of the material article, tool orappliances.
(a)	Adult male	...	75 Kg.
(b)	Adult female	...	30 Kg.
(c)	Adolescent male	...	30 Kg.
(d)	Adolescent female	...	20 Kg.
(e)	Male child	...	16 Kg.
(f)	Female child	...	13 Kg.]

Form No.-I(See Rules 4 and 8)Application for Registration and grant or Renewal of Certificate of Registration

(i)proprietor and partners of the motor transport undertaking in case of a firm not registered under the Companies Act, 1956; or

(ii)General Manager in case of a public sector undertaking.

Signature of the employerDateNote 1.- This form should be completed in ink in block letters or typed.Note 2.- Columns 10 and 11 are for applications of renewal only.[Form NO.-II] [Substituted by S. O. 336 dated 29.4.1969.](See Rule 5.)Certificate of Registration to work a motor transport undertaking.Registration No. .................... of 20........Fee Rs. ...............Serial No. .....................Certificate of Registration is hereby granted to to operate motor transport service employing not more than persons on any one day during the year subject to the 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, 20...

Dated.............. the........... 20.............(Place)	{\|
Chief InspectorInspector

|}Form No.-III(See Rule 16)Certificate of Fitness

1.	Serial No . ............Date..........	Serial No. .............Date...............
2.	Name................Residence................	I certify that I have personally examined (name) .............son of........... residing at.................. who is desirousof being employed in a motor transport undertaking and that hisage, as nearly as can be ascertained from my examination is...........years, and that he is fit for employment in motortransport undertaking as an adolescent.
5.	Date of birth, if available.......... and/or certifiedage............
6.	Physical fitness................
7.	Descriptive marks................
8.	Reason for-
	(1) Refusal ofcertificate................….............................................	His descriptive marksare.........….............................................….............................................….............................................
	(2) Certificate beingrevoked................….............................................
	Thumb impression.................	Thumb impression …..................
	Initials of Certifying Surgeon	Certifying Surgeon.

Note. - Exact details of cause of physical disability should be clearly stated.Form No. IV(See Rule 17)Record of Line Washing, Painting etc

Signature of employerForm No.-V(See Rule 28)Notice of Periods of Work for Motor Transport Workers for the Year 20........

Name of undertaking ....................................

Place.............

Period of Work	Total number of men employed
Groups	A	B	C	D	E	F
Relays	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	14	15	16	17	18	19
Hours of Works on Working Days
1.	FromTo
2.	FromTo
3.	FromTo
4.	FromTo
5.	FromTo
6.	FromTo
on Partial Working Days
7.	FromTo
8.	FromTo

Total number of adolescents employed	Description of groups	Remarks
G	H	Groups	Nature of work	Day of which weekly holiday allowed
1	2	3	1	2	3
20	21	22	23	24	25	26	27	28	29
									BDEFGH

Date on which this notice is first exhibited

Signature of employer

Form No.-VI(See Rule 30)Register of Compensatory Holidays

Serial No.	Serial No. in the Register of worker	Name	No. and date of exempting order	Weekly rest day lost due to the exempting orderin
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	Remarks
January to March	April to June	June to September	October to Dec	Last rest days carried to the next year
10	11	12	13	14	15

Form No.-VII(See Rule 33)Register of Leave with WagesAdults/Adolescents

Serial No. ...................
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.

1.	Calendar year of service.
2.	Wage period from ...to ...
3.	Wages earned during the wage period.
4.	No. of days of work performed.
5.	Balance of leave from preceding year.	Leave to credit
6.	Leave earned during the year mentioned in Col. 1.
7.	Total of Cols. 5 and 6.
8.	Whether leave was refused.
9.	Leave enjoyed from ... to ...
10.	Balance of leave to credit.
11.	Normal rate of wages.
12.	Cash equivalent of advantage accruing through concessionalrate of foodgrains and other articles.
13.	Rate of wages for the leave period (Total of Cols. 11 and 12).
14.	Remarks.

Note 1.- Separate page will be allotted to each worker.Note 2.- This serial No. will correspond with the serial no. in Register of Workers in Form IX and will be entered in Form-VIII in the appropriate space provided therefor.Form No.-VIII(See Rule 34)Leave Book

Serial No. .............
Name of undertaking..............	Adults/Adolescents
	Name& Address
	Date of entry into service
	Date of discharge
	Date and amount of payment made in lieu of leave due.

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)	Remark
8	9	10	11	12	13	14

Note.-The leave book shall be made out for each worker on thick bound sheets.Form No.-IX(See Rule 35)

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 if anadolescent	Remarks
1	2	3	4	5	6	7	8

Form No.-X(See Rule 36)Muster Roll

Name of the undertaking...........	For the month of.........
	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	-	31
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18

Form No.-XI(See Rule 37)Overtime Muster Roll

Month ending..................20 ...

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	Total overtime worked	Normal hours	Normal rate of pay and dearness allowance	Overtime rate of pay	Overtime earning	Date on which overtime payments made
1	2	3	4	5	6	7	8	9	10	11	12

Sheet No.Form No.-XII(See Rule 38)Individual Control BookWeek from Sunday..................to Saturday ................20...............Name of the Motor Transport Worker

Day	Date	On duty (I) or Rest (R)	Time and place.	Spread over	Period of vehicle on road	Periods of interruption of 10 mts. or morereferred to in cl. (1) of Section (2)
of taking up duty	ending duty
1	2	3	4	5	6	7	8
Sun.Mon.Tues.Wed.Thu.Fri.Sat.

Running time (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 overtime worked	Circumstances under which worked	Remarks
9	10	11	12	13	14	15	16

Note. - A new working week begins at midnight on Saturday. Particulars of hours of work and rest on Saturday should be included in the form for the previous week and those on Sunday should be included in the form for the following week.Date and signature of the Motor Transport WorkerForm No.-XIII(See Rule 39)Annual ReturnYear ending 31st December 20...

1.	Name and registration of the Motor Transport undertaking.	… … … … … …… …
2.	Postal Address.	… … … … … …… …
3.	† Average number of workers employed daily.	Adults … …Adolescents … …
4.	Normal house worked per day.	Adults … …Adolescents … …
5.	What rest intervals were given?	Adults … …Adolescents … …
6.	The number of worker exempted from the provisions of Section:	13 … …19 … …
7.	Leave with wage-
	(i) No of workers who are entitled to annual leave with wagesduring the calendar year to which this return relates.	Adults … …Adolescents … …
	(ii) No. of workers who were granted leave during the year.	Adults … …Adolescents … …
	(iii) No. of workers discharged or dismissed from serviceduring the year.	Adults … …Adolescents … …
	(iv) No. of discharged workers paid wages 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 … …
	(ii) No. of workers who received holidays in the-	Adolescents … …
	(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 rests rooms	… … … … … …… …
	(ii) Details of accommodation, furniture and other equipmentprovided.	… … … … … …… …
	(iii) Approximate average daily attendance of workers.	… … … … … …… …

Signature of employerDate................† The average daily number should be calculated by dividing the aggregate number of attendances on working days by the number of working days during the year. In reckoning attendances by temporary as well as permanent employees should be counted. Attendances on separate shifts should be counted separately. Days on which the undertaking was not operating, for whatever cause, should be treated as working days.

(See Rule 24)

	Category of Staff	Particulars of articles	Quantity	Period of supply
1.	Drivers, Conductors, Traffic Inspectors and Ticket examiners	(a) Cotton shirt or coat	2
Cotton pant	2	{	Every summer
Cotton cap or turban	2
(b) Woollen coat	1	{	Once in every three years
Woollen pant	1
cotton turban.	1
(c) Semi-closed chappals (Pathani type)	2 pairs		Every year
		Provided that in places due to climatic conditions woollencloths are not ordinarily worn, a cotton shirt, pant and cap orturban may be supplied every winter instead of woollen clothesas provided in sub-clause (b).
2.	Traffic Inspectors and Ticket examiners	Rain Coat with Cap	1	Once in every five years
Note-"Inspectors" shall include "TicketInspectors".
Travelling Ticket Inspectors and "Road Inspectors andalso "Controllers" 'Assistant Traffic Inspectors' and"Checkers as Traffic Incharge" if required to go withthe vehicle.

(See Rule 25)[A] For operating centres and halting stations wherein 10 and not exceeding 50 motor transport workers ordinarily call on duty during every day.Each first-aid box or cup-board shall contain the following equipment:-

(i)12 small sterilized dressings.

(ii)6 medium size sterilized dressings.

(iii)6 large size sterilized dressings.

(iv)6 large size sterilized burn dressings.

(v)6(½ oz.) packets sterilized cotton wool.

(vi)1 (2 oz.) bottle containing a two per cent alcoholic solution or iodine.

(vii)1 (2 oz.) bottle containing Spt. Ammon-Aromate (sal-volatile) having the dose and mode of administration indicated on the label.

(viii)1 roll of adhesive plaster.

(ix)A snake-bite lancet.

(x)1(1 oz.) bottle of potassium permanganate crystals.

(xi)1 pair scissors.

(xii)1 copy of the approved first-aid leaflet.

[B] For operating centres and halting stations wherein more than 50 motor transport workers ordinarily call on duty during every day.Each first-aid box or cup-board shall contain the following equipment:-

(i)24 small sterilzed dressings.

(ii)12 medium size sterilized dressings.

(iii)12 large size sterilized dressings.

(iv)12 large size sterilized burn dressings.

(v)12 (½ oz.) packets sterilized cotton wool.

(vi)1 snake bite lancet.

(vii)1 pair scissors.

(viii)1 (1 oz.) bottles of potassium permanganate crystals.

(ix)1 (4 oz.) bottle containing a two per cent alcoholic solution of iodine.

(x)1 (4 oz.) bottle of sal-volatile having the dose and mode of administration indicated on the label.

(xi)1 copy of the approved first-aid leaflet.

(xii)12 roller bandages 4 inches wide.

(xiii)12 roller bandges 2 inches wide.

(xiv)2 rolls of adhesive plaster.

(xv)6 triangular bandages.

(xvi)2 packets of safety pins erted

(xvii)A supply of suitable splinte.

(xviii)I tournaquet.

(See Rule 26)

(i)6 small sterilized dressings.

(ii)3 medium size sterilized dressings.

(iii)3 large size sterilized dressings.

(iv)3 large size sterilized burn dressings.

(v)1 (1 oz.) bottle containing a two per cent solution of iodine.

(vi)1 (1 oz.) bottle containing sal-volatile having dose of administration indicated on the label.

(vii)A snakebite lancet.

(viii)1 (1 oz.) bottle of potassium permanganate crystals.

(ix)1 pair scissors.

(x)1 copy of approved first-aid leaflet.

NotificationsEmployment in Public Motor TransportNotification No. 5/M.W. 4027/03 L&E- 944 dated the 31.3.2004. - In exercise of the powers conferred by clause (b) of sub-section (1) of Section 3 of the Minimum Wages Act, 1948 (11 of 1948) read with sub-section (2) of Section 5 of the said Act and after having considered all the representations received on the proposal notified under clause (b) of sub-section (1) of Section 5 of the said Act and also after consulting the Bihar Minimum Wages Advisory Board, the Governor of Bihar is pleased to revise the minimum rates of wages fixed in Labour, Employment and Training Department's notification. S.O. 67 dated the 5th January, 1996 for certain categories of employees employed in the employment in "Public Motor Transport" in the State of Bihar specified in column 3 of the Schedule hereto annexed against each such category of employees specified in the corresponding entry in column 2 thereof, which shall be payable in the whole of the State of Bihar to such different categories of employees employed in the said employment.

Sl. No.	Categories of employees	Minimum rates of wages per month
1	2	3
1.	Station Officer	Rs. 3232.00
2.	Foreman	Rs. 2897.00
3.	Inspector	Rs. 2311.00
4.	Mechanic	Rs. 2003.00
5.	Driver	Rs. 2003.00
6.	Fitter	Rs. 2003.00
7.	Latheman	Rs. 2003.00
8.	Carpenter	Rs. 2003.00
9.	Welder	Rs. 2003.00
10.	Blacksmith	Rs. 2003.00
11.	Electrician	Rs. 2003.00
12.	Turner	Rs. 2003.00
13.	Electric Man	Rs. 2003.00
14.	Store-Keeper	Rs. 2003.00
15.	Time-keeper	Rs. 1924.00
16.	Vehicle Time-keeper	Rs. 1924.00
17.	Clerk	Rs. 1924.00
18.	Typist	Rs. 1924.00
19.	Booking Clerk	Rs. 1924.00
20.	Checker	Rs. 1846.00
21.	Conductor	Rs. 1846.00
22.	Cleaner or Khalasi	Rs. 1761.00
23.	Watchman or Darban	Rs. 1761.00
24.	Helper	Rs. 1761.00
25.	Unskilled worker	Rs. 1761.00
26.	Sweeper	Rs. 1761.00

Note.- (a) The minimum rates of wages fixed above are based on the All India Average Consumer Price Index Number (1960=100) 2412 which is the average of the Indices of the First half of the year 2003 (January-June), 2003.

(b)Conversion of the monthly rates of wages into daily rates of wages and daily rates of wages into monthly rates of wages shall be worked out by dividing the monthly rates by 26 and by multiplying the daily rates by 26 respectively.

(c)The minimum rates of wages above are inclusive of the remuneration payable to the employees in respect of the day of rest in every period of seven days.

(d)An employee shall for the work done on the weekly day of rest be entitled to overtime payment at the rates prescribed in Rule 25 of Bihar Minimum Wages Rules, 1951.

(e)Men and women workers shall get the same rates of wages for the same work or work of a similar nature.

S.O. 573, dated the 16th February, 1962, published in the Gazette of India, Part II, Section 3 (ii) dated the February 24, 1962. - In exercise of the powers conferred by sub-section (3) of Section 1 of the Motor Transport Workers Act, 1961 (27 of 1961), the Central Government hereby appoints the 1st March, 1962, as the date on which the said Act shall come into force in the State of Bihar.S.O. 1930, dated the 15th December, 1976, published in Bihar Gazette, Part-II, dated the December 22,1976. - In exercise of the powers conferred by subsection (1) of Section 3 of the Motor Transport Workers Act, 1961 (Act 27 of 1961) and in supersession of all previous notifications on the subject the Governor of Bihar is pleased to appoint the Commissioner of Labour, Bihar, Patna, all Joint Commissioners of Labour, all Deputy Commissioners of Labour, all Assistant Commissioners of Labour and all Superintendents of Labour of the Department of Labour and Employment as Inspectors under the aforesaid Act and to order that they will discharge their functions under Section 5 of the Motor Transport Workers Act, 1961 (27 of 1961) within the local limits of their jurisdictions. This order will take effect from the date of issue of this notification.S.O. 1145, dated the 30th May, 1974, published in Bihar Gazette Extraordinary dated the 7th August, 1974. - In exercise of the powers conferred by Section 13 of the Motor Transport Workers Act, 1961 (Act 27 of 1961) read with proviso thereunder and sub-rules (1) & (2) of Rule 27 of 1961) read with proviso thereunder and sub-rules (1) & (2) of Rule 27 of the Bihar Motor Transport Workers Rules, 1962 the Governor of Bihar is pleased to order that the Chief Inspector shall exercise powers conferred on him under sub-rule (1) of Rule 27 of the said Rules, to permit Motor Transport Workers to work for more than 8 hours in any day and 48 hours in any week on such festive occasions as has been specified in column 2 of the Schedule annexed hereto.

Serial No.	Name of festive occasions
1.	Makar Mela.
2.	Maha Shivratri Mela.
3.	Maharatri Mela.
4.	Sheoratri.
5.	Chaiti Chath Mela.
6.	Ramnaumi Mela.
7.	Urus Fateha Dwaz Dahum.
8.	Sourath Sabha.
9.	Shrawan Mela and Bhado Mela.
10.	Pitri Paksh Mela.
11.	Durgapuja Mela
12.	Kartik Chath Mela.
13.	Sonepur Mela (Kartik Purnima Mela)

[S.O. 824, dated the 3rd August, 1972, published in the Bihar Gazette, Extraordinary, dated the 8th August, 1972. - In pursuance of sub-rule (2) of Rule 1 of the Bihar Motor Transport Workers Rules, 1962, the Governor of Bihar is pleased to direct that Rules 17 to 23 and Rule 25 of the said Rules shall come into force on the date of publication of this notification in the Bihar Gazette.][S.O. 115, dated the 5th July, 1967, Published in the Bihar Gazette Extraordinary dated the Aug. 3,1967. - In exercise of the powers conferred by Rule 32 of the Bihar Motor Transport Worker's Rules, 1962, the Governor of Bihar is please to notify that the following holidays shall be granted to the motor transport workers:-

(I)Compulsory Holidays:-

(1)Republic Day on the 26th January (1 day);

(2)Independence Day on the 15th August (1 day); and

(3)Birth Day of Mahatma Gandhi on the 2nd October (1 day).

(II)Optional Holidays:-

[Five] [Substituted for 'four' by S. O. 810 dated 29.7.1972.] days' optional holidays on any [Five] [Substituted for 'four' by S. O. 810 dated 29.7.1972.] of the following occasions in a year, subject to the condition that a motor transport worker willing to avail of the holiday makes an application to that effect to his employer at least seven days in advance:-

(1)New Year's day on the 1st January (1 day)

(2)Holi (1 day)

(3)Ram Navmi (1 day)

(4)Shibratri (1 day)

(5)May day on the 1st May (1 day)

(6)Budh Purnima(1 day)

(7)Ganga Dashahara (1 day)

(8)Mahalaya (1 day)

(9)Dashahara (1 day)

(10)Diwali (1 day)

(11)Dawat Puja (1 day)

(12)Chhatt (1 day)

(13)Id-ul-fitr (1 day)

(14)Id-ul-zoha (1 day)

(15)Muharramm (1 day)

(16)Chehlum (1 day)

(17)Fatiha Dwas Dahum (1 day)

(18)Shab-e-barat(1 day)

(19)Birthday of Guru Nanak (1 day)

(20)Birthday of Guru Gobind Singh (1 day)

(21)Good Friday (1 day)

(22)X'mas Eve on the 24th December (1 day)

(23)X'mas Day on the 25th December (1 day); and

(24)Sarhul (1 day)

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)