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MOTOR TRANSPORT WORKERS ACT

1961

  View / Print Complete Act
Apprentices Act , 1961 Apprenticeship Rules , 1992 Boilers Act , 1923 Building Contruction Workers Act , 1996 Building Contruction Workers Cess Act , 1996 Building Contruction Workers Cess Rules , 1998 Child Labour Act , 1986 Code on Wages Act , 2019 Contract Labour Act , 1970 Dangerous Machines Act , 1983 Dangerous Machines Rules , 1984 EDLIS Scheme , 1976 Employees Compensation Act , 1923 Employees Pension Scheme , 1995 Employees Provident Fund Scheme , 1952 Employers Liability Act , 1938 Employment Exchanges Act , 1959 Employment Exchanges Rules , 1960 Equal Remuneration Act , 1976 Equal Remuneration Rules , 1976 ESI (Central) Rules , 1950 ESI (General Provident Fund) Rules , 1950 ESI (General) Regulations , 1950 ESI Act , 1948 Exemptions From Registers and Returns Act , 1988 Factories Act , 1948 Fatal Accidents Act , 1855 Gratuity Act , 1972 ID (Banking and Insurance Companies) Act , 1949 Industrial Disputes Act , 1947 Industrial Relations Code , 2020 Industrial Relations Code , 2020 Inter-State Migrant Workmen Act , 1979 Manipur Minimum Wage Rules , 1961 Maternity Benefit Act , 1961 Mines Act , 1952 Minimum Wages Act , 1948 Motor Transport Workers Act , 1961 Occupational Safety and Working Conditions Code , 2020 Payment of Bonus (Amendment) Act , 1995 Payment of Bonus Act , 1965 Payment of Bonus Rules , 1975 Payment of Wages (Air Transport Services) Rules , 1968 Payment of Wages Act , 1936 Payment of Wages Nomination Rules , 2009 Payment of Wages Recovery Rules , 1966 PF Act , 1952 Plantations Labour Act , 1951 Prevention of Food Adulteration Rules , 1955 Prevention of Sexual Harassment Act , 2013 Prevention of Sexual Harassment of Women Rules , 2013 PSARA , 2005 PSARA Rules , 2020 Sales Promotion Employees Act , 1976 Sales Promotion Employees Rules , 1976 Social Security Code , 2020 Standing Orders Act , 1946 Trade Unions Act , 1926 Transgender Persons Act , 2019 Unorganised Workers Social Security Act , 2008 Unorganised Workers Social Security Rules , 2009 Weekly Holidays Act , 1942 Working Journalists Act , 1955 Working Journalists Rates of Wages Act , 1958 Working Journalists Rules , 1957
Related Legislation: - Motor Transport Workers (Karnataka) Rules , 1964 - Kerala Motor Transport Workers Rules , 1962 - Rajasthan Motor Transport Workers Rules , 1962 - Tamil Nadu Motor Transport Workers Rules , 1965

Definitions

Section Term Definition
2A Adolescentr A person who has completed his fourteenth year but has not completed his eighteenth year;
2B Adult A person who has completed his eighteenth year;
2C Child A person who has not completed his fourteenth year;
2D Day A period of twenty-four hours beginning at midnight:

Provided that where a motor transport worker's duty commences before midnight but extends beyond midnight, the following day for him shall be deemed to be the period of twenty-four hours beginning when such duty ends, and the hours he has worked after midnight shall be counted in the previous day;
2E Employer In relation to any motor transport undertaking, the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent or by any other name, such other person;
2F Hours of workh The time during which a motor transport worker is at the disposal of the employer or of any other person entitled to claim his services and includes-

(i) the time spent in work done during the running time of the transport vehicle;

(ii) the time spent in subsidiary work; and

(iii) period of mere attendance at terminals of less than fifteen minutes;

Explanation.-For the purposes of this clause-

(1) "Running time" in relation to working day means the time from the moment a transport vehicle starts functioning at the beginning of the working day until the moment when the transport vehicle ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed during which period the persons who drive, or perform any other work in connection with the transport vehicle are free to dispose of their time as they please of are engaged in subsidiary work;

(2) "Subsidiary work" means work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle, including in particular-

(i) work in connection with accounts, the paying in of cash, the signing of registers, the handing in of service sheets, the checking of tickets and other similar work;

(ii) the taking over and garaging of the transport vehicle;

(iii) travelling from the place where a person signs on to the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off;

(iv) work in connection with upkeep and repair of the transport vehicle; and

(v) the loading and unloading of the transport vehicle;

(3) "Period of mere attendance" means the period during which a person remains a his post solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule;
2G Motor transport undertaking A motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier;
2H Motor transport worker A person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but except in Section 8 does not include-

(i) any such person who is employed in a factory as defined in the Factories Act, 1948 (63 of 1948);

(ii) any such person to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shop or commercial establishments apply;
2I Prescribedr Prescribed by rules made under this Act;
2J Qualified medical practitioner A person having a certificate granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or notified under Section 3 of that Act or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any person having a certificate granted under any Provincial or State Medical Council Act;
2K Spread-over The period between the commencement of duty on any day and the termination of duty on that day,
2L Wages The meaning assigned to it in clause (iv) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936);
2M Week The period between midnight on Saturday night and midnight on the succeeding Saturday night;
2N All other words and expressions All other words and expressions used but not defined in this Act and defined in the Motor Vehicles Act, 1939 (4 of 1939), shall have the meanings respectively assigned to them in that Act.