Department of management studies

National Institute of technology

Industrial Relations and Labour Laws (MB 788)

A
Report
on
the working of the Motor Transport Workers Act, 1961

Submitted By:

Biswa Ranjan Mohanty

(215119019)

Guided By:

Dr.V. Lavanya
Professor
Department of Management Studies
National Institute of Technology
Trichy
Biswa Ranjan Mohanty 215119019

Summary

The Motor Transport Workers Act, 1961 came into existence in March, 1962. This
act was legislated exclusively for regulating the varied employment conditions.
Before this, no other act exists which dealt with motor transport workers wholly
however, there were certain enactments such as the Motor Vehicles Act, 1939
and the Factories Act, 1948 which covered certain welfare provisions and
employment conditions of the motor transport workers. Therefore, this triggered
the Parliament for the special enactment in 1961.

The objective of the Act however apparently replicates the reason behind the
enactment. The act has been enforced to bestow special rights to the motor
transport workers for their welfare and to provide them with amicable working
conditions. In order to make this act in consonance with other enactments, two of
them has been amended namely the Central Labor Laws (Extension to Jammu
and Kashmir) Act, 1970 and the Delegated Legislative Provisions (Amendment)
Act, 1985.

The act has been divided into nine chapters. The first chapter is the Preliminary
which constitutes the title and the definitions part. The act applies to all the
states of India including Jammu and Kashmir. It has also been mentioned that the
act would apply only to those motor transport undertaking who would employ
minimum five workers. The motor transport undertaking means that that service
which carries passengers, that is, the general public from one place to another
through a transport carrier for certain reward. The worker, therefore, is that
person who works in the undertaking and is hired either directly or through an
agency. The worker could play multifarious roles such as a driver, conductor,
cleaner, watchman, time keeper and any of those roles which are in a
professional capacity and is related to the motor transport undertaking.
However, those workers who comes under the definition of worker given in the
Factories Act, 1948 or any other related acts would not be considered a worker
under The Motor Transport Workers Act, 1961.

Chapter II provides that the motor transport undertaking should be registered

under this act. The registration form has to be given by the employer, who would
be final binding authority of the undertaking, to the authority prescribed by the
rules under section 40 of the act.   Chapter III provides that the state government
would appoint a chief inspector for the state and inspectors subordinate to him
as much is needed. Also qualified medical practitioners would be appointed who
would be referred to as certifying surgeons under this act. The surgeon would
have to conduct health checkups of the workers employed in the undertaking.

Chapter IV deals with the provisions related to welfare and safety of the workers. 
A canteen would be situated wherein the responsibility of the employer is to
accommodate the workers employed under him. The type of furniture, food, and

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environment would all be responsibility of the employer. Also where the workers
has to halt at night, in such a case, a proper rest room has to provided to them
along with the medical facilities and first aid facilities. All the workers would be
given a uniform and such other basic amenities such as raincoat for their
convenience by the employer. Therefore, the employer has to fulfill the
responsibilities provided by the state government. The next chapter gives the
number of hours which every worker has to work along with the rest interval. The
adults has to work for eight hours in a day in which the worker should not do it at
a stretch but should have an interval of half an hour after every five hours.  Also a
weekly rest would be allotted to every worker in the seven days schedule.

As per clause (a) of section 2, adolescents are defined to be those whose age lies
between fifteenth to eighteenth years but exclusive of eighteenth year. Therefore,
section 23 clarifies that a certifying surgeon would issue a certificate of fitness for
each adolescents subsequent to which they could work in the motor transport
undertaking. Section 14 provides that adolescents has to work for six hours
including half an hour rest and they are not required to work in the night shifts,
that is, from 10PM to 6AM.   However, the act apparently mentions in section 21
of the act that the children are not allowed to work in the undertaking. The child,
as per the act, means those who have not completed their fifteenth year.
Therefore, the act prohibits the child labor.

Scope, Objective and Main Provisions

The Motor Transport Workers’ Act, 1961 which came into force in March, 1962 is intended to take
care of the welfare of the motor transport workers and to regulate the conditions of their work. It
applies to every motor transport undertaking employing five or more workers in all the States / Union
Territories in the country. The State Governments are, however, empowered to apply all or any of the
provisions of this Act to any motor transport undertaking employing less than five workers. In Delhi,
the Motor Transport Undertakings are covered under the Shops and Commercial Establishments Act.

The main provisions of the Act, inter-alia, relate to

 welfare and health;

 hours of work;
 employment of young persons; and
 wages, over-time payment and leave.

Key Highlights of the Legislation

 Every Employer of a motor transport undertaking to which this Act applies shall have the
undertaking registered under this Act. An application for the registration of a motor transport
undertaking shall be made by the employer to the prescribed authority in such form and
within such time as my be prescribed.

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 Inspector appointed requires an employer to furnish all such information as he may consider
necessary to examine the same.
 Every employer shall afford the chief inspector and an inspector all reasonable facilities for
making any entry, inspection, examination or inquiry under this Act.
 The State Government may appoint qualified medical practitioners to be certifying surgeons
for the purposes of this Act within such local limits or for such motor transport undertakings
or class of motor transport undertakings as it may assign to them respectively.
 Every employer where 100 motor transport workers employed has to provide and maintain a
canteen for the use of motor transport workers.
 In every place wherein motor transport workers employed in a motor transport workers
employed in a motor transport undertaking are required to halt at night, there shall be
provided and maintained by the employer for the use of those motor transport workers such
number of rest rooms or such other suitable alternative accommodation, as may be prescribed.
 The state Government may, by notification in the Official Gazette, make rules requiring an
employer of a motor transport undertaking to provide for the drivers, conductors and line
checking staff employed in that undertaking such number and type of uniforms, raincoats or
other like amenities for their protection from rain or cold as may be specified in the rules
along with washing allowance at such rates as may be prescribed;
 No adult motor transport worker shall be required or allowed to work for more than 8 hours in
day and 48 hours in any week. Including spread over it should go beyond 12 hours in any day
provided if any motor transport worker is engaged in the running of any motor transport
service on such long distance routes.
 Every motor transport worker should have fitness certified granted under this Act and it is
valid for a period of 12 months from the date of thereof, but may be renewed. All fees
payable for a certificate has to be borne by the employer.
 Any motor transport worker worked beyond the specified hours, those workers are entitled for
overtime wages payable twice his ordinary rate of wages.
 All motor transport workers are eligible for annual leave with wages as specified U/s 27, 28
of this Act.

Administration of the Act

The Act, which makes it obligatory for every employer of a motor transport undertaking, to which the
Act is applicable, to have the undertaking registered under the Act, is administered by the State
Governments.
It also makes obligatory for the employers to provide every reasonable facility to the Inspectorate
Staff for making any inspection, examination or inquiry, as it deemed fit, so a to ensure the scrupulous
implementation of the provisions of the Act, or the Rules, made there-under.
Besides, the Act also provides for appointment of qualified medical practitioners as “Certifying
Surgeons” by the State Governments for the examination and certification of motor transport workers
and to exercise medical supervision on the employment of adolescents.

Employment
As per the Act, a ‘Motor Transport Worker’ is one who is employed in a motor transport undertaking,
directly or through any 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

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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. It does not include (a) any
such person who is employed in a factory as defined in the Factories Act, 1948 and (b) 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 Shops or Commercial Establishments apply.
The Act prohibits the employment of a person who has not completed his fifteenth year. Adolescents
(i.e., those who have completed their fifteenth year but have not completed their eighteenth year) are
not allowed to work as motor transport workers unless a certificate of fitness is granted by a
Certifying Surgeon and the same is kept in the custody of the employer. The concerned adolescent is
also required to carry a token to this effect while at work. The certificate of fitness so granted is valid
only for a period of 12 months and can be renewed again.

Hours of work
The Act forbids the employment of any adult worker for more than 8 hours per day and 48 hours per
week. However, workers engaged in the running of any motor transport service on long distance
routes or on festive and other occasions, have been permitted to work for more than 8 hours in a day
and 48 hours in any week but not exceeding 10 hours and 54 hours respectively. Workers can also be
allowed to work beyond the prescribed limits of work in the event of breakdown or dislocation of
transport service or interruption of traffic etc. Adolescents are not permitted to be employed or
required to work (a) for more than 6 hours a day including rest interval of half-an-hour, and (b)
between 10 p.m. and 6 a.m. In case of adults, the period of work should not exceed five hours before a
rest interval of at least half-an-hour has been given. The spread-over of the hours of work inclusive of
interval of rest, is not to exceed 12 hours on any day in the case of adult workers and 9 hours in the
case of adolescent workers. The hours of work of workers cannot be split into more than two spells on
any day.

It is obligatory for the grant of a day of rest to every worker in every period of seven days of work
under this Act. If a worker is required to attend duty on any day of rest in order to prevent any
dislocation of a motor transport service, in such cases it is to be ensured that he does not work
consecutively for more than ten days without a day of rest. If an employer is granted exemption under
the Act and is not able to grant any of the prescribed days of rest to workers, the worker is entitled to
avail compensatory days of rest equal to the number of days of rest lost by him within the month in
which the days of rest are due to him or within two months immediately following that month.

Wages, Overtime Payment and Leave

All workers engaged in motor transport undertakings are covered under the Payment of Wages Act,
1936. Where an adult worker works for more than eight hours on any day or on any day of rest, he is
entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the
work done on the day of rest as the case may be. Similarly, an adolescent required to work on rest
days is also entitled to wages at the rate of twice his ordinary rate of wages (basic wage plus dearness
allowance).
Under Section 27 of the Motor Transport Workers Act, every adult motor transport worker who works
for a period of 240 days or more during a calendar year is entitled to leave with wages during the
subsequent years at the rate of one day for every 20 days of work performed. In the case of adolescent
worker, leave is to be calculated at the rate of one day for every 14 days of work performed by him
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during the pervious calendar year. The Act also provides that if a motor transport worker is not
granted leave to which he was entitled under sub-section (3) of Section 27 of the Act, he should be
paid wages in lieu thereof at the rate prescribed in sub-section (1) of Section 28 of the Act. A worker
whose service commences otherwise than on the first day of January, is entitled to leave with wages at
the prescribed rate, provided he works for two third of the total number of days in the remainder of
the calendar year. If a worker is discharged or dismissed from service during the course of the year, he
is entitled to leave with wages at the prescribed rate even if he has not worked for the entire period as
specified above. The leave admissible as above will exclude weekly holidays or closed holidays
falling during or at either end of the period of leave. It can be accumulated to the extent of 30 days in
the case of an adult and 40 days in the case of an adolescent. Wages for the days of leave are to be
paid on the basis of average daily full-time wages for the days the workers worked during the month
immediately preceding the leave including dearness allowance and cash equivalent of concessional
supply of food-grains but excluding over-time earnings and bonus. A worker who is granted leave for
more than four days is entitled to receive, in advance, the wages payable for the period of his leave.

Welfare and Health

The State Governments are empowered to frame Rules requiring the employers of motor transport
undertakings employing 100 or more workers to provide and maintain canteens of the prescribed
standards. Such Rules may provide for the constitution of Managing Committees for the canteens and
the representation of the workers in the management of the canteens. The Act provides for clean,
comfortable, well-lighted and ventilated rest rooms or such other alternative accommodation at every
place wherein the workers are required to halt at night. The State Governments may prescribe the
standard of construction, accommodation, furniture and other equipment for restrooms or the
alternative accommodation to be provided. The employers are also required to provide uniforms,
raincoats or other such amenities to the drivers, conductors and line-checking staff for their protection
from rain and cold. The employers, who do not have arrangements for the washing of uniforms at
their cost, have to pay washing allowance to such staff at the prescribed rate.
It is obligatory for the employers to provide and maintain such medical facilities as may be readily
available for the workers at such operating centres and the halting stations as may be prescribed by the
concerned State Governments. In addition, a first-aid box equipped with the prescribed contents is
required to be maintained by the employer in every transport vehicle so that first-aid facilities are
readily available during all working hours. The first-aid box shall be kept under the charge of the
driver or the conductor of the vehicle who shall be provided facilities for training in the use thereof

Enforcement
The Inspectorate Staff in the States / Union Territories are required to ensure proper implementation
of the provisions of the Motor Transport Workers Act, 1961 relating to hours of work, daily interval
for rest, spread over of working hours, weekly rest, etc. The Inspectorates in various States / Union
Territories carry out inspections of the undertakings to check infringement of the provisions of the
Motor Transport Workers Act, 1961

Penalties
Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully
neglects to afford the inspector any reasonable facility for making any inspection, examination or

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inquiry authorized by or under this Act shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five hundred rupees or with both.
Whoever wilfully refuses to produce on the demand of an inspector any register or other documents
kept in pursuance of this Act, shall punishable with imprisonment for a term which may extend to
three months, or with fine which may extent to five hundred rupees or with both.

Limitations
This Act extends to the whole of India and applies to every motor transport undertaking employing
five or more workers in all the States / Union Territories in the country. As such all the States / Union
Territories in the country are under obligation to submit the returns by stipulated date to the Labour
Bureau. However, there are number of States/Union Territories which have not submitted the returns
by stipulated time despite repeated reminders thereby resulting into delay in bringing out the repor

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