THE MOTOR TRANSPORT WORKERS ACT, 1961                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent, commencement and application. 

2. Definitions. 

CHAPTER II 

REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS 

3. Registration of motor transport undertaking. 

CHAPTER III 

INSPECTING STAFF 

4. Chief inspector and inspectors. 

5. Powers of the inspectors. 

6. Facilities to be afforded to inspectors. 

7. Certifying surgeons. 

CHAPTER IV 

WELFARE AND HEALTH 

8. Canteens. 

9. Rest rooms. 

10. Uniforms. 

11. Medical facilities. 

12. First-aid facilities. 

CHAPTER V 

HOURS AND LIMITATIONS OF EMPLOYMENT 

13. Hours of work for adult motor transport workers. 

14. Hours of work for adolescents employed as motor transport workers. 

15. Daily intervals for rest. 

16. Spread-over. 

17. Split duty. 

18. Notice of hours of work. 

19. Weekly rest. 

20. Compensatory day of rest. 

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CHAPTER VI 

EMPLOYMENT OF YOUNG PERSONS 

SECTIONS 

21. Prohibition of employment of children. 

22. Adolescents employed motor transport workers to carry tokens. 

23. Certificate of fitness. 

24. Power to require medical examination. 

CHAPTER VII 

WAGES AND LEAVE 

25. Act 4 of 1936 to apply to payment of wages to motor transport workers. 

26. Extra wages for overtime. 

27. Annual leave with wages. 

28. Wages during leave period. 

CHAPTER VIII 

PENALTIES AND PROCEDURE 

29. Obstructions. 

30. Use of false certificate of fitness. 

31. Contravention of provisions regarding employment of motor transport workers. 

32. Other offences. 

33. Enhanced penalty after previous conviction. 

34. Offences by companies. 

35. Cognizance of offences. 

36. Limitation of prosecutions. 

37. Effect of laws and agreements inconsistent with this Act. 

CHAPTER IX 

MISCELLANEOUS 

38. Exemptions. 

39. Powers to give directions. 

40. Power to make rules. 

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THE MOTOR TRANSPORT WORKERS ACT, 1961 

ACT NO. 27 OF 1961 

An Act to provide for the welfare of motor transport workers and to regulate the conditions of 

their work. 

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 

[20th May, 1961.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  commencement  and  application.—(1)  This  Act  may  be  called  the  Motor 

Transport Workers Act, 1961. 

(2) It extends to the whole of India 1* * *. 

(3)  It  shall  come  into  force  on  such  date2  not  being  later  than  the  31st  day  of  March,  1962,  as  the 
Central  Government  may,  by  notification  in  the  Official  Gazette,  appoint  and  different  dates  may  be 
appointed for different States. 

3[Provided that it shall come into force in the State of Jammu and Kashmir* on the commencement of 

the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970.] 

(4) It applies to every motor transport undertaking employing five or more motor transport workers: 
Provided that the State Government may, after giving not less than two months’ notice of its intention 
so to do, by notification in the Official Gazette, apply all or any of the provisions of this Act to any motor 
transport undertaking employing less than five motor transport workers. 
2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “adolescent” means a person who has completed his 4[fourteenth] year but has not completed 

his eighteenth year; 

1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 
2. The Act has been brought into force as follows:— 

26th  January,  1962,  vide  notification  No.  S.O.  296,  dated  23th  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,      

sec. 3(ii), in Madhya Pradesh. 

1st  February,  1962,  vide  notification  No.  S.O.  296,  dated  23th  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,      

sec. 3(ii), in Assam, Kerala, Mysore, Orissa, Punjab, Andaman & Nicobar Islands, Delhi and Himachal Pradesh. 

1st  March,  1962,  vide  notification  No.  S.O.  296,  dated  23th  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in West Bengal. 

31st  March,  1962,  vide  notification  No.  S.O.  296,  dated  23th  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in Madras, Maharashtra and Uttar Pradesh. 

1st  February,  1962,  vide  notification  No.  S.O.  310,  dated  30th  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in Andhra Pradesh. 

1st  February,  1962,  vide  notification  No.  S.O.  382,  dated  31st  January,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in Rajasthan. 

15th  February,  1962,  vide  notification  No.  S.O.  468,  dated 9th  February,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in Tripura. 

1st  March,  1962,  vide  notification  No.  S.O.  573,  dated  16th  February,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,          

sec. 3(ii), in Bihar. 

31st  March,  1962,  vide  notification  No.  S.O.  781,  dated  9th  March,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,            

sec. 3(ii), in Gujarat and Manipur 

this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s.  3 and the 

Schedule (w.e.f 1-2-1965). 

3. The proviso added by s. 2 and the Schedule, ibid. (w.e.f. 1-9-1971). 
4. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

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(b) “adult” means a person who has completed his eighteenth year; 

(c) “child” means a person who has not completed his 1[fourteenth] year; 

(d) “day” means 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; 

(e)  “employer”  means,  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; 

(f) “hours of work” means 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) periods of mere attendance at terminals of less than fifteen minutes; 

Explanation.—For the purposes of this clause— 

(1)  “running  time”  in  relation  to  a  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 or 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 the 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  at  his  post 

solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule; 

(g)  “motor  transport  undertaking”  means  a  motor  transport  undertaking  engaged  in  carrying 

passengers or goods or both by road for hire or reward, and includes a private carrier; 

(h) “motor transport worker” means 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  

1. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986). 

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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,  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 shops or commercial establishments apply; 

(i) “prescribed” means prescribed by rules made under this Act; 

(j)  “qualified  medical  practitioner”  means  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; 

(k)  “spread-over”  means  the  period  between  the  commencement  of  duty  on  any  day  and  the 

termination of duty on that day; 

(l) “wages” has the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages 

Act, 1936 (4 of 1936); 

(m)  “week”  means  the  period  between  midnight  on  Saturday  night  and  midnight  on  the 

succeeding Saturday night; 

(n)  all  other  words  and  expressions  used  but  not  defined  in  this  Act  and  defined  in  the  Motor 

Vehicles Act, 1939 (1 of 1939), shall have the meanings respectively assigned to them in that Act. 

CHAPTER II 

REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS 

3.  Registration  of  motor  transport  undertaking.—(1)  Every  employer  of  a  motor  transport 

undertaking to which this Act applies shall have the undertaking registered under this Act. 

(2) 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 may be prescribed. 

(3)  Where  a  motor  transport  undertaking  is  registered  under  this  Act,  there  shall  be  issued  to  the 

employer a certificate of registration containing such particulars as may be prescribed. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment  of section  3 of  Act  no.  27  of  1961.— In  section  3  of  the  Motor Transport  Workers  Act, 
1961, hereinafter referred to as the principal Act, after sub-section (3), the following sub-section shall be 
inserted, namely:- 

"(4) On submission of application in all respect the registering officer shall grant or refuse to grant 
registration  within  one  day  after  the  date  of  submission  of  application  in  such  manner  as  may  be 
prescribed by the State Government on expiry of the said period the registration shall be deemed to be 
granted. 

The  Applicant  may  submit  his  application  on  departmental  web  portal  along  with  necessary 
documents and payment of fee. If the application is complete in all respect and the applicant is eligible, 
automatic  registration  shall  be  granted  by  the  web  portal  and  registration  certificate  be  sent  through  e-
mail: 

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Provided that if the registration is obtained by misrepresentation of fact or concealment of fact or on 
the basis of forged document then such registration shall be deemed null and void and may be cancelled 
by the registering officer and legal action shall be taken against applicant." 

[Vide Uttar Pradesh Act 12 of 2018, s. 2] 

CHAPTER III 

INSPECTING STAFF 

4. Chief inspector and inspectors.—(1) The State Government may, by notification in the Official 
Gazette, appoint for the State a duly qualified person to be the chief inspector and as many duly qualified 
persons to be inspectors subordinate to the chief inspector as it thinks fit. 

(2)  The  chief  inspector  may  declare  the  local  limits  within  which  inspectors  shall  exercise  their 
powers under this Act, and may himself exercise the powers of an inspector within such local limits as 
may be assigned to him by the State Government. 

(3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of 

section 21 of the Indian Penal Code (45 of 1860). 

5.  Powers  of  the  inspectors.—(1)  Subject  to  such  conditions  and  restrictions  as  the  State 

Government may by general or special order impose, the chief inspector or an inspector may— 

(a)  make  such  examination  and  inquiry  as  he  thinks  fit  in  order  to  ascertain  whether  the 
provisions of this Act or rules made thereunder are being observed in the case of any motor transport 
undertaking,  and  for  that  purpose  require  the  driver  of  a  transport  vehicle  to  cause  the  transport 
vehicle to stop and remain stationary so long as may reasonably be necessary; 

(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he 
has reason to believe is under use or occupation of any motor transport undertaking at any reasonable 
time for the purpose of carrying out the objects of this Act; 

(c) examine any motor transport worker employed in a motor transport undertaking or require the 
production  of  any  register  or  other  document  maintained  in  pursuance  of  this  Act,  and  take  on  the 
spot  or  otherwise  statements  of  any  person  which  he  may  consider  necessary  for  carrying  out  the 
purposes of this Act; 

(d)  seize  or  take  copy  of  such  registers  or  documents  or  portions  thereof  as  he  may  consider 
relevant in respect of an offence under this Act which he has reason to believe has been committed by 
an employer; 

(e) exercise such other powers as may be prescribed: 

Provided  that  no  person  shall  be  compelled  under  this  sub-section  to  answer  any  question  or  make 

any statement tending to incriminate himself. 

(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply 
to any search or seizure under this section as they apply to any search or seizure made under the authority 
of a warrant issued under section 98 of the said Code. 

6. Facilities to be afforded to inspectors.—Every employer shall afford the chief inspector and an 
inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act. 

7. Certifying surgeons.—(1) 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. 

(2) The certifying surgeon shall perform such duties as may be prescribed in connection with— 

(a) the examination and certification of motor transport workers; 

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(b) the exercise of such medical supervision as may be prescribed where adolescents are, or are to 
be,  employed  as  motor  transport  workers  in  any  work  in  any  motor  transport  undertaking  which  is 
likely to cause injury to their health. 

CHAPTER IV 

WELFARE AND HEALTH 

8. Canteens.—(1) The State Government may make rules requiring that in every place wherein one 
hundred motor transport workers or more employed in a  motor transport undertaking ordinarily call on 
duty during every day, one or more canteens shall be provided and maintained by the employer for the 
use of the motor transport workers. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the date by which the canteens shall be provided; 

(b)  the  number  of  canteens  that  shall  be  provided  and  the  standards  in  respect  of  construction, 

accommodation, furniture and other equipment of the canteens; 

(c) the foodstuffs which may be served therein and the charges which may be made therefore; 

(d) the constitution of a managing committee for a canteen and the representation of the motor 

transport workers in the management of the canteen. 

(3)  The  State  Government  may,  subject  to  such  conditions  as  it  may  impose,  delegate  to  the  chief 

inspector the power to make rules with reference to clause (c) of sub-section (2). 

9. Rest rooms.—(1) In every place wherein 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. 

(2)  The  rest  rooms  or  the  alternative  accommodation  to  be  provided  under  sub-section  (1)  shall  be 

sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition. 

(3)  The  State  Government  may  prescribe  the  standards  in  respect  of  construction,  accommodation, 
furniture and other equipment of rest rooms or the alternative accommodation to be provided under this 
section. 

10. Uniforms.—(1) 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. 

(2)  There  shall  be  paid  to  the  drivers,  conductors  and  line  checking  staff  by  the  employer  an 

allowance for washing of uniforms provided under sub-section (1) at such rates as may be prescribed: 

Provided  that  no  such  allowance  shall  be  payable  by  an  employer  who  has  made  at  his  own  cost 

adequate arrangements for the washing of uniforms. 

11. Medical facilities.—There shall be provided and maintained by the employer so as to be readily 
available  such  medical  facilities  for  the  motor  transport  workers  at  such  operating  centers  and  halting 
stations as may be prescribed by the State Government. 

12.  First-aid  facilities.—(1)  There  shall  be  provided  and  maintained  by  the  employer  so  as  to  be 
readily accessible during all working hours a first-aid box equipped with the prescribed contents in every 
transport vehicle. 

(2) Nothing except the prescribed contents shall be kept in a first-aid box. 

(3) The first-aid box shall be kept in the charge of the driver or the conductor of the transport vehicle 

who shall be provided facilities for training in the use thereof. 

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CHAPTER V 
HOURS AND LIMITATIONS OF EMPLOYMENT 

13. Hours of work for adult motor transport workers.—No adult motor transport worker shall be 

required or allowed to work for more than eight hours in any day and forty-eight hours in any week: 

Provided  that  where  any  such  motor  transport  worker  is  engaged  in  the  running  of  any  motor 
transport service on such long distance routes, or on such festive and other occasions as may be notified 
in  the  prescribed  manner  by  the  prescribed  authority,  the  employer  may,  with  the  approval  of  such 
authority, require or allow such motor transport worker to work for more than eight hours in any day or 
forty-eight hours in any week but in no case for more than ten hours in a day and fifty-four hours in a 
week, as the case may be: 

Provided  further  that  in  the  case  of  a  breakdown  or  dislocation  of  a  motor  transport  service  or 
interruption of traffic or act of God, the employer may, subject to such conditions and limitations as may 
be prescribed, require or allow any such motor transport worker to work for more than eight hours in any 
day or more than forty-eight hours in any week. 

14. Hours of work for adolescents employed as motor transport workers.—No adolescent shall 

be employed or required to work as a motor transport worker in any motor transport undertaking— 

(a) for more than six hours a day including rest interval of half-an-hour; 

(b) between the hours of 10 P.M. and 6 A.M. 

15. Daily intervals for rest.—(1) The hours of work in relation to adult motor transport workers on 
each day shall be so fixed that no period of work shall exceed five hours and that no such motor transport 
worker shall work for more than five hours before he has had an interval for rest for at least half-an-hour: 

Provided that the provisions  of  this  sub-section in so  far  as they  relate to interval  for  rest  shall  not 

apply to a motor transport worker who is not required to work for more than six hours on that day. 

(2) The hours of work on each day shall be so fixed that a motor transport worker is, except in any 
case referred to in the second proviso to section 13, allowed a period of rest of at least nine consecutive 
hours  between  the  termination  of  duty  on  any  one  day  and  the  commencement  of  duty  on  the  next 
following day. 

16. Spread-over.—(1) The hours of work of an adult motor transport worker shall, except in any case 
referred  to  in  the  second  proviso  to  section  13,  be  so  arranged  that  inclusive  of  interval  for  rest  under 
section 15, they shall not spread-over more than twelve hours in any day. 

(2) The hours of work of an adolescent motor transport worker shall be so arranged that inclusive of 

interval for rest under section 14, they shall not spread-over more than nine hours in any day. 

17. Split duty.—Subject to the other provisions contained in this Act, the hours of work of a motor 

transport worker shall not be split into more than two spells on any day. 

18.  Notice  of  hours  of  work.—(1)  There  shall  be  displayed  and  correctly  maintained  by  every 
employer a notice of hours of work in such form and manner as may be prescribed showing clearly for 
every day the hours during which motor transport workers may be required to work. 

(2)  Subject  to  the  other  provisions  contained  in  this  Act,  no  such  motor  transport  worker  shall  be 

required or allowed to work otherwise than in accordance with the notice of hours of work so displayed. 

19. Weekly rest.—(1) The State Government may, by notification in the Official Gazette, make rules 
providing for a day of rest in every period of seven days, which shall be allowed to all motor transport 
workers. 

(2) Notwithstanding anything contained in sub-section (1), an employer may, in order to prevent any 
allocation of a motor transport service, require a motor transport worker to work on any day of rest which 
is  not  a  holiday  so,  however,  that  the  motor  transport  worker  does  not  work  for  more  than  ten  days 
consecutively without a holiday for a whole day intervening. 

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(3) Nothing contained in sub-section (1) shall apply to any motor transport worker whose total period 

of employment including any day spent on leave is less than six days. 

20. Compensatory day of rest.—Where, as a result of any exemption granted to an employer under 
the provisions of this Act from the operation of section 19, a motor transport worker is deprived of any of 
the  days  of  rest to  which  he  is  entitled  under  that  section,  the  motor  transport worker  shall  be  allowed 
within the month in which the days of rest are due to him or within two months immediately following 
that month, compensatory days of rest of equal number to the days of rest so lost. 

CHAPTER VI 

EMPLOYMENT OF YOUNG PERSONS 

21. Prohibition of employment of children.—No child shall be required or allowed to work in any 

capacity in any motor transport undertaking. 

22.  Adolescents  employed  motor  transport  workers  to  carry  tokens.—No  adolescent  shall  be 

required or allowed to work as a motor transport worker in any motor transport undertaking unless— 

(a) a certificate of fitness granted with reference to him under section 23 is in the custody of the 

employer; and 

(b)  such  adolescent  carries  with  him  while  he  is  at  work  a  token  giving  a  reference  to  such 

certificate. 

23. Certificate of fitness.—(1) A certifying surgeon shall, on the application of any adolescent or his 
parent or guardian accompanied by a document signed by the employer or any other person on his behalf 
that  such  person  will  be  employed  as  a  motor  transport  worker  in  a  motor  transport  undertaking  if 
certified to be fit for that work, or on the application of the employer or any other person on his behalf 
with  reference  to  any  adolescent  intending  to  work,  examine  such  person  and  ascertain  his  fitness  for 
work as a motor transport worker. 

(2) A certificate of fitness granted under this section shall be valid for a period of twelve months from 

the date thereof, but may be renewed. 

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be 

recoverable from the adolescent, his parent or guardian. 

24.  Power  to  require  medical  examination.—Where  an  inspector  is  of  opinion  that  a  motor 
transport  worker  working  in  any  motor  transport  undertaking  without  a  certificate  of  fitness  is  an 
adolescent,  the  inspector  may  serve  on  the  employer  a  notice  requiring  that  such  adolescent  motor 
transport worker shall be examined by a certifying surgeon and such adolescent motor transport worker 
shall not, if the inspector so directs, be employed or permitted to work in any motor transport undertaking 
until he has been so examined and has been granted a certificate of fitness under section 23. 

CHAPTER VII 
WAGES AND LEAVE 

25. Act 4 of 1936 to apply to payment of wages to motor transport workers.—The Payment of 
Wages  Act,  1936  (4  of  1936),  as  in  force  for  the  time  being,  shall  apply  to  motor  transport  workers 
engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as 
if  the  said  Act  had  been  extended  to  the  payment  of  wages  of  such  motor  transport  workers  by  a 
notification of the State Government under sub-section (5) of section 1 thereof, and as if a motor transport 
undertaking were an industrial establishment within the meaning of the said Act. 

26.  Extra  wages  for  overtime.—(1)  Where  an  adult  motor  transport  worker  works  for  more  than 
eight hours in any day in any case referred to in the first proviso to section 13 or where he is required to 
work on any day of rest under sub-section (2) of section 19, he shall be 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. 

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(2) Where an adult motor transport worker works for more than eight hours in any day in any case 
referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime 
work at such rates as may be prescribed. 

(3)  Where  an  adolescent  motor  transport  worker  is  required  to  work  on  any  day  of  rest  under          

sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in 
respect of the work done on the day of rest. 

(4) For the purposes of this section, “ordinary rate of wages” in relation to a motor transport worker 

means his basic wages plus dearness allowance. 

27. Annual leave with wages.—(1) Without prejudice to such holidays as may be prescribed, every 
motor transport worker who has worked for a period of two hundred and forty days or more in a motor 
transport undertaking during a calendar year shall be allowed during the subsequent calendar year leave 
with wages for a number of days calculated at the rate of— 

(a)  if  an  adult,  one  day  for  every  twenty  days  of  work  performed  by  him  during  the  previous 

calendar year; and 

(b) if an adolescent, one day for every fifteen days of work performed by him during the previous 

calendar year. 

(2)  A  motor  transport  worker  whose  service  commences  otherwise  than  on the  first day  of January 
shall be entitled to leave with wages at the rate laid down in clause (a) or, as the case may be, clause (b) 
of  sub-section  (1)  if  he  has  worked  for  two-thirds  of  the  total  number  of  days  in  the  remainder  of  the 
calendar year. 

(3) If a motor transport worker is discharged or dismissed from service during the course of the year, 
he shall be entitled to leave with wages at the rate laid down in sub-section (1), even if he has not worked 
for the entire period specified in sub-section (1) or sub-section (2) entitling him to earned leave. 

(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as 

one full day’s leave, and fraction of less than half a day shall be omitted. 

(5) If a motor transport worker does not in any one calendar year take the whole of the leave allowed 
to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be 
added to the leave to be allowed to him in the succeeding calendar year: 

Provided that the total number of days of leave that may be carried forward to a succeeding year shall 

not exceed thirty in the case of an adult or forty in the case of an adolescent. 

(6) In this section “calendar year” means the year commencing on the first day of January. 

Explanation.—For the  purposes  of  this section, leave  shall not  include  weekly holidays  or  holidays 

for festival or other similar occasions whether occurring during or at either end of the period of leave. 

28.  Wages  during  leave  period.—(1)  For  the  leave  allowed  to  a  motor  transport  worker  under 
section 27, he shall be paid at the rate equal to the daily average of his total full time wages for the days 
on  which  he  worked  during  the  month  immediately  preceding  his  leave,  exclusive  of  any  overtime 
earnings and bonus, if any, but inclusive of dearness allowance and the cash equivalent of the advantage, 
if  any,  accruing  by  the  concessional  supply  by  the  employer  of  foodgrains  for  the  day  on  which  he 
worked. 

(2) A motor transport worker who has been allowed leave for not less than four days under section 27 
shall, on an application made by him in this behalf to the employer, be paid in advance, before his leave 
begins, an approximate amount equivalent to the wages payable to him for the period of his leave and any 
amount so paid shall be adjusted against the wages due to him for the aforesaid period of leave. 

(3) If a motor transport worker is not granted leave to which he is entitled under sub-section (3) of 

section 27, he shall be paid wages in lieu thereof at the rates specified in sub-section (1). 

10 

 
 
 
CHAPTER VIII 

PENALTIES AND PROCEDURE 

29. Obstructions.—(1) 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 inquiry authorised by or under this Act in relation to any motor transport undertaking 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. 

(2)  Whoever  wilfully  refuses  to  produce  on  the  demand  of  an  inspector  any  register  or  other 
document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has 
reason to believe is likely to prevent any person from appearing before or being examined by an inspector 
acting in pursuance of his duties 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. 

30. Use of false certificate of fitness.—Whoever knowingly uses or attempts to use as a certificate of 
fitness granted to himself under section 23 a certificate granted to another person under that section, or 
having been granted a certificate of fitness to himself, knowingly allows it to be used, or an attempt to use 
it to be made, by another person, shall be punishable with imprisonment which may extend to one month, 
or with fine which may extend to fifty rupees, or with both. 

31. Contravention of provisions regarding employment of motor transport workers.—Whoever, 
except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules 
made  thereunder,  prohibiting,  restricting  or  regulating  the  employment  of  persons  in  a  motor  transport 
undertaking, 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, and in the case of a continuing contravention 
with  an  additional  fine  which  may  extend  to  seventy-five  rupees  for  every  day  during  which  such 
contravention continues after conviction for the first such contravention. 

32.  Other  offences.—Whoever  wilfully  disobeys  any  direction  lawfully  given  by  any  person  or 
authority  empowered under this  Act to  give such  direction  or  contravenes any of the  provisions  of this 
Act or of any rules made thereunder for which no other penalty is elsewhere provided 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. 

33.  Enhanced  penalty  after  previous  conviction.—If  any  person  who  has  been  convicted  of  any 
offence  punishable  under  this  Act  is  again  guilty  of  an  offence  involving  a  contravention  of  the  same 
provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six 
months, or with fine which may extend to one thousand rupees, or with both: 

Provided that for the purposes of this section no cognizance shall be taken of any conviction made 

more than two years before the commission of the offence which is being punished. 

34. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to, the company for the conduct of its 
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of  any 
director, manager, managing agent or any other officer of the company, such director, manager, managing 
agent  or  such  other  officer  shall  also  be  deemed  to  be  guilty  of  that  offence  and  shall  be  liable  to  be 
proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

11 

 
(a)  “company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of     

individuals; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

After section 34, insert: — 

“34A. Compounding of offences.—(1) Any offence punishable under sub-section (1) of section 
29,  section  31  and  section  32  may,  either  before  or  after  the  institution  of  the  prosecution,  on  an 
application by the alleged offender, be compounded by payment of compounding amount not more 
than  five  thousand  rupees,  by  such  officer  or  authority  as  the  appropriate  Government  may,  by 
notification in the official Gazette, specify in this behalf: 

Provided that the appropriate Government may, by notification in the official Gazette, amend the 

said specified compounding amount: 

Provided further that the offences of the same nature committed by the same offender for more 

than three occasions shall not be compoundable: 

Provided also that such offences shall be compounded only after the alleged offender has acted to 

the satisfaction of such officer or authority that such offence is not continued any further: 

Provided  also  that  when  an  offence  is  compounded  on  an  application  by  the  employer,  then 
seventy-five  per  cent  of  the  compounding  amount  received  from  him,  shall  be  paid  wherever  it  is 
feasible  to  the  concerned  worker  or  equally  amongst  the  workers  and  if  any  workmen  are  not 
identifiable then the remaining amount shall be deposited in such manner as may be notified by the 
appropriate Government. 

(2) Where an offence has been compounded under sub-section (1), no further proceedings  shall 
be  taken  against  the  offender  in  respect  of  such  offence  and  the  offender,  if  in  custody,  shall  be 
released or discharged.”. 

[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, 
notification  No.  S.O.  3465(E),  dated  (5-10-2020)  and  Vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Insertion of section 34-A.—After section 34 of the principal Act the following section shall be inserted 
namely :— 

“34-A Any offence punishable under this Act with fine only or imprisonment up to three months 
or  with  both  shall  be  compounded  on  the  application  of  accused  before  or  after  institution  of 
prosecution  by  a  competent  authority  notified  by  the State  Government,  after imposing  50%  of  the 
fine for the offence as compounding fee along with the prescribed fine: 

Provided that remedy for compounding shall be available for the first offence only. 

(2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, 

subject to direction, control and supervision of the State Government. 

(3) Every application for the compounding of an offence shall be made in such form and in such 

manner as may be prescribed. 

(4) Where any offence is compounded before the institution of any prosecution, no prosecution 
shall be instituted in relation to such offence, against the offender in relation to whom the offence is 
so compounded. 

(5) Where the composition of any offence is made after the institution of any prosecution, such 
composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the 
court  in  which  prosecution  is  pending  and  on  such  notice  of  the  composition  of  the  offence  being 
given, the person against whom the offence is so compounded shall be discharged. 

[Vide Uttar Pradesh Act 12 of 2018, s. 3] 

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35. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on 
complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that 
of  a  Presidency  magistrate  or  a  magistrate  of  the first  class  shall  try  any  offence  punishable  under  this 
Act. 

36. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this 
Act,  unless  the  complaint  thereof  is  made  within  three  months  from  the  date  on  which  the  alleged 
commission of the offence came to the knowledge of an inspector: 

Provided  that  where  the  offence  consists  of  disobeying  a  written  order  made  by  an  inspector, 
complaint  thereof  may  be  made  within  six  months  of  the  date  on  which  the  offence  is  alleged  to  have 
been committed. 

CHAPTER IX 

MISCELLANEOUS 

37. Effect of laws and agreements inconsistent with this Act.—(1) The provisions of this Act shall 
have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of 
any award, agreement or contract of service, whether made before or after the commencement of this Act: 

Provided  that  where  under  any  such  award,  agreement,  contract  of  service  or  otherwise  a  motor 
transport  worker is entitled  to benefits in respect  of any  matter  which  are  more  favourable to him  than 
those  to  which  he  would  be  entitled  under  this  Act,  the  motor  transport  worker  shall  continue  to  be 
entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits 
in respect of other matters under this Act. 

(2) Nothing contained in this Act shall be construed as precluding any motor  transport worker from 
entering into an agreement with an employer for granting him rights or privileges in respect of any matter 
which are more favourable to him than those to which he would be entitled under this Act. 

38.  Exemptions.—(1)  Nothing  contained  in  this  Act  shall  apply  to  or  in  relation  to  any  transport 

vehicle— 

(i) used for the transport of sick or injured persons; 

(ii) used for any purpose connected with the security of India, or the security of a State, or the 

maintenance of public order. 

(2) Without prejudice to the provisions of sub-section (1), the State Government may, by notification 
in the Official Gazette, direct that subject to such conditions and restrictions, if any, as may be specified 
in the notification, the provisions of this Act or the rules made thereunder shall not apply to— 

(i) any motor transport workers who, in the opinion of the State Government, hold positions of 

supervision or management in any motor transport undertaking, 

(ii) any part-time motor transport worker, and 

(iii) any class of employers: 

Provided that before issuing any order under this sub-section, the State Government shall send a copy 

thereof to the Central Government. 

39. Powers to give directions.—The Central Government may give directions to the Government of 

any State as to the carrying into execution in the State of the provisions contained in this Act. 

40.  Power  to  make  rules.—(1)  The  State  Government  may,  subject  to  the  condition  of  previous 

publication 1[, by notification in the Official Gazette,] make rules to carry out the purposes of this Act: 

Provided  that  the  date  to  be  specified  under  clause  (3)  of  section  23  of  the  General  Clauses              

Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed 
rules was published. 

1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 

13 

 
                                                           
(2) In particular, and without prejudice to the generality of the foregoing power, any such rules may 

provide for— 

(a) the form of application for the registration of a motor transport undertaking, the time within 

which and the authority to which such application may be made; 

(b) the grant of a certificate of registration in respect of a motor transport undertaking and the fees 

payable for such registration; 

(c) the qualifications required in respect of the chief inspector and inspector; 

(d) the powers which may be executed by inspectors and the manner in which such powers may 

be exercised; 

(e) the medical supervision which may be exercised by certifying surgeons; 

(f)  appeals  form  any  order  of  the  chief  inspector  or  inspector  and  the  form  in  which,  the  time 

within which and the authorities to which, such appeals may be preferred; 

(g) the time within which facilities required by this Act to be provided and maintained may be so 

provided; 

(h) the medical facilities that should be provided for motor transport workers;  

(i) the type of equipment that should be provided in the first-aid boxes; 

(j) the manner in which long distance routes, festive and other occasions shall be notified by the 

prescribed authority; 

(k) the conditions and limitations subject to which any motor transport worker may be required or 
allowed to work for more than eight hours in any day or more than forty-eight hours in any week in 
any case referred to in the second proviso to section 13; 

(l) the form and manner in which notices of period of work shall be displayed and maintained; 

(m) the rates of extra wages in respect of the over-time work done by a motor transport worker in 

any case referred to in the second proviso to section 13; 

(n) the registers which should be maintained by employers and the returns, whether occasional or 
periodical, as in the opinion of the State Government may be required for the purposes of this Act; 
and 

(o) any other mater which has to be, or may be, prescribed. 

 1[(3) Every rule made by the State Government under this Act, shall be laid, as soon as it is made, 

before the State Legislature.] 

1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 

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