The Motor Transport Workers Act, 1961
# 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.

CHAPTER IX

MISCELLANEOUS

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

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

[20th May, 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:—

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 date[2] 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.

**STATE AMENDMENT**

**Uttar Pradesh**

**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 email:

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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).

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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,—_

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(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).

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(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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