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ANDAMAN AND NICOBAR ISLANDS MOTOR TRANSPORT WORKERS RULES, 1977

ANDAMAN AND NICOBAR ISLANDS MOTOR TRANSPORT WORKERS RULES, 1977

RULES

...................................................................................................................................................... 4 CHAPTER-1

.............................................................................................................................................. 4 Preliminary.............................................................................................................................................. 4 1. Short title extent and Commencement: ........................................................................................ 4 2. Definition: ....................................................................................................................................... 4 3. Interruptions during running time:................................................................................................ 5 CHAPTER II .............................................................................................................................................. 5 4. Application for registration:........................................................................................................... 5 5. Grant of certificate of registration:................................................................................................ 6 6. Validity of certificate of registration:............................................................................................. 6 7. Amendment of certificate of registration:..................................................................................... 6 8. Renewal of certificate of registration:........................................................................................... 7 9. Transfer of certificate of registration:............................................................................................ 7 10.

Procedure on death or insolvency of employer: ........................................................................... 8 11. Issue of duplicate certificate of registration:................................................................................. 8 12. Payment and refund of fees:.......................................................................................................... 8 13. Marking of the Registration number on the vehicle: .................................................................... 8

CHAPTER III ............................................................................................................................................. 8 Inspecting Staff....................................................................................................................................... 8 14. Qualification of an Inspector:......................................................................................................... 8 15. Power of Inspectors........................................................................................................................ 9 CHAPTER IV

............................................................................................................................................. 9 Welfare and Health................................................................................................................................. 9 16. Canteens.......................................................................................................................................... 9 17. Canteen Hall.................................................................................................................................. 10 18. Equipment..................................................................................................................................... 11 19. Prices to be charged ..................................................................................................................... 11 20. Accounts........................................................................................................................................ 11 21. Canteen Managing committee..................................................................................................... 11 22. Rest room...................................................................................................................................... 12 23. Uniforms. ...................................................................................................................................... 13 24. Medical Facilities .......................................................................................................................... 14 25. First Aid Facilities.......................................................................................................................... 16 CHAPTER V ............................................................................................................................................ 17 Hours and Limitations of

Employment................................................................................................ 17 26. Extra Hours of Work. .................................................................................................................... 17 27. Notice of Hours of work. .............................................................................................................. 17 28. Weekly Rest .................................................................................................................................. 18 29. Compensatory Holidays................................................................................................................ 19 30.

Certificate of fitness...................................................................................................................... 19

CHAPTER VI ........................................................................................................................................... 20 31. Wages and holidays...................................................................................................................... 20 32. Holidays......................................................................................................................................... 20 CHAPTER VII .......................................................................................................................................... 21 Miscellaneous.......................................................................................................................................

21 33. Leave with wages.......................................................................................................................... 21 34. Leave Book.................................................................................................................................... 21 35. Register of workers....................................................................................................................... 22 36. Individual control book ................................................................................................................ 22 37. Register o compensatory holidays............................................................................................... 22 38. Maintenance of registers.............................................................................................................. 22 39. Entry in the register...................................................................................................................... 22 40. Exemption from liability to maintain register, records etc. in certain cases.............................. 22 41. Payment of wages, if the Motor Transport Worker dies. ........................................................... 23 42. Appeals.......................................................................................................................................... 23 43. Returns.......................................................................................................................................... 23 44. Language of registers, records etc. .............................................................................................. 24 45. Service Certificate......................................................................................................................... 24

ANDAMAN AND NICOBAR ISLANDS MOTOR TRANSPORT WORKERS

RULES, 1977

ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISIONER’S SECRETARIAT NOTIFICATION

Port Blair, dated the 16th May, 1977/ Vaisakha, 26, 1899.

No 100/77/F. No. 32-26/74-77-TR. In exercise of the powers conferred by Section 40 of the Motor Transport workers Act, 1961 (27 of 1961), read with the notification No. S. O 2488 dated 13-10-1966, of the Government of India, Ministry of Home Affairs. New Delhi, Published in Part II section 3 Sub-Section II of the Gazette of India dated the 21stOctober, 1961, the Chief Commissioner, A&N Islands makes the

following Rules, the same having been previously published in the A&N Gazette Extraordinary No. 144 dated 28th September, 1976 under the A&N Administration’s notification No. 161/76/F. No 32-26/74-TK of the same date as required by Sub

Section (1) of the said Section, namely: -

RULES

CHAPTER-1

Preliminary

1. Short title extent and Commencement:

(1) These Rules may be called the Andaman and Nicobar Islands Motor

Transport Workers Rules, 1977.

(2) They shall extend to the whole of the Union Territory of the Andaman and Nicobar Islands.

(3) These Rules except Rules 16 to 22 (inclusive) and Rule 24 shall come into force at once and Rules 16 to 22 (inclusive) and Rule 24 shall come into force on such

date as the Chief Commissioner, Andaman and Nicobar Islands, may, by notification in the A&N Gazette appoint,

2. Definition:

(1) In these rules unless the context otherwise requires,

(a) “Act” means the Motor Transport Workers Act, 1961 (Central Act 27 of 1961)

(b) The chief Commissioner means the Chief Commissioner, A&N Islands.

(c) “Chief Inspector” means a person appointed under Sub-Section (1) of Section 4 of the Act to be the Chief Inspector for the Union Territory of Andaman and Nicobar Island;

(d) “Form” means a Form appended to these Rules;

(e) “Inspector” means Inspector appoint under section 4 and includes The Chief Inspector, when expert in the powers of an Inspector, under Sub section (2) of Section 4 of the Act;

(f) “Section” means a section of Act;

(g) “Undertaking” means a motor transport Undertaking;

(h) “Unit” means a branch office of the undertaking and includes the place or premises where a Motor Transport vehicle belonging to the undertaking halts;

(i) “Year” means the Calendar Year; and

(j) All the words and expressions used but not defined in these Rules

shall have the meanings respectively assigned to them in the Act.

3. Interruptions during running time:

Any interruption of less than ten minutes shall be counted towards running time CHAPTER II

4.

Application for registration:

(1) Every employer of an undertaking existing on the date on which these Rules except Rules 16 to 22 (inclusive) and Rule 24 come into force shall, within sixty days from that date, submit an application under sub-section (2) of section 3 in Form No. 1 in duplicate, to the chief Inspector for the registration of his undertaking and grant of a certificate of registration.

Provided that in the case of a new undertaking established on or after the date of such commencement, such application shall be made not less than thirty days before the date on which the employer proposes to operate the undertaking

(2) Every application under sub-rule (1) shall be accompanied by a Treasury receipt showing that the appropriate free for the certificate of Registration has been paid in the local Treasury.

(3) The fee to be paid for the grant of certificate of registration under the Act in this Union Territory shall be as specified in table below: -

Explanation (1):- For the Purposes of the above sub-rule the number of motor transport workers to be employed during the year specified in column (1) of the table of the fees referred to above shall be the maximum total number of workers employed

in all the

units of the

undertaking within the territorial limits of the Union Territory of Andaman situated within or outside this Union Territory.

Explanation (2): - A worker shall be deemed to be employed within this Union territory, if his Headquarters is within this Union Territory.

(4) The registration certificate issued to an undertaking by the Chief Inspector shall be exhibited in a conspicuous place in the head office of the undertaking within a week from the date of its receipt from the Chief Inspector. Copies of the Certificate issued by the Chief Inspector shall also be exhibited in a conspicuous place in the offices of all its units, referred to in the application submitted in Form No.1, within the period specified above.

5. Grant of certificate of registration:

(1) A certificate of registration for an undertaking shall be issued to the employer of

such undertaking by the chief Inspector in Form No. II and in the case of undertakings having units outside their headquarters copies of the said certificate shall also be sent by him simultaneously to the Inspector concerned having jurisdiction over each of the units specified in the certificate of registration.

(2) An application for the issue of a certificate of registration may be rejected if it does not satisfy any of the provisions of the Act or these rules governing its issued.

6. Validity of certificate of registration:

Every certificate of registration granted under Rule 5 or renewed under Rule 8 shall remain in force upto 31stDecember of the year for which the certificate is granted or renewed.

7. Amendment of certificate of registration:

(1) The certificate of registration issued under rule 5 or renewed under Rule 8 may be amended by the Chief Inspector;

(2) The application for the amendment of a certificate of registration shall be accompanied by;

(i) a statement indicating the nature of amendment required and reason therefore

(ii) a statement showing the change in particulars already furnished on the application for registration under rule 4 which necessitates the amendment;

(iii) a Treasury receipt showing that the appropriate fee for the amendment of the certificate of registration has been duly paid in the local treasury; and

(iv) the certificate of registration originally issued.

(3) The fee for the amendment of the certificate of registration shall be rupees five in addition to the amount if any by which the fee that would have been payable if the

certificate of,

registration

had been

originally

issued in the

amended form

exceeds the

fee originally

paid for the

certificate of

registration.

8. Renewal of

certificate of

registration:

(1) The

employer of

every

undertaking

who has

obtained a

certificate of registration under rule 5 shall submit an application form No. 1 in duplicate to the chief Inspector for the renewal of the registration certificate. An application for renewal shall be made not less than 30 days, before the date on which the certificate of registration expired, together with the original treasury receipt for payment of the prescribed fee for such renewal.

(2) The fees payable for renewal of certificate of registration shall be the same as specified in the table under sub-rule (3) of rule 4, for the grant thereof.

Provided that if the application for renewal is not sent within the time specified in sub-rule (1) but after the date of expiry of the certificate of registration, an additional fee of twenty five percent of the fee ordinarily payable for the certificate of registration shall be payable for such renewal.

Provided further that in cases where the Chief Inspector is satisfied that delay in submission of the application is due to unavoidable circumstances beyond the control of the employer, he may reduce or remit, as he thinks fit, the payment of such addition fee.  

(3) If the application has been made in accordance with this rules the undertaking shall be deemed to be duly registered until such date as the Chief Inspector may pass orders on the application for renewal of the registration.  

9. Transfer of certificate of registration:

(1) An employer holding a certificate of registration may at any time before the expiry of its validity apply in Form No. III for permission to transfer the certificate to another person.

(2) Every application under sub-rule (1) shall be made together with certificate of registration in original and a treasury receipt showing that a fee of rupees five has been duly paid in the local treasury, to the Chief Inspector, who shall, if he approves of the transfer, enter upon the certificate of registration under his

signature all endorsement to the effect that the certificate of registration has been transferred to the person named.

10. Procedure on death or insolvency of employer:

If an employer holding a certificate of registration dies or becomes insolvent, his legal representative if he desires to carry on the business of the undertaking shall within two months from the date of death or insolvency of the holder of the certificate of registration make an application for the transfer of the certificate of registration to his name in Form No. III, together with the certificate of registration in original and a treasury receipt showing that a fee of rupees five has been duly paid in the local treasury, to the chief Inspector who shall. If he approves of the transfer enter in the certificate of registration under his signature an endorsement to the effect that the certificate of registration has been transferred to the applicant.

11.

Issue of duplicate certificate of registration:

(1) Where a certificate of registration is lost defaced or destroyed. Holder of the certificate of registration shall forthwith report the matter to the Chief Inspector and apply in Form No. 1 to the authority for the issue of a duplicate certificate Every such application shall be accompanied by a treasury receipt showing that a fee of rupees five has been duly paid in the local treasury for the issue of a duplicate certificate of registration.

(2) On receipt of an application referred to Sub-rule (1), the Chief Inspector shall furnish to the applicant a duplicate copy of the certificate of registration duly stamped ‘Duplicate’ in red ink

12. Payment and refund of fees:

(1) All fees payable under these rules shall be paid into the local treasury under the Head of account 005 other Administrative Service-C other Service Receipts from the Central Govt. for administration of Central, Acts & Regulations other Departments Fees realised under the Motor Transport Workers Act.

(2) If an application for the grant, renewal, amendment or issue of a duplicate of a certificate of registration is rejected, the fee paid shall be refunded to the applicant

13. Marking of the Registration number on the vehicle:

The registration number of the undertaking shall be marked on the left hand side of every vehicle in letters and figures 7.6 C. M. high and 13 C.M thick.

CHAPTER III

Inspecting Staff

14. Qualification of an Inspector:

(a) No person shall be appointed as Chief Inspector for the purposes of the Act, unless he holds or has held, under the Andaman and Nicobar Administration, the office of the Labour commissioner may appointed as Chief Inspector 15. Power of Inspectors

In addition to the power conferred on him by other provision of these Rules, an Inspector shall, for carrying out the purposes of the Act, have power to do all or any of the following acts, namely

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

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

(iii) to require

any employer to supply or send any return or information relating to the provision of the Act or of these rules.

CHAPTER IV

Welfare and Health

16. Canteens

(1) The employer of every undertaking shall provide in or near every place wherein not less than one hundred transport workers ordinarily call on duty during every day, an adequate canteen.

(2) Provided however that the undertakings which are situated within reasonable distances from one another may with the approval of the Chief inspector, combine and provide joint canteens, and share their expenses. For these purpose, the Undertakings concerned shall submit to the Chief Inspector particular regarding the locations of the joint canteens the unit or units of undertaking served, the distances between each of the undertaking form the place where the canteen is purposed to be located, the number of workers employed in each of the undertakings the manner in which the canteen is to be managed and such other particulars as may be called for by the Chief Inspector.

(3) The employer employers shall submit for the prior approval of the Chief Inspector plans and site plans in duplicate of the building/buildings to be constructed or adapted for use of canteen/joint canteen/canteens.

(4) The canteen/joint canteen/canteens building shall be situated not less than 15.2 meters from any latrine, urinal or any other source of dust smoke or obnoxious fumes:

Provided, the Chief Inspector may or reasons to be recorded in writing, relax the provision of this sub-rule subject to such conditions as he may deem fit and may require the employer to take such measures to secure the essential purpose of this rule.

(5) The canteen/joint canteen/canteens building shall be constructed or adapted in accordance with the plans approved by the Chief Inspector and shall accommodate at least a dining hall, kitchen store room and pantry and also washing places, separately for workers and for utensils.

(6) In every canteen/joint canteen/canteens, the floor and all inside walls upto a height of 1.2 meters form the floor shall be made of smooth impervious material; the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.

(7) The doors and windows of a canteen/joint canteen/canteens buildings shall be of fly proof constructions and shall allow adequate ventilation.

(8) The canteen/joint canteen/canteens shall be sufficiently lighted at all times when any person has access to it.

(9)

(a) In every

canteen/joint

canteen/canteens:

(i) All inside walls of rooms and all ceilings, passages and stair cases

shall be lime-washed, colour washed or painted as the case may be

lime-washing or colour-washing shall be carried out once in

every year and painting shall be carried out once in every three

years.

(ii) All wood work and all internal structural iron or steel work shall be varnished or painted once in every three years.

Provided that inside walls of the kitchen shall be lime-washed

once in every four months.

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

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

17. Canteen Hall

(1) The dining hall shall accommodate at least thirty per cent of the motor transport workers likely to call in duty during every day;

Provided that In any particular undertaking or in any particular class of the undertaking, the Chief Commissioner may, by notification in the Official Gazette, alter the percentage of workers to be accommodated.

(2) The floor area of the dining hall excluding the area occupied by service counter and any furniture, except tables and chairs shall not be less that 0.9 per square per dinner to be accommodated under sub-rules (1)

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

(4)

(i) Wash basins with adequate water supply shall be provided in the dining hall for the use of the workers.

(ii) Soaps and towels shall be provided at the washing places in the dining hall. 18. Equipment

(1) There shall be provided and maintained sufficient utensils, crockery, cutlery furniture and any other equipment necessary for the efficient running of the canteen.

(2) The equipment referred to in sub-rule (1) shall be maintained in clean and hygienic condition. A service counter, if provided shall have a top of smooth and impervious material suitable facilities including an adequate supply of hot water shall be

provided for

the cleaning of

utensils and

other

equipments.

19. Prices to be

charged

(1) Food, drink

and other

items served

in the

canteen/joint

canteen/canteens shall be sold on a nonprofit basis and the prices charged shall be subject to the approval of the canteen managing committee

constituted under rule 21. In the event of the committee not approving the price list or where the committees are equally divided on the issue, the price list should be sent to the Chief Inspector for approval.

(2) The charges per portion food stuffs beverages and any other items served in the canteen/joint canteen/canteens shall be conspicuously displayed in the canteen/joint canteen/canteens.

20. Accounts

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

(2) The accounts pertaining to the canteen/joint canteen/canteens shall be audited once in every twelve months by registered Accountants & Auditors or Auditors of Co-operative Department of Andaman and Nicobar Islands. The balance sheet prepare by the said auditors shall be submitted to the canteen managing committee not later than two months of the closing of the audited accounts.

Provided that the accounts pertaining to the canteen/joint canteen/canteens in any public sector undertaking having its own Accounts Department may be audited in that Department or by auditor of Co-operative Department of Andaman and Nicobar Islands.

21. Canteen Managing committee

(1) The employer and in the case of a joint canteen the employer of the undertaking concerned shall constitute a canteen managing committee which shall be consulted from time to time as to: -

(a) The quality and quantity of food drink and other items served in the canteen.

(b) The arrangement of menus.

(c) Times of meals in the canteen and

(d) Any other matter as may be directed by the committee.

(2) The canteen Managing Committee shall consist of equal number of persons nominated by the employer, or the employers concerned in the case of a joint canteen and elected by the motor transport workers of the undertakings concerned in the case of a joint canteen as the case may be. The number of elected workers shall be in the proportion of one for every five hundred workers employed in the undertaking or undertakings as the case may be:

Provided that

in no case

shall there be

more than five

or less than

two more

transport workers in the committee and in cases where the workers refuse to elect their representatives, the employer or employers concerned shall nominate the workers representatives.

(3) The employee employers shall appoint from among the persons nominated by him/them a chairman of the Canteen Managing Committee.

(4) The employer/employers shall determine and supervise the procedure for election to the Canteen Managing committee.

(5) The Chairman and members of Canteen Managing Committee shall hold office for period of two years form the date on which it is constituted.

Provided that such member shall, notwithstanding the expiration of their term, continue to hold office until the constitution of the next Canteen Managing Committee.

22. Rest room.

(1) The employer of every undertaking shall provide rest-room at each of the places where six or more motor transport workers are to halt for the night.

(2) The rest room shall conform to the following standards and the employer of every undertaking shall submit for the approval of the Chief Inspector, plan and site plan in duplicate of the building to be constructed or adapted, namely:-

(a) The building shall be soundly constructed or adapted and all the walls and room shall be of suitable heat resisting material and shall be water proof. The floor and walls to a height of 0.9 meter shall be so laid or finished as to provide a smooth, hard and impervious surface;

(b) The height of every room in the building shall be not then 3.7 meter from the floor level to the lowest part of the roof and there shall be at least 4.6 square meters of floor area for every motor transport workers required to halt at night.

The Chief Inspector may, for reasons to be recorded in writing, relax the provisions of this sub-rule, subject to such conditions as he may deem fit and may require the employer to take such measures as to secure the essential purpose of this sub-rule.

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

(d) Every rest-room shall be adequately furnished with chairs and cots; and (e) Every rest-room building and precincts thereof shall be kept in a clean and

tidy condition.

Provided that where the Chief Inspector is satisfied that in respect of

any particular place. The provision of rest room to the above

standards

is not reasonably practicable he may by order in writing approve any suitable alternative accommodation subject to such conditions as he may specify.

(3) Suitable alternative accommodation as may be approved by the Chief Inspector, shall be provided at the places where less than six motor transport workers are required to halt at night

23. Uniforms.

(1) Every employer of an undertaking shall provide free of cost for the drivers, conductors, and line checking staff cleaners, mazdoors, sweepers and chowkidars uniforms and rain coats as specified in the table below: and it will be obligatory on their part to wear Uniforms while on duty.

(2) Unless the employer has made at his own cost adequate arrangement for the washing of uniforms provided by him under sub rule (1) there shall be paid to the drivers, conductors and line-checking staff, cleaners, mazdoors, sweeper and chowkidars an allowance for washing of such uniforms at the rate of Rupees two per month and such amount shall be paid in arrears on the day on which the wages or salary of drivers, conductors and line-checking staff are paid.

24. Medical Facilities

(1) At every place or halting station wherein not less than 250 motor transport workers ordinarily call on duty during every day or halt for the day as the case may be a dispensary shall be provided and maintained with such equipment and drugs as the Chief Commissioner may direct.

Provided, however, that motor transport undertaking may with the approval of the Chief Inspector combine and provide joint dispensaries and share their expenses. For this purpose, the motor transport undertakings concerned shall submit to the Chief Inspector particulars regarding the location of joint

dispensaries, the names and addresses of the transport undertakings served, the number of workers employed in each undertaking and such particulars as may be called for by the Chief Inspector.

(2) The dispensary shall be in charge of a qualified medical practitioner, assisted by such staff as the Chief Commissioner may direct. Such Medical practitioner shall make himself available in the dispensary during such hours as the Chief Commissioner may, by notification in the official Gazette, specify.

(3) The dispensary shall have a floor area of atleast 23.2 square meters and smooth, hard

and

impervious walls and floor and shall be adequately ventilated and lighted by both natural and artificial means. An adequate supply of wholesome drinking water shall be provided.

(4) At every place and halting Station, where less than 250 motor transport workers call on duty during every day or halt for the day as the case may be first aid boxes or cup-boards of the standard specified in the Table below shall be provided. Every first aid box or cub board shall be distinctly marked with a red cross or white back ground

and shall be kept stock and in good Order. Such first

aid boxes or cup-boards shall be readily accessible during all working hours and shall be in charge of and employee of the undertaking who is trained in first aid.

THE TABLE

(A) For places and halting stations wherein 10 and not exceeding 50 motor transport workers ordinarily workers ordinarily call on duty during every day.

Each first aid box or cub-board shall contain in it the following

equipment: (i) Twelve small sterilized dressings.

(ii) Six medium size sterilized dressings.

(iii) Six large size sterilized dressings.

(iv) Six large size sterilized burn dressings.

(v) Six (15 gms) packets of sterilized cotton wool.

(vi) One (60ml) bottle containing a two per cent alcoholic solution of iodine.

(vii) One (60ml) bottle containing salvolatile having the does and made of administration indicated on the label.

(viii) One roll of adhesive plaster.

(ix) One snake bite lancet.

(x) One (30ml) bottle of potassium permagnate crystals.

(xi) One pair scissors.

(xii) One copy of the approved first aid leaflet.

(B) For places and halting stations wherein more than 50 motor

transport workers ordinarily call on duty during every day.

(i) Twenty four small sterilized dressings.

(ii) Twelve medium size sterilized dressings.

(iii) Twelve large size sterilized dressing.

(iv) Twelve large size sterilized burn dressing.

(v) Twelve (15 gms) packets of sterilized cotton wool.

(vi) One snake bit lancet.

(vii) One pair scissors.

(viii) Two (30 gms) bottle of potassium permagnate crystal.

(ix) One (120 ml)

bottle containing a

two per cent

alcoholic solution of

iodine.

(x) One (120 ml)

bottle having the

dose and made of

administration

indicated on the

label.

(xi) One copy of the

approved first aid

leaflet.

(xii) Twelve roller

bandages 4 inches

wide.

(xiii) Twelve roller

bandages 2inches

wide.

(xiv) Two rolls of adhesive plaster.

(xv) Six triangular bandages.

(xvi) Two packets of safety pins.

(xvii) Supply of suitable splints

(xviii) One Tournequet.

Provided that in respect of stage carriages playing within a municipal town or stage carriage plying both within a municipal town and outside it also but retuning to municipal town each day after completion of the schedules trips for the day it shall be sufficient if the aid boxes are made available at the terminal points & at places where the motor transport workers halt.

Explanation: -A motor transport worker shall be deemed to have halted at a place it he is required to break off for the day after the completion of his spell

of duty at any place other than the place than the place where he sighed on. 25. First Aid Facilities.

The contents of every first aid box which shall be provided in every motor transport vehicle shall be as specified in the table below and every such first aid box shall be distinctly marked with a red cross on the white background and shall be kept stocked and in good order.

(i) A copy of the first aid leaflet.

(ii) Twenty four sterilized hand or foot dressings.

(iii) Twelve sterilized hand or foot dressings.

(iv) Twelve sterilized, large or body dressings.

(v) One extra-large, two large and three small sterilized burn

dressings. (vi) Two (15 gms) packets of sterilized cotton wool.

(vii) A bottle of 2 per cent tincture of iodine.

(viii) A bottle of salvolatile.

(ix) An empty kettle fitted with cork and camel hair brush for eye drops and (x) 60 ml-medicine glass.

CHAPTER V

Hours and Limitations of

Employment

26. Extra Hours of Work.

(1) The chief Inspector my,

on written application for

an employer, subject to

such conditions and for

such period as he may

think fit, permit motor

transport workers who are

engaged in the running of

any motor transport

service.

(i) On any route of 50 kilo

meters or (ii) on such

festive or other occasions

as may be notified by the

Chief Inspector in the

Official Gazette to work for

more than 8 hours on a day

or 48 hours in a week, but

in no case more than 10 hours in a day or 54 hours in a week as the case may be.

(2) The authority competent to accord approval for the employer requiring or

allowing any such motor transport worker as it is referred to in the first provision to section 13 to work for more than the hours of work specified in that section shall be the Chief Inspector.

(3) In any case referred to in the second provision to section 13 an employer shall not require or allow any motor transport worker to work for more than sixteen hours in any day seventy two hours in any week nor shall any such motor transport worker to be required or allowed to work for more than the hours of work specified in section 13, unless he had atleast eight consecutive hours of rest between the termination of duty and commencement of the next duty.

27. Notice of Hours of work.

(1) The notice of hours of work shall be in Form No. V.

(2) It shall be: -

(a) Written in English, Hindi and if necessary in a language understood by a majority motor transport workers:

(b) Displayed not later than the day immediately preceding the day on which the hours of work specified in the notice may take effect at a conspicuous place were the motor transport workers ordinarily call on duty and.

(c) Maintained in a clean and legible condition.

A copy of the notice shall be sent simultaneously to the Inspector having jurisdiction over the undertaking:

Provided that if any change in the notice displayed becomes necessary, a notice of such change shall be exhibited before such change is given effect to and a copy of the said notice together with the statement of reasons for the change shall be sent simultaneously to the Inspector.

Provided further that if the Chief Inspector is of opinion that the duty scheme or any other record maintained as a part of the routine of the undertaking gives particulars required under this rule, he may, by order in writing direct that the maintenance of such record shall be sufficient compliance with the provisions of this rule.

28. Weekly Rest

(1) Every

motor

transport

worker shall

be allowed a

duty of rest

with wages in

every period

of seven days

and an entry

to that effect

shall be made

in the

appropriate

column in

Form No. V.

(2) No motor transport worker shall be required or allowed to work on a day of rest fixed for him (hereinafter refereed as the said day), unless: -

(a) He has or will have a holiday for a whole day (hereinafter referred to as the substituted day) on one of the three days immediately before or after the said day; and

(b) The employer has before the said day or substituted day whichever is earlier;

(i) Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the substituted

day;

(ii) Displayed a notice to the effect at the premises of the

undertaking; and

(iii) Delivered on the employee a notice in writing requiring him to work as aforesaid.

(3) Any notice given under sub-clause (i) of clause (b) of sub-rule (2) may be cancelled by a notice delivered at the office of the Inspector and to the employee concerned and a copy thereof displayed at the premises of the undertaking not later than the day before the said day or the substituted day

to be cancelled whichever is earlier.

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

Provided that if any change in the notice displayed becomes necessary, a notice of such change shall be exhibited before such change is given effect to and a copy of the said notice together with the statement of reasons for the change shall be sent simultaneously to the Inspector.

29. Compensatory Holidays

(1) Every employer shall display before the end of the month in which holidays are lost, a notice showing the dates of compensatory holidays allowed during the same month or within two months immediately following at the place at which the notice of hours of work referred to in section 18 is displayed. Any subsequent change in the said notice shall be made not less than three days in advance of the date of the respective compensatory holiday.

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

30. Certificate of fitness

(1) For the

purpose of

examination and certifications of adolescents who wish to obtain certificates of fitness, the certifying surgeon shall arrange a fitness, the certifying surgeon shall arrange, a suitable time and place for the attendance of such persons and shall give previous notice in writing of such arrangements to the employer of undertakings or any class of undertakings within the local limits of his jurisdiction.

(2) The certifying surgeon shall grant the certificate of fitness in Form No. VI. The foil and counterfoil shall be filled in and the left thumb mark of the adolescent the person In whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the adolescent person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the adolescent persons in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 23. All counterfoils hall be preserved for a period of not less than two years form the date of grant of the certificate.

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

(a) Cases of illness have occurred which is reasonable to believe are due to the nature of the work or other conditions of work prevailing therein or;

(b) Adolescents are, about to be employed in any work which is likely to cause injury to their health.

(4) If the certifying surgeon is as a result of his examination of the opinion that any adolescent person employed in any undertaking is no longer fit to work, he shall inform the employer in writing accordingly. On receipt of such information the employer, shall not employ such person in that work for the period recommended by the certifying surgeon unless he is certified fit for the work by the certifying surgeon. The period of non-employment shall be treated as leave for which such person is eligible and if there is no leave to his credit or if such period exceeds the leave for which he may be eligible such excess period shall be treated as leave without pay.

(5) The employer shall afford to the certifying surgeon all facilities to inspect any work in which any adolescent person is employed or is likely to be employed.

(6) If the certifying surgeon wishes to conduct any medical examinations to a place of the undertaking to be fixed in consultation with the representatives of motor transport workers, the employer shall provide for the purpose of such examination for his exclusive use of a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table with writing materials and chairs.

(7) If a qualified medical practitioner employed in a dispensary referred to in Chapter IV is appointed to be the certifying surgeon, an appeal will lie against his findings to Director of Medical and Health services, Andaman and Nicobar Islands, Port

Blair of

medical officer

of the rank of

Civil Surgeon

of the area in

which a unit

employing the

motor

transport

worker

concerned

situated.

CHAPTER VI

31. Wages and

holidays

When any

motor

transport

worker works

for more than

eight hours any day or more than forty-eight hours in any week in any case referred to in second provision to section 13, shall be entitled to wages in respect of overtime work double the ordinary rate of wages.

NOTE: - “Overtime Work” means any work in excess of 8 hours a day or 18 hours a week.

32. Holidays

(1) Every motor transport worker save & except daily rated casual and seasonal workers shall be allowed in each calendar year full three holidays of one whole day each on the 26thJanuary, 15th August and 2nd October and also thirteen other holidays each of one whole day on such as days may be notified by the Chief Commissioner in the Official Gazette for the industrial employees of various departments and undertakings of the Andaman and Nicobar Administration.

(2) Every daily-rated casual and season motor transport worker shall be allowed in each calendar year three full days of one whole day each on the 26thJanuary, 15th August and 2ndOctober.

(3) Every motor transport worker shall be paid wages at the ordinary rates for each of the holidays allowed to him under sub-rule (1) or sub-rule (2) as the case may be: -

Provided that no such worker shall be entitled to any wages for any of the holidays allowed under sub-rule (1) other than the 26thJanuary, 15th August and 2ndOctober, unless he has been in service under the employer for a period of 12 calendar months immediately preceding such holidays.

(a) Every employer shall maintain a register of holidays allowed under this rule in form No VII.

(4) Notwithstanding any think contained in sub-rule (1) any motor transport worker may be required by the employer to work on any holiday allowed under that sub-rule, if the employer has, not less than twenty four hours before such holiday: -

(a) Served on the worker a notice in writing in Form No. VIII requiring him to work as aforesaid;

And

(b) Sent copies of the said notice to the Inspector having jurisdiction over there are in which the undertaking is stated and displayed in the premises of the undertaking.

(5) When a motor transport worker works on any holiday allowed under sub-rule (1), he shall ne

entitles to

wages at

double the

ordinary rate

of wages for

such day only

and to avail

himself of a

substituted

holiday with

wages on any

other day

within three

days,

immediately,

preceding or

succeeding

the holidays

on which he is

required to

work.

(6) The chief Commissioner, Andaman and Nicobar Islands may be notification in the Andaman and Nicobar Gazette, except either permanently or for any specified period, any undertaking or person or classes of persons from all or any of the provision of this rule subject: to such condition as he may deem fit.

Explanation

(1) For the purpose of the proviso to sub-rule (2) a weekly or any other holiday or authorized leave availed of by a motor transport worker shall be included in computing the period of calendar moths specified

therein. Explanation

(2) For the purpose of sub-rule (2) and (5) and rule 31 the expression ordinary

rate of wages means the basic pay/wages plus all allowances such as dearness allowance, compensatory allowance etc.

CHAPTER VII

Miscellaneous

33. Leave with wages

(1) Every employer shall maintain a register of annual leave with wages in from No. IX up-to-date.

(2) The register of leave with shall be preserved for a period of three years from the date of the last entry in it and shall be produced before the Inspector on demand.

34. Leave Book

(1) Every employer shall provide each motor transport worker with a book in Form No. X (hereinafter in this rule referred to as the Leave Book). The Leave Book shall be the property of the worker and the employer or his agent shall not demand it except to make necessary entries and shall not keep it for more than a week at a time.

(2) If a motor transport worker losses his Leave Book the employer shall provide him with another copy on payment of fifteen paise and shall complete it from his records.

35. Register of workers

Every employer shall maintain a muster roll of all the workers employed in the undertaking in Form No. XI in which the overtime hours of work and payment therefore shall be correctly entered. This Muster Roll shall at all reasonable hours be available for inspection.

36. Individual control book

(1) No

employer shall

allow

operation of

any motor

transport

vehicle unless

each motor

transport

worker

travelling with

the vehicle is provided with and maintains individual control book in Form No. XII. The book shall be bound with the forms in duplicate and each form shall be numbered consecutively.

(2) Every motor transport worker travelling with vehicle shall make entries daily in the individual control book and forward or hand over to his employer the original copy of the form on the first working day after completion of the work to which the form relates

(3) Every employer shall maintain the original copies of the individual control book mentioned in sub-rule (2) in separate files for each motor transport worker for a period of three years and shall produce it before the Inspector on demand.

(4) Every motor transport worker travelling with the vehicles shall carry and retain with himself the individual control book atleast six months from the last entry in it and produce it for inspection on demand by an inspector.

37. Register o compensatory holidays.

Every employer shall maintain a register of compensatory holidays in form No. XIII which shall be preserved for a period of three years from the date of the last entry in it and shall be produced before the Inspector on demand.

38. Maintenance of registers

The registers records and notices maintained or exhibited under the provisions of these rules shall always be available in the undertaking and shall be produced or caused to be produced for inspection at all reasonable hours by an Inspector having jurisdiction.

39. Entry in the register

In any register or record which an employer is required to maintain

under those rules, the entries relating to any day shall be made of such day.

40. Exemption from liability to maintain register, records etc. in certain cases.

Notwithstanding anything contained in rules 32 (4), 33, 34, 35, 36 and 37 if the Chief Inspector is of the opinion that may register, muster roll or individual control book maintained as part of the routine of any undertaking or return made by the employer of any leave book or similar record issued by employer to the worker contained in respect of any or all the workers in the particulars required for the enforcement of the Act and these rules, he may be order, in writing direct that such

register Muster Roll, Individual control book, return leave book or similar record shall to the corresponding extent, be maintained in the place of and be treated at register, the muster roller individual control book, return leave book or similar record required to be maintained or provided under the aforesaid rule in respect of that undertaking.

41. Payment of wages, if the Motor Transport Worker dies.

(1) If a motor transport worker dies while in service or during the period of leave with wages

the balance of

his wages if any, for the period of his employment including for the period of leave availed and not availed of by him and other dues, if any, shall be paid to his nominee within one month from the date of receipt of his claim by the employer.

(2) For the purpose of sub-rule (1) each motor transport worker shall submit a nomination in form No. XIV duly signed by him and attested by two witnesses. The Nomination shall remain in force unless the nominee predeceases the worker, or until it is cancelled or revised by another nomination.

(3) Notwithstanding anything contained in sub-rule (i) if no person has been nominated by the deceased motor transport worker referred to in that sub rule for receiving payment of the wages or other dues referred to therein, such wages or dues shall be paid to the legal heir or heirs of the deceased motor transport worker. The employer may, before making such payment insist upon the production of:-

(i) a certificate issued by a Tahsildar if the amount to be paid does not exceed one thousand rupees,

(ii) A succession certificate, if such amount exceeds one thousand.

42. Appeals.

(1) The employer may appeal to the Chief Inspector against any order of an Inspector and to the Chief Commissioner, Andaman and Nicobar Islands or such authority as the Chief Commissioner may appoint in this behalf against any order of the Chief Inspector within thirty days from the date of receipt by him of the order.

(2) The appeal shall be in the form of a memorandum and shall set forth the concisely the grounds of objection to the order appealed against The appeal shall be accompanied by a certificate copy of the order appealed against.

43. Returns

The employer of every undertaking shall furnish to the Inspector or other Officer appointed by the Chief Commissioner, Andaman and Nicobar Islands an annual return in duplicate in Form No. XV by the first day of February of the year immediately succeeding to that to which it relates.

44. Language of registers, records etc.

All Registers, records and notices required to be maintained/exhibited or furnished under, these rules shall be in English.

45. Service Certificate.

Every worker shall be entitled to a service certificate at the time of leaving the service, dismissal or discharge.