MOTOR TRANSPORT WORKERS ACT FAQ

MOTOR TRANSPORT WORKERS ACT, 1961

1. How to get the vehicles registered under MTW Act?

Every employer within one month from the date f receipt of permit from Road Transport Authority shall submit application in Form No. I in duplicate for registration of the undertaking to the chief Inspector or inspector notified under the Motor Transport Workers Act by paying the fees prescribed by the Government.

2. Whether own vehicle is to be registered under MTW Act ?

No.

3. Difference between Public Transport and Private transport ?

A transport vehicle meant for the general usage of the public is called public transport and a transport vehicle where its usage is limited and restricted to exclusively for a group of persons is called private transport.

4. What is Motor transport undertaking?

Motor Transport Undertaking engaged in carrying passengers or goods or both by road for hire or reward and includes a private carrier shall only be registered under the Motor Transport Workers Act.

5. What is the minimum number of persons to be employed to come under the purview of MTW Act ?

Five or more Motor Transport workers.

6. Whether the vehicles used in the factories come under purview of the Act?

Yes. Provided they are engaged for carrying goods or passengers.

7. If an establishment is covered under Shops &Establishments Act and use vehicles , then whether MTW Act is covered or not?

The vehicles used for carrying passengers or goods in an establishment covered under Shops & Estts. Act shall be registered under the Motor Transport Workers Act.

8. Who is Motor Transport worker?

"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 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 the persons employed in shops or commercial establishments apply

9. What are the facilities or Welfare measures provided under Motor Transport Act (Canteen, Uniform, Medical/First-aid).

Canteen, rest rooms, uniforms, medical facilities and first -aid.

10. Whether the owners of the vehicles which are placed under the Transport company are to be treated separately?

No.

11. What are hours of work and weekly rest for Motor Transport Workers ?

8 hours in any day or 48 hours in any week.

12. whether each vehicle of a owner are to be registered separately, under this Act. ?

No. A person owning one or more vehicles used for carrying passengers or goods shall be registered as Motor Transport Undertaking

13. Who is the employer under MTW Act ?

"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.

14. What is the certificate of fitness ?

A certificate issued by the Road Transport Authority indicating the fitness and the roadworthiness of the vehicle.

15. Whether payment of Wages Act is applicable to MTW (Sec.-25)

Yes.

16. What are leaves eligible for Motor transport workers ?

A Motor Transport Worker who has worked for a period of 240days during a calendar year shall be allowed leave with wages @ 1 day for every 20 days of work performed by him, in case of adolescent worker @ 1 day for every 15 days of work performed by him.

17. When the Certificate is to be renewed ?

It shall be renewed by making an application not less than 60 days before the date on which the period of validity of certificate of registration expires.

18. What are the penalties for late Renewals ?

1) Application submitted within 15 days after the expiry the, 50% of the fee prescribed shall be charged as penal fee;

2) Application submitted after 15 days and before 30 days 75% of the fee prescribed shall be charged as penal fee;

3) Application submitted after one month and before 3 months 100% of the fee prescribed shall be charged as penal fee;

4) Registration / Renewal application submitted after three months of the due date and on conviction 100% in excess of the fee ordinarily payable for the certificate of registration or renewal shall be payable. The registration or renewal of the certificate shall be issued to the employer within 30 days from the date of receipt of application of theEmployer.

19. Is the Registration number marked on the vehicle?

Yes. The registration number of the undertaking shall be marked on the left hand side of every vehicle in letters (80Centimetre high / and 1 Centimetre thick)

20. Whether washing of uniforms or washing allowance to be provided under MTW Act (R-22(4))

Yes. 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 maybe 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.

22. What are Registers to be maintained by the employers.

Register of leave with wages. Form 7. Leave book – Form VIII, Register of Workers Form IX, Muster roll From X, Overtime muster roll – Form XI, Individual control book Form XII,

23. Whether individual control box is to be provided

Yes.

24. When the employer shall submit Annual Report.

The employer of every motor transport undertaking shall submit annual return in From XIII to the Inspector before 1st Feb. of every succeeding year .