FAQ's

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.

FAQ

WORKMEN'S COMPENSATION ACT, 1923.

1.         Who is Workman / Employee ?

            Section 2 (1) (n) defines who is a workman and the section read with schedule II of the Act, wherein list of persons who, subject to the provisions of Section 2 (1) (n), are included in the definition of workman.

2.         Who is an Employer ?

            "Employer" includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;

            "managing agent" means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer;

3.         What is Employer's  liability for compensation ?

            Chapter II of the W.C. Act, deals with this issue.  (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter.

            PROVIDED that the employer shall not be so liable:-

a)        in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding (three) days;

b)        in respect of any (injury, not resulting in death, [or permanent total disablement] caused by] an accident which is directly attributable to---

the workman having been at the time thereof under the influence of drink or drugs, or

the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety or workmen, or

the willful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety or workman.

Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person; and no suit for damages shall be maintainable by a workman in any court of law in respect of any injury—

(a)      if he has instituted a claim to compensation in respect of the injury before a Commissioner; or

(b)      if an agreement has been come to between the workman and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this Act.

4.         What is fatal accident and non-fatal accident ?

            (i) Fatal accident is one that results in the death of the workman. 

           

(ii) Non-fatal accident is one that causes injury to the workman resulting in partial or permanent physical disablement by which he loses his earning capacity. 

5.         When / Where claim application is to be filed ?

            In case of fatal accident the dependents of the deceased workman are entitled to file a claim application before the Commissioner for Workmen's Compensation Act.

            In case of non-fatal accident the injured worker who suffered partial or permanent disablement and lost his earning capacity can file an application under the Act.            

            The applicants shall file the claim before the Commissioner for Workmen's Compensation of the area in which—

the accident took place which resulted in the injury; or

the workman or in case of his death, the dependent claiming the compensation ordinarily resides; or

the employer has his registered office:

6.         Whether application can be made to the Central Labour Department ?

            No.  The applications can be made to the Commissioners for Workmen's Compensation as notified by the State Government as required under the Act.   No official of Central Labour Department is notified as Commissioner for Workmen's Compensation. 

7.         What is the wage limit prescribed under the Act ?

            The wages drawn by the injured or deceased workman shall not exceed Rs.4,000/- per month.   However if the workman draws morethan Rs.4,000/- per month the amount of compensation shall be taken limiting the monthly salary as Rs.4,000/-

8.         What is limitation period to file an application ?

            A claim application shall be filed within two years from the date of accident.  However, the C.W.C. may entertain the application after limitation period by condoning the delay after hearing the parties.

9.         Who are the opposite parties to the claim ?

           

            The employer of the workman is  the  Opp.  Party  in   any   claim

application.  In case the employer has obtained an Insurance Policy covering the risk of workman, such insurer may be made as 2^nd Opp. Party.

10.      Whether an agreement can be made between Workman and Employer ? 

            Yes, only in non-fatal cases and such agreements shall be registered with the Commissioner by the parties as per Section 28 of the Act.   In case a memorandum of any agreement the registration of  which is required by section 28, is not sent to the Commissioner as required by that Section, the employer shall be liable to pay the full amount of compensation  which  he  is liable to pay under the provisions of the Act, and notwithstanding anything contained in the provision to sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of any amount paid to the workman by way of compensation whether under the agreement or otherwise.

11.      Who are the dependents of the deceased workman ?

           

            "dependent" means any of the following relatives of a deceased workman, namely:-

a widow, a minor [legitimate or adopted] son, and unmarried [legitimate or adopted] daughter, or a widowed mother; and

if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;

if wholly or in part dependent on the earnings of the workman at the time of his death,

a widower,

a parent other than a widowed mother,

a minor illegitimate son, an unmarried illegitimate daughter or a daughter [legitimate or illegitimate or adopted] if married and minor or if widowed and minor,

a minor brother or an unmarried sister or a widowed sister if a minor,

a widowed daughter-in-law,

a minor child of a pre-deceased son,

a minor child of a pre-deceased daughter where no parent of the child is alive, or

a paternal grandparent if no parent of the workman is alive;]

12.      What is the responsibility of the Employer on the occurrence of the accident ?

            Where an accident occurred in the premises of an employer, which results in death or serious bodily injury the employer shall send a report to the Commissioner giving the circumstances,

13.      Whether a shop employee covered by the Act ?

            Yes.  Though the schedule of the W.C.Act does not cover the Shop Employee, the A.P.Shops & Estts. Act provides for applicability of W.C.Act, 1923 in case of accidental injuries / death of workman.

14.      What is amount of Compensation ?

            (1)      Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:-

Where death results from the injury

an amount equal to [fifty percent] of the monthly wages of the deceased workman multiplied by the relevant factor;

                                    or

                        an amount of [eighty thousand rupees], whichever is more;

Where permanent total disablement results from the injury an amount equal to [sixty percent] of the monthly wages of the injured workman multiplied by the relevant factor;

or

                        an amount of [ninety thousand rupees], whichever is more.

Where permanent partial disablement results from the injury

in the case of an injury specified in Part-II of Schedule-I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and

in the case of an injury not specified in Schedule – I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury;

16.      Where appeal lies ?

            The appeal lies with the High Court on the order of the Commissioner for Workmen's Compensation.

17.      Whether an employee covered under ESI can file a claim application under W.C.Act ?

            No.

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 .