(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.
(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 there under 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.
[Cf. Factories Act, 1948, Section 101.]
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.
(1) The State Government may, subject to the condition of previous publication a[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, shall not be less than six weeks from the date on which the draft of the proposed rules was published.
(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 qualification 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 overtime 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
(3)1* Every rule made by the State Government under this Act,shall be laid as soon as it is made before the State Legislature.]
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