(1) Every motor transport worker shall be allowed in each calendar year a holiday of one whole day on the 26th January, 1[the 1st May,] the 15th August, and the 2nd October and five other holidays, each of one whole day for such festivals as the Inspector of Labour may, in consultation with the employer and the motor transport workers, specify in respect of any undertaking.
(2) Every motor transport worker shall be paid wages at the ordinary rate of wages for each of the holidays allowed under sub-rule(1):
Provided that no such worker shall be entitled to any wages for any of the holidays allowed under sub-rule(1), other than the 26th January, the 15th August, and 17 the 2nd October, unless he has been in the service under the employer for a total period of thirty days within a continuous period of ninety days immediately preceding such holiday.
(3) (a) Every employer shall, within thirty days from the date on which these rules come into force, in the case of an undertaking in existence on that date and within thirty days from the date of commencement of operation of the undertaking in the case of any new undertaking, send in duplicate together with a copy of the notice mentioned in clause (b) to the Inspector of Labour having jurisdiction over the undertaking his proposal for the specification of festivals in Form No.VII:
Provided that in the case of any undertaking the Inspector of Labour may, if he thinks fit, extend the period within which the proposal for the specification of the festivals should be sent.
(b) The employer shall, on the day on which he sends to the Inspector of Labour, the proposal mentioned in clause (a), display at a conspicuous place where the motor transport workers ordinarily call on duty in such manner as can be readily seen and read by the motor transport worker, a notice in Form No.VIII:
Provided that the employer may consult the motor transport workers before formulating his proposal mentioned in clause (a).
(c) Objections or suggestions, if any, to the proposal of the employer shall be sent to the Inspector of Labour, having jurisdiction over the undertaking by the motor transport workers or by the trade unions representing the motor transport workers within a period of fifteen days from the date on which the notice mentioned in clause (b) is displayed under that clause.
(d) The Inspector of Labour shall, after considering the proposal of the employer and the objections and suggestions, if any of the motor transport workers received within the period specified, in clause (c) specify the five festivals for which holidays are to be allowed under sub-rule(1).
(e) The festivals specified by the Inspector of Labour under clause (d) shall be communicated to the employer in Form No.IX in duplicate. The employer shall, within seven days of receipt of the communication exhibit at a conspicuous place where the motor transport workers ordinarily call on duty a copy thereof in such manner as can be readily seen and read by the motor transport workers.
1[(f) Every employer shall send to the Inspector of Labour having jurisdiction over the area in which the motor transport undertaking is situated and display in the premises of motor transport undertaking a statement showing the holidays allowed under sub-rule(1) in each calendar year in Form No.XII. It shall be sent by registered post so as to reach the Inspector of Labour before the commencement of each calendar year in which holidays are allowed.]
1Added by G.O. Ms. No. 2288, Labour, dated the 8th October, 1987 18
(4)(a) The employer or a majority of the motor transport workers or any trade union representing a substantial number of motor transport workers in any undertaking in respect of which festivals have been specified under sub-rule (1) may, at any time, apply to the Inspector of Labour for a change in all or any of the festivals so specified.
(b) The application for changing the specified festivals shall be sent to the Inspector of Labour having jurisdiction over the undertaking in Form No.X in duplicate. If such a change in all or any of the festivals specified is proposed by a majority of the motor transport workers or any trade union representing a substantial number of motor transport workers in any undertaking, a copy of the application shall also be sent to the employer.
(c) The provisions of sub-rule (3) shall, mutatis mutandis apply to the change of festivals under this sub-rule.
(d) The change made by the Inspector of Labour shall take effect from the first day of the calendar year immediately following the year in which such change is effected.
1[(e) ***].
(5) Notwithstanding anything contained in sub-rule (1), any motor transport worker may be required by the employer to work on any holiday allowed under that subrule, if the employer has, not less than twenty-four hours before such holiday –
(a) served on the worker a notice in writing in 2[Form No. XII-A] requiring him to work as aforesaid : and
(b) sent a copy of the said notice to the Inspector of Labour 3[and Deputy Inspector of Labour] having jurisdiction over the area in which the undertaking is situated and displayed in the premises of the undertaking.
4[(6) When a motor transport worker works on any holiday allowed under subrule (1), he shall, at his option be entitled to –
(i) 5[twice the ordinary rate of wages]; or
(ii) wages for such day and to avail himself of a substituted holiday with wages on any one of the three days immediately preceding or succeeding the holiday on which he is required to work :
Provided that in cases where it is difficult to grant substituted holiday within the period stipulated above, such holiday shall be added to the account of the annual leave with wages of the worker and he shall be allowed to avail himself of the leave or encash it, as he desires, before the end of the calendar year.]
1Clause (e), omitted by G.O. (D) No. 581, Labour and Employment (H-1), dated the 10th November, 2010 (with effect from 23rd February, 2011).
2Subs. by G.O. Ms. No. 2288, Labour, dated the 8th October, 1987.
3Added by G.O. Ms. No. 2075 (Labour), dated the 15th December, 1979.
4Added by G.O. Ms. No. 2488, Labour and Employment, dated the 27th October, 1980.
5Subs. by G.O. Ms. No. 2715, Labour and Employment, S.R.O. No. A-8/82, dated the 2nd December, 1981, for the words “twice the wages”.
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(7) The Government may by notification exempt either permanently or for any specified period, any undertaking or person or class of persons from all or any of the provisions of this rule subject to such conditions as the Government may deem fit.
Explanation I. – For the purpose of the proviso to sub-rule (2), a weekly or any other holiday or authorised leave availed of by a motor transport worker shall be included in computing the period of thirty days specified therein.
Explanation II. – For the purposes of sub-rules (2) and (6) and rule 31, the expression “ordinary rate of wages” means the basic wages plus such allowances including the cash equivalent of the advantage if any, accruing through concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus.
CHAPTER VII MISCELLANEOUS 1[33. Leave with wages.- ***] 1[34. Leave Book.- ***] 2[35. Register of employment.- Every employer shall maintain a register of employment of all the workers employed in the undertaking in Form No.XV in which the overtime hours of work and payment therefor shall be entered. This register shall at all reasonable hours be available for inspection.]