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  "title": "Road Transport Workers Ordinance, 1961",
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  "text": "Page 1 of 6 \r\n \r\n  \r\n \r\nTHE ROAD TRANSPORT WORKERS ORDINANCE, 1961 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title and commencement \r\n2. Definitions \r\n3.  Age limit \r\n3A. Order of appointment etc. \r\n4.  Hours of work and rest \r\n5.  Restriction on cumulative hours of work \r\n6.  Leave \r\n6A.  Festival holidays \r\n6B.  Casual Leave \r\n7.  W. P. Ordinance No. VI of 1968 to apply to road transport service \r\n8.  Maintenance of registers, etc. \r\n9.  Inspection of registers and calling for information \r\n10.  Power to make rules \r\n11.  Penalties \r\n12.  Protection of action taken under the Ordinance \r\n \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE ROAD TRANSPORT WORKERS ORDINANCE, 1961 \r\nORDINANCE No. XXVIII of 1961 \r\n[4th July, 1961] \r\nAn Ordinance to regulate the hours of work and other conditions of employment of road transport \r\nworkers in Pakistan. \r\n WHEREAS it is expedient to regulate the hours of work and other conditions of employment \r\nof road transport workers in Pakistan; \r\n  Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, \r\nand in exercise of all powers enabling him in that behalf, the President is pleased to make and \r\npromulgate the following Ordinance:— \r\n 1. Short title and commencement.__(1) This Ordinance may be called the Road Transport \r\nWorkers Ordinance, 1961. \r\n (2) It extends to the whole of Pakistan. \r\n (3) It shall come into force at once. \r\n 2. Definitions.__ In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n(1)  “day” means a period of 24 hours beginning at midnight ; \r\n(2)  “employer” means the owner of any road transport service in which workers \r\nare employed, and where the business of such service is not directly managed \r\nby the owner, means the Manager, Agent, or Representative of such owner in \r\nthe said service, and where the owner is a minor, the guardian of such minor, \r\nand in relation to any vehicle which is the subject of hire-purchase agreement, \r\nthe person in possession of the vehicle under that agreement ; \r\n(3)  “Government” means the Provincial Government ; \r\n(4)  “hours of work” means the time during which the workers employed are at the \r\ndisposal of the employer excluding any interval allowed for rest and meals ; \r\n(5)  “prescribed” means prescribed by rules made under this Ordinance ; \r\n(6)  “public place” means a road, street, way or other place, whether a \r\nthoroughfare or not, to which the public have a right of access, and includes \r\nany place or stand at which passengers are picked up or set down by a vehicle; \r\n(7)  “road transport service” means a service carrying passengers or goods or both \r\nby road in vehicles for hire or reward ; \r\n \r\n \r\nPage 3 of 6 \r\n \r\n (8)  “vehicle” means any mechanically propelled vehicle, used or capable of being \r\nused for the purpose of road transport and includes a tramcar, a trolley-vehicle \r\nand a trailer; \r\n(9)  “week” means a period of seven days; \r\n(10)  “worker” means a person engaged on mobile duty, and includes drivers, \r\ncleaners, conductors and checkers employed by or in a road transport service ; \r\n(11)  “year” means a period of twelve months starting from the date a worker is \r\nemployed in a road transport service and ending on the date immediately \r\npreceding in the following calendar year. \r\n 3. Age limit.__(1) No person, other than a driver, shall be employed in any road transport \r\nservice unless he has attained the age of eighteen years. \r\n (2) No person shall be employed in any road transport service for the purpose of driving a \r\nvehicle unless he has attained the age of twenty-one years.  \r\n 1[3A. Order of appointment etc.— An employer— \r\n(a)  who has employed a worker before the commencement of the Road Transport \r\nWorkers (Amendment) Act, 1975, shall within one month of such \r\ncommencement, and \r\n(b)  who employs, transfers or promotes a worker after such commencement shall \r\non the day of such employment, transfer or promotion, \r\nfurnish such worker with an order in writing in such form as may be prescribed specifying the terms \r\nand conditions of his employment, transfer or promotion, as the case may be.] \r\n 4. Hours of work and rest.__(1) No worker shall be employed on a vehicle__ \r\n(a)  for more than five hours at a time before he has had an interval for rest of at \r\nleast half an hour nor for more than 1[seven] hours before he has had at least \r\ntwo such intervals ; \r\n(b)  for more than 1[eight] hours in a day ; and \r\n(c)  for more than 1[forty-eight] hours in a week. \r\n 1[Explanation.__ A worker who is required to wait for not less than 30 minutes to be \r\nemployed on a vehicle shall be deemed to be employed on a vehicle during the time he is so required \r\nto wait.] \r\n (2) Every worker shall be entitled to have at least twenty-four hours of consecutive rest in a \r\nweek. \r\n \r\n1Ins. and subs. by Act No. XII of 1975, ss.2-3. \r\n \r\nPage 4 of 6 \r\n \r\n (3) The Government may, by rules made under section 10, grant such exemptions from the \r\nprovisions of sub-section (1) and sub-section (2) as it thinks fit, to meet cases of emergency or of \r\ndelay by reason of circumstances which could not be foreseen: \r\n Provided that__ \r\n(a)  no worker shall be employed overtime in any year in excess of one hundred \r\nand fifty working hours ; and \r\n(b)  the worker employed overtime shall be paid remuneration at twice the rate of \r\nhis normal wages calculated by the hour.  \r\n (4) Where as a result of the making of a rule exempting any worker from the provisions of \r\nsub-section (2), a worker is deprived of any of the weekly hours of rest for which provision is made \r\nin the sub-section he shall be allowed, as soon as circumstances permit, compensating hours of rest \r\nof equal number so lost ; \r\n Provided that no worker shall be caused or allowed to work for more than ten consecutive \r\ndays without a compensating rest for at least twenty-four hours at one time. \r\n (5) The Government or, if authorised in this behalf by the Government by rules made under \r\nsection 10, the competent authority, may require an employer to fix beforehand the hours of work of \r\nthe workers so as to conform with the provisions of sub-section (1) and may provide for the \r\nrecording of the hours so fixed. \r\n (6) No worker shall work or cause or allow any other worker to work outside the hours fixed \r\nor recorded for the work of the said worker in compliance with any rule made under sub-section (5). \r\n 5. Restriction on cumulative hours of work.—No worker shall work or be allowed to work \r\non a vehicle or two or more vehicles in excess of the period during which he may be lawfully \r\nemployed under this Ordinance. \r\n 6. Leave.—(1) In addition to the period of daily and weekly rest, every worker, who has been \r\nin continuous employment for a period of one year, shall be entitled to not less than 14 days’ leave \r\nwith full pay or, if he has been continuously employed for a period of six months, he shall be entitled \r\nto not less than seven days’ leave with full pay. \r\n (2) For the purpose of computing the period during which a worker has been in continuous \r\nemployment within the meaning of sub-section (1), the period during which he was on leave under \r\nthis section shall be included. \r\n 1[6A. Festival holidays.— (1) Every worker shall be entitled to festival holidays with full \r\nwages for twelve days in a year and the employer shall notify the days and dates for such holidays to \r\nworkers within a week,— \r\n(a)  in the case of a road transport service operating immediately before the \r\ncommencement of the Road Transport Workers (Amendment) Act, 1975,— \r\n \r\n1Ins. by Act No. XII of  1975, s.4. \r\n \r\nPage 5 of 6 \r\n \r\n(i)  for the year 1975, of the commencement of the said Act; and \r\n(ii)  for subsequent years, of the beginning of each calendar year; and  \r\n(b)  in the case of a road transport service which starts operating after the \r\ncommencement of the said Act,__  \r\n(i)  for the year in which it starts operating, of the starting of its operation; \r\nand \r\n(ii) for subsequent years, of the beginning of each calendar year. \r\n (2) A worker may be required to work on any festival holiday but a substitute holiday shall be \r\nallowed to him within ten days of the festival holiday, or, at his option, he shall be paid wages in \r\nrespect of such work at double the ordinary rate of wages payable to him. \r\n 6B. Casual Leave.— Every worker shall be entitled in a year to ten days casual leave on full \r\nwages: \r\n Provided that casual leave admissible under this section shall not be accumulated and carried \r\nforward to the succeeding year.]  \r\n 1[7. W. P. Ordinance No. VI of 1968 to apply to road transport service.—The provisions \r\nof Standing Orders 10B, 10C, 12, other than those contained in clause (2) thereof, 13, 14, other than \r\nthe proviso thereto, and 15 of the West Pakistan Industrial and Commercial Employment (Standing \r\nOrders) Ordinance, 1968 (W.P. Ordinance No. VI of 1968), as in force for the time being, shall apply \r\nto every road transport service as if such road transport service were an industrial establishment to \r\nwhich the aforesaid Ordinance had been applied by a notification under clause (c) of sub-section (4) \r\nof section 1 thereof, and as if a worker was a workman or permanent workman, as the case may be, \r\nwithin the meaning of that Ordinance: \r\n Provided that for the purpose of calculating the period for which gratuity is due under \r\nStanding Order 12, no period of service preceding the commencement of the Road Transport \r\nWorwers (Amendment) Act, 1975, shall be taken into account: \r\n Provided further that Standing Order 10B, or 10C, or Standing Order 12, in so far as it relates \r\nto gratuity, shall apply only to a road transport service wherein the workers and the other persons \r\nemployed on any day within the twelve months immediately preceding the commencement of the \r\nsaid Act were, or on the day of commencement of the said Act or on any day thereafter are,__ \r\n(a)  in the case of Standing Order 10B, more than forty-nine: or \r\n(b)  in the case of Standing Orders 10C, and 12, more than nineteen] \r\n 8. Maintenance of registers, etc. __ (1) Every employer shall, in the prescribed form and in \r\nthe prescribed manner, keep in the office of the road transport service a record of the hours worked \r\nand the amount of leave taken by, and of the intervals allowed for rest and meals to, every worker in \r\naccordance with the provisions of this Ordinance and particulars of all employment overtime shall be \r\nseparately entered in the record.  \r\n \r\n \r\n1Subs by Act No. XII of 1975, s.5.  \r\n \r\nPage 6 of 6 \r\n \r\n (2) Every employer shall, for the purposes of this Ordinance, maintain such other records and \r\nregisters and display such notices or other documents as may be prescribed. \r\n 9. Inspection of registers and calling for information.—It shall be the duty of every \r\nemployer to produce for inspection of such inspectors as may be appointed by the Government all \r\naccounts or other records required to be kept for the purposes of this Ordinance and to give to such \r\nofficer any other information in connection therewith as may be required. \r\n 10. Power to make rules.—The Government may make rules for the purpose of carrying \r\ninto effect the provisions of this Ordinance. \r\n 11. Penalties.—Whoever contravenes any of the provisions of this Ordinance, or any of the \r\nrules made thereunder, shall be 1[punishable__ \r\n(a)  for the first offence, with fine not exceeding one thousand rupees ; and \r\n(b)  for every subsequent offence, with imprisonment which may extencd to six \r\nmonths and fine not exceeding one thousand rupees.] \r\n Provided that__ \r\n(a)  in the case of any contravention of the provisions of section 8, the employer \r\nshall be liable, on conviction, to a fine not exceeding ten rupees for every day \r\non which the contravention occurs or continues, and \r\n(b)  if any employer, with intent to deceive, makes or causes or allows to be made, \r\nin any record, register, notice or other document as provided under section 8 \r\nan entry which is to his knowledge false in any material particular, or wilfully \r\nomits or causes or allows to be omitted from any such record, register, notice \r\nor document an entry required to be made therein, shall be liable on conviction \r\nto simple imprisonment for a term not exceeding six months or to a fine not \r\nexceeding five hundred rupees or both. \r\n 12. Protection of action taken under the Ordinance.—No suit, prosecution or other \r\nproceedings shall lie against any person for anything which is in good faith done or intended to be \r\ndone in pursuance of this Ordinance or rules made thereunder. \r\n \r\n \r\n \r\n \r\n \r\n          RGN Uploaded on 27.02.2024 \r\n  \r\n1Subs. by Act No. XII of 1975, s.6.",
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