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  "title": "ROAD TRANSPORT WORKERS ORDINANCE, 1961",
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  "text": "THE ROAD TRANSPORT WORKERS ORDINANCE, 1961 \r\n(XXVIII of 1961) \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\nTEXT \r\n1\r\nTHE ROAD TRANSPORT WORKERS ORDINANCE, 1961 \r\n(XXVIII of 1961) \r\n[4 July 1961] \r\nAn \r\nOrdinance \r\nto 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 \r\nemployment of road transport workers in Pakistan; \r\n NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of \r\nOctober, 1958, and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make and promulgate the following Ordinance:– \r\n1. Short title and commencement .– (1) This Ordinance may be called the \r\nRoad Transport Workers Ordinance, 1961. \r\n (2) It extends to \r\n2\r\n[whole] of \r\n3\r\n[the Punjab]. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless there is anything repugnan t in the \r\nsubject or context,– \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 \r\nworkers are employed, and where the business of such service is not \r\ndirectly managed by the owne r, means, the Manager, Agent or \r\nRepresentative of such owner in the said service, and where the owner \r\nis a minor, the guardian of such minor, and in relation to any vehicle \r\nwhich is the subject of hire -purchase agreement, the person in \r\npossession of the vehicle under that agreement; \r\n4\r\n[(3) “Government” means Government of the Punjab]; \r\n(4) \"hours of work\" means the time during which the workers employed are \r\nat the disposal of the employer excluding any interval allowed for rest \r\n                                                           \r\n1This Ordinance was made by the President  in pursuance of the Proclam ation of seventh day of October, 1958 ; published in \r\nthe Gazette of Pakistan (Extraordinary), dated July 4, 1961, pp. 1075-1080. This Ordinance had been applied to the Provincially \r\nAdministered Tribal Areas to the Parts of those areas to which it did not al ready apply, see Regulation No. 1 of 1972, s.  2 read \r\nwith Schedule.  This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted \r\ndevolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it w as adapted, with amendments, for the \r\nprovince of the Punjab by the Road Transport Workers (Amendment) Act 2012 (XX of 2012) , published in the Punjab Gazette \r\n(Extraordinary), dated February 11, 2012, pp. 40161-40162. \r\n2Substituted for the words “the whole” b y the Road Tr ansport Workers (Amendment) Act  2012 (XX of 2012), published in the \r\nPunjab Gazette (Extraordinary), dated February 11, 2012, pp. 40161-40162, s. 2.  \r\n3Substituted for the word “Pakistan” by the Act ibid. \r\n4Substituted by the Act ibid., s. 3.  \r\nand 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 \r\nincludes any place or stand at which passengers are picked up or s et \r\ndown by a vehicle; \r\n(7) “road transport service\" means a service carrying passengers or goods \r\nor both by road in vehicles for hire or reward; \r\n(8) \"vehicle\" means any mechanically propelled vehicle, used or capable of \r\nbeing used for the purpose of road tr ansport and includes a tramcar, a \r\ntrolley-vehicle and 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 \r\ndrivers, cleaners, conductors and checkers employed by or in a road \r\ntransport service; \r\n(11) \"year\" means a period of twelve months starting from the date a worker \r\nis employed in a road transport service and ending on the date \r\nimmediately preceding in the following calendar year. \r\n3. Age limit.– (1) No person, other than a driver, shall be employed in any road \r\ntransport service unless he has attained the age of eighteen years. \r\n (2) No person shall be employed in any road transport service for the \r\npurpose of driving a vehicle unless he has attained the age of twenty-one years. \r\n1\r\n[3A. Order of appointment, etc.– An employer–  \r\n(a) who has employed a worker before the  commencement\r\n2\r\n of the Road \r\nTransport Workers (Amendment) Act, 1975, shall within one month of \r\nsuch commencement, and  \r\n(b) who employs, transfers or promotes a worker after such \r\ncommencement shall on the day of such employment, transfer or \r\npromotion,  \r\nfurnish such worker with an order in writing in such form as may be prescribed \r\nspecifying the terms and condition s of his employment, transfer or promotion, as the \r\ncase may be.] \r\n4. 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 \r\nof at least half an hour nor for more than  \r\n3\r\n[seven] hours before he has \r\nhad at least two such intervals; \r\n                                                           \r\n1Inserted by the Road Transport Workers (Amendment) Act , 1975 (XII of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated January 25, 1975, pp. 17-31, s. 2. \r\n2The Road Transport Workers (Amendment) Act, 1975 (XII of 1975), published in the Gazette of Pakistan (Extraordinary), Part \r\nI, dated January 25, 1975, pp. 17-31 commenced with its publication, s. 1(3). \r\n3Substituted for the word “eight” by the Road Transport Workers (Amendment) Act, 1975 (XII of 1975), published in the Gazette \r\nof Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 17-31, s. 3(a). \r\n(b) for more than \r\n1\r\n[eight] hours in a day; and \r\n(c) for more than \r\n2\r\n[forty-eight] hours in a week. \r\n3\r\n[Explanation.– A worker who is required to wait for not less than 30 minutes \r\nto be employed on a vehicle shall be deemed to be employed on a vehicle \r\nduring the time he is so required to wait.] \r\n (2) Every worker shall be entitled to have at least twenty -four hours of \r\nconsecutive rest in a week. \r\n (3) The Government may, by rules made under section 10, grant such \r\nexemptions from the provisions of sub -section (1) and sub -section (2) as it thinks fit, \r\nto meet cases of emergency or of delay by reason of circumstances which could not \r\nbe foreseen:  \r\nProvided that– \r\n(a) no worker shall be employed overtime in any year in excess of one \r\nhundred and fifty working hours; and  \r\n(b) the worker employed overtime shall be paid remuneration at twice the \r\nrate of his normal wages calculated by the hour.  \r\n (4) Where as a result of the making of a rule exempting any worker from \r\nthe provisions of sub -section (2), a worker is deprived of any of the w eekly hours of \r\nrest for which provision is made in the sub -section he shall be allowed, as soon as \r\ncircumstances permit, compensating hours of rest of equal number so lost:  \r\n Provided that no worker shall be caused or allowed to work for more than ten \r\nconsecutive days without a compensating rest for at least twenty -four hours at one \r\ntime. \r\n (5) The Government or, if authorized in this behalf by the Government by \r\nrules made under section 10, the competent authority, may require an employer to \r\nfix beforehand th e hours of  work of the workers so as to conform with the \r\nprovisions of sub section (1) and may provide for the recording of the hours so fixed. \r\n (6) No worker shall work or cause or allow any other worker to work \r\noutside the hours fixed or recorded for the  work of the said worker in compliance \r\nwith any rule under sub-section (5). \r\n5. Restriction on cumulative hours of work .– No worker shall work or be \r\nallowed to work on a vehicle or two or more vehicles in excess of the period during  \r\nwhich he may be lawfully employed under this Ordinance. \r\n6. Leave.– (1) In addition to the period of daily and weekly rest, every worker, \r\nwho has been in continuous employment for a period of one year, shall be ent itled \r\nto not less than 14 days’  leave with full pay or, if he has b een continuously \r\nemployed for a period of six months, he shall be entitled to not less than seven \r\ndays’ leave with full pay. \r\n                                                           \r\n1Substituted for the word “nine” by the Act ibid., s. 3(b).  \r\n2Substituted for the word “fifty-four” by the Act ibid., s. 3(c). \r\n3Inserted by the Act ibid., s. 3(d).  \r\n (2) For the purpose of computing the period during which a worker has \r\nbeen in continuous employment within the meaning of sub -section (1), the period \r\nduring which he was on leave under this section shall be included.  \r\n1\r\n[6A. Festival holidays.– (1) Every worker shall be entitled to festival holidays with \r\nfull wages for twelve days in a year and the employer shall notify the days and da tes \r\nfor such holidays to workers within a week, –  \r\n(a) in the case of a road transport service operating immediately before \r\nthe commencement\r\n2\r\n of the Road Transport Workers (Amendment) Act, \r\n1975,–  \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; \r\nand  \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 \r\noperation; and  \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 \r\nsubstitute holiday shall be allowed to him within ten days of the festival holiday, or, \r\nat his option, h e shall be paid wages in respect of such work at double the ordinary \r\nrate of wages payable to him.  \r\n6B. Casual leave.– Every worker shall be entitled in a year to ten days’ casual \r\nleave on full wages:  \r\n Provided that casual leave admissible under this sect ion shall not be \r\naccumulated and carried forward to the succeeding year.] \r\n3\r\n[7. W.P. Ordinance No. VI of 1968 to apply to road transport service.– The \r\nprovisions of Standing Orders 10B, 10C, 12, other than those contained in clause \r\n(2) thereof, 13, 14, othe r than the proviso thereto, and 15 of the  \r\n4\r\n[* *] Industrial and \r\nCommercial Employment (Standing Orders) Ordinance, 1968 (W . P. Ordinance No. \r\nVI of 1968), as in force for the time - being, shall apply to every road transport \r\nservice as if such road transport  service were an industrial establishment to which \r\nthe aforesaid Ordinance had been applied by a notification under clause (c) of sub -\r\nsection (4) of section 1 thereof, and as if a worker was a workman or permanent \r\nworkman, as the case may be, within the meaning of that Ordinance: \r\n Provided that for the purpose of calculating the period for which gratuity is \r\n                                                           \r\n1Inserted by the  Road Transport Workers (Amendment) Act, 1975 (XII of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated January 25, 1975, pp. 17-31, s. 4. \r\n2The Road Transport Workers (Amendment) Act, 1975 (XII of 1975), published in the Gazette of Pakistan (Extraordinary), Part \r\nI, dated January 25, 1975, pp. 17-31 commenced with its publication, s. 1(3). \r\n3Substituted by the Road Transport Workers (Amendment) Act, 1975 (X II of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), dated January 25, 1975, pp. 17-31, s. 5. \r\n4Omitted the words “West Pakistan” by the Road Transport Workers (Amendment) Act 2012 (XX of 2012), published in the \r\nPunjab Gazette (Extraordinary), dated February 11, 2012, pp. 40161-40162, s. 4. \r\ndue under Standing Order 12, no period of service preceding  the commencement\r\n1\r\n of \r\nthe Road Transport Workers (Amendment) Act, 1975, shall be taken into a ccount: \r\n Provided further that Standing Order 10B or 10C, or Standing Order 12, in so \r\nfar as it relates to gratuity, shall apply only to a road transport service wherein the \r\nworkers and the other persons employed on any day within the twelve months \r\nimmediately preceding the commencement of the said Act were, or on the day of \r\ncommencement 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 nin eteen.] \r\n8. Maintenance of registers, etc .– (1) Every employer shall, in the prescribed \r\nform and in the prescribed manner, keep in the office of the road transport service a \r\nrecord of the hours worked and the amount of leave taken by, and of the intervals \r\nallowed for rest and meals to, every worker in accordance with the provisions of this \r\nOrdinance and particulars of all employment overtime shall be separately entered in \r\nthe record. \r\n (2) Every employer shall, for the purposes of this Ordinance, maintain \r\nsuch other records and registers and display such notices or other documents as \r\nmay be prescribed. \r\n9. Inspection of registers and calling for information .– It shall be the duty of \r\nevery employer to produce for inspection of such inspectors as may be appointed  \r\nby the Government all accounts or other records required to be kept for the \r\npurposes of this Ordinance and to give to such officer any other information in \r\nconnection therewith as may be required . \r\n10. Power to make rules .– The Government may make rules fo r the purpose of \r\ncarrying into effect the provisions of this Ordinance . \r\n11. Penalties .– Whoever contravenes any of the provisions of this Ordinance, or \r\nany of the rules made thereunder, shall be  \r\n2\r\n[punishable– \r\n3\r\n[(a) for the first offence, with fine not exce eding five thousand rupees but \r\nnot less than two thousand rupees; and]   \r\n(b) for every subsequent offence, with imprisonment which may extend to \r\nsix months and fine not exceeding \r\n4\r\n[ten] thousand rupees.] \r\n Provided that– \r\n(a) in the case of any contravention of the provisions of section 8, the \r\nemployer shall be liable, on conviction, to a fine not exceeding  \r\n5\r\n[one \r\n                                                           \r\n1The Road Transport Workers (Amendment) Act, 1975 (XII of 1975), published in the Gazette of Pakistan (Extraordinary), Part \r\nI, dated January 25, 1975, pp. 17-31 commenced with its publication, s. 1(3). \r\n2Substituted by the Road Transport Workers (Amendment) Act, 1975 (X II of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), dated January 25, 1975, pp. 17-31, s. 6.  \r\n3Substituted by the Road Transport Workers (Amendment) Act 2012 (XX of 2012), published in the Punjab Gazette \r\n(Extraordinary), dated February 11, 2012, pp. 40161-40162, s. 5(i). \r\n4Substituted for the word “one” by the Act ibid., s. 5(ii). \r\n5Substituted for the word “ten” by the Act ibid., s. 5(iii)(a). \r\nhundred] rupees for every day on which the contravention occurs or \r\ncontinues, and \r\n(b) if any employer, with intent to deceive, makes or causes or allows to be \r\nmade, in any record, register, notice or other document as provided \r\nunder section 8 an entry which is to his knowledge false in any material \r\nparticular, or willfully omits or causes or allows to be omitted from any \r\nsuch record, register, notice or document an entry required to be made \r\ntherein, shall be liable on conviction to simple imprisonment for a term \r\nnot exceeding six months or to a fine not exceeding five \r\n1\r\n[thousand] \r\nrupees or both. \r\n12. Protection of action taken under the Ordinance .– No suit, prosecution or \r\nother proceedings shall lie against any person for anything which is in good faith \r\ndone or intended to be done in pursuance of this Ordinance or rules made \r\nthereunder. \r\n                                                           \r\n1Substituted for the word “hundred” by the Act ibid., s. 5(iii)(b).",
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