Section 47
Transportation Business
(1) The following special provisions shall apply in Respect of the Transportation Business _
(a) Working Hours:
(1) The worker and employee of the transport vehicle may be deployed in work till reaching the destination.
Provided that, in a passenger transport vehicle operating ♣ in long route, at least two drivers shall be engaged to drive it
alternately.
♣ “Explanation : for the purpose of this Section, “long route” means the long route as referred to in Clause (aa) of Section 2
of the Motor Vehicle Transport Management Act, 2049 (1992).”
(2) The driver of a vehicle transporting animals or goods and operating in the long distance route shall be allowed to take
rest at several places before reaching the destination.
(b) Trip Allowance: In case worker or employee of the transportation service is engaged for more than eight hours, he/she shall be paid
overtime at the rate of one and one-half times of his/her present amount of remuneration.
Provided that, if the worker or employee engaged in a operating vehicle is paid with any trip allowance, fooding allowance or any such other allowance, he ♣ shall receive such allowance or one and half of the amount of remuneration to be received by him/her, which one is greater.
(c) Fifty percent Allowance to be received during Breakage or Waiting Period: In case any worker or employee engaged in operating vehicle
has been stayed idle due to breakage of the vehicle before reaching destination or while the vehicle had been in waiting for its return, such person shall receive fifty percent of the allowance payable during the operating time of the vehicle .
(d) Accident Insurance : The proprietor shall insure all workers and employee engaged in the vehicle operating against accident in the
manner as prescribed .
(e) First Aid Materials : The operator of transportation business shall keep sufficient medicines and materials of first-aid treatment in each
vehicle.
(f) Prohibition of Consumption of Alcoholic Drinks:
(1) No worker or employee in any vehicle used for transportation of passengers, animas or goods shall consume alcoholic drinks before driving of the vehicle till reaching to the destination.
(2) In case a vehicle is operated by any worker or employee after consuming alcoholic drink, the Proprietor may, on charge of misconduct, dismiss him/her from the service. Provided that, the concerned worker or employee shall be provided with and opportunity to defend him/herself before dismissing him/her from service.
(3) Any person aggrieved by the order issued under Sub- clause (ii) may appeal in the Labour Court within thirty five days from the receipt of notice of dismissal from service.
(g) Commission Agent: The facilities under this Act shall not be provided to Commission Agent engaged in bookings or carriage of goods who is not registered in the Register of the transportation Enterprise.
(h) Change in Ownership: In case the transport vehicle is sold or there is change in ownership and if it is deemed necessary to terminate the services of any permanent worker or employee who has completed one year continuous service, the transportation businessperson, may terminate the service on payment of compensation and facilities payable under this Act, including such additional compensation as may be available pursuant to mutual agreement entered into or
understanding reach between the Proprietor and the worker of employee.
(2) For the purposes of this Section, “Transportation business” means a transport service engaged in carriage of passengers, animals or goods from one
place to another taking rents in a vehicle operated by means of mechanical device.
? (3) The Provision set forth in this Section and the provisions of Section 4,10,72,73 and Chapters 4 and 8 shall be applicable in respect of the Enterprise
related with transportation business where less than ten workers or employee are engaged at work.
(a) Working Hours:
(1) The worker and employee of the transport vehicle may be deployed in work till reaching the destination.
Provided that, in a passenger transport vehicle operating ♣ in long route, at least two drivers shall be engaged to drive it
alternately.
♣ “Explanation : for the purpose of this Section, “long route” means the long route as referred to in Clause (aa) of Section 2
of the Motor Vehicle Transport Management Act, 2049 (1992).”
(2) The driver of a vehicle transporting animals or goods and operating in the long distance route shall be allowed to take
rest at several places before reaching the destination.
(b) Trip Allowance: In case worker or employee of the transportation service is engaged for more than eight hours, he/she shall be paid
overtime at the rate of one and one-half times of his/her present amount of remuneration.
Provided that, if the worker or employee engaged in a operating vehicle is paid with any trip allowance, fooding allowance or any such other allowance, he ♣ shall receive such allowance or one and half of the amount of remuneration to be received by him/her, which one is greater.
(c) Fifty percent Allowance to be received during Breakage or Waiting Period: In case any worker or employee engaged in operating vehicle
has been stayed idle due to breakage of the vehicle before reaching destination or while the vehicle had been in waiting for its return, such person shall receive fifty percent of the allowance payable during the operating time of the vehicle .
(d) Accident Insurance : The proprietor shall insure all workers and employee engaged in the vehicle operating against accident in the
manner as prescribed .
(e) First Aid Materials : The operator of transportation business shall keep sufficient medicines and materials of first-aid treatment in each
vehicle.
(f) Prohibition of Consumption of Alcoholic Drinks:
(1) No worker or employee in any vehicle used for transportation of passengers, animas or goods shall consume alcoholic drinks before driving of the vehicle till reaching to the destination.
(2) In case a vehicle is operated by any worker or employee after consuming alcoholic drink, the Proprietor may, on charge of misconduct, dismiss him/her from the service. Provided that, the concerned worker or employee shall be provided with and opportunity to defend him/herself before dismissing him/her from service.
(3) Any person aggrieved by the order issued under Sub- clause (ii) may appeal in the Labour Court within thirty five days from the receipt of notice of dismissal from service.
(g) Commission Agent: The facilities under this Act shall not be provided to Commission Agent engaged in bookings or carriage of goods who is not registered in the Register of the transportation Enterprise.
(h) Change in Ownership: In case the transport vehicle is sold or there is change in ownership and if it is deemed necessary to terminate the services of any permanent worker or employee who has completed one year continuous service, the transportation businessperson, may terminate the service on payment of compensation and facilities payable under this Act, including such additional compensation as may be available pursuant to mutual agreement entered into or
understanding reach between the Proprietor and the worker of employee.
(2) For the purposes of this Section, “Transportation business” means a transport service engaged in carriage of passengers, animals or goods from one
place to another taking rents in a vehicle operated by means of mechanical device.
? (3) The Provision set forth in this Section and the provisions of Section 4,10,72,73 and Chapters 4 and 8 shall be applicable in respect of the Enterprise
related with transportation business where less than ten workers or employee are engaged at work.