40. Power to make
rules.—(1) The State Government may, subject
to the condition of previous publication 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 (10 of 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 qualifications required in respect of the chief inspector
and inspector;
(d) the powers which may be exercised 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, from 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
(o) any other matter which has to be, or may be, prescribed.
(3) 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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