Section 40 — Power to make rules.

40. Power to make rules.—(1) The State Government may, subject to the condition of previous 

publication 
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[, 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 executed 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 form 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; 

                                                           
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 



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(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 over-time 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 mater which has to be, or may be, prescribed. 

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[(3) Every rule made by the State Government under this Act, shall be laid, as soon as it is made, 

before the State Legislature.] 

 

                                                           
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).