Section 86: Provisions relating to transport labours

1) The obligations of the employers towards the transport labourers shall be as follows:

(a) To make compulsory provision for at least two drivers to rotationally drive any motor vehicle transporting passengers in a long route,

(b) To make arrangements for taking rest by drivers of any motor vehicle operating a long route in different places before reaching the final destination,

(c) To provide transport labour who is employed to work for more than eight hours a day with remuneration at the rate of 1.5 times the remuneration receivable by the transport labour,

Provided that if a trip allowance, food allowance, or similar other allowance is to be provided to the transport labour, he or she shall be entitled to only one such allowance and 1.5 times the amount that he or she chooses.

(d) If the motor vehicle breaks down before reaching the final destination or is required to be stopped in one place for any reason, the labour is to be provided with fifty percent of the allowance receivable by him or her at the time when the motor vehicle is in running condition,

(e) To keep medicines and medical treatment items in the motor vehicle as necessary for first-aid treatment.

Explanation: For the purpose of this Section, –

(1) “Long route” means a long route determined pursuant to the law.

(2) “Transportation work” means the transportation by mechanical means of passengers, animals or goods from one place to another.

(3) “Transport labour” means any labour engaged in the transportation work.

2) No transport labour who drives a motor vehicle shall consume alcoholic substances at least twelve hours before driving the vehicle until the final destination is reached.

3) A labour who acts contrary to sub-section (2) shall be deemed to have committed misconduct, and the concerned employer may remove him or her from the service.

Provided that an opportunity to submit an explanation shall be provided to such a labour before so removing him or herby from the service.

4) If the employer wishes to remove any labour working in a motor vehicle in his or her ownership because of a change in ownership effected by the sale of the vehicle or otherwise, the employer may terminate employment relation by providing him or her with such benefits as payable for retirement.

Provided that this provision shall not apply to an enterprise that operates motor vehicles.