RULE

BALUCHISTAN ROAD TRANSPORT WORKERS BALUCHISTAN ROAD TRANSPORT WORKERS RULES, 1978 Baluchistan Gaz. Extr. 7 May 1978, p. l. [No. 1‑82/73‑Labour.‑May, 1978.‑Rules made by the Government of Baluchistan in exercise of the powers conferred by section 10 of the Road Transport Workers Ordinance, 1961 (Ordinance No. XXVIII of 1961)]. 1. Short title, extent and commencement:‑‑‑--(1) These Rules .may be called the Baluchistan Road Transport Workers Rules, 1978 (2) They shall extend to the whole of the Province of Baluchistan. (3) They shall come into force at once. 2. Definitions:‑-----In these rules, unless the context otherwise require, the following expressions shall have the meaning hereby respectively assigned to them, that is to say :‑ (a) "Form" moans a form appended to these rules ; (b) "Inspector" means an Inspector appointed under Baluchistan Road Transport Workers Rules, 1978. (c) "Ordinance" means the Road Transport Workers Ordinance, 1961. (d) "Section" means a section of the Ordinance. (e) "Vender" means establishment/firm/press authorised to print/ sell the books required to be kept for the purpose of the Ordinance and these rules. 3. Maintenance of registers and records and display of notices:‑---(I) Every employer shall maintain a register of employment in Form A' showing working hours, rest intervals, overtime, weekly holiday, annual leave and remuneration. (2) Every employer shall maintain a register in Form B' of compensatory holiday to be given as a result of an exemption from the provisions of sub‑section (2) of section 4. (3) Every employer shall exhibit in his office premises a notice containing an abstract of the Ordinance and of these rules in Urdu or in the language of the majority of the persons employed by him. (4) Every register required to be maintained under these rules shall be preserved for a period of three years after the last entry borne thereon, and shall be produced before the Inspector on demand. (5) All notices shall be exhibited at a conspicuous place in the office of the Road Transport Service, and shall be renewed whenever they become defaced or otherwise illegible. (6) Every worker shall be provided by his employer with a Travelling Duty Book in Form C'. 4. Manner of examination of records, etc; by the Inspector.‑‑---An Inspector making an examination under section 9 shall make such examination of the prescribed register, records and notices as may appear to him necessary for the purpose of satisfying himself that the provisions of the Ordinance, and these rules and any orders passed by the Government thereunder are being properly observed. 5. Ascertainment of age by the Inspector:‑---An Inspector .may require an employer to produce a certificate of age from a registered Medical Practitioner in respect of any person employed by him. Such certificate shall be in Form D'. 6. Taking possession of documents:‑--The Inspector may, during the course of mobile inspection, take in possession such documents like Driving Licence, Registration Book of the Vehicle with a view to compel the employer/worker to appear before the Magistrate for violation of this Ordinance and these rules. 7. Termination of Service:‑ (1) No order of termination of service of a worker for misconduct shall be made unless the worker concerned is informed in writing of the alleged misconduct and is given an opportunity to explain the same. If the worker disputes the charge, an enquiry may be held by the employer or any person nominated by him. (2) During such enquiry the worker may be suspended provided that the period of suspension shall not exceed seven days. (3) If the charge is proved the worker shall be deemed to have been absent from duty from the date of suspension and shall not be entitled to any remuneration for such. period. If the charge is not proved the worker shall be entitled to the same wages as he would have received if he had been on duty. (4) No order of termination of service shall be passed except by or with the approval of the employer. (5) A copy of the final order terminating the service of the worker shall be supplied to the worker concerned. Exemption:‑‑During emergencies such as flood, famine, riot, earth quake, defence purposes, special gatherings or fairs, where it is necessary to employ road transport workers for evacuation or assistance of the public the restrictions imposed on hours of work under sub‑section (1) and (2) of section 4 would not apply subject to the following conditions :‑ (i) That the workers concerned shall not be employed for more than twelve hours on any one day ; (ii) That the worker concerned shall not be employed for more than 8 hours continuously without a rest interval of one hour ; (iii) That a notice about the extent of overtime taken on each occasion, alongwith the names of workers employed overtime is sent to the Inspector of the area concerned. 9. Declaration of vendors:‑The Director Labour Welfare may, on receipt of application declare vendor/s one or more commercial establish ment having press facilities to print and sell abstracts of the Ordinance and rules, duty book, register of employees, Register of compensatory Holidays and other requirements of the ordinance and these rules. 10. Authorisation fee:‑---The authorisation fee for the purpose will be Rs. 100/‑ per annum to be paid in the State Bank of Pakistan under the Head 47‑Misc: Departments. FORM B (See Rule 3 (2)) Register of Compensatory Holidays Month and year .................. .. Name and address of Transport Company ......................................................... ... Serial No. Number in Register of Employment Name of the worker Name and date of the exempting order Date of weekly rest days lost due to the exempting Order Date of compensatory holidays given Last days carried over to the next year Remarks 1 2 3 4 5 6 7 8 FORM A Register of Employees [See Rule 3(1)] Name of Transport Company ................ ......... Year ............ Month . Name of Employee .. Father s Name ..Designation ... Whether employed on Daily or Monthly wages with rats of pay . Date of employment . Date Hours of work Interval for Rest or Meal House worked with the employer Over Time Leave Remarks Signature of owner manager occupier or other authorized officer of the shop or commercial establishment Employee s signature or thumb-impression from To Total From To Total Worked with the employer Remuneration paid by the employer Duration Date of application Date of grant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *If any employee has worked with a previous employer the hours worked with him maybe shown in the Remarks column. Remuneration due Payment made __ Rs. Ps. Rs. Ps. Wages fixed 1st week . Fine imposed Arrears from last month 2nd week Balance due to employee Earning during the month Remarks 3rd week Ordinary ... 4th week Signature of the Manager Overtime ... Employee's signature or the Chief Executive Officer 5th week or thumb‑Impression. Of the Commercial Total ... Total ... Establishment. FORM C' [See Rule 3 (6)] Name and address of the Road Transport Service ........................ 1. Name of the worker 2. Father's Name . 3. Designation ......................... 4. Date and time of departure : 5. Rest interval 1st period .2nd period .. 6. Date and time of arrival at destination . 7. Time when he will be off duty .. Signature of the Manager Signature of the Worker FORM 'D' [See Rule (5)] Form of Certificate I hereby certify that I have personally examined. Name ... ........... Son of ................ .. residing at ........ and that he has completed his ...................... years and is fit for employment. His identification narks are .................................................... .. .. Signature/Thumb‑impression of Worker Registered Medical Practitioner Dated this day of ..19