37. Effect of laws and agreements inconsistent with this Act.--(1) The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of
any award, agreement or contract of service, whether made before or after the commencement of this Act.
Provided that where under any such award, agreement, contract of service of otherwise a motor
transport worker is entitled to benefits in respect of any matter which are more favourable to him than those
to which he would be entitled under this Act, the motor transport worker shall continue to be entitled to the
more favorable benefits in respect of that matter, notwithstanding that he receives benefits in respect of
other matters under this Act.
(2) Nothing contained in this Act shall be construed as precluding any motor transport worker from
entering into an agreement with an employer for granting him rights or privileges in respect of any matter
which are more favourable to him than those to which he would be entitled under this Act.
38. Exemptions.--(1) Nothing contained in this Act shall apply to or in relation to any transport
vehicle--
(i) used for the transport of sick or injured persons;
(ii) used for any purpose connected with the security of India, or the security of a State, or the
maintenance of public order.
(2) Without prejudice to the provisions of sub-section (1), the State Government may, by notification
in the Official Gazette, direct that subject to such conditions and restrictions, if any, as may be specified in
the notification, the provisions of this Act or the rules made there under shall not apply to--
(i) any motor transport workers who, in the opinion of the State Government, hold positions of
supervision or management in any motor transport undertaking,
(ii) any part-time motor transport worker, and
(iii) any class of employers:
Provided that before issuing any order under this sub-section, the State Government shall send a copy
thereof to the Central Government.
39. Powers to give directions.--The Central Government may give directions to the Government of
any State as to the carrying into execution in the State of the provisions contained in this Act.
40. Power to make rules.--(1) The State Government may, subject to the condition of previous
publication 1
[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
publish.
(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;
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(b) the grant of 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 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 return, 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.
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[(3) Every rule made by the State Government under this Act, shall be laid, as soon as it made, before
the State Legislature.]