Bare Acts

CHAPTER III INSPECTING STAFF


4. Chief inspector and inspectors. --(1) the State Government may, by notification in the Official
Gazette, appoint for the State a duly qualified person to be the chief inspector and as many duly qualified
persons to be inspectors subordinate to the chief inspector as it thinks fit.
(2) The chief inspector may declare the local limits within which inspectors shall exercise their
powers under this Act, and may himself exercise the powers of an inspector within such local limits as
maybe assigned to him by the State Government.
(3) The Chief inspector and all inspectors shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
5. Powers of the inspectors.--(1) Subject to such conditions and restrictions as the State
Government may by general or special order impose, the chief inspector or an inspector may--
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of
this Act or rules made thereunder are being observed in the case of any motor transport
undertaking, and for that purpose require the driver of a transport vehicle to cause the transport
vehicle to stop and remain stationary so long as may reasonably be necessary;
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he has
reason to believe is under use or occupation of any motor transport undertaking at any reasonable
time for the purpose of carrying out the objects of the Act;
(c) examine any motor transport worker employed in a motor transport undertaking or require the
production of any register or other document maintained in pursuance of this Act, and take on the
spot or otherwise statements of any person which he may consider necessary for carrying out the
purposes of this Act;
(d) seize or take copy of such registers or documents or portions thereof as he may consider relevant
in respect of an offence under this Act which he has reason to believe has been committed by an
employer;
(e) exercise such other powers as may be prescribed;
Provided that no person shall be compelled under this sub-section to answer any question or make any
statement tending to incriminate himself.
(2) The provisions of the Code of criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply
to any search or seizure under this section as they apply to any search or seizure made under the authority
of a warrant issued under section 98 of the said Code.
6. Facilities to be afforded to inspectors.--Every employer shall afford the chief inspector and an
inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act.
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7. Certifying surgeons.--(1) The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this act within such local limits or for such motor transport
undertakings or class of motor transport undertakings as it may assign to them respectively.
(2) The certifying surgeon shall perform such duties as may be prescribed in connection with--
(a) the examination and certification of motor transport workers;
(b) the exercise of such medical supervision as may be prescribed where adolescents are, or are to be,
employed as motor transport workers in any work in any motor transport undertaking which is
likely to cause injury to their health. 

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