LexThe KARNATAKA MOTOR TRANSPORT AND OTHER ALLIED WORKERS SOCIAL SECRUITY AND WELFARE RULES, 2024
Karnataka · state statute
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KARNATAKA ACT NO. 13 OF 2024
THE KARNATAKA MOTOR TRANSPORT AND OTHER ALLIED WORKERS'
SOCIAL SECURITY AND WELFARE ACT, 2024
Arrangement of Section
Sections:
1. Short title, commencement and application
2. Definitions
3. Constitution of Board
4. Disqualification and removal
5. Resignation of Office by member and filling up of casual vacancies
6. Powers and Functions of the Board
7. Secretary and Officers of the Board
8. Cess Authorities
9. Collection and Assessment of cess under certain circumstances
10. Appointment of Registering Officers
11. Registration of motor transport and other allied workers
12. Manner of claiming social security benefit
13. Claims Authority
14. Creation of fund
15. Utilization of fund
16. Maintenance of Accounts
17. Audit of Accounts
18. Administration of collections
19. Direction by the Government to the Board
20. Appeal
21. Protection of action taken in good faith
22. Power to make rules
23. Power to remove difficulty
STATEMENT OF OBJECTS AND REASONS
Amendment Act 13 of 2024:- It is considered necessary to,-
(i) provide social security and other welfare measures to promote the
welfare of motor transport and other allied workers.;
(ii) seek re -appropriation of funds from the Karnataka Motor Vehicles
Taxation Act, 1957 (Karnataka Act 35 of 1957) to finance such social security
and other welfare measures; and
(iii) constitute a Board for disbursement of the said social security
schemes to such workers.
Hence, the Bill.
[L.A. Bill No.05 of 2024, File No. SAMVYASHAE 07 SHASANA 2024]
[Entries 23 and 24 of List III and entry 57 of List II of the Seventh Schedule to the
Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.165 in part-IVA
dated:07.03.2024]
KARNATAKA ACT NO. 13 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 07th day of March,
2024)
THE KARNATAKA MOTOR TRANSPORT AND OTHER ALLIED WORKERS'
SOCIAL SECURITY AND WELFARE ACT, 2024
(Received the assent of the Governor on the 06th day of March, 2024)
An Act to provide social security and other welfare measures to promote
the wellbeing of the motor transport and other allied workers and for other
matters connected therewith or incidental thereto;
Whereas it is expedient to provide social security and other welfare
measures to promote the wellbeing of the motor transport and other allied
workers and for matters connected therewith or incidental thereto;
Be it enacted by the Karnataka State Legislature in the seventy fifth year
of the Republic of India, as follows:-
1. Short title, commencement and application.- (1) This Act may be
called the Karnataka Motor Transport and Other Allied Workers' Social
Security and Welfare Act, 2024.
(2) It applies to the workmen working in every motor transport
undertaking, garages, workshops, automobile body building and any other
similar establishments which shall be notified by the State Government from
time to time.
(3) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a)"Board" means t he Karnataka State Motor Transport and Other
Allied Worker’s Social Security and Welfare Boa rd constituted
under section 3;
(b)"Cess" means the cess levied and collected under the Karnataka
Motor Vehicles Taxation Act, 1957 ( Karnataka Act 35 of 1957)
and includes such sums or percentage of cess reappropriated to
the fund created under section 14;
(c) “Family” means wife or husband, minor sons and unmarried
daughters of the registered motor transport and other allied
worker and includes his father, mother and mentally retarded or
physically challenged or widowed daughters who are solely
dependent upon him;
(d) “Fund” means a motor transport and other allied workers social
security fund created under section 14 of this Act;
(e) “Government” means Government of Karnataka;
(f) "Motor transport and other allied workers" means and includes,
(i)a person who is employed in a motor transport undertaking
directly or through an agency, to work in a professional
capacity on a motor veh icle or to attend to duties in
connection with the arrival, departure, loading or unloading of
such motor vehicle and includes a private transport vehicle
driver, conductor, cleaner, supervisor, station staff, line
checking staff, booking clerk, cash clerk , depot clerk, tim e-
keeper, watchman or attendant;
(ii) a person working in motor garages, tyre retreading and
resoling units, puncture repair shops, wheel balancing and
alignment units, water washing units;
(iii) a person working in automobile body build ing units,
tinkering, electrical and AC units;
-but does not include;-
(a) any such worker as defined under clause (l) of section 2 of
the Factories Act,1948 (Central Act No 63 of 1948);
(b) any person employed in Government or Government
Organization;
(c) who is employed mainly in a manage rial or administrative
capacity;
(g)“Motor Transport Undertaking” means motor transport
undertaking as defined under clause (g) of section 2 of the Motor
Transport Workers Act , 1961(Central Act No. 27 of 1961);
(h)"Notification" means a notification published in the Official Gazette
under this Act;
(i) "Prescribed" means prescribed by rules made under this Act;
(j)"Schedule" means the schedule appended to this Act; and
(k)"Scheme" means the scheme notified by the Government for the
social security and welfare of the motor transport and other
allied workers;
(2) All other words and expressions used in relation to motor vehicles
but not defined in this Act, shall have the same meaning as assigned to
them in the Karnataka Motor Vehicles Taxation Act, 1957 (Karnataka Act 35
of 1957).
3. Constitution of Board. - (1) The State Government shall by
notification in the official gazette constitute a board to be known as “the
Karnataka State Motor Transport and Other Allied Wo rkers' Social Security
and Welfare Board” for the purpose of this Act.
(2) The State Board shall consist of following members, namely:-
(a) The Minister of Labour, Government of Karnataka Ex-officio Chair
person.
(b) The Additional Chief Secretary/ Principal
Secretary/Secretary of the Department of Labour,
Karnataka State
Ex-officio Vice
Chair person.
(c) (i) Additional Chief Secretary/Principal
Secretary/Secretary, Transport Department,
(ii) Additional Chief Secretary/Principal
Secretary/Secretary, Department of Industries
and Commerce,
(iii)Additional Chief Secretary/Principal
Secretary/Secretary, Finance Department,
(iv) Commissioner of Transport Department
(v) Commissioner, Commercial Taxes;
Ex-officio
Members
(d)
Ten members to be nominated by the Government of
Karnataka out of whom,-
Members
(i) Five members representing the workers engaged
in Motor Transport and other allied works.
(ii) Five members representing the employers of
Motor Transport undertakings and other similar
establishments
(e) The Commissioner of Labour, Government of
Karnataka
Ex-officio
member
Secretary
(3) Subject to pleasure of the Government, ten non official members
shall have a term of three years on rotation basis.
(4) The Board shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power subject to the
provisions of this Act, or the rules made thereunder to acqu ire, hold and
dispose of property, both moveable and immoveable, and to enter into a
contract, and may, by the said name sue and be sued.
(5) The allowances, if any, payable to the members of the Board and
other conditions of appointment of the representa tives of the employers and
employees shall be such as may be prescribed.
4. Disqualification and removal.- (1) No person shall be nominated as
member of the Board who, -
(a) is a salaried official of the Board; or
(b)is or at any time has been adjudged insolvent or has suspended
payment of his debts or has compounded with his creditors; or
(c) is found to be a lunatic or becomes of unsound mind; and
(d) is or has been convicted of any offence involving moral turpitude.
(2) The Government may remove from office any member who,-
(a) is or has become subject to any of the disqualification mentioned
in sub-section (1); or
(b) is absent without leave of the Board for more than three
consecutive meetings of the Board.
5. Resig nation of Office by member and filling up of casual
vacancies.- (1) A member may resign his office by giving notice thereof in
writing to the Government, and on such resignation being accepted, shall be
deemed to have vacated his office.
(2) A casual vacancy in the office of a member shall be filled up, as
soon as conveniently may be, by the authority concerned and a member so
nominated shall hold office for the unexpired portion of the term of the office
of his predecessor.
(3) No act or proceedings of the Board shall be questioned on the
ground merely of the existence of any vacancy in or any defect in the
constitution of the Board.
6. Powers and Functions of the Board .- The powers and functions
of the board shall be as may be prescribed by the rules.
7. Secretary and Officers of the Board .- the Secretary and officers
of the board shall be appointed through notification by the G overnment to
carry out the functions of the board.
8. Cess Authorities.- An officer or authority and the officers
appointed to assist the officer or the authority shall be deemed to have
powers under section 11 and section 11A of the Karnataka Motor Vehicles
Taxation Act, 1957 (Karnataka Act No.35 of 1957) and to be public servant
within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act
45 of 1860).
Provided, the authorit ies under this Act, shall be additional
authorities only for a particular type of motor vehicles or such similar
establishments to be notified by the Government through a notification.
9. Collection and Assessment of cess under certain circumstances.-
The Government shall have powers to levy, assess and collect cess from
establishments which are carrying in the business of transport of persons or
goods in such manner or such time and intervals in which as may be
prescribed. The manner of calculating the ce ss thereof in each transaction
delivery shall be prescribed for different motor vehicles or for different
classes of motor vehicles.
Provided that the provisions of section 3A and section 10A of the
Karnataka Motor Vehicles Taxation Act, 1957 (Karnataka Act No 35 of 1957)
shall apply only to the extent of re-appropriation of the fund created under
this Act in the proportion decided.
10. Appointment of Registering Officers. - The Government may, by
order notify in the official gazette,-
(a) such persons, being officers of the Government not below the rank
of labour inspectors in the labour department as it thinks fit, to be
the registering officers to register motor transport and other allied
workers for the purposes of this Act;
(b) define the limits within which a registering officer shall exercise
the powers conferred on him by or under this Act.
(c) a digital portal shall be in place to carry out the registration
process along with integration of digital data from such similar
portals.
11. Registration of motor transport and other allied workers.- (1)
Every motor transport and other allied worker shall as soon as
commencement of this Act register his name along with such particulars as
may be prescribed with the registering officer, in t he digital portal designed
or authorised for the purpose of this Act.
(2) No motor transport and other allied worker shall be entitled for any
social security and other benefits unless he is registered and eligible in
accordance with the provisions of this Act.
(3) No motor transport and other allied worker shall be entitled for any
social security and other benefit unless he has paid contributions to any
specific schemes as prescribed.
12. Manner of claiming social security benefit.- (1) A registered
motor transport and other allied worker may apply to the notified claims
authority under section 13to avail any of the social security and other
benefits mentioned in the schedule.
(2) The manner, format and other eligible criteria shall be as may be
prescribed.
13. Claims Authority.- (1) The Government may, by order notify in
the official gazette, Claims Authority not below the rank of the labour officer
in the labour department to decide on the merits of each application applied
by the motor transport a nd other allied worker and sanction such sums as
may be prescribed to the motor transport and other allied worker through
online payment.
(2) Any such claims shall be heard and decided by the claims
authority as expeditiously as possible in such manner as may be prescribed.
14. Creation of fund.- There shall be created by the Board a fund to be
called the Motor Transport and Other All ied Workers Social Security Fund
and there shall be credited thereto,-
(a) all sums received by the board through reappropriation by the
transport department as defined under section 2(b)
(b) any grants and loans made to the board by the Centra l
Government or the State Government if any;
(c) all contributions made by the beneficiaries towards social
security;
(d) all sum received by the board through levy of cess , surcharge
and any form of taxation on any particular type of motor
vehicles or such similar establishments through a notification
by the Government.
(e) all sums received through donors or through Corporate Social
Responsibility;
(f) The profit, interest, divi dend on any investment or share made
by the board.
15. Utilization of fund.- (1) The funds of the Board shall be utilized
for meeting,-
(a) the administrative expenses of the Board in the discharge of its
function as may be resolved by the board and to meet the
expenditure towards IEC activities of the scheme.
(b) salaries, allowances and other remuneration of the members,
officers and other employees of the Board.
(c) expenses towards the schemes for the identified beneficiaries
for payment of any premium, contribution to any government
pension fund or financial assistance for accident benefit,
educational assistance, health benefit and pension or any such
other welfare measures and facilities as may be notified.
(2) The funds of the board may be utilized for the social security
and welfare schemes as set out in the schedule.
(3) The Government may make such rules as is necessary for
providing the nature of financial assistance schemes, the eli gibility
conditions, the amount of assistance and the category of workers and their
dependents, if any, to be covered under the scheme.
16. Maintenance of A ccounts.- The Board shall maintain a separate
and proper accounts of collections under this Act as p art of the board's
fund. A separate account shall be opened for this purpose in any
nationalized bank and maintain other relevant records in such form, and in
such manner, as may be prescribed.
17. Audit of Accounts.- The accounts of collections and reappropriated
funds made under this Act shall be audited in such manner as may be
prescribed.
18. Administration of collections.- The Board shall administer the
collections and re -appropriated funds under this Act and take such
decisions regarding investment of such collec tions and utilization in social
security and welfare schemes designed and notified by the Government for
motor transport and other allied workers in such manner as it considers
necessary.
19. Direction by the Government to the Board. - (1) The Government
may give directions to the board as in its opinion are necessary or expedient
in connection with the reappropriation of funds and expenditure from the
fund or for carrying out the other purposes of the Act.
(2) It shall be the duty of the board to comply with such directions.
20. Appeal.- (1)Any person aggrieved by an order made by the
registering officer or an authority under this Act with respect to non -
registration, rejection of claims or any grievance regarding claims may
appeal against such order to such appellate authority, in such form and
manner, within such time and on payment of fees as may be prescribed.
(2) The Government shall appoint an officer who is above the rank of
registering authority and claims sanctioning authority as appellate
authority by a notification in official gazette.
(3) No appeal shall be entertained by the appellate authority unless it
is accompanied by satisfactory proof of non registering and rejection of
claims.
Provided that, the appellate authority may, in its discretion, give
directions as it thinks fit in regard to non registration of the beneficiaries
and rejection of claims if the applicant furnishes sufficient reasons to its
satisfaction in such form and in such manner as may be prescribed.
(4) Any such appeal shall be heard and decided by the appellate
authority as expeditiously as possible in such manner as may be prescribed
and the decision of the appellate authority on such appeal shall be final and
shall not be called in question in any court of law:
Provided that, no appeal shall be decided without giving the appellant
a reasonable opportunity of being heard.
21. Protection of action taken in good faith.- No suit, prosecution or
other legal proceedings shall lie against an officer or the authority or the
other officers appointed thereof and for anything which is in good faith done
or intended to be done under this Act or the rules made thereunder.
22. Power to make rules.- (1) The Government may, subject to the
condition of previous publication, by notification make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the matters, namely:-
(a) the allowances, conditions of appointment of representatives
from employers and workmen under sub -section (5 ) of
section 3;
(b) the powers and functions of board under section 6;
(c) the specific schemes to which contribution has to be paid
by Motor transport and other allied worker for being entitled
for any social security and other benefit;
(d) the manner, format and eligible criteria for registration of
beneficiaries under sub-section (2) of section 12;
(e) the manner to hear and decide the claims for benefits under
sub section (2) of section 13
(f) the nature of financial assistance, amount of assistance,
category of workers and their dependents under sub -section
(3) of section15;
(g) the manner of maintenance of book of accounts, registers
and other records under section 16;
(h) the manner of auditing of accounts of the board and
transactions of funds utilization under section 17;
(i) the manner of making an appeal and procedures und er sub-
section (1) of section 20;
(j) the manner of disbursement of appeals and such other
matter as under proviso to sub-section (3) of section 20; and
(k) manner of disbursement of appeal application under sub -
section (4) of section 20;
(3) Every rule ma de under this Act shall be laid, as soon as may be,
after it is made, before each House of the State Legislature, while it is in
session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session or sessions immediately
following, both houses agree in making any modifications in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done
under that rule.
23. Power to remove difficulty.- (1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order published
in the official gazette, make such provisions, not inconsistent with the
provisions of this Act, as may appear to it to be nece ssary for removing the
difficulty:
Provided that no such order shall be made under this section after the
expiry of a period of two years from the date of commencement of this Act.
(2)Every order made under this section shall be laid, as soon as may be
after it is made, before each house of the State Legislature.
SCHEDULE
[see sub-section (2) of section 15]
Sl. No. Schemes
1 Accident Benefit to Motor Transport and Other Allied Workers
(MTOAW):
(a) Death
(b) Disability
(c) Medical reimbursement
2 Assistance for Natural Death (inclusive of funeral expenses)
3 Educational Assistance to the children of deceased Motor transport
and other allied Workers
4 Educational Assistance to the children of Motor transport and other
allied Workers
5 Maternity Benefit to Motor transport and other allied women
workers and beneficiaries spouse.
6 Reimbursement/Payment of registration fee for Karnataka
Government scheme such as Ayushman Bharat Arogya Karnataka
7 Pension Scheme
The above translation of ಇತರ ತ
ರ , 2024 (2024ರ
:13) into English language be published in the official Gazette
under clause (3) of Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of
the Governor of Karnataka,
G.SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation.