The Nagaland Road Safety Authority Act, 2013

The Nagaland Road Safety Authority Act 2013 (Act No. 8 of 2013) Received the assent of the Government of Nagaland on 25.7.2013 and published in the Nagaland Gazette extra-Ordinary dated 30mAugust 201 3. An - Act- An Act provide for the constitution of a road Safety Authority for the implementationof road safety inthe state, forthe establishment of aroad Safety Fund and for matters connected therewith and incidental thereto. Preamble: WHEREAS, it is expedient to provide for the constitution of Road Safety Authority for the implementation of road safety programmes in the State, for the establishment of a road Safety Fund and for matters connected wherewith and incidental thereto: Be it enacted in the sixty-fourth year ofthe Republic of India as follows: 1. Short title and commencement: (1) This Bill may be called the Nagaland Road Safety Authority Bill, 201 3. (2) it shall be deemed to have come into force on the date notified. 2. Definitions: (1) in this Act, unless the context otherwise requires,- (a) "accident" means any incident wherein, on account of the use of a motor vehicle on a public road, death, bodily injury or damage caused to any public properties, other vehicles, person, persons or property or to any public property or other vehicles, as the case may be;- (b) "Authority" means the 'Road SafetyAuthority3 constitutedunder section 3; (c) "Cess" meansthe cess levied under Section 10; (d) "Chairmad'means the Chairman of the Authority. Executive Committee or District Road Safety Committee, as the case may be; (e) "District"means arevenue district; (0 " D i c t Road SafetyCommittee"meansthe Disbict Road Safety Committee constituted under section 19; (g) "Executive Committee" means the executive committee of the Authority; (h) "Fund" means the Road Safety Fund constituted under Section 1 I; "LocalAuthorityn means Nagaland Village and Area Council Act, 1978 or amunicipality constituted under theNagaland Municipality Act. 2001. (i) "Public road" shall include, any private road to which public have access and also the tmffic mlaands, medians and footpath,. (k) "Public property" shall have the same meaning as dehedunder Prevention of Damage to Public Property Act, 1984 (3 of 1984); (l) "Public Authority" means the authority so constituted under this Act; (m) "Prescribed means prescribed by rules made under this Act; (n) "Regulations" means the regulations made under Section 39; (0) "Vehicle" shall have the same meaning as defined under section 28 of the MVAct, 1988 (2) Words and expressions used but not defined in this Act shall have the meanings respectively assigned to them in the Motor Vehcles Act, 1988 (Central Act 59 of 1988) or the rules made thereunder. 3. Constitution of the Authority: (1) The Government may, by notificationh the Gazette, constitute, with effect from such date as may be specified therein, an Authority to be called "The Nagaland Road Safety Authority". (2) The Authority shall be a body corporate by thename aforesaid, having perpetual succession and a common seal, with powers, subject to the provisions of this Acf to acquire, hold and dispose ofproperty both movable and urnlovable and to contact and shall by the said name sue and be sued. (3) The Authority shall consist of the following members, namely:- (a) The Mis te r for transport, who shall be the C h a i i of the Authority; (b) The Minister for Roads & Bridges who shall be the Vice-Chaimllanof the Authority; (c) The Chief Secretary; (d) The Secretary, Transport Department; (e) The Law Secretary; ( The Principal Secretary, Home Department; (g) The principal Secretary, Finance Department; ) The principal Secretary, Roads & Bridge Department; (i) The principal Secretary, Health and Family Department; (i) The principal Secretary, School Education Department; (k) The principal Secretary, Local Self Government Department; (l) The Road Safety Commissioner, who shall bethe Chief Executive Off~cer of the Authority; (m) The Director General of Police; (n) The Director, Health& Family Welfare Department; (0) The IGP Range, (Traffic) @) The Chief Engineer (Roads and Bridges); (9) The Chief Engineer (National Highways); (I) The Secretary, State Transport Authority; (s) Three persons who are experts in the field of road safety, nominated by the Government. (4) The nominated members of the Authority shall hold office for aperiod of five years from the date of appointment. (5) Any nominated member may, at any time, resign his office by aletter addressed to the Chairman of the Authority. 4. Functions of the Authority: The Authority shall have the following functions, namely:- (a) advising the Government on road safety policies; (b) prescribing and enforcing mad safety standards and procedures; (c) formulate and implement schemes, project and programmes, relating to road safety; (d) co-ordinatingthe functions of all the agencies and Government departments dischargingthe duties related to road safety; - - (e) implementing road safety awareness programmes; (f) administration ofthe Fund; (g) sanctioning expenditure for the implementation of road safety schemes and p r o m a ; (h) sanctioning expenditure for road safety and for purchase and installation of equipments and device connected with road safety; (i) sanctioning expenditure for the conduct of studies, projects and research on matters relating to road safety; (j) sanctioning expenditure for trauma-care programmes or activities; (k) sanctioning administrative expenditure ofthe Autho*, (l) sanctioning expenditure onmatters connected withand safety measures; (m) formation of self help group, under the leadership of the Authority for the rescue operation in the place of accident. (n) discharging such other functions, as may be prescribed having regard to the object ofthisAct. 5. Executive Committee: (1)there shall be anExecutive Committee for the Authority consisting of the following members, namely:- (a) Chief Secretary, who shall be the Chairmanofthe Executive Committee; (b) Transport Commissioner, who shall be the Vice-chairmanof the Executive Committee; (c) I G P (Range); (d) Chief Engineer (Roads and Brides); (e) Chief Engheer (National Highways); (8 Director, Health Services Department; (g) Secretary, State Transport Authority- Member Secretary. (2) The Executive Committee shall be in charge of the implementationof the decisions of the Authority. (3) Subject to suchrestrictions, conditions andlimitations, as may be imposed by the Authority, the Executive Committee shall exercise such powers and discharge such functions of the Authority as may be delegated to it by the Authority. 6. Meetings: (1) The Authority and the Executive Committee and the District Road Safety Committee, shall meet at such time and place as may be decided by the Chairman ofthe Authority, the Executive Committee or the Distxict Road Safety Committee, as the case may be, and shall observe such rules of procedure in relation to transaction of business at the meetings, as may be made by regulak 3ns. (2) Every meeting of the Authority or the Executive Conmittee shall be presided over by the Chairman or in his absence by the Vice-Chairman or in his absence, amember chosen by the members present. (3) The Authority shall meet at least once in six-months. (4) The quorum for a meeting ofthe Authority shall be seven. (5) The Executive Committee shall meet at least once in three months. (6) The quorum for meeting of Executive Committee shall be three. 7. Disposal of Business: Every matter to be decided by the Authority or the Executive Committee shall be considered and disposed of at the meetings of the Authority or of the Executive Committee, as the case may be, in accordance with the decision of the majority of the members present. 8. Vacancies etc. not to invalidate proceedings of the Authority:- No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority. 9. Road Safety Commissioner: The Transport Commissioner shall be the ex- officio Road Safety Commissioner for the purpose of this Act. 10. Levy and collection of cess: (1) There shall be levied and collected one-time cess for the purposes of this Act on every motor vehicle used or kept use in the State at the rate of 0.50% of the basic cost of the vehicle. Provided that no such cess shall be levied on amotor vehicle kept by dealer or manufacturer of such vehicle forthe purpose oftrade: Provided further that if the Government are of opinion that it is necessary in the public interest so to do, they may, by notificationin the Gazette, make an exemption in regard to cess payable under this Act in respect of any motor vehicle or class of motor vehicles. (2) Every cess leviable under sub-section (1) shall be payable by the registered owner or any person having possession or control of the motor vehicle, as the case may be. (3) The cess levied under sub-section (1) shall be collected by the taxation officer appointed under theNagaland Motor Vehicles Taxation Act, 1967 or in such manner and at such time as may be prescribed. (4) The Government may, by notification in the Gazette, direct that for the purpose of collection of cess, the provisions of the Nagaland Motor Vehicles Taxation. Act, 1967 shall apply, subject to such modification as may be specified in the mtilication (5) where any person who is liable to pay the cess in respect of amotor vehicle fails to pay the cess within the time prescribed under sub-section (3), such person shall, for the default of each year, in addition to the cess, pay an amount of fme equal to ten percent of the cess due. (6) The proceeds of the cess levied and collected under this Act by the Government togetherwith hes , interest and fees recovered thereunder shall first be credited to the Consolidated Fund of the State and after deducting the expenses of collection and recovery, as determined by the Government, the remaining amount shall, under appropriation duly made by law in this behalf, be entered into andtransferred to the Fund. (7) Any amount transferred to the Fund shall be charge on the Consolidated Fund of the State. 11. Establishment of the Fund. (1)After the constitution oftheAuthority, within one year, there shall be establishment a Fund to be called the" Nagaland Road Safety Fund". (2) There shall be credited to Fund.- 1. The amount transferredunder sub-section (6) of section 10; 2. Grants, loans or advances made by the Government. 3. Grants, loans or advances made by the Government of India; 4. Contributions fiom public or private jnstitutions or organizations; 5. Compounding fee collected under section 28. (3) The Government shall contribution to the Fund every year, an amount equal to fifty percent of the compounding fee collected in the previous year under section200 of the Motor vehicles Act, 1988 (CentralAct 59 of 1988). 12. Vesting and administration of the Fund. (I) The Fund shall vest in and be administered by the Authority constituted under section 3. (2) TheAuthority shall administer the Fund vested in it suchmanner, asmay be prescribed. (3) All amounts formingpart ofthe Fund shall be deposited in the State Bank of India as may be decided by the Authority and the account shall be operated by the Chairman of the Executive Committee and the Chief Ejtecutive 085cer of the Authority jointly in such manner, as the Authority may decide. 13. Utilization of theFund. The Fund shall be utilized for all or any of the following purposes, name:- (a) Road safety programmes; (b) Awareness programme in respect of road safety; (c) Purchases of equipment5 connected with road safety; (d) Funding of approved studies on project and research regarding road safety; (e) Trauma-care programmes and related activities; (f) Administrative expenses of the Authority; (g) Expenditure on matters connected with road safety, as the Authority may deem fit; and (h) Any other purpose as may be prescribed. 14. Power to order removal of causes of accident. (1)Notwithstanding anything contained in any other law for the time being in force, where the Authority is satisfied on complaint, report by any person or otherwise that- (i) the act of any person or persons on a public road; or (ui) the placement or positioning of any vehicle, animal, object built without the approval of any recognized administrative authority, structure or materials including arches, banners, display boards, hoard~ngs, awnings, tents, pandals, poles, platforms, rostrums, statues, monuments and other similar structures, ona public road; or (i) the movement of animals or vehicle on apublic mad; or (ii) the condition of any tree, structure or building situated in the vicinity of a oublic road: or i The entry or exit of any building or premise in the vicinity of apublic road; is likelv to cause accidents or causes obstruction to the fiee flow of traffic or distract the attention or obstruct the vision of the driver of any vehicle, the Road Safety Commissioner may, alter recording reasons thereof, direct the person concemed, either by a general or special order, to take such measures within two month as it considers necessary and such person shall be bound to comply with the direction within such time, as may be specified by the Authority. (2) Notwithstanding anythmgs contained in subsection (I), in case of urgency, the Road Safety Commissioner may take such action as may be necessary to prevent accident or obstruction, as the case may be, and recover the cost thereof from the person responsible, in such manner as may be prescribed. 15. Power to order works. (1) Notwithstanding anythmg contained in any law for the time being in force, it shall be lawful for the Authority to order any work or - improvement on apublic road, as it considers necessary, to secure safety on such roads and each concemed Government department or the local authority or any other authority shall be bound to carryout such works or improvement withn such time, as may be specified by the Authority: Provided that no order under this sub-section shall be issued in respect of any highway declared as such under, except with the prior consultation of the highway authority of the respective area appointed under the said Act. Provided further that it shall not be issued in respect of the roads under the control of the Local Self Government Institutions witbout prior consultation with the respective Local Self Government. (2) It shaU be the duty of every officer of the Government, local authority or any other authority to act in aid of the Authority in enforcing the orders under sub-section (1). 16. Power to recover cost. If any person on whom awritten order is servedunder section 14 rehses or fails to comply with the order, the Authority may take such action as to prevent danger and ensure safety to the public and may recover the cost with legitimate interest thereof fiom such person. 17. Amount recoverable as area of land revenue. Any amount due to the Authority under this Act shall, without prejudice to any other mode of recovery, be recoverable in the same manner as an arrear of revenue due on land. 18. Delegation. The Authority may, with the previous approval of the Government, delegate to the Executive Committee, Road Safetv Commissioner or the District Road Safety Committee such of its powers andfunctions, as it may consider necessary, for the effective implementation of the road safety programmes by general or special order, subject to such restrictions as it deems fit. 19. District Road Safety Committee. (1) The Government may, by notification in the Gazette, constitute a Committee to be called "the District Road Safety Committee" in every district in the State. (2) Every District Road Safety Committee shall consist of the following members, namely:- (a) The Deputy Commissioner, Ex-officio who shall be the Chairman of the Committee. (b) The District Superintendent ofPolice-ex-officio; (c) The Executive Engineer (Roads and Bridges)-ex-officio; (d) The Executive Engineer (National Highways)-ex-officio; and (e) The Regional Transport OfficerIDistrict Transport Officer having jurisdiction over the head quarters of the District-ex-oficio; who shall be the Member Secretary of the Council; (f) An expert in the field ofroad safety nominated by the Government. (3) The District Road Safety Comnuttee shall exercise such powers and perfom such functions, as the Authority may, from time to time, delegate. 20. Staff. (1) The Authority may, with prior approval of the Government, appoint such officers and staff as it deems necessary for the discharge of its functions under this Act. (2) The designation, method of appointment andother conditions of service of the staff shall be such, as may be prescribed. 21. Expenses. All expenses of administration of the Fund including the salary and allowances of the staff and other employees shall be met from the Fund. 22. Accounts. The accounts of the Fund shall be maintained by the Road Safety Commissioner in such manner, as may be prescribed. 23. District Road Safety Committee to submit reports, etc. Every District Road Safetv Committee shall submit such reoort and returns and furnish such information to the Road Safety Commissioner, as may be required fiom time to time, and the Road Safety Commissioner shall submit a consolidated report to the authority, 24. Annual report. (1) The Authority shall during each financial year prepare, In such form and at such time, as may be prescribed, an annual report giving a complete account of its activities ofthe previous year and submit such report to the Government. (2) The Government shall cause every such report to be laid before the Legislative Assembly, as soonas may be, after the receipt ofthe same. 25. Audit (1) The accounts of the Authority shall be audited by Accountant General (2) The Authority may carry out internal audit of the accounts every year by suchofficials as it deems fit. (3) The accounts of the Authority, as certified by the auditor, together with the audit report thereon shall be submitted to the Government along with the remarks thereon by the Authority and the Government shall cause the same to be laid before the Legislative Assembly. (4) The Authority shall take such corrective steps as may be ordered by the Government on the basis of the report. 26. Punishment for failure to comply with the Authority's Order: (1) Whoever refused or fails to comply with any order of the Authority or the Road Safety Commissioner or any District Road Safety Committee under this Act, shall be punishable with imprisonment for a term of six months or with fine which may extend to five thousand rupees or with both. (2) In the case of continuing offence a fine of one thousand rupees shall be imposed for each day for which the offence continues. 27. Punishment for obstructing theAuthorily. Whoever obstructstheAuthority, the Road Safety Commissioner, District Road Safety Committee or any officer of the Authority or of the District Road Safety Committee or any person employed or engaged by theminthe discharge ofthe functions under this Act, shall be punishable withimprisonment foratermofmximumtbree yearsorwithfinewhichimy extend to five thousand rupees or with both. 28. Compounding of offences: Any offence punishable under section 26 may either before or after the institution of prosecution, be compounded by such off~cers or authorities and for such amount as the Government may, by notification in the Gazette, specify in this behalf. 29. Offences by Companies: If an offence punishable under this Act is committed at any time by a company, every person who is in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence and the company shall be deemed to be responsible forthe offence and shall be liable to be prosecuted against and punished accordmgly: Provided that whereany offence under this Act has beencommitted by acompany and it is proved that the commission of the offence is with the consent and comivance attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officer shall be deemed to be responsible for that offence and shall be liable to be prosecuted against and punished accordingly. Explanation:- For the purpose of this section;- (a) " Company' means anybody corporate and includes a firm or other association of individuals; and (b) Director' in relation to a firm means the partner in the iirm. 30. Damage to Public Property: (1) Where public property damage has resulted from an accident arising out of the use of motor vehicle or motor vehicles, the owner ofthe vehicle shd~l, or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation to the actual value ofthe damagedpublic property as assessed by the public authority. (2) The accident vehicle shall not be released to the owner until the compensation amount so h e d under sub section (1) is mhz.ed and the no objection certificate is issued by the concerned public authority. (3) The Government shall constitute PublicAuthority for eachdistrict which shall assess the damage to Public Property. Appeal: ( I ) Any person aggrieved by an order passed by any officer of the Authority or ofthe District Road Safety Committee under this Act may, within such time as may be prescribed, appeal to the single member Appellate Authority who is holding the post not below the rank of District Judge or held the post as such, as may be appointed by Government in this behalf. (2) every appeal preferred under sub-section (1) shall be accompanied by such fees, as may be prescribed. (3) Afler the receipt of any appeal under sub-section (I), the Appellate Authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. 32. Revision: The Government may, so motu or on application made to it by the . . aggrieved person, call for the records of any case in which an order has been passed by the Authority or by a District Road Safety Committee and if it appears to the Government, that the order is improper or illegal, after giving an opportunity of being heard to the concerned, the Government may pass such order as it deems fit. 33. Members and employees oftheAuthority to be public servants: AU members and employees oftheAuthority while acting orpurportingto act under the provisions of this Act or any rules made thereunder shall be deemed to be public servants within the meaning of section 2 1 of the Indian Penal Code, 1860 (Central Act 45 of 1860). 34. Protection of action taken in good faith: No suit, prosecution of order legal proceeding shall lie againstthe Government or Authority or any officer of the Government or any member or other employees of the Authority for anything, which is done in good faith or purported to be done under or in pursuance of this Act or the rules made thereunder. 35. Cognizance of offences and Trial: No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence submitted with the prior permission of the Road Safety Commissioner. 36. Bar of jurisdiction of Civil Courts: No Civil Court shall havejurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settle, decided or dealt with or to be determined by the Government or the Authority or any officer authorized by the Government or the Authority. 37. Power to give direction: The Government may give directions to the authority in the matter of policy of the Authority and the Authority shall be bound to give effect to such directions. 38. Power to make rules: (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act, (2) in particular and without prejudice to the generality ofthe fore-going power, such rules may provide for all or any of the following maters, namely, 1. Functions to be performed by the Authority: 2. The manner and time for collection of cess under section 10: 3. ?'he manner in which the Fund shall be administered by the Authority. 4. Thepurposesfor which the Fund shall be utilized: 5. The designatLon, method of appoinment and other conditions of service of the officers and staff of the Authority: 6. The manner in which the accounts ofthe Fund to be maintained by the Road Safety Commissioner under xction22: 7. The from and time for preparation of annual report under section 24: 8. The time and fee for filing appeal under section 30: 9. Any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days, &ch may be comprised is one sessionor in two successive sessions and if, before the expiry ofthe sessionin which it is laid or the sessionimmediately following, theLegislative Assembly makes any modification in the rules or decides that the rule should not bemade, 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 under that rule. 39. Regulation: The Authority may make regulations with the prior approt a! of the Government inrespect ofthe procedure to be adopted by the Authoritj.. Executive ~ommittee and the ~istrict Road safety ~omnlittee, f o ~ meetings and dispcsal of matters coming up before the Authority or the Executive Committee or the Dis'sict Road Safety Committee., as the case may be. 40. Removal of diff~cultie (1) If any di5culty arises in giving effect to the provisions ofthis Act, the Government may, as occasion may req~iie, by order, do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty: Provided that, no such order shall be issued after two years from the date of commencement of this Act. (2) Every order issued under this section shall be laid before the Legislative Assembly.