BIHAR ROAD SAFETY FUND RULES, 2018

PREAMBLE

In exercise of the powers conferred by Section 135, 212 and Section 215 of the Motor Vehicles Act, 1988, (Act No 59 of 1988), the Government of Bihar has published the draft Bihar Road Safety Fund Rules, 2018 vide notification no-2156 dated 28-03-2018 of the Transport Department through G.S.R. No-284 dated 28th March, 2018 inviting objections and suggestions from all the persons likely to be affected by it before the expiry of the period of fifteen days from the date on which copies of the Gazette containing the said notification were made available to the general public;

Whereas, copies of the said Gazette notification were made available to the general public on 28th March, 2018;

And whereas, no objections and suggestions have been received from the public in respect of the said draft rules;

Now, therefore, in exercise of the power conferred by the section 135, 212 and section 215 of the Motor Vehicle Acts, 1988, (Act No 59, 1988), the State Government hereby makes the following rules namely --

Rule 1.      (1) These Rules may be called The Bihar Road Safety Fund Rules, 2018.

(2) ???It shall extend to the whole of the State of Bihar.

(3) ???They shall come into force on the date of their final publication in the Official Gazette.

Rule 2. Definitions.--

In these rules, unless otherwise requires in the context--

(a)      "Cess" means the cess levied under Bihar Motor Vehicles Taxation Act, 1994;

(b)      "Chairman" means Chairman as defined in The Bihar Road Safety Council Rules, 2018;

(c)      "Compounding Fee" means the fee collected under section 200 of the Motor Vehicles Act, 1988;

(d)      "Council" means 'The State Road Safety Council' constituted under Section 215 of the Motor Vehicles Act, 1988;

(e)      "Executive Committee" means Executive Committee as defined in Bihar Road Safety Council Rules, 2018;

(f)       "Fine" means fine imposed under Bihar Motor Vehicles Taxation Act, 1994 (as amended from time to time);

(g)      "Fund" means the Bihar Road Safety Fund constituted under the Bihar Motor Vehicles Taxation Act, 1994, (as amended from time to time);

(h)     "Lead Agency" means Lead Agency as defined in Bihar Road Safety Council Rules, 2018;

(i)       "Year" means the Financial Year;

(j)       Words and expressions used, but not defined in these rules, shall have the meanings respectively assigned to them in the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Central Motor Vehicle Rules 1989, the Bihar Motor Vehicles Rules, 1992 and the Bihar Motor Vehicle Taxation Act, 1994, and the rules made there under and Bihar Road Safety Council Rules, 2018 etc.

Rule 3. Establishment and Management of Bihar Road Safety Fund.--

(a)      There shall be a Fund to be called as "Bihar Road Safety Fund".

(b)      This Fund shall be non-lapsable.

(c)      This fund shall vest in and be administered by the Bihar Road Safety Council.

(d)      The Council, the Executive Committee, Principal Secretary/ Secretary Transport Department and Member Secretary of the Council with the help of Lead Agency shall be responsible for the proper management of the Fund.

(e)      The amount appropriated under Section 6A and 6B of Bihar Motor Vehicles Taxation (Amendment) Act, 2016 shall be credited to the Fund.

(f)       All amounts to be credited to the fund shall be deposited in the receipt Budget-Head.

(g)      An account for the fund shall be opened in the same bank as the receipt of other taxes levied under this Act or in such other bank as the State Government may, by notification, specify.

(h)     This account shall be operated by the joint signatures of Principal Secretary/Secretary of the Transport Department and the State Transport Commissioner.

(i)       The Member Secretary of the Council shall be the Drawing and Disbursing Officer for the purpose of the Fund.

(j)       The Council may sub-allot a part of the Bihar Road Safety Fund to the District Road Safety Committees and Stakeholder Departments for scheme and contingent office expenditures.

Rule 4. Establishment and Management of District Road Safety Fund.--

(a)      An account for the District Road Safety Fund shall be opened in the same bank as the receipt of other taxes levied under this Act or in such other bank as the State Government may, by notification, specify.

(b)      This account shall be operated by the joint signatures of the Chairman (Collector of the District) and Member Secretary of the District Road Safety Committee.

(c)      This fund shall be utilised for the schemes sanctioned by the Bihar Road Safety Council.

(d)      The Member Secretary of the District Road Safety Committee shall be the Drawing and Disbursing Officer of the Fund.

Rule 5. Procedure for categorisation, submission and sanction of the schemes.--

(a)      Request for financial assistance along with the estimates of the schemes shall be sent by the concerned departments through the designated Coordination Committees of the Lead Agencies or the District Road Safety Committee to the Secretary of the Council.

(b)      All such estimates of the schemes received so, shall be collected by the Lead Agency for proper arrangement and prioritisation.

(c)      The Lead Agency shall scrutinise the list of the schemes into four categories--

(i)       Estimates amounting to Rupees 25 lacs.

(ii)      Estimates amounting above Rupees 25 lacs to 5 Crores.

(iii)     Estimates amounting above Rupees 5 Crores to 10 Crores.

(iv)    Estimates amounting above Rupees 10 Crores.

(d)      The Lead Agency shall place the list of schemes falling under category (c)(i), as mentioned above, before the Executive Committee for its sanction. The list of such sanctioned schemes shall be sent to all concern for information.

(e)      The Lead Agency shall place the list of schemes falling under category (c)(ii), as mentioned above, before the Principal Secretary/Secretary of the Transport Department for its sanction. The list of such sanctioned schemes shall be sent to all concern for information.

(f)       The Lead Agency shall place the list of schemes falling under category (c)(iii), as mentioned above, before the Chief Executive Officer of the Executive Committee of the Council, for its sanction through the Secretary of the Council cum the Principal Secretary/Secretary of the Transport Department. The list of such sanctioned schemes shall be sent to all concern for information.

(g)      The Lead Agency shall place the list of schemes falling under category (c)(iv), as mentioned above, before the Chairman of the Council for its sanction through the Secretary of the Council, cum the Principal Secretary/Secretary of the Transport Department and the Chief Executive Officer of the Executive Committee of the Council. The list of such sanctioned schemes shall be sent to all concern for information.

(h)     For the implementation of schemes sanctioned under sub rule (d), (e), (f) and (g) of rule 5 the Lead Agency shall notify all the schemes and disburse the fund to the concerned stake holder departments/District Road Safety Committee.

(i)       The Lead Agency shall place the list and progress report of all such sanctioned schemes in the forthcoming meeting of the Bihar Road Safety Council.

(j)       All stakeholder departments shall start the work immediately and send utilisation certificate and completion report within the stipulated time to the Lead Agency. The Lead Agency shall place such report before the Executive Committee.

Rule 6. Utilisation of the Fund.--

(1)     The Fund shall be utilized for all or any of the following purposes--

(a)      Road safety programmes;

(b)      Infrastructure development for Road Safety;

(c)      Development of Driving Schools/Driving Training Institutes/Inspection and Certification centres;

(d)      Development of Driving Testing Stations;

(e)      Awareness programmes and information and communication technology (ICT) in respect of road safety;

(f)       Purchases of instruments connected with road safety;

(g)      Studies and research on approved projects regarding road safety;

(h)     Providing fund for availing the services of educational community, experts, thinkers, experience professionals etc;

(i)       Providing special allowances to government officers and staff working under Lead Agency;

(j)       Funding of training programmes and exposure visits regarding road safety;

(k)      Trauma Care Programmes and related activities;

(l)       Development/ up gradation of road side trauma care facilities;

(m)    Formation of Quick Response Teams for helping the road accidents victims in the Golden Hour;

(n)     Rectification of black spots;

(o)      Salary and allowances of the contractual staffs and ad-hoc employees;

(p)      Such other expenditure incidental to road safety as the State Government and the State Road Safety Council may deem fit;

(q)      All expenses of contingent and administrative nature related to Road Safety;

(r)      Any other purposes for the furtherance of Road Safety as may be decided by the Government and Council;

Rule 7. Role and Responsibilities of stakeholders Departments.--

Such stakeholders departments who receive financial aid from Road Safety Fund shall be responsible for the execution and supervision of the sanctioned schemes, as per the prevalent provisions prescribed by the Government of Bihar.

Rule 8. Accounts.--

The accounts of the fund shall be maintained by the Lead Agency through the Member Secretary of the executive committee in such manner, as may be prescribed.

Rule 9. Audit.--

(1)     The accounts of income- expenditure of the Bihar Road Safety Fund shall be properly maintained by the Lead Agency at State Level and the Member Secretary of the District Road Safety Committee at the District Level. The Fund shall be audited regularly by Accountant General and Finance Department as per the provisions prescribed by the Government of Bihar.

(2)     The Lead Agency can make provisions for, internal and concurrent audit system, as per requirement.

Rule 10. Assets.--

All the assets created by the fund shall be the property of the Council.

Rule 11. Bar of jurisdiction of Civil Courts.--

No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under these rules required to be settled, decided or dealt with or to be determined by the Government or the Council or the Lead Agency.

Rule 12. Miscellaneous Clause.--

The Council, with the assistance of the Executive Committee, shall have the power to take any steps or develop any mechanism, which it deems fit, to ensure that the objectives for which the Road Safety Fund has been set up, are achieved.