Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

ifjogu foHkkx 27 vizhy 2018 ifjogu foHkkx( 4- insu lnL;A& djuk( fofu;fer djuk( djuk( esa] ;k tk;A & lnL;( & lnL;( & lnL;( & lnL;( & lnL;( & lnL;( fodflr djuk& lnL;( gS( lat; dqekj vxzoky] The 27th April 2018 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 Council Rules, 2018 vide notification no-2158 dated 28-03-2018 of the Transport Department through G.S.R. No- 285 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, the objections and suggestions received from the public in respect of the said draft rules have been considered by the State Government; 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 :-

1. (1) These Rules shall be called The Bihar Road Safety Council 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.

2. Definitions.— (1) In these Rules, unless otherwise requires in the

(a) “Chairman” means the Chairman of the State Road Safety Council or the Chairman of the ‘District Road Safety Committee’, as may be applicable;

(b) “Co-ordination Committee” means Co-ordination Committee of stakeholder departments, constituted to aid and assist the Lead Agency for implementation of the components of the road safety programs assigned to them;

(c) “Council” means the State Road Safety Council constituted under section 215 of the Motor Vehicles Act, 1988;

(d) “District” means a revenue district;

(e) “District Collector” means Collector of a revenue district;

(f) “District Road Safety Committee” means the District Road Safety Committee constituted under section 215 of the Motor Vehicles Act, 1988 and shall also be known as “Committee”;

(g) “Executive Committee” means the Executive Committee of State Road Safety Council, headed by Chief Executive Officer i.e.

Development Commissioner of Bihar and comprising of all the members enumerated in Rule 12;

(h) “Chief Executive Officer” means Chief Executive Officer of the Executive Committee i.e. Development Commissioner, Bihar;

(i) “Golden Hour” means the first hour after a traumatic injury when emergency treatment is most likely to be successful;

(j) “Government” means Government of India or Government of Bihar as the case may be;

(k) “Lead Agency” means a separate entity headed by State Transport Commissioner supported by adequate and competent full time staff drawn or deputed from the Stakeholder Departments;

(l) “Local Authority” means a Panchayat constituted under the Bihar Panchayat Raj Act, 2006, or a Municipality constituted under the Bihar Municipality Act, 2007;

(m) “Member Secretary” means Member Secretary of the Bihar State Road Safety Council i.e. the Principal Secretary/Secretary of the Transport Department or any officer either notified by a new designation or nominated by the Government for this purpose, as may be applicable, and the District Road Safety Committee i.e. the District Transport Officer or any officer nominated;

(n) “Nodal Department” means Department of Transport as notified under the Bihar Road Safety Policy, 2015;

(o) “Nodal Officer” means an Officer In-Charge of the Co-ordination Committee of the Transport Department as well as head of the Lead Agency;

(p) “Officer In-Charge” means the Officer In-Charge of Co-ordination Committee of the Stakeholder Departments functioning under the control of Lead Agency;

(q) “Public Place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;

(r) “Road Safety Cell” means a cell working under the direct control of Principal Secretary/Secretary of Transport, RCD, RWD, Education, Health, Urban Development and Housing Department and ADG (CID) to look after all the matters related to Road Safety;

(s) “Schemes” means schemes or projects framed by the stakeholder departments or agencies related to Road Safety;

(t) “Secretariat” means the Secretariat of the Bihar Road Safety Council i.e. Lead Agency located in the Transport Department, Vishweshwaraiya Bhawan, Bailey Road, Patna,-800001 or any other suitable place, notified by the Council;

(u) “Stakeholder Departments” means all such Government Departments who are engaged in the work of Road Safety;

(v) “Stakeholder Agencies” mean all such Non-Governmental partners who are engaged in work of Road Safety in the State;

(2) Words and expressions used, but not defined in these rules, shall have the same meanings which are assigned to them respectively 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;

3. Constitution of the Bihar Road Safety Council— (1) The existing State Road Safety Council constituted earlier under section 215 of the Motor Vehicle Act, 1988, vide notification no. 5576 dated 11th July 1996, shall be hereby reconstituted as per sub rule (5) of this Rule.

(2) The Government may, by notification in the official gazette, constitute/reconstitute, with effect from such date as may be specified therein, a Council which shall be called “The Bihar State Road Safety Council”.

(3) The Council shall be an autonomous body by the name aforesaid, having perpetual succession and a common seal, with powers, subject to the provisions of these rules, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract and shall by the said name sue and be sued.

(4) The Bihar State Road Safety Council shall consist of the members, as enumerated in Rule 4 and 5 below.

1. Minister, Transport Department, Government of Bihar - Chairman;

2. Development Commissioner, Bihar - Chief Executive Officer;

3. Principal Secretary/Secretary, Home Department - Member;

4. Principal Secretary/Secretary, Health Department - Member;

5. Principal Secretary/Secretary, Education Department - Member;

6. Principal Secretary/Secretary, Department of Transport - Member Secretary;

7. Principal Secretary/Secretary, Urban Development and Housing Department - Member;

8. Principal Secretary/Secretary Road Construction Department (RCD) - Member;

9. Principal Secretary/Secretary, Rural Works Department - Member;

10. Principal Secretary/Secretary, Prohibition, Excise and Registration Department - Member;

11. Principal Secretary/Secretary, Disaster Management Department, Bihar, Patna - Member;

12. Director General of Police, Bihar Home Guard and Fire Service - Member;

13. Additional Director General/Inspector General of Police, Crime Investigation Department (CID) - Member;

14. State Transport Commissioner - Member;

15. Regional Officer of National Highway Authority of India (NHAI) - Member;

16. Officer-in-charge, Lead Agency - Member;

17. Municipal Commissioner of Patna Municipal Corporation - Member;

18. Superintendent of Police (Traffic), Patna - Member;

19. Secretary, Bihar Disaster Management Authority, Bihar, Patna - Member;

Principal Secretary/Secretary of any other department as and when, required for the furtherance of matter related to Road Safety;

5. Non-Governmental Members.—(1) Three persons who are experts in the field of road safety, to be nominated by the Government of Bihar, out of which one shall be, a woman;

(2) Two members from the registered Transport Unions to be nominated by the Government of Bihar;

(3) Two Members from NGOs/Institutions etc working in the field of Road Safety to be nominated by the Government of Bihar;

(4) The nominated members of the Council shall hold office for a period of two years from the date of nomination and they may be nominated for one more term.

6. Cessation of membership of the Council.— A member of the Council will cease to be a member if

(1) he expires, or

(2) he resigns from the membership, or

(3) he is proven guilty of moral turpitude involving punishable offence, or

(4) he is absent without assigning reason in three consecutive meetings of the Council.

(5) the Government may remove any nominated member from the membership of the Council.

7. Power and Functions of the Council.—

(1) (i) The Council shall ensure the implementation of the Bihar Road Safety Policy 2015, Action Plans, directions issued either by the Central or State Government, by the Supreme Court Committee on Road Safety or any other authorized institutions;

(2) (i) To serve as the apex policy making body on issues of road safety in the State;

(ii) To tie up with Central/State Government for resources, both human and financial, for successful implementation of the road safety programs in the State;

(iii) To administer and regulate the Road Safety Fund according to the provisions made in the Bihar Road Safety Fund Rules;

(iv) To devise ways and means for generation of local resources in the eventuality of deficit in the financial aid from Central/State Government;

(v) To invite and accept donations, with or without conditions, in the name of the Council and to acquire any land, building and facilities for the Council, which, in the opinion of the Council, is in keeping with the aims & objectives of the road safety programs;

(vi) To appoint sub-committee(s) as and when required;

(vii) To review and supervise the work of the District Road Safety Committees;

(viii) To create necessary support structure to enable each stakeholder to play his role effectively;

(ix) To develop effective institutional arrangements and enter into agreements for availing the experiences and knowledge resource of educational community, private sector and civil society to involve experts, experienced professionals, transport associations and students for ensuring effective policy framing and compliance of road safety issues;

(x) To prescribe and enforce road safety standards and procedures;

(xi) To formulate, implement and sanction schemes, projects and programs, relating to road safety;

(xii) To develop effective mechanism co-ordinating the functions of all the agencies and Governmental stakeholder departments discharging the duties related to road safety;

(xiii) To implement road safety awareness programmes in the State;

(xiv) To sanction expenditure for the conduct of studies, projects and research on matters relating to road safety;

(xv) To sanction schemes and expenditure on matters related to emergency medical services;

(xvi) To encourage formation of rescue teams under the leadership of the Council/District Road Safety Committee for the rescue operations in the place of accidents;

(xvii) To encourage documentation and sharing of experiences of modern methods and better work mechanisms of problems resolution among departments;

(xviii) To provide assistance in strengthening of monitoring mechanism and methodology for road safety programs and encourage use of modern techniques in Data collection, analysis and flow;

(xix) To help in providing solutions to policy issues cropping up during the implementation of programs and ensure their approval from appropriate forum;

(xx) The Council will make use of any power, duties, functions and responsibilities which is consequential of and relevant to fulfilling the objectives of the Road Safety Policy.

(xxi) For Implementation of programs of Road Safety and achievements of targets in stipulated time frame, the stakeholder departments will require the services of specialised units to provide assistance in programme management, technical help, monitoring mechanism, process simplification and implementation-ease as well as innovative solutions. For this a Project Management Unit will be established in the Council. The services of domain experts, professionals and other personnel will be taken in this PMU.

(xxii) To ensure coordination and removal of difficulties among departments in implementation of programs;

(xxiii) To discharge such other functions, as may be prescribed by the Central/State Government, having regard to the objects of the road safety.

(xxiv) The Council may create its own organisational structure, service conditions and appointment procedures regarding administration, scholars, experts, technical, secretarial and other posts and in this context avail service of suitable persons with the approval of the Government.

(xxv) The council shall have power to include any department as stakeholder department, as and when required, for whole time or specified time.

(xxvi)(a)Power to order removal of causes of accidents.—

(i) Notwithstanding anything contained in any other law for the time being in force, where the Council is satisfied on complaint, report by any person or otherwise that-

(ii) The act of any person or persons on a public road; or

(iii) 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, hoardings, awnings, tents, pandals, poles, platforms, rostrums, statues, monuments and other similar structures, on a public road; or

(iv) The movement of animals or vehicles on a public road; or

(v) The condition of any tree, structure or building situated in the vicinity of a public road; or

(vi) The entry or exit of any building or premise in the vicinity of a public road is likely to cause accidents or causes obstruction to the free flow of traffic or distract the attention or obstruct the vision of the driver of any vehicle, the Council may, after recording reasons thereof, direct the person concerned, either by a general or special order to be communicated by the Lead Agency, to take such measures within two months as it considers necessary and such person shall be bound to comply with the direction within such time, as may be specified by the Council.

(vii) Notwithstanding anything contained in sub-rule (i) of

Rule 7 (a), in case of urgency, the Council 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 accordance with law.

(b) Power to order works.—

(i) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Council to order any work or improvement on a public road, as it considers necessary, to secure safety on such roads and each concerned Government department or the local authority or any other authority shall be bound to carry out such works or improvement within such time, as case may be.

Provided that no order under this sub-section shall be issued in respect of any National Highway, except with the prior consultation of the Highway Authority of the respective area under whose control that NH exists.

Provided further that no order under this section shall be issued in respect of the State Highways/Major District Roads or Rural Roads under the control of Road Construction Department/Rural Works Department or the Local Self Government Institutions without prior consultation with the respective authorities.

(ii) It shall be the duty of every officer of the Government, local authority or any other authority to act in aid of the Council in enforcing the orders under sub-rule (b) (i) of Rule 7.

(c) Power to recover cost.— If any person on whom a written order is served under sub rule (a) of Rule 7 refuses or fails to comply with the order, the Council through Lead Agency may take such action as to prevent danger and ensure safety to the public and may recover the cost with legitimate interest thereof from such person.

(d) Amounts recoverable as arrear of land revenue.—Any amount due to the Council under this rule shall, without prejudice to any other mode of recovery, be recoverable in the same manner as an arrear of revenue due on land.

8. Disposal of Business.— Every matter to be decided by the Council shall be considered and disposed off at the meetings of the Council in accordance with the decision of the majority of the members present.

9. Vacancies etc. not to invalidate proceeding of the Council.—No act or proceeding of the Council shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Council.

10. Meetings of the Council.—

(1) The Council shall meet at such time and place as may be decided by the Chairman of the Council and shall observe common rules of procedure in relation to transaction of business at the meetings;

(2) Every meeting of the Council shall be presided over by the Chairman of the Council;

(3) All the members of the Council shall attend the meeting of the Council;

(4) The Council shall meet respectively at least twice in a year; (5)(i) The notice inviting members of the Council shall be issued by Member Secretary as defined in sub rule (m) of Rule 2 (1) above.

(ii) A notice of the meeting of the Council shall be communicated to the members at least seven days prior to the date fixed for the meeting by the Member Secretary.

(iii) The quorum of every meeting of the Council will be one third of the total number of the members.

11. Power and Functions of the Chairman.—

(1) The Chairman of the Council shall preside over all the meetings of the Bihar Road Safety Council.

(2) The Chairman of the Council can call an extraordinary meeting of the Council, at anytime, for the transaction of any business, which in his opinion, is necessary to be placed before such a meeting.

(3) The Chairman may constitute Sub-Committee/Sub- Committees, for special purpose as and when required.

(4) The decision of the Chairman of the Council will be final in case of disagreement among the members of the Council.

(5) The Chairman of Council will be able to take decision on any matter which is important for fulfilling the objectives of the Road Safety. All such matters will be placed for the approval of the Council in its next meeting.

(6) He may invite any person or persons to participate in the meetings of the Council.

12. Constitution of the Executive Committee.—The Executive Committee shall comprise of the following members, namely:

(1) Development Commissioner, Bihar- Chief Executive Officer;

(8) Principal Secretary/Secretary, Urban Development and Housing Department— Member;

(9) Principal Secretary/Secretary, Disaster Management Department, Bihar, Patna—Member;

(10) Additional Director General/Inspector General (CID) of Police—Member;

(11) State Transport Commissioner—Member Secretary;

(12) Officer-in-charge of the Lead Agency–-Member;

Principal Secretary/Secretary of any other department may be called by the Chief Executive Officer as and when required for the furtherance of matter related to Road Safety;

The Chief Executive Officer may call any Member of Stakeholder Agencies as he deems necessary;

13. Power and Functions of the Executive Committee.—

(1) The Executive Committee will do all the works and discharge all such activities which are essential to fulfil the objectives enumerated in Rule- 7 above.

(2) In the meetings of the Executive Committee, there shall be thorough review of schemes and programs of each Co- ordination Committee, monitoring of achievements against pre-determined short term, medium term and long term targets; and the reports relevant shall be prepared to be presented before the Council.

(3) To decide the procedure for procurement/purchase of goods and services in consonance with the prevalent government rules and procedures and put up before the Council for approval.

(4) To make regular supervision and monitoring of the Stakeholder Departments and to take all necessary steps for timely achievement of targeted objectives of the Road Safety.

(5) Meeting of Executive Committee will be headed by the Chief Executive Officer of the Executive Committee. The Executive Committee will work under the general direction and supervision of the Chairman of the Executive Committee.

(6) The Chief Executive Officer of the Executive Committee can take decision on any work which is necessary for fulfilment of the objectives of the Road Safety. The approval of such cases will be obtained in the next meeting of the Executive Committee.

(7) In case of dissent of the members of the Executive Committee on any point, the Chief Executive Officer of the Executive Committee will take final decision.

(8) The Executive Committee will review the implementation and compliance of laid down policies and directions given by the Council from time to time.

(9) Assist the Council in framing of rules for the regulations, bye-laws and procedures of the Council and from time to time also assist in making required amendments, changes and annulments in them.

(10) Take all necessary actions for preparation of Annual Report, Annual Accounts, Financial Estimates and Audit Report and getting them approved by the Council.

(11) Take all necessary action for appointment of the auditor named for annual audit and put up for approval by the Council.

(12) Prepare the organisational structure, service conditions and appointment procedures regarding administration, scholars, experts, technical, secretarial and other posts for the Council and present it for the approval of the Council.

(13) To perform all those duties which are directed by the Council from time to time.

14. Meetings of the Executive Committee.—

(1) The Executive Committee shall meet at such time and place as may be decided by the Chief Executive Officer and shall observe common rules of procedure in relation to transaction of business at the meetings;

(2) Every meeting of the Executive Committee shall be presided over by the Chief Executive Officer of the Executive Committee;

(3) All the members of the Executive Committee shall attend the meeting of the Executive Committee;

(4) The Executive Committee shall meet at least once in two months.

(5)(i) The notice inviting members of the Executive Committee for a meeting shall include date, time and place of the meeting fixed by the Chief Executive Officer of the Executive Committee and will be issued by Member Secretary as defined in sub rule (m) of Rule 2 (1) above.

(ii) A notice of the meeting of the Executive Committee shall be communicated to the members at least seven days prior to the date fixed for the meeting by the Member Secretary.

(iii) The quorum of every meeting of the Executive Committee will be one third of the total number of the members.

15. Power and Functions of the Chief Executive Officer.—

(1) Meeting of the Executive Committee will be chaired by the Chief Executive Officer.

(2) In case of dissent of the members of the Executive Committee on any point, the decision of the Chief Executive Officer shall be final.

(3) The Chief Executive Officer may take the services of experts/technocrats to assist them, as required from time to time with approval of State Government.

(4) To review the implementation of schemes, compliance of the policies and of the directions given.

(5) The Chief Executive Officer of the Executive Committee shall supervise the routine work of the Lead Agency.

(6) The Chief Executive Officer shall have power on all those matters which are not enumerated in any rules but which are necessary for the Road Safety issues and seek approval of the Executive Committee and the Council.

(7) The Chief Executive Officer may delegate such of his power (s) as deemed necessary to Lead Agency or Member Secretary of the Council in the interest of Road Safety issues.

(8) To perform all those duties, as directed by the Government, the Council and power delegated by any rules framed under Road Safety from time to time.

16. Road Safety Cell.—

(1) There shall be a Road Safety Cell in all the stakeholder departments directly under the control of Principal Secretary/Secretary of the department and Additional Director General of Police/IG, Crime Investigation Department to look after all the matters related to issues, implementations and compliances related to Road Safety matters.

(2) Initially the following stakeholder departments shall have Road safety Cell-

(i) Home department

(iii) Educational Department

(v) Road Construction Department

(vi) Rural Works Department

(vii) Urban & Housing Development department

(viii) Crime Investigation Department The Council can add any other department if so required.

17. Functions of the Member Secretary of the Council.—

(1) Member Secretary of the Council as defined in sub rule

(m) of Rule 2 (1) shall be responsible for day to day business of the Council and Executive committee through the Lead Agency.

(2) He shall Co-ordinate the decisions of the Council, the Executive Committee, the Lead Agency and other stakeholder departments.

(3) He shall be regulator for the functions assigned under the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989 and the Bihar Motor Vehicles Rules, 1992, Bihar Motor Vehicles Taxation Act, 1994.

(4) He shall have the power to supervise all the works of Lead Agency and give necessary directions.

(5) Member Secretary shall be responsible for issuing notices for the meeting of the Council and the Executive Committee.

(6) All proposals, schemes or projects shall be tabled in the Council by the Member Secretary of the Council with the prior approval of the Executive Committee.

18. Lead Agency or Secretariat of the Council.—

(1) The Lead Agency of the Council as defined in sub rule (k) & (t) of Rule 2 (1) shall also be known as the Secretariat of the Council;

(2) It shall function under the general control and supervision of the Transport Department, Government of Bihar through the Member Secretary. Lead Agency shall be supported by full time staff drawn from the department of Police, RCD, Education, Transport and Emergency Care. It may also employ staff on contractual basis with the approval of the Government through the Council;

(3) State Transport Commissioner shall be Officer In-Charge of the Lead Agency;

(4) Officer In-Charge of the Co-ordination Committees of the stake holder departments shall at the same time be the Member of the Lead Agency;

(5) Office of the Lead Agency will be situated in the Transport Department or at any place so notified by the Council.

19. Constitution of the Lead Agency.—

(1) The Lead Agency shall be a separate entity headed by State Transport Commissioner supported by adequate and competent full time staff drawn or deputed from the Department of Road Construction, Education, Health, Police and other stakeholder departments and institutions concerned with the road safety issues in the state;

(2) Lead agency shall function under the supervision of Member Secretary.

(3) Members of Lead Agency.-

(i) State Transport Commissioner shall be officer-in- charge of the Co-ordination Committee- Nodal Officer;

(ii) Officer In-Charge of the Co-ordination Committee of Police Department, (not below the rank of Additional Superintendent of Police)- Member;

(iii) Officer In-Charge of the Co-ordination Committee of Health Department, (not below the rank of the Civil Surgeon)-Member;

(iv) Officer In-Charge of the Co-ordination Committee of Road Construction Department, (not below the rank of an Executive Engineer)-Member;

(v) Officer In-Charge of the Co-ordination Committee of Rural Works Department, (not below the rank of

(vi) Officer In-Charge of the Co-ordination Committee of Education Department, (not below the rank of the District Education Officer)-Member;

(vii) Officer In-Charge of the Co-ordination Committee of Urban Development and Housing Department, (not below the rank of Joint Secretary)-Member;

20. Meetings of the Lead Agency.—

(1) The Meeting of the Lead agency i.e. all the Officer In- Charges of the Co-ordination Committees will be held at least once in every month.

(2) A special meeting may be called by the Nodal Officer of the Lead Agency when necessity arises.

(3) The Nodal Officer of the Lead Agency can invite experts in the field of road safety who can contribute to the meeting.

21. Powers and Functions of the Lead Agency.—

(1) To work as a dedicated agency to Road Safety activities in the State.

(2) The Lead Agency shall be responsible for the implementation of the decisions of the Government, Council, Executive Committee and Member Secretary on road safety matters.

(3) The Lead Agency shall exercise such powers, and discharge such functions, as delegated by the Council for the implementation of road safety programs.

(4) To work as a Secretariat for the State Road Safety Council, arrange meetings of the Council, issue its minutes and monitor the implementation of the decisions of the Council by the concerned departments of the State.

(5) The Nodal Officer of the Lead Agency may take appropriate decisions on any matter, deemed important for fulfilling the objectives of the road safety programs with the prior approval of the Member Secretary of the Council.

(6) To notify annual targets for reduction of accidents and fatalities as fixed by the State and draw up an Annual Action Plan to achieve the targets and monitor its implementation.

(7) To collate on a regular basis data on road accidents and analyze the data to identify areas/roads stretches and categories of accident victims who should be focused upon.

(8) The Lead Agency shall play effective role in coordinating the road safety matters with concerned Stakeholder Departments and resolve road safety issue.

(9) To take all necessary action for preparation of annual report, annual accounts, financial estimates and audit report and getting them approved by the Council through proper channel.

(10) To manage the Road Safety Fund and ensure that the Fund is effectively utilized.

(11) The Lead Agency shall be responsible for the disbursement of the Road Safety Fund in such a manner as prescribed by the Council.

(12) To coordinate with the concerned departments of the State Government to ensure implementation of the directions issued from time to time by this Committee and furnish Compliance Report in a time bound manner.

(13) To ensure implementation of the directions given by the Central/State Government from time to time.

(14) To take all necessary action for selection of the auditor for the Annual Audit of the expenses of the Council and of the road safety Fund.

(15) To ensure the compliances of the Audit Report.

22. Responsibilities of the Co-ordination Committees.—

(1) The Co-ordination Committee of all the stakeholder departments function as a Member of the Lead Agency, shall ensure the Compliances/decision taken by their respective departments on matters related to Road Safety issues.

(2) Such action/decisions taken by their departments shall be conveyed to the Lead Agency by the Co-ordination Committee, regularly.

(3) The subject maters of the each Co-ordination Committee is broadly described below-

(a) Co-ordination Committee of Transport Department.– This Committee shall be constituted in the Transport Department, and its functions shall ensure:-

(b) Co-ordination Committee for Enforcement.—This Committee shall be constituted in the Home (Police) Department and its functions include:-

(i) Identification of Black Spots, indicating the number of fatalities spot wise, road wise, jurisdiction wise, district wise and year wise.

(ii) Development of a comprehensive road safety Information data base for State with the following elements:-

(a) A Comprehensive Road Accident Data Management System (RADMS) with means to ensuring immediate reporting of road accident cases, using standardized accident report forms, which has state wide integration and access.

(b) The RADMS should have comprehensive and easily accessible data on vehicles involved in accidents.

(c) A comprehensive database on traffic violations in the State.

(iii) Enforcement of all extant directives on road safety, including devices like helmet, seat belts, checking of use of mobile phones while driving, drunken driving, etc. as also directions from various authorities from time to time.

(iv) Modernization of all traffic management system in all major cities of Bihar.

(v) To set up the State Traffic Police Training Institute.

(vi) Publicize and enforcement of the directions issued by Government of India with regard to the protection of Good Samaritans.

(vii) Establishment of traffic management teams with representatives from stake holder departments.

(viii) To monitor and coordinate the implementation of the Traffic Aid Post Scheme i.e. coordinated communication system with other emergency services, as a means to reduce response time in an emergency.

(ix) To monitor and coordinate the deployment of heavy cranes near accident prone spots as also Crash Rescue Vehicles (CRV).

(x) To monitor and coordinate removal of encroachments from footpaths and roads with the help of concerned departments

(xi) To monitor and coordinate to make provisions for parking facilities across cities and towns of the State.

(xii) Any other role assigned by the Government/ Council.

(c) Co-ordination Committee for Emergency Care.— This Committee shall be constituted in the Health Department and its functions include monitoring and supervision of:-

(i) Up-gradation of Trauma Care facilities supported with paramedics and specialists.

(ii) Provision of Ambulances throughout the State.

(iii) Capacity building and regular training in First Aid to the people who are near the National Highways (NH), State Highways (SH) and Major District Roads (MDR).

(iv) Training of Technicians and Doctors in emergency care.

(v) Provisions made for training of heavy motor vehicle drivers in First Aid in trauma care as per Central Motor Vehicle Rules by the department.

(vi) Mock drill of emergency care undertaken by various departments.

(vii) Establishment of Blood Banks along the NH, SH etc. by the Health Department.

(viii) Up gradation of trauma care centers.

(d) Co-ordination Committee for Engineering.—This Committee shall be constituted in the RCD and shall co-opt other departments and agencies including RWD, the Bihar State Road Development Corporation and Bihar Rajya Pull Nirman Nigam Ltd. and shall supervise and monitor the following:-

(i) Establishment of a dedicated Road Safety Engineering Cell.

(ii) Establishment of Road Safety Audits (At the time of planning, design, construction, operation and maintenance) and the following:-

(a) Time Frame for completion of Road Safety Audit for the Existing State Highways;

(b) All progressive measures required to be adopted in Road Safety Audit.

(iii) Incorporation of road safety engineering at the design phase of the project including application of design standards of the Indian Road Congress.

(iv) Improving road markings & signage as well as road junctions and provision of solar lighting on roads near habitation.

(v) Adoption of traffic calming measures.

(vi) Elimination of Black Spots on SH & MDRs.

(vii) To make provision of separate roads for bicycles/ non-motorized modes/ ambulances/ pedestrians, senior citizens, physically challenged.

(viii) To make provision of lay bays for trucks/buses.

(ix) To make provision for way side amenities for long distance drivers.

(x) Establishment of Centers of Excellence– to conduct research in road safety domain.

(xi) Identification of agency to conduct accident investigation and research on road safety.

(xii) To organize trainings and workshops on road safety engineering.

(e) Co-ordination Committee for Awareness Programs.—

(i) This Committee shall be constituted in the Education Department.

(ii) Encourage and ensure inclusion of Road Safety awareness as a part of educational curriculum.

(iii) To undertake- Information Education & Communication (IEC) for creating awareness regarding Road Safety in the general public.

(iv) To give directions to all educational institutions to ensure proper implementation of the safer school bus policy.

(v) Other duties and responsibilities assigned from time to time to the Committee.

23. District Road Safety Committee.—The current District Road Safety Committee constituted earlier under Section 215 of the Motor Vehicles Act, 1988, vide notification no 5576 dated 11th July 1996 shall be reconstituted as per Rule 24 of these Rules.

(1) There shall be a District Road Safety Committee in every District.

24. Constitution of District Road Safety Committee.— Every District Road Safety Committee shall consist of the following members, namely:-

(1) The District Collector- Chairman;

(2) The District Superintendent of Police – Member;

(3) Civil Surgeon – Member;

(4) Joint Commissioner- cum- Secretary, Regional Transport Authority – Member of the District Road Safety Committees of the Region;

(5) Additional District Magistrate, Disaster Management- Member;

(6) District Transport Officer- Member Secretary of the Committee;

(7) The Executive Engineer (Road Construction Department) - Member;

(8) The Executive Engineer (Rural Works Department) – Member;

(9) Respective of National Highways Authority of India -Member;

(10) The District Education Officer- Member;

(11) The District Public Relation Officer- Member;

(12) Executive Officer of Urban Local Bodies-Member;

(13) One expert in the field of road safety:-To be nominated by the Chairman of District Road Safety Committee;

(14) One representative of transport union to be nominated by Chairman of the District Road Safety Committee;

(15) One representative of NGOs of the district, working on Road Safety to be nominated by the Chairman of the District Road Safety Committee;

25. The terms of reference of the District Road Safety Committee shall be as under:—

(1) Monitoring of road safety activities in the district.

(2) Monitoring of road accidents data.

(3) Identification and study of causes of road accidents.

(4) To provide suggestions to the National/State Road Safety Council.

(5) Reviewing and Monitoring of the work relating to identification and rectification of black spots as per protocol and all road engineering measures.

(6) Ensuring implementation of road safety standards.

(7) Create and implement road safety action plan for the district with specific targets for accident/fatality reduction.

(8) To discuss and strengthen the implementation of 4 E’s Programme i.e. Education, Enforcement, Emergency care and Engineering.

(9) Review of the speed limits and traffic calming measures.

(10) Formulation of strategies to motivate Good Samaritans in the district.

(11) Establishment of traffic park-cum-training centre at town/city and Gram Panchayat in a district.

(12) Promoting road safety campaign in the District.

(13) To discuss any other issue related to road safety.

26. Meetings of District Road Safety Committee.—

(1) The District Road Safety Committee, shall meet at such time and place as may be decided by the Chairman of the District Road Safety Committee, and shall observe common rules of procedure in relation to transaction of business at the meetings;

(2) Every meeting of the District Road Safety Committee shall be presided over by the Chairman of the District Road Safety Committee;

(3) All the members of the District Road Safety Committee shall attend the meeting of the District Road Safety Committee;

(4) The District Road Safety Committee shall meet once in three months;

(5) The notice inviting members of the District Road Safety Committee for a meeting shall include date, time and place of the meeting fixed by the Chairman of the Committee and notice will be issued by the Member Secretary of the Committee i.e. District Transport Officer or any Officer authorized for this purpose;

(6) The quorum of every meeting of the District Road Safety Committee will be one third of the total number of the members.

27. Power and the Function of the Chairman of the District Road Safety Committee.—

(1) Meeting of the District Road Safety Committee will be chaired by the Chairman.

(2) The Chairman of the Committee can call an extraordinary meeting of the Committee, at anytime, for the transaction of any business, which in his opinion, is necessary to be placed before such a meeting.

(3) In case of dissent of the members of the District Road Safety Committee on any point, the decision of the Chairman shall be final.

(4) The Chairman may take the services of the experts/ technocrats to assist Committee as required from time to time.

(5) To review the implementation of schemes, compliance of the policies and of the directions given from time to time by Council/Executive Committee.

(6) The Chairman shall supervise the routine work of the Committee through Member Secretary.

(7) The Chairman may exercise his power on all those matters which are necessary for the Road Safety issues and seek approval of the Committee.

(8) To perform all those duties, as directed by the Government, the Council and the Executive Committee.

(9) The Chairman may constitute Sub-Committees for special purpose as and when required.

28. Audit.—The account of income-expenditure of the Bihar Road Safety Council and District Road Safety Committee shall be properly maintained. The expenditure shall be audited regularly by Accountant General and Finance Department as per the Bihar Financial Rules.

29. Annual report.— (1) The Council 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 of the previous year and submit such report to the Government.

30. Power to give directions.— The State Government shall have power to give directions to the Council and the Council shall be bound to give effect to such directions.

31. Power to Amend the Rules.—The Transport Department with the Consent of the Council shall have power to amend the rules.

32. Assets.- All the assets created by the Council shall be the property of the Council and in absence of the Council the property shall be the part of Department of Transport, Government of Bihar.

33. Miscellaneous Clause.—The Bihar Road Safety Council shall be empowered to take any other steps or develop any mechanism, which it deems fit to ensure that those objectives for which it was set up, are achieved.

34. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of these Rules, the Government may, as occasion may require, by order, do anything not inconsistent with these Rules or the rules made there under, which appears to them necessary for the purpose of removing the difficulty.

35. Repeal and Savings.—

(1) The State Road Safety Council notification no-5576 dated 11- 07-1996 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken by the said Council shall be deemed to have been done or taken under these Rules.

By order of The Governor of Bihar,

SANJAY KUMAR AGARWAL,

Secretary to the Government of Bihar.

Website: http://egazette.bih.nic.in

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Motor Vehicles Act, 1988