Professional Documents
Culture Documents
Road Safety Bill
Road Safety Bill
Published by
The Secretariat for the Committee on Infrastructure
Planning Commission, Government of India
Yojana Bhawan, Parliament Street
New Delhi - 110 001
www.infrastructure.gov.in
February 2007
Contents
Preface
1. Introduction 1
2. Constitution of the Committee 2
3. Terms of Reference 2
4. Current scenario of road safety in India 3
5. Existing institutional setup for road safety in India 5
6. International Review of road safety practices 8
7. National Road Safety Policy 12
8. National Road Safety Agency for India 13
9. Relationship with the Ministry 15
10. The Board 15
11. National Road Safety Fund 19
12. Set up at the state level 20
13. Advisory Committees 21
14. The National Road Safety and Traffic Management Bill 21
15. Amendments to traffic laws 21
16. Decriminalization of Road Accidents 21
17. Insurance 22
18. Dedicated Highway Police 22
List of Appendices
Appendix 1
Organization chart for the National Road Safety Board 25
Appendix II
Order constituting the Committee 26
Appendix 1II
National Road Safety and Traffic Management Bill, 2007 28
Preface
(Gajendra Haldea)
Adviser to Deputy Chairman,
April 20, 2009 Planning Commission
1.1 Road Safety is a multi-sectoral and multi- unsafe mode of transportation. The tragedy
dimensional issue. It incorporates the behind the regularly occurring road crashes
development and management of road attracts less media attention than other, less
infrastructure, provision of safer vehicles, frequent but more unusual types of tragedies.
legislation and law enforcement, mobility The report forecasts that without any increased
planning, provision of health and hospital effort and new initiatives, the total number of
services, child safety, urban land use planning road traffic injuries and deaths worldwide would
etc. In other words, its ambit spans engineering rise by 65 per cent between 2000-2020 whereas
aspects of both, roads and vehicles on one hand in low-income and middle-income countries,
and the provision of health and hospital services deaths are expected to increase by as much as
for trauma cases (in post-crash scenario) on the 80 per cent. The majority of such deaths are at
other. Road safety is a shared, multi-sectoral, present of “vulnerable road users, pedestrians,
responsibility of the government and a range of pedal cyclists and motorcyclists”. In high-
civil society stakeholders. The success of road income countries, deaths among car occupants
safety strategies in all countries depends upon a continue to be predominant but risk per capita
broad base of support and common action from that vulnerable road users face is high. The
all stakeholders. report also underscored the concern about the
detrimental impact of an unsafe road transport
1.2 At a plenary meeting of the United system on public health and global development.
Nations General Assembly on 14th April 2004, a Obviously, the level of road deaths and injuries is
resolution co-sponsored by India expressed unacceptable and to a large extent avoidable.
grave concern about the large number of
fatalities in road crashes. The World Health 1.4 Thus, there is an urgent need to recognize
Organization also declared the year 2004 as the the worsening road safety situation in order to
Year of Road Safety and launched World take appropriate action. Road traffic injury
Health Day in April 2004 with the slogan – prevention and mitigation should be given the
“Road safety is no accident”. same attention and scale of resources that are
currently being channeled towards other
1.3 The World Report on Road Traffic Injury predominant health issues, if increasing human
Prevention1 of the World Bank and World loss and injury on the roads, with their
Health Organization (WHO) in the year 2004 devastating human impact and large economic
stated that road traffic injuries are a major but cost to society are to be avoided.
neglected global public health problem requiring
concerted efforts for effective and sustainable 1.5 According to WHO statistics (year 2002)
prevention. Of all the systems that people have about 11.8 lakh people die every year in road
to deal with on a day-to-day basis, road accidents, the world over, of which 84,674
transport is the most complex and the most deaths are reported to take place in India. In
___________________________________
1
http://www.who.int/world-health-day/2004/infomaterials/world_report/en/; accessed on 29.10.06
3.4 The issue papers referred to in Para 3.3 to be underestimated. Various studies indicate
above were presented by individual members that the actual number of injuries could be 15 to
and discussed in the subsequent meetings. This 20 times the number of deaths. The
report is based largely on the detailed discrepancies in the number of deaths and
consideration of the various papers/ injuries are a result of the application of
presentations. The Committee altogether held 11 different methodologies for the derivation of
meetings. estimates. Furthermore, these figures do not
P Provisional
Source: MoSRTH, 2006
4.3 The estimated number of deaths, serious Year No. of No. of No. of
and minor injuries for the years 2005 and 2015 deaths serious minor
injuries injuries
are provided in Table 2.
2005 1,10,300 22,06,000 77,21,000
4.4 The following figure shows the trend of 2015 1,54,600 30,92,000 1,08,22,000
road traffic fatalities in India over the past 45
100,000 population (dotted line) have been
years. It reveals that both absolute number of
increasing monotonically.
fatalities (bold line) and the fatalities per
Year
5. Existing institutional set up for Road safety efforts in the country. National Road
Safety in India Safety Council (NRSC), headed by the Union
Minister for Road Transport and Highways is
5.1 Road safety in the country is managed by the apex advisory body on road safety. It
the Government at the Central and State levels includes the Ministers in-charge of Transport in
supported by efforts of academia and the private the State Governments and various official and
sector including industry and non-governmental non-official members. The Transport
organisations (NGOs). Development Council (TDC) chaired by the
Union Minister of Transport, with the Union
5.2 Ministry of Shipping, Road Transport and Ministers of Commerce, Industry, Railways and
Highways in the Government of India is the Member in-charge of Transport in Planning
administrative ministry responsible for road Commission as members is a high level forum
5.10 The National Institute for Training of (i) Existing institutions are not fully equipped
Highway Engineers (NITHE) was established in to deal with the increasing traffic on the
1983 under the Ministry of Shipping, Road roads or to adopt the advancements
Transport and Highways, and it organizes in made in the techniques and technology
service training programmes for highway that would promote road safety;
engineers of Central/State Governments,
consultants and contractors on all areas relating (ii) responsibility for road safety is diffused
to roads and road transport, including road and there is no single agency to deal
safety. with a range of problems associated with
2
http://nhtsa.gov/nhtsa/Cfc_title49/index.html; accessed on 26.10.2006
___________________________________
3
safety.fhwa.dot.gov/safetealu/hsip_provisions.pdf: accessed on 22.05.06
4
http://www.auslink.gov.au/;accessed on 30.10.06
5
http://www.monash.edu.au/muarc/reports/papers/visionzero.html; accessed on 26.10.06
6.14 The Road Traffic Inspectorate was (i) In all the countries studied, there was a
established in 2003. Based on road safety political commitment at the highest level
targets and using a holistic perspective, its task to promote road safety;
is to observe and analyse conditions that can
(ii) no country had one agency solely
have a substantial influence on the design and
responsible for addressing all aspects of
performance of the road transport system.
road safety; efficient inter-agency and
Although managed immediately under the
inter-departmental co-ordination was found
SNRA Board, its functioning is independent of
to be a critical aspect; and
the rest of the SNRA organization. In case
where the responsibility does not rest with any (iii) agencies like NHTSA in USA and SNRA
other government agency, it initiates and in Sweden having the power and budgets
finances research on transport safety, to be
to plan and implement road safety
carried out by research institutes.
programmes, were identified as the most
United Kingdom successful models for ensuring road
safety.
6.15 The United Kingdom is also committed to
reducing mortality from road accidents by 40 6.17 It should be noted that the arrangements in
per cent of its 1998 figures by the year 2010. USA also reflect the federal character of the
Road Safety Policy at national level in England country, and provide for bringing the States on
is the responsibility of the Road and Vehicle board through a scheme of incentives and
Safety Directorate of the Department for disincentives.
Transport (DfT). DfT provides funding,
7. National Road Safety Policy
information, advice and commissions research
and provides guidance on a range of areas like What emerged from a review of international
traffic engineering, training programmes, best practices was that most countries had a
education evaluation, etc. It also makes funding stated policy to reduce road accidents, injuries
available to NGOs etc. by means of direct and fatalities, and had set themselves targets.
grants for safety schemes like demonstration India has not yet formulated a National Road
projects, etc. Road Safety Policy in Great Safety Policy. A draft National Road Safety
___________________________________
6
http://www.unece.org/trans/roadsafe/docs/A-RES-60-5e.pdf; accessed on 30.10.2006
7
http://www.who.int/gb/ebwha/pdf_files/WHA57/A57_R10-en.pdf; accessed on 30.10.2006
8.4 The Committee also noted that the 8.6 The Committee recognized that a
Committee on Infrastructure had desired that a Directorate could be established immediately
paper be brought up on setting up a nodal through an administrative notification whereas
agency for road safety in the form of a the establishment of an agency through an
Directorate of Road Safety and Traffic enabling legislation could take time. The
Management for India. Committee, however, was of the view that
notwithstanding the time that it could take it
8.5 Drawing from the International Review would be wise to go through the process of
and bearing in mind the legal and institutional legislation in order to establish an effective
framework of India, the Committee deliberated agency to promote and maintain road safety.
at length on the nature, structure and mandate The Committee further noted that the proposed
___________________________________
8
Trinca,G.W., Johnston,I.R., Campbell,B.J., Haight,F.A., Knight,P.R., MacKay,G.M., McLean,A.J., and Petrucelli,E. (1988)
Reducing Traffic Injury - A Global Challenge Royal Australasian College of Surgeons, Melbourne.
10.2 The National Road Safety and Traffic 10.4 The Board should consist of a chairperson
Management Board should be established and three to five members. Each of the
through an Act of the Parliament called the members should be responsible for one or more
‘National Road Safety and Traffic Management of the functions listed hereafter. The members
Act’ . The Act should clearly spell out the should have expertise in one of the following
objectives and functions of the Board, its areas:
structure, processes, powers and relationship
with the Ministry of Shipping, Road Transport (i) Road engineering, construction and
and Highways. It should address road safety management and traffic engineering;
issues in respect of the National Highways and
(ii) automobile engineering;
Mechanically Propelled Vehicles and make
recommendations and set guidelines on road (iii) traffic laws, operations, management and
safety on other roads. It should contain enabling enforcement, developing/implementing
provisions to set up Road Safety and Traffic strategies for influencing road user
Management Boards in the States . It should behaviour, capacity building and education
also encompass the provisions related to road in the area of road safety;
safety contained in the other relevant Acts like
the Motor Vehicles Act. The Parliament is (iv) data collection, reporting and analyses,
competent to legislate on Road Safety and accident investigation, statistics and
Traffic Management in respect of National research, finance and state relations; or
Highways and Mechanically Propelled Vehicles
as they fall in List II of Schedule VII of the (v) accident related medical care, trauma
Constitution. This Act should be administered management and rehabilitation.
by the Ministry of Shipping, Road Transport
10.5 A suitable number of directors and other
and Highway.
research staff should support members working
Policy directives in each of the above areas. The Board should,
however, be a lean and thin organization, which
10.3 Government should have the powers to as far as possible out sources its activities to
issue directives to the Board after due expert bodies like the Indian Roads Congress
consultations with the Board. Where the (IRC) or the IITs. A broad Organization Chart
government disagrees with the recommendations for the Board is provided in Appendix-I.
of the Board or issues directives, then the
reasons for the disagreement or the issue of Selection process
directives together with the views of the Board
on the issue should be made public. The 10.6 In order for the Board to enjoy adequate
Committee felt that this would provide for status and be effective in coordinating the
transparency and enhance public confidence in activities of different ministries and departments
the working of the Board and in government’s of government the Chair should have the pay
commitment to road safety. and rank of a Secretary to government, and the
(c) establish Centres of Excellence in road (b) identify/recognize NGOs working in the
area of road safety, and assist them in
safety research and education;
promoting road safety.
(d) establish the methodology for
multidisciplinary crash Investigation, data G Medical care and rehabilitation
collection, reporting and analyses;
Lay down guidelines for establishing and
(e) establish the procedure and methodology upgrading trauma care systems at all levels
including district hospitals and tertiary care
for data collection, transmission and
medical college hospitals and creating a grid of
analysis at appropriate levels and define
medical, allied medical and rehabilitation
the role of different agencies involved in
facilities to provide first aid, care during
the process; and
transportation, emergency care in the hospital
(f) maintain a comprehensive database on and rehabilitation.
road safety related matters.
H Other functions
D Traffic laws, operations and
In addition to the above functions, the Board
management
should exercise the following functions:
(a) Recommend guidelines to state
(a) Advise the Central Government on road
governments for computerizing information
safety and on the administration of the
regarding vehicle and driver licensing; and
provisions relating to safety as contained
in the Central Motor Vehicles Act 1988
(b) recommend guidelines for training, testing
and rules thereunder;
and licensing of drivers.
(ix) identify and promote road user 15. Amendments of traffic laws
behaviour strategies, capacity building
The Committee was also mandated to review
measures, public awareness and road
the existing traffic laws and suggest appropriate
safety and traffic management
amendments to the Motor Vehicles Act and
education;
other relevant acts to improve road safety in the
(x) promote efficient procedures for country. As part of the Committee’s
accident investigation, data collection, proceedings, detailed presentations on the traffic
reporting and analysis; laws and required amendments were made by
Dr. P.S. Pasricha, DG, Police, Maharashtra and
(xi) promote the provision of special Shri Ramendra Jakhu, Principal Secretary
requirements relating to women, (Transport), Haryana. The Committee noted
children, senior citizens, disabled that the Ministry was already in the process of
persons and pedestrians in matters making comprehensive amendments to the
relating to road safety and traffic Motor Vehicles Act, 1988 including
management on roads other than strengthening the provisions aimed at improving
national highways; and road safety in the country. The amendments
were at different stages of consideration. The
(xii) liaise with the National Road Safety Committee concluded that it would be
and Traffic Management Board. appropriate for the government to examine the
recommendations made by Dr.Pasricha and Shri
12.3 The powers and obligations of the State Jakhu and incorporate necessary changes in the
Boards would be similar to those of the acts and rules wherever required.
National Board.
16. Decriminalisation of Road Accidents
13. Advisory Committees
16.1 The Committee noted that traffic
There should be Advisory Committees to advise accidents were essentially registered as medico
the National Board and the State Boards on legal cases and as a result of this, the
matters of policy and approaches. This would administration of medical aid to road accident
provide for better stake holder consultation and victims was often delayed. Private hospitals
participation in the policy making process. were reluctant to accept accident victims who
Government of India
Ministry of Shipping
Road Transport & Highways Department of Road
Transport & Highways
***
No.RT-25011/1/2005-RS
New Delhi, the 23rd Nov. 2005
OFFICE MEMORANDUM
The Committee on Infrastructure (COI) headed by Hon’ble Prime Minister in its third meeting on 13th
January, 2005 had approved creation of Directorate of Road Safety and Traffic Regulation. The
scope, functions and nature of this Directorate are to be evolved and placed before the COI for
consideration.
2. It has accordingly been decided to constitute a Committee to deliberate and make
recommendations for setting up an effective and dedicated agency for road safety and traffic
regulation. The Committee will consist of the following:-
(i) Shri S. Sundar, Sr. Fellow, TERI (Former Secretary, MOST) Chairman
(ii) Dr. Dinesh Mohan, IIT Delhi Member
(iii) Dr. Varghese Mathew, Director, St. Stephens Hospital, Delhi Member
(iv) Dr. P. S. Pasricha, DG(Police), Maharashtra Member
(v) Dr. S. Gangopadhyay, Head of the Department(Traffic), Member
Central Road Research Institute, New Delhi
(vi) Shri D. P. Gupta, Former Director General Member
(Road Development) & Additional Secretary, Government of India
(vii) Dr. Geetam Tiwari, Chair, Traffic Research & Injury Member
Prevention Centre, IIT Delhi.
(viii) Shri Rohit Baluja, Institute of Road Traffic Education, New Delhi. Member
(ix) Shri P.C. Chaturvedi, Member(Administration), NHAI Member
(x) Prof. G. Gururaj, Head Epidermiology, NIMHANS, Bangalore. Member
(xi) Shri A.P. Bahadur, Chief Engineer(PIC), MoSRT&H Member
(xii) Shri Ramendra Jakhu, Principal Secretary(Transport), Member
Government of Haryana.
(xiii) Shri Jagdish Khattar, MD, Maruti Udyog Limited. Member
(xiv) A representation of Planning Commission Member
*{Shri Gajendra Haldea, Advisor to Dy. Chairman,
Planning Commission and Shri B.N.Puri, Advisor (Tpt.)}
Sd/-
(S.K. Mishra)
Director(RT)
To
All Members of the Committee as above.
Copy to:
1. P.S. to Prime Minister.
2. P.S. to Minister(S,RT&H).
3. P.S. to Deputy Chairman, Planning Commission.
4. Secretary, D/o RT&H.
5. Secretary, M/o Health & Family Welfare, Nirman Bhavan, New Delhi with a request to nominate
a representative not below the rank of Joint Secretary.
6. Secretary, Planning Commission with a request to nominate a representative not below the rank of
Joint Secretary.
7. Cabinet Secretariat (Shri Rajeev Ranjan, Director, Rashtrapati Bhavan, New Delhi.)
Sd/-
(S.K. Mishra)
Director(RT)
Copy to: Shri Ramu Gupta, US(RS&T).
*Added after the receipt of their nomination.
An Act to provide for the establishment of National and State level Road Safety and Traffic
Management Boards for the purpose of orderly development, regulation, promotion and optimization
of modern and effective road safety and traffic management systems and practices including
improved safety standards in road design, construction, operation and maintenance, and production
and maintenance of mechanically propelled vehicles and matters connected therewith or incidental
thereto.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Road Safety and Traffic Management Act, 2007.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) The Act shall be deemed to have come into effect on the appointed date to be notified by the
Central Government.
Provided that different commencement dates may be appointed for different provisions of this Act
and any reference in any such provision to the commencement of this Act shall be construed as a
reference to the coming into effect of that provision.
(4) Chapter III and other provisions of this Act relevant to the State Boards shall come into
effect in relation to each State upon the adoption thereof under Clause (1) of Article 252 of
the Constitution, on and with effect from the date of such adoption by each such State.
Definitions
(1) “adoption” shall mean adoption of Chapter III and other provisions relevant to State Boards
under the Act by a State under Clause (1) of Article 252 of the Constitution as set forth in
section 8 of the Act.
(b) with respect to Chapter III and other provisions of this Act relevant to the State Board
in relation to each State such date as the Appropriate Government may by notification
in Official Gazette appoint for said provisions of the Act to come into force and effect
upon adoption of this Bill under Clause (1) of Article 252 of the Constitution by such
State.
(3) “Appropriate Board” or “Board” means National Road Safety and Traffic Management
Board referred to in sub section (1) of section 3 or the State Road Safety and Traffic
Management Board referred to in sub section (1) of section 8, as the case may be;
(4) “Appropriate Government” means Central Government or the State Government, as the
case may be;
(7) “Mechanically Propelled Vehicle” or ‘Vehicle’ means any mechanically propelled vehicle
whether motorised or non-motorised, adapted for use upon roads whether the power of
propulsion is transmitted thereto from an internal or external source and includes trailers,
cycles and cycle rickshaws but excludes vehicles pulled by animals or humans;
(8) “National Road Safety and Traffic Management Board” or “National Board” means the
National Road Safety and Traffic Management Board referred to in sub section (1) of
section 3;
(9) “National Highways” means each of the roads declared to be a National Highway under
section 2 and other applicable provisions, if any, of the National Highways Act, 1956 and
includes any expressway or express highway vested in the Central Government;
(11) “roads” means all roads including National Highways, state highways, district roads, village
roads and urban roads which are open as public roads to Mechanically Propelled Vehicles
and includes bridges, flyovers, overbridges and underbridges, but excludes all private roads
and roads that fall in cantonment areas;
(13) “State Road Safety and Traffic Management Board” or “State Board” means the State
Road Safety and Traffic Management Board referred to in sub section (1) of section 8;
(14) “vehicle other than Mechanically Propelled Vehicle” means all vehicles not being Mechanically
Propelled Vehicles and includes carts drawn by animals or humans.
3. (1) With effect from such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, there shall be constituted, for the purposes of this Act, a Board to be called
the National Road Safety and Traffic Management Board.
(2) The National 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, to acquire, hold and
dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be
sued.
(b) not less than three but not more than five members,
and shall be appointed by the Central Government on the recommendation of the Selection Committee
constituted under section 5.
(4) The head office of the National Board and its regional offices shall be at such places as the
Central Government may by notification specify.
4. (1) The Central Government shall appoint the Chairperson and other members of the National
Board from amongst persons of eminence in the fields of road safety, traffic management, transportation
management, automobile engineering, road design, engineering or construction, law, administration, finance,
medical care and rehabilitation or consumer affairs in the following manner namely: -
(a) The Chairperson shall be a person who has special knowledge and professional experience
of not less than 10 years relating to road safety and has expertise in the field of urban or
rural transport planning, road safety, traffic management, road design, engineering or
construction, automobile technology, law, health, commerce, administration, finance or
consumer affairs.
(b) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of roads design, engineering or construction.
(c) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of automobile engineering or technology.
(e) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of traffic management, road user behaviour strategies or road
safety education.
(f) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of trauma care and rehabilitation.
Provided that the qualifications of the Chairperson shall not be taken into consideration for the purposes
of clauses (b) to (f) above.
5. The Central Government shall, for the purposes of selecting the Chairperson and members of the
National Board, constitute a Selection Committee consisting of -
(iii) Secretary to the Government of India, Department of Road Transport and Highways -
Member;
(iv) Director General, Council of Scientific and Industrial Research (CSIR) - Member; and
6. (1) The National Board shall, in relation to road safety and traffic management, have the following
powers and functions, namely:
(a) specify minimum design, construction, operation and maintenance standards for National
Highways;
(b) specify minimum standards for establishing and operating trauma facilities and para-medical
facilities for dealing with traffic related injuries on National Highways;
(c) conduct or cause to be conducted safety audits to monitor compliance with the standards
specified by it;
(d) make recommendations or issue guidelines relating to design, construction, operation and
maintenance standards for roads other than National Highways; and
(a) specify the minimum safety requirements and standards for the design and manufacture of
Mechanically Propelled Vehicles;
(b) specify the minimum conditions for safe usage of Mechanically Propelled Vehicles including
but not limited to specifying the maximum load bearing and capacity limits;
(c) conduct or cause to be conducted safety audits to monitor compliance with the standards
specified by it;
(d) specify safety standards for Vehicular traffic on various types of roads including but not
limited to schemes for segregation of various classes of Vehicles in separate speed lanes
and their right of way;
(e) aid and advise the Central Government in determining the changes, if any, required to any
rules and regulations for training, testing and licensing of drivers of Mechanically Propelled
Vehicles; and
(f) aid and advise the Central Government in matters relating to or arising out of traffic
management of mechanically propelled vehicles for the purposes of ensuring road safety.
(3) Without prejudice to the provisions of sub sections (1) and (2) above, the National Board shall
have the following additional powers and functions, namely:
(a) conduct or cause to be conducted research in different spheres of road safety and traffic
management and publish the findings thereof;
(b) establish the procedure and methodology for data collection, transmission and analysis at
appropriate levels, and define the role of different agencies within the jurisdiction of National
Board involved in the process;
(d) make recommendations or issue guidelines relating to safety features for vehicles other
than Mechanically Propelled Vehicles and for safe operating conditions for such vehicles;
(e) make recommendations or issue guidelines for building capacity and skills in the traffic
police, hospitals, highway authorities, educational and research organisations and other
organisations dealing with road safety and traffic management;
(f) promote best practices in road safety and traffic management, undertake road safety and
traffic education programs, and conduct campaigns to create awareness amongst all
(g) recognise non-government organisations working in the area of road safety and traffic
management, and assist them in promotion of efficient traffic management and road safety;
(h) provide for the special requirements of women, children, senior citizens, disabled persons
and pedestrians when making regulations or recommendations or when issuing guidelines
relating to road safety and traffic management;
(i) advise the Central Government on administration of the provisions relating to safety as
contained in chapters II, IV, V, VII, VIII and XIII of the Central Motor Vehicles Act 1988
and the rules made there under;
(j) provide technical assistance and guidance to the State Road Safety and Traffic Management
Boards with a view to promoting uniform road safety and traffic management systems and
practices throughout the country;
(k) enter into agreements with the state governments and/ or State Road Safety and Traffic
Management Boards on behalf of the Central Government for the promotion of road safety
and efficient traffic management; and
(l) liaise with other agencies such as education boards and institutions, Director-General of
health services and non-governmental organisations in matters relating to road safety and
traffic management.
(4) Nothing contained in sub sections (1), (2) and (3) of this section 6 shall be construed or
interpreted as conferring on the National Board powers, functions and jurisdiction in respect of matters
relating to public order, roads other than National Highways and vehicles other than Mechanically Propelled
Vehicles.
(5) The National Board may by a special or general resolution delegate to the Chairperson or any
other member of the National Board or to any officer of the National Board, subject to such conditions
and limitations, if any, as may be stipulated, such of its powers and functions under this Act (except
powers under sub section (3) of this section 6 and section 37 as it may deem necessary.
(6) The National Board shall exercise its powers and discharge its functions in a transparent
manner.
7. In respect of all or any of the matters referred to in section 6, the National Board shall have the
following powers, namely:
(a) (i) The National Board may serve or cause to be served on any agency, governmental or
non-governmental, a notice requiring it to furnish such information as may be stated
therein.
(iii) The notice referred to herein may be served by post or such other means as may be
specified.
(b) Subject to clause (a) above, the National Board or any person authorised by it in writing in
this behalf shall have access to any relevant record or document in the possession of any
person required to furnish any information under this Act and may for the said purpose
enter at any reasonable time any premises where he believes such record or document is
kept and may inspect or take copies of relevant records or documents or ask any question
necessary for obtaining any information required to be furnished under this Act.
8. (1) A State may adopt this Act under Clause (1) of Article 252 of the Constitution and upon such
adoption, this Chapter with other provisions of the Act relevant to State Boards shall come into force and
effect in relation to such State and the State Government relevant to such State shall upon such adoption
constitute for the purposes of this Act, a Board for the State to be known as the (name of the State) Road
Safety and Traffic Management Board. Upon adoption pursuant to this section, the expression Appropriate
Government wherever referred to in the Act shall in the context of the State Board mean the relevant
State Government.
(2) The State 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, to acquire, hold and dispose of
property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The State Board shall consist of a Chairperson and two other members to be appointed by the
Appropriate Government on the recommendation of the Selection Committee constituted under
section 10.
(4) The head office of the State Board shall be at the State Capital and its branch offices at such
other places within the State as the State Government may deem necessary and by notification specify.
(5) The Chairperson and the members of the State Board shall be appointed by the State
Government on the recommendation of the Selection Committee referred to in section 10.
9. (1) The Chairperson and other members of the State Board shall be persons of ability, integrity
and standing chosen from amongst persons of eminence in the fields of road safety, traffic management,
transportation management, automobile engineering, road design, engineering or construction, law,
administration, finance, medical care and rehabilitation or consumer affairs in the following manner
namely:
(a) The Chairperson shall be a person who has special knowledge and professional experience
of not less than 10 years relating to road safety and has expertise in the field of urban or
rural transport planning, road safety, traffic management, road design, engineering or
construction, health, law, commerce, administration, finance or consumer affairs.
(b) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of road design, engineering or construction.
(d) Not more than one member shall be a person who has qualification and experience of not
less than 7 years in the field of traffic management, developing road user behaviour strategies,
road safety education, or trauma care and rehabilitation.
10. The State Government shall, for the purposes of selecting the Chairperson and members of the
Board, constitute a Selection Committee consisting of -
(iv) Nominee of the National Road Safety and Traffic Management Board - Member; and
11. (1) Subject to the provisions of the Act, the State Board shall in relation to road safety and traffic
management on roads other than National Highways situate within the relevant State have the following
powers and functions, namely:
(a) aid and advise the State Government, on matters relating to or arising out of road safety
and traffic management in the State;
(b) coordinate road safety and traffic management functions and implementation of measures
relating thereto with the State level agencies and departments involved in road safety and
traffic management for the purposes of this Act;
(c) specify minimum design, construction, operation and maintenance standards for roads
other than National Highways with due regard to the recommendations or guidelines of
the National Board;
(d) specify minimum standards for establishing and operating trauma facilities and para-medical
facilities for dealing with traffic related injuries on all roads other than National Highways;
(e) conduct or cause to be conducted safety audits to monitor compliance with the standards
(f) specify minimum safety requirements and standards for the design and manufacture of
vehicles other than Mechanically Propelled Vehicles with due regard to the
recommendations or guidelines of the National Board;
(g) recommend measures for enquiry into and redressal of complaints and grievances relating
to road safety and traffic management;
(h) upon request of the National Board, conduct or cause to be conducted surveys and audits
to monitor compliance with laws relating to road safety and traffic management and the
adherence to standards, procedures and guidelines specified or issued by the National
Board under this Act, and report the results of such surveys or audits to the National
Board;
(i) identify and promote road user behavior strategies, capacity building measures, public
awareness and road safety and traffic management education;
(j) promote efficient procedures for accident investigation, data collection, reporting and
analysis, in relation to matters falling within its jurisdiction; and
(k) promote the provision of special requirements relating to women, children, senior citizens,
disabled persons and pedestrians in matters relating to road safety and traffic management
on roads other than national highways.
(2) The State Board may by a special or general resolution delegate to the Chairperson or any
other member of the State Board or to any officer of the State Board, subject to such conditions and
limitations, if any, as may be specified in the order such of its powers and functions under this Act as it
may deem necessary.
(3) The State Board shall exercise its powers and discharge its functions in a transparent manner.
(4) In exercise of its powers and discharge of its functions, the State Board shall conform to the
regulations made by the National Board under this Act and shall have due regard for the guidelines issued
by the National Board.
12. In respect of all or any of the matters referred to in section 11, the State Board shall have the
following powers namely:
(a) (i) The State Board may serve or cause to be served on any agency, governmental or
non-governmental, a notice requiring it to furnish such information as may be stated
therein.
(iii) The notice referred to herein may be served by post or such other means as may be
specified.
(b) Subject to Clause (a) above, the State Board or any person authorised by it in writing in
this behalf shall have access to any relevant record or document in the possession of any
person required to furnish any information under this Act and may for the said purpose
enter at any reasonable time any premises where he believes such record or document is
kept and may inspect or take copies of relevant records or documents or ask any question
necessary for obtaining any information required to be furnished under this Act.
13. (1) Before appointing any person as the Chairperson or other member, the Appropriate
Government shall satisfy itself that such person does not have any financial or other interest which is
likely to affect prejudicially his functions as Chairperson or such other member.
(2) The Chairperson shall be given a rank equivalent to a Secretary to the Appropriate
Government, and the members of an Additional Secretary to the Appropriate Government.
(3) The Chairperson and other members shall hold office for a term of four years from the
date on which they enter upon their offices or until they attain the age of sixty five years, whichever is
earlier:
Provided that the Chairperson and other members shall be eligible for re-appointment for another
term subject to the said age limit.
(4) The salary and allowances payable to and the other terms and conditions of service of the
Chairperson and the other members shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of
the Chairperson or other member shall be varied to his disadvantage after appointment.
(5) The Chairperson or other member may resign from his office by giving notice thereof in
writing to the Appropriate Government and on such resignation being accepted, the Chairperson or
such other member shall be deemed to have vacated his office.
(6) The Chairperson or any other member, upon ceasing to hold office as such, shall not
accept any commercial employment for a period of one year from the date he ceases to hold such
office.
Explanation - For the purposes of this section, “commercial employment” means employment in
any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial
business and includes also a director of a company or partner of a firm or setting up practice either
independently or as partner of a firm or as an advisor or a consultant in the field of road design,
engineering or construction, traffic management, automobile industry, transport and road safety
equipment manufacturing.
Power of Chairperson
14. (1) The Chairperson of the Appropriate Board shall have the powers of general
superintendence and control in the conduct of the affairs of the Board and shall, in addition to presiding
15. (1) No member, including Chairperson, shall be suspended or removed from office except in
accordance with the provisions of this section.
(2) The Appropriate Government may remove from office the Chairperson or any member, if
he-
(b) has been convicted of an offence which, in the opinion of the Appropriate Government,
involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his
functions as a member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest;
(f) has consistently failed to discharge his duties or has been absent from the meetings of
the Board for a continuous period of six months.
Provided that no Chairperson or other member shall be removed from office under clause (d),
clause (e) or clause (f) unless the Appropriate Government, after holding an inquiry by any person
appointed or authority constituted for the purpose and as per the procedure as may be prescribed in
this behalf, is satisfied that such person ought on such ground or grounds be removed.
(3) In the event of inquiry instituted under sub section (2) above, the Appropriate Government
may, suspend such Chairperson or other member against whom inquiry has been instituted for a period
not exceeding six months if the Appropriate Government deems it necessary in public interest.
16. (1) The Board shall meet at such times and places, and shall observe such procedure in regard
to the transaction of business at its meetings (including the quorum at such meetings) as may be
provided by regulations provided that the Board shall meet at least once every month.
(2) The Chairperson or, if he is unable to attend a meeting of the Board, the senior-most
member present, reckoned from the date of appointment to the Board shall preside at such meeting:
Provided that in case of common date of appointment of members, the member senior in age
(3) All questions which come up before any meeting of the Board shall be decided by a
majority of the members present and voting, and in the event of an equality of votes, the Chairperson
or in his absence, the person presiding shall have a second or casting vote.
(4) All orders and decisions of the Board shall be authenticated by the Secretary or any other
officer of the Board duly authorised by the Board in this behalf.
(a) any vacancy in, or any defect in the constitution of, the Board; or
(b) any defect in the appointment of a person acting as a member of the Board; or
(c) any irregularity in the procedure of the Board not affecting the merits of the case.
18. (1) The Appropriate Government may, in consultation with the Board, appoint a Secretary to
exercise and perform such powers and duties under the control of the Chairperson as may be
specified:
Provided that no such consultation shall be necessary for appointment of the first Secretary of
the Board.
(2) The Board may, with the approval of the Appropriate Government, determine the number,
nature and categories of other officers and employees required to assist the Board in the efficient
discharge of its functions.
(3) The salaries and allowances payable to and the other terms and conditions of service of the
Secretary, and others officers and employees of the Board shall be such as may be prescribed.
(4) The Board may appoint consultants required to assist in the discharge of its functions on
such terms and conditions as may be specified.
19. The Central Government may, after due appropriation made by Parliament in this behalf, make to
the National Board, grants and loans of such sums of money as the Central Government may consider
necessary.
20. (1) There shall be constituted a Fund to be called the Road Safety and Traffic Management Fund
and there shall be credited thereto -
(i) one per cent of the revenue from the cess on diesel and gasoline allocated for National
Highways and rail and road overbridges or such greater proportion of the said cess as the
Central Government may deem appropriate;
(ii) any grants and loans made to the National Board by the Central Government under section
19; and
(iii) all sums received by the National Board from such other sources as may be decided upon
or approved by the Central Government.
(2) The Fund shall, subject to the provisions of sub section (3), be applied for making payments
towards -
(a) the salary, allowances and other remuneration of the Chairperson, members, officers and
other employees of the National Board;
(b) the expenses of the National Board in discharge of its functions under section 6; and
(c) the expenses incurred or to be incurred for purposes authorised by this Act including the
grants to the State Boards.
(3) The Central Government may, in consultation with the Comptroller and Auditor General of
India prescribe the manner of applying the fund for meeting the expenses specified in clause (b) or clause
(c) of sub section (2).
(4) Not less than one half of the receipts of the National Road Safety and Traffic Management
Fund shall be applied for disbursements of grants to the State Boards for undertaking or having undertaken
road safety and traffic management measures recommended by the National Board in their respective
territory, or to generally promote efficient traffic management and road safety;
21. (1) The National Board shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts in such form as may be prescribed by the Central Government in consultation
with the Comptroller and Auditor General of India.
(2) The accounts of the National Board shall be audited by the Comptroller and Auditor General
of India at such intervals as may be stipulated by him and any expenditure incurred in connection with
such audit shall be payable by the National Board to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor General of India and any person appointed by him in connection
with the auditing of the accounts of the National Board shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor General of India has in connection
with the audit of Government accounts and, in particular, shall have the right to demand the production of
books of accounts, connected vouchers and other documents and papers and to inspect any of the offices
of the National Board.
(4) The accounts of the National Board, as certified by the Comptroller and Auditor General of
India or any other person appointed by him in this behalf, together with the audit report thereon, shall be
forwarded annually to the Central Government and that Government shall cause the same to be laid, as
soon as may be after it is received before each House of Parliament.
22. Subject to adoption of the Act by the State, the relevant State Government may, after due appropriation
made by the State legislature in this behalf, make to the State Board, grants and loans of such sums of
money as that Government may consider necessary.
23. (1) Subject to adoption of the Act by the State, there shall be constituted for that State a Fund to
be called the State Road Safety and Traffic Management Fund and there shall be credited thereto -
(i) one per cent of the revenue from cess on diesel and gasoline allocated for State roads
including rural roads levied or recovered under any law for the time being in force or such
greater proportion as may be decided by the State Government; and
(ii) all grants received from the National Road Safety and Traffic Management Fund; and
(iii) any grants and loans made to the State Board by the State Government under section 22;
(iv) all sums received by the State Board from such other sources as may be decided upon by
the State Government.
(b) the expenses of the State Board in discharge of its functions under section 11; and
(c) the expenses incurred or to be incurred for purposes authorised by this Act.
(3) The State Government may, in consultation with the Comptroller and Auditor General of India
prescribe the manner of applying the fund for meeting the expenses specified in clause (b) or clause (c)
of sub section (2).
24. (1) The State Board shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts in such form as may be prescribed by the State Government in consultation
with the Comptroller and Auditor General of India.
(2) The accounts of the State Board shall be audited by the Comptroller and Auditor General of
India at such intervals as may be stipulated by him and any expenditure incurred in connection with such
audit shall be payable by the State Board to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor General of India and any person appointed by him in connection
with the auditing of the accounts of the State Board shall have the same rights and privileges and authority
in connection with such audit as the Comptroller and Auditor General of India has in connection with the
audit of Government accounts and, in particular, shall have the right to demand the production of books of
accounts, connected vouchers and other documents and papers and to inspect any of the offices of the
State Board.
(4) The accounts of the State Board, as certified by the Comptroller and Auditor General of India
or any other person appointed by him in this behalf, together with the audit report thereon, shall be
forwarded annually to the State Government and that Government shall cause the same to be laid, as soon
as may be after it is received, before the State Legislature.
25. Notwithstanding anything to the contrary contained in section 23, all funds due to the State Board
under clause (i) of sub section (1) of section 23 shall, prior to the adoption of this Act by a State in
accordance with the provisions of Section 8, be credited to the Consolidated Fund of that State for
expenditure by that State Government in connection with the purposes of this Act.
Budget
26. The Appropriate Board shall prepare, in such form and at such time in each financial year as may
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of
that Board and forward the same to the Appropriate Government.
27. (1) The Appropriate Board shall, as soon as practicable after the end of each year make to the
Appropriate Government a report on its activities during that year.
(a) include a general survey of developments, during the year to which it relates, in respect of
matters falling within the scope of the Appropriate Board’s functions;
(b) set out any regulations or recommendations made or guidelines issued by the Appropriate
Board under the Act during that year;
(c) set out any general directions given to the Board during that year by the Appropriate
Government;
(d) include a general survey of the activities during the year of its Advisory Committee; and
(e) Include a report on such other matters as the Appropriate Government may, in consultation
with the Appropriate Board, from time to time require.
(3) The Appropriate Board shall, before the commencement of each year, make to the Appropriate
Government a report on the Annual Programme for the year containing a general description of work,
other than that comprising routine activities in the exercise of its functions, which it plans to undertake
during the year in furtherance of the objectives of this Act.
(4) The Appropriate Board shall, before finalising the Annual Programme referred to in sub
section (3), publish a draft thereof and provide 60 days’ notice for inviting representations and suggestions
from the Appropriate Government and the public, and upon receipt of such representations and suggestions,
it shall consider the same.
(5) The Appropriate Government shall lay a copy of every report made by the Appropriate Board
under sub sections (1) and (3) before each House of Parliament or the legislature of the State, as the case
may be, and shall arrange for copies of every such report to be published in such manner as it considers
appropriate.
(6) The Appropriate Board shall also make to the Appropriate Government-
(a) such reports with respect to the matters mentioned in clause (a) of sub section (2) as the
Appropriate Government may from time to time require; and
(b) such other reports with respect to those matters as may appear to it to be expedient, and
the Appropriate Board shall, if the Appropriate Government so directs, arrange for copies
of any report made under this sub-section to be published in such manner as is stipulated in
the direction.
(8) No order of the Appropriate Board, which is appealable under this Act, shall be called to
question in the Parliament, or the State Legislature, as the case may be.
Advisory Committee
28. (1) The Appropriate Board shall by notification establish within ninety days from the appointed
date, a committee to be known as the National Advisory Committee or the State Advisory Committee, as
the case may be.
(2) The National Advisory Committee shall consist of not more than 31(thirty one) members and
the State Advisory Committee shall consist of not more than 21 (twenty one) members to represent the
interests of road users, construction industry, transport industry, automobile manufacturers, and relevant
non-governmental organisations and academic and research bodies.
(3) The Chairperson and members of the Appropriate Board shall be the ex-officio Chairperson
and ex-officio members of the National Advisory Committee or the State Advisory Committee, as the
case may be.
(4) The National Advisory Committee or the State Advisory Committee, as the case may be, shall
meet at least four times in a year and its proceedings shall be conducted in accordance with the Regulations
to be specified.
29. The objects of the National Advisory Committee or the State Advisory Committee, as the case may
be, shall be to advise the Appropriate Board on-
(b) matters relating to quality, continuity, reliability and extent of road safety and traffic
management; and
Penalties
30. (1) Whoever fails to comply with the regulations specifying the -
(i) design, construction, operation and maintenance standards for National Highways; or
(ii) safety standards for the design or manufacture of any Mechanically Propelled Vehicle,
shall be punishable by the National Board with fine which may extend to Rupees ten
lakh and where the contravention or failure is a continuing one, with further fine which
may extend to Rupees three lakh for every month or part thereof during which such
failure or contravention continues after lapse of 60 (sixty) days from the date of
imposition of fine for the first such contravention or failure.
(i) the operator or owner of whole or any part of any National Highway for contravention
of any such regulation within a period of three years from the date on which such
regulation came into effect; and
(ii) the manufacturer of a Mechanically Propelled Vehicle for contravention of any such
regulation within a period of one year from the date on which such regulation came in
effect.
(i) standards for design, construction, operation and maintenance of roads other than
National Highways, or
(ii) safety standards for the design or manufacture of any vehicle other than a Mechanically
Propelled Vehicle,
shall punishable by the State Board with fine which may extend to Rupees ten lakh and where
the contravention or failure is a continuing one, with further fine which may extend to Rupees one lakh
for every month or part thereof during which such failure or contravention continues after lapse of 60
(sixty) days from the date of convection for such contravention or failure.
(i) the operator or owner whole or any part of any road other than National Highways for
contravention of any such regulation within a period of three years from the date on
which such regulation came into effect; and
(3) Whoever:
(i) fails to furnish the information required pursuant to section 7 or section 12 or fails to
grant or impedes any access required to any document, record or information or to any
premises where any such document, record or information is believed to be kept
pursuant to section 7 or section 12; or
(ii) willfully furnishes or causes to be furnished any information or return which he knows
to be false or incorrect in material particulars;
shall for each such offence be punishable by the Appropriate Board with fine which may extend
to Rupees one thousand and in the case of a continuing offence to a further fine which may extend to
Rupees five hundred for each day after the first day during which the offence continues.
(4) Without prejudice to the penalty that may be imposed under sub sections (1) and (2) above,
the Appropriate Board may recommend remedial action to the Appropriate Government.
Appeals
31. (1) Any person aggrieved by any order given, decision made or direction issued by the
Appropriate Board may within thirty days from the date on which the order is communicated to him,
prefer an appeal to such authority (hereinafter referred to as the “appellate authority”) as the
Appropriate Government may think fit to constitute:
Provided that the appellate authority may entertain the appeal after the expiry of the said period
of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time.
(2) An appellate authority shall consist of a single person or three persons as the Appropriate
Government may deem fit, to be appointed by that Government.
32. (1) Notwithstanding anything to the contrary contained in this Act, in performance of its functions
under this Act, the Appropriate Board shall be bound by such directions on questions of policy involving
public interest as the Appropriate Government may give to it in writing from time to time.
Provided that no such direction shall relate to any day-to-day affairs of the Board.
Provided that the Appropriate Board shall be given opportunity to express its views before any
direction is given under this sub section.
(2) The decision of the Appropriate Government whether a question is a question of policy
involving public interest, shall be final.
(3) The directions issued to the Appropriate Board under sub section (1) together with the
reasons for the issue of the directions shall be laid before the Parliament or the State Legislative
Assembly, as the case may be at the earliest possible opportunity.
33. The Chairperson, members, officers and other employees of the Board shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within
the meaning of section 21 of the Indian Penal Code.
34. (1) No suit, prosecution or other legal proceeding shall lie against the Central Government,
National Board, or any officer of the Central Government or any member, Chairperson, officer or other
employee of the National Board for anything which is in good faith done or intended to be done under
this Act or the rules or regulations made there under.
(2) Subject to adoption by the State Government, no suit, prosecution or other legal proceeding
shall lie against the State Government, State Board, or any officer of the State Government or any
member, Chairperson, officer or other employee of the State Board for anything which is in good faith
done or intended to be done under this Act or the rules or regulations made thereunder.
35. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the Central
Government may, by order, published in the Official Gazette, make such provisions not inconsistent with
the provisions of this Act, as it may deem necessary for removing the difficulty.
36. (1) The Central Government may, by notification in the Official Gazette, make rules for the
purpose of 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 following matters, namely:
(a) the purposes for which the National Road Safety and Traffic Management Fund can be
applied ;
(b) the salaries and allowances payable to and the other conditions of service of the
Chairperson and the other members under sub section (4) of section 13;
(c) the salaries and allowances payable to and the other conditions of service of the officers
and staff of the National Board under sub-section (3) of section 18;
(d) the manner in which the accounts of the National Board shall be maintained under sub
section (1) of section 21;
(e) the time and manner in which the annual report of the National Board shall be prepared
under sub section (1) and sub section(3) of section 27.
(f) any other matter which is to be, or may be, prescribed. or in respect of which provision
is to be made, by rules.
37. (1) The National Board may, by notification, make regulations consistent with this Act and the
rules made there under to carry out the provisions of this Act.
(2) Before notifying any regulations, the National Board shall publish a draft thereof in such
manner as it may deem fit to provide an opportunity to persons affected or likely to be affected by
such regulations to make suggestions or objections and upon receiving such suggestions and objections
within the period stipulated by the National Board, consider the same before notifying the regulations,
with or without modifications.
(3) In particular, and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:
(a) any matter which is required to be, or may be, specified by regulations or in respect of
which provision is to be or may be made by regulations for the purposes of the National
Board’s exercise of its powers under section 6 of the Act;
(c) the powers and duties of the Secretary under sub section (1) of section 18;
(d) the terms and conditions of the consultants appointed under sub section (4) of
section 18;
(e) the procedure to be followed by the National Board including the places at which it shall
conduct its business under sub section (1) of section 16; and
(f) any other matter which is required to be, or may be, specified by regulations or in
respect of which provision is to be or may be made by regulations.
38. Every rule made by the Central Government and every regulation made by the National Board,
under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament 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 immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation
or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
39. (1) Subject to adoption by the State Government, the State Government may, by notification in
Official Gazette, make rules for carrying out the provisions of this Act in relation to the Appropriate
Board not inconsistent with the rules and regulations made by the Central Government and the National
Board.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:
(a) the purposes for which the State Road Safety and Traffic Management Fund can be
applied;
(b) the salaries and allowances payable to and the other conditions of service of the
Chairperson and the other members of the State Board under sub section (4) of
section 13;
(d) the manner in which the accounts of the State Board shall be maintained under sub
section (1) of section 24;
(e) the time and manner in which the annual report of the State Board shall be prepared
under sub section (1) and sub section (3) of section 27;
(f) any other matter which is to be, or may be, prescribed, or in respect of which provision
is to be made, by rules.
40. (1) The State Board may subject to adoption of the Act by the State Government, by notification
in the Official Gazette, make regulations consistent with this Act and the rules and regulations made by
the Central Government, the National Board and the State Government thereunder to carry out the
provisions of this Act.
(2) Before notifying any regulations, the State Board shall publish a draft thereof in such manner
as it may deem fit to provide an opportunity to persons affected or likely to be affected by such
regulations to make suggestions or objections and upon receiving such suggestions and objections within
the period stipulated by the State Board, consider the same before notifying the regulations, with or
without modifications.
(3) In particular, and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:
(a) any matter which is required to be, or may be, specified by regulations or in respect of
which provision is to be or may be made by regulations for the purposes of the State
Board’s exercise of its powers under section 11 of the Act;
(b) the time and places of meetings of the State Board and the procedure (including quorum
necessary for the transaction of business) to be followed at such meetings under sub
section(1) of section 16;
(c) the powers and duties of the Secretary of the State Board under sub-section (1)of
section 18;
(d) the terms and conditions of the consultants appointed under sub section (4) of section
18 for the State Board; and
(e) any other matter which is required to be, or may be, specified by regulations or in
respect of which provision is to be or may be made by regulations.
41. Every rule made by the State Government and every regulation made by the State Board, under
this Act shall be laid, as soon as may be after it is made, before 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 immediately following the session or the
successive sessions aforesaid, the State Legislature makes any modification in the rule or regulation or
decides that the rule or regulation should not be made, the rule or regulation 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 or
regulation.
42. All regulations made by the National Board or the State Board under this Act shall be subject to
the conditions of the previous publication.
43. (1) If, at any time, the Appropriate Government is of the opinion that on account of grave
emergency, national security or other like cause it is necessary to keep in abeyance any or all regulation(s)
made under this Act by the Appropriate Board, the Appropriate Government, may, by notification in the
Official Gazette, direct suspension of application of such regulation (s) for such period, not exceeding
six months at a time, as may be specified in the notification.
(2) On the expiration of the period of suspension specified in the notification issued under sub
section (1), the Appropriate Government may for reasons to be recorded in writing extend the period of
suspension for such further term, not exceeding six months at a time, as it may consider necessary.
(3) The Appropriate Government shall cause a notification issued under sub section (1) and a
full report of any action taken under this section and the circumstances leading to such action and the
reasons for such action to be laid before each House of Parliament or the State Legislature as the case
may be, at the earliest possible opportunity.
44. The provisions of this Act shall have effect notwithstanding any thing inconsistent therewith
contained in any other law for the time being in force or in any other instrument having effect by virtue
of any other law other than this Act.