Excelsior Correspondent
JAMMU, Feb 9: For implementation of road safety programmes in Jammu and Kashmir where hundreds of accidents take place every year resulting into loss of innocent lives, the State Government today introduced in the Legislative Assembly a Bill to provide for the constitution of an all powerful State Road Safety Council and establishment of a Road Safety Fund.
The Bill envisaged constitution of a State Road Safety Council, Lead Agency, District Road Safety Committees, provision for punishment to the offenders and levy of cess on all types of vehicles registered in the State, at the rate and manner specified by the Government from time to time.
The Bill, called as the Jammu and Kashmir Road Safety Council Act, 2018, was introduced in the House by Minister for Revenue, Hajj & Auqaf, Parliamentary Affairs, Abdul Rehman Veeri on behalf of the Minister of State for Transport, Sunil Kumar Sharma.
The Council, headed by the Incharge Minister of Transport Department as the Chairman and Chief Secretary as Vice-Chairman, shall advise the Government on road safety policies, prescribe and enforce road safety standards and procedures, formulate and implement schemes, projects and programmes relating to road safety.
It shall coordinate the functioning of all the agencies and Government Departments discharging the duties relating to road safety besides conducting the road safety awareness programmes and management of Road Safety Fund, which include allocation of expenditure for implementation of road safety related schemes, programmes, projects, purchase and installation of equipments and devises connected with road safety, conduct of studies, projects and research on matters relating to road safety, trauma-care programmes or activities, etc. Under its supervision and control, the Council shall also formulate self-help groups for the rescue operation on the place of accident.
For implementation of the decisions of the State Road Safety Council, there shall be a Lead Agency, headed by an officer not below the rank of Additional Commissioner, Transport/Special Secretary.
This Lead Agency shall work as Secretariat for the Road Safety Council and coordinate with the concerned departments of the State Government to ensure implementation of the directions issued from time to time by the Supreme Court Committee on Road Safety and furnish compliance report in a time bound manner. Besides, notifying annual targets for reduction of accidents, it shall also identify areas/road stretches and categories of accident victim who should be focused upon.
The Transport Commissioner (Member Secretary of the Council) shall be ex-officio Road Safety Commissioner.
After the constitution of the Council, there shall be established a Fund, to be called “The Jammu and Kashmir Road Safety Fund, which shall be non-lapsable. Grant in-aid from the State Government, grants/ loans/ advances from the Central Government, contribution from public/private institutions and special cess collected from all types of motor vehicles shall be credited to this Road Safety Fund.
The Fund shall be utilized for road safety programmes, awareness, research, trauma care programmes, administrative expenses of the Council and correction of black spots etc.
Notwithstanding anything contained in any other law for the time being in force, the Council shall have the powers to pass an order for removal of causes of accidents, such as placement or positioning of any vehicle, structure or material such as hoardings, statues, Pandals, monuments etc on a public road.
In case of urgency, the Road Safety Commissioner may himself take such action, as may be necessary, to prevent accident or obstruction and recover the cost thereof from the person responsible in such manner.
It shall be lawful for the Council to order any work or improvement on a public road as it considers necessary to secure safety and the concerned department or the Local Authority or any other agency or corporation shall be bound to carry out such works. Except National Highway Authority, it shall be duty of every officer of the Government or Local Authority to act in aid of the Council in enforcing its orders.
The Government may constitute for each district a committee, to be called “the District Road Safety Committee, which shall consist of not more than nine members and function as the Council may specify from time to time. The Council shall meet at least once in six months while the District Road Safety Committee shall meet at least once in three months.
For the effective implementation of the road safety programme, the Council may delegate powers to the Lead Agency, Road Safety Commissioner or the District Road Safety Committees.
Whosoever refuses or fails to comply with any order of the Council or the Road Safety Commissioner or any District Road Safety Committee under this Act, shall be punishable with imprisonment for a term of six months or with fine, which may extend to five thousand rupees or with both. In the case of continuing offence, a fine of rupees one thousand shall be imposed for each day for which the offence continues.
Whosoever obstructs the State Road Safety Council, the Road Safety Commissioner, District Road Committee or any other officer of these bodies or a person engaged while discharging of the functions of this Act, shall be punishable with imprisonment for a term of maximum three years or with fine, which may extend to rupees five thousands or with both.
Where an offence punishable under this Act has been committed by a company, every person, who at the time the offence has been committed, was in-charge and was responsible to company for the conduct of its business, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Any person aggrieved by an order passed by any authority under this Act, may within a period of 30 days from the date of which decision was communicated to him, prefer an appeal before the Appellate Authority as may be appointed by the Government, who shall be a person holding the post not below the rank of District Judge or has held the post.
No court shall take cognizance of any offence punishable under this Act except on a report in writing constituting the facts of such offence, submitted with the prior permission of the Road Safety Commissioner. No Civil Court shall entertain any suit or any proceeding to set aside or modify or question the validity of any order or decision made by the authority under this Act.
The Council shall have power, subject to the provisions of this Act and rules thereunder, to make regulations and bye-laws with the prior approval of the Government in respect of the procedure to be adopted by the Council, Lead Agency and the District Road Safety Committee for all or any of the matter required to be provided by regulations of this Act.
Meanwhile, A R Veeri, on behalf of the Minister for Rural Development and Panchayati Raj, also moved another Bill to amend the Jammu and Kashmir Panchayati Raj Act, 1989.
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