Chapter 2 Chapter 2

Road Fund Board

1. (1) After the commencement of this Act, the Government shall, by notification, constitute a Board to be called "the Mizoram Road Fund Board".
2. (2) The Board shall be a body corporate-
   • (a) having perpetual succession and a Common seal;
   • (b) being capable in law of-
     • (i) suing and being sued in the name of the Board;
     • (ii) purchasing, taking, holding, selling, leasing, taking on lease, exchanging or disposing of real or personal property for the purposes of this Act; and
     • (iii) doing or suffering all other acts or things which a body corporate may by law do or suffer.
3. (3) The office of the Board shall be located in Aizawl at the place to be decided by the Board.
4. (4) The Board shall consist of the following members, namely-
   • (a) The Minister Chairman
   • (b) Chief Secretary Vice-Chairman
   • (c) Secretary & Engineer-in-Chief, PWD Member Secretary
   • (d) Financial Commissioner Member
   • (e) Principal Secretary/Commissioner, Planning Member
   • (f) Director, Transport Department Member
   • (g) Commissioner, Taxation Department Member
   • (h) Chief Engineer, Highways, PWD Member
     • (i) Chief Engineer, Roads, PWD Member
   • (j) Inspector General of Police Member
   • (k) 3 Representatives from Stakeholders Nominated Members
   • (l) 4 Representatives from NGOs Nominated Members
5. (5) The Chairman of the Board shall, by notification, identify the Stakeholder organisations and NGOs and invite them to nominate a representative to be a member of the Board.
6. (6) Nominated members of the Board shall hold office for a period of three years or during the pleasure of the Government.
7. (7) Any nominated member may, at any time resign by submission of a letter of resignation to the Chairman of the Board and shall cease to be a member upon his death or on withdrawal of his nomination by the organisation that nominated him.
8. (8) The Board shall meet at such time and place as the Chairman may decide and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum, as may be prescribed.
9. (9) At the discretion of the Chairman, the Board may adopt a resolution under an out of session procedure if a copy of a document containing the resolution is circulated to all members and a majority of them provide a signed and dated acceptance of the resolution to the Member Secretary.
10. (10) The Board may, subject to the rules (if any), associate with itself any person whose assistance or advice the Board may desire to have in performance of any of its functions under this Act; but such a person shall not have a right to vote on matters at a Board meeting.
11. (11) The Board shall be assisted by a Secretariat consisting of staff deputed from road agencies and with responsibility for carrying out administrative and technical tasks for the Board and Executive Committee, as may be directed by the Board and Executive Committee from time to time.

Powers, duties and functions of the Board:

1. (1) The Board shall have the following powers, duties and functions, namely-
   • (a) To administer and manage the road fund;
   • (b) To recommend collection of such fees and charges including toll fees for services and benefits in relation to the use of roads vested in or entrusted to it at such rates and in such manner as may be prescribed;
   • (c) To formulate integrated annual programme for rehabilitation, repair and maintenance of the road giving priority to core road network;
   • (d) To provide funds to the road agency for such rehabilitation, repair and maintenance of the roads;
   • (e) To formulate road safety and traffic management policies and strategies for the State of Mizoram;
   • (f) To co-ordinate road sector agencies where the implementation of Government road policy involves more than one agency;
   • (g) To develop and monitor key performance indicators for the core road network;
   • (h) To approve road programme proposals from road agency seeking funding from the Road Fund, subject to the agency prioritizing the core road network other than the core road network;
     • (i) To recommend improvement of arrangements for collecting road user charges to minimize avoidance and evasion;
   • (j) To recommend to the Government from time to time, appropriate levels of road user charges, fines, penalties, levies or any other sums to be collected under this Act and paid into the Fund;
   • (k) To undertake any other activities, entrusted by the Government in furtherance of the objectives for which the Road Fund Act is established.
2. (2) The Board may form an Executive Committee to perform such functions as may be determined by the Board, and, unless the Board decides otherwise, the Executive Committee shall-
   • (a) have a majority of members with experience in road financing or management;
   • (b) carry out the following functions:
     • (i) the seeking of proposals from road agencies;
     • (ii) the receipt and review of submissions from road agencies;
     • (iii) recommending to the Board of the programme for rehabilitation and maintenance of roads and variation to that programme;
     • (iv) advice to road agencies of the programme and variations approved by the Board;
     • (v) the monitoring of the delivery of the Board approved programmes by the road agencies;
     • (vi) the provision of annual and periodic reports as required by the Board.