The Nagaland Road Safety Authority (Second Amendment) Act, 2024

The Nagaland Gazette October 30, 2024 PART-V NOTIFICATION Dated Kohima, the 25 October, 2024. NO.LAW/BILL/23-28/2024 : : The Nagaland Road Safety Authority (Second Amendment) Act, 2024 Act No. 7 of 2024 duly assented by the Hon'ble Governor on 5" Oct. 2024 is hereby published for general information. Sd/- Y. KIKHETO SEMA, IAS Commissioner & Secretary to the Govt. of Nagaland. The Nagaland Road Safety Authority (Second Amendment) Act, 2024 An Act further to amend the Nagaland Road Safety Authority Act, 2013 in the manner hereinafter appearing: BE it enacted by the Nagaland State Legislative Assembly in the Seventy-fifth Year of the Republic of India as follows:-

In section 2 of the Nagaland Road Safety Authority Act, 2013 (hereinafter called the principal Act), after clause (i) of sub-section (1), the following clause shall be inserted: namely.- “(ia) “one-time tax” means the tax paid for the Non- Transport Vehicle (Vehicle not use for hire or reward) for a period of 15 years on the basis of the cost of the vehicle under the Nagaland Motor Vehicles Taxation Act. 1967 (as amended from time to time).”

In section 3 of the principal Act,-

1. (i) in clause (n) of sub-section (3), for the word “Director”, the words “Principal Director” shall be substituted.
2. (ii) after clause '(1) of sub-section (3). the following clause shall be inserted: namely.- “(u) The Engineer-in-Chief, Public Works Department.” 'Clause (1) was inserted by the Nagaland Road Safety Authority (first amendment) Act, 2018. 63 The Nagaland Gazette, Part-V October 30, 2024

In section 5 of the principal Act,

1. (i) for clause (g) of sub-section (1). the following clause shall be substituted: namely,- “(g) Transport Commissioner - Member Secretary”.
2. (ii) In sub-section (1). after clause '(i), the following clause shall be inserted namely:- “(j) General Manager. Nagaland Highways Infrastructure Development Corporation Limited (NHIDCL), Branch Office, Dimapur.

In section 10 of the principal Act, for sub-section (1), the following sub- section shall be substituted namely: -

1. (1) (a) There shall be levied and collected one time cess for the purposes of this Act on every Non- Transport Motor vehicle used or kept for use in the state at the rate of 3% of the “One-time tax” amount.
   • (b) There shall be levied and collected cess annually on the annual road tax plus the goods or passenger tax amount for the purposes of this Act on every Transport Motor vehicle used or kept for use in the State in accordance to the details displayed in the Table below:- Table: Schedule of Road Safety Cess for Transport Vehicles. | SL.NO. | CATEGORY ra RATE OF CESS | : 10% 3X: al road tax plus the | 01. | Transport Goods : yo Uposerull ECE: | or 3 TY goods tax I 02 Transport Passenger above 12 53% on the annual road tax plus the | "| Seating capacity ______passengertax ray [ 03 Transport Passenger up to 124% on the annual road tax plus the | __|Seating capacity |passengerstax | v ap ne od 1 | r g | 04. payiotisnol included) oh SLs, on Tax levied annually L—" [No.1 &2 above including [°° 2 FHEOHIHTE Provided that no such cess shall be levied on a motor vehicle kept by dealer or manufacturer of such vehicle for the purpose of trade; Provided further that if the Government are of the opinion that it is necessary in the interest of the general public so to do, they may. by notification in the Gazzette, make an exemption in regard to the cess payable under this Act in respect of any motor vehicle or class of motor vehicles. 'Clause (i) was inserted by the Nagaland Road Safety Authority (first amendment) Act, 2018. October 30, 2024 The Nagaland Gazette, Part-V 64

In section 12 of the principal Act,

1. (i) in sub-section (2), after the words “as may be prescribed” and before the punctuation mark *.” (Full stop), the words “in section 12 and section 13 or as may be prescribed by the Authority”, shall be inserted.
2. (ii) in sub-section (3), after the words “shall be deposited in the™ and before the words “operated by the Chairman™. for the words “State Bank of India as may be decided by the Authority and the account shall be”, the words “Road Safety Fund Account under any Nationalized or State Co- operative Bank and the Account shall be jointly” shall be substituted.

In Section 19 of the principal Act,

1. (i) for sub-section (2), the following sub-section shall be substituted: namely, - *(2) Every District Road Safety Committee shall consist of the following members: namely,-

1. (a) The Deputy Commissioner (Ex- Officio) : Chairman
2. (b) Commissioner of Police/Superintendent of Police : Member (¢) Chief Medical Officer of H & FW (Ex-Officio) : Member
3. (d) Executive Engineer (Roads & Bridges) © Member (¢) Executive Engineer(National Highways) © Member

1. (1) Representative of Regional Office (MoRTH) : Member
   • (g) Project Director (NHAI) : Member
   • (h) Administrator, Municipal / Town Committees: Member
2. (1) At least one Civil Society Organization (CSO) or any Non-Government Organization (NGO) working on improving road safety in the State: Member
   • (J) Regional/District Transport Officer : Member Secretary
   • (k) Highway Administrator of State Highways & Major District Roads (MDRs) : Member
     • (ii) after sub-section (2). the following sub-section shall be inserted: namely,- *(2A) Functions of the District Road Safety Committees: -
   • (a) Periodic review of road accidents in the district.
   • (b) Monitor the implementation of State Road Safety policy and the targets set under it. 65 The Nagaland Gazette, Part-V October 30, 2024 (¢) Implement directions of the SCCoRS. Government of India and the State Government as may be issued from time to time on matters of road safety.
   • (d) "Implementation of decisions of the Nagaland Road Safety Authority in the district. (¢) Regular track and update State Road Safety Council on details of Road Crashes that took place in the district, which shall include: i. Details of the vehicle. ii. Cause of crash. iii. Details of spot investigation, evidence, if any. iv. Details of Offenders (if any). v. Details of Victim/s and victims latest condition. vi. Types of injury caused. vii. FIR registered if any.
3. (1) Publish road accident data on monthly basis on public domain on: i. The district website portal (to be widely publicized) ii. The MoRTH Portal. (ump: #morth-roadsafery: nic.in‘edisha’index.aspx)
   • (g) Develop a district road safety plan.
   • (h) Ensure forensic crash investigation under Section 135 A of the Motor Vehicles Act for all mass fatality crashes in the district.
     • (i) Ensure optimal placements of ambulances to help improve response time and handover time to hospitals.
   • (j) Ensure adequate availability of different ambulance types as per historic caseload in the district.
   • (k) Prepare an Emergency Medical Plan for mass fatality accidents in the district.
     • (I) Ensure linkage between hospitals and ambulances through setting up a prior notification system. Ensure linkages between hospitals to find out the availability of beds in case of emergency.
   • (m) Act as the nodal body for placing. requirements and disbursal of road safety funds and interact with Nagaland Road Safety Authority as and when required.
   • (n) Provide regular inputs to the Nagaland Road Safety Authority/Lead Agency of State and recommend road safety measures especially with regard to identification of major accident prone areas/ Black spots etc. and also in parts regarding the important of 4Es, viz. Engineering, Education, Enforcement & Emergency.
4. (0) Promote Good Samaritans to assist the road accidents victims.
   • (p) Provide suggestion(s) to State Government as and when requested to formulate or amend:- i. Rules under Section 107, Section 138, Section176, Section 210D, Section 215D of the Motor Vehicles (Amendment) Act. 2019. ii. Schemes under Section 135 of the Motor Vehicles (Amendment) Act, 2019. October 30, 2024 The Nagaland Gazette, Part-V 66 THE NAGALAND ROAD SAFETY AUTHORITY (SECOND AMENDMENT) BILL, 2024 (As passed by the Nagaland Legislative Assembly on the 29" August, 2024) This Bill was passed by the Nagaland Legislative Assembly on 29. 08. 2024. Sd/- Kohima, SHARINGAIN LONGKUMER The 29-08-2024 SPEAKER Nagaland Legislative Assembly I assent to this Bill Sd/- Kohima, LA GANESAN the 05-10-2024 GOVERNOR

1. (1) This Act may be called the Nagaland Road Safety Authority (Second Amendment) Act, 2024.
2. (2) lishall extend to the whole State of Nagaland.
3. (3) It shall come into force on such date as the State Government, by a notification in the Official Gazette, appoint.