The Nagaland Gazette October 30, 2024
PART-V NOTIFICATION Dated Kohima, the 25th October, 2024.
NO.1.AW/liI1'1./23-28/2024 : : '1'hc Nagaland Road Safety Authority (Second Amendlnent) Act, 2024 Act No. 7 of 2024 dujy a';sented by the IIon-ble Governor on 5lh Oct. 2024 is hereby published for general information.
Sd/- Y. KIKHETO SEMA, IAS Commissioner & Secretal)' to the Govt. ofNagaland.
The Nagaland Road Safety Authority (Second Amendment) Act, 2024 An Act fUrther to amend the Nagaland Road Safety Authority Act, 20 13 in the nrannel' hereinafter appearing:
BE it enacted by the Nagaland State L_cgislativc Assembjy ill the Seventy-fi t-th Year of tIle Republic of India as t'ollc>\vs:- I Short title, extent and commencement ( 1 ) This Act may be called the Nagaland Road SaI’eLy Authoriiy (Second Alucndlncnt ) Act, 2024.
(2) It shall cxtelrd tc) the w'hoic State o I'Nag:rland.
(3) it shall c<)trlc into it)rcc on such date as the State (}c>vcnlnlcnt, by a notifIcation in the O£liciai Gazette, appoint.
2. Amendment of section 2 In section 2 ol’ the Nagaland Road Safety Atlthority Act. 20 t 3 (hereinafTer called the principal Act), after clause (i) ol' sub-section ( 1 ), the following clause shall be inserted: naIUL-ly.-
(ia) --one-ti inc tax " nlcans the tax paid I'(Ir the No:1- -i'ransport Vehicle (Vehicle no! use for hire or reward) for a period of 1 5 years on the basis of the cost of the vehicle under the Nagaland Motor Vehicles Taxation Act. 1967 (as amended l-ronl tinrc to time).’
3. Anrendment of section 3 In sccLit)n 3 (>1' lhc principal Act,-
(1)
(11) in CliiLls;C (n) ol' sub-section (3), It>r the word "Dircctor". the words 'Principal Director'’ shall be substituted.
after clatlse '(1 ) of sub-section (3). the following clause shall be illsertcd:
nalrrcty.- (u ) -1-he Engineer-in-Chic!', Public Works Dcpartlncnt.
IClause (1) was inserted by the Nagaland Road Safety Authority (first amendment) Act, 2018.
63 The Nagaland Gazette, Part-V October 30, 2024 4 Amendment of section 5 In section 5 of the principal Act ( i) for cIa: lse (g) of stIll-section ( 1 ). tIle follow-ing clause shall be substituted:
namely.-
(g) Transport C'olnn1 issioncl- - Vlclnbcr Secretary”
(ii) in sub-section ( 1 -). after clause '(i), the following clause shall be inserted nanrc ly :- (j ) C;c11cral Manager. Nagaland Highways Infrastructure Development C'oT'poriltion Lilrrited (Nl-Ilt)CL). F3l'ancl1 OffIce, Dilnapur'’.
Alnendment of section 10 in section i 0 of the principal Act, thr sub-section ( 1 ). the I'oilowing subsection shall be SIIt)stittltcd namely: - "( I } (a ) -Fhcre shall be levied and collected one time cess for the purposes of this Act on e\-el-y Non- Transport Motor vehicle used or kept for use in the state at the rate of 5':’b of the "one-time tax” amount.
(b) There shall bc levied and collected cess annually on the annual road tax plus the gc)Dds or passenger tax amount for the purposes of this Act on e\-cry Transport Motor vehicle used or kept for use in the State in accordance to the details displayed in the Table heIn\\':- Fable: Schedule of Road Sat-ety C-css for 1-I'ansport Vehicles.
RATE OF CESSC'A"l-f„:C; O RY blmmnual road tax plus Fransport Goods goods tax FIMl road tax plus’TTil\Birt Pa'iscnger at)o\'e -l i Seatl nq capacit' assc119el' tax lax plusin' thThI imT'aI;sport Pi=sen $–a--T Seat ing cal)ac it' 'asse11 gC Any other llot included in 5(}'b on -Fax Ie\-icd a11nuall\’No. 1 & 2 above including
Provided that no such cess shall be levied on a nrotor \'ehiclc kept by dealer or nranufacturcl' of such vehicle for the purpose of trade;
Provided further that i t'tIre (;overn ment are o t'the opinion that it is necessary in the interest CIf the general public so to do. they may. by n(>tihcation in the Gazzette, lntlkc an exemption in regard to the cc'is payable Llndcr this Act in respect of any motor \ch icte or class ol’ motor vehicles.
'Clause (i) was inserted by the Naga land Road Safety Authority (first amendment) Act, 2018.
October 30, 2024 The Nagaland Gazette, Part-V 64
6. Amendment of section 12 In scctitrn 12 ol- the principal Act,
(i) ill sub-section (2), after the words ",IS may be prescribcc3'- and before the punctuation mark “.” (Full stop). the words “in section 12 and sccti011 1 3 or as may be prescribed by the Authority'-, shall be inserted.
(ii) in sub-section (3). al’Lcr tIle words "shal! be deposited in the’- and bet tIre the \\'ord>; "operated by the C'hairlman”. for the words "State Bank of India as nra)’ he decided by the Authority and the account shall be”. the words "Rc)ad Safety Fund Account under any Nationalized or State Cooperative Bank and the Account shall be jointly’' slrail be substituted.
7. Amendment of section 19 In Section 19 ot- the principal Act, (1 ) thr sub-scctic)n lranrcl\''. -
(2). the followinu stlb-section slla tt he substituted:
(2) Every 1:)istrict Road Safety C'olnluiuee shall consist ot' Lhc i-ollowing lnelnbers: llalncly,-
(a) -FIre I)eputy C-olnlnissioncr (Ex- OKlcio) : C-trainnan
(b) C-olnlnissioner of Police/Superintendent of Police : Member
(c) Chief Medical (-)lllcer of A & FW ( Ex-OfT’ICiO) : Mcnrbcr {d) [:xectltive Engineer (Roads & Bridges) : Melnbel
(c) [-:\ccuti\'e F.ngineel'( National Highways) : Melnbct ( !) Representative of Regional Once (MoR-l-l"l ) : Member
(g) Project Director (NHA 1) : Member (h ) AdIni n istrator. Municipal / Town C-onrmittccs : Mclnbcl
(i) At least one Civil Society C)rgani/ali011 (CSO) or any Non-(iovcrnlncnt ( )i-gan i>cation (N(;o ) working oil ilnprovillg road safety ill tIle State a) liegional..'-'I)isLrict --l'ransport OJliccr ( k) High w'ay Adlninistrator of State 1'-1 igh\\ ays & Major District Roads (M DRs) Member : Member Secretary : Member
(11) after sub-section (2 ). the l’ollowing sub-section shall be inserted: namely.- (2 A) Functions of the District Road Szrfc'ty C-onlln itt.ccs: -
(a) Peri(>dic re\ ic\\ ol' road accidents in the district
(b) N'lonitor thc ilnplCIncntaLion of State Road Safety policy and the taructs sct under it 65 The Nagaland Gazette, Part-V October 30, 2024 ( c) Imptelrlcnl directions of the SC'(;oRS. (;(r\crlrlncnt of India and the State (;overnlnent as may be issued Itolu tilnc tc) tilnc on matters of road safety, (d ) (C) Inljrlenrentation of decisions of the Naga land Road Safety Authority in the district.
Regular track and update State Road Sat'cty Council on details of Road C'rtlshcs that t(>ok place in the district. which shall include:
Dctails of the \ chicle ii. Cause of crash iii. Details of spot investigation, evidence. i f any.
iv. 1)cta iIs of C)fl-enders (i l’ any).
v. Details oi'Victin1,''s and viclinrs latest condition.
vi. -Types of injury caused.
vii. FIR registered il'any.
( f) Ptlblish road accident data on monthly basis (in public domain on:
Fhc district website portal (to be w'idely publicized) Fhe MoR-FH P01lal. \ http : .'/nIorlh-rocltl\tllCI v. nic. in ;ctlishcl,’inclex.CIS-pX\11.
(g) ( h )
(1) Develop a district road safety plan.
Ensure forensic crash investjgatiolr under Section 135 A of the Motor Vehicles Act for all mass fatality crashes in the district.
Ensure olrtilnal placements of ambulatlccs to help inrpro\'c response tinrc and handover time to hospitals.
(J )
(k) Ensure adequate availability of difFerent anlbulancc types as per historic caseload in the district.
Prepare an Enlergency Medical Plan t-or IIla>is t’atality accidents in the district .
(1) f-insure linkage between hospitals and alnhLllanccs through setting up a prior noti{icatic)n system. Ensure linkages bct\\ ecn !rospitals to find otlt the availability of beds in case of elncl'gency.
Act as the nodal body t-or placing, rcquircnrcnt''s and disbLlrsal oF road saFety funds and interact with Nagaland Road Safety Authority as and u'hc n required .
Pro\ idc regular inputs to the Nagaldlrd Road Safety Authority/Lead Agency of State and recolrrlnelrd road safety measures especially with regard to identifIcation of nlajor accident prone areas,/ Black spots etc, and also in paris regarding the ilnportant of 4Es, viz. Engineering.
t-:dttcatiolr, Ent'orccnlent & Enrcrgcncy ( nl ) ( n ) (0 )
(p) Prt)mc)IC (jood Sa!tlarita11s to assist the road accidents victims.
Provide suggestion(s) to State Govcrnlrlcnt as and \\hen requested to l-(rrli Itt late or amend:- 1 It.
Rules under Section 1 07, Section ] 38. Section 1 76. Scction 2 IOI), Section 2 ISD of the Motor Vehicles (Anlcndlnent) Act, 20 1 9 Schemes under Section 135 of the Motor Vehicles (Anrcndnrcnt) Act. 20 1 9.
October 30, 2024 The Nagaland Gazette, Part-V 66 'I-HE NAGALAND ROAD SAFE’I’Y AU’I-MORI’I-Y (SECOND AMENDMENT) BILL. 2024 (As passed by the Nagaland Legislative Assembly on the 291l1 August, 2024) I'his Bi it was passed by the Nagaltind I..egislativc Assembly on 29. 08. 2024.
ScI/- SHARINGAIN I,ONGKUMER SPEAKER Nagiilund Legislative Assembly Koh ima.
I' llc 29-08-2024 1 assent to this Bill Sd/- LA CANES/\ N C) 0 Vi': RNO 1{ KL>hi in a.
the 05-1 O-2024