8 Uttar Pradesh Shasan Parivahan Anubhag-3 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no- 49 /2002/xxx-3-2014-32M/2013T.C., dated 24 July, 2014:
Notification No. 49/2002/XXX-3-2014-32M/2013T.C.
Lucknow : Dated: 24 July, 2014 IN exercise of the powers under section-138 of the Motor Vehicles Act, 1988 (Act no. 59 of 1988) read with section 21 of the General Clauses Act, 1897 (Act no. 10 of 1897), the Governor is pleased to make the following rules after previous publication in the Gazette vide Government notification no. 41/1577/XXX-3-2014-32M/2013T.C., dated June 16, 2014 as required under sub-rule (1) of section 212 of the said Act.
THE UTTAR PRADESH ROAD SAFETY FUND RULES, 2014 Short title and commencement 1- (1) These rules may be called the Uttar Pradesh Road Safety Fund Rules, 2014.
(2) They shall come into force with effect from the date of their publication in the Gazette.
Establishment of the Road Safety Fund and utilization thereof 2- (1) There shall be established a Fund by the State Government with the object of strengthening road safety and implementation of road safety measures in Uttar Pradesh to be known as the Uttar Pradesh Road Safety Fund.
(2) The amount credited to the Fund shall be utilized,
(a) to take necessary steps for safe plying of vehicles and secure movement of road users on all National, State Highways and Urban Roads,
(b) to identify accident prone places and take corrective measures for them,
(c) to collect and analyze road accident data,
(d) to take steps for making Licensing System of Motor Driving effective,
(e) to impart knowledge of traffic rules and create awakening among the public,
(f) to provide equipments for enforcement and controlling road accidents.
Definitions 3- In these rules, unless the context otherwise requires-
(a) "Fund" means the Uttar Pradesh Road Safety Fund;
(b) "Financial Year" means a period of twelve months commencing on the first day of April of a calendar year.
(c) "Act" means the Motor Vehicle Act, 1988.
(d) "State" means the State of Uttar Pradesh.
Accounting and classification of Fund and Financial Procedure 4- (1) The Fund shall be established by opening one separate subhead "03-Uttar Pradesh road safety fund" under Head of Account "8235-Samanya tatha anya arakshit nidhiyan-200-Anya nidhiyan-03-Uttar Pradesh Sadak Suraksha Kosh".
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(2) The amount to be transferred to the Fund shall be shown under Grant no- 26 of Home (Police) Department under the Head of Account "2055-Police- 797-arakshit nidhiyon/jama lekhon ko antaran-04 Uttar Pradesh Sadak Suraksha Kosh ko antaran-48-antarlekha sankraman and anudan sankhya- 43-parivahan Vibhag ke lekha shirshak "3055-Sadak Parivahan-797- arakshit nidhiyon/jama lekhon ko antaran-04-Uttar Pradesh Sadak Suraksha Kosh ko antaran-48-antarlekha sankraman" shall be shown.
(3) For expenditure from the Fund on the above noted objectives, the necessary provisions shall be made on the Home (Police) Department's- Grant No-26, Account head "2055-police-800-anya vaya-15-Uttar Pradesh Sadak Suraksha Kosh se vyaya-42-Anya vyaya" and "4055-Police par poonjigat parivaya-207-rajya police-13-Uttar Pradesh Sadak Surakcha Kosh se vyaya-26-machinein aur sajja/upkaran aur sanyantra" and Transport Department, Grant No.-43 "3055-Sadak Parivahan-800-anya vyaya-05-Uttar Pradesh Sadak Suraksha Kosh se vyaya-42-anya vyaya" and "5055-sadak parivahan par poonjigat parivyaya-800-anya vyay-05- Uttar Pradesh Sadak Suraksha Kosh se vyay-26-machinein aur sajja/upkaran aur sanyantra."
The expenditure shall be debited to the above working head simultaneously and amount of the expenditure shall be shown under the working Head Part-4 and also in the amount completed from Uttar Pradesh Road Safety Fund.
At the end of the year, the above spent amount shall be booked in the debit side of the head-"8235-Samanaya tatha anya arakshit nidhiyan-200- anya nidhiyon ke adhin ek prathak upshirsh'' 03-Uttar Pradesh Sadak Suraksha Kosh'' of the above fund.
Source of Fund 5- (1)
(2) The entire amount collected by the Police and Transport Department by compounding under the Motor Vehicle Act, 1988 shall be deposited in the account Head ''0041-Vahan kar-101-Bhartiya Motoryan Adhiniyam ke antargat praptiyan-02-Prashman shulk se praptiyan-03-jurmane aadi se praptiyan-0301-Parivahan vibhag dwara vasuli gayi dhanrashi-0302-Police vibhag (Yatayat police/Nagrik police) dwara vasuli gayi dhanrashi" 50 percent of the amount which is collected in any financial year by this way, shall be deposited by the Transport and Police departments, by Budget provision in the next financial year, as per rule.
(3) If any financial contribution is made to the Fund by the Uttar Pradesh Government or the Government of India it shall also be deposited in the Fund.
Territorial limit 6- Such works as are admissible under these rules shall be done in the whole of Uttar Pradesh.
Management Committee of the Fund 7- (1) The Administrative Department for the Fund shall be the Transport Department and the Fund shall be operated by the committee constituted as follows-
1. the Chief Secretary, Government of Uttar Pradesh.
Chairman 10
2. the Principal Secretary Home, Department of Uttar Pradesh.
Member
3. the Principal Secretary, Transport Department, Uttar Pradesh.
Member
4. the Principal Secretary, Medical and Health Department, Uttar Pradesh.
Member
5. the Principal Secretary, Finance Department, Uttar Pradesh.
Member
6. the Principal Secretary and LR Judicial Department, Uttar Pradesh.
Member
7. the Principal Secretary, Public Works Department, Uttar Pradesh.
Member
8. the Principal Secretary, Nagar Vikas Department, Uttar Pradesh.
Member
9. the Principal Secretary, Basic Education Department, Uttar Pradesh.
Member
10. the Director General of Police, Uttar Pradesh.
Member
11. the Transport Commissioner, Uttar Pradesh.
Secretary
12. the Director, Traffic Police, Uttar Pradesh.
Co-Secretary
13. the Member nominated by the Ministry of Road Transport and Highways, Government of India.
Member
(2) This committee shall be called "The Management Committee of the Fund". All the members of the Committee shall be Ex-officio.
(3) The Management Committee of the Fund shall meet at least once in every quarter of a Financial Year.
(4) The quorum of a sitting of the Management Committee of the Fund shall be of six members.
Rights and duties of the Management Committee of the Fund 8- (1) The Committee shall select and approve the schemes to be financed from this fund.
(2) The Committee shall monitor the physical and financial progress of the sanctioned schemes.
(3) The Committee shall ensure maintenance of accounts of the Fund in accordance with the rules.
Conditions for the schemes to be financed from the Fund 9- The conditions for the schemes to be financed from the Fund shall be as follows:-
(a) Selection of the schemes shall be made on such norms as may be determined from time to time by the State Government;
(b) Only such schemes/plans shall be financed from the amount of the Fund which may be completed in only one stretch;
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(c) Payment of the salaries of the general personnel and establishment/office expenditure of road safety cell shall be made from the Fund with approval of the management committee of the Fund;
(d) In no circumstances any amount from this Fund shall be invested under fixed deposit schemes or for giving loans for earning interest;
(e) The amount sanctioned from the Fund shall be utilized for the same purpose for which it has been sanctioned.
Scheme/Work to be done by the Fund 10- The following schemes/works may be financed with the Fund:-
(a) Work related to road safety measures which shall be :-
(i) to install mandatory/regulatory, cautionary and informative road signboards, various traffic signals etc. including their maintenance as per immediate local needs, in the interest of public safety and to reduce mortality in case of accidents, where it is not possible for other departments to install/maintain;
(ii) to set up "Road Accident Data Base Management System" for reporting and making analysis of road accidents data and controlling road accidents;
(iii) to reimburse expenditure incurred on the transportation of the injured persons in road accidents, to hospitals;
(iv) to purchase and maintain ambulances, other accessories, salary of driver and expenditure on fuel etc. of the ambulances, to provide immediate medical relief to persons injured in accidents;
for the above purpose the expenditure to be made from the Grant No.43 of Parivahan vibhag lekhashirsha-"3055-Sadak parivahan-800-Anya vyaya -05-Uttar Pradesh Sadak Suraksha Kosh se vyay-42-Anya vyaya"
(v) to take corrective/reformatory measures after studying the causes of road accidents and identifying accident prone places;
(vi) to purchase and maintain equipments for traffic management and road safety;
(vii) to provide additional money to the Police Department for the maintenance and use of cranes available with them;
(viii) to set up Driving Test Track in Transport Offices for strengthening Driving License System;
(ix) to set up Vehicle Inspection Pits in Transport Offices for checking fitness of Commercial Vehicles.
(x) to provide Mobile Testing Equipments for checking of CNG operated vehicles;
(xi) to do any other work to strengthen road safety measures and traffic management which the Management Committee of the Fund deems proper and useful.
(b) Work related to Traffic Education which shall be :-
(i) to establish in collaboration with other departments or otherwise the traffic education parks;
(ii) to make wide publicity of traffic rules in public;
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(iii) to organize various competitions amongst youngsters for imparting knowledge of traffic rules;
(iv) to prepare publicity materials related to traffic management;
(v) to purchase and maintain equipments related to traffic education;
(vi) to purchase publicity vans equipped with audio-video equipments/computer and other accessories and utilize them to impart traffic education to public at large;
(vii) to organize of road safety exhibitions;
(viii) to organize "Traffic Weeks", "Traffic Months", "Traffic Quarters" and other activities such as traffic seminars, meetings, rallies, competitions and other related programmes etc. in the districts of Uttar Pradesh;
(ix) to organize traffic related training for different ranks of police, transport and Nagar Vikas officers/staff;
(x) to conduct studies to improve Traffic Management for controlling road accidents in big cities of the State.
(C) Work related to Traffic Enforcement which shall be;
to purchase, operate and maintain modern traffic enforcement equipments etc.
Procedure for submission of proposals to the Management Committee of the Fund 11- (1) The Transport Commissioner shall put up proposals/ schemes received from the field officers of transport, police, public works departments in districts or prepared suo-moto before the Management Committee of the Fund after due examination;
(2) Formal administrative and financial sanction shall be issued by the Transport Department for financing the schemes/projects after approval thereof from the Management Committee of the Fund;
Responsibilities for execution of schemes financed from the Fund 12- (1) The Transport Commissioner shall co-ordinate the necessary work related to the successful execution of schemes. The Head of Department concerned shall be responsible for implementing and regular monitoring of construction, maintenance and repairs of useful equipments financed from the Fund;
(2) Heads of the departments concerned shall be responsible for successful implementation of schemes within the area of their respective jurisdiction. They shall supervise, monitor and review physical and financial progress of the schemes. The senior most district level officer of respective department shall also be responsible for issuing completion certificate of the scheme;
(3) Store Purchase Rules and other Government Orders issued from time to time shall be complied with in the cases of purchases with respect to the approved works.
Maintenance of Fund and Audit 13- (1) Finance Controller in the Transport Commissioner office shall properly maintain accounts of the expenditure incurred from the Fund in accordance with the provisions of U.P. Financial Hand Book and the Treasury Rules and accounts be reconciled with the records of the office 13 of Accountant General (Accounts and Entitlements) I, Allahabad. Before the closer of annual accounts, performance of reconcile work and making available the orders relating to adjustments to the Accountant General (Accounts and Entitlements) I, Allahabad shall be done simultaneously;
(2) With regard to the surrender of the balance/unutilized money left in the fund to the Consolidated Fund of the State from the amount transferred to the Fund at the end of the Financial Year, the arrangement shall be that such expenditure be incurred as per rules from the amount transferred from Revenue Account to the Public Account of the Fund. The amount shall remain in the Fund in case it is unutilized. Such amount shall not be surrendered at the end of the Financial Year. In case of unutilized amount as the provisions of expenditure from the Fund under operating Head (Revenue or Capital Expenditure as the case may be), the same shall be surrendered as per rule;
(3) The amount of the Fund shall not be invested in any scheme rather it shall be utilized for the works mentioned in rule-10;
(4) These accounts shall be audited by the Accountant General (Audit), Uttar Pradesh, Allahabad;
(5) Detailed report of income of, and the expenditure from, the Fund shall be submitted by Transport Commissioner, Uttar Pradesh to the State Government from time to time and as may be required;
(6) If the amount allotted from the Fund for the works/heads in a Financial Year is not spent in the end of the Financial Year, the balance amount shall be surrendered under appropriate account head within the stipulated period and the information regarding the same shall be made available to the office of Accountant General (Accounts and Entitlements)
(1), Uttar Pradesh, Allahabad;
(7) If any modification/change/amendment is to be made in these rules it may be done with the prior consent of the Accountant General, Uttar Pradesh, Allahabad.
By Order, sd/- (Kumar Arvind Singh Dev) Principal Secretary.