(Act No. 17 of 2017)
An Act was enacted to establish the Bangladesh Road Transport Authority and make provisions for the purpose of a smooth, planned, and modernised motor vehicle and road transport system in Bangladesh.
Whereas it is expedient and necessary to establish the Bangladesh Road Transport Authority and to make provisions in relation thereto in order to streamline, plan and modernise the motor vehicle and road transport system of Bangladesh;
Therefore, it is hereby enacted as follows:
Short title and introduction
- (1) This Act shall be known as the Bangladesh Road Transport Authority Act, 2017.
*(2) This Act shall come into force on such date as the government may, by notification in the Official Gazette, specify.
Definition
- Unless there is anything contrary to the subject or context, in this Act—
(a) “outsourcing” means the carrying out of any specialised work or service of the Authority by any body, institution or person other than the Authority in accordance with Government regulations;
(b) “Advisory Council” means the Advisory Council constituted under section 10;
(c) “Authority” means the Bangladesh Road Transport Authority established under section 4;
(d) “company” means a company registered under the Companies Act;
(e) “Chairman” means the Chairman of the Finance Authority;
(f) “Board of Directors” means the Board of Directors constituted under section 13;
(g) “regulations” means regulations made under section 26;
(h) “rules” means rules made under section 25;
(j) “member” means any member of the Advisory Council or the Governing Council constituted under this Act; And
(j) “Chairman” means the Chairman of the Finance Advisory Council or the Board of Directors;
Rule of law
- Notwithstanding anything contained in any other law, contract, or other instrument having the force of law for the time being in force, the provisions of this Act shall prevail.
Establishment of authority
- If the Bangladesh Road Transport Authority was set up under Section 2A of Chapter IA of the Motor Vehicles Ordinance, 1983 (Ord. No. LV of 1983), it will still exist for the purposes of this Act as if it had been set up under this Act.
(2) The Authority will be a legal public body with a common seal and the power to buy, hold, and transfer property, both movable and immovable, as long as it does not break the law. It can also sue in its own name, and a case will also be filed against it in that name.
Authority office
- (1) The head office of the authority shall be in Dhaka.
(2) The Authority may, if necessary, with the prior approval of the Government, establish its subordinate or branch office at any place in Bangladesh.
Aims and objectives of the authority
- The aims and objectives of the authority shall be as follows:
(a) Development of modern technology-based, orderly and efficient road transport service system;
(b) Making the road transport system safe and environmentally friendly;
(c) reduction of road accidents by formulating and implementing plans related to road safety, creating efficient drivers, and raising public awareness by undertaking technical and educational activities.
Administration and operation of the authority
- (1) The administration and activities of the authority shall be conducted in accordance with the organisational structure approved by the government.
(2) The Authority shall follow the existing laws, rules, regulations, etc. and the directions given by the Governing Council in the conduct of its administration and activities.
Functions of authorities
- The functions of the Authority shall be as follows:
(a) issue of driving licence, registration of motor vehicle, fitness certificate, driving instructor licence, route permit, etc.;
(b) providing registration of motor vehicle manufacturing and assembly establishments, motor vehicle dealers, motor vehicle workshops, driving training schools, motor vehicle pollution testing establishments, etc.;
(c) supervision and control of passenger and goods transport service activities;
(d) providing inspection reports for repairing and declaring government motor vehicles useless;
(e) issuing inspection reports of motor vehicles involved in road accidents;
(f) undertake activities related to road safety;
(g) prescribing traffic signs, signals, speed limits, etc.;
(h) formulation and implementation of integrated route network plans in areas other than Dhaka Transport Coordination Authority (DTCA) jurisdiction;
(j) approval of samples of types and classes of motor vehicles and regulation of construction and movement thereof;
(j) determination and regulation of axle load and weight limits of motor vehicles;
(k) formation of Regional Transport Committee and supervision, inspection and coordination of its activities;
(l) collection of motor vehicle taxes and fees and fixing of motor vehicle fees with the prior approval of the Government;
(d) making recommendations regarding the determination of public transport fares;
(d) determining and controlling the number of motor vehicles and public transport within any area or jurisdiction with the prior approval of the Government;
(n) any other work relevant to any of the above-mentioned matters; And
(c) Other duties assigned by the government under any other law, rule, or regulation concerned
Power of authority
- The powers of the Authority shall be as follows, namely:
(1) In the interests of road safety, it may compel the motor vehicle and its driver to undergo such tests as it thinks fit and may take such measures as it thinks fit.
(2) The authority shall re-review the motor vehicle registration certificate, fitness certificate, route permit, driving licence, etc. issued by any of its subordinate offices and take such measures as may be directed by the subordinate office.
Advisory Council and its composition
- (1) For the purposes of this Act, there shall be an advisory council, and the said advisory council shall consist of the following members, namely:
(a) the Minister, Ministry of Road Transport and Bridges, who shall also be its Chairman;
(b) Mayor, Dhaka North City Corporation;
(c) Mayor, Dhaka South City Corporation;
(d) the Secretary, Road Transport and Highways Department;
(e) Secretary, Ministry of Home Affairs;
(f) Secretary, Local Government Department;
(g) the Secretary, Ministry of Commerce;
(h) Secretary, Ministry of Housing and Public Works;
(j) Secretary, Ministry of Railways;
(j) Secretary, Ministry of Shipping;
(k) Secretary, Bridges Department;
(l) Inspector General of Police, Bangladesh Police;
(d) Chief Engineer, Roads and Highways Department;
(d) Executive Director, Dhaka Transport Coordination Authority;
(n) an expert representative on road safety matters nominated by the Government;
(m) a representative of the Road Transport Owners Association nominated by the Government;
(th) a representative of the road transport trade union nominated by the Government; And
(d) the Chairman of the Authority, who shall also be its Member-Secretary.
(2) The government may, by notification in the Official Gazette, co-opt any person as a member of the Advisory Council for the purposes and for the period specified in the notification.
Functions of Advisory Council, etc
- (1) The functions of the Advisory Council shall be as follows, namely:
(a) prescribing policies consistent with the aims and objectives of the Authority;
(b) formulation of short-, medium-, and long-term road safety plans;
(c) provide direction for developing and implementing strategies for road safety provision;
(d) Advising on accident reduction;
(e) coordination of inter-ministerial, departmental, or agency related matters;
(f) taking initiatives to establish order in the transport sector;
(g) identify and suggest implementation of reform activities aimed at establishing efficient public transport system that is people-friendly, cost-effective and time-saving;
(h) disposal of matters referred by the government from time to time.
(2) The authority shall implement the policies, recommendations, instructions, etc. formulated by the Advisory Council.
Advisory Council meeting
- (1) The meeting of the Advisory Council shall be held once every four (four) months, but the meeting may be held at any time in case of urgent need.
(2) The President of the Advisory Council shall preside at all its meetings and, in his absence, shall preside at any meeting of any member so empowered.
(3) The Member-Secretary of the Advisory Council shall, in consultation with its President, convene a meeting of the Advisory Council, and such meeting shall be held at the time and place specified by the President of the Advisory Council.
(4) The Advisory Council may invite any person who is able or competent to make a special contribution to any discussion in its meeting, and any person so invited may participate in the discussion in the meeting.
(5) No question shall be raised that any act or proceeding of the Advisory Council shall be invalid merely because of a vacancy in any member of the Advisory Council or an error in the constitution of the Advisory Council.
Board of Directors and its composition
- The Authority shall have a Board of Directors and the Board of Directors shall consist of the following members, namely:
(a) the Chairman of the Authority, who shall also be its President;
(b) One (1) employee below the rank of Joint Secretary that the Ministry of Home Affairs has nominated;
(c) One (1) employee below the rank of Joint Secretary that the Ministry of Commerce has nominated;
- d) One employee with the rank of Joint Secretary that the Department of Road Transport and Highways has nominated;
(e) One employee with the rank of Joint Secretary or below, proposed by the Finance Department;
(f) 2 (two) employees of the rank of Director below nominated by the Authority; And
(g) The Secretary of the Authority, who shall also be its Member-Secretary.
Functions of the Board of Directors
- The functions of the Board of Directors shall be as follows, namely:
(a) To properly manage and conduct the activities of the Authority in compliance with existing laws, rules, policies, guidelines, etc. and notifications, circulars, office orders, letters, etc. issued by the Government from time to time;
(b) to implement the decisions and recommendations of the Advisory Council;
(c) any other activities consistent with the aims and objectives of the authority.
Board of Directors meeting
- (1) The meeting of the Board of Directors shall be held once every three months, but the meeting shall be held at any time in case of urgent need.
(2) The President of the Board of Directors shall preside at all its meetings and, in his absence, shall preside at any member’s meeting so empowered.
(3) The President shall specify the time and location of the Board of Directors’ meeting.
(4) The quorum of the meeting shall be the majority of the members, including at least one outside member.
(5) No act or proceedings of the Board of Directors shall be invalid or any question shall be raised merely because of a vacancy in the post of a member of the Board of Directors or a defect in the constitution of the Board.
Chairman
- (1) The authority shall have a chairman.
(2) The Chairman shall be appointed by the Government from amongst the employees of the Republic, and his terms of service shall be fixed by the Government.
(3) The Chairman shall be the chief executive officer of the Authority and shall be responsible for the administration of the Authority in accordance with the provisions of this Act and the rules and regulations made thereunder.
(4) If the post of Chairman becomes vacant or if the Chairman is unable to perform his duties due to absence or any other reason, an employee nominated by the Government shall perform the duties of the Chairman until the newly appointed Chairman assumes the duties of the vacant post or until the Chairman is able to perform his duties again.
Formation of committee
- In order to assist in the efficient performance of its functions, the authority may, if necessary, form one or more committees consisting of skilled or experienced persons, and the number of members, functions, and scope of the said committee shall be determined by the authority.
Recruitment of employees, etc
- (1) The authority may appoint employees in accordance with the organisational structure approved by the government for the proper performance of its functions.
(2) The employees of the Authority shall be deemed to be employees of the Republic.
(3) The terms and conditions of employment and the employment of all employees of the Authority shall be determined by the Employment Rules.
Annual budget statement
- Within the time frame that the government specifies every financial year, the authority must prepare the annual budget for the following fiscal year and submit it to the government.
Accounting and auditing
- (1) The authority shall properly maintain its accounts, prepare an annual statement of accounts, and submit to the government.
(2) The Chairman shall cause the income and expenditure accounts of each financial year to be audited by the Authority’s own auditor, and the auditor shall submit a copy of the audit report to the Authority.
(3) If any objection is raised to the audit report referred to in sub-section (2), the authority shall immediately take appropriate measures for its disposal.
(4) All expenses of the authority shall be paid on a pre-audit basis.
(5) The Auditor-General and Comptroller of Bangladesh, hereinafter referred to as the Auditor-General and Comptroller, shall audit the accounts of the Authority every financial year and submit a copy of the audit report to the Government and the Authority.
(6) For the purpose of auditing the accounts in accordance with sub-section (5), the Auditor General and Comptroller or any person authorised by him for that purpose may inspect all records, documents, cash and bank deposits, securities, stocks, and other property of the authority, and the chairman of the authority and other employees of the authority can be interrogated.
Power to form companies
- The Authority may, with the prior approval of the Government, form one or more companies under the Companies Act, 1994 (Act No. 18 of 1994).
Ability to outsource
- Authorities can outsource their work or services, following government regulations.
Ability to give instructions
- The government may, from time to time, direct the authority to take such action as it may consider fit, and the authority shall be bound to comply with the same.
handover
24 The Authority may, if necessary, by general or special order in writing, subject to the conditions, if any, specified in the said order, delegate any of its powers under this Act to the Chairman, any member of the Board of Directors, or any employee of the Authority.
Power to make rules
- For carrying out the purposes of this Act, the government may, by notification in the Official Gazette, make rules consistent with this Act.
Power to make regulations
- For carrying out the purposes of this Act, the Authority may, with the prior approval of the Government and by notification in the Official Gazette, make regulations consistent with this Act or rules made thereunder.
Revocation and Custody
- (1) The Motor Vehicles Ordinance, Chapter IA of 1983 (Ord. No. LV of 1983), is hereby repealed.
(2) Notwithstanding such repeal,
(a) all assets, powers, authority, facilities, movable and immovable property, cash and bank deposits, projects and all other claims and rights as assets, powers, authorities, facilities, property, money, projects and claims and rights of the Authority shall be considered.
(b) all debts and liabilities shall be deemed to be debts and liabilities of the Authority;
(c) any suit, proceeding taken or proceeding instituted against or by him, if pending, shall continue and be discharged as if it had been instituted, instituted or instituted against or by the authority under this Act;
(d) all contracts and instruments to which the Authority was a party shall remain in force and effect in favour of or against the Authority as if the Authority had been a party thereto;
(e) All rules, regulations, orders, directives, policies, or instruments applicable to the case shall remain in force; but to the extent that they are inconsistent with this law, they will be considered null and void.
Reliable English lessons
- (1) After the promulgation of this Act, the government shall, by notification in the Official Gazette, publish an authentic English text of this Act.
(2) In cases of conflict between the English and Bengali texts, the Bengali text shall prevail.