DTCA Act

The bill is proposed to create an Act to establish Dhaka Transport Co-ordination Authority and to enact laws on concerned issues incorporating Dhaka, Narayanganj, Munshiganj, Manikganj, Gazipur and Narshingdi districts to make the transport system of Dhaka City into a proper, planned, co-coordinated and modernized.

Whether it is pertinent and necessary to establish Dhaka Transport Co-ordination Authority and to enact laws on concerned issues incorporating Dhaka, Narayanganj, Munshiganj, Manikganj, Gazipur and Narshingdi districts to make the transport system of Dhaka City into a proper, planned, co-coordinated and modernized;

Short Title(1) This Act would be called as ‘Dhaka Transport Coordination Authority Act, 2012’;

(2) It would be effective immediately.

Definition.—In this Act, unless there is nothing repugnant in the subject or context-

  • ‘Act’ means Town Improvement Act, 1953 (E.B Act XIII of 1953);
  • ‘Authority’ means ‘Dhaka Transport Coordination Authority’ formed under this act section 4;
  • ‘Mass Transit’ means passenger transport system in order to transport people of all walks;
  • ‘Chairman’ means chairman of Board of Directors;
  • ‘Detail Area Plan (DAP)’ means a detailed area based plan prepared by RajdhaniUnnayanKartripakshain light of Master Plan under Act 1953;
  • ‘Dhaka’ means under section 1(2) of the Act, the area of Dhaka city and the district administrative area of Dhaka, Narayanganj, Narsingdi, Munshiganj, &Gazipur will be included into this;
  • ‘Dhaka Metropolitan Area’ means the designed area according to section 73 (2) of Act-1953;
  • ‘Executive Director’ means the executive director of the authority under section 12;
  • ‘Board of Directors’ means Board of Directors formed under section 7;
  • ‘Transport’ means a system to transit passenger and goods in government or private vehicles;
  • ‘Vice Chairman’ means vice chairman of Board of Directors;
  • ‘Vehicle’ means the motorized transport medium for transfer of passenger and goods;
  • ‘Member’ means a member of Board of Directors;
  • ‘Secretary’ means secretary of Board of Directors;
  • ‘Strategic Transport Plan (STP)’ means Strategic Transport Plan prepared for Dhaka.

Preference of the Act-the provisions of this act will get preference over whatever is mentioned in any other existing effective laws, agreement, or any other deed/documents pertaining the power of the act.

 

Establishment of the Authority

(1) After the Act come into effect, as soon as possible the government, through gazette notification, would establish an authority named as ‘Dhaka Transport Coordination Authority’ to fulfill the aim and purpose of this Act.

(2) The Authority would be a statutory organization and it would have a stable continuity and a common seal and it would be entitled power to avail, posses and transfer assets of both movable and immovable properties and may sue in favor or against of its name.

 

Head Office.—Head Office of the authority would be situated in Dhaka and if necessary, it may set up any branch office in any place of Bangladesh with prior permission of the government.

Operations and Administration of the Authority.—

(1) Operations and Administration of Authority’s activities would be on the governing Council formed under section 7.

(2) Governing Council in discharging it duties will follow the instruction issued by the government time to time .

Formation of Governing Council.—Governing Council would be formed with the following members, such as:-

  • Minister, Ministry of Road Transport and Bridges, who would also be the chairman of it;
  • Mayor, Dhaka South City Corporation, ex-officio, who will also be the vice-chairman of it;
  • Mayor, Dhaka North City Corporation, ex-officio, who will also be the vice-chairman of it; Mayor,
  • Three Parliament members nominated by the Government;
  • Secretary, Road Transport and Highways Division, Ministry of  Road Transport and Bridges, ex-officio;
  • Secretary, Railway Division, Ministry of Railway, ex-officio;
  • Secretary, Local Government Division, Ministry of Local Government and Rural Development & Co-operative, ex-officio;
  • Secretary, Ministry of Home Affairs, ex-officio;
  • Secretary, Ministry of Shipping, ex-officio;
  • Secretary, Ministry of Environment and Forest, ex-officio;
  • Secretary, Bridge Division, Ministry of Communication, ex-officio;
  • Inspector General of Police, Bangladesh Police, ex-officio;
  • Chief Engineer, Roads and Highways Department, ex-officio;
  • Director General, Bangladesh Railway, ex-officio;
  • Chairman, Bangladesh Road Transport Corporation, ex-officio;
  • Divisional Commissioner, Dhaka Division, ex-officio;
  • Chairman, RajdhaniUnnayanKartipaksha, ex-officio;
  • Chairman, Bangladesh Inland Water Transport Authority, ex-officio;
  • Chairman, Bangladesh Road Transport Authority, ex-officio;
  • Mayor, NarayanganjCity Corporation, ex-officio;
  • Mayor, ManikgangjPourashava, ex-officio;
  • Mayor, MunshiganjPourashava, ex-officio;
  • Mayor, NarshingdiPourashava, ex-officio;
  • Mayor, GazipurPourashava, ex-officio;
  • Mayor, TongiPourashava, ex-officio;
  • Mayor, SavarPourashava, ex-officio;
  • President, Bangladesh Road Transport Association, ex-officio;
  • President, Bangladesh Road Transport Labor Federation, ex-officio;
  • President, Bangladesh Bus-Truck Owner Association, ex-officio;
  • Executive Director of the Authority, he would be the secretary also.

 

Aim and Objectives of the Authority.–Aim and Objectives of the Authority would be as follows:-

(a) To adopt a strategic Planand provide inter-authority cooperation and coordination in transport sector of Dhaka in order to alleviate traffic congestion in Dhaka metropolitan area.

(b) To provide guidelines and suggestions to implement transport policy and plan concerned to Public Transport of Dhaka City;

(c) To coordinate development plans of vehicles, transport and related infrastructure with the overall development policy-strategy of Dhaka according to the approved and published master plan under section 74 (1) of Act-1953;

(d) To provide suggestions to landuse individuals or organizations, public service provider organizations and all concerned to transports and take necessary measures in this regard for the purpose of implementing a secured-coordinated transport system in Dhaka;

 

Power and Functions of the Authority.—Followings are the Power and Functions of the Authority, such as:

  • To formulate transport policy and schemes, authorization and to prepare Transport Master plan and to monitor of its implementation activities in order to alleviate traffic congestion in Dhaka Metropolitan City;
  • Provide specific guidelines to government and private transport management system with ensuring better transportation service;
  • Approval of the final designs of schemes concerned to transport to be implemented by different authority/organizations;
  • Management of transportation, vehicle, roads, footpath, area adjacent to road in Dhaka and formulation of parking policy, considering the published Master planunder section 74 (1) of the Act, DAP, STP and other studies;
  • Formulation of policy relevant to pedestrian’s movement security on the roads and coordination to implementit;
  • Approval of design and supervision of entry-exit arrangement of vehicles and traffic circulation plan in any multi-storied building and residential projects to be constructed by any individual or organization;
  • Provide suggestion to concerned authority about any construction of infrastructure which create obstacle in smooth transportation system and to remove any constructed infrastructure creating obstacles;
  • Formulation of policy to control all type of vehicles owned by private individuals and government non-government transport, formulation of instructions to implement such policy and accomplishment of necessary agreement with the firm or organization running the transport;
  • Provide necessary suggestions to concerned organizations toadopt plans and implementation for the development of traffic movement;
  • Formulation of transport security policy to ensure public safety during utilizations of transport;
  • Formulation of environmental policy of all class & types of vehicles and provides instructions and suggestions to implement it;
  • Provide suggestions about transport taxation and other financial issues;
  • Formulation of vehicle and transport engineering schemes and approval of it;
  • Approval of parking plan and designfor vehicle parking facilities and for vehicle movements respectively;
  • Formulation of plans to set up depots, terminals etc. and provide suggestions about its implementation and supervision;
  • Formulation of policy to create skilled manpower in transport sector and its implementation and supervision;
  • Determination of numbers and categories of different types of vehicles;
  • To provide assistance to concerned organization and authority about enforcing Road Transport and Traffic Act;
  • Provide assistance and suggestions to curb environmental pollution created by movements of unfit vehicles;
  • Formulation of policy and projects for Mass Rapid Transit system, if necessary, implementation it and provide suggestions to concerned organizations and supervision;
  • Formulation of route planning for different transport and formulation of policy and planning about route and lane determination and its implementation;
  • Formulation of anintegrated planning to build up connectivity of land transport with water ways and provide recommendations to concerned authority for its implementation;
  • Formulation of planning, implementation and approval strategy for transport operational activities, fare fixing and for other related activities for transportation operated by government, non-government or public-private partnership to operate Bus Rapid Transit, Metro Rail, and bus or rail (metro/mono/circular/commuter) or expressway (including high capacity lane or vehicles) through route rent or lease (route franchise) under Mass Rapid Transit system to provide rapid and improved service;
  • Campaign andexchange of information about public transport system;
  • Accomplishment of any agreement with prior approval of government to fulfill the objectives of this Act;
  • Perform any other function related to any issues mentioned above;
  • Carry out any other duty assigned by the government.

 

Meeting of the Council of Directors:

(1) Subject to other rules of this section, the Council of Directors would be able to determine the procedures of its meeting.

(2) The meeting of the Council of Directors would be called by the chairman in specific place, time and date and provided that  at least three meetings should be held in a year.

(3) Chairman will preside over the meeting and in absence of chairman, senior most vice-chairman will preside the meeting.

(4) Quorum of the Council meeting would be formed with ten members, but the adjourned meeting would not require any quorum.

(5) In the Council meeting, each member would exercise a vote and in case of equal votes, the chair would be entitled to exercise second or decisive vote.

(6) Any action or continuity of the actionof the council will not be illegal due to vacancy of any member or faults in the formation of the council and no question could be raised in this regard.

Invited Member:

To fulfill the objectives of this Act, any person who is not a member of the Council of Directors, but has relevance and experience about the issues to be discusses, may present in the board meeting if he is invited by Board of Directors and would be entitled to take part in the discussion, but he would have no voting right.

Executive Director:

(1) The authority would have an Executive Director.

(2) Executive Directorwill be appointed by the government and terms and conditions of his service would be determined by the government.

(3) The Executive Director would be a whole time chief executive officer of the authority and he would be responsible for implementing the council decisions.

(4) If the post of Executive Director falls vacant, or fails to perform his responsibility due to absence, illness or any other causes, any person nominated by the government would perform as an executive director until and unless a newly executive director is appointed to the vacant post takes over the responsibility or the executive director becomes fit to perform his duties again.

 

Officers and Employees of Authority:

The Authority could appoint necessary number of officers and employees to conduct its activities properly and the terms and conditions of their services will be determined by the service rules.

Committee:The Authority could form one or more committee to perform specific responsibility to achieve the purposes of this Act.

Fund of the Authority:

(1) The Authority will have a fundand below mentioned money will be deposited with it:

(a)Grants given by the government;

(b) Grants given by the local government;

(c) Accepted loan with prior permission from the government;

(d) Money earned through selling assets of the Authority;

(e) Money received from any other sources.

(2) This fund will be deposited with any scheduled bank in the name of the Authority and money from this fund could be withdrawn through specified procedure determined by the Executive Director.

(3) Necessary expenditure of the Authority will be met from this fund.

(4) The Authority will be able to invest the money with the fund or parts of it in any sector approved by the government.

Annual Budget Report: —The Authority would submit the annual budget report every year for the next fiscal year within the timeframe set by the government and the report will mention the amount of the money the Authority will require from the government for the next fiscal year.

Maintaining accounts and audit:

(1) The Authority would maintain its accounts properly and prepare the annual report of the accounts.

(2) Executive Director would present the internal audit report of the Authority before the Council of Directors meeting within next three months after the end of each fiscal year.

(3) Comptroller and Auditor General of Bangladesh henceforth mentioned as Comptrollers and Auditor General would audit the accounts of the Authority every year and one copy of the audit report would submit to the government and the Authority.

(4) To conduct the audit under sub-section (3) of this Act, the Comptroller and Auditor General or any person authorized by him for this purpose may examine all records, documents, money in cash or deposited with banks, collaterals and stores and he may quiz any member, Executive Director and other officers or employees of the Authority.

Delegation of Power:– The Council of Directors will be able to delegate its any power to the Chairman, Vice Chairman or any other member of the Council, Executive Director or any other officer if necessary and under certain terms and conditions.

Authority to form a company:– To fulfill the objectives of this Act, the authority may take initiative to form separate company for the development and implementation of public transport system with the prior approval of the government.

Authority to Formulate Rules:– The government may formulate rules through government gazette notification to fulfill the objectives this Act.

Authority to Formulate Regulations:–To fulfill the purposes of this Act, with prior permission of government and through gazette notification, the Authority may formulate such regulations that would do not be inconsistence to this Act or any other rules.

Publish English version of the Act: – (1) After the Act come into effect, the government will publish authentic English text of the original Bengali text of the Act through gazette notification.

(2) Bengali text will get preference in case of any confusion arises between Bengali and English text of the Act.

 

Abolition of Dhaka Transportation Co-ordination Board, etc.

(1) Immediately after the authority is formed under this Act, the Dhaka Transportation Co-ordination Board would be abolished, later it would be mentioned as abolished board.

(2) Anything belongs to Board, such as

  • all asset, rights, power, authority, facilities, movable and immovable assets, savings at banks and any other liabilities and rights would be transferred to the Authority and the Authority would be entitled to it;
  • all debt, liabilities and responsibilities would be the debt, liabilities and responsibilities of the Authority;
  • All the officers and employees would be treated as officers and employees of the Authority and they would remain in service of the Authority on same terms and conditions on which they were engaged in service to the abolished board until these are not determined by the Authority.

Repeal and Savings: –

(1) “Dhaka Transport Coordination Board Act-2001” (Act No. 19 of 2001), henceforth mentioned as abolished Act, hereby stand repealed.

  • Besides, the Act is repealed, all activities or adopted measures accomplished under the repealed Act be considered as accomplished under this Act.
  • If any function of adopted under the repealed Act is unaccomplished, then it should be accomplished as that Act is not repealed.