PROCLAMATION NO. 80/1997 A PROCLAMATION TO PROVIDE FOR THE RE-ESTABLISHMENT OF THE ETHIOPIAN ROADS AUTHORITY
WHEREAS, it has become necessary to re-establish the Ethiopian Roads Authority;
NOW, THERFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1. Short Title
This Proclamation may be cited as the “Ethiopian Road Authority Re-establishment proclamation No. 80/1997”
In this proclamation:
1) “Highway” means a road designated as highway by the Ethiopian Roads Authority.
2) “State” means a State specified under Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia.
3) “Road” means highway or any other road classified and designated as part of the national road network and includes bridge on those roads.
4) “Road Fund” means the Fund established under Proclamation No. 66/1997.
5) “Works” means undertaking of the construction, maintenance and improvement activities.
1) The Ethiopian Roads authority which was reestablished under Proclamation No. 63/1993 (hereinafter referred to as the ‘Authority’) is authority of the Federal Government.
2) The authority shall be accountable to the prime Minister.
4. Head Office
The Authority shall have its head office in Addis Ababa and may establish branch offices elsewhere as may be necessary.
5. Objectives of the Authority
The objectives of the Authority is to develop and administer highways and to ensure the standard of road construction and to create a proper condition on which the road network is coordinately promoted.
6. Powers and Duties of the Authority
The Authority shall have the powers and duties to:
1) initiate policies and laws relating to roads and the Authority;
2) determine design standards for roads;
3) classify and designate the national road network;
4) prepare short and long-term plans and programmes, and implement same, upon approval;
5) prepare, through qualified consultants, designs required for works of highways; prepare design required for study and emergency works;
6) carry out and cause the carrying out of feasibility studies of highways;
7) construct, or improve highways through contractors, provided that it may undertake such works by its own force where contracting out of same is not feasible.
8) Maintain highways by its own force or through contractors;
9) Prepare, cause the preparation of and award works and consultancy contracts; cause the supervision to ensure that works are executed as per terms of their respective contracts, and supervise same;
10) Determine conditions for selection of consultants required for the design, supervision and any other works relating to highways;
11) Determine the alternatives of carrying out of works with its own force, through domestic or international tender;
12) Design traffic control posts and devises relating to highways and place same on highways;
13) Enforce vehicle weight and size regulations on highways;
14) Conduct material research relating to roads, apply useful results thereof;
15) Train human resources required for the development and maintenance of roads;
16) Protect highway from damage and abuse, remove and cause to remove obstructions from highways;
17) Determine the extent of land required for its activities in the adjacency as well as surrounding of highways, and the conditions of use of such land by others;
18) Use, free of charge, land and such other resources and quarry substances required for the purpose of construction and maintenance of highways, camp, storage of equipment and other required services; provided, however, that it shall pay compensation in accordance with the law for properties on the land it uses;
19) Render technical services to the appropriate organ of states upon request;
20) Take necessary measures to protect the environment on the implementation of its power and duties;
21) Own property; enter into contract; sue and be sued in its own name;
22) Perform other duties as are required for the implementation of its powers and duties.
7. Organization of the Authority
The authority shall have:
1) A Board whose members and chairman to be appointed by the Government;
2) A General Manager to be appointed by the Government on the recommendation of the Board, and;
3) The necessary staff.
8. Powers and Duties of the Board
The Board shall have the powers and duties to:
1) review, before submission to the government, policies, laws, short and long-term plans as well as annual work program and budget of the Authority; follow up implementation of same upon approval;
2) approve internal rules and directives guiding the authority in the performance of its activities;
3) decide on such matters as may be submitted to it by the General manager of the Authority.
9. Meeting of the Board
1) The regular Board meetings shall be held once every three months, provided, however, that the Board may hold extraordinary meetings at any time when called by the Chairman or upon request by the General Manager of the Authority;
2) The presence of the majority of the members at any Board meeting shall constitute a quorum;
3) Decision of the Board shall be passed when supported by simple majority vote of members present at the meeting; provided, however, the chairman shall have a casting vote in case of a tie;
4) Without prejudice to the provisions of this Article the Board may issue its own rules of procedures governing the conduct of meetings.
10. Powers and Duties of the General Manager
1) The General Manager shall be the chief executive officer of the Authority and shall direct and administer the activities of the Authority.
2) Without being limited by sub-article (1) of this Article, the General Manager shall:
(a) implement the powers and duties of the Authority stated in Article 5 of this Proclamation;
(b) employ and administer employees of the Authority in accordance with the Labour Proclamation no. 42-1993;
(c) prepare and submit to the Board, the short and long term plans, annual work programmes and budget of the Authority and implement same upon approval;
(d) prepare internal rules and directives guiding the Authority in the performance of its activities; implement same upon approval by the Board;
(e) effect expenditure in accordance with the work program and budget approved for the Authority;
(f) submit on due time to the Board books of accounts and auditing reports of the Authority;
(g) represent the Authority in all its dealings with third parties;
3) The General Manager may, with the specific permission of the Board, settle disputes out of court.
4) The General Manager may delegate part of his powers and duties to the officials and other employees of the Authority to the extent necessary for the efficient management of the Authority, provided however; that the delegation of an officials who acts on his behalf for more than 30 days requires prior approval of the Board.
11. Source of Finance
The Authority shall be financed from the following sources:
1) allocations from the Road Fund;
2) budget allocated by the Government.
12. Books of Accounts and Auditing
1) The authority shall keep complete and accurate books of accounts;
2) The accounts and financial documents of the Authority shall be audited annually by the Auditor General or by auditors designated by him;
3) Technical examination shall be undertaken on selected works, annually.
13. Repeal and Amendment
1) The Ethiopian Roads Authority Re-establishment Proclamation No. 63/1993 as amended is hereby repealed.
2) The reference to the “Road Transport Authority” under article 2/1(d) of the “Vehicle Size and Weight (Amendment) Council of Ministers” Regulations No. 11/1990” shall read as the “Ethiopian Roads Authority” with respect to highways.
3) No law, in so far as it is inconsistent with this Proclamation, shall have force or effect in respect of matters provided for by this Proclamation.
14. Effective Date
This Proclamation shall enter into force as of the 5th day of June, 1997.
Done at Addis Ababa, this 5th day of June, 1997
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA