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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GUJARAT ROAD SAFETY AUTHORITY
ACT, 2018
(GUJARAT ACT NO. 1 OF 2018)
(As modification up to 30th November, 2024.)
(2024)
(Price: Rs. 25/-)
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GUJARAT ROAD SAFETY AUTHORITY
ACT, 2018
(GUJARAT ACT NO. 1 OF 2018)
(As modification up to 30th November, 2024.)
(2024)
(Price: Rs. 25/-)
H-161-06-24-DTP-2
©
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
The Gujarat Road Safety Authority Act, 2018.
[ 2018 : Guj. 1
THE GUJARAT ROAD SAFETY AUTHORITY ACT, 2018
…………………………
CONTENTS.
PREAMBLE
SECTIONS Page No.
1. Short title and Commencement. 1
2. Definitions. 1
3. Constitution of Gujarat Road Safety Authority. 2
4. Functions of Authority. 3
5. Meetings of Authority. 5
6. Officers and employees of Authority. 6
7. Salaries and allowances. 6
8. Executive Committee. 6
9. Meetings of Executive Committee. 7
10. Establishment of Fund. 7
11. Vesting and Administration of Fund. 8
12. Utilisation of Fund. 8
13. Removal of causes of accidents. 8
14. Power to seize vehicles. 8
15. Power to order works and give directions. 9
16. Amounts recoverable as arrears of land revenue. 11
17. Penalty for failure to comply order. 11
18. Accounts of Fund. 11
19. Submission of reports. 11
20. Annual report. 11
21. Audit of Accounts. 11
22. Delegation. 12
23. Offences and punishment. 12
24. Compounding of offences. 12
25. Offences by Companies. 12
26. Appeal. 13
27. Revision. 13
28. Members, officers and employees to be public servants. 13
29. Protection of action taken in good faith. 13
30. Cognizance of offences. 13
31. Bar of jurisdiction of civil courts. 13
32. Act not in derogation to any law for the time being in force. 13
33. Power of State Government to give directions. 14
34. Power to make rules. 14
35. Power to make regulations. 15
36. Power to remove difficulties. 15
37. Repeal and savings. 15
The Gujarat Road Safety Authority Act, 2018.
2018 : Guj. 1]
2018 : Guj. 1] The Gujarat Road Safety Authority Act, 2018. 1
GUJARAT ACT NO. 1 OF 2018. *1
[THE GUJARAT ROAD SAFETY AUTHORITY ACT, 2018.]
[ 27th February, 2018.]
AN ACT
to provide for the constitution of a Road Safety Authority for the
implementation of road safety programmes in the State and to act as a lead
agency for road safety; for the establishment of road safety fund and for
matters connected therewith and incidental thereto.
It is hereby enacted in the Sixty-ninth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Gujarat Road Safety Authority Act,
2018.
Short title and
commencement.
(2) It shall be deemed to have come into force on the 3 rd October,
2017.
2. (1) In this Act, unless the context otherwise requires, -
(a) “accident” means any incident wherein on ac count of the use of
a motor vehicle on a public road, death, bodily injury or damage is caused to
any person or property, as the case may be;
(b) “Authority” means the Gujarat Road Safety Authority
constituted under section 3;
(c) “Chairman” means the Ch airman of the Authority or of the
Executive Committee, as the case may be;
(d) “Enforcement officer” means the Enforcement Officer
appointed under this Act and includes the Chief Enforcement Officer or, as
the case may be, the Deputy or Regional Enforcement Officer;
(e) “Executive Committee” means the Executive Committee of the
Authority constituted under section 8;
(f) “Fund” means the Gujarat Road Safety Fund constituted under
section 10;
(g) “Local authority” means,-
Definitions.
Bom. LIX of
1949.
(i) a Mu nicipal Corporation constituted under the Gujarat
Provincial Municipal Corporations Act, 1949;
Guj. 34 of
1964.
(ii) a Municipality constituted under the Gujarat Municipalities
Act, 1963;
Guj. 18 of
1993.
(iii) a Panchayat constituted under the Gujar at Panchayats Act,
1993;
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extra Ordinary, Part V, Dated
the 12th February, 2018, Page No. 2-23 to 2-26.
* This Act was assented by the Governor on the 26th February, 2018.
2 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(h) “public road” shall include any road to which public have
access; and also the traffic island medians and footpath;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “regulations” means the regulations made under section 35;
(k) “Road Safet y Commissioner” means any officer appointed by
the State Government to perform the functions of the Commissioner of Road
Safety under this Act and the rules made thereunder and includes a Joint
Road Safety Commissioner and the Deputy Road Safety Commissioner;
(l) “State, District or City Road Safety Committee” means the State,
District or, as the case may be, the City Road Safety Council or Committee
constituted under section 215 of the Motor Vehicles Act, 1988; 59 of 1988.
(m) “vehicle” means vehicle s or motor vehicles as defined in the
Motor Vehicles Act, 1988 and includes any device used or capable of being
used for the carriage of movement of human beings, animals or goods;
59 of 1988.
(n) “victim” means a victim of an accident.
(2) Words and expressions used but not defined in this Act shall have
meanings respectively assigned to them in the Motor Vehicles Act, 1988 and
the Gujarat Motor Vehicles Tax Act, 1958.
59 of 1988.
Bom. LXV of
1958.
Constitution
of Gujarat
Road Safety
Authority.
3. (1) The State Government may, by notification in the Official
Gazette, constitute, with effect from such date as may be specified therein,
an authority to be called “the Gujarat Road Safety Authority (GUJROSA)”.
(2) The Authority shall be a body corporate by the name as aforesaid,
having perpetual succession and a common seal, with powers subject to the
provisions of this Act, to acquire, hold and dispose of property, both
movable and immovable and to contract and shall, by the said name, sue and
be sued.
(3) The Authority shall consist of the following members, namely:
(i) the Minister for Transport, who shall be the Chairman of the
Authority;
(ii) the Secretary to the Government of Gujarat, Transport
Department, who shall be the Vice-chairman of the Authority;
(iii) the Secretary to the Government of Gujarat, Home
Department;
(iv) the Secretary to the Government of Gujarat, Health and Family
Welfare Department;
(v) the Secretary to the Government of Gujarat, Education
Department;
(vi) the Secreta ry to the Government of Gujarat, Roads and
Buildings Department;
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 3
(vii) the Director General of Police, Gujarat State;
(viii) the Managing Director, Gujarat State Road Transport
Corporation (GSRTC);
(ix) the Municipal Commissioner of Ahmedabad Municipal
Corporation;
(x) the Chief Engineer, National Highway Authority of India
(NHAI);
(xi) the Chairman, Western India Automobile Association
(WIAA);
(xii) the Commissioner of Transport, Gujarat State;
(xiii) two persons who are experts in the field of road saf ety, to be
nominated by the State Government;
(xiv) the Chief Enforcement Officer, who shall be the Member -
Secretary of the Authority.
(4) The Chief Road Safety Commissioner shall be the Chief
Executive Officer of the Authority and thereby he shall be the head of the
staff of the Authority.
4. (1) The Authority shall discharge the following functions, namely:-
(a) to act as a lead agency of the State for Road Safety;
(b) to advise the State Government on road safety policies;
(c) to implement the National Road Safety Policy and the Gujarat
Road Safety Policy;
(d) to work as a secretarial for the State Road Safety Council,
arrange meetings of the Council issue its Minutes and monitor the
implementation of the decision of the Council by the concerned
Departments of the State.
(e) to co -ordinate with the concerned Departments of the State
Government to ensure implementation of the directions issued from time to
time by the Supreme Court Committee on Road Safety and furnish
compliance report in a time bound manner;
(f) to implement the directions and recommendations issued from
time to time by the Central Government, State Government, Hon’ble courts
or the World Health Organization regarding Road Safety;
(g) to notify annual targets for reduction of acc idents and
fatalities as fixed by the State and draw up an Annual Action Plan to
achieve the targets and monitor its implementation;
(h) to collect on a regular basis data on road accidents and
analyze the data to identify areas / road stretched and categories of accident
victims;
Functions of
Authority.
4 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(i) to direct the Government Departments, State Road Safety
Council, District and City Road Safety Committee and other persons
regarding road safety;
(j) to implement the directions of the Supreme Court Committee
on Road Safety;
(k) to co-ordinate with the Road Safety Committee;
(l) to co-ordinate the cases relating to principle of no fault;
(m) to prescribe and enforce road safety standards and
procedures;
(n) to formulate schemes, projects and programmes relating to
road safety;
(o) to co-ordinate the work relating to road safety with all public
or private institutions, NGOs, concerned agencies and departments;
(p) to facilitate implementation of road safety programmes by
various means or media;
(q) to administer the Fund and ensure that the Fund is effectively
utilized;
(r) to take appropriate decisions for efficient administration and
management of the Authority, and to formulate policies for the code of
conduct, disciplinary actions, grievance r edressal mechanism and all other
required policies and guidelines for the day to day smooth working for the
road safety;
(s) to provide and arrange for training programmes and to
organize conferences, seminars, workshops, celebration activities and all
such other activities for the purpose of capacity augmentation of the
manpower working in the field of road safety;
(t) to publish and finance specific research in relevant fields and
to publish relevant papers, reports, books, journals, periodicals and
newsletters covering the activities of the Authority;
(u) to enter into agreement with research agencies/institutes/
universities engaged in the field of road safety at international/national level
or like institutions in specialized areas pertaining to the ac tivities of
authority for exchange of professionals, study tours, training seminars and
workshops, conducting joint projects, technical assistance in the field of
road safety.
(v) to co -operate or collaborate with other institutions having
objects similar to the Authority;
(w) to establish and maintain a library, provide reading, reference
and research facilities and cater to the needs of students, practitioners and
researchers particularly in the field of road safety;
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 5
(x) to receive, manage and disburse th e funds and maintain the
accounts for the funds received;
(y) to make regulations for conduct and management of the
affairs of the Authority and to add, amend, vary or rescind them from time
to time;
(z) to sanction expenditure for the implementation of r oad safety
schemes and programmes;
(za) to sanction expenditure for road safety projects and for
purchase and installation of equipments and devices connected with road
safety;
(zb) to sanction financial assistance to organizations and
institutions working in the field of road safety;
(zc) to sanction expenditure for the conduct of studies, projects
and research on matters relating to road safety;
(zd) to extend assistance to the victims of accidents;
(ze) to sanction expenditure for trauma -care progr ammes or
activities;
(zf) to sanction administrative expenditure of the Authority;
(zg) to sanction expenditure on matters connected with road
safety measures;
(zh) to oversee the implementation of all laws relating to road
safety such as helmet, seat belt, etc.;
(zi) to oversee the action to prevent the vehicles from being
driven on the road without third party insurance;
(zj) to discharge such other functions, as may be prescribed,
having regard to the objects of this Act.
(2) The Authority shall b e empowered to pass necessary orders to
ensure the compliance of above mentioned function or functions.
5. (1) The Authority shall meet at such time and place and shall
follow such rules of procedure for transaction of business of the meeting as
the Chairman may decide.
(2) Every meeting of the Authority shall be presided over by the
Chairman or in his absence, by the Vice-Chairman.
(3) The quorum for a meeting of the Authority shall be five.
(4) The meeting of the Authority may be held at least once in six
months.
(5) Every matter to be decided by the Authority shall be considered
and disposed of at the meetings of the Authority in accordance with the
decision of the majority of the members present. The Chairman or the
presiding Vice-Chairman shall have the casting vote.
Meetings of
Authority.
6 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(6) No act or proceedings of the Authority shall be questioned or
shall be invalidated merely on the ground of existence of any vacancy or
defect in the constitution of the Authority.
Officers and
employees of
Authority.
6. The State Government shall, for the purpose of carrying into the
effect the provisions of this Act, provide to the Authority, such number of
officers and employees as may be necessary for the efficient performance of
the functions of the A uthority under this Act as expeditiously as possible
and the terms and conditions of service of officers and employees shall be
such as may be prescribed by the State Government.
Salaries and
allowances.
7. The salaries and allowances payable to the non-official members of
the Authority and administrative expenses including the salaries and
allowances payable to the officers and other employees shall be paid in the
manner as may be prescribed by the State Government out of the grants
made to the Authority under this Act:
Provided that the Authority shall be empowered to determine salaries
and allowances as well as service conditions, eligibility conditions in case of
contractual employees with the approval of the Government from time to
time:
Provided f urther that the Authority shall follow employment
recruitment procedure framed by it and approved by the State Government
from time to time.
Executive
Committee.
8. (1) There shall be an Executive Committee for the Authority
consisting of the following members, namely:-
(a) the Secretary to the Government of Gujarat, Transport
Department, who shall be the Chairman;
(b) the Transport Commissioner, who shall be the Vice-Chairman;
(c) the Commissioner of Health, Gujarat State;
(d) the Commissioner of Primary Education, Gujarat State;
(e) the Inspector General of Police (Traffic);
(f) the Chief Engineer (Roads and Bridges);
(g) the Chief Engineer (National Highways);
(h) the Joint Commissioner of Traffic, Ahmedabad city;
(i) the Deputy Municipal Commissioner, Ahmedabad Municipal
Corporation;
(j) the Regional Transport Officer, Ahmedabad;
(k) the Joint Director, the Commissioner of Transport or, as the
case may be, the Officer on Special Duty;
(l) the Deputy Enforcement Officer, who shall be the Member -
Secretary;
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 7
(m) two experts from the field of road safety education and
emergency care, as may be nominated by the Authority.
(2) Subject to such restrictions, conditions and limitations as may be
imposed by the Authority, the Executive Committee shall exercis e such
powers and discharge such functions of the Authority as may be delegated to
it by the Authority.
(3) The Executive Committee shall be responsible for implementing
the decisions of the Authority.
9. (1) The Executive Committee shall meet at suc h time and such
place as the Chairman of the Executive Committee may decide and shall
observe such rules of procedure in relation to transaction of its business at
the meetings, as may be made by the resolution.
Meetings of
Executive
Committee.
(2) Every meeting of the Executive Committee shall be presided over
by the Chairman or in his absence, by the Vice-Chairman.
(3) The Executive Committee may meet at least once in two months
or sooner, as may be decided by the Chairman of the Executive Committee.
(4) The quorum for meeting of Executive Committee shall be five.
(5) Every matter to be decided by the Executive Committee shall be
considered and disposed of at the meeting of the Executive Committee in
accordance with the decision of the majority of the members present and
voting. The Chairman shall have the casting vote.
(6) No act or proceedings of the Executive Committee shall be
questioned or shall be invalidated merely on the ground of existence of any
vacancy or defect in the constitution of the Executive Committee.
10. (1) As soon as may be after the constitution of the Authority,
there shall be established a Fund to be called the “Gujarat Road Safety
Fund”.
Establishment
of Fund.
(2) There shall be credited to the Fund, -
59 of 1988.
(a) grants by way of share of compounding fees recovered for
traffic violations under the Motor Vehicles Act, 1988 or for violations under
this Act;
(b) any other grants as may be fixed by the State Government from
time to time;
(c) loans or advances made by the State Government;
(d) grants, loans or advances made by the Government of India;
(e) contributions from public or private institutions or
organizations;
(f) by auctioning of the confiscated vehicle.
8 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
Vesting and
Administration
of Fund.
11. (1) The Fund shall vest in and be administered by the Authority
under this Act.
(2) The Authority shall administer the Fund vested in it in such
manner, as may be determined by the Authority with the approval of the
State Government from time to time.
(3) All mone ys forming part of the Fund shall be deposited in any
Nationalized Bank, as may be decided by the Authority and the account
shall be operated by the Chief Enforcement Officer of the Authority in such
manner, as the Authority may decide.
Utilisation of
Fund.
12. The Fund shall be utilized for all or any of the functions of the
Authority mentioned in section 4.
Removal of
causes of
accidents.
13. (1) Notwithstanding anything contained in any other law for the
time being in force, where the Enforcement O fficer is satisfied, on a report
by any person or otherwise, that-
(i) structure or materials including arches, banners, display
boards, hoardings, tents, pandals, poles, platforms, statues, monuments or
any other structures, on a public road;
(ii) the condition of any parking area, tree, structure or building
situated in the vicinity of a public road; or
(iii) the entry or exit of any building or premise in the vicinity of
a public road, is likely to cause an accident or causes an obstruction to the
free flow of traffic or distract the attention or obstruct the vision of the
driver of any vehicle,
the Enforcement officer may, after recording reasons thereof, direct the
person concerned, either by a general or a special order, to take such
measures as it considers necessary and such person shall be bound to
comply with the direction within such time, as may be specified by the the
Enforcement officer.
(2) Notwithstanding anything contained in sub -section (1), in case of
urgency, the Chief Road Safe ty Commissioner or the Joint Road Safety
Commissioner may take such action as may be necessary to prevent accident
or obstruction, as the case may be, and recover the cost thereof from the
person responsible, in such manner as may be prescribed.
Power to seize
vehicles.
14. (1) Notwithstanding anything contained in any other law for the
time being in force, where the Enforcement Officer or any officers of Police
not below the rank of Assistant Inspector of Police or any officer of the
Motor Vehicles Depar tment not below the rank of Assistant Inspector of
Motor Vehicles or any officer of the State Government authorized in this
behalf is satisfied, on a report by any person, or otherwise, that the
placement or positioning of any vehicle, on a public road or the movement
of vehicles on a public road is likely to cause accident or cause obstruction
to the free flow of traffic or distract the attention, or obstruct the vision of
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 9
the driver of any vehicle or vehicle used without the third party insurance or
carrying of goods in a manner dangerous to public or carrying overload
goods in such a way to create or likely to create danger to public safety on
road, he may –
(i) seize the vehicle, in the prescribed manner and for this purpose
take or cause to be take n such steps as he may consider proper for the
temporary safe custody of the vehicle; or
(ii) instead of seizing the vehicle, seize the certificate of
registration of such vehicle and shall issue an acknowledgement in respect
thereof.
(2) Where a motor vehicle has been seized under sub -section (1), the
owner or person in -charge of the motor vehicle may apply to the officer as
referred to in sub -section (1), alongwith the relevant documents and such
fees as may be specified by the State Government by not ification in Official
Gazette for the release of such vehicle and such officer may, after
verification of such documents, by making an order, release the vehicle
subject to such conditions, as he may deem necessary to impose:
Provided that the different fe es may be specified for different
vehicles and different purposes.
(3) Notwithstanding anything contained in this section, if any vehicle
seized under sub -section (1) shall lie with the authority for more than two
months due to non-attempt of the releasing such vehicle or no one applies to
release such vehicle, or, if any vehicle seized three times under sub -section
(1), the officer as referred to in sub-section (1), may forfeit the vehicle in the
name of the State Government after giving an opportunity of being heard to
the owner or a person in possession or control of such vehicle.
(4) The vehicle so forfeited may be auctioned by the forfeiting officer
as may be determined by the Authority.
(5) The income generated from the auction shall be deposited in the
fund of the Authority.
15. (1) The Authority or the State Road Safety Committee or District
or City Road Safety Committees may by order give direction to any officer
of the Government department or public authority or local authority or any
person of public, public or private institutions to act for the purpose of Road
Safety.
Power to order
works and give
directions.
(2) Notwithstanding anything contained in sub -section (1) or any
other law for the time being in force, it shall be lawful for the Chief Road
Safety Commissioner or the Joint Road Safety Commissioner to pass
following orders or give direction to ensure Road Safety, namely:-
(i) to fulfill any work or improvement on a public road, as it may
consider necessary,
10 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(ii) to ensure implemen tation of all laws relating to Road Safety
such as helmet, seat belt, etc.,
(iii) to implement the decisions of the State Road Safety Council,
(iv) to implement the direction given by the State Government
under section 33:
Provided that no order under th is sub-section shall be issued by any
officer of the Government department or public authority or local authority
or any person of public, public or private institutions without prior written
notice and opportunity of being heard. If such officer of the G overnment
department or public authority or local authority or any person of public,
public or private institutions fails to respond or reply to the satisfaction of
the Chief Road Safety Commissioner or Joint Road Safety Commissioner, a
reasoned order shal l be issued and same shall be binding on any officer of
the Government department or public authority or local authority or any
person of public, public or private institutions.
(3) Every officer of the Government department or public authority
or local authority or any person of public, public or private institutions shall
be bound to carry out such works or improvement or compliance of the
orders or directions passed under sub -section (1) or (2) within such time, as
may be specified by the Authority.
(4) It shall be the duty of any officer of the Government department
or public authority or local authority or any person of public, public or
private institutions to act in aid of the Authority in enforcing under sub -
section (1) and sub-section (2).
(5) If any officer of the Government department or public authority or
local authority or any person of public, public or private institutions to
whom a written order is served under sub -section (2) refuses or fails to
comply with the order within the time l imit set out by the Authority, the
Chief Road Safety Commissioner or the Joint Road Safety Commissioner
may after giving opportunity of being heard impose a fine up to ` 1,00,000
(rupees one lakh only) in person or recommend the disciplinary action
upon such officer or person under the service law applicable to him and
may also take such action as to prevent danger and ensure safety to the
public and may recover the cost thereof from such officer of the
Government department or public authority or loc al authority or any person
of public, public or private institutions:
Provided that the fine imposed shall be recoverable from the salary of
such officer of the Government department or public authority or local
authority or any person of public, public or private institutions and the
drawing and disbursing officer of that officer shall be liable to deduct and
deposit it in the account of the Authority.
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 11
16. Any amount due to the Authority or the Road Safety
Commissioner or the Enforcement Officer under this Act shall, without
prejudice to any other mode of recovery, be recoverable in the same manner
as an arrear of public revenue due on land.
Amounts
recoverable as
arrears of land
revenue.
17. Where the Authority or the Road Safety Commissioner or, as the
case may be, the Enforcement Officer is of the opinion that any officer of
the Government department or public authority or local authority or any
person of public, public or private institutions refuses or fails to comply with
any written order or d irection of the Authority or Road Safety or
Enforcement officer or any order passed under this Act except under sub -
section (2) of section 15, it shall impose a penalty by reasoned order of five
hundred rupees each day till the compliance of the order or direction of the
Road Safety Commissioner or the Enforcement officer, so however, the total
amount of such penalty shall not exceed twenty-five thousand rupees:
Penalty for
failure to
comply order.
Provided that any officer of the Government department or public
authority or local authority or any person of public, public or private
institutions, as the case may be, shall be given a reasonable opportunity of
being heard before any penalty imposed on him:
Provided further that the burden of proving that he acted reasonably
and diligently shall be on such officer of the Government department or
public authority or local authority or any person of public, public or private
institutions, as the case may be.
18. The accounts of the Fund shall be maintaine d by the Accounts
officer under the overall supervision and control of the Chief Enforcement
Officer in such manner, as may be resolved from time to time by the
Authority.
Accounts of
Fund.
19. Every District or City Road Safety Committee shall submit such
reports and returns and furnish such information to the Authority, as may be
required from time to time.
Submission of
reports.
20. (1) The Authority shall, during each financial year, prepare in
such form and at such time as may be prescribed, an annual report giving a
true and full account of its activities in the previous year and submit such
report to the State Government before such date as the State Government
may by order specify.
Annual
report.
(2) The Government shall cause every such r eport to be laid before
the State Legislature, as soon as may be, after the receipt of the same.
21. (1) The accounts of the Authority shall be audited annually. Audit of
Accounts.
(2) The Authority may also carry out internal audit including
concurrent audit of the accounts every year by such officials or by the
Chartered Accountant as it deems fit.
(3) The accounts of the Authority, as certified by the auditor, together
with the audit report thereon shall be submitted to the State Government
along with the remarks thereon by the Authority and the State Government
shall cause the same to be laid before the State Legislature.
12 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(4) The Authority shall take such corrective steps as may be ordered
by the State Government in pursuance of the report.
Delegation.
22. The Authority may, with the previous approval of the State
Government, delegate to the Executive Committee or the Road Safety
Commissioner or the Chief Enforcement Officer or the District or City Road
Safety Committee or to any other officer of the authority or to any Gazetted
officer of the Government by general or special order, subject to such
restrictions as it deems fit, such of its powers and functions, as it may
consider necessary, for the effective implementation of the road safety
programmes. The District or City Road Safety Committee shall exercise
such powers and perform such functions, as the Authority may delegate
from time to time.
Offences and
punishment.
23. Notwithstanding anything contained in section 15 or section 17-
(1) whoever, including the public servant, refuses or fails to comply
with any written order or direction of the Road Safety Commissioner or
Enforcement Officer, or any other officer under section 22 shall be
punishable with imprisonment for a term of three months or with fine which
may extend to five thousand rupees or with both.
(2) in the case of a continuing offence, a fine of one thousand rupees
shall be imposed for each day for which the offence continues.
(3) a Judicial Magistrate of First Class shall try an offence punishable
under this Act.
Compounding
of offences.
24. Any offence punishable under this Act may either before or after
the institution of prosecution, be compounded by such officers or authorities
and for such amount as the State Gove rnment may, by notification in the
Official Gazette, specify in this behalf.
Offences by
Companies.
25. (1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in
charge of and w as responsible to the company for the conduct of the
business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that, nothing contained in t his sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he had exercised all the due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 13
Explanation.- for the purposes of this section-
(a) "Company" means anybody corporate and includes a firm or
other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
26. (1) Any person aggrieved by an order passed by any officer of the
Authority under this Act may, within sixty days of the date of that order,
appeal to the Joint Road Safety Commissioner.
Appeal.
(2) Every appeal preferred under sub-section (1) shall be accompanied
by fees of rupees five thousand.
(3) After the receipt of any appe al under sub -section (1), the
Appellate Authority shall, after giving the appellant an opportunity of being
heard in the matter, dispose of the appeal as expeditiously as possible.
27. The Chief Road Safety Commissioner may, suo-motu or on
application made to it by the aggrieved person, call for the records of any
case in which an order under section 13, 14, 15 or 26 has been passed by any
subordinate officer of the Authority and if it appears to the Chief Road
Safety Commissioner that the order is impro per or illegal, he may pass such
order as he deems fit.
Revision.
XLV of 1860.
28. All the members and employees of the Authority while acting or
purporting to act in pursuance of the provisions of this Act or the rules made
thereunder, be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code.
Members,
officers and
employees to be
public servants.
29. No suit, prosecution or other legal proceedings shall lie against
the Government or Authority or any officer of the Gove rnment or any
member or other employees of the Authority for anything, which is done in
good faith or intended to be done under this Act or the rules made
thereunder.
Protection of
action taken in
good faith.
30. No court shall take cognizance of any of fence punishable under
this Act except on a report in writing of the facts constituting such offence
submitted with the prior permission of the Authority or, as the case may be,
the Executive Committee or the Chief Enforcement Officer.
Cognizance of
offences.
31. No civil court shall have jurisdiction to settle, decide or deal with
any question or to determine any matter which is by or under this Act or the
rules made thereunder required to be settled, decided or dealt with or to be
determined by the St ate Government or the Authority or any officer
authorized by the State Government or the Authority.
Bar of
jurisdiction of
civil courts.
59 of 1988.
32. The provisions of this Act shall be in addition to, and not in
derogation of any of the provisions of the Motor Vehicles Act, 1988 or any
other law for the time being in force.
Act not in
derogation to
any law for the
time being in
force.
14 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
Power of
State
Government
to give
directions.
33. The State Government having regard to-
(a) the desirability of e ffective enforcement of the provisions of
this Act or any other law for the time being in force to control and regulate
the road traffic,
(b) the desirability to reduce vehicle density on public road,
(c) the desirability of preventing the road accidents,
(d) the desirability of preventing the deterioration on the road
system,
may, from time to time, by notification in the Official Gazette , issue
directions to the Authority,-
(i) regarding control of the purchase of second vehicle,
(ii) regarding prevention and regulation of the use of the
vehicles more than age of 15 years and manner for the scrap thereof,
(iii) regarding fixing time of the use or prohibiting use of the of
the vehicle on the public road in the specific area or areas,
(iv) regarding the appointment of a ny public or private agency
after following due process by the Authority; for the purpose of road safety
measure in specific area or areas, to remove traffic nuisance, detect traffic
offence, accept composition fee, recover fine or penalties, recover cost of
the damage caused by traffic nuisance, regularize any other measure related
to road safety in the benefit of public at a large,
(v) regarding fixing of service charge as may be levied by such
agency,
(vi) any other direction as the State Government may deem fi t
to give to ensure road safety:
Provided that the rate of compounding fees, penalties or fine shall be
specified under the respective laws or rules made thereunder:
Provided further that compounding fees, penalties, fine or cost shall
be deposited in the Government treasury by such agencies. However, such
agencies may be entitled to retain service charge with itself.
Explanation.- For the purpose of clause (i), “second vehicle” means
the second number of vehicle purchased by the person who owned one
vehicle.
Power to
make rules.
34. (1) The State Government may, subject to the condition of
previous publication, for the period as the State Government may deem fit,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prej udice to the generality of the
foregoing provision, the State Government may make rules for all or any of
the following matter, namely:-
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 15
(a) functions to be performed by the Authority in addition to the
functions provided in section 4;
(b) the designation, method of appointment and other conditions
of service of the officers and staff of the Authority;
(c) the form and the time for preparation of annual report under
section 20;
(d) any other matter which is required to be, or may be,
prescribed.
(3) The contravention of any of the provisions which are specified in
such rule shall be punishable with fine, which may extend to one thousand
rupees.
(4) All rules made under this section shall be published in the Official
Gazette.
(5) All rules made under this section shall be laid for not less than
thirty days before the State Legislature as soon as possible after they are
made, and shall be subject to rescission by the State Legislature or to such
modifications as the State Legislature may make, during the ses sion in
which they are so laid or the session immediately following.
(6) Any rescission or modification so made by the State Legislature
shall be published in the Official Gazette and shall thereupon take effect.
35. The Authority may make regulations in respect of the procedure
to be adopted by the Authority, the Executive Committee and officers of the
Authority for meetings and disposal of matters coming up before the
Authority or the Executive Committee or the officers, as the case may be.
Power to make
regulations.
36. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by general or special order published in
the Official Gazette, make such provisions not inconsistent with the
provisions of this Act, as it appears to it to be necessary or expedient for the
purposes of removing the difficulty:
Provided that no such order shall be made after the expiry of two
years from the commencement of this Act.
(2) Every order made under sub -section (1) shall be laid, as soon as
may be, after it is made, before the State Legislature.
Power to
remove
difficulties.
Guj. Ord. 2 of
2017.
37. (1) The Gujarat Road Safety Authority Ordinance, 2017 is hereby
repealed.
(2) Notwithstanding such repeal, anything don e or any action taken
under the said Ordinance, shall be deemed to have been done or taken under
this Act.
Repeal and
savings.
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GOVERNMENT CENTRAL PRESS, GANDHINAGAR.