LexThe Kerala Road Safety Authority Act, 2007
Kerala · state statute
Open in Lexace · Ask the AI about this act185
TilE KERAI.A ROAD SAFETY AlJlliORITY ACf, 2007
{ACT 8 OF 2007)
CONTENTS
Preamble
Sectzons
1. Short tttle and commencement
2 Defimhons •
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3 Constttutton of the Authonty
4 Functions of the Authonty
5. Executive Commtttee
6 Meetmgs
7 Dtsposal of Business .
8 Vacanc1es etc not to mva!Jdate proceedmgs of the Authonty
9 Road Safety Commtsstoner
10 Levy and collect10n of cess
11 Establishment of the Fund
)2. Vestmg and AdmtmstrattOn of the Fund
l3 UtthzatlOn of the Fund
14.
15.
Power to order removal of causes of acctdents
(",
Power to order works
16. Power to recover Cost
17. Amounts recoverable as arrear of land revenue
18 Delegauon
19 Drstnct Road Safety Counct1
20 Staff
21 Expenses
22 Accounts .
23 D1stnet Road Safety Counctl to submrt reports etc.
24 Annual report
25 Audat
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26 Pumshment for fatlure to comply With the Authonty's order
27. Pumshment for obstructmg the Authonty
28 Compoundmg of offences '
29 Offences by Compames
30. Appeals
31. RcvJslon .
~2 Members and Employees of the authonty to be pubhc servants
33.
34
35.
36
37.
38.
39.
40
Protectton of act10n taken m good faath
Cogm7.ance of offences and tnal
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Bar of JUnschcttOn of Ctvll Courts
Act not m derogation of the Kerala Highway ProtectiOn Act, 1999
Power to gtve duechons
Power to make rules
Regulat10nc;
Removal of d1fficultJcs
41. Repeal and Savmgs
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f
- ""'\ [Tr~nslatton m Enghsh of "2007-6)~ adhm2} aooru) (T\)l(l)cfhtio rmbacmoo1g1
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~c&;g , Pubhshed under the authonty of the Governor.]
ACT 8 O:F 2007 *
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TIIE KERALA ROAD SAFelY AUTIIORITY AC1: 2007
An Act to provide for the constztution of a Road Safety Authonly for the
zmpltmenta'llon of Road safety programme~ m the State, [01 the
establishment of a Road Safety Fund and [01 matters connected therewllh
and znctdental thet eto
Preamble -WnrRt:AS, it ~~ cxpcd1cnt to provtde for the constJtutton of a
Road Safety Authonty for the tmplcmcntatJOn of road safety programmes m the
State, for the estabhshmcnt o'f a Road Safety Fund and for matters connected
therewith and mctdental thereto;
BE 1t enacted m the fifty-etght Year of the Rcpubhc of Ind1a as follows·-
1 Short tllle and commencement.-( I) Thts act may be called the Kcrala
Road Safety authonty Act, 2007 .
. (2) It shall be deemed to have come mto force on the 7th day of
January, 2006.
2 Defimtwns.-( 1) In this ·Act, unless the conle;\t otherv11sc reqmres,-
(a) "acctdent, means any-mctdcnt whercm, on account of the usc of a
motor veh1clc on a pubhc road, death, bodtly mJury or damage caused to any
public propcrttes, other vchtclcs, person, persons or property or to any public
property or other vehtclcs, as the case may be;
(b) "Authonty" means the 'Road Safety Authonty' constttuted under
sectton 3;
(c) "cess" means the cess levtcd under section 1 0;
(d) "Chauman, mean~ the Chatrman of the Authonty, Executive
Commlttee or Dtstnct Road Safety Counctl, as the case may be;
(e) "dtstnct" means a revenue dtstract;
(f) "Dtstnct Road Safety Councal" means the Dt~tnct Road Safety
Councal constituted under sectiOn 19,
(g) "cxecuttvc committee" means the executive committee of the
Authonty,
(h) "fund" means the Road Safety Fund constituted under sectton 11;
• Rece1vcd the assent of Governor on the 13th Apnl. 2007 and published m the ·
Kerala Gazette Extraordmary No 706 dated 13th Apnl, 2007
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(i) "local authonty" means a Panchayat constituted under the Kerala .'r
Panchayat RaJ Act, 1994 (13 of 1994) or a Mumctpahty constituted under the
Kerala Mwuc1pahty Act, 1994 (20 of 1994 );
(J~ "pubhc road" shall mclude, af!y pnvate road to wh1ch pubhc have
access and also the traffic 1slands, med1ans and footpaths,
'
(k) "prescribed" means prescnbed by rules made under th1s Act,
(1) "regulat10ns" means the regulations made under sect10n 39,
(m) "velucle" mcludes any contraptiOn or dcvace used or capable of
bcmg used for the carnage or movcmc~t of human bcmgs, ammals or goods ,
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(2) Words dnd express10ns used but not defined m thts Act shall have
the mcaiungs respectively assagncd to them m the Motor Vehtcles Act, 1988 .... +-
(Central Act 59 of 1988), Kcrala Htghway Protection Act, 1999 (6 of 2000) or the
rules made thereunder_
3 Constltutzon of the Authorzty .-( 1) The Government may, by
not1ficat10n m the Gazette, constitute, wtth effect from such date as may be
spec1fied therem, an Authonty to be called the Kerala Road Safety Authonty
(2) The Authonty shall be a body corporate by the name aforesaJd,
havmg perpetual successton and a common seal, with powers, subJect to the
provtsions of tht~ Act, to acquarc, hold and dtspose of property both movable
and Immovable and to contract and shall by the ~atd name sue imd be sued
(3) The Authonty shall constst of the followmg members, namely -
(a) the Mm1ster for Transport who shall be the Chatrman of the
Authonty,
(b) the Mtmstcr for Works, who shall be the Vacc-Chaarman of the
Authonty,
(c) the Chaef Secretary,
(d) the Pnnctpal Secretary, Transport Department,
....
(e) the Law Secretary,
(f) the Pnnctpal Secretary, Home Department;
(g) the Pnncapal Secretary, Fmancc Department,
(h) the Pnnc1pal Secretary, Publrc Works Department ,
(1) the Pnnctpal Secretary, Health and Farmly Welfare Department ,
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(J) the Pnnc1pal Secretary, General Educatton Department,
(k) the Pnnc1pal Secretary, Local Self Government Department,
(1) The Road Safety CommlSSionet, who shall be the Ch1ef Exccuhve
Officer of the' Authonty,
(m) the Drrector General of Pohce,
(n) the D1rector, Health Scrvtccs· Department ;
(o) the Inspector General of Police (Traffic),
(p) The Chtef Engmeer (Roads and Bndgcs),
.
(q) The Chtef Engmcer {National l·hghways),
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(r) The Drrcctor, NatiOnal TransportatiOn, Plannmg and Research Centre,
(s) The Secretary, State Transport Authonty; ...
(t) three persons who arc experts in the field of road safety nommated
by the Government.
(4) lbe n~mmated members of the Authonty shall hold office for a pcnod
of five year from the date of appomtment
(5) Any nommated member may at any t1me, res1gn h1s office by a Jetter
addressed to the charrman of the Authonty .
4 Functzons of the Authorzty -The Authonty shall have the followmg
functions, namely.-
(a) advtsmg the Government on road safety poltc1cs;
(b) prescnbmg aa1d enforcmg road safety standards and procedure~,
(c) formulate and Implement schemes, proJects and programmes, relatmg
to road safety,
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(d) co-ordmatm.g the functions of all the agencies and Government
Departments d1schargmg the duttes related to road safety,
(e) lmplementmg road safety awareness programmes,
(f) ad.Jmmstratton of the fund,
(g) sanct10nmg expend1turc for the ImplementatiOn of road safety
Schemes and programmes,
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(h) sanct10nmg expendtture for road safety projects and for purchase and .
mstalladon of eqUipments and dev1ces connected w1th road safety,
(1) sanct10mng expendtturc for the conduct of stud1es, proJects and
research on matters relating to road safety,
(J~ sanctiOning cxpend1ture for trauma-care programmes or actJvtttes;
(R:) sanct10nmg admmtstrattve cxpendtture of the authonty;
(l) sanctwmng expenditure on matters connected w1th road safety
measures;
(m) fonnation of self help groups, under the leadership of the Authority
for the rescue operation m the place of acc1dcnt,
(ri) d1schargmg such other ,functions, as may be prcscnbcd, having regard
to the obJects of th1s Act
5 Executzve Committee-( 1) There shall be an Executive Comm1ttee for the
authonty consisting of the followmg members, namely·--:-
( a) Ch1ef Secretary, who shall be the Chatrman of the Executive
Comnuttce,
(!b) Transport Commtsstoner, who shall ~e the VIce-Chairman of the
Execut1Ve Commmee,
(c) Inspector General of Pohce {Traffic),
(d) Ch1ef Engmeer (Roads and Bndgcs),
(e) Chtef Engmeer (National Htghways);
(!f). DlTector, Health Services Department,
(g) Dtroctor, National Transportation, Plarmmg and Research Centre;
(h) Secretary, State Transport Authonty - Member Secretary
(2) The Executive Conumttec shaH be m-chargc of the ImplementatiOn of
the dcctsJons of the authonty .
(3) Subject to such restnct10ns, condJtJOns and hmttatiOns, as may be
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Imposed by the authonty, the Executive Committee shall exerc1sc such powers ~
and d1scharge such functiOns of the Authonty as may be delegated to 1t by the
Auilionty ~
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---< 6. Meetmgs -(1) The Authonty and the Executive Commtttce and the
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Dtstnct Road Safety Counctl shall meet at such ttme and place as may be
dcctded by the Chamnan of the Authonty, the Executive Conumttee or the Dtstnct
Road Safety Counctl, as the case may be, and shall observe such rules of
procedure m relatiOn to transactiOn of busmcss at the mcetmgs as may be made
by regulations.
(2) Every meeung of the Authority or the Executwe Commtttee shall be
prestded over by the Chatrman or Jn his absence by the Vtcc-Chamnan or m h1s
absence, a member chosen by the members present.
(3) The Authority shall meet at least once m SIX months.
( 4) The quorum for a meetmg of the Authonty shall be seven.
(5) The Executive Corrumttee shall meet at least once a month. ' .
(6) The quorum for meetmg of Executtvc Cornmttte~ shall be three.
7 Dlsposa/ of Busmess.-Evcry matter to be dcctded by the Authonty or
the Executlve Commtttee shall be cons1dered and dtsposed of at the meetmgs of
the Authonty or of the Executive Commtttcc, as the case may be, m accordance
wtth the deciston of the maJonty of the members present
8 Vacancres etc not to mvalzdate proceedmgs of the Authorzty.~No act
or proceedmgs of the Authority shall be questioned or shall be mvahdated merely
on the ground of extstenc~ of any vacancy or defect m the constitution of the
Authonty.
9. Road Safety Commzsswner.-' The Transport Commtsstoner shall be the
ex-officro Road Safety Comnuss10ner for the purpose of th1s Act
10 Levy and col/ecllon of cess.-( 1) ther~ shall be lev ted and collected
one-tunc cess for the purposes of thas Act on every motor vehicle used or kept
for use m the State at the rates_ specified for such vehtcle m the Schedule
Provtdcd that no such cess shall be lcvted on a motor veh1clc kept by
dealer or manufacturer of such vehtc1c for the purpose of trade
Provided further that tf the Govcnuncnt arc of opamon that tt 1s necessary m
the pubhc mterest so to do, they may, by notification m the Gazette, make an
exemption m regard to the cess payable under thts Act m respect of any motor
vehicle or class of motor vehtclcs .
........,._ (2) Every cess levtable under sub-section ( 1) shall be payable by the ·' reg1stcrcd owner or any person havmg possessiOn or control of the motor
velucle, as the case may be.
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(3) The cess lev ted under sub-sectton ( 1) shall be collected by the
taxation officer appomted under the Kerala Motor Vehtclcs Taxation Act, 1976
( 19 of 1976) or m such manner and at such tlme as may be prescnbed. _
(4) The Government may, by notificatiOn m the Gazette, dtrcct that for
the purpose of collectiOn of cesc;;, the provtstons of the Kerala Motor Vchtcles
TaxatiOn Act, 1976 · ( 19 of 1976), shall apply, subject to such modifications as may
be speclflied m the nottficatton
(5) Where any person who ts hable to pay the cess m respect of a motor
vehtcle fatls to pay the cess wtthm the ttme prcscnbed under sub-sectiOn (3 ),
such pe~son shall, for the default of eacli year, m addtt10n to the cess, pay an
amount of fine equal to ten per cent of the cess due
.(6) The proceeds of the cess levted and collected under thts Act by the
Government together wtth fines, mtercst and fees recovered thereunder shall first
be credttcd to the Consolidated Fund of the State and after deductmg the
expenses of collectiOn and recovery, as determmed by the Government, the
remammg amount shall, under appropnat10n duly made by law m th1s behalf, be
entered mto and transferred to the Fund
(7) Any amount transferred to the Fund shall be charged on the
' Conc;;ohdated Fund of the State .
ll Establrshment of the Fund -(1) After the con!>tltut1on of the Authonty,
wuhm one year, there shall be estabhshed a Fund to be called the Kerala Road ,
Safety Fund
(2) There shall be credtted to the Fund,-
_(a) the amount transferred under sub-sectton (6) of sectton 10;
{b) grants, loans or advance made by the Government;
(c) grants, loans or advance made by the Government of Ind1a,
(d) contnbuhons from pubhc or pnvatc mst1tut1ons or orgamsattons,
(e) compondmg fee collected under sectton 28.
(3) The Government shalJ contnbute to the fund every year, an amount
equal to fifty per cent of the compondmg fee collected m the prcv10us year
under section 200 of the Motor Vehtcles Act, 1988 (Central Act 59 of 1988)
• 12. Vestmg and adm1mstratwn of the Fund-(1) The fund shall vest m and
be admmtstered by the Authonty constituted under sectiOn 3.
(2) The authonty shall admlJllster the Fund vcc;;ted m 1t m such manner,
as may be prcscnbed
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(3) All amounts formmg part of the rund shall be depos1ted m the
State Bank of Travancore or any Nat1onahscd Bank, as may be dectded by the
Authonty and the account shall be operated by the Cha1nnan of the Execut1vc
Commttte and the Chtef Executlve Officer of the Authonty JOtntly m such
manner, as the Authonty may dectde
13 Utlilsatwn of the Fund -The Found shall be utthzed for all 01 any of
the followmg purposes, namely-.
•(a)
(b)
(c)
(d)
road safety programmes,
Awareness programme m rcpect road safety,
purchases of equtpments connected wtth road safety,
fundmg of approved studtes on proJects and research rcgat dmg
road safety,
(e) trauma-care programmes and related actJVtttes,
(f) adrmmstrattvc expenses of the Authonty,
(g) expendtture on matters connected With 1 oad safety, as the authonty
may deem fit, and
(h) any other purpose as may he prescnbcd
14 Powe1 to 01 der 1 emovul of cause~ of acczdents--( I) Notwtthstandmg
anythmg contamcd m any other law for the ttme bemg m force, where the
Authonty 1s sattsfied on complanu, report by any person or otherwise that,-
(t) the act of any person or persons on a pubhc road, or
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(u) the placement or postttonmg of any vehtclc, ammal, obJeCt built
wtthout the approval of any recogmsed admmlsfrattvc authonty, structure or
matenals mcludmg arches, banners, dtsplay boards, hoardmgs, awnmg tents,
pandals. pole~. platforms, restrums, statues, monuments and other stmtlar
structures, on a pubhc road, or
(111) the movement of ammals or velucles on a pubhc road; or
(tv) the condttiOn of any tree, structure or bulldmg situated m the
vtcmtty of a pubhc road, or
(v) the entry or ex1t of any butldtng or premtse m the vacm1ty of a
pubhc road, ts hkcly to cause, acctdents or cau~es obstructiOn to the tree flow of
traffic or d1stract the attent10n or obst1 act the VIS Jon of the dnvcr of any vchJclc,
the Road Safety Commtssroner may, after recordmg reasons thereof, d1rect the
person concerned, ctthcr by a general or special order, take such measures wJthm
two months as 1t constders necessary and such person shall be bound to comply
w1th the duect10n w1tlun such t1me, as may be spectfied by the authonty
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' (2) Notwtthstandmg anythmg contamcd m sub~scct10n (1), m case of j"'
urgency, the Road Safety Comm1ss1oncr may take such actwn as may be
necessary to prevent acctdcnt or obstruction, as the case may be, and recover the
cost thereof from the person respons1ble, m such manner as may be prcscnbed
lS Power to order works -(l) Notwtthstandmg anythmg contamed many
other law for the t1me bcmg m force, Jt shall be lawful for the Authonty to order
any work or Improvement on a pubhc road, as 1t constders necessary, to secure
safety on such roads and each concerned Government department or the local
authonty or any other authonty shall be bound to carryout such works or
tmprovement wlthm such ttme, as may be spec1fied by the authonty.
Provtded that no order under tlus sub~sec1on shall be 1ssued m respect of ..
any htghway declared as such under the Kerala lltghway Protcct10n Act, 1999
(6 of 2000) except wtth the pnor consultatton of the h1ghway authonty of the
respective area appomted under the satd Act ·
Prov1ded further that tt shall not be 1ssued m respect of the roads under the
control of the Local Self Government Institutions Without-pnor consultation wtth
'~- the respective Local Self Government
(2) It shall be the duty of every off1cer of the Government, Local
Authonty or dllY other authonty to act m a1d of the authonty m enforcmg the
orders ·under sub~sectton ( 1)
16 Powe1 to recover cost -If any person on whom a wntten order ts
served under section 14 refuses or fd1ls to comply wtth the order, the Authonty
may take such act1on as to prevent danger and ensure safety to the pubhc and
may recover the co~t wtth leg1hmatc mterest thereof from such person
17. Amounts 1 ecoverable as a1 rear of land ret,enue -Any amount due to
the Authonty under th1s act shall, w1thout preJudtce to any other mode of
recovery, be recoverable 1r1 the ~amc manner as an arrear of revenue due on
land
18 Delegatwn - The Authonty may, Wllh the prevwus approval of the
Government, dehgate to the Executtve Comm1ttce, Road Safety Commtsstoner or
the D1stnct Road Safety Councll such of 1Ls powers and funct10ns, as 11 may
constder nccc~sary, for the effcctave tmplementatwn of the road safety
programmes by general or SpCCial order, SUbjeCt tO SUCh restnctJOnS as It deems fit.
19 D~trrct Road Safety Councrl- (1) The Government may, by notification
m the Gazette, constitute a Counctl to be called the Dtstnct Road Safety Counctl
m every D1stnct m the State.
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--< (2) Every D1stnct Road Safety Counc1l shall cons1st of the followmg
members, namely-
(a) The District Collcctor-Ex-officJO, who shall be the Cha1nnan of
the Counc1l,
(b) The Dtstnct Supermtenddent of Pohcc-ex-officw,
(c) l11e Executive Engmcer (Road and Bndges}-e.x-officw.
(d) The Ex~cut1ve Engmcer (Nat10nal 1-ltghways)-ex-o.fficw .
(e) The Reg10nal Transport Off1ccr havmg JundJCtJOn over the
headquarters of the Dlstnct-ex-officw, who shall be the Member secretary of
the Counc1l; and ·
(f) ·An expert m the f1eld of road safety nonunated by the
_i. · Government.
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(3) The Dtstnct Road Safety Counc1l shall exerc1se such powers and
perform such functtons, as the Authonty may from ttmc to hmc, delegate
20 Staff - ( l) The Authonty may, wtth pnor approval of the Government,
·appomt such officers and staff as tt deems necessary for the discharge of tts
functtons under thts Act
(2) The des1gnat1on, method of · appomtment and other condlttons of
serv1ce of the staff shall be such, as may be prcscnbcd
21 Expenses .-All expenses of admuustrat10n of the fund mcludmg the
salary and allowancess of the staff and other employees shall be met lio'm the
Fund.
22 Accounts - The d~Counts of tile fund ~hall be mamtamed by the Road
Safety CommiSSioner m such manner, as may be prcscnbcd
23 Dzstnct Road Safety Councd to submzt repm tJ, etc - Every D1~tnct
Road Safety Counctl shall submit such report~ dnd returns and furm~h such
mformat10n to the Road S"fety Commi~stoner, as may be reqUired from t1mc to
ume, and the Road Safety CommiSSioner shall submit a consohdated report to the
authonty, annually
24 Annual report - ( 1) The Authoruy shall dunng each financtal ye,u
prepare m such form and at such ttme, as may be pli!Scnbcd. an annual report
givmg a complete account of 1ts actiVItieS of the prcv10us year and subm1t ~u c h
report to the Government
(2) The Government shall cause every ~uch report to be la1d before the
Legtslattve Assembly, as soon as may be, after the rccetpt of the same.
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25. Audtt -( 1) The accounts of the Authonty shall be audtted by j-
accountant General.
(2) The Authonty may carry out mtcmal dUdJt of the accounts every
year by such offic1als as 1t deems fit
~(3) The accounts of the Authonty, as certtfted by the audttor,
together w1th the audtt report thereon shall be subm1tted to the Government along
wlth the remat ks thereon by the authonty and the Government shall cause the
~ame to be ldtd before the Leg1slat1ve Assembly
(4) The Authonty shall take such corrective steps as may be ordered
by the Government on the basts of the report
26 Pumshment for fazlure to comply with the Authonty's order -(I)
Whoever refuses or fatls to comply w1th any order of the Authonty or the Road
Safety CommiSSIOner or any D1stnct Road Safety Council under th1s Act, shall
be pumshable With Impnsonmcnt for a tcm of s1x months or With fine wh1ch
may extend to five thousand rupees or w1th both.
(2) m the case of contmumg offence a fine of one thousand rupees
shall be unposed for each day for whtch the offence contmucs
~ 27 Pumshment for ob~t1 uctmg the Authonty -Whoever obstmcts the
Authonty, the Road Safety CommiSSioner, Distnct Road Safety Council or any
officer of the Authonty or of the Dtstrict Road Safety Counctl or any person
employed or engaged by them m the d1scharge of the functwns under th1s Act,
shall be pumshablc with tmpnsonmcnt for a tcnn of maximum three year~ or wah
fine whtch may extend to five thousand rup~es or with both
28 Compoundzng of offence'! -Any offence pumshablc under sectiOn 26
may e1ther before or after the mstltutJOn of prosecut10n, be companded by such
off1ccrs or authonttes and for such amount a~ the Government may, by
notificatiOn m the Gazette, spe~tfy m th1s behalf
29 Offences by Compames -If an offence pumshable under th1s Act IS
commtttcd at any time by a company, every person who 1s m charge of antl
respons1ble to the company for the conduct of 1ts busmcss at the ttmc of the
commtssion of the offence and the company shall be deemed to be rcsponstble
for the offence and shall be liable to be proceeded agamst and pumshed
accordmgly.
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~ Prov1ded that where any offence under th1s Act ha~ been commtttC:d by a
company and 1t IS proved that the comm1sston of the offence IS wtth the con<.;ent
and conmvance attnbutablc to any neglect on the part of any Director, Manager,
Secretary or other officer of the company such Dtrector, Manager, Secretary or
other officer shall be deemed to be responsible for that offence and shall be hable
to be proceeded agamst and pumshed accordmgly.
Explanatwn --For the purpose of th1s secttOn,-
(a) 'company' means any body corporate and mcludes a finn or other
assoctatlon of mdJvtduals, and
(b) 'Dtrector' m relation to _a finn means the partner m the finn.
30 Appeals-( 1) Any person aggnevcd by an order pas~ed by any
_J.. officer of the Authonty or of the Dt~tnct Road Safety Counc1l under th1s Act
may, w1thm such time as may be prcscnbcd, appeal to the smgle member
Appellate Authonty who IS holdmg the post not below the rank of D1stnct
Judge or held the post as such, as may be appomted by Government m th1s
behalf
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(2) Every appeal preferred under sub·scct10n ( 1) shall be accompamcd
by such fees, as may be prescnbcd
(3) After the receipt of any appeal under sub-sectiOn (I), the appellate
authonty shall, after gtvmg the appellant an opportumty of bemg heard m the
matter, d1spose of the appeal as cxpcditlOusly as poss1ble
31 Revz"wn -The Government ·may, suo motu or on applicatiOn made to
It by the aaggneved per~c'1, call for the records of any ·cao;e m wh1ch an order
has been passed by the Authonty or by a Dtstnct Road Safety Council and If 1t
appears to the Government, that the order 1s tmproper or tllegal, after givmg dn
opportumty of bemg heard to the concerned, the Govcmment may pass ~uch
order as It deems fit
32 Members and Employees of the Authorrty to be publn .\ervant!!J -All
members and employees of the Authonty wh1le actmg or purportmg to act under
the prov1stons of this Act or any rules made thereunder shall be deemed to be
pubhc servants w1thm the meanmg of sect10n 21 of the Ind1an Penal Code, 1860
(Central Act 45 of 1860)
33 Protectwn of Actwn taken m good fatth -No su1t, prosecullon or
other legal proeeedmgs shall he agamst the Government or Authonty or any
officer of the Government or any member or other employees of the Authonty for
anythmg, which ts done m good faith or purported to be done under or m
pursuance of th1s Act or the rules made thereunder.
198
34 Cognzzance of offences and trwi-No court shall take congmzance of
any offence pumshable under tlus Act except on a report m wnttmg of the facts
consultmg such offence submttted w1th the pnor penmss10n of the Road Safety
Commtsstoncr
3S Bm of JUnsdzctwn of Czvzl Courts -No ctvtl court shall have Junsd1ct1on
to settle, dectde or deal w1th any questiOn or to detcnnme any matter wh1ch ts by
or under th1s Act requucd to be settled, dec1dcd or dealt w1th or to be
detcnnmed by the Government or the ·Authonty or any officer authonsed by the
Government or the Authonty
3(;) Act not zn derogatwn of the Kerala Hzghway ProtectiOn Act. 1999-
The pnovtslons of th1s Act shall be m add1tton to, and not m derograt10n of, the
' r
provtsmns of the Kcrala H1ghway ProtectiOn Act, 1999 (6 of 2000) _;..:~
3i. Power to gzve dzrectzons -The Government may gtvc dtrect10ns to
the Autho,nty 111 matter~ gf pohcy of the authonty and the Authonty shall be
bound :to g1ve effect to such d1rcct10ns
38 Power to make mle~ --( 1) The Government may, by notification m the
Gazette make rules for the purpose of carrymg mto effect the provisions of this
Act.
(2) In particular and w1thout preJudtce to the generality of the foregomg
power, such rules may prov1de for all or any of the followmg matters, namely-
(a) FunctiOns to be ·performed bithe Authonty,
(b) the manner and tune for collection of cess under sectiOn 10,
(c) the manner m which the fund shall be admmtstered by the
Authonty ,
(d) the purposes for whJch the fund shall be Utlhsed,
(e) ·the designatiOn, method of appomtment and other cond1t1ons of
serv1ce of the officers and staff of the Authonty,
(f) the manner m wh1ch the accounts of the fund to be mamtamed
by the Road Safety CommtssJOner under sect10n 22;
(g) the form and ttme for preparatiOn of annual report under
sect10n 24,
(h) the hme and fcc for fihng appeal under sectiOn 30,
(1) any ot)lcr matter whtch IS reqUtred to be, or may be, prescnbed
199
.
---\ (3) Every rule made under thts Act ~hall be latd, as soon as may be after
1t 1s made, before the Legtslatlve Assembly, while 1t 1s m scss10n, for a to.tal
penod of fourteen days, wh1ch may be compnscd m one sesston or m two
successtve sess10ns, and tf, before the cxptry of the sess10n m whtch tt 1s so latd
or the sess10n tmmedtately followmg, the Leg1slauve Assembly makes any
modtficatton m the rule or dectdcs that the rule should not be made, the rule
shall thereafter have effect only m such modtfied form or be of no effect, as the
case may be, so however, thJt any such modtficatiOn or annulment shall be
wtthout preJudice to the vahdlty of anythmg prevtously done under that rule
39 Regulatwns -The Authonty may make regulatiOns with the pnor
approval of the Government m respect of the procedure to be adopted by the
Authonty, Executive Comm•ttce and the Dtstnct Road Safety Counc1l, for meetmgs,
_;. _ and dtsposal of matters commg up before the Authonty or the Executtve
Commtttee or the Dtstnct Road Safety Counctl, as the cac;e may be
\ ...
-;
40 Removal of difficultzes -(1) If any dtfficulty anscs m gtvmg effect to
the provts10ns of th1s Act, the Government may, as occasiOn may requtrc, by
order. do anythmg not mconsastent wtth tht~ Act or the rules made thereunder,
wh1ch appears to them necessary for the purpose of removmg the dtfficulty
Provtded that, no such order shall be tssued after two years from the date of
commencement of thts Act
(2) Every order tssued under thts sectton shall be latd before the
Legtslattve Assembly
41 Repeal and Savzng!> -{I) Inc Kerala Road Safety Authonty Ordmance,
2007 ( 18 of 2007) 1s hereby repealed
.. (2) Notwtthstandmg such repeal, anythmg done or any actton taken
under the satd Ordmance shall be deemed to have been done or taken under thts
Act.
TilL Sutr.ouLL
(See sectton l 0)
Serwl Class of Motor Velucle Rate of Ce~\
No (zn Rupees)
1 Heavy Motor Vch1cle 250
2 Medtum Motor Vehtcle 150
3 Ltght Motor Vehtcle 100
4 Two Wheeler 50