LexThe KERALA METROPOLITAN TRANSPORT AUTHORITY ACT 2019
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GOVERNMENT OF KERALA
Law (Legislation-D) Department
NOTIFICATION
No.1571/Leg.D2/2018/Law. Dated, Thiruvananthapuram, 18th December, 2019
2nd Dhanu, 1195
27th Agrahayana, 1941.
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of
Kerala is pleased to authorise the publication in the Gazette of the following translation in
English language of the Kerala Metropolitan Transport Authority Act, 2019 (25 of 2019).
By order of the Governor,
ARA VINTHA BABU P. K.,
Law Secretary.
Translation in English of “ 2019 þse
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[Translation in English of the ‘‘2019- ടേ കേരള ടമകപ്ൊകപാളിറപ
പ്ൊപസ്കപാർട്ട് അകതാറിറി ആക്ട്’’ published under the authority of the Governor.]
ACT 25 OF 2019
THE KERALA METROPOLITAN TRANSPORT AUTHORITY ACT, 2019
An Act to provide for the constitution of Metropolitan Transport Authorities for the
planning, supervision, co-ordination, development and regulation of urban transport in
the Urban Mobility Areas and for sustainable urban transport and ancillary services
within the Urban Mobility Areas in the State of Kerala.
Preamble.—WHEREAS, it is expedient to provide for the constitution of Metropolitan
Transport Authorities for the planning, supervision, co-ordination, development and
regulation of urban transport in the Urban Mobility Areas and for the sustainable urban
transport and ancillary services within Urban Mobility Areas in the State of Kerala;
B E it enacted in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Kerala Metropolitan
Transport Authority Act, 2019.
(2) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Authority” means a Metropolitan Transport Authority constituted under
section 3;
(b) “aggregator” means an intermediary or market place, digital or otherwise for a
passenger or a group of passengers to connect with the driver of a transport vehicle for the
purpose of transportation of that passenger or a group of passengers;
(c) “Central Government” means the Government of India;
(d) “Chairperson” means the Chairperson of the Authority;
(e) “Chief Executive Officer” means a Chief Executive Officer appointed under
section 8;
(f) “Comprehensive Mobility Plan” means the plan document as mentioned in
section 13, that outlines the mobility plan for the Urban Mobility Area and in synchronization
with the plan under the Kerala Town and Country Planning Act, 2016 (9 of 2016) for such
Urban Mobility Area and delineates, inter alia, strategies and actions for achieving the
objectives for ensuring optimum mobility of people and transportation of goods in such
Urban Mobility Area and to provide for safe, sustainable and efficient and properly co-
ordinated urban transport;
(g) “Fund” means an Urban Transport Fund constituted under section 18;
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(h) “member” means a member of the Authority;
(i) “regulations” means the regulations made by the Authority under this Act;
(j) “rules” means rules made by the State Government under this Act;
(k) “Schedule” means a Schedule to this Act;
(l) “State Government” means the Government of Kerala;
(m) “Transport Investment Programme” means a detailed sustainable multi-year
investment programme for the development of urban transport and Urban Transport Ancillary
Services for an Urban Mobility Area;
(n) “Urban Mobility Area” means the area as detailed in section 11;
(o) “urban transport” includes different modes of transportation available to the
general public in the Urban Mobility Areas, delineated in Schedule I;
(p) “Urban Transport Ancillary Services” means all ancillary services required for
effectively operationalising and maintaining a modern integrated urban transport system and
include the elements delineated in Schedule II, subject to the provisions of this Act;
(q) “Vice-Chairperson” means the Vice-Chairperson of the Authority.
CHAPTER II
METROPOLITAN TRANSPORT AUTHORITY
3. Establishment of Metropolitan Transport Authority.—(1) The State Government may,
by notification in the Official Gazette, establish for each Urban Mobility Area under
sub-section (1) of section 11 or notified under sub-section (2) of section 11, an Authority by
name, ‘Metropolitan Transport Authority’ preceded by the name of a major place coming
under such Urban Mobility Area.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual
succession and a common seal, with power to enter into contracts, to acquire, hold and
dispose of properties both movable and immovable and shall by the said name sue and be
sued.
(3) The Authority shall consist of the following members, namely:—
(a) The Minister for Transport, who shall be the Chairperson of the Authority;
(b) The Secretary to the State Government, Transport Department, who shall be
the Vice-Chairperson of the Authority;
(c) The Mayor in the Urban Mobility Area;
(d) One member nominated by the State Government from among the Members
of the Legislative Assembly in the Urban Mobility Area;
(e) One Municipal Chairman nominated by the State Government from among
the Municipal Chairmen in the Urban Mobility Area;
(f) The Secretary to State Government, Finance Department—ex-officio;
(g) The Secretary in charge of the urban affairs of the Local Self Government
Department of the State Government —ex-officio;
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(h) The Transport Commissioner of the State Government —ex-officio;
(i) The District Collector of the district where the Urban Mobility Area situates—
ex-officio;
(j) The City Police Commissioner concerned—ex-officio;
(k) The Chief Town Planner—ex-officio;
(l) The Deputy Transport Commissioner having jurisdiction over the Urban
Mobility Area concerned—ex-officio;
(m) The District Officer, Town and Country Planning Department having
jurisdiction over the Urban Mobility Area concerned—ex-officio;
(n) Four experts from any of the fields of transportation engineering, urban
transport planning, urban transport operations, corporate governance, finance or law,
nominated by the State Government;
(o) The Chief Executive Officer of the Authority.
(4) The following persons may be invited to the meetings of the Authority as special
invitees whenever their presence becomes necessary in the meeting namely: —
(a) Members of the Kerala Legislative Assembly in the Urban Mobility Area who
are not members of the Authority;
(b) Chairmen or Presidents of the Local Self Government Institutions, in the
Urban Mobility Area who are not members of the Authority;
(c) Secretaries of the Local Self Government Institutions in the Urban Mobility
Area.
4. Members not to have certain interests.—No member of the Authority shall have any
share or private interest, whether in his own name or otherwise, in any company or body
corporate or an association of persons (whether incorporated or not) or a firm engaged in the
business of urban transport or Urban Transport Ancillary Services.
5. Term of office and conditions of service of members.—(1) The term of office,
allowances payable to, and the other conditions of service of the members, as the case may
be, shall be such as may be prescribed by rules.
(2) Where the Chairperson is unable to discharge the functions owing to his absence,
illness or any other cause, the Vice-Chairperson, in his absence a member, as may be
designated by the State Government, shall discharge the functions of the Chairperson until
the Chairperson resumes his charge.
(3) The Chairperson or any member shall not, after the cessation of such office,
represent any person engaged in the commercial business of urban transport or Urban
Transport Ancillary Services before the Authority in any manner.
6. Resignation, removal or suspension of members.—(1) Any member, other than an ex-
officio member may, by notice in writing under his hand addressed to the State Government,
resign his office:
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Provided that a member, who has given notice of his resignation, shall continue to hold
office till the acceptance of his resignation by the State Government.
(2) Notwithstanding anything contained in sub-section (1), the State Government
may, by order, remove the member appointed or nominated by the State Government from
his office if he,—
(a) is or at any time, has been adjudged as an insolvent; or
(b) has been convicted of an offence which in the opinion of the State Government
involves moral turpitude; or
(c) has so abused his position as to render his continuance in office prejudicial to
the public interest; or
(d) has become physically or mentally incapable of acting as member:
Provided that no member shall be removed from office under clause (c) unless the State
Government, after holding an inquiry and providing a reasonable opportunity of hearing
contentions of the member proposed to be removed from the office in accordance with such
procedure as may be prescribed by the rules in this behalf, is satisfied that such member
ought to be removed from such office on such grounds:
Provided further that the State Government may suspend such member during the period
of such inquiry.
(3) If a casual vacancy arises in the office of a nominated member, either by reason of
death, resignation, removal or otherwise, such vacancy shall be filled up, as soon as may be,
by the State Government and such nominated member shall hold office only for the
remaining period of the term of office of the person in whose place he is nominated as a
member.
7. Powers of Chairperson.—The Chairperson shall have the powers of general
superintendence, administration and control in respect of all administrative matters of the
Authority:
Provided that the Chairperson may delegate such of his powers relating to administrative
matters of the Authority, in the manner as he may deems fit, to the Vice-Chairperson or in his
absence to any other member.
8. Officers and staff of the Authority.—(1) The State Government shall, by notification in
the Official Gazette, appoint a person as the Chief Executive Officer of the Authority with
such qualifications and on such terms and conditions as may be prescribed by rules. The
Chief Executive Officer shall be responsible for the implementation of the decisions of the
Authority and general administration as may be prescribed by regulations or any other matter
as may be delegated by the Chairperson or the Authority.
(2) The Authority may appoint, in accordance with the procedure and on terms and
conditions specified by regulations, such number of officers, experts, professionals and
supporting staff as may be necessary. Such officers, experts or professionals shall have
special knowledge and experience in transportation engineering, urban planning, law,
business or such other disciplines related to urban transportation or other disciplines, as may
be necessary to assist the Authority in the discharge of its functions.
(3) The Authority may with the concurrence of the State Government, engage, from
time to time, on contract basis such other officers or consultants or an organisation having
experts in fields as mentioned in sub-section (2), as it deems necessary, for the due and
proper performance of its functions under this Act.
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(4) The salaries and allowances payable to, and other terms and conditions of service
of, the officers and employees of the Authority shall be governed by such conditions of
service as may be prescribed by regulations.
9. Meetings of the Authority.—(1) The Authority shall meet at such time and places and
shall observe such procedure in regard to the transaction of business at its meetings as may be
prescribed by regulations and at least one such meeting shall be held in every three months.
The quorum for a meeting of the Authority shall be one third of the total members.
(2) The Chairperson shall preside over the meetings of the Authority.
(3) Where the Chairperson is unable to attend any meeting of the Authority for any
reason, the Vice-Chairperson or in his absence, a member decided by other members present
at the meeting shall preside over the meeting.
(4) All issues which come before any meeting of the Authority shall be decided on the
basis of majority of votes of the members present and in the event of equality of votes, the
Chairperson or, in his absence, the person presiding, shall have a casting vote.
(5) Every member who in any way, whether directly, indirectly or personally, has an
interest in any matter to be decided at the meeting, shall disclose the nature of his interest and
after such disclosure, the member so interested shall not participate either in deliberations or
in the voting on the matter.
(6) All orders and decisions of the Authority shall be authenticated by the Chief
Executive Officer or any other officer of the Authority duly authorised by the Chairperson in
this behalf.
(7) The proceedings of the Authority shall be valid notwithstanding any vacancy in
the membership or any defect in the constitution thereof.
(8) Where the Government deems it necessary to discuss the matters applicable to
two or more Authorities and to take common decision, the Government may give direction to
any Authority to call joint meeting of such Authorities and the Chairperson of the Authorities
shall preside over such meeting. The procedures regarding the holding of joint meeting and
the quorum required for the meeting shall be such as may be prescribed by rules.
10. Authority may constitute committees.—(1) The Authority may, from time to time,
constitute committees consisting of such members as it deems fit and may associate with such
committees, in such manner and for such period as may be necessary, any expert whose
assistance or advice it may desire and refer to such committees for enquiry and report, any
subject relating to the purposes of this Act.
(2) The Authority may, as may be necessary, appoint an expert or a committee of
experts and refer to such committees any subject relating to the aims and objectives of this
Act for enquiry and report.
(3) The persons associated with the committee under sub-section (1) or appointed as members
of the committee under sub-section (2) shall be eligible to get such rate of allowances or fees
for attending the meetings of the committees as may be determined by the Authority.
(4) Every committee appointed under sub-section (1) or sub-section (2) shall comply
with the instructions that may, from time to time, be given to it by the Authority and the
Authority may at any time alter the constitution of any committee so appointed or rescind any
such appointment. The Authority shall nominate any one of the members as the Chairman of
a committee constituted under sub-section (1) and any one expert as the Chairman in respect
of a committee constituted under sub-section (2).
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(5) The procedure to be followed by the committees and all other matters relating to
the committees shall be such as may be prescribed by regulations.
CHAPTER III
DECLARATION OF URBAN MOBILITY AREAS
11. Declaration of Urban Mobility Areas and alteration of their limits.—(1) The
municipal corporation limits of Thiruvananthapuram, Kochi and Kozhikode shall be the
Urban Mobility Area from the date of commencement of this Act.
(2) The State Government may, by notification in the Official Gazette, declare any
other area specifying its territorial limits as Urban Mobility Area for the purposes of this Act:
Provided that the State Government may, if it deems fit, by notification in the Official
Gazette, add the area of any other Local Self Government to any of the Urban Mobility Area
or exclude from, or modify, the limits of the Urban Mobility Area.
(3) No Military Cantonment or any part of its area required for military or defence
purposes or areas within the boundaries of a notified Special Economic Zone shall be
included or cause to be included in an Urban Mobility Area without the sanction of the
Central Government.
(4) A map indicating the boundaries and area of any Urban Mobility Area under this
section shall be published in at least two English and two vernacular newspapers having wide
circulation in the respective Urban Mobility Area and it shall be given publicity in electronic
media within such Urban Mobility Area.
CHAPTER IV
DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
12. Duties and functions of the Authority.—(1) Notwithstanding anything contained in
any other law for the time being in force, the Authority shall perform or cause to perform the
following duties and functions, namely:—
(a) Preparation of Comprehensive Mobility Plan, including but not limited to
Urban Transport and non-motorised transportation within the Urban Mobility Areas as
detailed in section 13 of this Act, in conjunction with the plan under the Kerala Town and
Country Planning Act, 2016 (9 of 2016) applicable for such period as the Authority deems fit
and updation of such plans at an interval not exceeding five years to ensure integration of
continuous land utilization and transport planning in consultation with the authorities
concerned;
(b) Preparation of a Transport Investment Programme;
(c) Planning for finance mobilization, construction and operation relating to the
urban transport and the Urban Transport Ancillary Services;
(d) Promotion, development and regulation of integrated facility and systems for
urban transport including seamless transport access;
(e) Development, construction, operation and management of any integrated or
stand-alone transport network facility that aid and enhance the efficiency of the urban
transport to the user;
(f) Creation and management of a Common Command and Control Centre for
integration, co-ordination and management of urban transport;
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(g) Development, publication and issuance of standards and guidelines relating to
the development and operation of urban transport facilities;
(h) Development and dissemination of performance indicators for urban transport
Services within the territorial jurisdiction of the Authority;
(i) Regulation and enforcement of technical and performance standards on all
strategic and operational matters that have a direct effect on the level of service provided to
the users of urban transport;
(j) To give direction to the authorities concerned to take necessary steps for the
regulation and enforcement of environmental standards related or incidental to the Urban
Transport or the urban transport Ancillary Services;
(k) Administration of the Urban Transport Fund as provided in Chapter V of this
Act;
(l) Setting up and operation of an operation control centre, a web based user
information system and a helpline to provide integrated information to the users of urban
transport and to collect demands, complaints and suggestions of passengers;
(m) Setting up and operation of a smart card based ticketing system for payment of
user charges for use of the urban transport and Urban Transport Ancillary Services in
consultation with the authorities concerned;
(n) Setting up and operation of technology-based solutions for traffic management,
transport planning, design of transport systems and selection of mode of transport in
consultation with the authorities concerned;
(o) Detection and reporting of traffic offences to the authorities concerned and to
recommend for action with the help of Intelligent Transport System to be established by the
Authority;
(p) Collection of information on urban transportation within Urban Mobility Area
and to provide the same to the Government agencies concerned or other agencies approved
by the Authority;
(q) Publication and display of information for the users of urban transport to
promote consumer awareness on the integrated urban transport System;
(r) Promoting skill advancement of the persons engaged in the operation and
maintenance of urban transport through education, training and research;
(s) Make recommendations to the railways, on railway services, schedules and
time table to enhance the efficiency or service levels of the urban transport.
(2) The Authority may appoint any person or agency to perform duties and discharge
functions provided in sub-section (1):
Provided that activities undertaken by any person or agency for performing such duties
and discharging functions shall be subject to such restrictions, limitations and conditions as
may be laid down by the Authority and shall also be subject to the supervision, control and
revision by the Authority.
(3) Subject to the provisions of this Act and any directions issued by the State
Government from time to time, the expenditure for undertaking duties mentioned in
sub-section (1) shall be met by the Authority.
(4) The Authority shall ensure effective implementation of this Act in the Urban
Mobility Area and discharge such other duties and functions as may be prescribed by rules.
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13. Preparation and publication of Comprehensive Mobility Plan for Urban Mobility
Area.—(1) The Authority shall prepare or cause to prepare a Comprehensive Mobility Plan in
accordance with the National Urban Transportation Policy guidelines to ensure integrated,
comprehensive and planned development of urban transport in the Urban Mobility Area and
such plan shall include,—
(i) infrastructure facilities and other works;
(ii) various modes of public transport systems and Mass Rapid Transit Systems
and their integration;
(iii) procedures and process to resolve any issues in relation to any existing
transport system or transport services being operated and in relation to any new systems or
services;
(iv) such other matters as may be necessary for the development and
implementation of such plans in order to achieve the object and purpose of this Act:
Provided that where there are any other institution or committee constituted under any
law for the time being in force which formulates, develops or implements any plan or scheme
in relation to urban transport within such Area, then in such circumstances, the Authority may
discharge its functions under this section in consultation with such institution or committee,
as the case may be.
(2) The draft plan shall be published in the official website of the Authority inviting
objections and suggestions before such date as may be specified, in the manner prescribed by
rules and the fact of such publication shall be published in the Official Gazette by the
Authority. The Authority shall after giving adequate opportunity of being heard to the
persons concerned and after considering the suggestions, objections and representations, if
any, if not, after recording the reasons for the same modify the draft plan, if necessary.
(3) The plan so prepared shall be submitted to the State Government for approval and
the State Government may either approve such plan without modifications or with such
modifications as it may consider necessary or reject the plan with directions to the Authority
to prepare a new plan based on recommendations issued by the State Government in relation
thereof. The State Government shall, as far as possible, within three months take decision in
these matters.
(4) All plans approved by the State Government shall be published in the official
website of the Authority and the Authority shall publish the fact of such publication in the
Official Gazette.
14. Power to implement Comprehensive Mobility Plan and to formulate schemes.—(1)
The Authority shall have the power to take appropriate measures as it deems fit, for
implementation of the approved Comprehensive Mobility Plan.
(2) The Authority may formulate a draft scheme, and recommend to the Government
for considering along with the scheme made under Chapter VI of the Motor Vehicles Act,
1988 (Central Act 59 of 1988) or otherwise for integrating road transport services with the
approved Comprehensive Mobility Plan, giving all relevant particulars of the nature of the
services proposed to be rendered in the urban mobility area specified along with the area or
route proposed to be covered.
(3) The scheme may include the terms as applicable like, the area or route to which it
operates, the date on which it comes into operation, the period of operation (which shall not,
as far as possible, be more than ten years), the services which are to be provided under
specified permits and passenger transport operators who are to participate in the scheme.
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15. Power to recommend to issue directions and to order enquiry.—(1) Subject to the
provisions of any other law for the time being in force, the Authority may recommend to the
State Government to issue directions to the concerned department, authority, transport
operator, aggregator or any other persons concerned, and institutions with regard to the
implementation of any urban transport project or scheme. Where any such department,
authority, transport operator or aggregator or such person or institution does not abide by
such directions, the Authority may bring the same to the notice of the State Government for
proper compliance of the same.
(2) All police officers shall be bound to assist the Authority and the officers of the
Authority in implementation of the measures taken by the Authority and its officers and also
for carrying into effect the provisions of the Act.
(3) The Authority shall have power to order enquiry or cause to enquire any
irregularity or non-compliance with regard to the provisions of this Act and the enquiry
officer or the competent official of the department concerned shall conduct enquiry, or cause
to enquire, as the case may be, as and when ordered and submit report to the Authority within
the time fixed by the Authority.
16. Power to enter into agreement for development of public transport facility and
transport system.—(1) The Authority shall have the power to enter into any agreement or
contract or sub-contract with a public or private institution for the development of any
infrastructure or transport system as may be decided by the Authority or as is provided for in
any plan made by the Authority. Besides, the Authority shall have power to monitor public
safety on these contracted public services and to give directions to the departments
concerned.
(2) For the use of infrastructure development or the transport system or services
connected thereto, developed as provided in sub-section (1), the Authority shall have the
power to fix and notify the fees or user charges that may be levied under such agreement or
contract. The Authority shall have the power to vest the concessionaire or licensee or
contractor or sub-contractor, as the case may be, with the power to collect and appropriate
such fees or user charges in accordance with the terms stipulated in the relevant arrangement
entered into in this regard. The Authority shall have the power to exempt totally or partially
or to grant concessions, as it deems fit, with respect to fees or user charges:
Provided that no such fee or user charge shall be fixed or notified by the Authority
without the prior approval of the State Government.
(3) The Authority may make regulations, orders or give instructions, as it may
consider necessary, for entering into various arrangements referred to under sub-section (1).
(4) The receipts from such arrangements shall be credited to the Fund.
17. General powers of the Authority.—Subject to the provisions of any law for the time
being in force, the Authority shall have the following powers, namely:—
(a) accept, acquire, hold, release, transfer or re-convey security, including security
provided in a financing arrangement of any kind in any form, whatsoever;
(b) either to purchase or to take on lease, lease, hold, construct, manufacture, maintain,
sell or dispose of any property, whatsoever, whether movable or immovable, or any part
thereof required for, or in connection with, implementation of the objects and purposes of this
Act;
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(c) raise fund or facilitate financing of all transport related investment schemes for the
implementation of the projects, plans, schemes and proposals included in the Transport
Investment Programme;
(d) execute all major transport projects proposed for or in the Urban Mobility Area by
the Central Government or any State Government or any other agencies from the perspective
of alignment with the Comprehensive Urban Mobility Plan or monitor all or any of them;
(e) recommend conditions for the issuance of permits or licenses for public transport
services by the authorities concerned;
(f) monitor regularly and audit compliance with the Comprehensive Urban Mobility
Plan and the Transport Investment Programme;
(g) recommend to the authorities concerned, the fees and charges for Urban Transport
Ancillary Services and also to regulate fares for all urban transport;
(h) monitor use of Funds for urban transport activities and ensure audit of accounts
and loans;
(i) ensure enforcement of regulations made under this Act;
(j) prepare appropriate performance related pay and service conditions for the
employees of the Authority in consultation with the State Government;
(k) render advice or recommentations for building sustainable operational framework
for Para Transit Systems included in Schedule II;
(l) such other powers as may be prescribed by rules.
CHAPTER V
URBAN TRANSPORT FUND
18. Fund of the Authority.—(1) There shall be constituted a fund to be called the ‘Urban
Transport Fund’ for each Authority.
(2) The following shall be credited to the Fund, namely:—
(a) grants, advances and loans sanctioned and funds received through allocations,
including budgetary allocations, by the Central Government or the State Government to the
respective Authority;
(b) subject to the provisions of any other law for the time being in force,—
(i) any fine imposed and realised and compounding fee collected under this
Act;
(ii) compounding fee collected by departments concerned, in cases of traffic
violations detected through Intelligent Transport System and reported by the Authority;
(c) fees and user charges available to the Authority under section 16;
(d) any user fees or charges, prescribed by rules, to collect from the Urban
Mobility Area under this Act;
(e) Special Project Specific Viability Gap Funding as may be allocated by the
State Government;
(f) any other amount legally received by the Authority.
(3) No amount shall be paid to the Fund or applied from and out of the Fund, except
in such manner and subject to such conditions as may be prescribed by rules.
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(4) The Fund shall be held and administered by the Chief Executive Officer of the
Authority, subject to general or special directions as may be issued by the State Government
from time to time.
19. Grants and loans by the Government.—The Authority may receive from the Central
Government or the State Government such grants, advances and loans as the Authority may
deem necessary for the performance of its functions under this Act and all grants, loans and
advances so received shall be subject to the terms and conditions as may be determined by
such Government.
20. Priority for payment of interest and repayment of loans.— Subject to the provisions
of any law for the time being in force, all payments due from the Authority on account of
interest on loans or the repayment of loans shall be made in priority out of all other dues from
the Authority.
21. Power to raise finances.—The Authority may raise finance or debt for the effective
implementation of the objects and purposes of this Act through loans or debentures or issuing
bonds from such sources, and on such terms and conditions as may be approved by the State
Government.
22. Grants and loans by the Authority.—The Authority may, subject to the provisions of
any law for the time being in force, take steps to make such grants, advances and loans to any
urban transport operator within the Urban Mobility Area concerned as may be deemed
necessary and all grants, loans and advances so made shall be on such terms and conditions
as may be determined by the Authority, as per the laws applicable.
23. Sinking fund.—(1) The Authority shall, subject to the provisions of section 20
maintain a sinking fund for repayment of amount borrowed by it and shall pay every year into
the sinking fund the amount as may be sufficient for repayment within the period fixed for
the repayment of all amounts so borrowed.
(2) The sinking fund or part thereof shall be utilised in or towards the discharge of the
loan for which such fund was credited and until such loan is wholly discharged, it shall not be
utilised for any other purpose.
24. Budget of the Authority.—(1) The Authority shall prepare every year, in such form
and at such time as may be prescribed by rules, a budget in respect of the financial year next
ensuing showing the estimated receipts and expenditure and shall forward to the State
Government such number of copies thereof as may be prescribed by rules.
(2) The Budget prepared by the Authority, in so far as it does not demand any
revenue contribution from the State Government, shall be final and can be accepted by the
Authority without the prior approval of the State Government. However, the budget prepared
by the Authority, to the extent it demands any revenue contribution from the State
Government, shall be subject to the final approval by the State Government with such change
or terms and conditions as the State Government may direct.
25. Audit.—(1) The accounts of the Authority shall be subject to audit annually by the
Accountant General of the State and any expenditure incurred by him in respect of such audit
shall be payable by the Authority to the Accountant General. The Accountant General or any
person appointed by him in connection with the audit of accounts of the Authority shall have
the same right, privilege and authority as the Accountant General has in connection with the
audit of the accounts of the State Government and in particular, shall have the right to
demand the production of books, accounts, connected vouchers and other documents and
papers.
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(2) A copy of the audit report concerned shall be submitted to the State Government,
the Authority and any other person concerned or authority specified by the State Government.
26. Annual report.—(1) The Authority shall prepare for every year a report of its
activities during that year and submit such report to the State Government on or before the
1st day of June of the ensuing year.
(2) The State Government shall cause a copy of the annual report to be laid before
the State Legislature as soon as may be after it is submitted.
(3) The Authority shall at the end of each financial year submit an audited annual
statement to the State Government including but not limited to the following,—
(a) amount borrowed or loan raised;
(b) details of the investment made during the year;
(c) mode of repayment, including the amount that has been earmarked for the
sinking fund;
(d) amount of securities that have been created or raised;
(e) any other matter that may be specified by the State Government from time to
time.
27. Returns.—The Authority shall submit to the State Government such reports, returns
and other particulars as the State Government may require from time to time.
CHAPTER VI
PENALTIES
28. Penalty for failure in complying with the provisions of this Act, rules or
regulations.—(1) Whoever fails to comply with the provisions of this Act, rules or
regulations made thereunder may on conviction, be punishable with fine, which may extend
to ten thousand rupees.
(2) Any person who violates the provisions of the Comprehensive Mobility Plan
prepared under this Act may, on conviction, be punishable with fine which may extend to ten
thousand rupees.
29. Offences by companies.—(1) Where the person who contravenes any of the
provisions of this Act, rules or regulations made thereunder is a company, every person, who,
at the time of such contravention was in-charge of, and was responsible to the company for
the conduct of the business of the company, as well as the company, shall be deemed to be
liable for such contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to
any punishment if he proves that the contravention was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where the contravention
of the provisions of this Act, rules or regulations has been done by a company and it is
proved that such contravention 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 also be deemed to be
guilty of that contravention and shall be liable to be proceeded against and punished
accordingly.
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This is a digitally signed Gazette.
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Explanation.—For the purpose of this section,—
(a) “company” means a body corporate and include a firm or other association of
individuals; and
(b) “director” in relation to a firm means a partner in the firm.
30. Fines on realisation to be vested in the Authority.—The proceeds of all fines and
compounding fees realized under this Act shall be credited to the Fund. Where the Authority
report the offences under the Motor Vehicles Act, 1988 (Central Act 59 of 1988) under item
(ii) of clause (b) of sub-section (2) of section 18, the proceeds of fine and compounding fees
so realized shall be sanctioned by the State Government to the Fund concerned through
appropriation subject to the provisions of the Kerala Road Safety Authority Act, 2007
(8 of 2007).
31. Penalties not to affect other liabilities.—The penalties imposed under this Act shall
be in addition to, and not in derogation of, any liability under any other law for the time being
in force.
32. Cognizance of offences.—(1) No court shall take cognizance for contravention of
any of the provisions of this Act, rules or regulations punishable under this Act save on a
complaint made on behalf of the Authority duly signed by the Chief Executive Officer.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(Central Act 2 of 1974), no court inferior to that of a Judicial Magistrate of the First Class
shall try an offence under this Act.
33. Compounding of offences.—(1) Any contravention of the provisions of this Act, rules
or regulations punishable under this Act may, either before or after the institution of any
prosecution, be compounded by the Authority or by an officer authorised in this behalf by the
State Government by notification in the Gazette, by accepting a compounding fee as may be
prescribed by rules and a receipt of the amount so received shall be issued to the offender or
the person concerned, in the Form as may be prescribed by rules:
Provided that the compounding fee shall not exceed the maximum amount of fine
mentioned in section 28:
Provided further that where the contravention of any of the provisions of this Act, rules
or regulations is by any company or its officer such contravention shall not be compounded if
the investigation against such company has been initiated or is pending under this Act.
(2) Nothing in sub-section (1) shall apply in case of the subsequent contravention of
the provisions of this Act, rules or regulations made by a company or a person within a period
of three months from the date on which an earlier contravention made by company or person
was compounded under this section.
(3) Where the compounding of any contravention of the provisions of this Act, rules
or regulations is made after the institution of any prosecution, such compounding shall be
brought by the Authority, in writing, to the notice of the court in which the prosecution is
pending and on such notice of the compounding of such contravention is being given, the
person in relation to whom it is so compounded shall be discharged.
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
CHAPTER VII
MISCELLANEOUS
34. Protection of action taken in good faith.—No suit, prosecution or other legal
proceedings shall lie against the State Government or the Authority or any officer of the State
Government or any member, officer or other employee of the Authority for anything which is
done in good faith or intended to be done under this Act, rules or regulations made
thereunder.
35. Service of summons, notice, order, etc..—Every summons, notice, order or other
document required by this Act or any rule or regulation made thereunder and all decisions of
the Authority and permission given by it shall be authenticated by the signature of the Chief
Executive Officer or any other officer authorised by the Authority in this behalf and shall be
deemed to have been duly served upon the party or parties concerned if the service has been
effected in anyone of the following manner, namely:—
(i) by personal service;
(ii) by registered post to the last known address of the person;
(iii) in case of failure of service of such summons, notice, etc., under any mode
mentioned in items (i) and (ii) above, by affixing it at the house or principal place of business
of the party concerned, as the case may be; or
(iv) in case of failure of service of such summons, notice, etc., under any mode
mentioned in items (i) to (iii) above, by publication in one prominent Malayalam daily and
one English daily newspaper having wide circulation in the locality:
Provided that,—
(a) in case the party to be served is a registered company, a partnership firm or a
body corporate, a local authority, a society or other body, it shall be served upon the principal
officer of the firm, company, authority or organisation and it shall then be deemed to have
been duly served on each director, partner or member of such firm, company, authority or
organisation, as the case may be;
(b) in case the party to be served is a minor or a lunatic, it shall be served upon
his guardian.
36. Public notices.—Every public notice given under this Act shall be in writing under
the signature of the Chief Executive Officer and shall be published by affixing copies in the
notice board of the Authority and shall be published Excerpt shown. Open the full act in Lexace.