Preamble AN ACT

PREAMBLE

to provide for the constitution of a Road Safety Authority for the implementation of road safety programmes in the State, for the establishment of a Road Safety Fund and for matters connected therewith and incidental thereto.

WHEREAS, it is e

S.1 Short title and commencement

(1) This Act may be called the Kerala Road Safety Authority Act, 2007.

(2) It shall be deemed to have come into force on the 7th day of January, 2006.

S.2 Definitions

 (1) In this Act, unless the context otherwise requires,--

(a) "accident" means any incident wherein, on account of the use of a motor vehicle on a public road, death, bodily injury or damage caused to any public properties, other vehicles, person, persons or property or to any public property or other vehicles, as the case may be;

(1) The Government may, by notification in the Gazette, constitute, with effect from such date as may be specified therein, an Authority to be called "the Kerala Road Safety Authority".

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire, hold and d

S.4 Functions of the Authority

 The Authority shall have the following functions, namely:-

(a) advising the Government on road safety policies; (b) prescribing and enforcing road safety standardsand procedures;

(c) formulate and implement schemes, projects and programmes, relating to

S.5 Executive Committee

(1) There shall be an Executive Committee for the Authority consisting of the following members, namely:-

(a) Chief Secretary, who shall be the Chairman oftheExecutive Committee; 

(b) TransportCommissioner,who shallbetheVice- Chairman of the Executive Co

S.6 Meetings

(1) The Authority and the Executive Committee and the District Road Safety Council, shall meet at such time and place as may be decided by the Chairman of the Authority, the Executive Committee or the District Road Safety Council, as the case may be, and shall observe such rules of procedure in relation to transaction of business at the meetings, as may be made by regulations.

 Every matter to be decided by the Authority or the Executive Committee shall be considered and disposed of at the meetings of the Authority or of the Executive Committee, as the case may be, in accordance with the decision of the majority of the members present.

S.8 Vacancies etc. not to invalidate proceedings of the Authority

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.

S.9 Road Safety Commissioner

The Transport commissioner shall be the ex-officio Road Safety Commissioner for the purpose of this Act.

S.10 Levy and collection of cess

(1) There shall be levied and collected one-time cess for the purposes of this Act on every motor vehicle used or kept for use in the State at the rates specified for such vehicle in the Schedule:

Provided that no such cess shall be levied on a motor vehicle kept by dealer or manufacturer of such vehicle for the purpose of trade:

(1) After the constitution of the Authority, within one year, there shall be established a Fund to be called the '' Kerala Road Safety Fund''. (2) There shall be credited to the Fund,-

1. the amount transferred under sub-section (6) of section 10;

2. grants,

S.12 Vesting and administration of the Fund

(1) The Fund shall vest in and be administered by the Authority constituted under section 3. 

(2) The Authority shall administer the Fund vested in it in such manner, as may be prescribed. 

(3) All amounts forming part of the Fund shall be deposited in the State Bank of Travancore or any nation

S.13 Utilisation of the Fund

The Fund shall be utilised for all or any of the following purposes, namely:- 

(a) road safety programmes; 

(b) awareness programme in respect of road safety; 

(1) Notwithstanding anything contained in any other law for the time being in force, where the Authority is satisfied on complaint, report by any person or otherwise that- 

(i)the act of any person or persons on a public road; or 

(ii)the placemen

S.15 Power to order works

(1) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Authority to order any work or improvement on a public road, as it considers necessary, to secure safety on such roads and each concerned Government department or the local authority or any other authority shall be bound to carryout such works or improvement within such time, as may be specified by the Authority:

If any person on whom a written order is served under section 14 refuses or fails to comply with the order, the Authority may take such action as to prevent danger and ensure safety to the public and may recover the cost with legitimate interest thereof from such person.

S.17 Amounts recoverable as arrear of land revenue

Any amount due to the Authority under this Act shall, without prejudice to any other mode of recovery, be recoverable in the same manner as an arrear of revenue due on land.

S.18 Delegation

The Authority may, with the previous approval of the Government, delegate to the Executive Committee, Road Safety Commissioner or the District Road Safety Council such of its powers and functions, as it may consider necessary, for the effective implementation of the road safety programmes by general or special order, subject to such restrictions as it deems fit.

S.19 District Road Safety Council

(1) The Government may, by notification in the Gazette, constitute a Council to be called "the District Road Safety Council" in every district in the State.

(2) Every District Road Safety Council shall consist of the following members, namely:-

(a)the Distric

S.20 Staff

 (1) The Authority may, with prior approval of the Government, appoint such officers and staff as it deems necessary for the discharge of its functions under this Act.

(2) The designation, method of appointment and other conditions of service of the staff shall be such, as may be prescribed.

S.21 Expenses

All expenses of administration of the Fund including the salary and allowances of the staff and other employees shall be met from the Fund.

S.22 Accounts

The accounts of the Fund shall be maintained by the Road Safety Commissioner in such manner, as may be prescribed.

S.23 District Road Safety Council to submit reports, etc.

 Every District Road Safety Council shall submit such reports and returns and furnish such information to the Road Safety Commissioner, as may be required from time to time, and the Road Safety Commissioner shall submit a consolidated report to the Authority, annually.

S.24 Annual report

 (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 complete account of its activities of the previous year and submit such report to the Government.

(2) The Government shall cause every such report to be laid before the Legislative Assembly, as soon as may be, after the receipt

S.25 Audit

 (1) The accounts of the Authority shall be audited by Accountant General.

(2) The Authority may carry out internal audit of the accounts every year by such officials as it deems fit.

(3) The accounts of the Authority, as certified by the auditor, togethe

S.26 Punishment for failure to comply with the Authority's order

(1) Whoever refuses or fails to comply with any order of the Authority or the Road Safety Commissioner or any District Road Safety Council under this Act, shall be punishable with imprisonment for a term of six months or with fine which may extend to five thousand rupees or with both.

(2) In the case of continuing offence a fine of one thousand rupees shall be imposed for each day for which the offence continues.

S.27 Punishment for obstructing the Authority

Whoever obstructs the Authority, the Road Safety Commissioner, District Road Safety Council or any officer of the Authority or of the District Road Safety Council or any person employed or engaged by them in the discharge of the functions under this Act, shall be punishable with imprisonment for a term of maximum three years or with fine which may extend to five thousand rupees or with both.

S.28 Compounding of offences

Any offence punishable under section 26 may either before or after the institution of prosecution, be compounded by such officers or authorities and for such amount as the Government may, by notification in the Gazette, specify in this behalf.

S.29 Offences by Companies

 If an offence punishable under this Act is committed at any time by a company, every person who is in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence and the company shall be deemed to be responsible for the offence and shall be liable to be proceeded against and punished accordingly:

Provided that where any offence under this Act has been committed by a company and it is proved that the commission of the offence is with the consent and connivance attributable to any neg

S.30 Appeals

(1) Any person aggrieved by an order passed by any officer of the Authority or of the District Road Safety Council under this Act may, within such time as may be prescribed, appeal to the single member Appellate Authority who is holding the post not below the rank of District Judge or held the post as such, as may be appointed by Government in this behalf.

(2) Every appeal

S.31 Revision

The Government may, suo motu or on application made to it by the aggrieved person, call for the records of any case in which an order has been passed by the Authority or by a District Road Safety Council and if it appears to the Government, that the order is improper or illegal, after giving an opportunity of being heard to the concerned, the Government may pass such order as it deems fit. 

S.32 Members and employees of the Authority to be public servants

 All members and employees of the Authority while acting or purporting to act under the provisions of this Act or any rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). 

S.33 Protection of action taken in good faith.

 No suit, prosecution or other legal proceedings shall lie against the Government or Authority or any officer of the Government or any member or other employees of the Authority for anything, which is done in good faith or purported to be done under or in pursuance of this Act or the rules made thereunder.

S.34 Cognizance of offences and Trial

 No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence submitted with the prior permission of the Road Safety Commissioner. 

S.35 Bar of jurisdiction of Civil Courts

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 required to be settled, decided or dealt with or to be determined by the Government or the Authority or any officer authorised by the Government or the Authority. 

S.36 Act not in derogation of the Kerala Highway Protection Act, 1999

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Kerala Highway Protection Act, 1999 (6 of 2000). 

S.37 Power to give directions

The Government may give directions to the Authority in matters of policy of the Authority and the Authority shall be bound to give effect to such directions. 

S.38 Power to make rules

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

 The Authority may make regulations with the prior approval of the Government in respect of the procedure to be adopted by the Authority, Executive Committee and the District Road Safety Council, for meetings and disposal of matters coming up before the Authority or the Executive Committee or the District Road Safety Council, as the case may be. 

S.40 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty: Provided that, no such order shall be issued after two years from the date of commencement of this Act. 

(2) Every order issued unde

S.41 Repeal and Savings

(1) The Kerala Road Safety Authority Ordinance, 2007 (18 of 2007) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

Sch Schedule - (See section 10)

THE SCHEDULE 

(See section 10)

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