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    KRSA Act Translation

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    8 views15 pages

    KRSA Act Translation

    Uploaded by

    Niju Azhakesan
    KRSA Act Translation

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 15
    Preamble Sectuons 1 2 3 4 A 6 7 8 9 10 " 2 B 4 1s, 16. 1. 18 19 20 a 2 2B m4 2 185 ‘THE KERALA ROAD SAFETY AUTHORITY ACT, 2007 (ACT 8 OF 2007) CONTENTS Shor tle and commencement _ Definitions . Constitution of the Authonty Functions of the Authority Exeoutve Commitee . Meetings Disposal of Business Vacancies ete not to invalidate proceedings ofthe Authonty Road Safety Commissioner Lewy and collection f cess Fstabluhment of the Fund Vesung and Administration of the Fund . Uulizaton of the Fund Power to order removal of cm Power to order works Power to recover Cost Amounis recoverable as arcarof land revenue Delegation Disinet Road Safety Counc Sut Expenses Accounts Dastnct Road Safety Council to submit reports ete ‘Annual report . Audit cs of agcidents ‘2504201007 186 Punishment fr faire to comply wih the Autonty’s order Panshment for obstucing the Authoniy Conpoundng of offences Offences by Companies ‘Avreals Revson Members and Employees of he aulonty tobe puble servants Protection of action taken n good fat Cognvance of ofences and wal Bar of nition of Ci Cours ‘Act not in derogation of the Kerala Highway Protection Act, 1999 Power to give deetons Power to mak rues Regulations * Removal of difficulues Repeal and Savings +, 187 {Translation im English of “2007-91 eaop eoons ajoomo mmamadgl «a4 Published under the authonty of the Governor] ACT 8°O¥ 2007 * ‘THE KERALA ROAD SAFETY AUTHORITY ACT, 2007 An Act to provide for the constuution of a Road Safety Authority for the = implimentation of Road safety programmes in the State, for the establishment of « Road Safety Fund and for maiers connected therewuh ‘and incidental thereto Preamble —Wicatas, it 1» expedient to provide for the constitution of a Road Safety Authonty for the implementation of road safety programmes in the Stat, forthe establishment of a Road Safety Fund and for mates connected therewith and incidental thereto; Be it enacted 1n the fifty-eight Year of the Republic of india as follows — 1 Short ule and commencement.—(1) This act may be called the Kerala Road Safety authonty Act, 2007. (2) It shall be deemed to have come into fofee on the 7th day of January, 2006, 2 Definitions (1) In this:Act, unless the content otherwise requites,— (2) “acetdent" means any incident wherein, on account of the use of a ‘motor vehicle on a public road, death, bodily inyury or damage caused 10 any public properties, other vehicles, person, persons or property or to any public property or other vehicles, as the case may be; (©) “Authornty” means the ‘Road Safety Authonty’ consututed under section 3; (©) “cess” meats the cess levied under section 10; (4) “Chairman” means the Chairman of the Authority, Executive Commuttes or Distnct Road Safety Council, as the case may be; (©) “Asstt” means a revenue district; (O “District Road Safety Council” means ihe District Road Safety Council consiututed under section 19, (a) “executive commities” means the executive commities of the Authonty, : (h) “fund” means the Road Safety Fund constituted under section 11; “ Recenved the astent of Governor on the 13th April, 2007 and published +m the: Kerala Gazette Extraordinary No 706 dated 13th April, 2007 188 () “local authonty” means a Panchayat constituted under the Kerala Panchayat Ray Act, 1994 (13 of 1994) or a Municipality constituted under the Kerala Munverpality Act, 1994 (20 of 1994), () “public road” shall include, any private road to which public have ‘access and also the traffic islands, medians and footpaths, (&) “prescribed” means presenbed by rules made under this Act, * () “regulations” means the regulations made under section 39, (m) *velucle” includes any contraption or device used or capable of boeing used for the camage or movement of human beings, anumals or goods, (2) Words and expresstons used but not defined in this Act shall have the meafings respechvely assigned to them in the Motor Vehicles Act, 1988 (Central Act $9 of 1988), Kerala Highway Protection Act, 1999 (6 of 2000) or the rules made thereunder, 3 Constitution of the Authority—(1) The Government may, by notification in the Gazette, consutute, with effect ftom such date as may be specified thee, an Authonty to be called the Kerala Road Safety Authonty (2) The Authonty shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with powers, subject to the provisions of ths Act, to acquie, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued (@) The Authonty shall consist ofthe following members, namely — (@) the Minister for Transport who shall be the Chairman of the Authority, (©) the Minister for Works, who shall be the Vice-Chairman of the ‘Author, (©) the Chef Secretary, (@ the Prncipal Secretary, Transport Deparment, (©) the Taw Secretary, (Othe Principal Secretary, Home Department; (@) the Poncpal Secretary, Finance Deparment, (b) the Prncipal Secrtary, Publ: Works Department, (0) the Pemipal Secretary, Health and Faruly Welfre Department, s 189 () the Principal Secretary, General Education Department, (W) the Principal Secretary, Local Self Government Department, () The Road Safety Commissionei, who shall be the Chief Executive Officer of the’ Authonty, : (ta) the Ducetor General of Police, (0) the Director, Health Services Department ; (©) the Inspector General of Police (Traffic), (p) The Chief Engineer (Roads and Bridges), (@ The Chuef Engineer (National Highways), (© The Ducctor, National Transportation, Planning and Rescarch Cer (8) The Secretary, State Transport Authonty; (9 three persons who are experts in the field of road safety nominated by the Goverment (4) The nominated members of the Authonty shall hold office for a period of five year from the date of apposntment (5) Any nominated member may at any ume, resign his office by a letter addressed to the chairman of the Authonty. 4. Functions of the Authoruy —The Authonty shall have the following functions, namely.— (@) advising the Government on road safety policies; () prescribing and enforcing road safoty Standards and procedures, (©) formulate and implement schemes, projects and programmes, relaung to road safety, (d) co-ordinating the functions of all the agencies and Government Departments discharging the duties related to road safely, (©) Implementing road safety awareness programmes, ~ (0) admimstration of the Tund, (g) sanctioning expenditure for the implementation of road safety ‘Schemes and programmes, 2 190. ¢h) sanctioning expenditure for road safety projects and for purchase and installation of equipments and devices connected with road safety, (1) sanctioning expenditure for the conduct of studies, projects and rescarch on matters relating to road safety, sanctioning expenditure for tauma-care_programmes or (®) sanctioning admnsstratve expenditure of the authonty; () sanctioning expenditure on matters connected with road safety ‘measures; (1m) formation of self help groups, under the leadership of the Authority for the rescue operation in the place of accident, (1) discharging such other functions, as may be prescribed, having regard to the objects of thie Act 5. Execute Commitee (1) There shall be an Executive Commute for the feuthonty consisting. of the following members, namely —— (a) Chief Secretary, who shall be the Chairman of the Executive Commitee, (b) Transport Commissioner, who shall be the Vice-Chaurman of the Execubve Commitice, . (©) lnspostor Goneral of Poice (Trafic), (@) Chief Engineer (Roads and Bridges), () Chief Engineer (National Highways); (0) Drrctor, Health Serves Department, (g) Drector, Natonal Transportation, Planng and Research Centre; (@) Secretary, State Transport Authonty—Member Secretary (2) The Executive Committee shall be sn-chatge of the implementation of the decisions of the authonty. (3) Subject to such restrictions, conditions and limitations, as may be imposed by the authonty, the Executive Committee shall exercise such powers and discharge such functions of the Authonty as may be delegated to wt by the ‘Authonty . -< 191 6. Meeungs—(1) The Authonty and the Executive Committee and the District Road Safety Council shall mect at such time and place as may be decided by the Chauman ofthe Autbonty, the Executive Commitee or the Distnet Road Safety Council, as the case may be, and shall observe such rules of procedure mn relauon to transaction of business atthe meetings as may be nade by regulations (@) Every meeting of the Authority or the Executive Commitee shall be presided over by the Chairman or yn his absence by the Vice-Chaurman of 1 his absence, a member chosen by the members present. ) The Authority shall meet at least once in six months. (4) The quorum for a mecting of the Authonty shall be seven, (3) The Executive Commuttee shall meet atleast once a month. (6) The quorum for mecung of Executive Commuter shall be three. 7 Disposal of Business. —Every matter to be decided by the Authonty ‘or the Executive Commuttee shall be considered and disposed of at the mectings of the Authority of of the Executive Committee as the case may be, sn accordance with the deciston of the majority of the members present 8 Vacancies etc not to invalidate proceedings of the Authorily.=No act ‘oF proceedings of the Authority shall be questioned or shall be invalidated merely fon the ground of existence of any vacancy or defect in the constitution of the Authonty. 9. Road Safety Commissioner —The Transport Commissioner shall be the ex-officio Road Safety Commissioner for the purpose of this Act 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 atthe 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 Provided further that sf the Government are of opinion that st 18 necessary 1 the public interest 50 to do, they may, by notification in the Gazette, make an ‘exemption in regard w the cess payable under Us Act im respect of any motor vehicle or class of motor vehicles. (2) Every cess leviable under sub-section (1) shall be payable by the registered owner or any person having possession or control of the motor vehucle, as the case may be. 192 (3) The cess levied under sub-section (1) shall be collected by the taxation officer appomnted under the Kerala Motor Vehicles Taxation Act, 1976 (19 of 1976) or m such manner and at such time as may be prescribed. (4) The Govemment may, by notification in the Gazette, direct that for the purpose of collection of cess, the provisions of the Kerala Motor Vehicles ‘Taxation Act, 1976°(19 of 1976), shall apply, subject to such modifications as may bee specified in the notification (8) Where any person who 1s lable t0 pay the cess in respect of a motor vehicle fails to pay the cess within the time prescribed under sub-section (3), such pefson shall, for the default of cack year, m addition to the cess, pay an amount of fine equal to ten per cent of the cess due (6) The proceeds of the cess levied and collected under this Act by the Government together with fines, interest and fees recovered thereunder shall frst be credited to the Consolidated Fund of the State and after deducting the expenses. of collection and recovery, 4s determined by the Govermnenty the remaining amount shall, under appropriation duly made by lawn dhs behalf, be ‘entered into and transfered to the Fund (7) Any amount transferred to the Fund shall be charged on the Consolidated Fund of the State 11 Establishment of the Fund—(1) After the constitution of the Authonty, within one year, there shall be established a Fund to be called the Kerala Road Safety Fund @) Tadeo chall be credied to the Fund, (2) the améunt transferred under sub-section (6) of section 10; () grants, loans or advance made by the Government; (© granis, loans or advance made by the Government of India, (@)_contibutions from public oF private institutions or organisations, (©) componding fee collected under section 28, (@)_ The Government shall contmbute to the fund every year, an amount ccqual to fifty per cent of the componding fee collected in the previous year tinder section 200 of the Motor Vehicles Act, 1988 (Central Act $9 of 1988) 12 Vesung and admumstration of the Fund —(1) The fund shall vest sm and bbe administered by the Authonty constituted under section 3. (2) The authonty shall administer the Fund vested init an such manner, as may be prescribed ~ a 193 (3) All amounts forming part of the Yund shall be deposited in the State Bank of Travancore or any Nationalised Bank, as may be decided by the Authority and the account shall be operated by the Chairman of the Executive ‘Commute and the Chief Executive Officer of the Authority jointly im such manner, as the Authority may decide 13 Unlizonan of the Fund —The Found shall he unlized for all or any of the following purposes, namely — (a) road safety programmes, (b) Awareness programme in repect road safety, (©) purchases of equipments connected with road safety, (a) funding of approved studies on projects and research regarding road safety, (©) trauma-care programmes and related activites, (0) administrauve expenses of the Authonty, (g)_ expenditure on matters connected with road safety, as the authority may deem fit, and (h) any other purpose as may be prescnibed 14 Power 10 order removal of causes of accidents —(1) Notwithstanding anything contained in any other law for the time being in force, where the Authonty 1s satisfied on complaint, report by any person or otherwase that, () the act of any person or persons on a public road, or (1) the placement of positioning of any vehicle, ammal, object built without the approval of any recognised administrative authority, structure or matenals including arches, banners, display boards, hoardings, awning tents, pandals, poles, platforms, restrums, statues, monuments and other similar structures, of a public road, or (Gn) the movement of animals or vehicles on @ public road; or (iy) the condition of any tree, structure or building situated im the vicinity of a public road, or (¥) the entry or exit of any building or premise in the vicmity of a ‘public road, 1s likely to cause, accidents oF causes obstruction to the tree flow of traffic or distract the attention or obstiact the vision of the driver of any vehicle, the Road Safety Commissioner may, after recording reasons thercof, direct the person concemed, exther by a general or specral order, take such measures within two months as 1 considers novessary and such person shall be bound to comply with the direction within such time, as may be specified by the authonty ‘3450er01010Te 194 2) Notwithstanding anything contained im sub-section (1), m case of urgency, the Road Safety Commissioner may take such action as may be necessary 10 prevent accident or obstruction, as the case may be, and recover the cost thercof from the person responsible, in such manner as may be prescribed 15. Power to order works —(1) Notwithstanding anything contained 1m any other law for the tame being in force, st shall be lawful forthe Authonty to order any work or improvement on a public road, asst 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 oF ‘improvement within such time, as may be specified by the authonty. Provided that no order under this sub-sccion_ shall be skued an respect of. any highway declared as such under the Kerala Highway Protection Act, 1999 (6 of 2000) except with the prior consultation of the highway authoruy of the respective area appointed under the said Act Provided further that st shall not be assued 1m respect of the roads under the contol ofthe Local Self Government Instuons witout par consultation with the respective Local Self Government (2) It shall be the duty of every officer of the Government, Local Authonty or any other authority to act in aid of the authority in enforcing the orders ‘under sub-section (1) 16 Power 10 recover cost —If any person on whom a written order 1s 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 legitunate interest thereof from such person 17, Amounts recoverable as arrear of land revenue Any amount due to the Authority undef this act shall, without prejudice to any other made of recovery, be recoverable 1m the same manner as an arrear of revenue duc on land 18 Delegation —The Authority may, with the previous approval of the Goverment, deligate to the Executive Commitice, Road Safety Commissioner of the District Road Safety Council such of sis powers and functions, as st may consider necessary, for the effective implementation of the road safely programmes by general or special order, subject to such restnctions as xt dooms fi 19 Duiriet Road Safety Council —(1) The Government may, by notification 1m the Gazette, constitute a Council to be called the District Road Safety Council 1m every District in the State 195 2). Every District Road Safety Council shall consist of the following, members, namely — (@) The District Collector—Ex-officio, who shall be the Charman of the Council, (&) The Disinct Superintendent of Police—ex-officr, (©) The Executive Engincer (Road and Bridges) —ex-offcw, (@ The Exteuuve Engincer (National Highways)—er-offcw, (© The Regional Transport Officer having Junidiction over the headquarters of the District—ex-officio, who shall be the Member secretary of the Council; and (‘An expert in the field of road safety nominated by the Government. . (3). The District Road Safety Council shall exercise such powers and ‘perform such functions, as the Authority may from tume to time, delegate 20 Staff—(1) The Authority may, with prior approval of the Government, “appoint such officers and staff as st deems necessary for the discharge of 1s 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 21 Expenses.—All expenses of admiistration of the fund cluding the salary and allowancess of the staff and other employees shall be met lioin the Fund, 22 Accounts —The accounts of the fund shall be maintained by the Road Safety Commissioner in such manner, as may be prescribed 23. District Roud Safety Council to submit repor's, etc —Every District Road Safely Council shall submit such reports and returns and furnish such information to the Road Safety Commissioner, as may be required from time 10 tume, and the Road Safety Commissioner shall submt 2 consolidated report to the authonty, annually c 24 Annual report —(1) The Authority shall during cach financial year prepare in such form and at such time, 26 may be prescribed. an annval report fiving a complete account of is activites 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 of the same. 196 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 at deems fit 43) The accounts of the Authorty, as certified by the auditor, {ogether wath the audit report thereon shall be submitted to the Government along, ‘wath the remarks thereon by the authonly and the Government shall cause the sate to be laid before the Legislative Assembly (4). The Authonty shall take such corective. steps as may be ordered by the Govemment on the basis of the report 26 Punishment for failure to comply with the Authority's order —(1) Whoever refuses or fails t© comply wath any order of the Authonty or the Road Safety Commissioner or any Disinct Road Safety Council under this Act, shall bbe punishable with imprisonment for a tem of six months or wath fine which may extend to five thousand rupees or with both (2) im the case of continuing offence a fine of one thousand rupees shall be amposed for each day for which the offence continues = 27 Punishment for obstructing the Authoruy:—Whoever obstructs the Authonty, the Road Safety Commissioner, Distnct Road Safety Councs! or any officer of the Authority or of the District Road Safety Council or any person employed or engaged by them m the discharge of the functions under this Act, stall be punishable with impnsonment for a tenn of maximum three years oF with fine which may extend to five thousand rupees or with both 28 Compounding of offences Any offence punishable under section 26 ‘may eather before of after the institution of prosecution, be componded by such officers or authorities and for such amount as the Government may, by rolification an the Gazette, spegafy inthis behalf 29° Offences by Companies —If am offence punishable under this Act 15 commutied at any time by a company, every person who 1s in charge of and responsible to the company for the conduct of sts 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 ltable to be proceeded against and punished accordingly. ~ 197 Provided that where any offence under this Act has been committed by a company and st 15 proved thatthe commission of the offence 1s with the consent and connwance attnbutable to any neglect on the part of any Director, Manager, Secretary or other officer of the company such Durcctor, Manager, Secretary or other ofticer shall be doemed to be responsible for that offence and shall be hable to be proceeded against and punished accordinply. 7 Explananon-~For the purpose of this section, — (a) ‘company’ means any body comporate and includes @ firm or other association of individuals, and (®) ‘Director’ sm relanon to.a finn means the panier m the firm. 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 proscribed, appeal to the single member Appellate Authority who 1s holding the post not below the rank of District Judge or held the post as such, as may be appointed by Government in this ‘bohalf (2) Every appeal profered under sub-section (1) shall b& accompanied by such fees, as may be prescribed 3) Afer the receipt of any appeal under sub-section (1), the appellate authonty shall, after giving the appellant an opportunity of being, heard mn the matter, dispose of the appeal as expeditiously as possible 31 Revision —The Government “may, suo motu oF on application made to 1 hy the aaggneved persen, call forthe rocords of any ase in which an order has been passed by the Authonty or by 9 Disnet Road Safety Couneit and if appears t6 the Government, that the order 1s improper of llega, afer ging

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