Amendment status not verified — confirm the current text below against the official source.
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. . .... __ ·..; -- 197 ~ 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 - (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