(1) The Authority or the State Road Safety Committee or District or City Road Safety Committees may by order give direction to any officer of the Government department or public authority or local authority or any person of public, public or private institutions to act for the purpose of Road Safety.
Power to order works and give directions.
(2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force, it shall be lawful for the Chief Road Safety Commissioner or the Joint Road Safety Commissioner to pass following orders or give direction to ensure Road Safety, namely:-
(i) to fulfill any work or improvement on a public road, as it may consider necessary, 10 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1
(ii) to ensure implementation of all laws relating to Road Safety such as helmet, seat belt, etc.,
(iii) to implement the decisions of the State Road Safety Council,
(iv) to implement the direction given by the State Government under section 33:
Provided that no order under this sub-section shall be issued by any officer of the Government department or public authority or local authority or any person of public, public or private institutions without prior written notice and opportunity of being heard. If such officer of the Government department or public authority or local authority or any person of public, public or private institutions fails to respond or reply to the satisfaction of the Chief Road Safety Commissioner or Joint Road Safety Commissioner, a reasoned order shall be issued and same shall be binding on any officer of the Government department or public authority or local authority or any person of public, public or private institutions.
(3) Every officer of the Government department or public authority or local authority or any person of public, public or private institutions shall be bound to carry out such works or improvement or compliance of the orders or directions passed under sub-section (1) or (2) within such time, as may be specified by the Authority.
(4) It shall be the duty of any officer of the Government department or public authority or local authority or any person of public, public or private institutions to act in aid of the Authority in enforcing under subsection (1) and sub-section (2).
(5) If any officer of the Government department or public authority or local authority or any person of public, public or private institutions to whom a written order is served under sub-section (2) refuses or fails to comply with the order within the time limit set out by the Authority, the Chief Road Safety Commissioner or the Joint Road Safety Commissioner may after giving opportunity of being heard impose a fine up to ` 1,00,000 (rupees one lakh only) in person or recommend the disciplinary action upon such officer or person under the service law applicable to him and may also take such action as to prevent danger and ensure safety to the public and may recover the cost thereof from such officer of the Government department or public authority or local authority or any person of public, public or private institutions:
Provided that the fine imposed shall be recoverable from the salary of such officer of the Government department or public authority or local authority or any person of public, public or private institutions and the drawing and disbursing officer of that officer shall be liable to deduct and deposit it in the account of the Authority.
2018 : Guj. 1 ] The Gujarat Road Safety Authority Act, 2018. 11
16. Any amount due to the Authority or the Road Safety Commissioner or the Enforcement Officer under this Act shall, without prejudice to any other mode of recovery, be recoverable in the same manner as an arrear of public revenue due on land.
Amounts recoverable as arrears of land revenue.
17. Where the Authority or the Road Safety Commissioner or, as the case may be, the Enforcement Officer is of the opinion that any officer of the Government department or public authority or local authority or any person of public, public or private institutions refuses or fails to comply with any written order or direction of the Authority or Road Safety or Enforcement officer or any order passed under this Act except under subsection (2) of section 15, it shall impose a penalty by reasoned order of five hundred rupees each day till the compliance of the order or direction of the Road Safety Commissioner or the Enforcement officer, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Penalty for failure to comply order.
Provided that any officer of the Government department or public authority or local authority or any person of public, public or private institutions, as the case may be, shall be given a reasonable opportunity of being heard before any penalty imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on such officer of the Government department or public authority or local authority or any person of public, public or private institutions, as the case may be.
18. The accounts of the Fund shall be maintained by the Accounts officer under the overall supervision and control of the Chief Enforcement Officer in such manner, as may be resolved from time to time by the Authority.
Accounts of Fund.
19. Every District or City Road Safety Committee shall submit such reports and returns and furnish such information to the Authority, as may be required from time to time.
Submission of reports.