(1) Any person aggrieved by an order passed by any officer of the Authority under this Act may, within sixty days of the date of that order, appeal to the Joint Road Safety Commissioner.
Appeal.
(2) Every appeal preferred under sub-section (1) shall be accompanied by fees of rupees five thousand.
(3) After the receipt of any appeal under sub-section (1), the Appellate Authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.
27. The Chief Road Safety Commissioner may, suo-motu or on application made to it by the aggrieved person, call for the records of any case in which an order under section 13, 14, 15 or 26 has been passed by any subordinate officer of the Authority and if it appears to the Chief Road Safety Commissioner that the order is improper or illegal, he may pass such order as he deems fit.
Revision.
XLV of 1860.
28. All the members and employees of the Authority while acting or purporting to act in pursuance of the provisions of this Act or the rules made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Members, officers and employees to be public servants.
29. 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 intended to be done under this Act or the rules made thereunder.
Protection of action taken in good faith.
30. 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 Authority or, as the case may be, the Executive Committee or the Chief Enforcement Officer.
Cognizance of offences.
31. 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 or the rules made thereunder required to be settled, decided or dealt with or to be determined by the State Government or the Authority or any officer authorized by the State Government or the Authority.
Bar of jurisdiction of civil courts.
59 of 1988.
32. The provisions of this Act shall be in addition to, and not in derogation of any of the provisions of the Motor Vehicles Act, 1988 or any other law for the time being in force.
Act not in derogation to any law for the time being in force.
14 The Gujarat Road Safety Authority Act, 2018. [ 2018 : Guj. 1 Power of State Government to give directions.
33. The State Government having regard to-
(a) the desirability of effective enforcement of the provisions of this Act or any other law for the time being in force to control and regulate the road traffic,
(b) the desirability to reduce vehicle density on public road,
(c) the desirability of preventing the road accidents,
(d) the desirability of preventing the deterioration on the road system, may, from time to time, by notification in the Official Gazette, issue directions to the Authority,-
(i) regarding control of the purchase of second vehicle,
(ii) regarding prevention and regulation of the use of the vehicles more than age of 15 years and manner for the scrap thereof,
(iii) regarding fixing time of the use or prohibiting use of the of the vehicle on the public road in the specific area or areas,
(iv) regarding the appointment of any public or private agency after following due process by the Authority; for the purpose of road safety measure in specific area or areas, to remove traffic nuisance, detect traffic offence, accept composition fee, recover fine or penalties, recover cost of the damage caused by traffic nuisance, regularize any other measure related to road safety in the benefit of public at a large,
(v) regarding fixing of service charge as may be levied by such agency,
(vi) any other direction as the State Government may deem fit to give to ensure road safety:
Provided that the rate of compounding fees, penalties or fine shall be specified under the respective laws or rules made thereunder:
Provided further that compounding fees, penalties, fine or cost shall be deposited in the Government treasury by such agencies. However, such agencies may be entitled to retain service charge with itself.
Explanation.- For the purpose of clause (i), “second vehicle” means the second number of vehicle purchased by the person who owned one vehicle.
Power to make rules.