In this Act, unless the context otherwise require~,- ' •
(a) "Board" means the Kcrala Road Fund Board constituted 'under section 3,
(b) "bndge" meam a bndge With permanent ~tructure, including approach and eXIt roads, gUide bund~ and protective work~ thereto or a bridge wtth temporary structure of ferry services, as the case may be, and includes a bndge across rallwc.y hncs, roads or wate1 wav~, uncierpao;s or overbridge;
(c) "collectmg agent" means any person cntt·usted With management and collection of user fee by. any conccs~ionan·e, Jus agent, servant or sub contractor~ entitled to collect user fees;
.......-(' ~ Recctvcd the assent of the Governor on the 23Id November, 2001 and published m Kcrala Extraordmary Gaz.; tte No. 1 853 dated 23rd November, 2001.
34/1318/2002/MC 138
(d) conrcsswn aqreemcnt'' means a tt ipart1tc agtecmcnt arnon15 the roncc~~tonatt<... the Board and a Govetnmcnt agcncv or a ~tatutorv bodv specifically authonsed by Govct nment for the purpose whereby the ca'nccs~I~ naire undertake~ to finance, comtruct, numtam or operate a transport, faclli1y m accordance wtth the pro\'Jstons of th1~ Act
(c) "~oncessionairr" means a par~ Wtth which a conce~s10n agreement Is entered mto by the Board and a Government agency or a statutoty body specifically authotl';cd by Go,·cullncn t JOJ 1 he purpose, (I) "consttucttcJn'' mcludc~ new con~tructlon, recomtructlon, rehabi litation, t'epau and mamtcnance;
(g) ''development cost" means uutral Lost incuncd on the development of any transport facility pl'Oject befot e 1t IS offered to a person for Implementa tion and mcludes co~t mcurred on data collectiOn, pte-fcas1b1lzty ~tud1cs or feas1b1htv stud te5;
'
(h)' '·escrow account" meam a banJ... aLcount 111 which ea\h is to he deposited or fmm wh1ch cash JS to IJe Wlthdrav.·n m the manne1 a~ ma) be ~pecified m the conee~ston agreement,
(1) "executive eommtttee" means the executive commtttLc of the Board;
(j) ''Fund" means the Kerala Ro-td fund c~ta.blnhed undet ~ect1on 6;
(k) "Government"' meam the Go\etnment of the State o 1 Kerala.
. (1) "Government agency" mraus a co1 porauon owned or contr~lled by the Governmentur a company estabhshcd by the Government for the purpose of constructwm or maintenance oi rod.ds or bndgcs or a htghway d.Uthority;
(m) "lughway autho• tty" means the h1ghway authonty appointed undet sceUun 4 of the Kcrala l·bghway Protection Act, 1999 (6 of 2000),
(n) "Member Secretary" ITILans the :Member Secreta! y of the Board;
(o) "motor velucle" means any meehamcally propelled vcludc adapted for u~e upon roach, whether the power of propulsion Is t1 ansmltted thereto from any e"Xtcrnal or mtetnal source and mcludes a ch<.~.ss1s to wluch the body ha~ not been <.~.ttached and a h a!ler,
(p) ''owner'' mcludes, where the pe1son rn posscs.,ion of a \'chicle •~ a mmor the guardtan of such mtnor and 111 1elaUo11 to a veluclc whtch IS the subjcc't of a hire purchase agrcemrnt, the person m po~sess10n of the \'chicle under that agreement, 139
(q) "pcrc;on" mcludcs a body corporate, a company, a fitm or an associatiOn of mdividuals whether mcorp01 a ted or not;
(r) "pic-scnbed" mcam ptesc11bed by rules m<>de under thi~ Act, (c;) "project manageme-nt agency" meam the Roadc; and Bndges Development CorporatiOn ofKeiala Ltd , established by the Government under the CompanieS Act, 1956 (Centi a! Act I of 1956),
(t) "regulations" meam Iegulations made by the Board under this Act;
(u) "r9ad" mcam any road, w..ty or land declared a~ a htghway under c;ecuon 3 of the Kcrala Htghwdy Pr9tect10n Act, 1999 (6 of 2000), and mcludes any land acqUired or demat cated for comtructton of a road· /
(v) "rulec;" meanc; rules made by the GoYrrnment undet th1s Act,
(w) '\ectiOn of road or bndge" m("am a contmuou~ length of road and or bndgc a~ notified by the Go,·emmcnt m the Ga7cttc- on wh1ch uc;ct fee ~hall br charged,
(x) "semor loan" mcanc; a loan m Iespect of which a clann on assets IS pnor to the claim on the assets m respect of othet loan and wh1ch 1S specified ac;
such man agteement foi proVJdmg finance,
(y) "State" meam the State of Ke1 ala,
(z) "c;ubordmate loan" meanc; a loan m rec;pect of· wll!ch a cla1m on a~sl"ts IS subsequent to the claim on the a<;c;etc; m respect of another loan and which IS 'ipecificd as such man ag1cemt'nt for proY1dmg finance, ~
(aa) "subc;Hly"meamfinancial asc;I<;tance m ca~hor kmd provided by the Fund,
(ab) "transportfacd1ty" mt>ans,dependmg uponthecase, a bridgeora tunnelincludmg approach and ex1t roads thereto or a road or any section of bndge or tunnel or road or a 'ipecdled combmauon of all or c;ome of them;
(ac) "usmg the tramport facility" meanc;, dependmg upon the case, pac;smg over a bndgc or th10ugh a tunnel mcludmg appioach and eXIt road, thereto or passmg through a road or any scctJOn ofb11dge or tunnel or road or a specified combmation of all OI ~orne of them,
(ad) "mer fee" means the me1 fee collectcrl •'1 "~Ct;ord'l'll<::e With the pro• ISJons of this Act.
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CHAPTER II KER.ALA ROAD FUND BOARD