(a) Road safety programmes;
(b) Awareness programme in respect of road safety;
(c) Purchases of equipment5 connected with road safety;
(d) Funding of approved studies on project and research regarding road safety;
(e) Trauma-care programmes and related activities;
(f) Administrative expenses of the Authority;
(g) Expenditure on matters connected with road safety, as the Authority may deem fit; and
(h) Any other purpose as may be prescribed.
14. Power to order removal of causes of accident. (1)Notwithstanding anything contained in any other law for the time being in force, where the Authority is satisfied on complaint, report by any person or otherwise that-
(i) the act of any person or persons on a public road; or
(ui) the placement or positioning of any vehicle, animal, object built without the approval of any recognized administrative authority, structure or materials including arches, banners, display boards, hoard~ngs, awnings, tents, pandals, poles, platforms, rostrums, statues, monuments and other similar structures, ona public road; or
(i) the movement of animals or vehicle on apublic mad; or
(ii) the condition of any tree, structure or building situated in the vicinity of a oublic road: or i The entry or exit of any building or premise in the vicinity of apublic road; is likelv to cause accidents or causes obstruction to the fiee flow of traffic or distract the attention or obstruct the vision of the driver of any vehicle, the Road Safety Commissioner may, alter recording reasons thereof, direct the person concemed, either by a general or special order, to take such measures within two month as it considers necessary and such person shall be bound to comply with the direction within such time, as may be specified by the Authority.
(2) Notwithstanding anythmgs contained in subsection (I), in case of urgency, the Road Safety Commissioner may take such action as may be necessary to prevent accident or obstruction, as the case may be, and recover the cost thereof from the person responsible, in such manner as may be prescribed.
15. Power to order works. (1) Notwithstanding anythmg contained in any law for the time being in force, it shall be lawful for the Authority to order any work or - improvement on apublic road, as it considers necessary, to secure safety on such roads and each concemed Government department or the local authority or any other authority shall be bound to carryout such works or improvement withn such time, as may be specified by the Authority:
Provided that no order under this sub-section shall be issued in respect of any highway declared as such under, except with the prior consultation of the highway authority of the respective area appointed under the said Act.
Provided further that it shall not be issued in respect of the roads under the control of the Local Self Government Institutions witbout prior consultation with the respective Local Self Government.
(2) It shaU be the duty of every officer of the Government, local authority or any other authority to act in aid of the Authority in enforcing the orders under sub-section (1).
16. Power to recover cost. If any person on whom awritten order is servedunder section 14 rehses 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 legitimate interest thereof fiom such person.
17. Amount recoverable as area of land revenue. Any amount due to the Authority under this Act shall, without prejudice to any other mode of recovery, be recoverable in the same manner as an arrear of revenue due on land.
18. Delegation. The Authority may, with the previous approval of the Government, delegate to the Executive Committee, Road Safetv Commissioner or the District Road Safety Committee such of its powers andfunctions, as it may consider necessary, for the effective implementation of the road safety programmes by general or special order, subject to such restrictions as it deems fit.
19. District Road Safety Committee. (1) The Government may, by notification in the Gazette, constitute a Committee to be called "the District Road Safety Committee" in every district in the State.
(2) Every District Road Safety Committee shall consist of the following members, namely:-
(a) The Deputy Commissioner, Ex-officio who shall be the Chairman of the Committee.
(b) The District Superintendent ofPolice-ex-officio;
(c) The Executive Engineer (Roads and Bridges)-ex-officio;
(d) The Executive Engineer (National Highways)-ex-officio; and
(e) The Regional Transport OfficerIDistrict Transport Officer having jurisdiction over the head quarters of the District-ex-oficio; who shall be the Member Secretary of the Council;
(f) An expert in the field ofroad safety nominated by the Government.
(3) The District Road Safety Comnuttee shall exercise such powers and perfom such functions, as the Authority may, from time to time, delegate.
20. Staff. (1) The Authority may, with prior approval of the Government, appoint such officers and staff as it deems necessary for the discharge of its functions under this Act.
(2) The designation, method of appointment andother conditions of service of the staff shall be such, as may be prescribed.
21. Expenses. All expenses of administration of the Fund including the salary and allowances of the staff and other employees shall be met from 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 Road Safety Committee to submit reports, etc. Every District Road Safetv Committee shall submit such reoort and returns and furnish such information to the Road Safety Commissioner, as may be required fiom time to time, and the Road Safety Commissioner shall submit a consolidated report to the authority,
24. Annual report.
(1) The Authority shall during each financial year prepare, In such form and at such time, as may be prescribed, an annual report giving a complete account of its activities ofthe 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 soonas may be, after the receipt ofthe same.
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 suchofficials as it deems fit.
(3) The accounts of the Authority, as certified by the auditor, together with the audit report thereon shall be submitted to the Government along with the remarks thereon by the Authority and the Government shall cause the same to be laid before the Legislative Assembly.
(4) The Authority shall take such corrective steps as may be ordered by the Government on the basis of the report.
26. Punishment for failure to comply with the Authority's Order:
(1) Whoever refused or fails to comply with any order of the Authority or the Road Safety Commissioner or any District Road Safety Committee under this Act, shall be punishable with imprisonment for a term of six months or with fine which may extend to five thousand rupees or with both.
(2) In the case of continuing offence a fine of one thousand rupees shall be imposed for each day for which the offence continues.
27. Punishment for obstructing theAuthorily. Whoever obstructstheAuthority, the Road Safety Commissioner, District Road Safety Committee or any officer of the Authority or of the District Road Safety Committee or any person employed or engaged by theminthe discharge ofthe functions under this Act, shall be punishable withimprisonment foratermofmximumtbree yearsorwithfinewhichimy extend to five thousand rupees or with both.
28. Compounding of offences: Any offence punishable under section 26 may either before or after the institution of prosecution, be compounded by such off~cers or authorities and for such amount as the Government may, by notification in the Gazette, specify in this behalf.
29. Offences by Companies: If an offence punishable under this Act is committed at any time by a company, every person who is in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence and the company shall be deemed to be responsible forthe offence and shall be liable to be prosecuted against and punished accordmgly:
Provided that whereany offence under this Act has beencommitted by acompany and it is proved that the commission of the offence is with the consent and comivance attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officer shall be deemed to be responsible for that offence and shall be liable to be prosecuted against and punished accordingly.
Explanation:- For the purpose of this section;-
(a) " Company' means anybody corporate and includes a firm or other association of individuals; and
(b) Director' in relation to a firm means the partner in the iirm.
30. Damage to Public Property:
(1) Where public property damage has resulted from an accident arising out of the use of motor vehicle or motor vehicles, the owner ofthe vehicle shd~l, or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation to the actual value ofthe damagedpublic property as assessed by the public authority.
(2) The accident vehicle shall not be released to the owner until the compensation amount so h e d under sub section (1) is mhz.ed and the no objection certificate is issued by the concerned public authority.
(3) The Government shall constitute PublicAuthority for eachdistrict which shall assess the damage to Public Property.
Appeal:
( I ) Any person aggrieved by an order passed by any officer of the Authority or ofthe District Road Safety Committee under this Act may, within such time as may be prescribed, appeal to the single member Appellate Authority who is holding the post not below the rank of District Judge or held the post as such, as may be appointed by Government in this behalf.
(2) every appeal preferred under sub-section (1) shall be accompanied by such fees, as may be prescribed.
(3) Afler the receipt of any appeal under sub-section (I), the Appellate Authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.
32. Revision: The Government may, so motu or on application made to it by the . .
aggrieved person, call for the records of any case in which an order has been passed by the Authority or by a District Road Safety Committee and if it appears to the Government, that the order is improper or illegal, after giving an opportunity of being heard to the concerned, the Government may pass such order as it deems fit.
33. Members and employees oftheAuthority to be public servants: AU members and employees oftheAuthority while acting orpurportingto act under the provisions of this Act or any rules made thereunder shall be deemed to be public servants within the meaning of section 2 1 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
34. Protection of action taken in good faith: No suit, prosecution of order legal proceeding shall lie againstthe 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 purported to be done under or in pursuance of this Act or the rules made thereunder.
35. Cognizance of offences and Trial: 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 Road Safety Commissioner.
36. Bar of jurisdiction of Civil Courts: No Civil Court shall havejurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settle, decided or dealt with or to be determined by the Government or the Authority or any officer authorized by the Government or the Authority.
37. Power to give direction: The Government may give directions to the authority in the matter of policy of the Authority and the Authority shall be bound to give effect to such directions.
38. Power to make rules:
(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act,
(2) in particular and without prejudice to the generality ofthe fore-going power, such rules may provide for all or any of the following maters, namely,
1. Functions to be performed by the Authority:
2. The manner and time for collection of cess under section 10:
3. ?'he manner in which the Fund shall be administered by the Authority.
4. Thepurposesfor which the Fund shall be utilized:
5. The designatLon, method of appoinment and other conditions of service of the officers and staff of the Authority:
6. The manner in which the accounts ofthe Fund to be maintained by the Road Safety Commissioner under xction22:
7. The from and time for preparation of annual report under section 24:
8. The time and fee for filing appeal under section 30:
9. Any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days, &ch may be comprised is one sessionor in two successive sessions and if, before the expiry ofthe sessionin which it is laid or the sessionimmediately following, theLegislative Assembly makes any modification in the rules or decides that the rule should not bemade, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
39. Regulation: The Authority may make regulations with the prior approt a! of the Government inrespect ofthe procedure to be adopted by the Authoritj.. Executive ~ommittee and the ~istrict Road safety ~omnlittee, f o ~ meetings and dispcsal of matters coming up before the Authority or the Executive Committee or the Dis'sict Road Safety Committee., as the case may be.
40. Removal of diff~cultie
(1) If any di5culty arises in giving effect to the provisions ofthis Act, the Government may, as occasion may req~iie, by order, do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty:
Provided that, no such order shall be issued after two years from the date of commencement of this Act.
(2) Every order issued under this section shall be laid before the Legislative Assembly.