Jammu and Kashmir Road Safety Council Act, 2018

No: 5 Dated: Feb, 21 2018

THE JAMMU AND KASHMIR STATE ROAD SAFETY COUNCIL, ACT, 2018

 (Act No. V of 2018)

    An Act to provide for the Constitution of a State Road Safety Council and establishment of a Road Safety Fund for implementation of road safety programmes in the State and for matters connected therewith and incidental thereto.

    Be it enacted by the State Legislature in the Sixty-nineth Year of the Republic of India as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Road Safety Council Act, 2018.

(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions. - (1) In this Act, unless the context otherwise requires,-

(a) "Act" means the Jammu and Kashmir Road Safety Council Act, 2018 ;

(b) "Accident" means any incident wherein, on account of the use of a motor vehicle on a public road, death, bodily injury or damage is caused to any public property, other vehicle, or person, as the case may be ;

(c) "Cess" means the cess levied under section 9 of this Act ;

(d) "Chairman" means the Chairman/Chairperson of the Council, or District Road Safety Committee, as the case may be ;

(e) "Council" means the State Road Safety Council constituted under section 3 of this Act ;

(f) "District" means a revenue district ;

(g) "District Road Safety Committee" means the District Road Safety Committee constituted under section 18 of this Act ;

(h) "Fund" means the Road Safety Fund established under section 10 of this Act ;

(i) "Government" means the Government of Jammu and Kashmir ;

(j) "Lead Agency" means the Secretariat of State Road Safety Council constituted under section 4 of this Act ;

(k) "Local Authority" means a Panchayat constituted under the Jammu and Kashmir Panchayat Raj Act, 1989 or a Municipality constituted under the Jammu and Kashmir Municipal Act, 2000 and the Jammu and Kashmir Municipal Corporation Act, 2000, as the case may be ;

(l) "Prescribed" means prescribed by rules made under this Act ;

(m) "Public road" means a road, street, ways or other place, whether a thoroughfare or not, which the public have a right of access and includes any place or stand at which passengers are picked up or set down by a stage carriage ;

(n) "Vehicle" means any mechanically propelled vehicle adopted for use upon road whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer ; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimeters], being used for the carriage or movement of human beings, animal or goods.

    (2) Words and expressions used but not defined in the Act shall have the meaning respectively assigned to them in the Motor Vehicle Act, 1988 (Central Act 59 of 1988) or the rules made thereunder and the Jammu and Kashmir, Motor Vehicles Taxation Act, (Samvat) 1957 and the Jammu and Kashmir Motor Vehicles Rules, 1991.