Chapter VI PENALTIES

(1) Whoever fails to comply with the provisions of this Act, rules or regulations made thereunder may on conviction, be punishable with fine, which may extend to ten thousand rupees.

1. (2) Any person who violates the provisions of the Comprehensive Mobility Plan prepared under this Act may, on conviction, be punishable with fine which may extend to ten thousand rupees.

1. (1) Where the person who contravenes any of the provisions of this Act, rules or regulations made thereunder is a company, every person, who, at the time of such contravention was in-charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be liable for such contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
2. (2) Notwithstanding anything contained in sub-section (1), where the contravention of the provisions of this Act, rules or regulations has been done by a company and it is proved that such contravention has been committed with the consent or connivance of, or is 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 also be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,—
   • (a) “company” means a body corporate and include a firm or other association of individuals; and
   • (b) “director” in relation to a firm means a partner in the firm.

The proceeds of all fines and

compounding fees realized under this Act shall be credited to the Fund. Where the Authority report the offences under the Motor Vehicles Act, 1988 (Central Act 59 of 1988) under item (ii) of clause (b) of sub-section (2) of section 18, the proceeds of fine and compounding fees so realized shall be sanctioned by the State Government to the Fund concerned through appropriation subject to the provisions of the Kerala Road Safety Authority Act, 2007 (8 of 2007).

The penalties imposed under this Act shall

be in addition to, and not in derogation of, any liability under any other law for the time being in force.

1. (1) No court shall take cognizance for contravention of any of the provisions of this Act, rules or regulations punishable under this Act save on a complaint made on behalf of the Authority duly signed by the Chief Executive Officer.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no court inferior to that of a Judicial Magistrate of the First Class shall try an offence under this Act.

1. (1) Any contravention of the provisions of this Act, rules or regulations punishable under this Act may, either before or after the institution of any prosecution, be compounded by the Authority or by an officer authorised in this behalf by the State Government by notification in the Gazette, by accepting a compounding fee as may be prescribed by rules and a receipt of the amount so received shall be issued to the offender or the person concerned, in the Form as may be prescribed by rules: Provided that the compounding fee shall not exceed the maximum amount of fine mentioned in section 28: Provided further that where the contravention of any of the provisions of this Act, rules or regulations is by any company or its officer such contravention shall not be compounded if the investigation against such company has been initiated or is pending under this Act.
2. (2) Nothing in sub-section (1) shall apply in case of the subsequent contravention of the provisions of this Act, rules or regulations made by a company or a person within a period of three months from the date on which an earlier contravention made by company or person was compounded under this section.
3. (3) Where the compounding of any contravention of the provisions of this Act, rules or regulations is made after the institution of any prosecution, such compounding shall be brought by the Authority, in writing, to the notice of the court in which the prosecution is pending and on such notice of the compounding of such contravention is being given, the person in relation to whom it is so compounded shall be discharged.