Power of Government agencies and statutory bodies to enter into concession agreements.

(1) Notwithstanding anything contained in the Kerala Highway Protection Act, 1999 (6 of 2000), or in any other law for the time being in force, any Government agency or with the permission of the Government any statutory body may enter into a concession agreement in accordance with the provisions of this Act for the construction of a transport facility. (2) When an agreement is entered into under sub-section (1) the concessionaire or the Government agency or the statutory body, as the concession agreement may provide, is entitled to levy and collect user fees on a motor vehicle using the transport facility of such rate, for services or benefits rendered by him which shall be fixed by the Board considering the expenditure involved in building, maintenance, management and operation of the whole or part of such transport facility, interest on capital invested, reasonable return, the volume of traffic and the period of such agreement: Provided that the user fees collected by a concessionaire shall be retained by him and utilised in accordance with the provision of the concession agreement. (3) The concessionaire or the Government agency or the statutory body, as the case may be, shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) on the roads or the bridges and tunnels together with their approach and exit roads forming subject matter of such concession agreement for proper management thereof.