ROAD SAFETY COUNCIL

ACT, 2018
(Act No. V of 2018)
 THE JAMMU AND KASHMIR STATE ROAD SAF ETY
COUNCIL ACT, 2018

(Act No. V of 2018)

CONTENTS

SECTION.
CHAPTER I

Preliminary

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Constitution of the State Road Safety Council

3. Constitution of the Sate Road Safety Council.

4. Lead Agency.

CHAPTER III

Conduct of Business

5. Meetings.

6. Disposal of business.

7. Vacancies not to invalidate the proceedings of the Council.

8. Road Safety Commissioner.

9. Levy and collection of cess.

10. Establishment of the Fund.

11. Vesting and administration of the Fund.

12. Utilization of the Fund.

13. Removal of causes of accidents.

402 STATE ROAD SAFETY COUNCIL ACT, 2018

SECTION.
14. Power to order works.

15. Power to recover cost.

16. Amounts recoverable as arrear of land revenue.

17. Delegation of powers.

18. District Road Safety Committee.

18. District Road Safety Committee.

19. Staff.

20. Expenses.

21 Accounts.

22. Annual report.

23. Audit.

CHAPTER V

Punishment and Penalty

24. Punishment.

25. Compounding of offences.

26. Offences by the Companies

CHAPTER VI

Appeal, Revision and Review

27. Appeal.

28. Revision.

CHAPTER VII

Miscellaneous

29. Members and employees of the Council to be the public servants.

 STATE ROAD SAFETY COUNCIL ACT, 2018 403

SECTION.
30. Protection of action taken in good faith.

31. Cognizance of offences.

32. Bar of jurisdiction of Civil Courts.

33. Power to give directions.

34. Power to make rules.

35. Regulations.

36. Power to remove difficulties.

37. Repeal and savings.

–––––––
 STATE ROAD SAFETY COUNCIL ACT, 2018 405

THE JAMMU AND KASHMIR STATE ROAD SAFETY

COUNCIL ACT, 2018

(Act No. V of 2018)

[Received the assent of the Governor on 21st February, 2018 and

published in the Government Gazette dated 21st February, 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 1[in the Union territory of Jammu and Kashmir] and for matters
connected therewith and incidental thereto.

Be it enacted by the State Legislature in the Sixty-ninth 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 ;
1. Substituted for “in the State” by S.O.1229(E) dated 31.03.2020.
* Now Official Gazette.
406 STATE ROAD SAFETY COUNCIL ACT, 2018

(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 ;

1
[(i) “Government” means the Government of the Union territory 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.
1. Clause (i) substituted by S.O.1229(E) dated 31.03.2020.
 STATE ROAD SAFETY COUNCIL ACT, 2018 407

(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.

CHAPTER II

Constitution of the State Road Safety Council

3. Con s tit uti on of the Sat e Ro ad Saf ety Counc il. ––(1 ) T he
Government shall, by notification in the *[Government Gazette], constitute
a Council to be known as “The Jammu and Kashmir State Road Safety
Council”, comprising of Chairman, who shall be Incharge Minster of
Transport Department, 1[Chief Secretary of the Union territory] as Vice-
Chairman and such other members as may be notified by the Government.

(2) The Council shall be a body corporate by the name of “The Jammu
and Kashmir State Road Safety Council”, and shall have perpetual
succession and a common seal, with powers to acquire, hold and dispose
of property, subject to the laws relating to immovable property in the State
and to contract and may sue and be sued in its name.

(3) The Council shall exercise such powers and perform such functions,
as may be prescribed by the Government in this behalf from time to time.

(4) Without prejudice to generality of the foregoing provision, the

Council shall have following functions, namely :––

(a) advise the Government on road safety policies ;

(b) prescribe and enforce road safety standards and procedures,

formulate and implement schemes, projects and programmes,
relating to road safety ;

(c) co-ordinate the functions of all the agencies and Government

Departments discharging the duties relating to road safety ;

(d) conduct the road safety awareness programmes ;

(e) management of the Road Safety Fund ;

* Now Official Gazette.
1. Substituted for “Chief Secretary of the State” by S.O.1229(E) dated 31.03.2020.
408 STATE ROAD SAFETY COUNCIL ACT, 2018

(f) allocation of expenditure for implementation of road safety

schemes and programmes ;

(g) allocation of expenditure for road safety projects and for

purchase and installation of equipments and devices connected
with road safety ;

(h) allocation of expenditure for the conduct of studies, projects

and research on matters relating to road safety ;

(i) allocation of expenditure for trauma-care programmes or

activities ;

(j) allocation of administrative expenditure of the Council ;

(k) allocation of expenditure on matters connected with road safety

measures ;

(l) formulation of self help groups, under the supervision and

control of the Council for the rescue operation on the place of
accidents ; and

(m) any other matter which the Council may consider necessary.

4. Lead Agency. ––(1) There shall be a Lead Agency, which shall be

headed by an officer not below the rank of Additional Commissioner,
Transport/Special Secretary and such other members as may be notified by
the Government.

(2 ) T he Lea d Agency shal l be the imp le men ting age nc y for

implementation of the decisions of the State Road Safety Council.

(3) The functions of the Lead Agency shall be as follows :––

(i) to work as a Secretariat for the State Road Safety Council,

arrange meetings of the Council, issue its minutes and monitor
the implementation of the decisions of the Council by the
concerned departments of the State ;

(ii) t o c o -o r d i na t e wi t h t he c o n c er ne d d e p a r t me nt s o f t he
1
[Government of the Union territory of Jammu and Kashmir]to
ensure implementation of the directions issued from time to time
1. Substituted for “State Government” by S.O.1229(E) dated 31.03.2020.
 STATE ROAD SAFETY COUNCIL ACT, 2018 409

by Supreme Court Committee on Road Safety and furnish

Compliance Report in a time bound manner ;

(iii) to ensure implementation of the directions given by the Central

Government ;

(iv) to notify annual targets for reduction of accidents and fatalities

as fixed by the *State and draw up an Annual Action Plan to
achieve the targets and monitor its implementation.

(v) to collate on a regular basis data on road accidents and analyze

the data to identify areas/road stretches and categories of
accident victims who should be focused upon ;

(vi) to manage the Road Safety Fund and ensure that the Fund is
effectively utilized.

(4) The Lead Agency shall also exercise such powers and perform
such functions of the Council as may be delegated to it by the State Road
Safety Council.

CHAPTER III

Conduct of Business

5. Meetin gs. ––(1) The Council and the Distri ct Road Safety
Committees shall meet at such time and place as may be decided by the
Chairman of the Council or District Road Safety Committee, as the case may
be. The Council and the District Road Safety Committee shall conduct its
business in such a manner and in accordance with such procedure as may
be determined by the regulations with the approval of the Government.
Every meeting of the Council shall be presided over by the Chairman or in
case of his absence the Vice-Chairman or senior-most member of the Council.

(2) The Council shall meet at least once in six months.

(3) The quorum for a meeting of the Council shall be the two-third of
the total strength of the Council.

(4) The District Road Safety Committee shall meet at least once in three
months.
* Now Union territory of Jammu and Kashmir.
410 STATE ROAD SAFETY COUNCIL ACT, 2018

6. Disposal of business.–– Every matter to be decided by the Council

or the Lead Agency shall be considered and disposed of at the meetings of
the Council or the Lead Agency as the case may be, in accordance with the
decision of the majority of the members present.

7. Vacancies not to invalidate the proceedings of the Council.–– No

act or proceedings of the Council shall be questioned or shall be invalidated
merely on the ground of existence of any vacancy or defect in the
constitution of the Council.

8. Road Safety Commissioner.–– The Transport Commissioner

(Member-Secretary of the Council), shall be the ex-officio Road Safety
Commissioner for the purpose of this Act.

9. Levy and collection of cess. ––(1) There shall be levied and collected
for the purposes of the Act, a cess on vehicles used or kept for use in the
1
[Union territory of Jammu and Kashmir], at the rate and manner specified for
the vehicle, by the Government from time to time :

Provided that no such cess shall be levied on a vehicle kept by dealer

or manufacturer for the purpose of trade :

Provided further that if the Government is of the opinion that it is

necessary in the public interest, it may by notification in the Government
Gazette, exempt any vehicle or any class of vehicle from the cess payable
under this Act.

(2) Every cess leviable under sub-section (1) shall be payable by the
registered owner or any person having possession or control of the motor
vehicle, as the case may be.

(3) Subject to the provisions of the Jammu and Kashmir Motor Vehicles
Taxation Act, 1957, the cess leviable under sub-section (1) shall be collected
by any other officer as may be authorized by the Government in this behalf
or in such manner and at such time as may be prescribed by the Government
from time to time.

(4) Where any person who is liable to pay the cess in respect of a
motor vehicle fails to pay the cess within the prescribed time, such person
shall for the default of each year, in addition to the cess, pay an amount of
penalty equal to 10% of the cess due at the time of making the payment.
1. Substituted for “State” by S.O.1229(E) dated 31.03.2020.
 STATE ROAD SAFETY COUNCIL ACT, 2018 411

10. Establishment of the Fund. ––(1) After the constitution of the

Council, there shall be established a Fund to be called the “The Jammu and
Kashmir Road Safety Fund” which shall be non-lapsable. There shall be
credited to the Fund––

(a) Grant-in-aid from the State Government ;

(b) Grants/loans/advances from the Central Government ;

(c) Contribution from public/private institutions or voluntary

organizations ;

(d) Special cess collected from all types of motor vehicles.

(2) Finance Committee shall be constituted which shall scrutinize and

recommend budget proposal for the approval of the Road Safety Council.

(3) The Government may make the rules for management of the Fund
and for the procedure to be followed in respect of payment of money into
the said Fund, withdrawal of money therefrom, the custody of money therein
and any other matter incidental thereto or connected therewith.

(4) The Fund shall be maintained in such manner as may be prescribed.

11. Vesting and administration of the Fund. ––(1) The Fund shall vest in
and be administered by the Council constituted under section 3.

(2) The Council shall administer the Fund vested in it in such manner as
may be prescribed.

(3) All amounts forming part of the Fund shall be deposited in the manner
as decided by the Council or prescribed by the Government and shall be operated
as decided by the Council or as prescribed by the Government.

12. Utilization of the Fund.–– The Fund shall be utilized for all or any
of the following purposes, namely :––

(a) road safety programmes ;

(b) awareness programmes in respect of road safety ;

(c) funding of approved studies on projects and research regarding

road safety ;
412 STATE ROAD SAFETY COUNCIL ACT, 2018

(d) trauma-care programmes and related activities ;

(e) administrative expenses of the Council ;

(f) expenditure on matters connected with road safety, correction

of black spots and as the Council may deem fit ; and

(g) any other pur pose as may be prescri bed/notified by t he

Government.

13. Removal of causes of accidents. ––(1) Notwithstanding anything

contained in any other law for the time being in force, the Council shall
have the powers to pass an order for removal of causes of accidents where
the Council is satisfied on a complaint or a report made by any person or
otherwise that,––

(a) the act of any person or persons on a public road ; or

(b) the placement or positioning of any vehicle, animal, object built

without the approval of any recognized administrative council,
structure or materials including arches, banners, display boards,
hoardings, awnings, tents, pandals, poles, platforms, rostrums,
statues, monuments and other structures on a public road ; or

(c) the movement of animals or vehicles on a public road ; or

(d) the conditions of any tree, structure or building situated in the

vicinity of a public road ; or

(e) the entry or exit of any building or premise in the vicinity of a

public road ; is likely to cause accidents or obstructions to the
free flow of traffic or distract the attention or obstruct the vision
of the driver of any vehicle. The Council may direct the Road
Safety Commissioner to direct the person concerned by a
reasoned general or special order, to take such measures as it
consider necessary within such period as it may deem fit and
proper in the circumstances of the case and such person shall
be bound to comply with the direction within such time, as may
be specified by the Council.

(2) Notwithstanding anything contained in sub-section (1), in case of

urgency, the Road Safety Commissioner may take himself such action, as
may be necessary, to prevent accident or obstruction, as the case may be,
 STATE ROAD SAFETY COUNCIL ACT, 2018 413

and recover the cost thereof from the person responsible, in such manner
as may be prescribed.

14. Power to order works. ––(1) Notwithstanding anything contained

in any other law for the time being in force, it shall be lawful for the Council
to order any work or improvement on a public road, as it considers
necessary, to secure safety on such roads and the concerned department or
the local Authority or any other Authority or any other Agency and
Corporation shall be bound to carry out such works or improvement within
such time, as may be specified by the Council :

Provided that no order under this sub-section shall be issued in respect

of any highway except with the prior notice/consultation of the National
Highway Authority of the respective area appointed under the National
Highway Authority Act.

(2) It shall be the duty of every officer of the Government, Local Authority
or any other Authority to act in aid of the Council in enforcing the orders
under sub-section (1).

15. Power to recover cost.–– If any person on whom a written order

is served under sub-section (1) of section 13, refuses or fails to comply
with the order, the Council may take such action as to prevent danger and
ensure safety to the public and may recover the cost with legitimate interest
thereof from such person.

16. Amounts recoverable as arrear of land revenue.–– Any amount

recoverable under this Act shall, without prejudice to any other mode of
recovery, shall be recoverable as an arrear of land revenue in the same manner,
as provided under the Jammu and Kashmir Land Revenue Act, 1996.

17. Delegation of powers.–– The Council may, with the previous

approval of the Government by general or special order, and subject to
such conditions which it may think necessary delegate to the Lead Agency,
Road Safety Commissioner or the District Road Safety Committee such of
its powers and functions, as it may consider necessary, for the effective
implementation of the road safety programme.

18. District Road Safety Committee. ––(1) The Government may, by

notification in the Government Gazette, constitute for each district a
committee to be called “the District Road Safety Committee”.

(2) Every District Road Safety Committee shall consist of not more
than nine members or any other member as may be nominated by the
Government.
414 STATE ROAD SAFETY COUNCIL ACT, 2018

(3) The District Road Safety Committee shall exercise such powers
and perform such functions, as the Council may specify, from time to time.

19. Staff. ––(1) T he Council may, with prior approva l 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 and other conditions of

service of the staff shall be such, as may be prescribed.

20. 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.

21. Accounts.–– The accounts of the Fund shall be maintained by the

Transport Department in such manner, as may be prescribed.

22. Annual report. ––(1) The Council 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 of the previous year and
submit such report to the Government.

(2) The Government shall lay such report before the 1[Legislative
Assembly of the Union territory of Jammu and Kashmir], as soon as may be,
after the receipt of the same.

23. Audit. ––(1)The accounts of the Council shall be audited by the

Accountant General.

(2) The Council may carry out internal audit of the accounts every
year by such officer as it thinks fit.

(3) The accounts of the Council, as certified by the auditor, together

with the audit report thereon shall be submitted to the Government alongwith
the remarks thereon of the Council and the Government shall lay the same
before the 1[Legislative Assembly of the Union territory of Jammu and
Kashmir].

(4) The Council shall take such corrective steps as may be ordered by
the Government on the basis of the report.
1. Substituted for “State Legislature” by S.O.1229(E) dated 31.03.2020.
 STATE ROAD SAFETY COUNCIL ACT, 2018 415

CHAPTER V

Punishment and Penalty

24. Punishment. ––(1) Whoever refuses or fails to comply with any

order of the Council or the Road Safety Commissioner or any District
Road Safet y Co mmi tte e under this Act, shal l be p unishab le with
imprisonment for a term of six months or with fine which may extend to
Five Thousand Rupees or with both. In the case of continuing offence, a
fine of rupees one thousand shall be imposed for each day for which the
offence continues.

(2) Whosoever, obstructs the State Road Safety Council, the Road
Safety Commissioner, District Road Safety Committee or any officer of the
Council or of the District Road Safety Committee or any person employed
or engaged while discharging of the functions under this Act, shall be
punishable with imprisonment for a term of maximum three years or with
fine which may extend to rupees five thousand or with both.

25. Compounding of offences.–– Any offences punishable under

section 24 may, either before or after the institution of prosecution, shall be
compounded by such officers or authorities and for such amount as the
Government may, by notification in the Gazette, specify in this behalf.

26. Offences by the Companies.–– Where an offence punishable under

this Act has been committed at any time by a company, every person who at
the time the offence has committed, was in-charge of, and was responsible
to company for the conduct of its business shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly :

Provided that where any offence under this Act has been committed
by a company and it is proved that the commission of the offence is with
the consent or connivance or is attributable to any neglect on the part of
any Director, Manager, Secretary or other officer of the company shall be
deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

Explanation :–– For the purpose of this section––

(a) “company” means any body corporate and includes a firm or

other association of individuals ; and
416 STATE ROAD SAFETY COUNCIL ACT, 2018

(b) “Director” in relation to a firm means the partner in the firm.

CHAPTER VI

Appeal, Revision and Review

27. Appeal. ––(1) Any person aggrieved by an order passed by any

authority under this Act may within a period of thirty days from the date on
which the decision was communicated to him, prefer an appeal before the
Appellate Authority as may be appointed by the Government who shall be
a person holding the post not below the rank of District Judge or has held
the post as such :

Provided that the Appellate Authority may entertain the appeal after
the expiry of said period of thirty days but not later than sixty days if it is
satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time.

(2) After the receipt of any appeal under sub-section (1), the Appellate
Authority shall, after giving the appellant an opportunity of being heard in
the matter, dispose of the appeal as expeditiously as possible.

28. Revision.–– The Government may at any time, either on its own
motion or on application made to it by the aggrieved person, call for the
records of any proceeding under this Act which is pending before, or has
been disposed off by an officer or an authority under the Act, for the purpose
of satisfying himself as to the legality of the order passed in the said
proceeding and may pass such order in relation thereto as thinks fit and
proper, after giving an opportunity of being heard to the concerned.

CHAPTER VII

Miscellaneous

29. Members and employees of the Council to be the public servants.––

All members and employees of the Council while acting or purporting to act
under the provisions of this Act or any rules made thereunder shall be
deemed to be public servants within the meaning of section 21 of the 1[Indian
Penal Code (45 of 1860)].

30. Protection of action taken in good faith.–– No suit, prosecution

or other legal proceedings shall lie against the Council or any member or
1. Substituted for “Ranbir Penal Code, Samvat 1989” by S.O.1229(E) dated 31.03.2020.
 STATE ROAD SAFETY COUNCIL ACT, 2018 417

any employees of the Council thereof for anything, which is done in good
faith or purported to be done in pursuance of this Act or the rules or
regulations made thereunder.

31. Cognizance of offences.–– No court shall take cognizance of any

offence punishable under this Act except on a report in writing constituting
the facts of such offence, submitted with the prior permission of the Road
Safety Commissioner.

32. Bar of jurisdiction of Civil Courts.–– Save as otherwise expressly

provided in this Act, no Civil Court shall entertain any suit or any other
proceeding to set aside or modify or question the validity of any order or
decision made or passed by any officer or authority under this Act or any
rules made thereunder, or in respect of any other matters falling within its
scope.

33. Power to give directions.–– For purpose of giving effect to the

provisions of this Act, it shall be competent for the Government to issue
such directions, as it may deem fit to any authority or officer or person
under this Act, in the matter of policy.

34. Power to make rules. ––(1) The Government may, by notification

in the *[Government Gazette], make rules for the purpose of carrying out all
or any provisions of this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following
matters, namely :––

(a) constitution of State Road Safety Council under section 3 ;

(b) functions to be performed by the State Road Safety Council

under section 3 ;

(c) constitution of Lead Agency acts as Secretariat of State Road

Safety Council under section 4 ;

(d) the manner and time for collection of cess under section 9 ;

(e) the manner in which the Fund shall be administered and utilized by
the Council and Lead Agency under section 11 and section 12 ;

(f) powers with regard to the removal of cause of accident under

section 13 ;
* Now Official Gazette.
418 STATE ROAD SAFETY COUNCIL ACT, 2018

(g) the matter relating to the delegation of powers under section 17 ;

(h) constitution and function of the District Road Safety Committees

under section 18 ;

(i) the designation, method of appointment and other conditions of

service of the officers and staff of the Council under section 19 ;

(j) the manner in which the accounts of the Fund to be maintained

under section 21 ;

(k) the form and time for preparation of annual report under
section 20 ;

(l) the matter relating to the compounding of offences under

section 25 ; and

(m) any other matter which is required to be, or may be, prescribed.

(3) Every rules made under this Act shall, immediately after it is made,
be laid before the 1[Legislative Assembly of the Union territory of Jammu
and Kashmir] if it is in the session and if is not in session, in the session
immediately following, for a total period of 14 days (fourteen days) which
may be comprised of one session, or in two successive sessions, and if
before the expiry of the session in which it is so laid or the session
immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annulment is notified have effect
only in such modified form or shall stand annulled 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.

35. Regulations. ––(1) The Council shall have powers, subject to the
provisions of this Act and rules made thereunder, to make regulations and
bye-laws with the prior approval of the Government in respect of the
procedure to be adopted by the Council, Lead Agency and the District
Road Safety Committee for all or any of the matter required to be provided
by regulations or by-laws under any of the provisions of this Act.

(2) All regulations and by-laws made under sub-section (1) shall have
effect upon their publication in the *[Government Gazette].
1. Substituted for “Legislative Assembly of the State” by S.O.1229(E) dated 31.03.2020.
* Now Official Gazette.
 STATE ROAD SAFETY COUNCIL ACT, 2018 419

36. Power to remove difficulties.–– If any difficulty arises in giving

effect to the provisions of this Act, the Government may, by order in the
*[Government Gazette], make such provisions not inconsistent with the
purpose and provisions of this Act or the rules made thereunder, as appear
to be necessary or expedient for removing the difficulty :

Provided that no such order shall be made under this section after the
expiry of two years from the commencement of this Act.

37. Repeal and savings.–– All rules, notifications, policies and orders
corresponding to the provisions of the Jammu and Kashmir Road Safety
Council Act, 2017 shall, in so far as they are inconsistent with any provision
of this Act stand repealed.

–––––––

* Now Official Gazette.