State Act
Section 2. Definitions.
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “Board” means the Kerala Road Fund Board constituted under section 3; (b) “bridge” means a bridge with permanent structure, including approach and exit roads, guide bunds and protective works thereto or a bridge with temporary structure or ferry services, as the case may be, and includes a bridge across railway lines, roads or waterways, underpass or overbridge; (c) “collecting agent” means any person entrusted with management and collection of user fee by any concessionaire, his agent, servant or sub contractors entitled to collect user fees; (d)“concession agreement” means a tripartite agreement among the concessionaire, the Board and a Government agency or a statutory body specifically authorised by Government for the purpose whereby the concessionaire undertakes to finance, construct, maintain or operate a transport facility in accordance with the provisions of this Act; (e) “concessionaire” means a party with which a concession agreement is entered into by the Board and a Government agency or a statutory body specifically authorised by Government for the purpose; (f)“construction” includes new construction, reconstruction, rehabilitation, repair and maintenance; (g) “development cost” means initial cost incurred on the development of any transport facility project before it is offered to a person for implementation and includes cost incurred on data collection, pre-feasibility studies or feasibility studies; (h) “escrow account” means a bank account in which cash is to be deposited or from which cash is to be withdrawn in the manner as may be specified in the concession agreement; (i)“executive committee” means the executive committee of the Board; (j) “Fund” means the Kerala Road Fund established under section 6; (k) “Government ” means the Government of the State of Kerala; (l) “Government agency” means a corporation owned or controlled by the Government or a company established by the Government for the purpose of construction or maintenance of roads or bridges, or a highway authority; (m) “highway authority” means the highway authority appointed under section 4 of the Kerala Highway Protection Act, 1999 (6 of 2000); (n) “Member Secretary” means the Member Secretary of the Board; (o)“motor vehicle” means any mechanically propelled vehicle adapted for use upon roads, whether the power of propulsion is transmitted thereto from any external or internal source and includes a chassis to which the body has not been attached and a trailer; (p) “owner” includes, where the person in possession of a vehicle is a minor, the guardian of such minor and in relation to a vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement; (q)“person” includes a body corporate, a company, a firm or an association of individuals whether incorporated or not; (r) “prescribed’ means prescribed by rules made under this Act; (s) “project management agency” means the Roads and Bridges Development Corporation of Kerala Ltd., established by the Government under the Companies Act, 1956 [Central Act 1 of 1956]; (t) “regulations” means regulations made by the Board under this Act; (u) “road” means any road, way or land declared as a highway under section 3 of the Kerala Highway Protection Act, 1999 (6 of 2000), and includes any land acquired or demarcated for construction of a road; (v) “rules” means rules made by the Government under this Act; (w) “section of road or bridge” means a continuous length of road and or bridge as notified by the Government in the Gazette on which user fee shall be charged; (x) “senior loan” means a loan in respect of which a claim on assets is prior to the claim on the assets in respect of other loan and which is specified as such in an agreement for providing finance; (y)“State” means the State of Kerala; (z) “subordinate loan” means a loan in respect of which a claim on assets is subsequent to the claim on the assets in respect of another loan and which is specified as such in an agreement for providing finance; (aa) “subsidy” means financial assistance in cash or kind provided by the Fund; (ab) “transport facility” means, depending upon the case, a bridge or a tunnel including approach and exit roads thereto or a road or any section of bridge or tunnel or road or a specified combination of all or some of them; (ac) “using the transport facility” means, depending upon the case, passing over a bridge or through a tunnel including approach and exit roads thereto or passing through a road or any section of bridge or tunnel or road of a specified combination of all or some of them; (ad) “user fee” means the user fee collected in accordance with the provisions of this Act.