lU!:GISTgmW NO.

DL-3300412003

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~he <bQ~etti Ofr.~di« . . 3TmQR1Jf . '
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EXTRAORDINAlty
'qPT. II -'-- 1Et~ 1
PART 11- Section .J
. mf1:Tm -UwrnffiT
PUBLISHED BY AUTI-]ORJTY
! . .
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*~ . -q~[?,~1,.~"~~, ;;prqU 15, ~20(JJ f(ft'T 25,1924.
Nn.UI NEW DELT1I, WEDNI;;"<:;DAY,JANlJAH\' 15, 20113/ PAW::A 25, ]'.i24
_._~-------.._-------
~ '---'..~ ""'._--- -.-------- .-----
~

Sr)lar-:lle
_. pagillg is givc.1III)"-------
this I'a.r' in order Ihal it. IImr he liIed :1Saseprinlle ('nl\1pjlal.in~I,
--' -----
MINISTRY OF LA'iVAN]) JUSTICR
(LegishitiycDepnrfmenf.) .

New Ddhi, tire 151h](lI1Uory, 2003/Pausa 25, ] 921\ (Saka)

The following Ad. of ParlialJlt'1I1 received the assent of the President 011 Ihe
14th.lanuarv,?003 and is hereby
. published for gcneral. ihforlJlation:---

TJJE CONTROLOFNATtONAf, HIGHWAYSCCANDAND.'!'HAr.'FTC)

ACT; 2002
No. 13 or 2003
[14th.lanliOlY, 2003.1

An Act to provide (-orcontrol orland withillthcNational J'lighways, right,of way

and irarrie 1l10vingon tile Nationaf I lighways and also ror rClnovlIl of
unauthori~ed uccupation thereon.
BE it cllactcd hy Parliament jn tlie I'iny-I.hird Yel1roriil('. Republic orJndia as follo\Vs:---
CI/AI'TER )

I. (I) This Act'nUlY be GalJcdthe Control ofNalioJ1<1llJighways (Land allll Traffic). Shoillille,.
Act, '200L ' , . . e~!eol alld
eo 1\1lI1el1CC-
!lIen!.
(2) It r;-xtcllds to the whole Iff lil~lia.
. .
. (3) Hshall come. in10force 011such dalcasthb Central Goven1l11clllnuiy, by notification
in theOn icial Ga7.etlc, a)ipoiril; and different dates may he appoilited for different prnvisiolls
of this Act. ' .
 2 TfIE GAZETI'E OF INDIA EXTRAORDINARY [PART 11--
---------.---.---------.--
. .' .

J)cnnitiolls, 2, In this Act, unless the c()J1'textotherwise reguircs,-u-

(a) "appointed clay", in relation 10 a Tribunal, means the d<lte on which such
Tribunal is establ ished under sub-sect ion (I) of section 5;
(11)"building" means any \VoI'kof constructinn done in any m~nner by lIse of
any material and includes a farlll buil(!i'1gfor agricultural purposes, plinth, doorstep,
wall, drain,advcrtisclIlent board and o~herthings fixedwith slIch ~Iiilding;
(c) "CollstrUGt", with its'grmiunalical variations, i~lrelation to a huilding, means
to Gonslruct,reconstruct, erect, re-erecl', exten,dor alter structurally a building;
(d)' "cost of land'" means the market value of the land as determined by the
oompetentauthority offhe State C10vernmcntor the Government of the Un ion territory
appointed for such determinatioh, as the case may'be;
(e) "( Jighwa;y"means a N~1ionalHighwtlydeclared as such under section 2 of
the NaliOllalHighways Act, 1956 and includes any Expressway or Express HighwtI)' 'IX of 1~56.

vested in t!le Central Governmeht, whether surfaced or unsnrfaced,

" and also includes,--

(i) all bnds appnrtenant to tlae Higll\vay, whetlH:r demarcated or 1101,

acquired for (he purpose or the Ilighway or lrapsferred for such purpose by the
State Gnvern111entto the Central Government;

(ii) al\ bridges, cl1lverts, tl1nnels, causeways, carriageways alld other

structllres construct.ed 011or acn1SS slich II ighwtl)'; and
(iii) nil trccs,.railings, fences, posts, palhs, signs, signals, kilometre stone
nnd other Ilighway accesso,ries and ma,terials 011such Highways;
, .

(j) "Highway Administration"'means the Highway Adm inislralion established

IIlIder sed inn :I;
(g) "highway land" l)leanS the land of which Ihe Central Government is, or is
qeemedlo be, the OWner under sub-section (I) of section 23;
(li)"land" includcs benefits arising out 'of land and things attached 10 the earlh
or permanently faslc-lied to nnylhing attached to the earth;
(i) "means or access" means any permanent means of acces~:,whether private
or Pllhlic, for vehicles of any kind;
(j) "premises" IllC<1nsany land or building or part:or a building and includes----
(i) Ihe garden, grounds ami ollthollses, if any, appertaining. to such
huilding or part of a huilding; and' ,
(ii) an)' fittings artixed to sl1ch building or part of a building for the more
beneficial enjoyn)cnt thereof;
(k)"prescrihed" me~ns prescribed by rules made under this Act;
(I) "Tribunal" means the Na~ionalllighways Trihunal established under suh-
seCtion (1) of section 5, . ,

(11/)"uIHiuthorised occupation" means any occ\lpation or tile highway land,

without permission under Ihis Act for sueh pnrpose, by a person who-.-
(i), is trespasser on1he HighwClY;or
Oi) for the time being is raying. or is liahle tn pay to {Jtherperslm rent or
any portion of the'rent of the premises on a llighway;,oJ'
(iii) lives inor otherwiseilsesallyprmniscson a lIighway;or
(iv) is a rent-free tenant of any preillisc~on a Highway; or
. '

(1') is a licc'Fce of any premises on a Highway for its possession; or

 SEC. J) TIlE GAZETrE or INDIAEXTRAORDINARY' J

(vi) is liable to pay damages to the myner of any premises ona Highway
for fhe use or possessioll of such premises;

(11) "vehicle" means a barrow, sledge, plollgh; drag andany wheeled or tracked
conveyance of any description capable of beirig lIsed on a Highway..

"h

ESTAIJI.I1'flMnNT OF LIJGHW A Y II DMINJSTRATIONS AND TRIBUNALS, ETC.

3. (I) The Cenlral Governmclll shall, by notification in the()fficial Gazefte,-.-- E~[Hbli~hlllelll

of HighwHY
(0) establish, for the purposcs of th is Act, a body or Authority consisting of one Adlllillislra-
tiOIl~.
or more officers of the Central Government or theStafe Govenimcnt to.be known as
I Iighw<ly Adm inistral iOIl to exercisc p(iwers and discharge ftlllctions coI1ferred on it .
IInder Ihis Acl; and

(h) d(~rilwthe lilni1.softlie Uiglnvay within which, or the length offlighway on

which, a I lighway Adminis;(Tal.ion shall havejurisdiction:'. .

Provided tlwtlhc Chlllral Government may, inlhe noti ficalibn .issucdundcr this sub-
.section or by <lnygenoraJ or spcciaI (Heier,impose any condition or limitation stibject to
which a Highway Administration shallexercisepowersand dischargefunctionscoilfcrrcd
on it under fhis Ad.

(2) The Cenlml Governmenl mily establish one or more \-1ighway Adm iuislrafiOlis.for
a State or Uniouterritory or Fora Highway uuder sllb-sectioll (1).
" . , .

. (3) Subject to the provisions ofthis Act, tile J-tighway Admiliistralj()I) shall exercise
poweJ'slIhd discharge functions.conferred on itundei' this Act in such manlier as may be
prescribed.' , .

4. A Highway Administration shall exercise powers alld discharge fUllctions Pnw"r~ "lid

throughout its jurisdiction specifiedlin(1er this Act subject 10sllch conditiOlJs or Jim ilations fUIIGlioll$ of.
Ilighw,\y
as may be imposed by the notification issued nndCl:slib-section (1) of s~el.iol13 and by any. Adillinislralion.
general c)r:>peciaJorder madein.l.his'behalfby the Central G(Jverrlment.

5. (I) The Ccnl:raJGovernnlcnt may, by notification in the Official Gazette, establish Eslablislullcnl
one or more tribul1!lJs,.to be known:as the NatiMal}Iighways ;TdbtlltaJ;to exercise the of Ti'ihmmls.
jurisdiction, powen; aud authority c6hferred on.stich t.-lblll1l1lby or unde.' thJs'Act.

(2) The Central Governmenl sha1lalso specify, in the notification referred 10in sub- .
section (1), fheIiillits Mthe Highway within which, or the length of l1igltwCiYon which, the
Tribunal may exercise .imisdiction for enterlain Irigand deciding the appeals riled before it

G. (1) A Tribunal shall consist of one persoll only (hereinaHet refened (0 ;IS the Cn11lpo~ilion
Presiding Officer) to bc appointed; by notification in the Orficial Ga7.ette, by the Central . of Ti'ibullal.
GoveiTll11cnl.

(2) Notwithstanding ilnything contained in slIh-secti6n (l), the Ccnti'aIGoverr}ment

may aUlhorise the Pi'('.~;jding
Officcr of onc Trihullal 10discharge also the functions of the
PresidingOffii;cr 01'<lnother TriblllJ:l1. .

. 7. A personshall not he qualified ror appoillilllent as the Presiding Orricer of a Quali I icalions
Tr.ibllnaJ'Ill less he- -. ('IiI' appoinl'
mCllt a~

(0) is qllillified 1(;be a Judge

. of a High
'. COlli t; .oi' I'rc~idjllg
Orficcr.

(h) has hecn a member or the IndianLegal.Service and has'held a post nol: less
than (.rade II orthat Service. .
 \ 4 THE GAZETTE OF INDIA EXTRAORDINARY . fPARTII-

Term of office. 8. ,The Presiding Officer of a Tribunal shall hold office from the date on which he
eilters upon his office till he,attains the ,age ofsixty-twQ years:
Slafr of 9. (I) The Central Govenllnellt shall provide t!ll~TribUJ;alwith s\Jch officers 'and
Tribunal. emp]oyee~as that GoveriUl1entthinks fit.
. .. . '.
(2) The officers and employees of a Tribnnal shall discharge their fllnctions under
general.sllperintendence of the Prcsiding Officer.

, (3) The salary" allowances and other cand itions of, service of the officers and
employees of a Tribunal shall be such as may be prescribed.' ,
, ' I

Salary and 10. The salary and allowancespayal;>le to, and the other terms and conditions of
allowances and service including pension,gratnity and other retirement benefits of, the Presiding Officer'of
other lerms
, and conditinns a Triln'mal shall be slIch asmay beprescribed, .

or service of
Provided that rieither the salary and allowances nor the other terms and conditions of
[?rcsiding
nn1ccr. service o[tile pj'esiding Officer sha1l bevariefl to his disadvantage after his apP}Jintment.

Vacancies in I 11. If, for any reason other than temporary ~bsellce, any vacancy' occurs in~the office
Trihunal
of the Presiding OfJicer of a Trilmnal,theo, the Central Government shall ilPpoint another
pers~JIlin accordance with the pro,":isions ofthis AG1to fill the vacan'cy and the proceedings
:may he continued before the Tri~)lIIHllfro'm [he stage at .'.vhich Ihe v'acancy is filled.
Hesignulion " 12. (I) The Presiding Officer of a Tribunal may, by notice in,writing under his hand
and removal. addressed to the Central (jovernment;resigll his office: .

Provided that the said Presiding Officer shall, unless he is permitted by the Central
Go~ernment to relillgui~h his office sooner, continue to hold, office until the expiry of three
months frflll1 the date flf receipt of such notjce or"until a person duly appointed as his
successor cnters upon his office or until the expiry ofh is term of office, whichever is carl ier.

(2) The Presiding Officer ofa Trihunal shilll nrit be removed Ii-om.his office except by
an Qt"der made by thy Gentral Government 011the, ground of proved, misbehaviollr or
iilcapac;Hy'after an inquiry made by a Judge of a High Court,'in which the Presiding Officer
has:been informed ofthe charges agciinst him and given a reasonable ()pportllnity ofheing
heard in respect \if those charges. ' "

(3) The Central Government may, l~yrules, regulate theproc.edure for the investigation
of IIIisbehaviolir 0)' incapacity of the Presitling Officer referred to in Sl1b"section (2).
Financial and 13. The Prcsiding Officer of a Tribunal shall exerci~e sudl financial ,!IHIadm inistrative
adminislralive
powers as may be prescribed.
powers of
Presiding
Officer.

Jurisdielion. 14. A TrihUl1al shall exercise, oil and from the appointed day;UI'ejurisdiction, powers
powers and and authority to entertain appeals from the order~ passed or ac(ions(except' jssuance or
aUlhority of
Tribunal. serving of notices) takcn under sections 26, 27, 28, 36, P and 38 by the Highway
Admillistl ationllr an officer authoriscd on its hehillf;as the case may be.

Bar of 15. On ami hOIll [he appointed day,. no court (excep."l.he Supreme COllrt and a lligh
"jmi"sdi'elion, Court exercisingjlll'isdictionllnder articles 226 and '227 oflhe Constitution)or other authority,
except the Tribunal shall have, or be entitled to exercise, any.iurisdictio~l,powers or authority
in relation 10 (he matters specified in sect ion I'l.

Procedure and 1n. (1) The Tribllnal shall i,ot !)e bOllnd, hy Ihe procedmc laid down by Ihe Code of
powers 0 I' Civil Procedmc, 19011,but shall be gui~led by the principles of natural justice and, subject 10 5 of 1908,
Trihunal.
the other provisions of"Ihis Act antIof any rules, the TrilHlnalshallJmvc rowers to regnlate
its own procedllre including the places at which it shall have its sWings.
 SEC. J] TIlE GAZE"JTE .OP'INDTA EXTRAORDINARY
I " 5

(2) The 'i1ppealifiledbefore'tlieTriblllHJIunder'section 14 shall be dealt with by it as

expeditiously as possible ,me!endeavonr slwlrbe imIdeby it to dispose of the ~ppeal finaJiy
within [OUI'inonths [rom th,edate ?fthe receipt ofthe appeal. .

(3) The Tribunal shalllulVe, for the purposes of discharging its functions ullder this
5 or 19011, Act, the,samc powers as are veskd in (Icivil conl:tltnder the Code of Civil Procedure, 1908
while frying a ~uit, in respect o[ the following 111(1I1,ers,
nal11ely:---
\

(0) Sill11l11<'Jni'ng
and enforcing
-
the alteildance
,-
of allYpcrson <lndex<lmilliilg
)
him
()n oath;

(b) requiring (he c1isc()vcry and prQdl1ction of documcnts;

(c) rcceiving evidence on affidavils;

(d) issuin'g cOIfnnissi01is for examinatiOl1 of\vilnesses or docIHllent~;

(e), nwicwing its decisions;

(f) dismissing l1n l1PPCrt)or applicl1tion for defanlt 01' deciding it ex (Jarle;

(g) selting aside any order of dismissal ofl1nyappeal or applicl1lionfor default

or an)umter passcd by it ex parle: and

(h) any olher matter .which Ill11Ybe prescribed.

(4) Any proc.eeding before (h~ Tribunal shall be dec-med (0 be a judicial proceedillg
withill the meaning of sections 193 and 228, and for tile purposes of sectioJl 196, of the
tiS or 1860, Illdian Penal-Code and Ihe Tribunal shall be deemed (0 bea civil couit for all the purposes
2 of 1974 . o[section J95 and Chapler XXVI of the Code ofCrimiilal PI:ocedure, 1973.

17. Notwithstamling'l1nytliing contained ill any olh~r Pi"ovision oflhis Act or in allY COlidiliOI1S ns
10 111~killg of
olher law [or the time being in force, no.interim order (whether by way of it~iunction or Sll1)' ililcrilJI order.
or-in any olher manner)shall be made 011,or in any-proceeding relatilig to, an applicatioil or I

appealullless~ " ,I .' '

(0) copies of IaIch apJ11ication,oi' appeal and or;aIl ~Iocumentsin stipport ofthe
plea for such interim order,are flll'l1ished 10'llie p(lr~yagainst whcini'such l1pplication
j'smade or appen] is preferred; and

(/1) opporlUliity is given 10 sllch pa,~ty to be hel1rd in the matter:

. .

Provided that the Tribunal Jlll1Ydispense with,the requirements of cll1t1SeS(n) and

(b )and n~ake an interim order as an excel~tional measure if it is satisfied, for reasons to
be recorded in writing, thaI it is necessary so to do for preventing any loss being
caused to the applicant iu"the, appellant, as lhe case may be; which cahnot be adequately
cOll1pcns;i(eeJ'in moncy: but ;lny"~uch interim order shall, if it is not sooner vacated,
ceasc '0have effeet 011the cXJliryof
.1 a pCrlod of fourteen days from the date on which
i't is made 1I111ess
the said rcqliinil!lCI\IShave h,ccn c0l11pliecl\'iith before the expiry of
thaI !)crinllal1dthe Trihul1alhas continued the operation of Ih, iilteril1ionley.
18. (1) An order p<tsscdby the Tribunal ~underthis Act shall bc executable by th(~ F,XCClifilll'l or
ordcrs or
Tribunal m;a d~cl:eeof a 'civil court, and for 'his purposc; Ihe Tribunai shall have all the Trihllllal.
powers of 'he civil court:. I

I may transmil
(2) Nolwithst;1I1ding l1nything contained in slIlH!eclioll '(1 ),the Tribll 1111 '

any order mack by it 10 the civil court having localjnrisdictiol1 aild such civil court 5h(111
execute the ordcr as ifit werc i1decrec'lJ1,ide by 'Ihat court.
 (j THE GAZETPE OF INDIA EXTRACHWINARY fPART11-

I.imitation.
.! l
'19',Every appeal to the Tribunal under this Act shall be preferred within'a period of
sixty days fi'om the date on which ~heorder '~ppealed against has been made:
Provided that an appealll1ay beadm itted -afterthe.expiryoflhe said period of sixty
days, il'the appellant satisfies the Tribunal that he had sufficient cause for not preferring
thecippeal withiu the specified p/?rii>d. ,

Appointment 20.(1) The Highway Administration may, if it thinks fit after tile approval ofthe . ,
of 0 ffieers 10
act on 'behal f
Central Government, by notification
.
in the Official
,
Gazette, appoint such.,-
nf Highway (a) gazetted officer ofthe Central Government; or
Adniinislra-
!ion, (b) gazelted officer ofthe State Government; or .

(c) officer of the N~tional Highways Authority of India constituted .lInder

section 3 of theNalional Highways Authority ofTndia,Act, 1988 or any other authority 68 or 1988.
constituted under any other enactment, equivalent: to a gazetted officer of the Central
Government or the State Goverll1:nent,
to exerCise such powers and discharge such fi11lctions of the Highway. AdrninistratiQn as
may be specified in the notification. . .
(2) The Highway Administration' may specify in the 110tificatio11tinder sub-sectiOlJ
(I), the lin,its of the II ighway within Which or the length of the. Highway 011which an
officer appoin.tedl1nder that .sub-section sh<lll exerCise' th~powers and discharge the
f\l11ctions.
Dc;legal ion of 21. The Central dovernrhent may, by notification in the'pflicial<;}azette, direct: that
powers. any power exercisable by it '(except the powers conferred by; secti(?n 50) under this Act
shall, s\lhject to such conditions, if any, as may be specified in the notification, .be
cxercisahla by a State Government or any other authority or. an officer of'the State
Government: as may be specified in the notificatioq.
Power to ' '22. The Centr<ll Govci'nment may, at any time, by notification in the Official Gazette,
Iransfer
transfer the .illrisdic(ioll of' a TIighw~y A,lministralioll defined ullder c)allse (b) o:f sub--
jurisdic;tion.
section (I) Of sectioll 3 to other Higlnvay Adm inistralion, and on the tran~rer the Highway
AdllIinist;:ation shall cease to have an.d such otherflighway"'Admilijstratioll sh<lll, subject
to :the conditions, if any, specified in the noti ficat:ion,have'aiI the powersand authority
exercisable by the Highway Administration before sllch transtel~of jurisdiction.

CHAPTElt 1fI

'P\tEVENTION OF \JNAlJTiIORiSEl1 OC;ClJPATION OF HIGHWAY I.AND AND TnEIR REMOVAL

lIighway land 23, (I) A II lands form ing pai"lSof a Highway whkh vest in the Centra 1Government or
10 he deemcd
which lio not already vest in the Central Government but have been acquked for the purpose
as propcrly of
Cenlral ofHighwlIY shall, for the purposes ofthis.,Acl, and other Central Acts, be dcemed to be the.
Governmenl. property of the Central Giwcrni:nentas owner.thereof.
(2) The Highway Adm inistration shall calise to be maint'ained a rcc;oniin thc prescribed
manner in which the partiCIIlarsoflhe lands, relating to the Highway, of\vhich the Central
Government is the ownel' shall be elitered and the entries ofthe p~rtjcu lars of sllch lands in
any record maintained for snch purpose before the c01llmencementof this Act shall he
deemed to be the entry of the particulars of such lands made in the first said record and
accordingly the Cenlral Government shall be deemed to b~ the owner ofthe lands regarding'
which the entries have been made insuclneco:rrlsmaintainell b,eforethe commencement of'
this Act:.
(3) Any person claiming against the ownership oUhe Centra] Government referred to
in sub-section (2) shal! make writtencomplnint to the Highway Administration and prove
his ~Iaim before it and the Highway Administration, after considering the evidcnce produced
by sllch person, may correct snch records or reject the Glaim.
I'rcventiOI! of 24. (1) No person shal! occnpy any h'ighway land or discharge any material thl'ongh
()ccllpalioll 0 f drain on sllch land without ()I~tain'ingprior permission, for sllch purpose in writing, of the
highway land.
l-qghwilY Administration or any ~ITicer allthqrised by slich Admi,nistriltion in this behalf.
SEC. IJ THE (]J\ZETfE OF INDIA EXi'RAORj)INARY 7

(2) TheHighway I\.dminisfi"Cition

or the officer authorlsed under sub-section (I) may,
on an application made by.a person in this behalf and having regard to the safety and
convenience of tramc, grant permission to slIch persoJl-
(i) to place a movable structure on the Higbway in front oHm)' buiJding owned
by him or to l11~kea movable structure on ;Slipport of slIch inillding and over the
Highway, or '. '. .

(ii) tq put up a temporal:y la~'ning or tent or other similar'construction ~r a

temporary stall or sca ffoldiJig.on the Highway; qr
. (iii) to deposit or cause to be deposited, building J11f1terials,goods, f(Jr salC or
other articles onany Highway, or

(iv) to make a temporary excavation for carrying out any repairs or improvements
to ae\joining bl1ildi\1g~,

find slich perm ission sha 11.be granted subject to the conditions ancl.oJl paymcnt of th'c rent
and other cluirges by issuing perm it i\l the 1'01"111
1lS'may be prescribed:
Provided that no such permission shall be valld beyond a period of one J110ntlr at a
thI1C from the dale on ",;hich the permission has been granted unless it is renewed by the
Highway Administration or such officer on an application made by such person [or the
renewe1! ofthc permission.

(3}Thc pennissiOll granteclllnder sll'h-sectiiJn (2) shall spccify therein---

(i) the Ulnc,up to which the permission is granted;

(ii) the purpose <Jf'sucli permission;

(iii) the pnrtiejn of the Highway hI respect of which 'the permission has been
granted,
and shall be accompanied with a plan or sketch ofsucl1 por!ion of Highway.

(-1)Thc person, to whom the permit has been issued .under sub-seclitln (2), shall
produce the permit fen inspcctil11l:,'hencver called upon to do so by allY offic;.crof the
II igJiwayAdministr,ationand shaJJ,on the eXj',iry of the permission granted uncler such
permit, restore the portion oflhe Highway specified in the permit in such condition as it was
immecliiltely before the issuing of such permit and deliver the possessio'n of such portiOJito
the Highway Administration," .
. ,
(5) The Highway Administration or the officer issuing the permit under sub-section
(2) sIJall'milintain a complete record of all such permits issued, and shall also ensure in every
case at the expiration of the period up to wltich tbepermission mlde,' a perniit is granted
under I:hat sub~secf.iollthat the possession of the portion or- the fJighwayill respect of
which slich permission was graiHedhas been qelivered to tlie Highway Adm inislratiol1.
.2"5.The Highway Adillillistr~tion or the officer authoriseclby snch Administration in Granl of lease
or licence of
this behalf may, having regard to the safety and GOllveniellce of t.raffic nnd subject to such
highway I.and
conditionsasmilYbeprescribedr\!lelon payment of prescribed rent or other charges, gr~nt for lelllpornry
lease or licence ofhigliway land tei a person for teii1pora!'y use: lise. .

Provided that 110sl1ch Icase shall be valid for more than five years fit a timc frolJlthe
date on which such lease has been grantcel"t1l11essrenc\veil by,the Highway Adm in istration
or so ch office.1". .

26. (1) Where the rnghway Adminislratioll or the offIcer auUiorised by such. RCIl10V,iI of
\111anlhorised
J\dininistratioll in this behalf is of the opinion "tI1fIlit is necessary in the interest oUmfric
oecupalion.
safety or convenience: to cancel any permit. issuecluncler sub-section (2) of section 24, it
may, after recording the reasons in writing for, doing so, cancel such perm it and, thereupon, .

the person tn Wh0111tlie permission WilSgranted shall"within the period specified by an

order made by the HighwayAdministrntiol1or stich officer restorethe portion of the Highway
 8 TIlE GAZETfEOF INDIA ~XTRAORDINARY [PART11-
I.
. , . . .
. specifiedin the pern\~tin suchcondjtjQnas it was immecliatelybeforethe issuingof such
permit and deliver the possessi()n of slIch porpon to the I-lighway Administration an~ in
case such person fails tQdeliver slIchposs~~sionwithin such periqd, he shall be deemedto
. he in unauthorised occupation ofl1ighway land forthejnlTposes ofthiss~ction.and section
.27. ..

(2) When, as a result of the period,fcalinspection.ofhighway lancLor otherwise, the

Highway Adm injsti~ation or the officer auth(~rised by such Administration in th is behal f is
satisfied that any ullaulhorised occllpatio'n has taken place.on highway land, the Highway
Administration or the 'officer so authod.sed shall serve a notice in a prescribed form on the
person' causing or h~sponsibte for sllch unauthorise? .occupation requiring.h im to remove
such unauthorised occupation and to restore such highway land in its originalconditioll as
beforc'lhe unal1thoriscd pccupatioll wi,thin the !)crioc!'specified in the nptice.

(3) The noliccHmder sub-section (2) shall specify therein the 11ighway Jand jn respect
. of which sllch notice is issued, the period within whi~h the 'lmauthorised occupation on
such land is reqll ired to be rell1oved, the pUlce and time of hearing any representation, jf any,
whicldhe person to whom the notice is addressed may make within the"tinw specified iil ~he
notice and that failure to comply with s\lch notice shal) render. the pe'l'son $p~yifie(f in the
notice liable to penalty, and snimnary eviction from the highway laild in respect of which
such notiCe is'issued, 1I11der!sub-sectiou (6). .

(4) The service of tile notice under sub-se~tion (2) shall be made by delivering a copy
therco[t:o the person 10 whom SliChnotice is addressed or to his ageut or other person on
his bellnl f or hy.registered post addressed to the person tp whom slIch notiCe is addresserl
and an acknowlcdgmcnl' purporting to be signed by ,such p:erson or his agent or other
person on his behalf or an endorsC111entby a postal amployee that slIch person or his
agent or such other pel:soll on his behalf has refused to ,ta'kedelivery may be deemed to be
primafhcie proof or service. ' .
(5) Where the service of the notice is not made in the manner provided under slIb-
sC:?cl:ion(4), .l:l]e contents of the notice shall be adverli;;ed iil a local newspaper for the
kilOwledge o["the person to whom the no.tice js addressed and s\lch advertisement shall be
deemed 16 be the service of slIth notice 01)sllch person. ..

(6) Where the service 0.1'notice \lilder sub-section (2) has been made lIncler sub..
section (4) .or sub-section (5) 'and the IInau'tho.rised occupation on the highway land in
respect of Which such notice is served has not been rcm9ved within the time specified in
the notice for sl1ch purpose anclno reasonablc cause has been shown before the Highway
Adminislration or the officer authorised by such AdlTl,inistntponin this behcjlf for not so
removing Imailthorisecloccupation, the Highway Administration or such ofTicer, as the
case may be, shall cause sl1ch l1nauthorisecl occupation'lo be removed at the expenses qf the
Central 90yeniment or the State Government, as the casy may be, and impose penalty on the
person to whom the notice is addressed which shall be five Inmdr~cIrupees per square metre of
Ihe land so I1nalJthorisedly.oGcupied,flnd
where the penalty so imposedis lessthan the cost of
sllch land; the penalty may b,e extendecLequal to such cost. , . . ;.
. (7) Notwithstanding C)nything contained in this section; the Highway Aclministrati011
or the 'ofticer ijuthorise~1 by sllch i\dministration in this behalf shall have power without
issuing any notice under this section to retnove the uhauthorisecl occupation on the highway
land, if such 'unauthorised occupation is in the n.ature pf- .

(0) exposing any goods or artide--

(I) in open air; or

. (ii) throughI temporary stall, kiosk, booth or any 6t1\ershop

. oftemporary
nature, . , '.,
 SEC, J] . THE GAZE"lTE OF INDTA EX"\'RAORIJINARY 9
==.:c.

(h) c~nstnjcUo!1.OJ;erection, whethei" telllpotary .Qrpermanent, 01:

. I ..' .: .
(e) trespass or other unauthodsed occupfitiOJ1which can be removed easily
without use of any ma~hine or other device; .

and in removing snch occu'pation, Ih~ Tlighway Administration or su~h,omccr may take'
assistance of the police, it necessary, tb l'emove sncl~ occupation. by .use of the reasonable
force necessary [oj' such removal.

(8) Notwithstanding a~lything contaiiled in this section, irtheHighway A(hninistratiol1

or the officer mithorised by sllch Administration' in this'behalf isof the' opinion that any
uniltlthorised occupation on the highway land is orslich anatnre t'wtthe imillecliate removal
of which is necessClry in the interest of-'-- .

(a) the safety oftraffic, 011the Highway; or

(b) the safety of any strllct)1I'e forming part of the Highway,
mHTno notice Ciln be served on the person responsible for such Ilnauthorised occupation
under this section without ~lndl1hdelil'y owing to his absence or for any'other reason, the
1ligll\VilY/\dm inistmtioJ1 o.rWe officer nuthorised by snch Adm inistration maY1UClke.sllch
conslrllctillnincludillg alter(l!ion of flny construction (ISmay be feasible at the prescrihed
cost lIecessary for the sa fely referred 10inc1allse (0) or clanse (h) or have slJcl1unautllorised ,

occup"tion removed ill the Illilnner specified in sllb-section (7).

(9) The Ilighway Administration or an officer authori:=;cdhyslIch Administration ill
th is beha If sh fill, for (he purposes 0 fUiis see! ion or sectioll 27, hilVe the same powers asiu'e
-"or I{)OR. vestcdili a civil c()m( under tlieC(Jde of Civil Procedure, 1908, while trying a snit; in
respecl () f Ihe followin~ lllilUers,nameJy:-
(a) sIl11l1;,oJ1ingfIIHIenforcing the attelld<illcc of flny person-alld examining
hinl on ()(llh;
(h) requiring the discovery and production of docllments;
(c) issuiilg cOlllmissionsfor the examinatio;l of witnesses; and
Cd) fillYother ma((cr which11lay be prescribed,
and any,proceeding before such Administration or officer shail be deemed to be ajudicial
proceeding within the meaniilg ofsectiohs 193 and 228, and for,the purpose of secUon 196,
/15or 1860, ofl.he Indian PellalCode an~lthe Administration or tile bfficer shall De deemed to be a civil
court f(;r the purposes of section I?5 ,and Chilpter XXVI or the Code of Criminal Procedure,
2 of 197-1, 197J.

27. (I) Where a Highway Administration or the officer autliorised by such Recovcry of
{:osl or
Administratiod in this)behalf has re1l1(J\ledany llnauthotised. occupation or made any rCIi1ov~1of
construction i11clllding a1terati(.)J~of construction in respect of any unauthorised'occupatioll lInl1l1lhorised
or repaired any damage under sub-section (2) of section 36; thc expenditure incurred in occllp~lion
such removal or rep~ir together with fifteen per cent. of additional charges or any fine and finc
im posed,
imposed under this Act shall bc recoverable in the man'nei' hereinafter provided in this
section, .

(2) The Highway Administration or the officer authorised in( this behalf by snch
AclJ:ninistration sha Il'serve a copy of the hill in the prcscri bed form indiCating therein the
expenditure, additional charges or, fihe recoverilble.ll\ldc." sub-section (I) on IhG person
from whom sllch expcnditure, cy.iditiolHilcharges or fine i's recoverable mid the provisions
of !;ection26 relilting to thc'sel:vice ofi1Oticeshall apply for the service of copy of the bill
lll1der this~ub-secl.ioll as if fiJr the'word "notice'; the word"biJl" has been substituted in
that section,
(3) A copy or the bill referred to in suh-section (2) shalt be accompilllied with a
certificate issued by tlie Highway Administration or the.officcrautllorised by such
Administration in this behal f (1I1dthe amonlJt indic~ted in the bill'shalU.1e the conclusive
 10 TIlE Gi\ZE1TE or INDIA EXTRAOIUYINARY
~~---:: .

proof that s,uchamomit is the expenditure actually incurred for all or any ofthe purposes
referred to in sub-section (1) as indicated in the bill.

(4) Where a'Ujghway Administration or the officerautlH)rised in this behalf by

snch Adm'jnis(ration has removed any unauthorisecl 9ccupation or made any
construction including alteration of construction in respect of any unauthorisecl
occupatioll or repaired any dalilage under slJb-s.ection(2) of section 36, themateriaJ, if
any, recovered as a result of such remov,al, construc1.iOll,alteration or repair shall be
retained inp?ssession of the Highway Administration o'r suclyofficerti]) the payment
of the hill in respect thereof served under sub-section (2) and 011payment of such hiII
snch lilaterial shall be returned to the person entitled for the material, but in case orthe
failure ofsuth payment within the time specified fOl'thepayment in the bill, the material
may he sold hy auction by, the Highway Aclministrationor such officer and after
deduc:tion of the amoun( payable uncler Ihe bill from the proceeds of the i1uctioil,the
balance, ifany, shall be returned to the person entitled therefor.
(5) In case where the proceeds of the auction under sub-section (4) is less than the
amount recoverable under the bi1l referred to in that sub-section, the dirrerencc between
sllch proceeds a1H11h~amollnt so recoverable or where 110slich au'ction has. been made,
the amount recQverableuncler the bill shall, in case offailure'ofthepayment'withinthe time
specified ill the hill, be reciJVerahle as the arrears of land revenue. . .

CHAPTER IV

CONTROLOF ACCESS TO THENATJONAL HKHIWA YS

Right or access 28. (1) No person slHIJIhave right of access to a Highway either through any veh icle
or on foot by a group of five or 1110re persons except permitted by the Highway
Admini~;(ratioli eilher generally or specifically ill the i1"illner specified in section 29.

(2) The access 10 a flighway I1IHle'rsulHection (1) shall be subje'cdo the guidclines
aiHI inslrllcl ions issued by the Central Government from time to time.

(3),'I"he Ilighway AdministraLionmay, hy notification in the OfficialG<JZette,dcclare a

.Higliway. or any portion thereoftohe lill1ited for access in themanner as speci ficcl in such
noti l'ication and mily (dso ililpose any restriction or control on slich .access .t(), from or
acrhss slich Highway as speci fled in that noti fication.
. I
l'roccd me for
29. (1) The general permission nndcr sub-.section(1) of section 28 shall be given by
permission 10
access 10 issuing poti fication iu t"~ Official Gazette for slIch purpose and,specificpennissionl1nder
I-ligll\v<iy, that suh..sec.lion shail he given in tho manner specified hereina(ter under Lhis section.

.(2) Any person dcsirons of obtaining speci fic permission referred to in sub~section
(I) may im\ke an applicationin theprescribedf6rm-tothe HighwayAdministraLionspecifying
therein the means.of access to which such permission relates and shall also be accompanied
with spch fees as maybe prescribed and the Highway Administration shall, aller cl>J1sidering
fbeapplication either give the permission with or without the terms and conditions as may
be prescribed or n~jectthe applicatiollas
,
it In.aydeem
.
fit.
(3) In case, wherc ~heperl11ission h'.ls-beengiven in respect of the application made
under slib-section (2), the person to :whom such permissi0l1\hasbeen give'nshall obtain the
,licence from the Highway AdminisLrationilJtbe prescribed form enunierating therein the
terms mid conditions, if any, $ubjecqo which such permission has been given, andsl,lCh
pei'missiQli shall \1C'renewed after sllch period and in sllch mannel' as may be prescribed.
. J .
. (4) rf' .any persolJ c°'1travenesthe'prbvisions of sub-section -(n of 'sectiolJ 28 or
violates any terms and conditiQnssubject:to which permission ha~ been given under sub-
sectiol1(2) ilicliHlingnon-renewal of licence obtained under sub-section (3), his access to
Highway under tilc perm issio~ undersub"section (1) or sub-section (3), as the ca~;cmay he;
shall be deemedto he unanlhorisecl access aild the 1-1ighway AdininistratioJl or the ofFicer
Snc.II THE GAzqiTE OFlNDIA EXTRAORDINARY II
'-...

aulhorised. by,sllch Adl1linistrationshall,have the power to remove such a'o,cessandwhere

necessary, ~he Highway Administration or such of(icel' may \lse the necessiuyforce with
rhe assistance 'of the police ,to remove such access,

30, (i) Notwithstanding any perrnissioll..givenunder sub-seCtion (1) or sub-section Regulafion or

diversioJl of
(2) of section 29, {he Uighw~y Adllliilislration shall have the power in the inlei'esl onlle
ficr.ess, clc.
sa fety find conveniencc of the U'alTicto reliJse, regulate or divert flny pl"Oposed or existing
acc,ess'lo (he Hig)1\vflY.

(2) Where an existing access'js diverted, the alternative access given in lieu thereof
shall not bo III1I'easonably distant frolll the 'cxisting access,
I

CHAPTER V

REnI II.ATIONOF IJIFFERENT'lyrES OF TRAFI'ICON NAIIONAI, [']IGlIWA-YS

31. ( !) Nolwifhstanding ,;'nything cOlltained in this Ad, the If ighway Adm inislration Highway
Adminis..
sh;-ill hflve fhe pOlVor 10 reglrlafe and control the plYing of.yehicles on the Highway for the
IrHlioJl II)
propcl' 111f1nagc111entlhereof. ,
rr.gl.1ll11c Irtlrric
when Highway
(2) I f at any lime Ihe II ighway Adm inistration is sCltisfied onlhc infoniHlt ion received dC("lIcd
by it or olhcJ'Wi~e fhat' flny IIighway :within its .inrisdiction or fillY part thercor is or has IIIIsa fe,

becomc cOllgesfpc! or I1llsnfe for vchiclliar or pedestrian traffic- by reasoll of damClgc0.1'

olhcrwis(~, ill11ay, ('ither close Ihe High\\lay or such pnrt lhercofto aillraffic or (0 any ~Iass
of trnrrie, 1)1'regulatc the IHllnber <'Inel speed of vehicles to be used on the Highway or SLICh
p<'lrllhel"(~(lf, CIS the Gnse IIlny be, ill Ihe mal1ner flSit 111aydeem fit.

I'rohihilioJl of
J2. Wherf' Ihe Highway AdllliiIisli'fltion is snlisficd that the surface ofa llighway or
IIse or hcavy
any part lI\ereof. or any hridge, culvert or causewAY built on oraeross the Highway is not vehicles Oil
designed 1,0 carry vehicles of which the ladcn weight exceeds A prescribed liinit, it may, cerfain
subject to such rules as may be made in tli is behalf; prohibit 0.1'restrict the plying af sllch IlighwH)'s.
vehicles on or over slich Highway 0.1'part thereof or such bridge, culvert or causewAY,as
the, case mny be,

,33. Where, in ex~rcise of the po.wersunc!er section J I 0.1'sectian 32, the Highway Temporary,
closure of
Administration ronsicleJ'Sitprojjer fOl:the purpo.sesof that section to temporarily'closea fi"i.rJk on
Highway Of'part Ihereo'f or to restrict ar regulate traffic on stich Highway or pnJ't,lhereof, it l1igliwHY.
may do so in the manner CISit may deem lit., .
Pr.l"lnancnl
34. (1) Where. in exercise of the pawers ,nnder $ection 3 J, the l-JighwClYAdni inislrfltian
cJosllrr. iJr
deems it netessAry in the intei.est.Ofthe safety of the lJighway-to close a Highway or part
lJighway.
thereor, it may, by notificAtion in the Official Gazette, give nolice of its intentio.n to the
pllbJic (0 do so specifying therein,the til11ewithin which.the uhj'ections andsuggestioJls
received shall he consider-edunder sub-section
I , flJl'din additi011to.sllch notiCe,it shall'
(3)
also notify the contents of such notice in at least two newspApers,one of which shall be in
the local Iflngnage of thb area'through \Vh ieh sllch Ilighway passes and miother shaII be
the newspaper bein!! circlliated i,nsnch area,

(2) The notice lindeI' sub-section (I) shall indicate the alternative rOllte proposed to
be provided inliclI of tile Highway or part thereof intended (0 be cliJsed'sllecifying therein
as to whether SlIch alternCltiveroute shClIIbe An already exi~tingHighway or shall be newly
consfructed atH! shall also invite (~).iecti()ns nnd'snggestions fr0l111he persons ClITectedOIl
sllch proposal wilhinlhe till1e Clnd 10 be fI(ldressed 10 Ihe o.JTicci'-as specified in such notice,

(.1) The Highw(lY Administration shall, aner 'considering. the objections and
suggestion~~, ifany, received within the time specified in soch notice, lake decision 0\1 the
proposal for closure lindeI' the notice alld Sl1Cl11
ad in accordance with sl!ch deGisioll,
 12 THE GAZETTE: OF INDTA EXTRAORDINARY [PART11--

Power to ;35. If thG Highway Administratism is satisfied' that it is necessalY in qie interest of
restrict the LIse
of vehicles.
public safety or convenience, or because ofthe nature of any road or bridge so to do, it may,
by n~tification in the Official Gazette, prohibit or residct, subject to SllCh exceptions or
conditions 'asmay be spe~ified in the notificati()n, the lIse of any Highway or part thereof by
a class or Classes of traffic eith~r'genera!ly (!r on specified occasion or time as specified in
the notification and.'when such prOhihition or restriction'is imposed, the Highway
Administn'ltion'shall cause such traffic signs to be placed or erected at suitable places for
the con:venience orthe traffic as maybe prescribed: .
.;
Provided that wllere any prohibition or restTictif))iunder this section is to be remained
for a period of one month or less, such prohibition or restriction'may"Qeimposed without
issuing notification inthe Official Gazette:
. Provided fll)!ther thai the prohibition or restriction imposed under the first proviso
shall be published.widely for the knowledge 'ofthe IIsers by olher possihie.means.
PreventiOli 36. (l) No person who is in charge of, or in possessiOli of, any vehicle or animal
and repair 0 r shall, wiifully or negligently, calise, or allow sllch vehicle or animallo cause, any damage (0
damage to
any Ffighway.
lIighway.
(2) W)lere, in cont!:avention of sllb-sect ion (1), any damage has been callsed 10 any
Highway, jhe llighway Administration shall have sllch damage repaired at.it; own expenses
and sHch expenses togelher wilh (i fleen per ccnt. tbercofas additional charges shall, without
prejudice to any other action whidh may he taken against the person who has so contravc:ned
sLlb-section (I), he recovered from him in accordance wiih the provisions contained in
section 27 as if snch expcnses and additional charges werc fhe 'expenses and Clddilional
c;hm'ges recoverable untler that section.
Prohihition to '37. (/) No person in charge of, or ilfpossession of, any vehicle or animal shall allow
Icave vchi(:lcs
such vehicle or aniniClI.10sland or proceed on a Highway LInless the same is Linder snch
'.Ir animals in
dangerons safety control as may be prescrihed.
position.
(2) Where, in contravention of sub-sect.ion (1), any obstTuction on (he llighway
is eaused, the vehicle or animal callsing sllch ohstruction shall be cansed to be towed
away.by !'heIligl1\vayAdm inistrationto remove sLich obstruction on the HighwaY:(lnd
the vehicle or ani;mll so towed Clway shall be taken into possession by tJ~e llighway
Administral ion and shall be handed over to the owner thereof-in the manner, by payment to Ihe
Highway Adl11inistrali()~I,.the expenses incurred in snch removal, as may be prescribed.
(3) In case where the expenses in respect oftlie vehicle or anim!,1(akenlt1topossession
under sllb-section(2) have not been paid in the manner prescribed under that sub-sectioll,
the tJigl1\~ay Administration shall. sell such vehir.le or aniillall;y auction and the proceeds
of the auction shall. be the prope.rty oftbe Central Gov~rnmel1t.

(4) Any person who has unauthorised Qccl1paiion on ~ highway land shall. be
summarily evicted by the lIighway Admil)istration in the ITianner speCified in section 26
for remoya! ofunauthoriscct occupation and shall be liable to line imposed by the Highway
Administration whiCh shall Iwt beI . less than five hundred rupees
. per square mctre of
the unal1thorisedly occupied land by him but which Illay be extended to the cost or
such land. '.

CHApTERVI
REGOLATION OF CONSTRUCTION ON IIIGIIWAY LAND T'OR I'OBLI(; IJTIUrmS, DRAINS, ETC,

Construction 38. (1) Notwithstanding anything cOlltained in any'other law for the ti!ne being iJl
un highway force, no person olher .lha'n a Highway Adm in istratiol1 or a IJersonautliorised by such
land.
Administration in.this behalf shall construct, in\~tal1,shift, )'epair; a.lter or ca;...y any poles,
pil1ars, advertisemenllowers, transformers, cahle wire, pil~e, drain, sewer, canal, railway
line, tramway, telephone boxes, r~peater sl'ation, street, jlath or passage of allY"kind on
 SEC. 1] THE GAZ,ETrI3 OF INDlAEX:THAO~~DlNARY 13

highway lall,dor aCHJSS,under or.'over any Highway except with the prior pernilssion in
wriLing of the Highway Ad'ministration fbj' such ptirpose..

(2) AllYperson who ~ntends to obtain the permission under sub-sect.ion (I) shall
rnake an application iii the prescribed form.to the ilighway Administration containiilg
therein the purpose and pefiod of oconp,lI1c)'of Highway, location and ,Jartof-the
lIighway to be occupied, n;eJ.liod of 6:xecnt.ionof work, period of construction and
ll1elhoQof restoration oFsnch part of the llighWay:

(3) The IIighwily Administration shall consider the application made IIndc!" sub-
section (f.) and i[it is satisfied that there is 110alternative othei' ~han ihe'llighwayin
respect orwhich the permissio!) is 30llght under ihe api11icationWhere the land can be
Found to locale the Pliblic uliJily, ilmay give j,cni1issioll in writing as 'sought in the
application:' . '.

Pro\' .ided thai "ih ilc givil)l~

I sl1ch penn ission, fhe Highway Adm iliis(ration may
.
impose sliGh conditions ns it milY deem fit (0 protect-.-

(i) the Jlighw;iy from dnl11age; nnd

(ii) the IrafriG on the Highway frolll ohstruction',

and Ilia)' also impose ~uch fees and other charges as 'may be presctibed on the person
to wholl1 such jwrlll is~i(ln is given in respet:t 0 f any land funning pnlt (If the H igh\yay,
occupied or <1pplied to the Ijroposcd work oj' cOlJstruction uncleI' penn issio.ll and also
inlposc on sl1ch person the expenditure, ifany, il1curred by the Highway Adlllinistrf1lion
for rcpairiu?-. nn)' dfimnge callser! to th~ High\\'rI)' by l<lying or shifting o~any stl'l1cturc,
rlrtiele or equipmcnt under the permission.

(4) Irany person, in contraveutionofsub-section (I), makesany construction or

carries 0111any' other work; the' Highway I\dlll'inistr.ation'may, at its own expcnses,
cause sl1chconstruction 01'other work to he removed from the Higbway and restore the
Highway in the condition as itw~s immediately before giving penilission For such
construction or other work under sub-section (3) and sl1ch expenses together with.
firteen per'cent. (hereM as additional cbarg~s and fine imposed by thcHighway
Administration taking into account the nature of the dam<1ges caused by such
constructionor othej'work, whichshilllnot be less than five hut1Clredrupees per square
metre ofland \lsed for such construction or other work, but shall nol:exceed the cosl:of
snch land, shall be recovered from such person in accordance with the provisions
contained in section. 27 as if such expenses, additiOilal charges and fiJJe were the
expenses; additional chai:ges and fine reco.verablc under that sectioll.

CHAPTEtz vn

Of'l'ENCE AND P~NAL1;Y

39. (1) If any person;. who has been evictcd iTom any 1lI1<1l1thorisedoccupation Orfcnce and
pcilally.
on a highway land under this Act, again occupies anyhighwayJand without penilission
fa!' such occupation under this Acl., he shall be punishable with imprisonment f@r a
fcrlll' which !n°Y extend to 'one year, or with finc Which shali not be le~s than oile
thousand ('llpees j1cr sg\l<li'c mctre of so occupied highway land but which shall nol.
excced two fimes the cost of su{h highway land, or with both.
(2) Any court, convicting a pcrsal1 under sub-sectioll (I), llIay make an order for
person from suchocclipied highway land summarily and he shall be liable
evicting 1"I1<1t
ta such eviction without prejudice to any other adion that may be takcn iigainst him.
(3) Notwithstanding anything containcd .in the Code of Crilllin}]1Procedure,'
2 of J97~. I97J, the offence pnnishal11cunder sub-section (I) shall he cognizahle.
 J4 THE GAZETI'E <?F JNDJA EXTRAORDINARY .[PJ\wr 1),---

CHAPTER vnr

'M lSCELLA NEOUS

"Right of
appellant to 40, A pt<rson preferring an app~al to the Tribllnal undor thi.sAct may either appear in
take assistance person or take the assistf!nce off! leg,,1 practition~r of his choice to present his 'case before
of legal the Tribunal. . .'.
practitioner.

. .
Finalily of 41. Save as otherwise' expressly provided in this Act, every ordel'made pr '<myaction
orders.
taken by the Highway Administration or the officeral1thorisedin this belulif hy .snch
Administration or' eyery orderp~sscd or decision made on appeal lmder this A ct by'the
Tribunal shall be fini11and shallnotbe called in CjU"csUon in any original suit, ari1]icalion or
execnlion proceedil1g and no injunction shail be granted by <my-ce)urtor olher a\lthority in
respect of any action laken or lu be taken in pilrSlH1l1Ceof any power conf(~rred by-or upder
.this Act to the Highway AdminiSlration PI' Triblllfai.

,
Duty of 42. Wherever any village headman, village accountant, village'Yatchman or other
'village
village official, by whatever Il<tme called, becomes aWaJ:e'01' any offence. involving
oflicil\ts.
niHiuthorised oGcnpal ion, dam<!"e or dcslTIlction of the highw<ty 'Iand, he shall Forthwith
inf<!nl! the ncal'csl police statietl or Ihe nearest Highway Administration or (lny oFficer
alllhorisec! in Ihis behalf by slich Ac.lminis!i"<ttion,.lhecommission of slJcholfcnce andsha.JI
also be dlllyholln.d.lo assisllhe Highway AchninislTation and ils officers il1prosecuting the
offender oUhe offence.

Condnct of 43. The Highway Administration or the oFfic\>r<luthorisedin this behalf by slich
inC]uiry. .
Adm illistTation shall, ifhe des.ires 1:0make any inqiliry for Ihe purposes of this Ac~, make a
slImll1<iryinCJuiry in SllCh1lI1Inneras Ihay be prescribed.

Presiding A4..'The Presiding Officer and the officers ilnd other eillj110yees oflhe Tribunal, the
Officers ,ind officer or ()fTicersconslituting the i-ligh:wayAdminiSlrationand any olher officcraulhorised .
cmployces of
by such Adnlinislration lJnder this Act, shall be deem cd, whcn acting or purporting to act
Trihllnals,
eic.. to be in pursuallce of any of the provisions of this Act, tobe public servanls with in Ihe meaning
public of section 21 of the IlIdifm Penal Code. '15 or 186<':
servants.

Prolection of . 45. No suit, proscclJtiQnor.olher legal proceedings sliall lie against the Central
action laken in
Government: or the' Presiding Offic~r of the Tribunal 01:any olller officer of the Central
good failh.
Government 01:an ofJ1cer or employee of the Tribunal.or the offioer or oFficers constituting.
the Highway Administration orftl~yolher officer auth'orised by slich Administration under
this Act Qr any other person, For anything which is in good faith 'done or intended to be
done under this' Act or the.rules made lhereunder.

Offcnc~s by 46. (f) Wher~ an offe11cepunish"ble underthis Act has heell'committed by a compailY,
companies... . every person who, .at the time tlj(~ offence was con1mitted, was in charge of, ~nd was
responsihle to, the company for the condlftt-ofthe business of the company', a!jwell as the
company, shall be deemed to be guilty of lheoffcnce and shall.be liahle to he pr6ceedcd
againstaild punished accordingly:
. .
Provided that nothing conlained in this suh-section shall Tender any sl1chpersou
liable to any punishmcnt; if he proves that the offence was committed without his.
Imowlengeor that he h'ad exercised all duc diligence to prev'ent the cc1ll1niission01'such
ofFence.
 THE GAZETrE OF INJJ[A EXTftl\ORDlNARY 15

, .

(2} Notwithstanding anythii1g' contained"in sulNeG:tion (1), where any offence

pUliishable under thi~ Act has been committed by a cOll1pailYand it is pnJV(id tliat the
offence has been cornmiLLed,with the consent ot connivance of, or is attributable to, any,
neglect on fhe part of anydire~tor. mai1ager, secrelary or othero(Ocer ofthe company, snch
director, mai1<lger,secretary or other officer shall also be deemed tb be guilly (>ffhtlt offence
ilnd shan be liable 10be proce~ded against and pUI11sHed
accordingly, '

, .

z<:.xfJlmwfioll.-For fhe purposes of this scclion',--

(o) "company" means any body corpor<lte and includes a firm or other
association of individuals; an(!

(h) "director", in relation.to a finn, mCtlns a partner inlhe finn.

47. ~f1"C as Olhcrwise provided ill this Act. every notice or bill iss,ued (jr lireptlred Proccdllrc for
$r.rvicc of
lindeI' litis .\cll11flY be served or pn~sented ill snch manner as 'may be prescribed,
notices,. elc.
1\cl 1.0 have
48. 'I he.provisions ortl1 is Acf shall have cITed notwithstanding anything inconsistent
OVCII idillg
then'will1 contained ill flny other law for the time beinl!, in force or in any insfl~ument having (:rrcel
elTect by virlnc of <lilylaw olher than this Act ' ,

, 49. (1)IJany djfttcully tlj-jsesin giving effect to,the provisions of this Act, tlie Ccntral P()wcr to
remove
GoverlllTlCn(' nmy, by order published ill the Official Gazel.Lc. I1Itlkesuch provisions, not dinicllilies .
inconsistent with the provisions of this Act, as appear to it to be necessary Dr expedif)llt :for
removing. the di rfienUy: '

Provided (h<llno such order shall be made unrlei.this section after the expiry oflhree
years f'i'ol!llhe commencement of Ihis Ayt.

(2),Every orc\er Illflde under this section sllf111be laid, as soon as Ill'!y be after it is
made, be-fom cael) HOllse of Parliamenl. . ,

50. (1) The Central Go.vernmentmay, after previous-publication, by noLitlcatioll in the' Power 10
Official Gflzette, make rules, for carrying ont the purposes of this Act. make rtlles,

(2) In particular, and without pn~iudiceto the generality ofthe foregoing power, such
rules lllaY.pr()vid~ for aII or any ofthe follo~ing IlIfllters, namely:-

(a) the manllerof exej"cisit1g

pO\versanddischargefUlictioilSunder suIHection
(3) ofseclion 3;

(h) the salary, allowances and other conditions of service of the officers and
employees of a Tribunal under sub-seCtion (3) of sedion 9; ,

, .

(c) the salary and allowances payable to, alld the other terms emdconditions of
service of, t~lePresiding Officer of a TribunaluI1der section 10;
(d) the procedure for the investigation of lIlisbehaviollr or incapacit.y of the
Presiding Officer ora Tribunal.under sub-section (3) or'sectiol1 12;

(e) the financiai and admillisU'ativepowers of the Presiding Officer of a Tribunal

under section 13; ,

(f) the addit.ional maUers in respect of which the Tribnnal may exercise the:
powers of a civil coui"!Ilnd~ c.1i1use(11)of sub-section(3) of section 16;
(g) the mmllJerfor maiiltaining the records of the Highway Admi11istralionin
which the lands are shc)wnand the manlHir'of pr'OVi)lgcltlim ror correction of such
records under sub-section (2) of sectiou 23;
]6 1'1IE GAZp'ITB.OF INDIA EXTRAOliDINARY [PAIn1I-

(11)the condi~ions slibject to which, the rent and other charges on payment of
whkh al1dthe form in which permit may be issued for grant of permission under sub-
section (2) of section 24;

fi) the conditions,.. payment of renttmd other charges for grant of lease or
licence f)fhighway lal.ld undersection 25; .

(j) the form of notic~.under sub-section (2) of section 26;

(k) .the fqasihle cost .for makiilg construction including alteration of any
construction lInder slIb-section (8) of sect ion 26;
\
(/) the addi[ional maNer in respect of which the Highway Administt:ation or an
officer ~m1!iorisedhy such Adminis1ratio11 in tbisbehal fmay exercise fhe powers of a
civil court nnder Glallse (d) of sub-section (9) of section 26;

(m) the form of the bill undersub-seclion (2) of section 27;

,

(II) the form of application, the fees to be accomhanied the'rewith and the terms
and .condit ions for perm lssion Ulider sub-secfjon (2) of section 29;

(oj the form of licence, the period and the ma.nnerof renewal of snchlicence
under sub..section (.i) of section.29; .

(II) the limit of laden weight and the provisioJ1S subject to which rhe plying of
vehicles may be prohibited or reslrictedunder section 32; .

(q>.the traffic. signs to be placed or erected under sec;tion 35;

(r) the safety aud cOlltrol for allowing any vehicle or animal to stand or proceed
. nh a Highway under sub-section (l) ofsectiOli 37~

M the milnnerof handing over the vehicleor animal to the ownenlild payment
of expenses incurred inthe removal of such vehicle or anililal under suh.,seclion(2) of
section 37;

(t>.the form of application undersub-sectjon (2) of section.3 8;

(II) the fees and other charges to be imposed under snb-sectiOTI (3) of
section 38;

(1~)the, manner of summary inquiry under section 43;

(III)the manner of service or presentation ornotic~ or bill unuei: seclion47; and

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

(3) Every rule made Ot:every notification issued by the Central Government under this
Act shall be laid, as soon as rrray be aftei. it is. ITI<1de or issued, before each House of
Parliament, while it is in session, "fora total pcri<?doflhirty days w.hichmay he comprised in
One session or inlwo or more successive sessions, and if, before the expiry oflhc session
SEC.IJ Tr.m qAZETi'E or rNJ)fAEXTRAORDINARY 17
---
immediatelJi.foliowing the session or,the successive sessions aforesaid, b6th Houses agree
ill making any modification in the TIlleor notification or both I'louses agree that the )"\lIeor
notificatioll should not be made.or issued, the rule or notification shall thereafter have
effect only in such modified form or be of no effect,as the ci1se may be; so, however, that
any slIch hlodiftcalion or annuhncnf shall he without preji.II.licet6 the valiclityof anything
, under that rule or nofificlItion;
previously. done

----..------

K. N. CHATURVEDJ,
Additional Seey. 10 fh~ Govf. of Indicl.

'.

..

1.

" ~--,-._._---_._----._----------
PRINTEI! IIY TilE MANAGFR. <iOVERNMFHr' OF milIA rlm';s, MINTO ROAn, NEW DF.1.1fI
ANI> P{JIILlSIIED IW Till'. CONTROLLER OF PllriuCAT!ONS, DFLlII, 2003.