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LAW (I.EGISLATIVE OH.AFIlNC) IH::r'ARTMENT (GHOlIP-II)
NOFlflCATJON jaipur, April 28, 2002
No. r. 2(9) Vidhi!212002.-- In pursuance of Arl icle 3'lfi of !he Constitution of fndid, the Governor is pleac:;!'d to authorise the fOlfm.ving translation in the English language of the Rajasthan Sad ak Vikas Adhiniyam, 2002 (2002 Ka Adhiniyarn 5ankhya 5):-
(Authorised English Translation) THE RAJASTHAN ROAD DEVELOPMENT Ad, 2002
(Act No.5 of 2(02) (Received !he assent of the Governor on the 28th day
of April, 20021 An
Act (0 provide for devel.opmeml of, and private participation in the development of, roads in the State and matters con- nected Iherewith and anciJIary thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty-third Year or the Republic of India, as follows:-
1. Short tiUe, extent and COllunencement.-(l) This Act may be called the RajasLh;m Road Ocvf-'lopIlIent Act, 2(102
(2) It shall extend to the whole of the Stille of Rajastha n.
(3) It shall be deemed to hilve come into force OIl and from nu. Februar y, 2002,
2. Definifions.-In this Act, unless Ihe con text. otherwise requires,-
(a) "development" indud(,s constructiun, maintenance, upgradarion, strengthelling, wirien- ing, improvement;
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3 ‘6, mm m w. wit—t 3:» 2002 1mm (-m LAW (LEGISL/vrtvu DEALER) DEPARTI‘MEN'I‘ (amour-n) NOFlFICATlON Jaipur, April 28, 2002 No. F. 2(9) Vidhi/Z/ZOOZ.— ----- ln pursuance of tho Conatitulion ul' lndia, of Article 3‘18“ tho Govornm is plmtml to authorise the {(illnwing translation in the English language of the Rajasthan Sadak Vikas Adhiniyam, 2002 (2002 Ka Adhiniyam Sankhya S):—-~-- (Authorised English Translation) THE RAJASTHAN ROAD DEVELOPMENT Act, 2002 (Act No. 5 of 200?.) [Received the assent bf the Governor on the 28th day of April, 2002] An ~ Act to provide for developmeml of, and private participation in the development of, roads in the State and matters con- nected therewith and ancillary thereto. k Be it enarted by the Rajasthan State Legislature in the Fifty-third Year of the Republic of India, as follows:— I. Short‘tille, éxtent and commencement.~—(l) This Act may be called the Ra‘jasthan Road DevelOpment Act, 2002. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall be deeti'ied to have come into force on and twin llth Februaiy, 2002. 2. Definitions—In this Act, unless the con text. otherwise requires; (a) "development” includes; construction, maintenance, upgraddtinn, strengthening, widen- ing, improvement: i l l l w
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(b) "'(leal body" 111t'~IJlS and InduJL'~ it [\lullici}lcdlty, a J 'anchayati Raj Insti tution, all UI ban IIII ,pn)\,c'- 'rn"I.1 Trust or [aipur Development Author it y:
(l') "person" includes a firm, whether registered or not, or an associarion of persons Wh("'II101' incor po: a lL'd or not;
Cd) "road" includes->
(i) all Idlld~appurtenant thereto, (ii) all approach roads, hridges, f1yovers,
culverts, tunnels, causeways, carriage-ways and other structures on, over, along or across such roads, and
(iii) a 11 fences, trees, posts and boundry, two hundred-metre and kilometre stones of such road,
but docs not include a National Highway. 3, Roads to vest in the State.-All roads developed by
the State Covernment, whether by itself or under an' agree- ment entered into under section 5, shall, subject to other provisions of this Act, vest in the State.
-4. Pees for services or benefits rendered.-(1) The State Governlllent may, by notification in thf> Official Cazettc, levy fees, at such rates as may be prescribed, for services or benefits rendered in relation to the use of roads or any section thereof developed after the commen cement of this Act :
Provided that if the Slale Government is of the opinion that it is expedient in the public interest so to do, it may, by Iike notif ir.: t ion, specify any road or section thereof in relation (0 Ihe 'JS(' of vvhich fees shall not be leviable under this sub-section .
. (2) Such "ees when so levied shall be collected in accor dance with Ih(' rulr-s made under this AcL
S Power to enter in lo agreement for de ve lup mvut of )'0 ad s.--( I) The S 1.11t-' Co vern men t rnaV e n Ier into an
mt t ":1: «t 1.7- :tw-vifi nu 'z-r arm “'1, 2m; 4 l '. (h) “local hotly" timing and includes at Municitmléty, a l’anchayati Raj Institution, an Utban lmprtwe— hit-int Trust ('H Jaipur Dt-‘\’(‘l()pli‘.'dlll Authm ity; (a) “permit” includes a “1171, whether registered or not, or an asmciation of persons whether incorpm a ted or not; (d) ”road" ll‘lCltlth‘Bb—‘ (i) Ltll land.» appurtenant thereto, (ii) all approach roads, bridges, flyovers, culverts, tunnels, causeways, carriage-\tvays and other structures on, over, along or across such roads, and (iii) all fences, trees, posts. and boundry, two hundred-metre and kilometre stones of such road, but does not include a Naticmal Highway. 3. Roads to vest in the State.—-—-All roads developed by the State Government, whether by itself or under an'agree- ment entered into under section 5, shall, subject to other ' provisions of this; Act, vest in the State. '4. Fees for services or benefits rendered.—(l) The State Government may, by notification in the Official Gazette, levy fees, at such rates as may be prescribed, for services or benefits rendered in relation to the use of roads or any section thereof developed after the commencement of this Act : Provided that if the State Government is of the Opittlm’t that it is expediet‘it in the public interest so to do, it may, by like ltUililL‘tlllUH, specify any road or section theretgit in relation to the use of which fees shall not he leviable under this sub—section. ' (7.) Such lees when so levied shall be collected in accor- dance with the ruins made under this Act. 5 Power to enter into agreement for development of roads.—«-(‘]) The Slaw ("i'nvcrnment may (’l‘tlt‘?!‘ into an
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. :.!" ':\e'i'd \\'1[11 filly 11l..'IS()i1 or .tIl)' lucid bod) III rl'i,ltioll ttl :~,., di:.'\'(.lopmenl of any road Or sectIOn thereof'
Provided that where tl~ State Government has not i. .riatcd any schem(' for development of any road or section !;;.:!",,)i ,lnd an:\' proposal is received fWIII any p('rSOll or II)I-al t, ,Jy un~;olicit('d or suo 111(110, it may after considering the ~':'i1ll',in vite competitive' proposals by pnblir notice and the C>!'irindl prnposer shall be given priority.
en Nol\"'ithstanding anything contained in section 4, I1>1' person or the body refer lI:d to ill sub-section (1) shall be r-ntitled 10 collect and retain the whole or such portion of the fel's loviable under section 4 and for such period, as mil)' he ogreed upon between the Slate Government and such person or bod)', having regard to the expenditurE' involved 111 the development of road and collection of the fees, interest on Ihe capital invested. reasonable return on the investn1f'nt and the volume of traffic.
(3) The person or body referred to in sub-section (1) shall have powers to regula1e and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988) on the road or section thereof forming subject matter of the agreempnt entered into under sub-section (1).
6. Offences and Penalty.-(l) Whoever- (i) Avoid';' or evades, or attempts to avoid or evade
the fees leviable under this Act, or (ii) Obstructs any person authorised to undertake the
development of any road or to collect any fees under this Act, in discharging his dutjes imposed under the provi:-.ions of this Act or rules made thereunder, or
(iii) contravenes any of the provisions of this Act or of rules made thereunder,
shall, on conviction, be liable to pay a fine of not less than one thousand rupees t>ut.~hich.may extend to five thousand rupees and In default 10' pay the fine, be liable to 00 sentenced for a term not exceeding three months:
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1|"Ei.'é.'i-i tr} ‘.' .‘ 4 ‘0. it,” t .2», MM, 1777} a (a; y with (my person or any local body llt relation to :._ _ tzti‘til opment Dl. filly road or SC‘CUDH (hC‘X‘CUl i r Gravel Provided that where the State Government has not imitiated any scheme for development of any road or section therzsot‘ and any proposal is; receivet‘l from any person or local incl}! unsolicited or sun mate, it may alter ccmsidering the same, invite competitive proposals by pnblic notice and the original proposer shall be given priority. (2’) Notwithstanding anything contained in section 4, the person or the body referred to in sub-section (1) shall be r-ntitled to collectiand retain the whole or such portion 01 the fees leviable under section 4 and for such period, as may he agreed upon between the State Government and such person e ard to the. expenditure involved in the or body, having r g development of road and collection of the fees, interest on estment and the capital invested, reasonable return on the im- the volume of traffic, (3) The person or body referred to in sub—section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988) on the road or section thereof forming subject matter of the agreement entered into under sub—section (1). 6. Offences and Penalty.—-—(l) Whoever— (i) Avoids or evades, or attempts to avoid or cVade the fees leviable under this Act, or (ii) Obstructs any person authorised to undertake the development of any road or to collect any fees under this Act, in discharging his duties imposed under the provisions of this Act or rules made thereunder, or (iii) contravenes any of the provisions of this Act or of rules made thereunder, shall, on conviction, be liable to pay a fine of not less than one thousand rupees butwhichmay extend to five thousand rupees; and in default to pay the flnc, be liable to be sentencml for a term not exceeding three months : 8 $1)
I'!'.i\,!l,kd :Jldt the court may, Ior an}' dllc{ji,L"(C -;p,,:,:j,:!reasons to be mentioned in the judgment, impose i lin!' less than one thousand rupees.
en ;\() j\iagi!::.lr.1t:' shall take cognizance of an oi(0n((' uncier lh is '.;('Cl:on otherwise than OJI a complaint made hv :! jY::,)11 .iuthor ized to undertake the development 011 a road or rollcrt the lees leviable under this Act or any other officer ',]11horiscd in this behalf by the State Covcrnmeut.
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7 Offences by Curnpiinies.-O) \Vherp an offence u n- der this Act has been committed by a company, every person who at the lime the offence was committed, was ill charge, ;:Ild was responsible to the company for the conduct. or the business of the company as well as the compally shall be deemed to be guil!y of the contravention and shall be liable 1,1i be proceeded t:lf,ainst and punished accordingly:
Provided tint nothing in this sub-section shall render ~"ny such pers0D liable to any punishment provided in this Act, if h", proves that the offence was 'committed without his knowledge or that he exercised a.ll due diligence to prevent the cornrnission of such offence.
(2) f\iot\vithstanding anything contained in sub-section ~j! where an offence under this Act bas been committedby a company, Mid it is proved that the offence was committed with the consent or connivance of, or is attributable to, any negle::'-I on the part of any Director, Manager, Secretary or other officer of the company, 'such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against anti purushcd accordingly. ' '
Expbn.1tion.-For the purposes of this section.> CD "company" means any body corporate and in-
cludes a firm or other association of individuals; and
rur /I Director" in relation to ~ firm, n~('a~sa .partner in tit:' firm,
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—‘ 1 ... ' .- ,-.-t\ -.‘t‘nme..: .4 -* lint“; tinnitlml that the court may, for any titlet'giit‘tte Sif‘fltfttli reasons to be mentioned in the judgment, impow a line loss; than one thousand rupees. (3’) No Ixfngistrata‘, shall take cognizance of an offence mutter HHS uurn‘tion t.‘>tliert-eis‘.o than on a complaint made by atmn authorized to undertake the dovolopnwnt on a row... I collect the lees leviahlc— under this Act or any other officer xntllttn’ifiti’l in illlb’lJGhaif by the State Government. 7 Offence; by {jom_1mnies.—~(l) Where an offence 1m: oler this Act has been committed by a company, every person who at the time the offence was committed, was in charge, and was. responsible to the company for thé‘. conduct. of the business of the company, as well as the company ‘shall be deemed to be guilty of the contravention and shall be liable to he proceeded against and punished accordingly: 'rovided that nothing in this sub—section shall render any such person liable to any. punishment provided in this Act, it” he prove-s that the offence was committed Without his knowledge or that he exercisedgall clue diligence to prevent the omitmission of such offence. {2) Notwithstanding anything contained in sub-section (i) where an offence under this Act has. been committed'by a company, and it is prOved that the offence was committed with the consent or conniyance of, or is attributable to, any 1193193 on the part of any Diréctor, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to he proceeded against and punished accordingly. ' ' Explanation—For the purposes of this section,—‘ (i) ”company” means any body corporate and in- ‘ cludesua fit-m or other association of individuals; . and ' ” t ‘ "ltll‘ ” Director” in relation to a firm, means a partner in the, firm. ‘ ' ' ' _u .l‘ L‘ “l l L}
- - ------ - ------------------ -- _- 8. power to r€nlOVe dHficulties,- -(1) If ilny difficlllty
.,:i ,_:':;in gIving eifect 10 the provisions of this Act, the State C~(lVl'TnJ1,(:'nlrna)" hy order published in the Official Gaeltc, :iliik,.c: such provisions, not inconsistent with the provi~;i(,ns of \his Act, as appear to it to be necessary or expedient for '-':moving the difficulty:
provided that no such order shall be made after the expiry of the period of three years from the dare of corn
Dwncement of this Act. (2) Every order made under this section shall, as soon
as may be after it is made, be laid before the Stale Legislature
while it is in session 9, power to make rulcs.- (1) The State GOvNnrncnt
HI,ly by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid, as soon as may be after they are made, before the House of the State Lpgislat1ue, while it is in session, for a period of not less -than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry (If the session in which they are so laid or in the session immediately following, the House: of the State Legislature makes any inodification in any of such rules or resolves tbat any such rules should not be made, such rules shall thereafter have pffect only in such modified form or be of no effect, as the case may be, however, that any such modification or annnl- ment shilll be wi!hout pre)udice to the validity of anything previollsly done 'f:lereunder.
10. Repcd and Savings.-O) The Rajasthan Road Developmenl Ordinance, 2002 (Ordinance No. 01 of 2002)
is hereby repealeci. . (2) Notwithstanding such .repeal. all actions taken or
orders made under -the said Ordinance shall be- deemed to have been t aken or made under this Act.
qq~ "tli,
.....s-~iret~rytu the Cove~mnent. Goverul1Wl1t Ceu/rlll rrt~f,Sf lllipur.
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i l; nan—Sm on w, aria 26, 2oz); _._..—_ 8. Power to remove difficulties-"(U If any difficulty mirage: in giving effect to the provisions of this Act, the State {Sovernnwnt may, by order publiShed in the Official Gazette, make such provisions, not inconsistent with the provisions of :his Act, as appear to it to be necessary or expedient for ran-roving the difficulty: Provided that no such order shall be made 'after the expiry of the period of three years from the date of com mencement of this Act. (2) Every order made tinder this section shall, as. soon as may be after it is made, be laid before the State LegiSlatin—e while it is in session: '9. Power to make rules.—— (1) The State Government may by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this ‘Act shall be laid, as soon as may be after they are made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in Iwo successive sessions and if before the expiry of the session in‘which they are so laid, or in the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made such rules shall thereafter have 1 effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annul- ment shall be without prejudice to the validity of anything previously done thereunder. 10. Repeat and Savings—4]) The Rajasthan Road Development Ordinance, 2002 (Ordinance No. 01 of 2002) is hereby repeated. (2) Notwithstanding such repeal, all actions token or orders made under-the said Ordinance shall be deemed to have been taken or made under this Act. stat: oi, Ssétetéry to the Government, .-,.__._..— ._— Gowmnmnt Central Press, Iriipur. ll}