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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;
b
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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
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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
..- """' . '. ... ~,
.. t."' ... - \.- .•_:_
. :.!" ':\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:
I!
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.
f(_.
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,
.'
—‘ 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. ‘ ' ' '
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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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_._..—_
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.
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