Manipur act 015 of 1979 : The Manipur Highways Act, 1979

Date: 15 Oct 1979

Department

Transport Department

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EXTRAORDENARYm PUBLISHED BY AETHGRET? . No. 27503 AImEaEITWQdQeéHaTSJc—nﬁye—F;3Ei§7£§§1237551271561—)

" GOVERNMENT, OF MANIPUR SECRETARIAT: {AW DEPARTMENT Imphai, 1h: 51h December, 1979

. NO. 2/22/78-Leg/L—The following Act of {he Legs!' received ature, Manipur which assent of the President on 15-11-79 is hereby published in the Manip'uh' Gazette.

. ,_ . CH. NIMALSINGH, . __,Un'de'r Secretary (Law) tothe Gth. of_ - ' »M'aujpur. ~ ' 'l'HEf MANIPUR' HIGHWAYS _AC_T,_ 1979,; g

(Manipquct 15 9:" i979.) H 1 ..

' ' '3 Air" 3; 3% '

ACT'r __ 7 _ ,.

to provide fof the régulation 0f roqdideVelqpment and fééd transport. ' ' L ' PREAMBLE.

V f:Whéreas it is expedient to pfovide 1'greneralvly- for the regulation of road "'devélopment and road tranSport so as'lffgrkgecure far the public such conditions' .388 will. ensuregthe maximum etﬁpiency drﬁhlla-Iumeéélfﬁ'éf road ryansport, ,a-nd, V 'iin;payticulat,;"gfor,'the' prgven'tibn of ribbon_ d'eveldpmépfg 31M "'- d: , BiEj'ivié'enacted by the icgi'siéffmé'pfi V A " ' 7 I Ipupli'c" 9f" India" as' £91191"??? :"—, .4

Short title, extent and commence- ment.

Deﬁnitions.

(2) "betterment When applied to land"

(3) "betterment tax"

PART—I

CHAPTER~I

PRELIMINARY

(1) This Act may be called the Manipur Highways Act,

(2) It shall extend to the whole of the State of Manipur.

(3) It shall come into force on such date as the State Govern—ment may, by notiﬁcation in the ofﬁcial Gazette, appoint. In this Ordinance, unless therthe subject or context:

e is anything repugnant in

! 'animal" means any elephant, camel, horse, ass, mule,cattle, sheeps or goat.

means the increase .in the value of any land arising from the execution in its vicinity of a highway development scheme atpublic expense. means a tax levied on owners ofland on the basis of a percentage of the bettermentvalue of the land.

(4) "building line" means a line on either side of any 'highway or part of a highway as determined by thehighway authority under Section 12 of this Act.

(5) "eempetent authority" means the State Governmentor 5:. 138a} authority or any oﬂicer of the StateGovernment or local authority, competent to sanctionthe construction of, or repair to, a highway.

(6) "mntrol line" means a line on either side of a high-way or part of a highway beyond the building line,as determined by the highway authority underSection 12 of this Act. ('7) "driver" means, in the case of a vehicle, the personin charge or control of the vehicle for the time' being,and in the case of an animal any person driving,leading, riding, or otherwise managing or controlling the animal and the words drive, driving, shall beconstrued accordingly. »

(8) "encroachment" means occupation of any highway orpart thereof, and includes ;

(a) the erection of a building or any other straﬁng, 'balconies, porches, chajjas or projection, on, War or overhanging the highway land. '

(9)

(10)

(11)

(12)

(b) occupation of highway land beyond the prescri— bed period, if any, for stacking building materials or goods of any other description, for exhibiting articles for sale, for erecting poles, awnings, tents, pandals and other similar erections or for parking vehicles or stabling domestic animals or for any other purposes, and

"highway" means any public thoroughfare, Whether a road, street, lane, bridlepath or a foot—track, whether surfaced or unsurfaced, Whether on land owned by Government or a local authority or on land belonging to a private person over which the public have, or acquired, a right of way by usage, and includes:

(a) the slope, berm, borrow—pits, foot—paths, pave— ments and 'side drains of any such thoroughfare,

(b) all bridges, culverts, causeways, carﬁageways or other road structures, built on or across such thoroughfares, an

(e) the trees, fences posts, and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare.

"highway authority" means:

(a) for highways maintained by the State Govern- ment, the Degartment 01" the Government responsible for their maintenance, or any other authority sgeeially appointed by the State Government in this behalf,

. ~ . other authority as may be appointer 'J-y the St overnment in this behalf, and

(c) for high trays not included in clauses (a) & (b), the aut' " ' apnolnted as the highway authority under Se ten 3 or, it no such appointment has been made, the State Government itself.

"highway boundaries" means the boundaries of the highway Whether visibly demarcated _ or not,» within which is contained the areas of_ land constituting the highway or land reserved or acquired for widening the highway.

"limited access highway" means a highway; access. to?» which is permitted only at points spec1ﬁca11y prov1eled; or agreed to for the purpose by the highway authority:

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

"middle of a highway" means in relation to any'highway for the improvement of which plans havebeen prepared by the highway authority, the middleof the highway as proposed to be improved in accor--dance with the plans, and where no such plans havebeen prepared, the point halfway between theboundaries of the highway.

"motor vehicle" means a motor vehicle as deﬁned inthe Motor Vehicles Act, 1939.

"permit" means the document issued by an authoritycompetent to issue it authorising the use of a vehicleas a public vehicle.

"prescribed" means prescribed in this Act or underrules made under this Act.

"public place" meansaroad, street, way or other place,whether a thoroughfare or not, to which the public- have a right of access, and includes any place or"stand at which passengers are picked up or set downby a public vehicle.

"public vehicle" means any vehicle used or cons—tructed or adapted to be used for the carriage ofpassengers or goods for hire or reward.

"standard width of highway" means the Width ofa highway between its boundaries as prescribed bythe highway authority under Section 11. survey includes" all operations incidental to thedetermination, measurement and record ofaboundaryor boundaries or any part of a boundary and includes.a resurvey.

"survey mark" means any mark or object errected,made, employed or speciﬁed by a survey ofﬁcer toindicate or determine or assist in determing the"position or level of any point or points.

"survey ofﬁcer" means any person appointed to be asurvey ofﬁcer under this Act. human, animals, motor steam or electric power, andincludes any barrow, sledge, plough, drag or like.vehicle. . _ , ,sﬁ

PART II

HIGHWAY AUTHORITIES, THEIR POWERS & FUNCTIONS CHAPTER—Il

HIGHWAY AUTHORITIES

3. (l) The State Government may, by notiﬁcation in the oﬂicialgazette, appoint any person, either by name or by'virtue of hisofﬁce. to be the highway authority for all highways in the State or for :1" the highways in such part of the State or for such particularhighway or highways in the State and subject to such conditionsand limitations as may be speciﬁed in the notiﬁcation.

(2) A highway authority so appointed shall exercise and dischargethroughout its jurisdiction powers and functions Speciﬁed in the suc-ceeding chapters subject only to such limitations as may have been imposed by the notiﬁcation issued under Sub-secticn (1).

4. (l) The State Government may at any time by notiﬁcationin the ollicial gazette transfer control of any highway from itselfor any of its departments functioning as the highway authority toanother highway authority, or from one highway authority to another, in regard in such mattrers dealt with by this Act and on such conditionsas may be speciﬁed in the notiﬁcation.

(2) When ahighway authority has been changed in the mannerpmscrihcd under Sub-seclion (l), the new highway authority shall,us from the date of the notiﬁcation issued under that sub-seCtion,exercise in respect of the highway or highways of which controlhas been transferred, all the powers and functions of the previoushighway authority subject to the conditions if any, Speciﬁed in thatnotiﬁcation. CHAPTER—III

DEVELOPMENT AND MAINTENANCE OF HIGHWAYS

_<'r any ofﬁcer not bve7ow the Supervisor authorised by the undertake a reconnaissance

ofa highway scheme and may

5. (l) The highway authority, .rzmk of a ?.Wng'Wy' local Board highway a'uth'oiity' inh""fhis behalf, may survey in connection with the preparation for this purpose ; M

(3.) enter upon any land along with his workmen and surveyand take measurements and levels on it, mark snehlevels, dig or bore into the sub-soil and do allother acts necessary to ascertain whether the land issuitable, (b)

Appointmen t

of Highway

Authority.

Transfer of

control from

one Highway

Authority to

another.

Power to

enter lands

for reconnais—

sauce and

preliminary

survey in

connection

with highway

scheme.

Preparation of schemes for highway develo'p- "

ment. '

(n) where otherwise survey can not be congpleted and, the leggytaken and the bOund'aries marked, cut down and -clear any part of a standing crop, fence or jungle:

Provided that no person shall enter into any building or anyenclosed court or garden attached to a dwelling house (unless withthe Consent of the occu occupier at least 48 hou

(2) The hi the time of su pier thereof) without previously giving such rs' notice in writing ol'his intentiorrto 'do so. ghway authority or the authorised ofﬁcial shalt a_t ch entry, pay or tender payment for all" necessarydamage to be done as aforesaid, and in

case of dispute as 'tth-tie sufﬁciency of the amount so paid or tendered, shall at'once refer the dispute to the decision of the collector or other Chief RevenueOfﬁcer of the district, and such decision shall be ﬁnal.'

6. (1) The highway authority may, of its own accord, or ifexpressly requested by the competent authority Shall, subject to the other provisions of this Act and subject to such rulesasmay be

framed by the State Government for this purpose, prepare and- Submit to

the competent authority for sanction, a detailed scheme for the consa

truction of a new hi

existing one.

ghway or the improvement of on repairsto an

(2.) Such a when": may previde for =

(a) the acquisition of any land which in the opinion of the, highway authority is considered neceSSaty for its executtq-n,

(b) the laying out orrelaying out of- all or any of the lgngs

(C)

(d) (e)

so acquired. The diversion or closure of any existing highway or a section of such highway, ,

the construction or reconstruction of the roadway inclptiing its widening; levelling, surfacing, bridging, eewexing.,dratn1ng, water supply and street lighting arrangements and planting of road side trees,'

the laying of foot-paths, cycle tracks and special unﬁt:

lanes for any kind or class, 05 vehicles, the designing and siting of parking bays and petrol ﬁlling and eetwee station, the location of advertisement posts and bill boqtés, and

the layout of access roads at suitable distances conneeting the highway or the

properties.

proposed highway with the edioining

' '7. When the competent authority has sanctioned the highway scheme prepared in pursuance of Section 6 and provided the necessaryﬁnances for Its execution, the highway authority shall'proceed to 'carf'y out the work and may, for this purpose :—

(1) enter into and perform all such contracts on behalf of the competent authority as may be consider'etf necessary, "

(2) make arrangements for the acquisition of the lands required underthe scheme by outright gift or purchase by agreement with the owner or owners, or, failing such' agreement, by resort to the procedure set out in the Land Acquisition Act, 1894,

(3) turn, divertor'close either temporarily or permanently any existing highway or portion thereof, and

(4) regulate, subject to such rules as may be prescribed in this behalf, the kind, number and speed ofvehicles using any highway or portion thereof by means of barrier, diversion roads or other means.

9. (1) Ahighway authority shall maintain authoritative plans for the highways in its charge. '

(2) Such plans shall show clearly the boundaries of the highways, the detailed measurements of road widths, the distances between boundary marks and sufﬁcient measurements from ﬁxed points to enable the reﬁxation in position of' boundary marks in case they have been displaced or tampered with. ' - "

(3) The highway authority shall have all such authoritativeplans' prepared after having a survey made of the highway lands and "their boundaries in the manner prescribed in ChapterX and'in accordance with the record of that survey as notiﬁed under section 51 and modiﬁed, as may be under section 52.

9. (l) The highway authority shall have the boundaries of? the highways in its charge dem.1rcated' with reference to the authoritative. plans maintained by it, by planting stones or other suitable marks of?

a durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shows the road boundary Correctly.

(2) Where there are bends or links in the road boundary, the stones or marks shall be so located as to give the correct conﬁguration of the boundary if they are joined by straight lines.

(3) The boundary stones or marks, which may be given consecutive numbers, shall be maintained on the ground as if they constitute part of the highway. '

(4) Where standard widths have been prescribed for any highway under section ll, the distance between the highway bdu-ndaries so demarcated shall correspond to that Width.

Powe; '58 d? 7cert~ 17$:

for, éxwtm"?t X" fﬁfgﬁwﬁ o 4 V, 1

sehemeb'. *

Maintenam.i

ofhigh'w'ay

PINS? "

'Demarcation ,

of road

boundaries.

Annual check of road boun- duties. Standard widths of highways. IO. (1) It shall be the duty of the highway authority to conduct an annual check of the boundaries of the highway in its charge with a view to the locati 011 of unauthorised encroachments, if any.

(2) When the highway authority is satisﬁed that an unauthorised encroachment has been made 011 highway land, it shall take immediate steps as speciﬁed in Section 21 for the removal thereof. CHAPTER—IV

PREVENTION OF RIBBON DEVELOPMENT ALONG AND

CONTROL OF ACCESS TO HIGHWAYS

ll. (1) the highway authority may, with the previousapproval of the State Government, prescribe a standard width for any highway in its charge.

(2) The standard width may be d1ﬂ'erent 1n different portions of the same highway according to local needs.

(3) When ahighway authority proposes to prescribe astandard width in respect at any highway or aportion thereof, it shall notify the proposai in the oﬂicial gazette and invite objections, it' any, to be submitted to it within sixty daysof the date of publication of the notiﬁcation.

(4) The notiﬁcation shall also be published in at least two new5papers, one at least of which shall be in the local language, Circulating in the locality where the highway is situated, and, in addition, copies of the notiﬁcation shall be prominently displayed in a number or places in the locality.

(5) All objections received within the prescribed period shall be taken into account by the highway authority before ﬁnalising its proposal for submisson to the State Gnvernment.

(6) The State Government may reject or sanction the proposal with or without modiﬁcations, and shall publish their orders in the ' ofﬁcial gazette. '

(7) When the State Government'3 orders sanctioning the proposal with or without modiﬁcation has been is5ued the highway authority shall cause further publicity to be given to the standard width, as ﬁnally approved, in the same manner as prescribed in sub~section (4), and the rec0rds so published shall thereupon be conclusive proof that the standard width so determined and recorded therein has been correctly determined and recorded.

(8) 1n de'ermining the standard width, the highway authority and the State Government shall take into account the requirements of public health and welfare and of safety and convenience for all classes of trafﬁc, including pedestrians and cyclists, likefy to use the highway.

(9) The standard width so determined may at any time be altered but the procedure for such alteration shall bethe same as prescribed for the determination of the original standard width.

(10) The highway authority shall, as early as eeonomicaliy practicable after the prescription of the standard width, acquire either by direct negotiatton or, failing such negctiaticn. by compulsory acquisition underthe Land Acquisition Act, 1894, all iand lying within the standard width not already form1ng part of the highway land.

12. (1) The highway authority may,with the previousapproval of the State GOVernment, determine abuilding line and aeontiol line in respect of any highway or part of ahighway in its charge along one or both sides of the highway.

(2) The distance between the middle of a highway and the building line or that betw

(3) When ahighway ax'thority rroposes to determine abuilding and a control line in reSpect e1 ahighway, the same procedure shall as far as applicable 1e foiIOWed as prescribed under sub-sections(3) to (7) of section 11 for the prescription of standard width.

(4) The building and control lines as ﬁnally determined shall be demaicated on the ground by distinctive stones or other suitable marks which may be painted with ditTerent colours and serially numbered.

13. (1) Notwithstanding anything contained in any other law for the time being in force, it shall be unlawful for any person, except the highway authority or any person Working on behalf of the highway authority.

(a) to construct orlay out any means of access 10 or from ahtghway, '

(b) to erect or re-erect any building or materially alter the outside appearance of any existing building. '

(c) to make any excavation, or _ ' (d) to"construct, form or lay out any works, uponlandlying' rnearergto the middle of ahighway than a distance equal) toyonejhalfof its; standard widthprescribed under section , 1121,3011upoz'tiandgjlyihg'in between the boundary 'of a- high: 13.171133311531141 the buiiding 'iiae. determined,in_zt'espect, ofvtirer Prescript ion:

of building, '

and control

lines. '

Restriction

of building

etc.in the are

between the

highway and:

the building

line.

Restriction on building etc, between the building and the con- trol lines.

highway under section 12. Provided, however, these restrictions shall not apply to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line, pipe, duct or other apparatus, constructed in or upon the land before the date on which the restrictions came into force or,with the consent of the highway authority, on or after that date.

2. Should any building (including awall) or any part thereof ~lie within the area between the building line and the middle of ahighway, the highway authority may, whenever such building or part has been either entirely or in greater part taken down or burnt down 01' has fallen down, by notice require such building or part when rebuilt to be set back to the building line.

14. (1) Notwithstanding anything contained in any law for the time being in force, no person shall erect or re—erect any building or structure or make or extend any excavation or construct, form or lay out any means of access to a highway upon iand lying in between the building and cantrol lines determined in reSpect of the highway, except with the previous permission of the highway authority in writing.

(2) Every person desiring to obtain the permission referred to in sub-section ( 1) shall make an application in writing to the highway authority in such form and containing such information in reSpect of the building. excavation or means of access to which the application relates, and together with such fees as may be prescribed.

(3) On receipt of such applicuion, the highway authority after making such enquiries as it may consider necessary, shall by order in writing either:

(a) grant the permission, subject to such reasonable conditions, if any as may be speciﬁed in order, or

(b) refuse to grant such permission.

(4) The highway authority shall not ordinarily refuse permission to :

(a) the erection of a building or structure or the making of or "extending an excavation which conforms to the require- ments of public health and welfare and of safety and convenience of trafﬁc on the adjoining highway, or

(b) the re-erection of a building or structure which was in existence on the date on which the restrictions under Sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.

(5) When the highway authority refuses the permission, the reasons therefore shall be recorded and communicated to the applicant.

(6) In the event of refusal, the applicant may submit fresh application for permission to the highway authority, avoiding the' objectionable features on account of which the ﬁrst application was ' refused, and such a fresh application shall be c-onsideged by the highway authority as if it were' made for the ﬁrst time."

(7) If at the expiratien of a period of three months after an ~application has under- Sub—section (I) or Sub-section (6) been made to the highway autharity, no order in writing has been p'aSSed by that authority, permission shall be deemed to have been given without .the imposition of any conditions. Provided that no such automatic grant of permission shall_be presumed if the application is one for the cmstruction, formulation or laying out of any means of access.

(8) The highway authority shall maintain a register With sufﬁcient particulars of all permissions given or refused by it under this section and the register shall be available for inSpection free of charge by a" persons interested and such persons shall be entitled to take extracts therefrom.

(9) Any person aggrieved by an ,order under Sub-section (2)

"granting permission subject to conditions or refusing permission, may within thirty days from the date of such order prefer an appeal to She State Government whose order in the matter shall be ﬁnal.

15. (l) The highway authority may with, the written approval 0f the State Government, deciare a highway or any portion ofit to be a limited access highway.

(2) When a highway authority prOposes to make any such de- claration, the same procedure shall, as far as applicable, be followed .as prescribed under Sub-sections (3) to (7) of Section 11 for the prescription of standard widths.

(3) It shall be unlawful for any person to lay out a new means «of access to a limited access highway for vehicles or pedestrians, except with the speciﬁc permission of the highway authority.

(4) The procedure for obtaining the permission of the highway authority for this purpose shall be the same as prescribed in Section :14 and in the event of refusal of permission the applicant shall have the right of making a fresh application to that authority and the right of appeal to the State Government in the same} manner as provided for in that Section.

(5) When any highway or part of it has been declared to be .a limited access highway, the highway authority shall, within six months of the ﬁnal publication of the declaration or'such longer time 3;.- may be specially allowed by the State Government in any individual case, prepare a plan of such highway or part showing the points On which access shall, if applied for in accordance yvith sub-section {4), be permitted. "

(6) A plan so prepared shall be available for inSpection by the public in the ofﬁce of the highway authority free of charge at all reasonable times, and copies of it shall be made available to any ' member of the public on application to the highway authority and on payment of such reasonable. cost as may be prescribed. '

16. (1) The highway authority may, if it is considered essential' in the interests ,of safety of convenience of trafﬁc, regulate or divert any existing right "of access-to a highWay across land lying'between the control line and the highway boundary. . . .

Declaration

of limited

awess highs

WW.

Regulation. ' ' or diVisibn , of existing rights ' off _ ,t ' accesg., 4 '

Compen- :anon.

(2) Where an existing right of access is diverted, the point 3:! which alternative access is given to the highway shall not be unreasonably distant from the existing point of access.

(3) In the case of existing village tracks and lanes giving access. to a highway to right angles, the alternative access that may be provided shalt as far as possible have a diagonal approach to the:1 highway.

17. (1) Notwithstanding anything contained in any law farther time being in force, no person shall be entitled to claim any compen— sation for any injury, damage or loss caused or alleged to have hem:

caused as aresult of :

(a) the restrictions imposed against the erection or re-erectiou; of a building or the making or extending of any excavation or the laying out of any means of access on or across latd lying in between the control line and the middleof a highway under Sub—section (l) of Section 13 or sub-section.

(1) of Section 14;

(b) the regulation or diversion under Section 16 of the existing rights of access across landslying within the control ﬁne, and the highway boundary, and

(3) of Section 15. Provided that compensation shalt be payable by the highway— authority: '

(i) where in compliance with the notice s'e'r'ved by the; highway authority under snb-section (2) of Section 13; a buildmg or part thereof has been set back to the building line of any highway, and

(ii) where permission to erect or re-erect abuilding in the area lying in between the controlline and building line of ahighway has been ﬁnally refused under:

Section 14.

(2) Whete compensation is payable under the proviso to subs! section (I), the claimant nay, wnhm three months of the date of notice issued by the highway authority under Sub-section (2) of Section 13 or within three months ofthe date of ﬁnal refusal of permission"

under Section 14, as the case may be, make to the State Governmen hiS' claim for compensation. r

1(3) On receipt of the claim under Sub-section (2), the State"

Government Shall transfer it for disposal to an oﬂicer exercising the]; powers of aCoJlector' under the Land Acquisition Act,'1894. ' '

(4) Nethingw in this .8501??? shall be deened to preetuglethg:

scttlement of a claim by mutualgag'reem'ent. '

18. (1) When a claim is" transferred for disposal under sub-section3 of section 17 to an ofﬁcer exercising the pOWers of aCollectorunder the land Acquisition Act, 1894, such oﬂicer shall make anaward determining the amount of compensation payable to theclaimant.

(2) The amount of compensation awarded under sub—section (1)shall in no case exceed the diﬁerenCe between the market value ofthe land when permission is refused and the market value which it would have had if permission had been granted.

(3) No compensation shall be awarded under sub-section (1);

(i) unless the claimant satisﬁes the ofﬁcer making the award that of proposals for the development of the land, Whichat the date of application under sub-section (2) of section14 Were immediately practicable, or would have been practicable on that date if this Act had not been passed,were prevented or injuriously aﬁ'ected by the restrictions imposed under this Act and that there was demand for such development, or

(ii) if and in so far as the land is subject so substantiallysimilar restrictions in force under some other enactmentwhich were so in force at the date when the restrictionwere imposed under this Act, or

(iii) if compensation in respect of the same restrictions in force-under this Act or of substantially similar restrictions in force' under any other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest. of the claimant.

(4) The provisions of Part III, IV, V and VII of the Land" Acquisition Act, 1894 shall, so far as may be apply to an awardmade under sub-section (1) as though it were an award made underﬁn; Act. Amount of

compensa-

tion how

determinede

Highway Iands to be deemed

government property. Prevention of unatho- rised occupa— tion of

highway

land.

CHAPTER—V

PREVENTION OF UNAUTHORISED OCCUPATION OF

HIGHWAY LAND AND REMOVAL OF ENCROACHMENTS

19. A11 lands vest in the be deemed to be Government property.

20. (1)

land without obtainin g the authority or any oﬂicer behalf.

(2) The highway due regard

(i) to place a movable encroachme of any building owned b forming part of a highwa State Government shall, for the No person shall occupy or encroach on a previous permission in writing of authorised by the highway

over-hanging the highway.

(ii) 'to put up a temporar similar erections ora t highway, or

(iii) to deposit or cause to be goods for sale 0

(iv)

repairs or improv

Frovided that no such

to make a temporary excavation, for earrying out ement t0 adjoming buitdmgs.

permission shall be deemed to be valid y which do

and

not already

purpose of this' Chapter.

ny highway

the highway

authority in this

authority or the authOrised oﬂﬁcer may, withto the safety and convenience of tralﬁcsuch conditions as may be imposed and such rules as mby the State Government, and charges as may be prescribed u

subject to

ay be prescribed

on payment of such rent or other

nder such rules, permit any person '

at on any highway in front

y him or maize a movabie structure

y awning or tent, panda! or other

emporary stall or scaffolding On any

deposited building materials,

r other artiﬁes on any highway, or

any

beyond a period of one year unless expressly renewed by the highwayauthority or the authorised ofﬁcer. »

(3) The permission so granted shall clear] which the person is authorised to occupy purposes for which occupation 1S authorised and the exact portionof the highway by a plan or

shall

so by any

sketch of that portion of

highway ofﬁcial and

the highway

y specify the date upto;

land, they

permitted to be occupied, and shall also be accompanied the highway, if necessary.

(4) The person in whose favour such a produce the permit for inspection whenever called upon to do shall at the end of the period

permission has been given

prescribed in the permit release the land occupied by him afterresorting it

(5) The highway authority 01' shallmaintain a complete record of shall also cause a check-

of the period up to whi

to the same state as before

that the land has actually been vaCated.

occupation by him.

theofﬁcer issuing the permission

all such permissions issued, and

up to be made in every case at the expiration ch occupation has been authorised to ensure

21. (1) When, as a result of the annual check of highway boundaries made under section 10, or otherwise, it transpires that an encroachment has taken place on highway land, the highway authority or any oﬂicer authorised in this behalf shall serve anotice on the person responsible for the encroachment or his representative

requiring him to remove such encroachment and restore the land

to its original condition before encroachment which the period speciﬁed

in the notice.

(2) The notice shall Specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the prescribed period shall render the person liable to prosecution and also to summary eviction.

(3) If the encorachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-cornpliance, the high authority or the authorised ofﬁcial may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary booths for vending. etc. the high- way authority or the authorised ofﬁcial may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lieu of removal of the encroachment option of executing a'lease in favour of the highway authority for payment of rent for the area encroached upon.

(5) When the encroachment is of atemporarv nature and can easily be removed but is not Such as can be described as petty or trival within the meaning indicated in sub—section (4), the highway authority or the authorised official may in addition to or in lieu of prosecuting the person responsibie for the encroachment under sub~section (3) have the encroachment summarily removed with the assistance of the police, if necessary.

(6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traﬂic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authori ed ofﬁcial may, in addition to prosecution of the person under sub-section (3), either— ,

(i) have such protective Work as may be feaSible atarea— sonable cost carried out so as to minimise the danger to trafﬁc on the highway, or

(ii) have the encroachment removed with the help of tbe police,'if necessary. -

Removal of

encroach-

ments.

N! !!

lnjunctionen the highway authority to desist from removal of enchtoach- meat.

Recovery of cost ofmo- val of

enchoaeh- meats.

(7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prescriptiVe right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal eVen after he has been prosecuted under sub-section (3) and convicted, afresh notice for its removal shall be served on him by the highway authority or the oﬂicer authorised under sub-section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised ofﬁcial shall institute asecond prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and the magistrate shall thereupon have the encroachment removed.

22. (1) Where the person on whom* notice to remove an encroachment has been served under sub-section (1) of Section 21, lays claim that the land in respect of which encroachment has been alleged is his property or that he has acquired aprescriptive right over it by virtue of adverse possession, he shall within the time limit prescribed in the notice for the removal of the encroachment, ﬁle a suit in a competent civil court and also get an injuction on the highway authority to desist from taking further action in the matter till the suit has been diSposed of.

(2) When such an injuction has been issued, the highway authority or the authorised ofﬁcer shall suspend further action until the suit ﬁled by the person has been disposed of.

23. (l) Whenever ahighway authority or the oﬂicer authorised under sub-section (1)' of Section 21 has under the provisions of that Section removed any encroachment or carried out any protective- work in respect of any encroachment, the actual expenditureinvolved, together with 15 per cent for overhead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.

(2) Abil], representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised oﬁ'icer referred to on the person responsible for the encroachment or his representative with adircction to pay up the total amount within aspeciﬁed date to the authority mentioned in the bill.

(3) The bill shall be accompanied by a certiﬁcate from the highway authority or the authorised oﬂicer to the eﬂect that the amount of expenditure indicated in the bill represents the charges incurred and such a certiﬁcate shall be conclusive proof that the charges had actually been incurred and shall not be questioned in any civil court.

(4) The materials, if any, recovered as aresult of the remqval of any encroachment shall be handed over to the person _reSponsible- for the encroachment on payment of the bill by him but in the event of his failure to pay up the bill Within the speciﬁed date, the mate- rials may/ be auctioned and after deducting the amount of the bill"

from the procceeds, the balance if any, shall be made over to him.

— w m

(5) If the proceeds of the auction sale do not cover the total billed amount, the excess over the amount realised by the sale of materials or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recoveied as arrear of land revenue.

CHAPTER—VI

IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS

24. (1) The State Government may, whenever it deemsittd be necessary in the public interest, by notiﬁcation in the ofﬁcial gazette direct ahighway authority to take over for road construction and/or maintenance any land constituting avillage road or track on which the public have, or have established by long usage, a permanent right of way, irrespective of whether such village road or track has been shown in the Settlement Records as a public way or not, and whether the ownership of such land vests in the Government or any landlord or a proprietary body.

(2) Such notiﬁcation shall be giyen pioper publicity in the locality of the Village road or track.

(3) All such lands taken over by the highway authority as a result of the notiﬁcation issuedun-ﬂer section (1), as are not already. deemed to be crown property, shall te so deemed fOr purposes cf Chapter V, and the provision of that chapter shall apply fully to such lands.

25. (1) Where there is any obligation by law or by custom or otherwise, on any landlord or proprietary body to maintainia village road or track on which the public have or have acquired a permanent right of way, and such road or track is not in the opinion of any highway authority properly maintained, that authority may issue anotice to the landlord or the proprietor to repair the road or track Within such a reasonable time and in such manner as may be speciﬁed in the notice.

V (2) If at the end of the speciﬁed period the repairs have not been carried out in the manner speciﬁed, and the landlord or the proprietor has not furnished any satisfacmry explanation for non-com- pliance, the highway authority may move the State Government to transfer central of the road or track to it or to any other highway authority und er sub-section (1) of Section 24.

(3) The State Government, while directingthe transfer of control of such Village road or track to any highway authority, may determine whether any, and if so What, portion of the cost of repair Whi ch

the highway authority may incur shallberecevered fronithe landlord or the proprietor in discharge of his obligation to maintain the road or track.

State Govt.

to direct

highway

authority to

take over

viilage tracks

for develop-

ment and

maintenance.

Highway" '

authority to

require the

proprietor '

of village

road land to

repair the

road properly"

where he is

under obliga-

tion to do so,

ﬂighway authority to acquire

:eversionary right of

proprietors in village road land. Appointment of Planning Boards for control of development in areas

adjoining highways. Constitution of the Plan— ' hing Board and transac- tion of busi- ness by it.

26. (1) Where the controt of avillage road or track has been taken over by a highway auth ority as aresult ot a notiﬁcatio n issued

undet sub-section (1) 0t Section 24 and the ownership of the lan d

constltuting the road or track vests in a landlord or proprieta ry body,

the highway authority shall acquire by direct negotiation or, failing

negotiation, by resort to the La nd Acquisition Act, 1894, the reversionaty

rlghts, if any, of the tandlor d or proprietary body to th e land by

paying suitable compensation.

(2) In determining the com pensation payable under s ub-section

(1), regard shall be had t o the fact that the reversi onary right is

very remote.

(3) The amount, if any, p ayable by the proprietor u nder sub-

section (3) of Section 25 ma y be set off against the comp ensation

payable to him under sub-sect ion (1).

PART III

CONTROL OF LAND DEVE

LOPMENT IN AREAS ADJ

ACENI

TO HIGHWAYS AND LE

VY OF BETTERMENT TA

CHAPTER—VII

CONTROL OF ROADSIDE

LANDS

27. {1) The State Governme nt shall, by notiﬁcation in th e ofﬁcial

gazette, appoint a Plannin g Board (hereinafter referr ed to as the Board)

for the control of townsh ip development in the Sta te in areas adjoining highways outside the t erritorial jurisdiCtion of Municipalities, City

Corporations, City impr ovement Trusts or like Bodies not being

District Boards:

Provided that the State Government may, if it considers

asingte Board to be inadequ ate for handling the work in the whole

State, appoint more than one such Board, each for a spec iﬁed region

in the State.

(2) The State Governmen t may, at any time by notiﬁcation

in the ofﬁcial gazette, ad d to or reduce the area of jurisdiction of a Board.

(3) ABoard, so appointe d, shall be a body corpo rate and have 2

perpetual succession and a common seal and shall s ue and be sued by its , own name.

28.

or non-ofﬁcial,not being less from time to tlme determine

(1) A Board shall consist of such number of membe rs, ofﬁcial

than three, as the State G overnment may

by notiﬁcation in the ofﬁ cial gazette:

t2) One of the members of the Board shall be aHighway Engineer, 3. second Town Planner with knowledge of architecture, and a third with experience in land valuation.

(3) The Board shall meet and transact business in accordance with such rules as may be prescribed by the State Government in this behalf.

(4) Such rules shall aiso provide for the appointment of a chairman tom among the technical members of the Board, the payment of remuneration and travelling allowance to him and to the other members, and the appointment of staﬁ' for the Board.

(5) If any member of a Board owns, or has any interest in, 'iand lying in any area the development of which is controlled by such a Board, he shall take no part in the proceedings of the Board relating to such area.

(6) A Board shall be provided by the State Government With 'Such funds as may be required for the proper discharge of its functions and shall maintain regular accounts in accordance with such rules as may be prescribed by the State Government in this behalf. 28A. (1) Whenever a highway authority has reason to believe that an area adjacent to a highway outside the territorial limit ofa Municipality, City Corporation 01' City improvement Trust or other like body not being a District Board, is likely to develop into a building or industrial area and that such development it'left unregulated is likely in course of time to aFfect the highway adversely, it shall in writing request the State Government to direct the Board, orthe appropriate Board it' more than one such Board have been appointed in the State, to control the Development in that area.

(2) On receipt of such request from ahighway authority, or at its own instance, or at the instance of any class of public, and after making such enquiries as may be deemed necessary, the State Govern~ ment may by notiﬁcation in the ofﬁcial gazette direct the Board, or the appropriate Board if there is more than one in the State, to exercise control over development in SuCh area:

Provided that the State Government may, at its discretion direct in adjoining Municipality, City Corporation, City Improvement Trust or other like body to exercise control over such area in accordance with the law under which such body functions within its own limits «of jurisdictioﬁ.

29. (1) The Board shall, as soon as possible after it has been notiﬁed to exercise control over development in any area, have a survey made of such area and shall have the boundaries thereof demarcated with reference to \the survey.

(2) The boundaries so demarcated shall be notiﬁed by the Board in the ofﬁcial gazette in such detail as may be necessary for the proper identiﬁcation of the area. -

Speciﬁcation

of areas

where con-

trol is to be

exercised

over develop—

ment.

Survey and

demarcation

of the area

and the pre-

paration of a

layout plan

for its deve—

lopment.

3 Within a year of the date of the notification issued u ndex

sub-section (2) or such longer period as may be specially permitteﬁi

by the State Gove rnment in this beh alf, the Board sha ll preparea'

layout plan of t he area showing the sites of propo sed roads, parks

playﬁelds, resident ial localities, in dustrial areas, ac cess lanes to th e

adjacent highway, etc.

(4 The access

points to the ad jacent highway a nd the genera}?

layout plan shall be ﬁxed in cons ultation with the highway authority

concerned.

5) The layout p lan so prepared s hall be deposited by the Boarci with the Principal Revenue Ofﬁcer of the district in whic h such area.

is located and als o in its own oﬁiCe and in the ofﬁce o f the high-r

way authority c oncerned, and th e plan so deposit ed shall be availab le:

for inspection by the public free of charge at all teaS Onable times,

(6) Copies of th e plan shall be ma de available to an y interestea

member of the pu blic on applicatio n to the Board an d on payment

of such reasona ble cost as ma y be ﬁxed by

the Board.

Regulation

30. (1 It shall be unlawful afte ra notiﬁcation ha s been isweﬁ'

"i dive"? by the Board under sub-section (2) of Section 29, to construct o r

$22" 111 the re-CO nsttuct any buildi ng in the area s o notiﬁed, or to layout any

' means

ot' access in that area towards the adjacent highway without.

obtaining the pri or permission of the Board.

(2} Every pers on wishing to co nstruct or re-con struct any struc ture

or to layout a ny means of a ccess in that a tea shall apply to the

Board for permis sion in such for m and with such details and plans— and together wi th such fees, i f any, as may be prescribed by the

Board.

3) The Board shall, as Soon as possible after the receipt of an application, by order in writing either.

(a) grant the n ecessary permis sion,_with _or w ithout such re ason-

able conditions as may be speciﬁed in the order. if the pro po-

sal of the applican t is not inconsisten t with the layout of the

area planned 01: co ntemplated, and is otherwise unobj ection-

able, or

(b) refuse the p ermission.

(4 If at the ex piration of 3 mon ths from the da te of appli— cation no orde r in writing has been passed by the Board_,_per nnssmn

shall be deemed to have been giv en without the i mposnion of any conditions:

automatic grant of permission sh ali

Provided, hone ver, no such out of any me ans

be presumed if

the application

is for the layin

of access toward

s the adjacent h

ighway.

{5 1n the even

t of refusal o

f pexmissicn, t

he Board shalt

communicate to

the applicantt'ne

defeets or the ob

jectionable featut es.

of the proposa

l responsible

for its rejectio

(6) The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such appli- cation shall be disposed of by the Board under sub-section (3) as if it vxere a flesh application.

(7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved pian, a fresh application shall be made to

the Board as if the modiﬁed plan constituteda fresh proposal and, pending the disposal of such fresh application by ,the Board under Sub—SeCtion (3), the ConstruCtiOn work shall be suspended by the

applicant.

(8) Any pexson feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject .to cond itions

or rejecting it, may, within three months of the date of, the order of the Board, prefer an appeal to the Slate Goyemment whose order in the matter shall be ﬁnal.

. (9) If anypersen constructs or re-constnicts any structure or lays out any means of access without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantialdeviation from the approved plan, the Board may, without prejudiceto any other proceedings which may be taken against him, have the structure removed or the means of access closed and recover from him the expenditure involved, together With 15% departmental charges,.~in accordance with the procedure prescribed under Section 23 in so far as that prOCedure is applicable.

(10) The Foard shall be 'the sole judge of What cenétitutes substantial deviation from the approved plan for purposes of sub- section (9);

31.. (1) Where after the issue of a notiﬁcation under sub-section (2) L of Section 29 it appears to the Board that ,the planned development of: the notiﬁed area can be secured only byacquiring land in that grea, [it may, with the prior consent of the State Government, acquire the entire area or Such part of it as may be considered necessary, either by direct negotiation with the owner or failing such'negotiation, by resort to the provisions of the Land Acquisition Act, 1894. f '

,~ -'7

(2) Such area as may be acquired under sub-secti'orijl) $11131] he properlyyla'id out by the Board, the necessary improvemehtieﬁ'eeted and sites assigned sold or leased to the public for a §peeiﬁ'ed'pe'riﬁod net eXceeding 99 years, for construction accOrding t6 a'pp'toved p'léﬁs. Planning

Board to

acquire land

for planned

development,

where neces-

sary.

Planning Board to decide on levy of better- ment tax

with the

consent of

State

Government

who shall

determine the rate of levy. Computation of betterment value.

CHAPTER—VIII

LEVY OF BETTERMENT TAX

32. (1) Where a Board is of the opinion that the value of land in any area in its charge is likely to increase as aresnlt of the development at public expense of any area adjoining a highwa y,

it may, with the previous consent of the State Government, dec ide

to levy abetterment tax in respect of such area:

Provided that where in pursuance of Section 31 the Board has acquired any area and has had it properly laid out and sold or leased to the public, no betterment tax shall be levied in respect of such area.

(2) The State Government, when approached by the Board under sub-section (1) for its consent to the levy of betterment tax in a ny

area, shall while giving such consent determine the percentage rate, not exceeding 80% of the betterment value, at which the tax shall

be levied in such area and communicate the same to the Boa rd.

(3) Where it is decided to levy abetterment tax in reSpect of any area, the Board shall cause the decision to be notiﬁed in the ofﬁcial gazette and shall also secure further publicity to the notiﬁcation in the manner prescribed under sub—section (4) of Section ll.

(4) The notiﬁcation shall specify :—

(a) the exact area in which the betterment tax is to belevied,

(b) the date on which the prevailing land value shall be deemed to be the basic value for purposes of commuting betterment, and

(c) the percentage rate of betterment value at which better- ment tax shall be lev1ed, as determined by the State Government under sub—section (2).

(5) When the development or improvement of the area adjoining the highway has been completed Or, in the opinion of the Board, has reached a stage sufﬁciently advanced to enable the resulting betterment to be determined, the Board shall notify in the ofﬁcial gazette the date on which the execution of the scheme has been completed or shall be deemed to have been completed, and shall also cause further publicity to such notiﬁcation in the manner prescribed under sub-section (4) of Section 11.

33. (1) For land Which has already been built upon or on which permission to build has already been accorded before the date notiﬁed under Sub-section (5) of Section 32, betterment value shalt be the value on that date less the basic value as computed with reference to the date notiﬁed under sub-section (4) of that Section less, the estimated cost of improvement work, if any, carried out by the owner betWeen the two dates.

(2) For land which on the date notiﬁed under sub—section (5)] of Section 32 has neither been built upon nor in reSpect of whichpermission to build has been accmded before that date, the betterment value shall be the value on the date when permission to build is

granted less the basic value as computed with reference to the

date notiﬁed under sub-section (4) of Section 32, less the estimated

value of improvement,if any, carried out by the owner between the

two latter dates.

34. (l) The Board shall, at any time after a month of the publi- cation of the notiﬁcation under sub-section (5) of Section 32 assess the amount of betterment tax payable by every individual owner of land, and shall serve anotice on him in writing in the prescribed manner, specifying the amount of the tax payable by him, the detaits of calculation,the instalments if any in which payment may be made, the dateor dates on or before which payment of the full amount or of the instalments shall be made, and the authority to whom payment shall

be tendered. '

(2) Any person on whom a notice for payment of betterment tax has been served under sub-section (1), may within one month from the date of service of such notice, ﬁle an objection before the

Board in respect of the assessment made against him. Provided that

the Board shall have discretion to entertain objections even after

the expiry of the period of one month if it is satisﬁed that the

failure to ﬁle such objections in time was due to causes beyond the

control of the objector. 1" r

(3) After an opportunity has been given to the objector of being heard in person or through pleader the Board may conﬁrm, modify or cancel the assessment made under sub-section (1).

(4) Any person aggrieved by the orderissued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.

(5) If any person on whom a notice has been served under sub-section (1), fails to ﬁle any objection under sub-section (2), the assessment shall be conclusive and shall not be questioned in any court of law.

35. (l) The person liable to pay a betterment tax may, it has option, instead of making either a lump-sum payment or payment by inStalments where allowed by the Board, execute an agreement with the Board or any other authority specially authorised by the State Government in this behaif, to leave the said liability outstanding as a charge on his interestin the land subject to the pavement in perpe- tuity of interest at the rate of 6% per annum.

(2) A person who has exercised his option under sub-section

(1) may at any time after giving six months notice of his intention so to do, redeem the charge of paying the assessed amount of betterment tax 01' such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

36. Arrears of betterment tax shall be realised in the manner provided for the recovery of arrears of land revenue. Asmsment

of Better-

ment tax.

Betterment"

tax may at

option of

the owner

of land be

made a

charge on

his'interest

in the land.

Arrears of

betterment

tax to be

recovered

as arrears,

of land

revenue;

Appropria- tion of the proceeds of betterment tax.

Prevention of cover structure of view or

distraction of attention ofpersons using any highway.

5' 37' The proceeds of the b etterment tax, levied in a ny area, shall

after deductlon of the a ssessment and coltection charges, be made

"over by the Board to th e ProvincialGovernment may direct.

PART IV

MISCELLANEOUS AND

SUPPLEMENTAL PROVI

SIONS

CHAPTER—IX

SUPPLEMENTAL PROV

ISIONS TO SECURE S

AFETY OF

TRAFFIC AND PREVEN

TION OF DAMAGE TO H

IGHWAY

38. (1) Where a highwa y authority is of opinion that it is

necessary for the prev ention of danger arisi ng from obstruction o f

the view or distraction o f the attention of perso ns using any highway, especially at any bend or corner of the high way, it may serveta notice upon the owner or occupier of land alo ng side or at the

bend or corner of such highway to alter or rem ove altogether, within ' such time and in such a manner as may be sp eciﬁed in the notice, the height or characte r of any existing Wa ll, (not being a_wall forming part of a perma nent structure), fence, he dge, tree, advertisement post, bill board or any other object thereon, s o as to eliminate or minimise the apprehended danger.

(2) If any person upon whom a notice has been served nndér

sub-section (1), object s to comply with an y requitement of suc h

notice, he may, within 14 days of its receipt s end to the highway authority his objectiO n in writing stating t he grounds thereof.

(3) "The highway aut hority shall, within 1 4 days of ,the receipt of the objection cons ider the grounds adv anced and shall, by o rder

in writing, either With draw the notice or am end or conﬁrm it.

(4) If a person is aggrieVed by an orde r issued by a highwa y

authority under sub—sec tion (3), he may prefe r an appeal within 7 days of the date of such order to the colle ctor or Chief Revenue Oﬁicer of the district, whose decision in the matter shall be ﬁnal. ' (5) If any perso n falls to comply w ith the. notice serve d on

him ﬁnder sub-section

(1) as amended or conﬁ rmed as the case may be under snb—section

(3) or (4), the highw ay authority may tak e

action to alter or remo ve the object causing obstruction or distractio n

at View at its (own:

expense, and such ex penditure together with 15% departmental char ges, shall be recovere

d from such person i

accordance With the p

rovisions of Section 2

3, without prejudice t

any other action wh

ich may be taken

against him.

39. (1) If at any time it appearsto ahighway authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehiCuIaT or pedestrain traﬁic by reason of damage

or otherwise, it may, subject to such rules as may be prescribed in

this behalf, either close the highway or the portion of it to all traﬂic

or to any class of trafﬁc, or regulate the number and speed of

vehicles using the highway.

40. Where the highway authority is satisﬁed that the surface of any highway, 'or a portion thereof. or any bridge; culvert or cause- way built on or across any highway, is not designed to carry Vehicles of which the laden weight exceeds acertain limit it may subject to such rules as may be prescribed in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway.

41. (1) Where in pursuance of clauses (3) and (4) of Section7 or in exercise of the poners under Section 39 or 40, the highwayauthority desires temporarily to close any highway or part of it to traﬂic or to restrict or regulate traﬂic thereon in any manner, it

shall in writing request the authority authorised to control trafﬁc

under Part V of this Act to enforce the restrictions in the said

manner.

(2) Where such arequest has been received from ahighway authority, the authority empowered under Part V to control traﬂic shall take all necessary measures to enforce the said restrictions in accordance with the provisions of that 'part.

42. (1) Where, in pursuance of clause (3) of Section7 or in exercise of Section 39, a highway authority desires permanently to close down any highway or ,part thereof, it shall give notice of its intention so to do in the oﬁicial gazette, and shall cause furtherpublicity to be given to the notice in the manner prescribed under sub-section (4) of Section 11.

(2) The notice shall indicate the alternative route, if any, whichis proposed to be provided or which may already be in existance,and shall also invite objections, if any, to the proposal to be submitted within such time as may be speciﬁed.

(3) The highway authority shat} ﬁnalise its proposal to ciosedown any highway or part of it after considering the objections,if any, received within the speciﬁed time, and shall submit the ﬁnal proposal to the State Government for approval together With suchobjections as may have been received against the proposal.

(4) The State Government may either approved the preposal,With or without modiﬁcations, or reject it.

(5) When the State Government has apprOVed the proposal, it shall' publish its orders in the ofﬁcial gazette. _ (6) When the orders of the State Government have appeared in

the oﬂicial gazette, the highway), authority» shall arrange for further. publicity tobe given to the orders in themanner prescribed undersub-section (4) of Section 11 and.'th-e highway or part thereof shall then beclosed. Highway

authority

to reguiate

traﬁﬁc when

highway

deemed

unsafe.

Prohibition

of use of

heavy vehi-

cles on cere

tain

highways.

Power of

highway

authority

to controt'

trafﬁc to be

exercised

throughlhe

authority

appointed

under part

V to control?

trafﬁc.

Proceduxe to»

be followed

when high-

way autho-

rity wishes

permanently

to close any

highway.

Consent of highway authority tequired to do certain acts on

highways. Prevention and rectiﬁ- cation 0 damage to highway.

(7) Whenever any highway o r any part the reof has been so

,c1osed, reason ab1e compensat ion shah be pa id to every pe rson who

was entitled,ot herwise than as amere member of the public, t o use

such highway or part as ameans of access to or from his property and has suffered damage for such closing.

(8) Where an alternative rout e has been pro vided or is alr eady

in existence, t he amount of c ompensation pa yable to any pe rson under

sub-section (7) shed) in no cas e exceed the co st of laying ane w means

of access from his property to s uch alternative ro ute.

(9) Where com pensation is p ayabte under s ub-section (7), the

claimant shall, within 3 month s of the dosing of the highway or part,

make to the State Government his c 1aim for compens ation, and such claim shall be dis posed of in accord ance with the prov isions 0f Sections 17 (3) and 18

(1).

43. ( 1) Notwith standing anythin g contained in an y other enactmen t

For the time be ing in force, no person other tha n a highway aut hority

or its authorise d agent sha'xl c onstruct or carry any cable, wire, pipe,

drain sewer or c hannel of any kind thmugh, a cross, under or over

any highway, except with th e speciﬁc cons ent of the hi ghway

authority.

(2) In giving its consent, the high way authority ma y impose

such conditions as it may deem to b e necessary and m ay a1so impose a rent or other charge for any tand forming pa rt of the highw ay

occupied by or apphed to the pr oposed work.

(3) If any person constructs or carr ied out any work in contra-

vention of sub- section (1), the highway authori ty may arrange for

the remova1 of such work and r estoration of the highway to its former conditio n in accordance with the provisi ons of Section 21 as

if the work con stituted an encr oachment on th e highways and such

expenses as the h ighway authorit y may incur for this purpose, to gether

with 15% depa rtmental charges thereon, shall, without prejudic e to

any other action that may be tak en against such person, be recove red

from him in acco rdance with the p rocedure prescrib edundet Section 23 in so far as that procedure is applicable.

44. (1) No per son shah wilfull y or negligently cause, or aﬂow any vehicle or anima1 in his c harge to cause any damage to any

highway.

(2) Where in c ontravention of sub—section (1) a ny (damage has been caused to an y highway. the h ighway authonty shall have the damage repaired and the expens es involved, to gether with

°°

departmental charg es, shah, without prejudice to any o ther action that may be taken aga inst the perso-ntt esponsible for the contraventionot' subsection (1,), be recovered 'from' hi m in accordance wi ththe ptoeedltgea pnescribed (under S ection 23 in so far that procedure is- a ppliéable; ' ' '

CHAPTER—X mVEY OF HIGHWAY LANDS AND HIGHWAY, BOUNDARIES

FOR PREPARATION OF AUTHORITATIVE PLANS

45. (1) Where, in pursuance of sub—section (3) of Section 8, :a highway authority wishes to have a survey made with a view to the preparation of authoritative plan or plans for any highway in its charge, it shall request the State Government in writing to order the survey and appoint a Survey Oﬁicer for the purpose.

(2) If, on receipt ot'such request and after making such further enquiries as may be deemed necessary, the State Government is satisﬁed about the need for such survey, it may, by notiﬁcation published in the ofﬁcial gazette, order that the proposed survey shall be made and shall simultaneouslyappoint a Survey Ofﬁcer for the purpose.

46. (1) When asurvey has been ordered under Section 45, the Survey Ofﬁcer appointed for the purpose shall publish a nntification in the otﬁciai gazette inviting all persons having or claiming to have anyinterest on the lands adjoining the highway or its boundaries of which the survey has been ordered, to attend either in person or by agent at a speciﬁed place and time and from time to time thereafter when called upon for the purpose of pointing out the boundaries and supplying information in connection therewith.

(2) The Survey Oﬂicer shall cause further publicity to be given to the notiﬁcation issued by him under sub-section t1) in the manner prescribed in sub-section (4) of Section 11.

(3) A notiﬁcation published in accordance with sub-section (1) and further published in accordance with subsection (2) shall be held to be a valid notice to every person having or claiming to have any interest in the land or boundaries of which the survey has been ordered.

47. (1) The Survey Ofﬁcer shall give aspecial notice to the high way authority concerned intimating the date and time from which the survey of the highway shall be carried out.

(2) The highway authority. shall, on receipt of such special notice, take such steps as may be deemed necessary to watch the survey Proceedings and to make representation to the Survey Officer whenever it has reason to believe that the interests of the highway are being or likely to be adversely aﬁected.

, 48. (1) The Survey Oﬂicer shall have power to determine and record as'undisputed any boundary in resPect of which no diSpute is brought to his notice.

(2) Notice of every decision of the Survey Oﬂicerundef sub-secgtion £1) shall be given in the prescribed manner to the registered iho egg ot'"the land"^thebbundapie's^ofwhich'm'a'y^'beaff'eete'd'by^"the^deem^1-^' and also to the highway authority concerned.

State Govern-

ment to

order survey

and appoint

survey oﬁcer

when so

requested by

the highway

authority.

Survey Ofﬁcer

to publish

notiﬁcation.

Survey Ofﬁcer

to give spe-

cial notice to

highway

authon'ty to

enable the

latter to make

representa-

tions if neces-

sary.

Power of

survey ofﬁcer

to determine /

undisputed

boundary. ' /

Power of survey oﬂicer to determine and record a disputed

boundary. Appeals

against order of the survey ofﬁcer under sections 48 &

49.

Completion of demarca- tion to be notiﬁed by the survey oﬂicer.

Institution of suit in civil court where any person is aggrieved by determination of boundary.

49. (1) Where aboundary is disputed, the Survey Oﬂicer after making such enquiry as he considers necessary, shall determine the- boundary and record it in accordance with his decision and shalt! also record in writing the reasons for his decision.

(2) Notice of every decision of the Survey Ofﬁcer under sub- section (1) shall be given in the prescribed manner to the parties to the dispute, to the highway authority and to the other registere d

goloers of the land the boundaries of which may be affected b y the

eelsion. '

SD. (.1) The highway authority or any other person affe cted by

the decision under Sections 48 or 49 may, within three months of the date

of service of notice under those secxions, appeal to the Co ilector 01'

the Chief Revenue Ofﬁcer of the district and the decisio n of such

ofﬁcer shall be recorded in writing and notice of such decisi on given

in the prescribed manner to the parties to the appeal, Any modi ﬁcation

of the Survey Ofﬁcer's decision ordered by the appella te authority

shall be noted in the record prepared under Sections 48 or 4.9 as th e

case may be.

(2) No appeal preferred after the expiry of the s aid periodof

three months shall be admitted.

Provided that the time taken to obtainacopy of th e decision-

and the map under Sub-Section(3) shall not b e taken into account

in calculating the said period of three months.

(3) Acopy of the order and aeopy of the map recording the

boundaries as determined under Sections 48 or 49 or sub-section (1)

of this section, shall be furnished to the hi ghway authority or to

any person interested in such order or ma p, as the case may be

or the application to the Survey Ofﬁcer and on payment of such

reasonable cost as may be ﬁxed.

51. (1) When the survey of any highway land or its boundaries

which has been notiﬁed under Section 45 has been complete]. in

accordance with the orders passed under Sections 48, 49 or 50, the '

Survey Ofﬁcer shall notify the fact in the oﬂicial gazette and shalt

cause further publicity to be given to the notiﬁcation in the manner

prescribed under Sub-section (4) of Section

11.

(2) Unless the survey so notiﬁed is modiﬁed by a degree of a civil

court under the provision of Section 52, th e record of the survey

shall be conclusive proof that the boundari es as determined and

recorded therein have been correctly d etermined and recorded and.

shall not be questioned in any court of law.

52. (1) The highway authority or any ot her person deeming

itself or himself aggrieved by the determin ation of any b0nndary under

Sections 48,49 or 50 may, subject to the p rovisions of the parts I!

and III of the Indian Limitation Ac t, 1908 institute asuit withim ayear from the date of the notiﬁcation under sub-section (1) 'or'

Section St, to set aside or modify t he said determination, and the Survey, shall, if necessary, be. altered in accordance with the _ ﬁnal

decree in the suit, and the alteration, if any, shall be noted 1n the

record.

Rules.

(2) The plaintiff in such shall join as parties to it all persons including the highway authority (where such authority is not itself the plaintiff) whom he has reason to believe to be interested in the boundary nhich is the subject of the suit.

CHAPTER—XI

POWER TO FRAME RULES FOR THE CONSTRUCTION AND

53.

MAINTENANCE OF HIGHWAYS

(1) 'Ihe State Covernment may make rules for the regulation of the construction and maintenance of highway and generally for carrying into effect the purposes of Part 11 to IV of this Act.

(2) In particular and withoutprejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a)

(b)

(0)

(d) (e) (f)

(3)

7 (h) (i)

the preparation of schemes for the development of new or improvement of, or repairs to existing, highways; the standards that have to be followed in determininga standard width and building and control lines in respect of various types of highway ;

the prevention of obstructiOn of view or distraction of attention of persons using suchihighways and of annoyance, danger or injury to the public;

the prevention of obstruction, encroachment and nuisances on or near, and of damages to such highways ; the proper maintenance of boundary marks demarcating highway boundaries and building and control lines; the prescription of various forms of application required to be made and the forms of notice and bills required to be served on persons, the charges to be made For the supply of copies of plan, etc. and the rent or other charges to be jmposed or levied under the provisions of this Act; the general guidance of the highway authority and the Planning Board in the discharge of their functions under this Act ;

the transaction of business by a Planning Board including appointment of a chairman, his powers, his remuneration and travelling allowance, etc. and those of the other oﬁicers of the Board and the appointment of Staﬁ for the Board ; the maintenanee of accounts by a Planning Board and the method of audit of such accounts; and

(j) any other matter which is to be or may be prescribed.

CHAPTER—XII

GENERAL AND MISCELLANEOUS PRO

VISIONS

54. (1) Every notice or bill-issued- or prepared under any Seetion

of this Act shall be served or presented:

(a) by deliveriﬂngﬂorv tendering itor sending it. b y post to the

person to whom it is addressed, or to his ag ent ; or

(b) if such a person or his agent is not found. then by

leaving it at his usual or last known pace of abo de or

by delivering or tendering it to some, adult male mem ber

of his family or by Causing itto be ﬁxed onsome con spicuous

part of the building or land, if any, to which it relates.

(2) Where »noti~ce-,,;under._this Act 'is required to be served

upon an "owner" or "occupier" or a building or land, {it - shall

not be necessary to name the owner or occupier, and the service

there shall be. effected either :

(a) by delivering or tendering the notice or sending it by post 'tov-the "owner" or "occupier" of if there be more owners or occupiers than once, to any one of them, or

(b) if no such owner oroceupier iswfeund, then by giving or tendering the notice to an adult male .member or servant of his' family or-by causihg thevnotice to be ﬁxed -on some conspicuous buiiding or part of the land to which the same melates ;

(c) Whenever the persq'n to whom a notice orga bill is to Abe served is a minOr,,sei-vice ,uponhis.,guard_ian or upon an adult male member or seryant of his'family shall be deemed to be service upon the minor.

54A. (1).,Every power to make rules given. by-this Act is subject to the conditlon of the rules beihg'madewafter previouspublication. .(2) A11 rules made under this Act shall be. publishedjn the pﬂiCial gazette, and shall, unless some later 'date is__appointed, come mto force on the'date of suchepublication.

55. The highway authority \may, after obtainingetheizzapproval of the State Government, by notiﬁcation in theriosfﬁcialk Gazette, delegate any of its powers or duties under sections 7(3), 7(4)lO, 20, 21, 23, 38, 39, 40, 41, 42, or_ 43 of this. Act to ,Iany officer. or authority subordinate to it subject to such conditions if any, as may be spemﬁed in suchnotiﬁcation.

Service of

notice, etc.

Publication

and com-

mencement

of rules.

Delegation

of powers

by the high-

way autho'

rity.

56. All persons acting by the authority of the State Govern— ment or of any highway .authmtity;_or; a Planning Board in the carryingoutof any of therprovisions of this Act or of any of the ruleSnv'made: under::thisszct—'shaH?,beridezemed.,to:=be: public servants Within the meaning of 'Section'Zl rof ?the Indian Penal Code.

57. *No suit, prosecution or other legal proceedings shall lie against any person foranything Which is in good faith done or intehded-to be done under or in pursuance of this Act or any rules made under this Act.

58. Every police ofﬁcer shall 'forthwith furnish information to the nearest highway authority, or the nearest ofﬁcer subordinate to the highway authority, of any offence coming to his knowledge which has been committed against this Act or any rule made under this Act, and shall be bound to assist the highway authority and its Ofﬁcers and servants in the exercise of' their lawful authority. '59. 'A police ofﬁcer in uniform may arrest Without warrant any purson Who commits in his View an offence punishable under Section 66 or 67.

60. Every village headman, Village accountant, village watch— man or other Village ofﬁcial by Whatever name called, shall forthwith inform thehnearest police station of the nearest highway authority or'any ofﬁcer of the' highway authority, ~whenever he becomes aware that any survey marks showing the building or control lines determined in respect of a highway has been$ des— troyed, damaged, removed, displaced or otherwise tampered with, or that any damage to any highway or encroachment on any highway land has been ,made.

61. The highway authority may utilise temporarily for other than road purposes: land forming part ofa highway Which is not immediately required for the passage of trafﬁc and dispose of the produce of such lands.

'62. Wherein pursuance of Sections 7(2), 11(10), 26(1) or 31(1), a highway authority orravPlanning ?Board has acquired any land by direct negotiations With the owner or owners, it shall cause the interests, if any, of other person or persons in such land to be acquired under the Land Acquisition Act, 1894, in so far as that Act may be applicable, to ensure perfect title thereto. 62A. Nothing in Parts '11 tor=IV of this "Act shall apply to lands vested in or under the control of Central Government or to any area falling within the limits of a Cantonment Board, Major Port Trust or other local authority, under the administrative control of the ?Central' Government. i"

Persons

deemed to

be public

servants.

' Protection of

persons tak-

ing action

under this

Act.

Powers and

duties of '

police in

respect of ,

offences and

assistance to

highway

authorities.

Power of

arrest without

warrant in

case of ofﬁces

involving _

encroachment

on or damage

to. ' highways.

Duties-of vil-

lage oﬂicials

to report to

highway au-

thority when-

ever 'they

become aware

of damages to

highway or to

the boundary

marks :of

highways,vetc.

Power-to uti-

lise highway

and for other

than road

purpOSe.

Land aquired

by direct ne-

gotiation to

be subsequ—

ently aquired

under Land

Acquisition

Act, 1894.

Saving as

regards land

under central

Government

control.

General pro- vision for punishment of offences under Parts .11 to IV. Disobedence of orders, obstruction and refusal of informa- tion.

Penalty for Contraven- tion of

restrictions relating to laying of means of

a_access of ereCting

many buil- dings etc. Penalty for unauthorised occupation of highway land.

Penalty 1'or causing

damage to highway,

Powet t0

compound

oifences. CHAPTER—XIII

OFFENCES, PENALTIES AND

PROCEDURE APPLICABLE

TO PART II TO IV

63. Whoever contravenes any provision of Parts 11 to IV o f

this Act or of any rule made un der this parts shall, if no other penalty is provided for the otfe nce, by punishable for ﬁne wh ich

may extend to Rs. 50, or if having been previously convic ted of

any offence under this Act, he is again convicted of an offence

under this Act, with ﬁne whi ch my extend to Rs. 200.

64. Whoever wilfully disobeys a ny direction lawfully given by any person or authority empow ered under this Act to give such

direction, or obstructs any functions that such person or authority is required or empowered under this Act to discharge, or, being requir ed

by or under this Act to supply a ny information which he knows to

be false or which he does not b elieve to be true shat], if no othe r

penalty is provided for the off ence be punishable with ﬁne wh ich

may extend to Rs. 260.

65, Whoever constructs or lays o ut any means of access or erects or re-erects any building or structure or does any other w ork in

contravention of Sections 13(1), 14 (1), 15(3) or 30(1), he shall be punishable.

(a) With ﬁne which may extend t o Rs. 50'), and

(b) with further ﬁne which m ay extend to Rs. 100 for each day after the ﬁrst, durin g which the offending means of access or structure or work is not removed,

demolished or cleared and the site not restored to its original condition.

66. Whoever occupies'or makes a ny encroachment on any highway land in contravention of Section 20 (1), or fails to comply with the notice served on him by Section 21(1) for no valid reason, he shal l

on conviction be liable to pay.

(a) aﬁne which may extend to Rs. 250 for the ﬁrst offence,

and

(b) with further ﬁne which may exte nd to a lump penalty

of Rs. 500 plus a daily levy not exceeding Rs. 50

for each day that the offence is continued in the

\event of a second conviction in relation to the same

encroachment.

67. Whoever in contravention to Section 4(1) wilfully causes or allows any vehicles or animal in his charge to cause any damag e

to any highway, he shall be pun iShabie with ﬁne which may ext end

Rs. 1,000.

68. The highway ;auth01'ity may, eith er before or after the insti- tution of the proceedings, compoun d and offence against Part II' to IV of this Act or any rule f ramed thereunder.

PART V

TRAFFIC PROVISIONS

CHAPTER—XIV

CONTROL OF TRAFFIC

69. In this .'part of this Act, unless there is anything repugnant in the subject or context the terms "public vehicles" and

"vehicle" shall not be construed to include a motor vehicle as deﬁned in the Motor Vehicles Act, 1939.

70. The State Government or any authority authorised in this behaif by the State Government, if after consulting the highway authority is satisﬁed that it is necessary in the interest of public safety or convenience, or became of the nature or any road or bridge, may by notiﬁcation in the ofﬁcialgazette prohibit or restrict, subject to such exceptions and conditions as may be speciﬁed in the notiﬁcation, the driving of vehicles or animals, either generally in a speciﬁed area or on a speciﬁed highway or part ofvhighway, and when such prohibition or restriction is impose, shall cause appropriate trafﬁc signs to be placed or erected under section 71 at suitable places :

Provided that where any prohibition or restriction under this Section is to remain in force only for a period of one month or less, notiﬁcation thereof in the otﬁctal gazette shalt not be necessary.

71. (l) The State Government or any authority authorised in this behalf by the State Government may cause or permit trafﬁc signs or be p!aced or erected in any public place forthe purpose of bringing to public notice any prohibitions or restrictions imposed under section 70, or genera iv for the purpose of regulating trafﬁc other than motor vehicle traﬁic.

(2) Trafﬁc signs erected under sub-section (1) for any purpose for which provision is made in the First Schedule shall have the meanings set forth in the First Schedule, butthe authority empowered in this behaii' by the State Government may make or authorise the addition to any sign set forth in the said Schedule of transcriptions of the words, letters or ﬁgures thereon in the ..... script provided that the transcriptions shall be of similar size and colour to the words, letters or ﬁgures set forth in the First Schedule.

(3) Except as provided by sub-section {1) no traﬂic sign shall, after the commencement of this Act, he plaCed or erected on or near any highway; but all trafﬁc signs erected prior to the cemmencement of this Act by any authority competent to do So shalt] for._the purpose of this Act be deemed to be traﬂic signs erected under the provisions of sub~section (1). '

Exclusion of

motor vehi-

cies from the

seope of part

Power to

restrict the

use of vehi-

cles.

Power to

erect trafﬁc

3 ign s.

Main roads. Duty to

obey traffic signs.

Signals and signaling devices.

Leaving vehi~ cle or animal in dangerous position. Towing of persons

siding cycle. Leaving

vehicle or animal

unattended.

(4) Any authority authorised in this behalf by the State Govern- ment may, by notiﬁcation in the ofﬁcial gazette, remove or cause to be removed any sign of adVertisement which is so placed in his

opinion as to obscure any traﬂic sign from view or any sign or advertisement which is in his opinion so similar in appearanc e to

atrafﬁc sign as to be misleading.

(5) No person shall wilfully remove, after deface, or in any way tamper with any name sign placed or erected under this section. (6). If any persoa accidently cause such damage to traiﬁc sign as renders it useless for the pUFPOSe for which it is placed an d

erected under this section, he shall report the circumstances of the occurrences to a police oiﬁcer or such authority as may be authorised in this behalf by State Government or at a police station as soon as possible, and in any case within twentyfour hours of the occurrence.

72. The State Government or any authority authorised in this behalf by the State Government may by notiﬁcation in the ofﬁcial gazette or by the erection at suitable places of the appropriate trafﬁc sign referred to in Part A of the First Schedule, designate certain roads as main roads for the purpose of the regulations contained in the Second Schedule.

73. (1) Every driver of a vehicle or animal shall drive it in conformity with any indication given by a mandatory trafﬁc sign in conformity with the driving regulations set forth in the Second Schedule and shall Comply with all directions given him by any police ofﬁcer for the time being engaged in the regulation of trafﬁc in any public place.

(2) In this section "mandatory trafﬁc sign" means atraﬂic sign included in Part A of the First Schedule or any traﬂic sign of similar form (that is to say consisting of or including a circular disc. displaying a device, word or ﬁgure and having a red ground or border) or any prescribed sign painted or marked on the road erected or displayed for the purpose of regulating trafﬁc other than motor vehicle trafﬁc under sub-section (1) of Section 71.

74 The driver of a vehicle shall on the occasion speciﬁed in the Third Schedule make the signals speciﬁed therein.

75. No person in charge of a vehicle or animal shall causes or allow the vehicle or animal to remain at rest on any highway in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or undue inconvenience to other users of the highway.

76. No driver of a vehicle shall tow a person riding a cycle and no person riding a cycle shall allow himself to be towed by any other vehicle.

77. No persOn in charge of a vehicle or animalshall allow such vehicle or animal to stand or proceed on a highway unless it is under adequate controi.

78. (l) The Driver of a vehicle or animalshall cause the vehicle Duty of 'or animal as the case may be to stop and to remain stationary so drive; to 30mg as may reasonably be necessary; 3'99 111 cc"

tam cases.

(a) when required to do so by any police oHiCer in uniform or by the authority authorised in this behalf by the State Government, or

(b) when the vehicle or animal is involved in the occurrence of an accident to aperson, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animal was or was not the cause of the accident or damage, and he shall give his name and address and the name and address of the owner of the vehicle or animal to any person affected by such accident or damage who demands it, provided such person also furnished his name and address.

(2) The driver of a vehicle or animal shall, on demand by a person giving his own name and address and alleging that the driver has committed an ofﬁence punishable under Section 86, give his name and address to that person.

79. The owner of avehiele or animal the driver of Which is Duty of h' accused of any oﬂence under this Act shall on demand by owner V? 1'. . . . . cle or animal any police ofﬁcer or other authority authorised in this behalf by the to givegnfor. State Government give all information i'egarding the name and address mation. cf the driver which is in his possession or could by reasonable diiigence be asemtained by him.

, 80. When any person is injured, or damage to property to Dgty 'of the amount of twenty-ﬁve rupees or more is caused as the result of gg'VZFC'PdcaSE an accident in which avehicle is involved, the driver of the vehicle Cl em. . . and in'ut to or other person in charge of the vehicle shall: person? y

(a) take all reasonable steps to secure medical attention for any person so injured and, if necessary, convey him to the nearest hospital, unless the injured person, or his guardian, in case he is a minor, desire otherwise.

(b) give on demand by a police ofﬁcer or by any authority authorised in this behalf by the State Government any information required by him or, if no police ofﬁcer or other authority is present, report the circumstances of occurrence as soon as possible, and in any case within twenty-four hours of the occurrence, at the nearest police station, or if he continues his journey after the accident, at the next police station on or near his route. , 8L (1) The State GOVernment may make rules for the purpose Power to of carrying into effect the provisions of this Chapter. make 1'01"

' for control of

(2) Without prejudice to the generality of the foregoing power, "aﬁc- such'rules may provided for—

,f..-j%(a) the removal and the safe custody of the vehicles including - ' their loads which have broken down or which have 'been left standing or have been abandoned on highways;

7 (b) (c)

(d)

(e)

(f)

(g)

.(h) (i)

(1') (k)

(1)

(m) (n)

(0)

(p) (q) (t)

(S)

(t)

the use oi' weighting devices; the determination, maintenance and management of parking. places for the use of vehicles and animals and the fees, if any, which may be charged for their~use; prohibiting the use of foot paths or pavements by vehicles; or animals ;

subject to speciﬁed conditions the segregation to any speciﬁed part of a highway of speciﬁed clauses and descriptions of vehicle or animal traﬂic;

prohibiting or restricting the use of audible signals at certain times or in certain places ;

regulating the leading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres- ﬁtted ;

a right of way for ambulances and ﬁre brigade vehicles; prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle;

the control of animals likely to frighten other animais oz pedestrians;

the control of children on highways;

prohibiting the riding by more than one person at the»- same time of cycles other than cycles designed for the purpose;

prohibiting the riding of more than two cycles abreast; limiting the age of drivers of vehicles;

the inspection of loads carried on vehicles and animals; the uses of nose—ropes for animals;

regulating the driving of vehicles and animals at night; regulating the use of highways by pedestrians; generally, the prevention of danger, injury or annoyance» to the public or any person, or of danger or injury to property or of obstruction to .traﬂic; .

any other matter which is to be or may be prescribed-

CHAPTER—XV

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

82. 'Every vehicle used on a highway shall be so constructed 6613;;ngand maintained as to prevent danger or inconvenience to persons pm using that vehicle and other road users.

regarding. construction and mamte —

83. (1) The State Government may make rules regulating the name.construction, equipment and maintenance of vehicles used on highways.

(2) Without prejudice to the generality of the foregoing power, Power to rules. may be made under this section governing any of the following make rules. matters either generally in respect of Vehicles or in respect of vehicles

(a)

(b)

(C)

(d)

(3)

(f) (g) the width, height and length of vehicles, the size, nature and condition of wheels and tyres, brakes,

lamps and reﬂectors,

Warning devices,

the inspection of vehicles by prescribed authorities, regulating the particulars exhibited on vehicles and the manner in which parliCulaI's shall be exhibited. CHAPTER—XVI

CONTROL OF PUBLIC VEHICLES

84. (l) The State Government may make rules for the regulation power toof the use of public vehicles. make rules; (2) Without prejudice to the generality of the foregoing pOWer, rules may be made under this section governing any of the followingmatters either generally or in respect of public vehicles of a particularss or description or in particular circumstances, namely:

(a)

ta):

" (c) ,the issue, renewal, modiﬁcatiOn or cancellation ot' permitsand the transferof permits from one person to another; the issue, renewal or canceﬂation of driving licences;

the issn'e of duplicate copies in place of permits. and driving licences mutilated, defaced, lost or destroyed;

(d) (e) (f) (g) (h) (i) (k)

(1)

(m) (n)

(0)

(p) (q)

the preferring oF appeals by persons aggrieved by the refusal of the authority competent to grant or renew a permit or adriving iicence. or to transfer apermit or by the cancellation or modiﬁcation of a permit or the cancellation of a driving licence, and the hearing and conduct of such appeals ;

the documents, plates and marks to be carried by public

vehicles, the manner in which they are to be carri ed

and the language in which such dOCuments are to be expressed ;

the badges and uniforms to be Worn by drivers ; the 'fees to be paid in respect of permits, dri ving licences,

duplicate copies of permits or driving licences, plates, badges,

and appeals preferred under this Chapter ;

the production of permits and driving licences heiore specxﬁed ofﬁcers for purposes of inspection; the conduct of persons licensed to act as driv ers of public

vehicles when acting as such and the conduct of pass engers

in such vehicles;

the limiting of the number of public vehicles or public

vehicles of any speciﬁed class or descri

ption for which

permits may be granted in any speciﬁe

d area, or on any

speciﬁed route or routes a

the ﬁxing of maximum or minimum f

ares or freights;

the minimum number of passengers

or the maximum

quantity of goods that may be carried

in a public vehicle;

the conditions subject to which passeng

ers' luggage or

goods may be carried on public vehicle;

the construction and ﬁttings of, and

the equipment to

be carried by, public vehicle, wheth

er generally or in

speciﬁed areas or on spec1ﬁed routes ;

the safe custody and disposal of

property left in public

vehicles ; V

the conveyance in public vehicles

of corpses or persons

suffering from infections or contagious

diseases or goods

likely to cause discomfort or injury

to passengers and

the inspection and disinfection of

such vehicles, if used

for such purposes;

the requirements which shall be compl

ied With in the cons-

truction or use of any stand or

halting place, including

the provisions of adequate equipmen

t and facilities for

the convenience of all users thereo

f, the fees, if, any,

which may be charged for the u

se of such facilities, the

records which shall be maintained a

t such stands or places,

the staff to be employed therea

t and the duties and

conduct of Such staﬁ', and gene

rally for maintaining Such

stands and place in a serviceabl

e and clean conditions ;

(General pro- vision for punishment of offence

"under part V. Driving

reckiessty or dangerously. Power of

arrest

witbout

warrant.

(r) requiring the personin charge ofa public vehicle to carryany person tendering the legal or customary fare ;

(s) the inspection of public vehicles_ including animals usedto drive them ;

(t) the records to be maintained and the returns to be furnishedby the owners of public vehicles ;

(u) the appointment, teth of appointment, jurisdiction, con-trol and functions ofauthorities for the purpose of admi-nistering the provision of this chapter;

(v) any other matter which is to be or may be prescribed. CHAPTER—XVII

OFFENCES, PENALTIES AND PROCEDURE APPLICABLE

TO PART V

85. Whoever contravenes and provision of Part V of this actor of any rule made thereunder shall, if no other penalty is providedfor the offence, be punishabie with ﬁne which may extend to tenrupees, or, if having been previously convicted of any offence under this Act he is again convicted of an offence under this part of theAct, with ﬁne which may extend to ﬁfty rupees.

86. Whoever drives a vehicle or animal on a highway at aSpeed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, conditionand use of the highway where the Vehicle or animal is driven and the amount of trafﬁc Which actually is at the time or which mightreasonably be expected to be in the highway, shall be punishable ona ﬁrst conviction for the offence with ﬁne which may extend to one hundred rupees and for a subsequent oﬁ'ence with ﬁne which mayextend to two hundred rupees.

87. (l) A police otﬁcer in uniform or other authority autho-rised in this behalf by the State Government may arrest without warrant—

(a) any person Who being required under the provisionsof Part V of this Act to give his name and addressrefuses to do so, or gives a name or address whichthe police ofﬁcer or other authority has reason tobelieve to be false, or

(b) any person concerned in an offence under Part Vof this Act or reasonably summed to have beenso concerned,if the police ofﬁcer or other autho-Irity has reason to believe that he will abscond or otherwise avoid the service of summons.

(2) A police oﬁicer or other authority arresting without

warrant the driver of a vehicle or a nimal shall, if the

circumstances so require, take or caus e to be taken

any steps he may consider proper for the temporary

disposal of the vehicle or animal.

88. (l) A court taking cognizance of an offence under this Act gfsmma'y

posal our may state upon the summons to be ser ved on the ac— cases.

cused person that he—

(a) may appear by pleader and not in person, or

(b) may be a speciﬁed date prior to the hearing of the

charge plead guilty to the charge by registered

letter and remitto the court such s um as the court

may specify.

(2) Where an accused person pleads gu ilty and remits

the sum speciﬁed no further proceedi ngs in respect

of the offence shall be taken against him.

89. (1) The Manipur Highways Ordi nance 1979 shall stand

repeated on the day this Act come s into force.

(2) Anything done and any step taken (including order, scheme, rule, form or notice) and any action taken under

the repeated Act shall in so far it is not inconsis-

tant with the privisions of this Act be tr eated as to have

been done 'and acted under the prov isions of this Act

and shall continue to be in force until superseded.

THE FIRST SCHEDULE

(See Sections 71,72 & 73)

TRAFFIC SIGNS

This will be reproduction of the Ninth Sc hedule to the Motor

Vehicles Act, 1939 except as follows

Bart A —— Mandatory signs. Sign No. I —— "Speed limit" and Sign No. 7 —— "use of sound signals proh ibited" to be

deleted.

Sign No. 2 —— "Weight limit" for the d eﬁnition plate mar-

king "axles over . . . . . . . tone" signs indicating particular classes of trafﬁc to be Substituted.

Baht C —— Informatory signs.

No. 3 — "end of speed limit". to be del eted.

[To- Not 4 —- "parking sign", signs indi cating particular

classes of trafﬁc to he added.

THE SECOND SCHEDULE

(See Sections 72 & 73)

DRIVING REGULATIONS

1. The driver of a vehicle or animal shall drive the vehicle or animal as the case may be, as close to the left hand side of the road as may be expedient and shall allow all trafﬁc whichis proceeding in the opposite direction to pass him on his right hand side.

2. Except as provided in regulation 3, the driver of a vehicle or animal when passing shall drive to the right of all trafﬁc proceeding in the same direction as himself.

3. The driver of a vehicle or animal When passing may drive to the left of a motor vehicle or a vehicle or- an animal the driver of Which having indicated an intention to turn to the right has drawn to the centre of the road;

Provided that in no case shall be pass a tram-car at a time or in a manner likely to cause danger or inconvenience to other users of the road.

4. The driver of a. vehicle or animal shall not pass a vehicle travelling in the same direction as himself :

(a). if his passing is likely to cause inconvenience or danger to other traﬂic proceeding in any direction, or

(b) Where a point or corner or a hill or an obstruction of any kind renders the road ahead not clearly Visible.

5. The driver of a vehicle -or animal shall not, When being overtaken or being passed by any class of traﬂic, do anything in any way to prevent the other trafﬁc from passing him. '

6. The driver of a vehicle or animal shall drive slowly when; approaching a road intersection, a Road Junction or a road corner and shall not drive into or cross any such intersection or junction until he has become aware that he may do so Without endangering the safety of. persons thereon.

7. The driver of a vehicle or animal shall on entering a road intersection, if the road entering is a main road. designated as? such, give way to trafﬁc proceeding along that road and in any ethetr case give way to all trafﬁc approaching the intersectlon on h1s nght hand.

8. The driver of a vehicle or ani mal shall:

(a) when turning to the left, drive as close as may be to the

left hand side of the road from which he is making the

turn and of the road which he is en tering.

(b) when turning to the right, draw as near as may be to the

centre of the road along which he is travelling and cause

the vehicle or animal to move in suc h a manner that'

(i) so far as may be practicable it passe s beyond, and so

as to leave on the driver's right hand a point formed

by the intersection of the centre lines of the intersec—

ting roads; and

(ii) it arrives as near as may be at the left hand side of

the road which the driver is entering.

THE THIRD SCHEDULE

(See Section 74)

SIGNALS

1. When about to turn to the right or t o drive to the right hand

side of the road in order to pass anot her vehicle or for any other purpose, the driver of a vehicle shall ext end his right arm, or a whip

if carried, in a horizontal position to his right outside the vehicle or

otherwise so as to be Visible from b ehind.

2. When the driver of a vehicle Wishes to indicate to the driver

of a motor vehicle or a vehicle behind him that he desired that driver

- to overtake him, he shall extend his right arm, or a whip if carried,

horizontally to his right outside the vehicle or otherwise so as to be

Visible from behind and shall swing the ar m or the whip as the case

may be backwards and forwards in a semi-cir cular motion,

Printed by the Director, Ptg. & Sty, Manipur/400—C /5-12-79.

Manipur act 015 of 1979 : The Manipur Highways Act, 1979

SECTIONS