Penalties

(1) Any person who contravenes the provisions of this Act or rules made thereunder shall be liable for a penalty. (2) The Highway Authority may impose fines for any unauthorized obstruction or damage to the State Highway. (1) Notwithstanding anything contained in this Act, the State Government may enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a State Highway. (2) Notwithstanding anything contained in sub-section (1), any person with whom an agreement has been entered into under sub-section (1), may collect and retain fees at such rate, for such period and in such manner as may be notified by the State Government from any person who uses the State Highway or any part thereof for the purpose of the agreement, for– (a) the use of the State Highway or any part thereof; (b) the use of any other facility or service provided by such person; or (c) the right to enjoy the benefits of development and maintenance of the State Highway or any part thereof. (3) The State Government may, by notification, appoint any person as the enforcement officer for the purpose of ensuring the compliance of the provisions of the agreement in accordance with the rules notified for this purpose. (4) Notwithstanding anything contained in sub-section (2), the enforcement officer appointed under sub-section (3) shall have the power to penalize the user of the State Highway or any part thereof, who fails to pay or refuses to pay the fees prescribed under sub-section (2) in accordance with the agreement entered into under sub-section (1) or the rules made therein, by imposing such penalty as may be prescribed: Provided that, no penalty shall be imposed unless the person has been given a reasonable opportunity of being heard. (5) If any person fails to pay the fees or penalty imposed under this section, it shall be recovered as an arrear of land revenue. (1) In any area in which the provisions of this Act have been brought into force and-- (a) where any roadway or land has been declared to be a highway under this Act;or (b) where the construction or development of a highway is under taken; the State Government may, by notification in the official Gazette, fix in respects to such Highways the Highway boundaries, the building line and the control line; Provided that having regard to the situatiln as the require-men! of a Highway or the condition of the local area through which a highway passes, it shall be lawful for the state Government, - (i) to fix different building line or control line or (ii) not to fix building line or control line, - in respect of any Highway or portion thereof. (2) Not less than sixty days before issuing a notification under sub-section(1), the State Government shall cause to be published in the Official Gazatte, and in the prescribed manner in the village and at the head quarters of the tehsil and the district in which the highway is situated, a notification which shall state the following- (a) intention to issue to notification under subsecUon 1 (b) the details all the land situated between the Highway boundary & the building line and between the building line and the control line and the control line proposed to be fixed. (c) invitation of objection or suggetion in writing to highway authority appeared in person before such authority in respect such of notification within a period of one month of the publication of the notification in the official Gazette or within fifteen days from the date of the publication of the notification in the village, which ever period expires later. (3) The Highway Authority shall, after all such objections or suggestions have been considered or heard, as the case may be, and after such further enquiry, if any, as it may think necessary, forwarded to the state Government a copy of the record at the proceedings held by it together with a report setting forth its recommendations on the objections or suggestions. (4) If, before the expiration of the time allowed by Sub-Section-(2) for the filling or hearing of objections or suggestion, no objection or suggestion has been made, the State Government shall proceed to issue the notification under Sub-Section-(1). If any such objection or suggestion has been made, the State Government shall, consider the record and the report referred to in Sub-Section(3) and may either,- (a) abandon the proposal to issue a notification under Sub-Section (1), or (b) issue the notification under Sub-Section(1) with such modification, if any, as it may think fit, (5) In considering the objections or suggestion, the decision of the State Government on the question of issuing the notification under, sub-section (1) shall be final and conclusive.