Definitions

In this Act, unless the context otherwise requires,— (a) “Appointed day” means the date on which this Act comes into force; (b) “Bridge” includes a culvert, causeway, subway, bridge, tunnel and other structure to which this Act applies or may be extended; (c) “Building line” means a line on either side of any State Highway or part of a State Highway as may be fixed by the Highway Authority; (d) “State Highway” means any road declared as a State Highway under Section 3 of this Act; (e) “Highway Authority” means the Highway Authority specified under Section 12 of this Act; (f) “Improvement” with respect to any State Highway includes all or any of the following matters, namely:— (i) the upgradation of a State Highway to a higher standard; (ii) the widening of a State Highway; (iii) the provision of amenities for the travellers; (iv) the construction of by-pass; (v) the construction of under-bridges and over-bridges; (vi) the surface improvements; (vii) the provision of traffic signals; (viii) any other work considered necessary for the development of State Highway; (g) “Land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (h) “Owner” in relation to any land or building includes any person for the time being receiving or entitled to receive the rent of any land or building whether on his own account or as agent or trustee for any person or society or as a Receiver or who would so receive the rent if the land or building were let to a tenant; (i) “Prescribed” means prescribed by rules made under this Act; (j) “Road” means a road or way whether a thoroughfare or not and any road carriage way, footway, pavement, bridge or drain and includes the verge and the land within the boundaries of the road, and all boundary stones, milestones, direction posts, drains and other appurtenances of such road; (k) “Traffic” includes all animals, pedestrians and vehicles of every description/type; (l) “Year” means the financial year; (m) “Control line” means a line on either side of a State Highway or part of a State Highway beyond the building line as may be fixed by the Highway Authority; (n) “Standard width” in relation to any State Highway means the width of the land required for the development of the State Highway as may be specified by the Highway Authority; (o) “Competent Authority” means any person or authority authorised by the State Government by notification in the Official Gazette to perform the functions of the Competent Authority under this Act. In this Act, unless there is anything repugnant in the subject or context:- (a) "animal" means any domestic or captive animal ; (b) "building" includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, door steps, walls (including compound walls and fences), advertisement boards and the like ; (c) "building line" means a line on either side of any highway or part of a highway fixed in respect of such highway or part thereof, by a notification issued under Sub-Section (1) of Section 12. (d) "Collector" means the Collector of a district and includes any officer specially appointed of the State Government to perform the functions of a Collector under this Act. (e) "Control line" means a line on either side of any highway or part of a highway beyond the building line fixed inrespect of such highway or part by a notification under sub-section(1) of section 12. (f) "Court" means a principal Civil Court of original jurisdiction, unless the State Government has appointed a special judicial officer within any specified local limits to perform the functions of Court under this Act : (g) "Competent authority" means the State Government or a local authority or any officer of the State Government or local authority as notified by the State Government as-such authority to sanction the construction or repair of a Highway ; (h) "to erect" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building. (j) "excavation" in relation to any piece of land does not include any workings which do not pierce the surface of that piece of land : but includes well and tanks; (k) "encroachment" means occupation of any highway or a part thereof and includes:- (i) the erection of a building or any other structure, balconies, porches, chhajjas or projections on or overhanging the highway land; (ii) occupation of highway beyond the prescribed period, if any, for stacking building materials or goods of any other description for exhibiting articles for sale or erecting poles, awnings, tents, pandals and other similar erection or for parking vehicles or stabling domestic animals or for any other purposes, and (iii) excavation of embankments of any kind made or extended on any highway land. (l) "highway" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3. The expression includes :- (i) any land acquired or demarcated with a view to construct a highway along it ; (ii) the slopes, berms, borrowpits, footpaths, pavements and side catch and boundary drains attached to such road or way ; (iii) all bridges, culverts, causeways, carriageways and other structures, built on or across such road or way ; and (iv) the trees, fences, posts, boundary, furlong and kilometre stones, and other highway accessories and material and material stacked on the road or way ; (m) "highway authority" means the authority appointed as such or to which the functions of such authority are entrusted under section 4 ; (n) "highway boundaries" means the boundaries of a highway fixed, in respect of such highway, by notification issued under sub-section (1) of section 12 ; (o) the expression "land", "person interested" and "person entitled to act" used in this Act shall have the same meaning as the said expression have in the land acquisition Act, 1894 (p) "occupier" includes :- (i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable ; (ii) an owner living in or otherwise using his premises ; (iii) a rent free tenant ; (iv) a licensee in occupation of any premises ; and (v) any person who is liable to pay to the owner damages for the use and occupation of any premises ; (q) "Owner" means :- (a) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes ; (i) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes ; (ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; (iii) a receiver, sequester or manager appointed by any Court of competent jurisdiction ; and (iv) a mortgagee-in-possession ; (b) when used with reference to an institution or body corporate, the manager of institution or body corporate ; (r) "prescribed" means prescribed by rules made under this Act. (s) "Public place" means a road, 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 down by a public vehicle; (t) "Public vehicle" means any vehicle used or adapted to be used for the carriage of passengers or goods for hire or reward. (u) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers and includes any street ; (v) "middle of highway" means the point halfway between the highway boundaries ; (w) "survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of boundary and includes resurvey ; (x) "survey mark" means any mark or object erected, made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points ; (y) "survey officer" means any person appointed to be a survey officer under this Act. In the Chhattisgarh Rajmarg Adhiniyam, 2003, for section 3, the following shall be substituted, namely :- (i) construct offices, guest house and other buildings necessary for discharge of its functions; (ii) establish and maintain wayside amenities in or near the highways vested in, or entrusted to it; (iii) lease, sub-lease or licence the wayside amenities or the land, to any other entites, required for construction and/or operation, on such terms and conditions as the State Government may approve; (iv) develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development and operation of highways or any facilities therein; (v) form one or more legal entities duly registered under relevant law to further the efficient discharge of the functions imposed on it by this Act; (vi) collect toll under section 11 on behalf of the State Government, upon such other fees on such terms and conditions as may be prescribed; (vii) perform functions of highways; (viii) safety of users; (ix) road safety standard and procedures; (x) generally for the efficient and proper operation of highways.