section 3
Power to make rules
The Jammu and Kashmir Highways Act, 2007Infrastructure20073 sections
Statutory text
- (1) The Government may make rules for the regulation of traffic on Government roads or places.
- (2) In particular and without prejudice to the generality of the foregoing power the Government may make rules for all or any of the following matters, namely:––
- (a) prohibiting or restricting the use of vehicles of any particular class or description considered likely to cause obstruction on a Government road or place and where a berm or side-track is provided, confining such vehicles to the berm or side track ;
- (b) prohibiting or restricting the use of vehicles not provided with brakes of such character as may be required by rules ;
- (c) prohibiting or restricting the use of vehicles or animals which are of such a nature or in such a condition as to be likely to cause annoyance, inconvenience or danger to the public ;
- (d) prohibiting the leaving of vehicles or animals unattended or in the charge of persons incapable of controlling them ;
- (e) the speed at which vehicles or animals may be driven or ridden ; (f) the rule of the road ;
- (g) prohibiting the driving or riding of vehicles or animals on footways or other places where their use may be attended with danger to the public ;
- (h) prohibiting the halting of vehicles or animals at places other than the proper camps or refugees, if such halting is likely to cause obstruction to traffic ;
- (i) the carrying and use on vehicles or animals of a bell or other instrument for giving audible and sufficient warning of their approach or position ;
- (j) the stoppage of vehicles or animals when required by the police for the regulation of traffic or for other reasonable purpose ;
- (k) the maximum weight or the number of passengers to be carried on each description of vehicle plying for hire or animal ;
- (l) empowering specified officers to issue notices requiring owners or occupier of land—
- (i) to loop the branches of any trees growing on such land or overhanging a Government road so as to cause obstruction or danger ;
- (ii) to cut or trim any hedges or noxious vegetation growing on such land, which may be considered likely to intercept a view of approaching traffic on a Government road, or on any side-road or other approach thereto ; and
- (iii) to remove from a Government road any branches, trimmings and vegetation lopped or cut by such owners or occupiers ;
- (m) imposing on such owners or occupiers of land the duty to comply with such notices within a reasonable time and authorising such officers to loop, cut or trim such trees, hedges and vegetation in a case of default ;
- (n) regulating the driving or riding of animals after dusk and before day-break ;
- (o) the use of nose-ropes for animals ;
- (p) the minimum age-limit of drivers of vehicles ; and (q) generally the prevention of obstruction to traffic and of annoyance, danger or injury to the public.
- (3) A rule may be general for all Government roads or places, vehicles or animals or may be special for a particular Government road or place, vehicle or animal or class of vehicles or animals.
- (4) All rules shall be subject to the condition of previous publication.
- (5) In making any rule the Government may direct that a breach thereof shall be punishable with fine which may extend to twenty five rupees or in the case of a second or subsequent breach, to fifty rupees.
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