Chapter III-A POWER TO ENTER INTO AGREEMENT AND PENALTY FOR MISCHIEF

(1) Notwithstanding anything contained in this Act or any other Act for the time being in force, the State Government may enter into an agreement with any person in relation to the construction, development and maintenance of the whole or any part of the Highway. (2) To facilitate or secure such construction, development and maintenance, the agreement may, subject to such terms and conditions as may be prescribed, provide for the transfer of any land belonging to or to be acquired by the State Government under this Act or any other Act, for the time being in force, to such person or persons by way of lease or otherwise during the period of such agreement. (3) Notwithstanding anything contained in section 48A the person referred to in sub-section (1) is entitled to collect and retain fee at such rate or rates, for service or benefits rendered by him as the State Government may by notification in the official Gazette, specify having regard to the expenditure involved in cost of acquisition of land and construction, development and maintenance of highway. (3A) Notwithstanding anything contained in section 48A, the Government may levy and collect, such rate of fee from the user of highways for service or benefits rendered by it, as may be notified by it in the official Gazette, different rates may be notified for different highways over different period of time, having regard to the expenditure involved in cost of acquisition of land and construction, development and maintenance of highway developed under public private partnership on annuity basis or by raising any loan or otherwise. (4) A person referred to in sub-section (1) or State Government shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) on the highway forming subject matter of such agreement, for proper management thereof.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any highway referred to in sub-section(1) and sub-section (3A) of section 19A impassable or less safe for travelling or conveying property shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.