The Manipur Highways Act, 1979

NGA, RE Jc

• • Jam Manipur 2 Gazette pred EXTRAORDINARY PUBLISHED BY AUTHORITY No. 2758) mphal, Wednesday, December 5, 197 (Agrahayam 14, 1901) ToT GOVERNMENT, OF MANIPUR SECRETARIAT : [AW DEPARTMENT Imphal, th: 5th December, 1979
• • No. 2/22/78-Les/I. ~The following Act of the Legislature, Manipur which received assent of the President on 15-11-79 js hereby published in the Manipur Gazette, CH. NIMAI SINGH, Under Secretary (Law) to. the Govt, of Fre Manijpar, . ’ HE MANIPUR HIGHWAYS ACT, 1979 (Manipur Act 15 of $979) I. . or ANC oc _ © ACT " 10 provide for the regulation of road- development and road transport. : PREAMBLE ‘Whereas it is expedient to provide generally for the regulation of road development and road transport so as 7 secure for the public such conditions a8 will ensure the maximum efficiency oral] mess of road. transport, and, in_particular, for ‘the prevention of ribbon development Alen? -hads, © "BE'it enacted by the Legislature ,of “Manipur in the Tien: “ii Year of puplic of India as follows ;— hy Sill oy RY et PART—I CHAPTER—I PRELIMINARY Short titie, 1. (1) This Act may be called the Manipur Highways Act, extent and 1979 commence- ment.

1. (2) It shall extend to the whole of the State of Manipur.
2. (3) It shall come into force on such date as the State Govern- ment may, by notification in the official Gazette, appoint. Definitions. 2. In this Ordinance, unless there is anything repugnant in the subject or context :
3. (1) “animal” means any elephant, camel, horse, ass, mule, cattle, sheeps or goat.
4. (2) “betterment when applied to land” means the increase in the value of any land arising from the execution in its vicinity of a highway development scheme at public expense,
5. (3) “betterment tax” means a tax levied on owners of land on the basis of a percentage of the betterment value of the land.
6. (4) “building line” means a line on either side of any highway or part of a highway as determined by the highway authority under Section 12 of this Act.
7. (3) “competent authority” means the State Government or a local authority or any officer of the State Government or local authority, competent to sanction
   • • the construction of, or repair to, a highway. : (6) “control 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 under Section 12 of this Act.
8. (7) “driver” means, in the case of a vehicle, the person. in 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 be construed accordingly.
9. (8) “encroachment” means occupation of any highway or part thereof, and includes ;
   • (a) the erection of a buildin, 8 or any other strueture, : balconies, porches, chajjas or projection, on, ever or overhanging the highway land. ®) 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 (¢) excavations or embankments of any sort made or extended on any highway land.
10. (9) “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 :
11. (2) the slope, berm, borrow-pits, foot-paths, pave- ments and ‘side drains of any such thoroughfare,
    • (b) all bridges, culverts, causeways, carriageways or other road structures, built on or across such thoroughfares, and
    • (c) the trees, fences posts, and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare.
12. (10) "highway authority” means:
    • (a) for highways maintained by the State Govern- ment, the Department of the Government responsible for their maintenance, or any other authority specially appointed by the State Government in this behalf,
    • (b) for highways maintained by a local authority, the local authority or such other authority as may be appeinted by the State Government in this behalf, and
    • (c) for highways not included in clauses (a) & (b), the autherity appointed as the highway authority under Secticn 3 or, if no such appointment has been made, the State Government itself.
13. (11) “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.
14. (12) “limited access highway” means a highway, access io which is permitted only at points specifically provided ! H or agreed to for the purpose by the highway authority.
15. (13) “middle of a highway” means in relation to any highway for the improvement of which plans have been prepared by the highway authority, the middle of the highway as proposed to be improved in accor- dance with the plans, and where no such plans have been prepared, the point halfway between the boundaries of the highway.
16. (14) "motor vehicle” means a motor vehicle as defined in the Motor Vehicles Act, 1939.
17. (15) “permit” means the document issued by an authority competent to issue it authorising the use of a vehicle as a public vehicle,
18. (16) “prescribed” means prescribed in this Act or under rules made under this Act.
19. (17) “public place” means a road, street, Way or other place, whether a thoroughfare Or not, to which the publie have a right of access, and includes any place or stand at which Passengers are picked up or set down by a public vehicle,
20. (18) “public vehicle” means any vehicle used or cons- tructed or adapted to be used for the carriage of bassengers or goods for hire or reward.
21. (19) “standard v7idth of highway” means the width of a highway between its boundaries as prescribed by the highway authority under Section 11.
22. (20) survey includes” al operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a resurvey.
23. (21) “survey mark” means any mark or object errected, made, employed or specified by a survey officer to Br] indicate or determine or assist in determing the B position or level of any point or points, .
24. (22) “survey officer” means any person appointed to be a survey officer under this Act.
25. (23) “vehicle” includes any wheeled conveyance drawn, propelled or driven by any kind of power including, human, animals, motor steam or electric power, and includes any barrow, sledge, plough, drag or like vehicle.

CHAPTER—II

1. (1) The State Government may, by notification in the official Appointment gazelle, appoint any person. either by name or by virtue of his of Highway oflice, to be the highway autherity for all highways” in the State or Authority, for all the highways in such part of the State or for such particular highway or highways in the State and subject to such conditions and limitations as may be specified in the notification.
2. (2) A highway authority so appointed shal! exercise and discharge throughout 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-section (I). 4. (I) The State Government may at any time by notification Transfer of in the oflicial gazette transfer contro) of any highway from itself comrof from or any of its departmeats functioning as the highway authority to one Highway another highway authority, or from one highway authority to another, Authority to in regard to’ such mattrers dealt with by this Act and on such conditions another. us muy be specified in the notification,
3. (2) When a highway authority Fas been changed in the manner prescribed under Sub-section (1), 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 control has been transferred, all the powers and functions of the previous highway autherity subject to the conditicns if any, specified in that notification. CHAPTER~—III DEVELOPMENT AND MAINTENANCE OF HIGHWAYS ’ S. (1) The highway auttority, cr any officer not below the B P yank of & P.W.D: or local Board “Supervisor authorised by the ents fonds highway authority io~ this behalf, may undertake a TECONNAISSANCe for reconnais- survey in connection with the preparation of a highway scheme and may LS and i s reliminary for this purpose ; - vey iy (@) enter upon any land along with his workmen and survey Shfnection acd take measurements and levels on it, ean
   • (b) mark such levels, dig or bore into the sub-soil and do all other acts necessary to ascertain whether the land is li suitable, (©) set out the bouadaries of the proposed highway by placing marks and cutting trenches, and
   • (d) where otherwise survey can not be completed and the levels taken and the boundaries marked, cut down and ‘clear any part of a standing crop, fence or jungle : Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least 43 hours’ notice in writing of his intentionto do so.
4. (2) The highway authority or the authorised official shall at the time of such entry, piy or tender payment for all’ necessary damage to be done as aforesaid, aod in case of dispute as to the sufficiency of the amount so paid or tendered, shall at ooce refer the dispute to the decision of the collector or other Chief Revenue Officer of the district, and such decision shall be final, Preparation 6. (1) The highway authority may, of its own accord, or if o schemes expressly requested by the competent authority shall, subject to the fox bighway other provisions of ‘this Act and subject to such rules as may be ment. framed by the State Government for this purpose, prepare and submit to
   • • the competent authority for sanction, a detailed scheme for the cons- truction of a mew highway or the improvement of or repairs to an existing one.
5. (2) Such 3 scheme may provide for : -
   • (a) the acquisition of any land which in the opinion of the highway authority is considered necessary for its execution,
   • (b) the laying out or relaying out of all or any of the lands so acquired. (¢) The diversion or closure of any existing highway or a section of such highway,
   • (d) the construction or reconstruction of the roadway including its widening, levelling, surfacing, bridging, sewering, draining, water supply and street lighting arrangements and planting of road side trees, _ (¢) the laying of foot-paths, cycle tracks and special traffic lanes for any kind or class of vehicles, the designing and siting of parking bays and - petrol filling and Sekt station, the location of advertisement posts and bill boards, and
   • (f) the layout of access roads at suitable distances connecting the highway or the proposed highway with the adjoining properties.

in the oflicial gazette transfer contro) of any highway from itself comrof from or any of its departmeats functioning as the highway authority to one Highway another highway authority, or from one highway authority to another, Authority to in regard to’ such mattrers dealt with by this Act and on such conditions another. us muy be specified in the notification,

1. (2) When a highway authority Fas been changed in the manner prescribed under Sub-section (1), 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 control has been transferred, all the powers and functions of the previous highway autherity subject to the conditicns if any, specified in that notification. CHAPTER~—III DEVELOPMENT AND MAINTENANCE OF HIGHWAYS ’ S. (1) The highway auttority, cr any officer not below the B P yank of & P.W.D: or local Board “Supervisor authorised by the ents fonds highway authority io~ this behalf, may undertake a TECONNAISSANCe for reconnais- survey in connection with the preparation of a highway scheme and may LS and i s reliminary for this purpose ; - vey iy (@) enter upon any land along with his workmen and survey Shfnection acd take measurements and levels on it, ean
   • (b) mark such levels, dig or bore into the sub-soil and do all other acts necessary to ascertain whether the land is li suitable, 6 (©) set out the bouadaries of the proposed highway by placing marks and cutting trenches, and
   • (d) where otherwise survey can not be completed and the levels taken and the boundaries marked, cut down and ‘clear any part of a standing crop, fence or jungle : Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least 43 hours’ notice in writing of his intentionto do so.
2. (2) The highway authority or the authorised official shall at the time of such entry, piy or tender payment for all’ necessary damage to be done as aforesaid, aod in case of dispute as to the sufficiency of the amount so paid or tendered, shall at ooce refer the dispute to the decision of the collector or other Chief Revenue Officer of the district, and such decision shall be final, Preparation 6. (1) The highway authority may, of its own accord, or if o schemes expressly requested by the competent authority shall, subject to the fox bighway other provisions of ‘this Act and subject to such rules as may be ment. framed by the State Government for this purpose, prepare and submit to
   • • the competent authority for sanction, a detailed scheme for the cons- truction of a mew highway or the improvement of or repairs to an existing one.
3. (2) Such 3 scheme may provide for : -
   • (a) the acquisition of any land which in the opinion of the highway authority is considered necessary for its execution,
   • (b) the laying out or relaying out of all or any of the lands so acquired. (¢) The diversion or closure of any existing highway or a section of such highway,
   • (d) the construction or reconstruction of the roadway including its widening, levelling, surfacing, bridging, sewering, draining, water supply and street lighting arrangements and planting of road side trees, _ (¢) the laying of foot-paths, cycle tracks and special traffic lanes for any kind or class of vehicles, the designing and siting of parking bays and - petrol filling and Sekt station, the location of advertisement posts and bill boards, and
   • (f) the layout of access roads at suitable distances connecting the highway or the proposed highway with the adjoining properties. 7

scheme prepared in pursuance of Section 6 and provided the necessary a dos” finances for its execution, the highway authority shall proceed to carry olay out the work and may, for this purpose :— schemes.

1. (1) enter into and perform all such contracts on behalf of the competent authority as may be considered necessary,
2. (2) make arrangements for the acquisition of the lands required under the 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. (3) turn, divert or close either temporarily or permanently any existing highway or portion thereof, and
4. (4) regulate, subject to such rules as may be prescribed in this behalf, the kind, number and speed Of vehicles using any highway or portion thereof by means of barrier, diversion roads or other means. R. (1) A highway authority shall maintain authoritative plans Maintenance for the highways in its charge. of highway Plans’
5. (2) Such plans shall show clearly the boundaries of the highways, the detailed measurements of road widths, the distances between bouadary 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, .
6. (3) The highway authority shall have all such authoritative plang prepared after having a survey made of the highway lands and their boundaries in the manver prescribed in Chapter X and in accordance with the record of that survey as notified under section 51 and modified, as may be under section 52. 9. (1) The highway authority shall have the boundaries of the Demarcation highways in its charge demarcated with reference to the authoritative of road plans maintained by it, by planting stones or other suitable marks of boundaries. 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.
7. (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. x
8. (3) The boundary stonss or marks, which may be given consecutive numbers, shall bs maintained on the ground as if they constitute - part of the highway.
9. (4) Where standard widths have been prescribed for any highway usder section 11, the distance between the highway boundaries so demarcated shall correspond to that width. Adtoal 10. (1) Tt shall be the duty of the highway authority to conduct road boun- 20 annual check of the boundaries of the highway in its charge dares. with a view to the location of unauthorised encroachments, if any,
10. (2) When the highway authority is satisfied that an unauthorised encroachment has been made on 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 Standard 11. (1) the highway authority may, with the previousapproval widths of of the State Government, prescribe a standard width for any highway bighways. in jts charge. © (2) The standard width may be different in different portions of the same highway accordisg to local needs.
11. (3) When ahighway authority proposes to prescribe a standard width in respect of any highway or a portion thereof, it shail notify the proposai in the official gazette and invite objections, if any, to be submitted to it within sixty days of the date of publication of the notification.
12. (4) The notification shall also be published io at Jeast two newspapers, 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.
13. (5) All objections received within the prescribed period shall be taken into account by the bighway authority before finalising its proposal for submisson to the State Government.
14. (6) The State Government may reject or sanction the proposal with or without modifications, and shall publish their orders in the official gazette.
15. (7) When the State Government's orders sanctioning the proposal with or without modification has been issued, the highway authority shall cause further publicity to be given to the standard width, as finally approved, inthe same manner as prescribed, in sub-section (4), and the records so published shall thereupon be conclusive prouf that the standard width so determined and recorded therein has been correctly determined and recorded. I by E
16. (8) In determining the standard wid:h, 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, likely to use the \ highway.
17. (9) The standard width so determined may at any time be altered but the procedure for such alteration shall be the same as prescribed for the determinaticn of the original standard width,
18. (10) The highway authority shall, as early as economicaliy practicable after the prescription of the standard width, acquire either by direct negotiation or, failing such pegctiaticn, by compulsory acquisition under the Land Acquisition Act, 18¢4, all land lying within the standard width not already forming part of the highway land. 12. (1) The highway authority may, with the previous approval Prescription of the State Government, detern.ne a building line and a control of building line in respect of any highway or part of a highway in its charge lines. along one or both sides of the highway.
19. (2) The distance between the middle of a highway and the building Jine or that between the building line and the contro] line, which shall be fixed with due regard to the requirements of safety and convenience for traffic and of public health welfare, may vary in different portions of the highway according to local conditions.
20. (3) When a highway avthority proposes to determine a building and a control line in respect cf a highway, the same procedure shall as far as applicable ie foi'owed as prescribed under sub-section
21. (3) to (7) of section 11 fcr the prescription of standard width,
22. (4) The building and control lines as finally determined shall be demajcated on the ground by distinctive stones or other suitable marks which may be painted with different colours and serially numbered. . 13. (1) Notwithstanding anything contained in any other law for Restriction the time being in force, it shall be unlawful for any person, except of building the highway authority or any person working on behalf of the highway Dewees thy authority. highway and: the building:
    • (a) to construct orlay out any means of access 10 or from line. a highway,
    • (b) to erect or re-erect any building or materially alter fhe outside appearance of any existing building.
    • (c) to make any excavation, or
    • (d) to construct, form or lay outany works, upon land lying nearer to the middle of a highway than a distance equal to. one-half of its. standard width prescribed under section E H,-or upon land lying in ‘between the boundary of a high- way and the building iine determined. in - respect of: the highway under section 12. Provided, however, these restrictions shall not apply to any works unecessary 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. Shou'd any building (including a wall) or any part thereof lie within the area between the building line and the middle of a highway, the highway authority may, whenever such building or h part has been either entirely or in greater part taken down or burnt down or bas fallea down, by notice require such buildiag or part when rebuilt to be set back to the building line. Restriction 14. (1) Notwithstanding anything contained in any law for the oa buildiog time being in force, no person shall erect or re-erect any building = Detueen or structure or make or extend any excavation or construct, form or and the con lay out any means of access to a highway upon land lying in between trol lines, the building and control lines determined in respect of the highway, except with the previous permission of the highway authority in writing.
23. (2) Every person des‘ring to obtain the permission referred to in sub-section (I) 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 accass to which the application relates, and together with such fees as may be prescribed.
24. (3) On receipt of such application, the highway authority after making such enquiriss 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 specificd in order, or
    • (b) refuse to grant such permission.
25. (4) The highway authority shall not ordinarily refuse permission to:
    • (a) the erection of a building or structure or the making of or ‘extendiog 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.
26. (5) When the highway authority refuses the permission, the reasons therefore shall be recorded and communicated to the applicant.
27. (6) In the event of refusal, the applicant may submit fresh application for permission to the highway authority, avoidiag the objectionable features on account of which the first application was refused and such a fresb application shall be considered by the highway authority as if it were made for the first time.
28. (7) If at the expiration of a period of three months after an -application has under Sub-section (I) or Sub-section (6) been made to the highway authority, no order in writing has been passed 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 costruction, formulation or laying out of any means of access.
29. (8) The highway authority shall maintain a register with sufficient particulars of all permissions givea or refused by it under this section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom.
30. (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 the State Government whose order in th: matter shall be final, 15. (I) The highway authority may with, the written approval Declaration of the State Government, declare a highway or any portion ofit fo of limited be a limited access highway. fd high
31. (2) When a highway authority proposes to make any such de- -claration, th: same procedure shall, as far as applicable, be followed as prescribed under Sub-secticns (3) to (7) of Section 11 for the prescription of standard widths.
32. (3) It shall be ualawful for any person to lay out a new means cof access to a limited access highway for vehicles or pedestrians, except with the specific permission of the highway authority.
33. (4) The procedure for obtaining the permission of the highway aathority for this purpose shall be the same as prescribed in Section 14 and in the event of refusal of pzrmission 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.
34. (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 as may be specially allowed by the State Government in any individual - case, prepare a plan of such highway or part showing the points 0a which access shall, if applied for in accordance with sub-section {4), be permitted. n
35. (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 Regulation in the interests of safety of convenience of traffic, regulate or divert of division any existing right .of accessto a highway across land lying between of xl a the control line and the highway boundary. . access.
36. (2) Where an existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreascnably distaot from the existing point of access.
37. (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 shall as far as possible have a diagonal approach to the highway. ' Compen- 17. (1) Notwithstanding anything contained in any law for the: 3 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 beer. caused as aresult of :
    • (a) the restrictions imposed against the erection or re-erectiom: of a building or the making or extending of any excavatiom or the laying out of any means of access on or across lard lying in between the control line and the middle of a highway under Sub-section (1) of Section 13 or sub-sectiom
38. (1) of Section 14;
    • (b) the regulation or diversion under Section 16 of the existing’ rights of access across lands lying within the control line and the highway boundary, and
    • (c) the refusal of permission to the laying out of new means of access to a limited access bighway under sub-section
39. (3) of Section 15. Provided that compensation shall be payable by the highway authority;
40. (1) where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building lice of apy highway, and
    • (ii) where permission to erect or re-erect a building im: the area lying in between the control line and building line of ahighway has been finally refused under Section 14.
41. (2) Wheie compensation js payable uncer the proviso to sub- section (1), the claimant way, within three mcnths of the date of notice issued by the highway authority under sub-section (2) of Section 13 or within three months of the date of final refusal of permission under Section 14, as the case may be, make to the State Government his claim for compensation. )
42. (3) On receipt of the claim under sub-section (2), the State Government shall transfer it for dispose] to an officer exercising the powers of a Collector under the Land Acquisition Act, 1894.
43. (4) Nothing in this section shall be deemed to preclude the scttlement of a claim by mufual agreement, 18. (1) When a claim is transferred for disposal under sub-section Amount of 3 of section 17 to an officer exercising the powers of a Collector Foy vend oder the land Acquisition Act, 1894, such officer shall make ag determined. award determining the amount of compensation payable to the claimant, :
44. (2) The amount of compensation awarded under sub-section (1) shall in no case exceed the difference between the market value of the land when permission is refused and the market value which it would have had if permission had been granted.
45. (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, which at the date of application under sub-section (2) of section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and that there was demand for - such development, or
    • (i) if and in so far as the land is subject so substantially similar restrictions in force under some other enactment which were so in force at the date when the restriction were 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.
46. (4) The provisions of Part II, IV, V and VI of the Land Acquisition Act, 1894 shall, so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act. CHAPTER—V PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND REMOVAL OF ENCROACHMENTS =r 19. All lands forming part of a highway which do not already deemed vest in the State Goverament shall, for the purpose of this Chapter, government be deemed to be Government property. Hi 2. (1) N hall bh high ie - (1) No person shall occupy or encroach on any highway of umthe. land without obtaining the mmvion permission in writing of the highway rised occupa- authority or any officer authorised by the highway authority in this tion of behalf. highway . . land. (2) The highway authority or the authorised officer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules, permit any person ;
    • (i) to place a movable encroachment on any highway in front of any building owned by him oi mae a movable structure over-hanging the highway.
    • (ii) to put up a temporary awning or tent, pandal or other similar erections or a temporary stail or scaffolding on amy highway, or
    • (iii) to deposit or cause to be deposited building materials, goods for sale cr other artizles on any highway, or
    • (iv) to make a temporary excavation, for carrying out any -Tepairs or improvement to adjoining buildings. Provided that vo such permission shall be deemed to be valid beyond a period of one year unless expressly renewed by the highway authority or the authorised officer. A
47. (3) The permission so granted shail clearly specify the date upto, whica the person is authorised to occupy the highway land, the: purposes for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if Decessary.
48. (4) The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by any highway official and shall at the end of the period prescribed in the permit release the land occupied by him after resorting it to the same state as before occupation by him.
49. (5) The highway authority or the officer issuing the permission shall maintain a complete record of ail such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period up to which occupation has been authorised to ensure that the land has actually been vacated. 21. (1) When, as a result of the annval check of highway Removal of boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf shall serve a notice 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.
50. (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.
51. (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-compliance, 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.
52. (4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary hooths 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 lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. .
53. (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs the encroachment summarily removed with the assistance of the police, if necessary.
54. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic 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 authorised official may, in addition to prosecution of the person under sub-section (3), either —
    • (i) have such protective work as may be feasible at a rea- sonatle 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. B “ H
55. (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, a fresh notice for its removal shall be served on him by the highway authority or the officer 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 a second 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. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. 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.
56. (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. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
57. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill.
58. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect 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.
59. (4) The materials, if any, recovered as aresult of the removal 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 bis 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. '
60. (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 bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI

highways in its charge demarcated with reference to the authoritative of road plans maintained by it, by planting stones or other suitable marks of boundaries. 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.

1. (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. x
2. (3) The boundary stonss or marks, which may be given consecutive numbers, shall bs maintained on the ground as if they constitute - part of the highway.
3. (4) Where standard widths have been prescribed for any highway usder section 11, the distance between the highway boundaries so demarcated shall correspond to that width. 8 Adtoal 10. (1) Tt shall be the duty of the highway authority to conduct road boun- 20 annual check of the boundaries of the highway in its charge dares. with a view to the location of unauthorised encroachments, if any,
4. (2) When the highway authority is satisfied that an unauthorised encroachment has been made on 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 Standard 11. (1) the highway authority may, with the previousapproval widths of of the State Government, prescribe a standard width for any highway bighways. in jts charge. © (2) The standard width may be different in different portions of the same highway accordisg to local needs.
5. (3) When ahighway authority proposes to prescribe a standard width in respect of any highway or a portion thereof, it shail notify the proposai in the official gazette and invite objections, if any, to be submitted to it within sixty days of the date of publication of the notification.
6. (4) The notification shall also be published io at Jeast two newspapers, 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.
7. (5) All objections received within the prescribed period shall be taken into account by the bighway authority before finalising its proposal for submisson to the State Government.
8. (6) The State Government may reject or sanction the proposal with or without modifications, and shall publish their orders in the official gazette.
9. (7) When the State Government's orders sanctioning the proposal with or without modification has been issued, the highway authority shall cause further publicity to be given to the standard width, as finally approved, inthe same manner as prescribed, in sub-section (4), and the records so published shall thereupon be conclusive prouf that the standard width so determined and recorded therein has been correctly determined and recorded. I by E 9
10. (8) In determining the standard wid:h, 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, likely to use the \ highway.
11. (9) The standard width so determined may at any time be altered but the procedure for such alteration shall be the same as prescribed for the determinaticn of the original standard width,
12. (10) The highway authority shall, as early as economicaliy practicable after the prescription of the standard width, acquire either by direct negotiation or, failing such pegctiaticn, by compulsory acquisition under the Land Acquisition Act, 18¢4, all land lying within the standard width not already forming part of the highway land.

of the State Government, detern.ne a building line and a control of building line in respect of any highway or part of a highway in its charge lines. along one or both sides of the highway.

1. (2) The distance between the middle of a highway and the building Jine or that between the building line and the contro] line, which shall be fixed with due regard to the requirements of safety and convenience for traffic and of public health welfare, may vary in different portions of the highway according to local conditions.
2. (3) When a highway avthority proposes to determine a building and a control line in respect cf a highway, the same procedure shall as far as applicable ie foi'owed as prescribed under sub-section
3. (3) to (7) of section 11 fcr the prescription of standard width,
4. (4) The building and control lines as finally determined shall be demajcated on the ground by distinctive stones or other suitable marks which may be painted with different colours and serially numbered. .

the time being in force, it shall be unlawful for any person, except of building the highway authority or any person working on behalf of the highway Dewees thy authority. highway and:

the building:

1. (a) to construct orlay out any means of access 10 or from line. a highway,
2. (b) to erect or re-erect any building or materially alter fhe outside appearance of any existing building.
3. (c) to make any excavation, or
4. (d) to construct, form or lay outany works, upon land lying nearer to the middle of a highway than a distance equal to. one-half of its. standard width prescribed under section E H,-or upon land lying in ‘between the boundary of a high- way and the building iine determined. in - respect of: the 10 highway under section 12. Provided, however, these restrictions shall not apply to any works unecessary 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.

of the State Government, declare a highway or any portion ofit fo of limited be a limited access highway. fd high

1. (2) When a highway authority proposes to make any such de- -claration, th: same procedure shall, as far as applicable, be followed as prescribed under Sub-secticns (3) to (7) of Section 11 for the prescription of standard widths.
2. (3) It shall be ualawful for any person to lay out a new means cof access to a limited access highway for vehicles or pedestrians, except with the specific permission of the highway authority.
3. (4) The procedure for obtaining the permission of the highway aathority for this purpose shall be the same as prescribed in Section 14 and in the event of refusal of pzrmission 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.
4. (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 as may be specially allowed by the State Government in any individual - case, prepare a plan of such highway or part showing the points 0a which access shall, if applied for in accordance with sub-section {4), be permitted. n
5. (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.

in the interests of safety of convenience of traffic, regulate or divert of division any existing right .of accessto a highway across land lying between of xl a the control line and the highway boundary. . access.

12

1. (2) Where an existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreascnably distaot from the existing point of access.
2. (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 shall as far as possible have a diagonal approach to the highway. ' Compen- 17. (1) Notwithstanding anything contained in any law for the: 3 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 beer. caused as aresult of :
   • (a) the restrictions imposed against the erection or re-erectiom: of a building or the making or extending of any excavatiom or the laying out of any means of access on or across lard lying in between the control line and the middle of a highway under Sub-section (1) of Section 13 or sub-sectiom
3. (1) of Section 14;
   • (b) the regulation or diversion under Section 16 of the existing’ rights of access across lands lying within the control line and the highway boundary, and
   • (c) the refusal of permission to the laying out of new means of access to a limited access bighway under sub-section
4. (3) of Section 15. Provided that compensation shall be payable by the highway authority;
5. (1) where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building lice of apy highway, and
   • (ii) where permission to erect or re-erect a building im: the area lying in between the control line and building line of ahighway has been finally refused under Section 14.
6. (2) Wheie compensation js payable uncer the proviso to sub- section (1), the claimant way, within three mcnths of the date of notice issued by the highway authority under sub-section (2) of Section 13 or within three months of the date of final refusal of permission under Section 14, as the case may be, make to the State Government his claim for compensation. )
7. (3) On receipt of the claim under sub-section (2), the State Government shall transfer it for dispose] to an officer exercising the powers of a Collector under the Land Acquisition Act, 1894.
8. (4) Nothing in this section shall be deemed to preclude the scttlement of a claim by mufual agreement, 13

3 of section 17 to an officer exercising the powers of a Collector Foy vend oder the land Acquisition Act, 1894, such officer shall make ag determined. award determining the amount of compensation payable to the claimant, :

1. (2) The amount of compensation awarded under sub-section (1) shall in no case exceed the difference between the market value of the land when permission is refused and the market value which it would have had if permission had been granted.
2. (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, which at the date of application under sub-section (2) of section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and that there was demand for - such development, or
   • (i) if and in so far as the land is subject so substantially similar restrictions in force under some other enactment which were so in force at the date when the restriction were 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.
3. (4) The provisions of Part II, IV, V and VI of the Land Acquisition Act, 1894 shall, so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act. CHAPTER—V PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND REMOVAL OF ENCROACHMENTS =r 19. All lands forming part of a highway which do not already deemed vest in the State Goverament shall, for the purpose of this Chapter, government be deemed to be Government property. Hi 2. (1) N hall bh high ie - (1) No person shall occupy or encroach on any highway of umthe. land without obtaining the mmvion permission in writing of the highway rised occupa- authority or any officer authorised by the highway authority in this tion of behalf. highway . . land. (2) The highway authority or the authorised officer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules, permit any person ;
   • (i) to place a movable encroachment on any highway in front of any building owned by him oi mae a movable structure over-hanging the highway.
   • (ii) to put up a temporary awning or tent, pandal or other similar erections or a temporary stail or scaffolding on amy highway, or
   • (iii) to deposit or cause to be deposited building materials, goods for sale cr other artizles on any highway, or
   • (iv) to make a temporary excavation, for carrying out any -Tepairs or improvement to adjoining buildings. Provided that vo such permission shall be deemed to be valid beyond a period of one year unless expressly renewed by the highway authority or the authorised officer. A
4. (3) The permission so granted shail clearly specify the date upto, whica the person is authorised to occupy the highway land, the: purposes for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if Decessary.
5. (4) The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by any highway official and shall at the end of the period prescribed in the permit release the land occupied by him after resorting it to the same state as before occupation by him.
6. (5) The highway authority or the officer issuing the permission shall maintain a complete record of ail such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period up to which occupation has been authorised to ensure that the land has actually been vacated. 15

1. (1) When, as a result of the annval check of highway Removal of boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf shall serve a notice 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-compliance, 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 hooths 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 lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. . (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs 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 traffic 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 authorised official may, in addition to prosecution of the person under sub-section (3), either — (i) have such protective work as may be feasible at a rea- sonatle 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. B “ H 16 (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, a fresh notice for its removal shall be served on him by the highway authority or the officer 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 a second 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. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. 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. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect 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 removal 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 bis 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. ' 17 (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 bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS

boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf shall serve a notice 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.

1. (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.
2. (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-compliance, 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.
3. (4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary hooths 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 lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. .
4. (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs the encroachment summarily removed with the assistance of the police, if necessary.
5. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic 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 authorised official may, in addition to prosecution of the person under sub-section (3), either —
   • (i) have such protective work as may be feasible at a rea- sonatle 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. B “ H 16
6. (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, a fresh notice for its removal shall be served on him by the highway authority or the officer 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 a second 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. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. 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.
7. (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. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
8. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill.
9. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect 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.
10. (4) The materials, if any, recovered as aresult of the removal 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 bis 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. ' 17
11. (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 bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS

1. (1) The State Government may, whenever it deems it tg be State G necessary in the public interest, by notification in the official gazette Shain Sone. direct a highway authority to take over for road construction and/or highway maintenance any land constituting a village road or track on which authority to the public have, or have established by long usage, a permanent right me over of way, irrespective of whether such village road or track has been lags tracks shown in the Settlement Records as a public way or nof, and whether ment and the ownership of such land vests in the Government or any landlord maintenance. or a proprietary body.
2. (2) Such potfication shall be given proper publicity in the locality of the village road or track,
3. (3) All such lands taken over by the highway authority as a result of the notification issued uncer section (1), as are not already deemed to be crown property, shall te so deemed for purposes cf Chapter V, apd the provision of that chapter shall apply fully to such lands. 25. (1) Where there is any obligation by law or by custom or Highway otherwise, on any landlord or proprietary body to maintain a village authority to: road or track on which the public bave or have acquired a permanent require the right of way, and such road or track is not in the opinion of Doptictor any highway authority properly maintained, that authority may ISSUE road land to a notice to the landlord or the proprietor to repair the road or track repair the within such a reasonable time and in such manner as may be specified road properly in the notice. where he is © - under obliga- 2) If at the end of the specified period the repairs have not tion to do so. been carried out in the manner specified, and the landlord or the proprietor has not furnished any satisfactory explanation for non-com- pliance, the highway authority may move the State Government to transfer control of the road or track to it or to any other highway authority under sub-section (1) of Section 24. i H (3) The State Goverpment, while directing the transfer of control li of such village road or treck to any highway authority, may determine ; whether any, and if so what, portion of the cost of repair which H the highway authority may incur shall be recovered from the landlord H or the proprietor in discharge of his obligation to maintain the road or track. fhghwey © 26. (1) Where the control of a village road or track has been equre taken over by a highway authority as a result of a notification issued onary under sub-section (1) of Section 24 and the ownership of the land right of constituting the road or track vests in a landlord or proprietary body, thre the highway authority shall acquire by direct negotiation or, failing In villages. negotiation, by resort to the Land Acquisition Act, 1894, the reversionary rights, if any, of the landlord or proprietary body to the land by paying suitable compensation. To determining the compensation payable under sub-section (1), regard shall be had to the fact that the reversionary Tight is very remote.
4. (3) The amount, if aoY, payable by the proprietor under sub- section (3) of Section 25 may be set off against the compensation payable to him under sub-section (1).

otherwise, on any landlord or proprietary body to maintain a village authority to: road or track on which the public bave or have acquired a permanent require the right of way, and such road or track is not in the opinion of Doptictor any highway authority properly maintained, that authority may ISSUE road land to a notice to the landlord or the proprietor to repair the road or track repair the within such a reasonable time and in such manner as may be specified road properly in the notice. where he is

© - under obliga-

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

i

H (3) The State Goverpment, while directing the transfer of control

li of such village road or treck to any highway authority, may determine

; whether any, and if so what, portion of the cost of repair which

H the highway authority may incur shall be recovered from the landlord

H or the proprietor in discharge of his obligation to maintain the road or track.

18 fhghwey © 26. (1) Where the control of a village road or track has been equre taken over by a highway authority as a result of a notification issued onary under sub-section (1) of Section 24 and the ownership of the land right of constituting the road or track vests in a landlord or proprietary body, thre the highway authority shall acquire by direct negotiation or, failing In villages. negotiation, by resort to the Land Acquisition Act, 1894, the reversionary rights, if any, of the landlord or proprietary body to the land by paying suitable compensation. To determining the compensation payable under sub-section (1), regard shall be had to the fact that the reversionary Tight is very remote.

1. (3) The amount, if aoY, payable by the proprietor under sub- section (3) of Section 25 may be set off against the compensation payable to him under sub-section (1).

Ap ne gazette, appoint a Planning Board (hereinafter referred to as the Board) Boards for for the control of township, development in the State in areas adjoining control of highways outside the territorial jurisdiction of Municipalities, City gevelopmust Corporations, City improvement Trusts or like Bodies not being adjoining District Boards: highways: Provided that the State Government may, if it considers a single Board to be inadequate for handling the work in the whole State, appoint more than one such Board, each for a specified region in the State.

1. (2) The State Government may, at any time by notification in the official gazette, add to or reduce the area of jurisdiction of a Board.
2. (3) A Board, so appointed, shall be a body corporate and have perpetual succession and a common seal and shall sue and be sued by its own name. Constitution 28. (1) A Board shall consist of such number of members, official Cag. or noo-official, pot being less than three, as the State Government may ping Board from time to time determine by notification in the official gazette: and transac- tion ef busi- aess byit. 19
3. (2) One of the members of the Board shall be a Highway Eagineer, a second Town Planner with knowledge of architecture, and a third with experience inland valuation.
4. (3) The Board shall meet and transact business in accordance with such rules as may be prescribed by the State Government in this behalf,
5. (4) Such rules shall also provide for the appointment of a chairman from 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 staff for the Board.
6. (5) If any member of a Board owns, or has any interest in, 1and 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.
7. (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 rulesas may be prescribed by the State Government in this behalf.

1. (1) The Board shall, as soon as possible after it has been Survey and notified to exercise control over development in any area, have a survey demarcation made of such area and shall have the boundaries thereof demarcated pe] area with reference to the survey. paratio Mri . . layout plan (2) The boundaries so demarcated shall be notified by the Board for its deve- jn the official gazette in such detail as may be necessary for the proper lopment. identification of the area. 20 ’ [ON Within a year of the date of the notification jssued under sub-section (2) or such lopger period asmay be specially permitied} by the State Government in this behalf, the Beard shall prepare a layout plan of the area showing the sites of proposed roads, parkSs playfields, residential localities, industrial arcas, access lanes to the adjacent highway, ete. (4) The access points to the adjacent highway and the general’ layout plan shall be fixed jn consultation with the highway authority concerned. © The layout plan so prepared hall be deposited bY the Board with {he Principal Revenue Officer of tbe district in_which such area. is located and also in its OWRD office and in the office of the high— way authority concerned, and the plan so deposited shall be available: for inspection by the public free of charge at all reasonable times- 6) Copies of the plan shall be made available to 20y interested member of the public on application to the Board and on payment of such reasonable cost 8S may be fixed by the Board. Regulation 30. (1) It shall be unlawful aftera potification has been issued of even, by the Board under sub-section (2) of Section 29, to construct oF, area. in the pe.construct any building in the area so notified, or 10 layout any means of access in that area towards the adjacent highway without obtaining the prior permission of the Board. (2) Every person wishing to construct of re-construct any structure or to layout apy means of access in that area shall apply to the Board for permission in such form and with such details and plans and together with such fees, if 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 necessary permission, with or without such reason= : able conditions as may be specified in the order, if the prope sal of the applicant is not inconsistent with the layout of the area planned Of contemplated, aod is otherwise unobjection- able, or (b) refuse the permission. 4) 1f at the expiration of 3 months from the date of appli- cation No order in WIiting has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions: Provided, however, 10 such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway. (5) In the event of refusal of peimissicn, the Board shall communicate to the applicant the defects or the objectionable features. of the proposal responsible for its rejection. 21 (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 were a fresh 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 plan, a fresh application shall be made to the Board as if the modified plan constituted a 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 person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be final. (9) If any .person constructs or re-copstructs 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 substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed apd 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 Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of sub- section (9g k

notified to exercise control over development in any area, have a survey demarcation made of such area and shall have the boundaries thereof demarcated pe] area with reference to the survey. paratio Mri

. . layout plan

1. (2) The boundaries so demarcated shall be notified by the Board for its deve- jn the official gazette in such detail as may be necessary for the proper lopment. identification of the area. 20 ’ [ON Within a year of the date of the notification jssued under sub-section (2) or such lopger period asmay be specially permitied} by the State Government in this behalf, the Beard shall prepare a layout plan of the area showing the sites of proposed roads, parkSs playfields, residential localities, industrial arcas, access lanes to the adjacent highway, ete.
2. (4) The access points to the adjacent highway and the general’ layout plan shall be fixed jn consultation with the highway authority concerned. © The layout plan so prepared hall be deposited bY the Board with {he Principal Revenue Officer of tbe district in_which such area. is located and also in its OWRD office and in the office of the high— way authority concerned, and the plan so deposited shall be available: for inspection by the public free of charge at all reasonable times- 6) Copies of the plan shall be made available to 20y interested member of the public on application to the Board and on payment of such reasonable cost 8S may be fixed by the Board. Regulation 30. (1) It shall be unlawful aftera potification has been issued of even, by the Board under sub-section (2) of Section 29, to construct oF,

area. in the pe.construct any building in the area so notified, or 10 layout any

means of access in that area towards the adjacent highway without obtaining the prior permission of the Board.

1. (2) Every person wishing to construct of re-construct any structure or to layout apy means of access in that area shall apply to the Board for permission in such form and with such details and plans and together with such fees, if any, as may be prescribed by the Board. :
2. (3) The Board shall, as soon as possible after the receipt of an application, by order in writing either
   • (a) grant the necessary permission, with or without such reason= : able conditions as may be specified in the order, if the prope sal of the applicant is not inconsistent with the layout of the area planned Of contemplated, aod is otherwise unobjection- able, or
   • (b) refuse the permission. 4) 1f at the expiration of 3 months from the date of appli- cation No order in WIiting has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions: Provided, however, 10 such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway.
3. (5) In the event of refusal of peimissicn, the Board shall communicate to the applicant the defects or the objectionable features. of the proposal responsible for its rejection. 21
4. (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 were a fresh application.
5. (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 plan, a fresh application shall be made to the Board as if the modified plan constituted a 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.
6. (8) Any person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.
7. (9) If any .person constructs or re-copstructs 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 substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed apd 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.
8. (10) The Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of sub- section (9g k

of Section 29 it appears to the Beard that the planned development Board to of the notified area can be secured only by acquiring land in that acquire land area, it may, with the prior consent of the State Government, acquire fod planned y 4 A ve evelopment, the entire area or such part of it as may be considered necessary, where neces- either by direct negotiation with the owner or failing such negotiation, sary. by resort to the provisions of the Land Acquisition Act, 1894. _ (2) Such area as may be acquired under sub-section (1) shall te properly laid out by the Board, the necessary improvements effected and sites assigned sold or leased to the public for a specified, period Hot exceeding 99 years, for construction according to approved plans.

i

’ CHAPTER—VIII LEVY OF BETTERMENT TAX

Planning 32, (1) Where a Board is of the opinion that the value of Board to land in any area in its charge is likely to increase as a result of [sped the development at public expense of any area adjoining a highway, pid yi it may, with the previous consent of the State Government, decide with the to levy a betterment tax in respect of such area :

Consent of

te Government Provided that where in pursuance of Section 31 the Board has hed LN acquired any area and has had it properly laid out aad sold or determite (8® feased to the public, no betterment tax shall be levied in respect of such area.

1. (2) The State Government, when approached by the Board under sub-section (1) for its comsent to the levy of betterment tax in any area, shall while giving such ccnsent 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 Board.
2. (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 11.
3. (4) The notification shall specify :—
4. (2) the exact area in which the betterment tax is to be levied,
   • (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 levied, as determined by the State Government under sub-section (2). t (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 i gazette the date on which the execution of ihe 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. Computation 33. (1), For land which has already been built upon or on of betterment which permission to build has already been accorded before the date value. notified under sub-section (5) of Section 32, betterment value shall 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. 23
5. (2) For land which on the date notified under sub-section 5) of Section 32 has neither been built upon nor in respect of which permission to build has been accorded before that date, the betterment B 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 aay, carried out by the owner between the two latter dates.

cation of the notification uader sub-section (5) of Section 32 assess the of Better amouut of betterment tax payable by every individual owner of land, and ~ ent tax. shall serve a notice on him in writing in the prescribed manner, specifying the amount of the tax payable by him, the details of calculation, tae instalments if any in which paymen: may be made, the date or dates on or before which payment of the full amount or of the instalments shall be made, and the authority to whom payment shail be tendered.

1. (2) Aay person on whom a notice for payment of betterment tax bas been served under sub-section (1), may within one month from the date of service of such notice, file an objection before the Board ia 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 canses beyond the control of tke objector. * mr
2. (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).
3. (4) Any person aggrieved by the order issued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.
4. (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.

option, instead of making either a lump-sum payment or payment tax may at by instalments where allowed by the Board, execute an agreement option of with the Board or any other authority specially authorised by the State oe owner Government in this behalf, to leave the said liability outstanding as made a a charge on his interest in the land subject to the pavement in perpe- charge om 3 tuity of interest at the rate of 6% per annum. higinferest

1. (2) A person who has exercised his option under sub-section
2. (1) may at any time after giving six months notice of his intention s0 to do, redeem the charge of paying the assessed mount of betterment tax or such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

TO HIGHWAYS AND LEVY OF BETTERMENT TAX CHAPTER—VII CONTROL OF ROADSIDE LANDS 27. {l) The State Government shall, by notification in the official Ap ne gazette, appoint a Planning Board (hereinafter referred to as the Board) Boards for for the control of township, development in the State in areas adjoining control of highways outside the territorial jurisdiction of Municipalities, City gevelopmust Corporations, City improvement Trusts or like Bodies not being adjoining District Boards: highways: Provided that the State Government may, if it considers a single Board to be inadequate for handling the work in the whole State, appoint more than one such Board, each for a specified region in the State.

1. (2) The State Government may, at any time by notification in the official gazette, add to or reduce the area of jurisdiction of a Board.
2. (3) A Board, so appointed, shall be a body corporate and have perpetual succession and a common seal and shall sue and be sued by its own name. Constitution 28. (1) A Board shall consist of such number of members, official Cag. or noo-official, pot being less than three, as the State Government may ping Board from time to time determine by notification in the official gazette: and transac- tion ef busi- aess byit.
3. (2) One of the members of the Board shall be a Highway Eagineer, a second Town Planner with knowledge of architecture, and a third with experience inland valuation.
4. (3) The Board shall meet and transact business in accordance with such rules as may be prescribed by the State Government in this behalf,
5. (4) Such rules shall also provide for the appointment of a chairman from 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 staff for the Board.
6. (5) If any member of a Board owns, or has any interest in, 1and 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.
7. (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 rulesas may be prescribed by the State Government in this behalf. 28A. (1) Whenever a highway authority has reason to believe specification that an area adjacent to a highway outside the territorial limit of a of areas Municipality, City Corporation or City improvement Trust or other where con- Tike body not being a District Board, is likely fo develop into a Selig o° building or industrial area and that such development if left unregulated over develop- is likely in course of time to affect the highway adversely, it shall ment, in writing request the State Government to direct the Board, or the appropriate Board if more than one such Board have been appointed in the State, to control the Development in that area.
8. (2) On receipt of such request from a highway 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 ths 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 Improyement 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 jurisdiction, 29. (1) The Board shall, as soon as possible after it has been Survey and notified to exercise control over development in any area, have a survey demarcation made of such area and shall have the boundaries thereof demarcated pe] area with reference to the survey. paratio Mri . . layout plan
9. (2) The boundaries so demarcated shall be notified by the Board for its deve- jn the official gazette in such detail as may be necessary for the proper lopment. identification of the area. ’ [ON Within a year of the date of the notification jssued under sub-section (2) or such lopger period asmay be specially permitied} by the State Government in this behalf, the Beard shall prepare a layout plan of the area showing the sites of proposed roads, parkSs playfields, residential localities, industrial arcas, access lanes to the adjacent highway, ete.
10. (4) The access points to the adjacent highway and the general’ layout plan shall be fixed jn consultation with the highway authority concerned. © The layout plan so prepared hall be deposited bY the Board with {he Principal Revenue Officer of tbe district in_which such area. is located and also in its OWRD office and in the office of the high— way authority concerned, and the plan so deposited shall be available: for inspection by the public free of charge at all reasonable times- 6) Copies of the plan shall be made available to 20y interested member of the public on application to the Board and on payment of such reasonable cost 8S may be fixed by the Board. Regulation 30. (1) It shall be unlawful aftera potification has been issued of even, by the Board under sub-section (2) of Section 29, to construct oF,

area. in the pe.construct any building in the area so notified, or 10 layout any

means of access in that area towards the adjacent highway without obtaining the prior permission of the Board.

1. (2) Every person wishing to construct of re-construct any structure or to layout apy means of access in that area shall apply to the Board for permission in such form and with such details and plans and together with such fees, if any, as may be prescribed by the Board. :
2. (3) The Board shall, as soon as possible after the receipt of an application, by order in writing either
   • (a) grant the necessary permission, with or without such reason= : able conditions as may be specified in the order, if the prope sal of the applicant is not inconsistent with the layout of the area planned Of contemplated, aod is otherwise unobjection- able, or
   • (b) refuse the permission. 4) 1f at the expiration of 3 months from the date of appli- cation No order in WIiting has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions: Provided, however, 10 such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway.
3. (5) In the event of refusal of peimissicn, the Board shall communicate to the applicant the defects or the objectionable features. of the proposal responsible for its rejection.
4. (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 were a fresh application.
5. (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 plan, a fresh application shall be made to the Board as if the modified plan constituted a 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.
6. (8) Any person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.
7. (9) If any .person constructs or re-copstructs 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 substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed apd 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.
8. (10) The Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of sub- section (9g k

31. (1) Where after the issue of a notification under sub-section (2) Plansing

of Section 29 it appears to the Beard that the planned development Board to of the notified area can be secured only by acquiring land in that acquire land area, it may, with the prior consent of the State Government, acquire fod planned y 4 A ve evelopment, the entire area or such part of it as may be considered necessary, where neces- either by direct negotiation with the owner or failing such negotiation, sary. by resort to the provisions of the Land Acquisition Act, 1894. _ (2) Such area as may be acquired under sub-section (1) shall te properly laid out by the Board, the necessary improvements effected and sites assigned sold or leased to the public for a specified, period Hot exceeding 99 years, for construction according to approved plans.

i

’ CHAPTER—VIII LEVY OF BETTERMENT TAX

Planning 32, (1) Where a Board is of the opinion that the value of Board to land in any area in its charge is likely to increase as a result of [sped the development at public expense of any area adjoining a highway, pid yi it may, with the previous consent of the State Government, decide with the to levy a betterment tax in respect of such area :

Consent of

te Government Provided that where in pursuance of Section 31 the Board has hed LN acquired any area and has had it properly laid out aad sold or determite (8® feased to the public, no betterment tax shall be levied in respect of such area.

1. (2) The State Government, when approached by the Board under sub-section (1) for its comsent to the levy of betterment tax in any area, shall while giving such ccnsent 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 Board.
2. (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 11.
3. (4) The notification shall specify :—
4. (2) the exact area in which the betterment tax is to be levied,
   • (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 levied, as determined by the State Government under sub-section (2). t (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 i gazette the date on which the execution of ihe 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. Computation 33. (1), For land which has already been built upon or on of betterment which permission to build has already been accorded before the date value. notified under sub-section (5) of Section 32, betterment value shall 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.
5. (2) For land which on the date notified under sub-section 5) of Section 32 has neither been built upon nor in respect of which permission to build has been accorded before that date, the betterment B 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 aay, carried out by the owner between the two latter dates. 34. (1) The Board shall, at any time after a month of the publi- Assessment cation of the notification uader sub-section (5) of Section 32 assess the of Better amouut of betterment tax payable by every individual owner of land, and ~ ent tax. shall serve a notice on him in writing in the prescribed manner, specifying the amount of the tax payable by him, the details of calculation, tae instalments if any in which paymen: may be made, the date or dates on or before which payment of the full amount or of the instalments shall be made, and the authority to whom payment shail be tendered.
6. (2) Aay person on whom a notice for payment of betterment tax bas been served under sub-section (1), may within one month from the date of service of such notice, file an objection before the Board ia 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 canses beyond the control of tke objector. * mr
7. (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).
8. (4) Any person aggrieved by the order issued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.
9. (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. (1) The person lable to pay a betterment tax may, it bas Besterment- ~ option, instead of making either a lump-sum payment or payment tax may at by instalments where allowed by the Board, execute an agreement option of with the Board or any other authority specially authorised by the State oe owner Government in this behalf, to leave the said liability outstanding as made a a charge on his interest in the land subject to the pavement in perpe- charge om 3 tuity of interest at the rate of 6% per annum. higinferest
10. (2) A person who has exercised his option under sub-section
11. (1) may at any time after giving six months notice of his intention s0 to do, redeem the charge of paying the assessed mount of betterment tax or such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

provided for the recovery of arrears of land revenue. beermant

recovered as arrears of land revenue.

Appropria; 37- The proceeds of the betterment tax, levied in any area, shall don of the after deduction of the assessment and collection charges, be made coeds of nent ges, Rsttorment over by the Board to the Provincial Government may direct. tax.

any highway in its charge or any portion thereof is or has been ar A tendered unsafe for vehicular or pedestrain traffic by reason of damage trafic when or otherwise, it may, subject to such rules as may be prescribed in highwa: this behalf, either close the highway or the portion of it to all traffic deemed of to any class of traffic, or regulate the number and speed of unsafe. vehicles using the highway.

CHAPTER—IX SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAY Prevention 38. (1) Where a highway authority is of opinion that it is of cover necessary for the prevention of danger arising from obstruction of fry of the view or distraction of the attention of persons using any highway, istraction especially at any bend or corner of the highway, it may serve a of attention Dotice upon the owner or occupier of land along side or at the of persons bend or corner of such highway to alter or remove, altogether, within Un way, such time and in such a manner 23 may be specified in the notice, ge the height or character of any existing wall, (not being a wall forming part of a permansnt structure), fence, hedge, tree, advertisement post, bill ‘board or any other object thereon, sO as to eliminate or minimise the apprehended danger.

1. (2) If apy person upon whom a notice has been served under sub-section (1), objects to comply with any requirement of such notice, be may, within 14 days of its receipt send to the highway authority his objection in writing stating the grounds thereof. i (3) The highway authority shall, within 14 days of the receipt : of the objection consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.
2. (4) If a person is aggrieved by an order issued by a highway authority under sub-section (3), he may prefer an appeal within 7 days of the date of such order to the collector or Chief Revenue Officer of the district, whose decision in the matter shall be final.
3. (5) If any person falls to comply with the notice served on him under sub-section (1) as amended or confirmed as the case may be under sub-section (3) or (4), the highway authority may take action to alter or remove the object causing obstruction or distraction of view at its owh expense and. such expenditure together with 15% departmental charges, shall be recovered from such person In accordance with the provisions of Section 23, without prejudice to any other action which may be taken against him. 39. (1) If at any time it appears to a highway authority that Highway any highway in its charge or any portion thereof is or has been ar A tendered unsafe for vehicular or pedestrain traffic by reason of damage trafic when or otherwise, it may, subject to such rules as may be prescribed in highwa: this behalf, either close the highway or the portion of it to all traffic deemed of to any class of traffic, or regulate the number and speed of unsafe. vehicles using the highway.

of any highway, or a portion thereof. cr any bridge, culvert or cause- heavy ven way built on or across any highway, is not designed to carry vehicles cles on cer- of which the Jaden weight exceeds a certain limit it may subject to tain such rules as may be prescribed in this behalf, prohibit or restrict highways. 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 Section 7 Power of or in exercise of the powers under Section 39 or 40, the highway highway , authority desires temporarily fo close any highway or part of it to gps I traffic or to restrict or regulate traffic thereon in any manner, it traffic to be shall in writing request the authority authorised to control traffic exercised under Part V of this Act to enforce the restrictions in the said through the manner, uty,

1. (2) Where such a request has been received from a highway Yoder part authority, the authority empowered under Part V to control traffic rage. shall take all necessary measures to enforce the said restrictions in accordance with the provisions of ttat part. 42. (1) Where, in pursuance of clause (3) of Section? or in Procedure tor exercise of Section 39, a highway authority desires permanently to When high. close down apy highway or part thereof, it shall give notice of way autho its intention so to do in the official gazette, acd shall cause further rity wishes publicity to be given to the notice in the manner prescribed under permanently sub-section (4) of Section 11. Tose a0¥
2. (2) The notice shall indicate the alternative route, if any, which is 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. (3) The highway authority shall finalise its proposal to ciose down “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 such objections as may have been received against the proposal,
4. (4) The State Government may either approved the proposal, with or without modifications, or reject it.
5. (5) When the State Government has approved the proposal, it shall publish its orders in the official gazette.
6. (6) When the orders of the State Government have appeared in the official gazette, the highway authority shall arrange for further publicity to be given to the orders in the manner prescribed under sub-section (4) of Section 11 and .the highway or pari thereof shall then be closed.
7. (7) Whenever any highway or any part thereof has been sO closed. reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member Of the public, to use such highway of part as a means Of access to or from his property and has suffered damage for such closing. .
8. (8) Where an alternative route nas been provided or is already in existence, the amount of compensation payable to any person under sub-section (7) shall in no case exceed the cost of laying a new means of access from his property to such alternative route.
9. (9) Where compensation is payable undet sub-section (7) the claimant shall, within 3 months of the losing of the highway or part, make to the State Government his claim for ‘compensation; and such claim shall _be disposed of in ‘accordance with the provisions of Sections 17 (3) and 18 (1: Cousent of 43. (1) Notwitbstanding anything contained in any otber cnactment frre for the time being ja force, HO person other than a highway authority tequired to OT its authorised agent shall construct or carry any cable, wire, pipe, do certain drain sewer Of channel of any kind through, across, under or Over cts on any highway, except with the specific consent of the highway ‘highways: authority. @ In giving jts consent, the highway authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge for any land forming part of the highway occupied by of applied to the proposed work.
10. (3) 1f apy person constructs or carried out any work in contra- vention of sub-section (1), the highway authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of Section 21 as if the work constituted an encroachment on the highways and such expenses as the highway authority may incur for this purpose, together with 15% departmental charges thereon, shall, without prejudice to amy other action that may be taken agailst such person, be recovered from him in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable. Prevention 44. (1) No person, shall wilfully or negligently cause, or allow

ot rectife any vehicle or mimal in his charge to cause any damage to any

cation o highway. highway.

1. (2) Where in contravention of sub-section (1) any damage has been caused to any highway, the ‘highway authority shall have the damage repaired and the expenses jnvolved, together with 15% departmental charges, shail, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1), be recovered from him in accordance with the procedure: prescribed under Section 23 in so far that procedure is applicable: i | CHAPTER—X SURVEY OF HIGHWAY LANDS AND HIGHWAY BOUNDARIES

1. (1) Where in pursuance of clauses (3) and (4) of Section 7 Power of or in exercise of the powers under Section 39 or 40, the highway highway , authority desires temporarily fo close any highway or part of it to gps I traffic or to restrict or regulate traffic thereon in any manner, it traffic to be shall in writing request the authority authorised to control traffic exercised under Part V of this Act to enforce the restrictions in the said through the manner, uty, (2) Where such a request has been received from a highway Yoder part authority, the authority empowered under Part V to control traffic rage. shall take all necessary measures to enforce the said restrictions in accordance with the provisions of ttat part.

or in exercise of the powers under Section 39 or 40, the highway highway , authority desires temporarily fo close any highway or part of it to gps I traffic or to restrict or regulate traffic thereon in any manner, it traffic to be shall in writing request the authority authorised to control traffic exercised under Part V of this Act to enforce the restrictions in the said through the manner, uty,

1. (2) Where such a request has been received from a highway Yoder part authority, the authority empowered under Part V to control traffic rage. shall take all necessary measures to enforce the said restrictions in accordance with the provisions of ttat part.

exercise of Section 39, a highway authority desires permanently to When high. close down apy highway or part thereof, it shall give notice of way autho its intention so to do in the official gazette, acd shall cause further rity wishes publicity to be given to the notice in the manner prescribed under permanently sub-section (4) of Section 11. Tose a0¥

1. (2) The notice shall indicate the alternative route, if any, which is 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.
2. (3) The highway authority shall finalise its proposal to ciose down “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 such objections as may have been received against the proposal,
3. (4) The State Government may either approved the proposal, with or without modifications, or reject it.
4. (5) When the State Government has approved the proposal, it shall publish its orders in the official gazette.
5. (6) When the orders of the State Government have appeared in the official gazette, the highway authority shall arrange for further publicity to be given to the orders in the manner prescribed under sub-section (4) of Section 11 and .the highway or pari thereof shall then be closed. 26
6. (7) Whenever any highway or any part thereof has been sO closed. reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member Of the public, to use such highway of part as a means Of access to or from his property and has suffered damage for such closing. .
7. (8) Where an alternative route nas been provided or is already in existence, the amount of compensation payable to any person under sub-section (7) shall in no case exceed the cost of laying a new means of access from his property to such alternative route.
8. (9) Where compensation is payable undet sub-section (7) the claimant shall, within 3 months of the losing of the highway or part, make to the State Government his claim for ‘compensation; and such claim shall _be disposed of in ‘accordance with the provisions of Sections 17 (3) and 18 (1: Cousent of 43. (1) Notwitbstanding anything contained in any otber cnactment frre for the time being ja force, HO person other than a highway authority tequired to OT its authorised agent shall construct or carry any cable, wire, pipe, do certain drain sewer Of channel of any kind through, across, under or Over cts on any highway, except with the specific consent of the highway ‘highways: authority. @ In giving jts consent, the highway authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge for any land forming part of the highway occupied by of applied to the proposed work.
9. (3) 1f apy person constructs or carried out any work in contra- vention of sub-section (1), the highway authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of Section 21 as if the work constituted an encroachment on the highways and such expenses as the highway authority may incur for this purpose, together with 15% departmental charges thereon, shall, without prejudice to amy other action that may be taken agailst such person, be recovered from him in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable. Prevention 44. (1) No person, shall wilfully or negligently cause, or allow

ot rectife any vehicle or mimal in his charge to cause any damage to any

cation o highway. highway.

1. (2) Where in contravention of sub-section (1) any damage has been caused to any highway, the ‘highway authority shall have the damage repaired and the expenses jnvolved, together with 15% departmental charges, shail, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1), be recovered from him in accordance with the procedure: prescribed under Section 23 in so far that procedure is applicable: i | CHAPTER—X SURVEY OF HIGHWAY LANDS AND HIGHWAY BOUNDARIES FOR PREPARATION OF AUTHORITATIVE PLANS

1. (1) Where, in pursuance of sub-section (3) of Section 8, State Govern a highway authority wishes to have a survey made with a view to the Dent vey preparation of authoritative plan or plans for any highway in its apd appoint charge, it shall request the State Government in writing to order the suryey officer i en so survey and appoint a Survey Officer for the purpose. Teauested by
2. (2) If, on receipt of such request and after making such farther LN ad enquiries as may be deemed necessary, the State Goverameat is satisfied about the need for such survey, it may, by notification published in the official gazette, order thatthe proposed survey shall be made and shall simultaneously - appoint a Survey Officer for the

1. (1) When a survey has been ordered under Section 45, Survey Omees the Survey Officer appointed for the purpose shall publish a notification het cation. in the official gazette inviting all persons having or claiming to have any intersst 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. (2) The Survey Officer shall cause further publicity to be given to the notification issued by him under sub-section (1) in the manner prescribed in sub-section (4) of Section 11.
3. (3) A notification published in accordance with sub-section (1) and further published in accordance with sub-section (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 a special notice to the Survey Officer highway authority concerned intimating the date and time from which to give spe- i the survey of the highway shall be carried out. cia Cod Shon 1
4. (2) The highway authority. shall, on receipt of such special freon the notice, take such steps as may be deemed necessary to watch the latter to make survey Proceedings and to make representation to the Survey Officer ficial whenever it has reason to believe that the interests of the highway Jon 7%” are being or likely to be adversely affected. -* ® The Speier Officer shall have power to determine and Power I record as undisputed any boundary in respect of which no dispute survey officer FS p i to deterring is brought to his notice. og re 3 ” is isputed
5. (2) Notice of every decision of the Survey Officer under sub-section bot ro
6. (1) shall be givenin the prescribed manner to the registered holders of ‘the land" the boundaries of which may be affected by the decision . and also to the highway authority concerned. . a ' Power of 49. (1) Where a boundary is disputed, the Survey Officer after survey officer making such enquiry as he considers necessary, shall determine the and record a boundary and record it in accordance with his decision and shail disputed also record in writing the reasons for his decision. boundary.
7. (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 registered holders of the land the boundaries of which may be affected by the decision. Appeals 50. (1) The highway authority or any other person affected by against order the decision under Sections 48 or 49 may, within three months of the date officer under Of service of notice under those sections, appeal to the Collector or Sections 43 & the Chicf Revenue Officer of the district and the decision of such “9. officer shall be recorded in writing and notice of such decision given in the prescribed manner to the parties to the appeal. Any modification of the Survey Officer’s decision ordered by the appellate authority shall be noted in the record prepared under Sections 48 or 49 as the case may be.
8. (2) No appeal preferred 2fter the expiry of the said period of three months shall be admitted. Provided that the time taken to obtain a copy of the decision and the map under sub-section (3) shall not be taken into account in calculating the said period of three months.
9. (3) A copy of the order and a copy 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 highway authority or to any person interested in such order or map, as the case may be or the application to the Survey Officer aad on payment of suck reasonable cost as may be fixed. gg me 51. (1) When the survey of any highway land or its boundaries tion to bs which has been notified under Section 45 has been complete: in notified by accordance with the orders passed under Sections 48, 49 or 50, the the survey Survey Officer shall notify the fact in the official gazette and shall officer. cause further publicity to be given to the notification in the manner prescribed under sub-section (4) of Section 11.
10. (2) Unless the survey so notified is modified by a degree of a civil court under the provision of Section 52, the record of the survey shall be conclusive proof that the boundaries as determined and recorded therein have been correctly determined and recorded and shall not be questioned in any court of law. Institution of 52. (1) The highway authority or any other person deeming suit in civil jgself or himself aggrieved by the determination of any boundary under court where Sections 48, 49 or SO may, subject 0 the provisions of the parts IF aggrieved by and III of the Indian Limitation Act, 1908 institute a suit within determination a year from the date of the notification under sub-section (1) or of boundary. Seetion 51, to set aside or modify the 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 in the record. ’
11. (2) The plaintiff in such shall join as parties to it all persons including the highway authority (where such authority is not itself the plainiiff) whom he has reason to believe to be interested in the boundary which js the subject of the suit. CHAPTER—XI POWER TO FRAME RULES FOR THE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS Rules. 53. (1) The State Covernment may make rules for the regulation of the construction and maintenance of highway ard generally for carrying into effect tbe purposes of Part II to IV of this Act.
12. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
    • (a) the preparation of schemes for the development of new or improvement of, or repairs to existing, highways ;
    • (b) the standards that have to be followed in determining a standard width and building and control lines in respect of various types of highway ;
    • (c) the prevention of obstruction of view or distraction of attention of persons using such highways and of annoyance, danger or injury to the public ;
    • (d) 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 ;
    • (f) 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 imposed or levied under the previsions of this Act;
13. (2) the general guidance of the highway authority and the Planning Board in the discharge of their functions under this Act ;
    • (h) the transaction of business by a Planning Board including appointment of a crairman, his powers, his remuneration and travelling allowance, etc. and those of the other officers of the Board and the appointment of Staff for the Board ;
      • (i) the maintenance of accounts by a Planning Board and tbe method of audit of such accounts; and
    • (j) any other matter which is to be or may be prescribed. | | i | | CHAPTER—XII

highway authority concerned intimating the date and time from which to give spe- i the survey of the highway shall be carried out. cia Cod

Shon 1

1. (2) The highway authority. shall, on receipt of such special freon the notice, take such steps as may be deemed necessary to watch the latter to make survey Proceedings and to make representation to the Survey Officer ficial whenever it has reason to believe that the interests of the highway Jon 7%” are being or likely to be adversely affected. -* ® The Speier Officer shall have power to determine and Power I record as undisputed any boundary in respect of which no dispute survey officer FS p i to deterring is brought to his notice. og re 3 ” is isputed
2. (2) Notice of every decision of the Survey Officer under sub-section bot ro
3. (1) shall be givenin the prescribed manner to the registered holders of ‘the land" the boundaries of which may be affected by the decision . and also to the highway authority concerned. . a ' 28 Power of 49. (1) Where a boundary is disputed, the Survey Officer after survey officer making such enquiry as he considers necessary, shall determine the and record a boundary and record it in accordance with his decision and shail disputed also record in writing the reasons for his decision. boundary.
4. (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 registered holders of the land the boundaries of which may be affected by the decision. Appeals 50. (1) The highway authority or any other person affected by against order the decision under Sections 48 or 49 may, within three months of the date officer under Of service of notice under those sections, appeal to the Collector or Sections 43 & the Chicf Revenue Officer of the district and the decision of such “9. officer shall be recorded in writing and notice of such decision given in the prescribed manner to the parties to the appeal. Any modification of the Survey Officer’s decision ordered by the appellate authority shall be noted in the record prepared under Sections 48 or 49 as the case may be.
5. (2) No appeal preferred 2fter the expiry of the said period of three months shall be admitted. Provided that the time taken to obtain a copy of the decision and the map under sub-section (3) shall not be taken into account in calculating the said period of three months.
6. (3) A copy of the order and a copy 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 highway authority or to any person interested in such order or map, as the case may be or the application to the Survey Officer aad on payment of suck reasonable cost as may be fixed. gg me 51. (1) When the survey of any highway land or its boundaries tion to bs which has been notified under Section 45 has been complete: in notified by accordance with the orders passed under Sections 48, 49 or 50, the the survey Survey Officer shall notify the fact in the official gazette and shall officer. cause further publicity to be given to the notification in the manner prescribed under sub-section (4) of Section 11.
7. (2) Unless the survey so notified is modified by a degree of a civil court under the provision of Section 52, the record of the survey shall be conclusive proof that the boundaries as determined and recorded therein have been correctly determined and recorded and shall not be questioned in any court of law. Institution of 52. (1) The highway authority or any other person deeming suit in civil jgself or himself aggrieved by the determination of any boundary under court where Sections 48, 49 or SO may, subject 0 the provisions of the parts IF aggrieved by and III of the Indian Limitation Act, 1908 institute a suit within determination a year from the date of the notification under sub-section (1) or of boundary. Seetion 51, to set aside or modify the 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 in the record. ’ 29
8. (2) The plaintiff in such shall join as parties to it all persons including the highway authority (where such authority is not itself the plainiiff) whom he has reason to believe to be interested in the boundary which js the subject of the suit. CHAPTER—XI POWER TO FRAME RULES FOR THE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS Rules. 53. (1) The State Covernment may make rules for the regulation of the construction and maintenance of highway ard generally for carrying into effect tbe purposes of Part II to IV of this Act.
9. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
   • (a) the preparation of schemes for the development of new or improvement of, or repairs to existing, highways ;
   • (b) the standards that have to be followed in determining a standard width and building and control lines in respect of various types of highway ;
   • (c) the prevention of obstruction of view or distraction of attention of persons using such highways and of annoyance, danger or injury to the public ;
   • (d) 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 ;
   • (f) 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 imposed or levied under the previsions of this Act;
10. (2) the general guidance of the highway authority and the Planning Board in the discharge of their functions under this Act ;
    • (h) the transaction of business by a Planning Board including appointment of a crairman, his powers, his remuneration and travelling allowance, etc. and those of the other officers of the Board and the appointment of Staff for the Board ;
      • (i) the maintenance of accounts by a Planning Board and tbe method of audit of such accounts; and
    • (j) any other matter which is to be or may be prescribed. | | i | | CHAPTER—XII GENERAL AND MISCELLANEOUS PROVISIONS

1. (1) Every notice or bill jssued or prepared under any Section potice., etc. of this Act shall be served or presented :
   • (a) by delivering or tendering it.or sending it by post to the person to whom it is addressed, or to his agent ; Or
   • (b) if such a person or his agent is not found. then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult male member of his family or by causing it to be fixed on some conspicuous part of the building or land, if any, to which it relates.
2. (2) Where notice 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 of occupier, and the service there shall be effected either :
   • (a) by delivering or tendering the notice or sending it by post to 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 or occupier is..found, then by giving or tendering the notice to an adult male .member or servant of his family or by causing the notice to be fixed on some conspicuous building or part of the land to which the same relates ;
   • (c) whenever the person to whom a notice or a bill is to be served is a minor, service upon his. guardian or upon an adult male member or servant of his’ family shall be deemed to be service. upon the minor. Log a Every power to make rules given. by-this Act is subject Publication to the iti ft] i ing. ious. icati com- condition of the rules being made after previous. publication. ence of rules.
3. (2) All rules made under this Act shall be published .in the official gazette, and shall, unless some later date is appointed, come into force on the date of such- publication.

of the State Government, by notification in the official Gazette, oe ben. delegate any of its powers or duties under sections 7(3), 71(4)10, 20, way autho- 21, 23, 38, 39, 40, 41, 42, or 43 of this. Act to any officer or authority rity. subordinate to it subject to such conditions if any, as may be specified in such notification.

ment or of any highway . authority. or a Planning Board in the erm ie carrying out of any of the provisions of this Act or of any of the servants. rules- made: under: this ‘Act-'shall’ be’ deemed. to be: public servants within the meaning of ‘Section ‘21 -of the Indian Penal Code.

lie against any person for anything which is in good faith done or Fae oc intended to be done under or in pursuance of this Act or any rules under this made ‘under this ‘Act.

Every police officer shall forthwith furnish information Powersand to the nearest highway authority, or the nearest officer subordinate duties of to the highway authority, of any offence coming to his knowledge Pepe rs which has been committed against this Act or any rule made under offences and this Act, and shall be bound to assist the highway authority and assistance to its officers and servants in the exercise of their lawful authority. pL

+59. ‘A police officer in uniform may arrest without warrant Power of any purson who commits in his view an offence punishable under ten cd Section 66 or 67. ate of offices

involving... encroachment io Bas,

man or other village official by whatever name called, shall ro aiicialy forthwith inform the nearest police station of the nearest’ highway highway au- authority or any officer of the highway authority, whenever he thority when- becomes aware that any survey marks showing the building or ever they control lines determined in respect of a highway has beenj des- itome avbe troyed, damaged, removed, displaced or otherwise tampered with, highway or to or that any damage to any highway or encroachment on any the boundary

: marks © highway land has been made. aye cic.

than road purposes. land forming part of a highway which is not ha EiieY immediately required for the passage of traffic and dispose of the than road produce of such lands. purpose.

a highway authority or.a Planning Board has acquired any land gotiation to by. direct negotiations with the owner or owners, it shall cause the be subsequ- interests, if any, of other person or persons in such land to be ently aquired acquired under the Land Acquisition Act, 1894, in so far as that yor tand Act may be applicable, to ensure perfect title thereto.

Nothing in Parts II to-IV of this ‘Act shall apply to Saving as lands vested in or under the control of Central Government or to regards land any area falling within the limits of a Cantonment Board, Major itchy Port Trust or other local authority, under the .administrative control. control of the “Central Government.

| :

CHAPTER—XIIT OFFENCES, PENALTIES AND PROCEDURE APPLICABLE TO PART II TO IV Goners) pro 63. Whoever contravenes apy provision of Parts II to IV of punishment this Act or of any rule made under this parts shall, if no other of offences penalty is provided for the offence, by punishable for fine which under Parts may extend to Rs. 50, or if having been previously convicted of Tito IV. any offence under this Ast, he is again convicted of an offence under this Act, with fine which may extend to Rs. 200. Disobedence 64. Whoever wilfully disobeys any direction lawfully given by of order, any person or authority empowered under this Act to give such obstruction, direction, or obstructs any functions that such person or authority is ACnforma- required or empowered under this Act to discharge, or, being required tion. by or under this Act to supply any information which he knows to be false or which he does not believe to be true shail. if nc other penalty is provided for the offence be punishable with fine which may extend to Rs. 20 0. Penalty for 65. Whoever constructs or lays out any means of access or erects : Contraven- or re-erects any building or structure or does auy other work in tion _ of OF Mravention of Sections 13(1), 14(1), 15(3) or 30(D), be shall be restrictions & relating to punishable. laying of (® with fine which may extend to Rs. 507, and access of . " erecting (b) with further fine which may extend to Rs. 100 for many buil- each day after the first, during which the offending . dings etc. means of access or structure or work is not removed, demolished or cleared and the site not restored to its . original condition. Penalty for 66. Whoever occupies or makes any encroachment on any highway unauthorised land in contravention of Section 20(1), or fails to comply with the peg hye notice served on him by Section 21(1) for no valid reason, he shall of bishwy on conviction be liable” to pay.

1. (a) afine which may extead to Rs, 250 for the first offence, and
2. (b) with further fine which may extend to a lump penalty of Rs. 500 plus a daily levy not exceeding Rs. 50 for each day that the offence is coatinued in the event of a second conviction in relation to the same encroachment. Penalty for 67. Whoever in contravention to Section 4(1) wilfully causes Gamage © or allows any vehicles or animal in his charge to cause any damage highway. to any highway, he shall be punishable with fine which may extend Rs. 1,000. Bernd 68. The highway authority may, either before or after the insti- offences. tution of the proceedings, compound and offence against Part II to IV of this Act or any rule framed thereunder.

CHAPTER—XIV CONTROL OF TRAFFIC

repugnant in the subject or context the terms “public vehicles” and mater vehi

“vehicle” shall not be coastrued fo include a motor vehicle as defined geqpe of part.

in the Motor Vehicles Act, 1939.

The State Government or any authority authorised in this Power to bebalf by the State Government, if after consulting the highway Ietrict the authority is satisfied that it is necessary in the interest of public gic safety or convenience, or because of the nature or amy road or bridge, may by notification in the official gazette 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 of highway, 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 ome month or less, notification thereof in the official gazette shall not be necessary.

71. (1) The State Government or any authority authorised in Power to this behalf by the State Government may cause or permit traffic Srect trafic signs or be placed or erected in amy public place for the purpose of 387% bringing to public notice any prohibitions or restrictions imposed under section 70, or generally for the purpose of regulating traffic other than motor vehicle traffic.

1. (2) Traffic signs erected under sub-section (I) for any purpose for which provision is made in the First Schedule shall have the meanings set forth in the First Schedule, but the authority empowered in this behalf 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 transcciptions shall be of similar size and colour to the words, Jetters or figures set forth in the First Schedule.
2. (3) Except as provided by sub-section (1) no traffic sign shall, after the commencement of this Act, be placed or erected on or near any highway ; but all traffic signs erected prior to the commencement of this Act by apy authority competent to do so shall for the purpose of this Act be deemed to be traffic signs erected under the provisions of sub-section (1).
3. (4) Any authority authorised in this behalf by tbe State Govern- ment may, by Dotification 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 traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading.
4. (5) No person shall wilfully remove, after deface, or in any way tamper with any traffic sign placed or erected under this section. (6v If any person accidently cause such damage to traffic sign as renders it useless for the purpose for which it is placed and erected under this section, he shall report the circumstances of the occurrences to a police officer 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 twentyfcur hours of the occurrence. Main roads. 72. The State Government or any authority authorised jn this behalf by the State Government may by notification in the official gazeite 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. Duty to 73. (1) Every driver of a vebicle or animal shail drive it in obey trafic conformity with any indication given by a mandatory traffic sign " signs. in conformity with tbe driving regulations set forth in the Second i 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.
5. (2) Tn this section “mandatory traffic siz” means a traffic sign included in Part A of the First Schedule or any traffic sign of similar form (that is to say consistiog 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. Signals and 74 The driver of a vehicle shall on the occasion specified in Signaling the Third Schedule make the signals specified therein. Leaviog vehic 75. No person in charge of a vehicle or animal shall causes door animal or allow the vehicle or animal to remain at rest on any highway in dangerous in such a position or in such a condition or in such circumstances position. as to cause or be likely to cause danger, obstruction or undue . g inconvenience to other users of the highway. “Towing of 76. No driver of a vehicle shall tow a person riding a cycle and persons no person riding a cycle shall allow bimself to be towed by any riding cycle. other vehicle. Leasing 77. No person in charge of a vehicle or animal shall allow such . a pont or vehicle or animal to stand or proceed on a highway unless it is - ‘unattended. under adequate control, 78. (1) The Driver of a vehicle or animal shall cause the vehicle Duty of or animal as the case may bs to stop and to remain stationary so driver to long as may reasonably be necessary; stop in cer- tain cases.
   • (a) when required to do so by any police officer in uniform or by the authority authorised in this behalf by the State Goverpment, or
   • (b) when the vehicle or animal is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animai 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.
6. (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.

1. (1) The State Government or any authority authorised in Power to this behalf by the State Government may cause or permit traffic Srect trafic signs or be placed or erected in amy public place for the purpose of 387% bringing to public notice any prohibitions or restrictions imposed under section 70, or generally for the purpose of regulating traffic other than motor vehicle traffic. (2) Traffic signs erected under sub-section (I) for any purpose for which provision is made in the First Schedule shall have the meanings set forth in the First Schedule, but the authority empowered in this behalf 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 transcciptions shall be of similar size and colour to the words, Jetters or figures set forth in the First Schedule. (3) Except as provided by sub-section (1) no traffic sign shall, after the commencement of this Act, be placed or erected on or near any highway ; but all traffic signs erected prior to the commencement of this Act by apy authority competent to do so shall for the purpose of this Act be deemed to be traffic signs erected under the provisions of sub-section (1). 34 (4) Any authority authorised in this behalf by tbe State Govern- ment may, by Dotification 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 traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading. (5) No person shall wilfully remove, after deface, or in any way tamper with any traffic sign placed or erected under this section. (6v If any person accidently cause such damage to traffic sign as renders it useless for the purpose for which it is placed and erected under this section, he shall report the circumstances of the occurrences to a police officer 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 twentyfcur hours of the occurrence. Main roads. 72. The State Government or any authority authorised jn this behalf by the State Government may by notification in the official gazeite 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. Duty to 73. (1) Every driver of a vebicle or animal shail drive it in obey trafic conformity with any indication given by a mandatory traffic sign " signs. in conformity with tbe driving regulations set forth in the Second i 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) Tn this section “mandatory traffic siz” means a traffic sign included in Part A of the First Schedule or any traffic sign of similar form (that is to say consistiog 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. Signals and 74 The driver of a vehicle shall on the occasion specified in Signaling the Third Schedule make the signals specified therein. Leaviog vehic 75. No person in charge of a vehicle or animal shall causes door animal or allow the vehicle or animal to remain at rest on any highway in dangerous in such a position or in such a condition or in such circumstances position. as to cause or be likely to cause danger, obstruction or undue . g inconvenience to other users of the highway. “Towing of 76. No driver of a vehicle shall tow a person riding a cycle and persons no person riding a cycle shall allow bimself to be towed by any riding cycle. other vehicle. Leasing 77. No person in charge of a vehicle or animal shall allow such . a pont or vehicle or animal to stand or proceed on a highway unless it is - ‘unattended. under adequate control, 35

this behalf by the State Government may cause or permit traffic Srect trafic signs or be placed or erected in amy public place for the purpose of 387% bringing to public notice any prohibitions or restrictions imposed under section 70, or generally for the purpose of regulating traffic other than motor vehicle traffic.

1. (2) Traffic signs erected under sub-section (I) for any purpose for which provision is made in the First Schedule shall have the meanings set forth in the First Schedule, but the authority empowered in this behalf 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 transcciptions shall be of similar size and colour to the words, Jetters or figures set forth in the First Schedule.
2. (3) Except as provided by sub-section (1) no traffic sign shall, after the commencement of this Act, be placed or erected on or near any highway ; but all traffic signs erected prior to the commencement of this Act by apy authority competent to do so shall for the purpose of this Act be deemed to be traffic signs erected under the provisions of sub-section (1). 34
3. (4) Any authority authorised in this behalf by tbe State Govern- ment may, by Dotification 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 traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading.
4. (5) No person shall wilfully remove, after deface, or in any way tamper with any traffic sign placed or erected under this section. (6v If any person accidently cause such damage to traffic sign as renders it useless for the purpose for which it is placed and erected under this section, he shall report the circumstances of the occurrences to a police officer 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 twentyfcur hours of the occurrence. Main roads. 72. The State Government or any authority authorised jn this behalf by the State Government may by notification in the official gazeite 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. Duty to 73. (1) Every driver of a vebicle or animal shail drive it in obey trafic conformity with any indication given by a mandatory traffic sign " signs. in conformity with tbe driving regulations set forth in the Second i 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.
5. (2) Tn this section “mandatory traffic siz” means a traffic sign included in Part A of the First Schedule or any traffic sign of similar form (that is to say consistiog 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. Signals and 74 The driver of a vehicle shall on the occasion specified in Signaling the Third Schedule make the signals specified therein. Leaviog vehic 75. No person in charge of a vehicle or animal shall causes door animal or allow the vehicle or animal to remain at rest on any highway in dangerous in such a position or in such a condition or in such circumstances position. as to cause or be likely to cause danger, obstruction or undue . g inconvenience to other users of the highway. “Towing of 76. No driver of a vehicle shall tow a person riding a cycle and persons no person riding a cycle shall allow bimself to be towed by any riding cycle. other vehicle. Leasing 77. No person in charge of a vehicle or animal shall allow such . a pont or vehicle or animal to stand or proceed on a highway unless it is - ‘unattended. under adequate control, 35

1. (1) The Driver of a vehicle or animal shall cause the vehicle Duty of or animal as the case may bs to stop and to remain stationary so driver to long as may reasonably be necessary; stop in cer- tain cases. (a) when required to do so by any police officer in uniform or by the authority authorised in this behalf by the State Goverpment, or (b) when the vehicle or animal is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animai 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.

or animal as the case may bs to stop and to remain stationary so driver to long as may reasonably be necessary; stop in cer-

tain cases.

1. (a) when required to do so by any police officer in uniform or by the authority authorised in this behalf by the State Goverpment, or
2. (b) when the vehicle or animal is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animai 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.

1. (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.

accused of auy offence under this Act shall on demand by JWR ‘ChE any police officer or other authority authorised in this behalf by the (9 give infor- State Government give all information regarding the name and address mation. of the driver which is in his possession or could by reasonable diligence be ascertained by him.

the amount of twenty-five rupees or more is caused as the result of ~dfiverin case an accident in which a vehicle is involved, the driver of the vehicle belfiic 8 or other person in charge of the vehicle shalli person.

1. (a) take all reasonable steps to secure medical attention for any person so injured and, if necessary, convey him to the gearest hospital, unless the injured person, or his guardian, in case he is a minor, desire otherwise.
2. (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 staticn, or if he continues his journey after the accident, at the next police station on or near his route. 81. (1) The State Government may make rules for the purpose Power to of carrying into effect the provisions of this Chapter. make rules for control of

1. (2) Without prejudice to the generality of the foregoing power, traffic. such rules may provided for— _#(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;
   • (b) the use of weighting devices;
   • (c) the determination, maintenance and mavagement of parking places for the use of vehicles and animals and the fees, if any, which may be charged for their use ;
   • (d) prohibiting the use of foot paths cr pavements by vehicles. or agimals ;
   • (e) subject to specified conditions the segregation to any specified part of a highway of specified clauses and descriptions of vehicle or animal traffic ;
   • (f) prohibiting or restricting the use of audible signals at certain times or in certain places ;
2. (8) regulating the leading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres fitted
   • (h) aright of way for ambulances and fire brigade vehicles;
     • (i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle;
   • (j) the control of animals likely to frighten other animals or pedestrians;
   • (k) the control of children on highways;
3. (1) prohibiting the riding by more than one person at the same time of cycles other than cycles designed for the purpose;
   • (m) prohibiting the ridiug of more than two cycles abreast;
   • (n) limiting the age of drivers of vehicles;
4. (0) the inspection of loads carried on vehicles and animals;
   • (p) the uses of nose-ropes for animals;
5. (9) regulating the driving of vehicles and animals at night;
   • (r) regulating the use of highways by pedestrians;
   • (s) 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 traffic;
   • (t) amy other matter which is to be or may be prescribed. CHAPTER—XV CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

1. (1) The State Government may make rules for the purpose Power to of carrying into effect the provisions of this Chapter. make rules for control of (2) Without prejudice to the generality of the foregoing power, traffic. such rules may provided for— _#(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; 36 (b) the use of weighting devices; (c) the determination, maintenance and mavagement of parking places for the use of vehicles and animals and the fees, if any, which may be charged for their use ; (d) prohibiting the use of foot paths cr pavements by vehicles. or agimals ; (e) subject to specified conditions the segregation to any specified part of a highway of specified clauses and descriptions of vehicle or animal traffic ; (f) prohibiting or restricting the use of audible signals at certain times or in certain places ; (8) regulating the leading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres fitted (h) aright of way for ambulances and fire brigade vehicles; (i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle; (j) the control of animals likely to frighten other animals or pedestrians; (k) the control of children on highways; (1) prohibiting the riding by more than one person at the same time of cycles other than cycles designed for the purpose; (m) prohibiting the ridiug of more than two cycles abreast; (n) limiting the age of drivers of vehicles; (0) the inspection of loads carried on vehicles and animals; (p) the uses of nose-ropes for animals; (9) regulating the driving of vehicles and animals at night; (r) regulating the use of highways by pedestrians; (s) 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 traffic; (t) amy other matter which is to be or may be prescribed. CHAPTER—XV CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

of carrying into effect the provisions of this Chapter. make rules

for control of

1. (2) Without prejudice to the generality of the foregoing power, traffic. such rules may provided for— _#(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; 36
   • (b) the use of weighting devices;
   • (c) the determination, maintenance and mavagement of parking places for the use of vehicles and animals and the fees, if any, which may be charged for their use ;
   • (d) prohibiting the use of foot paths cr pavements by vehicles. or agimals ;
   • (e) subject to specified conditions the segregation to any specified part of a highway of specified clauses and descriptions of vehicle or animal traffic ;
   • (f) prohibiting or restricting the use of audible signals at certain times or in certain places ;
2. (8) regulating the leading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres fitted
   • (h) aright of way for ambulances and fire brigade vehicles;
     • (i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle;
   • (j) the control of animals likely to frighten other animals or pedestrians;
   • (k) the control of children on highways;
3. (1) prohibiting the riding by more than one person at the same time of cycles other than cycles designed for the purpose;
   • (m) prohibiting the ridiug of more than two cycles abreast;
   • (n) limiting the age of drivers of vehicles;
4. (0) the inspection of loads carried on vehicles and animals;
   • (p) the uses of nose-ropes for animals;
5. (9) regulating the driving of vehicles and animals at night;
   • (r) regulating the use of highways by pedestrians;
   • (s) 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 traffic;
   • (t) amy other matter which is to be or may be prescribed. CHAPTER—XV CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

and mainteined as to prevent danger or inconvenience to persons Tegarding using that vehicle and other road users. construction : inte - 83. (I) The State Government may make rules regulating the and mainte construction, equipment and maintenance of vehicles used on highways.

1. (2) Without prejudice to the generality of the foregoing power, oe rules may be made under this section governing any of the following matters either generally in respect of vehicles or in respect of vehicles of a particular class or description or in particular circumstances, namely §
   • (a) the width, height and length of vehicles,
   • (b) the size, nature and condition of wheels and tyres,
   • (c) brakes,
   • (d) lamps and reflectors, (¢) warning devices,
   • (f) the inspection of vehicles by prescribed authorities,
   • (g) regulating the particulars exhibited on vehicles and the maoner in which particulars shall be exhibited, CHAPTER—XVI CONTROL OF PUBLIC VEHICLES 84. (I) The State Government may make rules for the regulation Power to of the use of public vehicles. make rules;
2. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing anv of the following matters either generally or in respect of public vehicles of a particular class or description or in particular circumstances, namely :
   • (a) the issue, renewal, modification or cancellation of permits and the transfer of permits from OBe person to another; (b). the issue, remewal or cancellation of driving licences; ’ (c) the issue of duplicate copies in place of permits and driving licences mutilated, defaced, lost or destroyed;
   • (d) the preferring of appeals by persons aggrieved by the refusal of the authority competent to grant or renew a permit or a driving licence. or to transfer a permit or by the cancellation or modification of a permit or the cancellation of a driving licence, and the hearing and conduct of such appeals ;
   • (e) the documents, plates and marks to be carried by public vehicles, the manner in which they are to be carried and the language in which such documents are to be expressed ;
   • (f) the badges and uniforms to be worn by drivers ;
3. (2) the fees to be paid in respect of permits, driving licences, duplicate copies of permits or driving licences, plates, badges, and appeals preferred under this Chapter ;
   • (bh) the production of permits and driving licences te‘ore specified officers for purposes of inspection ;
     • (i) the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles;
   • (j) the limiting of the number of public vehicles or public vehicles of any specified class or description for which permits may be granted in any specified area, or on any specified route or routes §
   • (k) the fixing of maximum or minimum fares or freights §
     • (I) the minimum number of passengers or the maximum quantity of goods that may be carried in a public vehicle;
   • (m) the conditions subject to which passengers’ luggage of goods may be carried on public vehicle ;
   • (n) the construction and fittings of, and the equipment to be carried by, public vehicle, whether generally or in specified areas or on specified routes ;
4. (0) the safe custody and disposal of property left in public vehicles ;
   • (p) the couveyance 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 K for such purposes;
   • (q) the requirements which shall be complied with in the cons- truction or use of any stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat and the duties and conduct of such staff, and gewerally for maintaining such stands and place in a serviceable and clean conditions
   • (r) requiring the person in charge of a public vehicle to carry any person tendering the legal or customary fare H
5. (8) the inspection of public vehicles including animals used to drive them ;
   • (t) the records to be maintained and the returns to be furnished by the owners of public vehicles ;
   • (u) the appointment, terms of appoiatment, jurisdiction, con- trol and functions of authorities for the purpose of admi- nistering the provision of this chapter ;
     • (v) any other matter which is to ke or may be prescribed. CHAPTER—XVII OFFENCES, PENALTIES AND PROCEDURE APPLICABLE TO PART V ‘General pro- 85. Whoever contravenes and provision of Part V of this act “vision for or of any rule made thereunder shall, if no other penalty is provided for the offence, be punishabie with fine which may extend to ten ‘wader part V. rupees, or, if having been previously convicted of any offence uader this Act he is again convicted of an offence under this part of the

construction, equipment and maintenance of vehicles used on highways.

1. (2) Without prejudice to the generality of the foregoing power, oe rules may be made under this section governing any of the following matters either generally in respect of vehicles or in respect of vehicles of a particular class or description or in particular circumstances, namely §
   • (a) the width, height and length of vehicles,
   • (b) the size, nature and condition of wheels and tyres,
   • (c) brakes,
   • (d) lamps and reflectors, (¢) warning devices,
   • (f) the inspection of vehicles by prescribed authorities,
   • (g) regulating the particulars exhibited on vehicles and the maoner in which particulars shall be exhibited, CHAPTER—XVI CONTROL OF PUBLIC VEHICLES

of the use of public vehicles. make rules;

1. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing anv of the following matters either generally or in respect of public vehicles of a particular class or description or in particular circumstances, namely :
   • (a) the issue, renewal, modification or cancellation of permits and the transfer of permits from OBe person to another; (b). the issue, remewal or cancellation of driving licences; ’ (c) the issue of duplicate copies in place of permits and driving licences mutilated, defaced, lost or destroyed; 38
   • (d) the preferring of appeals by persons aggrieved by the refusal of the authority competent to grant or renew a permit or a driving licence. or to transfer a permit or by the cancellation or modification of a permit or the cancellation of a driving licence, and the hearing and conduct of such appeals ;
   • (e) the documents, plates and marks to be carried by public vehicles, the manner in which they are to be carried and the language in which such documents are to be expressed ;
   • (f) the badges and uniforms to be worn by drivers ;
2. (2) the fees to be paid in respect of permits, driving licences, duplicate copies of permits or driving licences, plates, badges, and appeals preferred under this Chapter ;
   • (bh) the production of permits and driving licences te‘ore specified officers for purposes of inspection ;
     • (i) the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles;
   • (j) the limiting of the number of public vehicles or public vehicles of any specified class or description for which permits may be granted in any specified area, or on any specified route or routes §
   • (k) the fixing of maximum or minimum fares or freights §
     • (I) the minimum number of passengers or the maximum quantity of goods that may be carried in a public vehicle;
   • (m) the conditions subject to which passengers’ luggage of goods may be carried on public vehicle ;
   • (n) the construction and fittings of, and the equipment to be carried by, public vehicle, whether generally or in specified areas or on specified routes ;
3. (0) the safe custody and disposal of property left in public vehicles ;
   • (p) the couveyance 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 K for such purposes;
   • (q) the requirements which shall be complied with in the cons- truction or use of any stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat and the duties and conduct of such staff, and gewerally for maintaining such stands and place in a serviceable and clean conditions 39
   • (r) requiring the person in charge of a public vehicle to carry any person tendering the legal or customary fare H
4. (8) the inspection of public vehicles including animals used to drive them ;
   • (t) the records to be maintained and the returns to be furnished by the owners of public vehicles ;
   • (u) the appointment, terms of appoiatment, jurisdiction, con- trol and functions of authorities for the purpose of admi- nistering the provision of this chapter ;
     • (v) any other matter which is to ke or may be prescribed. CHAPTER—XVII OFFENCES, PENALTIES AND PROCEDURE APPLICABLE TO PART V ‘General pro- 85. Whoever contravenes and provision of Part V of this act “vision for or of any rule made thereunder shall, if no other penalty is provided for the offence, be punishabie with fine which may extend to ten ‘wader part V. rupees, or, if having been previously convicted of any offence uader this Act he is again convicted of an offence under this part of the Act, with fine which may extend to fifty rupees.

Whoever drives a vehicle or animal on a highway at a Driving speed or in a manner which is dangerous to the public, having regard reckiessly or to all the circumstances of the case including the nature, condition dangerously. and use of the highway where the vehicle or animal is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the highway, shall be punishable on a first conviction for the offence with five Which may extend to One hundred rupees and for a subsequent offence with fine which may

extend to two hundred rupees. ‘Power of 87. (1) A police officer in uniform or other authority outho- arrest rised in this behalf by the State Government may arrest

without without warrant—

1. (a) any person who being required under the provisions of Part V of this Act to give his name and address refuses to do so, or gives a name or address which the police officer or other authority has reason to believe to be false, or
2. (b) any person concerned in an offence under Part V of this Act or reasonably suspected to have been 80 concerned, if the police officer or other autho- rity has reason to believe that he will abscond or otherwise avoid the service of summons. |

1. (2) A police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle or animal. 88. (1) A court taking cognizance of an offence under this Act piace if may state upon the summons to be served on the ac- cases. cused person that he—
   • (a) may appear by pleader and not in person, Of
   • (b) may bea specified date prior to the hearing of the charge plead guilty to the charge by registered Jetter and remit to the court such sum as the court may specify.
2. (2) Where an accused person pleads guilty and remits the sum specified no further proceedings in respect of the offence shall be taken against him. 89, (1) The Manipur Highways Ordinance 1979 shall stand repeated on the day this Act comes into force.
3. (2) Anything done and any step taken (including order, scheme, rule, form or notice) and any action talgen under the repeated Act shall in so far it is not inconsis tant with the privisions of this Act be treated as to have been done ‘and acted under the provisions 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 Schedule to the Motor Vehicles Act, 1939 except as follows :

Sign No. I — “Speed limit” and Sign No, 7 — “use of sound signals prohibited” to be deleted. Sign No. 2 — “weight limit” for the definition plate mar- king “axles over . ......tone” sigos indicating particular classes of traffic to be substituted. pat C — Informatory signs. No. 3 — “end of speed Limit”? to be deleted. To No.4 — “parking sign”, signs indicating particular classes of traffic to te 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 which is 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 traffic 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 traffic, 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 other case give way to all traffic approaching the intersection on his right hand. 8. The driver of a vehicle or animal shall : (a) when turning to the left, drive as close as may be to the Jeft hand side of the road from which he is making the turn and of the road which he is entering. . (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 such a manner that" (i) so far as may be practicable it passes 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 to drive to the right hand side of the road in order to pass another vehicle or for any other purpose, the driver of a vehicle shall extend 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 behind. 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 arm or the whip as the case i may be backwards and forwards in a semi-circular motion. — Printed by the Director, Ptg. & Sty., Manipur/400-C/5-12-79. .