Where the highway authority is satisfied that the surface Prohibition

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