Vidhi Codex

section 46

Purpose.

The Manipur Highways Act, 1979
Infrastructure197947 sections4 chapters
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Part IV MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

Statutory text
  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

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