Chapter XII MISCELLANEOUS

(1) The State Government may, by notification direct that any power exercisable by it (except the powers conferred by section 91) under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by the Authority or any other authority or by an officer of the State Government or the Authority, as may be specified in the notification. (2) Where the Act so provides, the State Government may, by order authorise such- (a) gazetted officer of the State Government; or (b) officer of the Authority, equivalent to a gazetted officer of the State Government, to exercise such powers and discharge such functions of the State Government as may be specified in the order. (3) The State Government may specify in the order made under sub-section (1) or sub-section (2), the limits of the highway within which or the length of the highway on which an officer appointed under that sub-section shall exercise the powers and discharge the functions. (4) The State Government may by notification authorise such employee of the concessionaire or any other person, as it deems suitable, to regulate traffic under this Act and to exercise such powers and discharge such functions in respect thereof as may be specified in the notification, and any person acting in pursuance of such notification shall be deemed to be the authority or the authorised officer under that Act for the purposes of exercising the powers and discharging the functions specified in such notification.

Every District Road Safety Council shall submit such reports and returns and furnish such information to the State Government, as may be required from time to time, and the State Government shall compile and cause to be laid a consolidated report before the House of the State Legislature for and in respect of each year.

Save as otherwise expressly provided in this Act, every order made or any action taken by the State Government or the Authority or an officer authorised in this behalf by the State Government or the Authority, as the case may be, shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act on the State Government, Authority or the officer authorised in that behalf.

(1) Any person aggrieved by a decision or order of any officer authorised by the State Government in that behalf may file an appeal to the Divisional Commissioner having jurisdiction, within sixty days from the date of communication of the decision or order to him: Provided that the Divisional Commissioner may, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. (2) Any person aggrieved by a decision or order of any officer authorised by the Authority in that behalf may file an appeal to a Member of the Authority designated by the Authority in this behalf, within sixty days from the date of communication of the decision or order to him: Provided that such Member of the Authority may, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. (3) Any person aggrieved by a decision or order of the Divisional Commissioner or Member of the Authority, as the case may be, may file an appeal to the High Court within sixty days from the date of communication of the decision or order to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

Save as provided in this Act, no appeal shall lie in any court or other authority and no civil court shall have any jurisdiction in respect of any matter in respect of which the State Government or the Authority, or any officer authorised by the State Government or the Authority in that behalf is empowered by or under this Act and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Act.

An officer authorised in this behalf under this Act shall, if he decides to make any inquiry for the purposes of this Act, make a summary inquiry in such manner as may be prescribed.

All members, officers and employees of the Authority or the concessionaire shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of relevant sections of Bharatiya Nyaya Sanhita (BNS) 45 of 2023.

Every police officer shall forthwith furnish information to the nearest officer of the Authority or any officer subordinate thereto of any offence under this Act coming to his knowledge and shall be bound to assist the Authority and its officers and employees in the exercise of their lawful authority.

Wherever any village headman, village accountant, village watchman or other village official, by whatever name called, becomes aware of any offence involving unauthorised occupation, damage or destruction of a highway, he shall forthwith inform the nearest police station or the nearest office of the Authority or any officer authorised in this behalf by the State Government or the Authority, the commission of such offence and shall also be duty bound to assist the State Government or the Authority and such authorised officer in prosecuting the offender of the offence.

Subject to any rules made in this behalf, any person, generally or specially authorised by the State Government or the Authority in this behalf, may, whenever it is necessary so to do for any of the purposes of this Act, at all reasonable times, enter upon any land or premises, and- (a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such boundaries and lines by placing marks and cutting trenches; or (f) do such other acts or things as may be prescribed: Provided that no such person shall enter any boundary or any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours’ notice in writing of his intention to do so.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the State Legislature makes any modification in the rule or resolves that the rule or regulations should not be made, the rule or regulations, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.