The Rajasthan State Highway Act, 2014
Chapter 1 PRELIMINARY
Infrastructure2014107 sections12 chapters
Chapter 1 PRELIMINARY
1. Short title, extent and commencement
Statutory text
- • (1) This Act may be called the Rajasthan State Highways Act, 2014. (2) It extends to the State of Rajasthan. (3) Itshall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision: Provided further that the state Government shall appoint such date for commencement of the provisions of section 5 to 15 and sub-section (6) of section 60, after inclusion of this Act in the fourth Schedule of the Land Acquisition Act, 2013 under subsection (2) of section 105 thereof.;
Chapter 1 PRELIMINARY
2. Definitions
Statutory text
- • Inthis Act, unless the context otherwise requires,- (a) Authority means the Rajasthan State Highways Authority constituted under section 44; (b) building includes any erection of whatsoever material and in whatsoever manner constructed (including a farm-building for agricultural purposes) and also includes plinths, door steps, walls (including compound walls and fences) advertisement boards and the like; (c) Chairperson means the Chairperson of the Authority; (d) competent authority means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification; (e) Collector means the Collector of a District and includes any officer specially appointed by the State Government to perform the functions of a Collector under this Act; (f) control zone means the area of land appurtenant to a highway and situate within the distance specified in sub-section (I) of section 20; (g) concession means the rights and obligations specified in a contract in a entered into between the State Government or the Authority, as the case may be, and any person for development, financing and operation of a state highway or part thereof, and includes a contract for operation of, and levy and collection of fee on, a state highway; (h) concessionaire means a person who has entered into a contract with the State Government or the Authority, as the case may be, for and in respect of a concession; (i) development, in relation to a state highway, includes its designing, construction, renovation, refurbishing, augmentation, upgradation and other activities incidental thereto, and develop shall be construed accordingly; (j) Divisional Commissioner means the Commissioner of a Division and includes any officer specially appointed by the State Government to perform the functions of a Divisional Commissioner under this Act; . (k) encroachment means unauthorised occupation of any highway or part thereof and includes- (i) the erection of a building or any other structure, balconies, thresholds, porches or projections on, over or overhanging the highway; (ii) occupation of highway beyond the prescribed period, if any, for stacking materials or goods of any description or for exhibiting articles for sale, or for erecting poles, lawnings, tents, pandals, and other similar erection, or for parking vehicles or stabling domestic animals, or for any other purposes; and (iii) excavations or embankments of any kind made or extended on any highway land; (1) erect, with all its grammatical variations, in relation to a building, means to construct, reconstruct, extend or alter structurally a building; (m) excavation, in relation to a piece of land, means piercing the surface of that piece of land and includes digging of wells and tanks; (n) expressway means a highway having a controlled access thereto with a limited number of intersections and a divider between lanes for traffic moving in opposite directions; (0) highway or state highway means any road for the time being declared as a state highway under section 3 and shall include all land situate within the boundaries of such road; (P) land includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (q) Land Acquisition Act, 2013 means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of2013) and includes any modification, amendment or re-enactment thereof; (r) member means a member of the Authority appointed under section 44 and includes the Chairperson; (s) occupier includes - (i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or payable; (ii) an owner living in or otherwise using the premises; (iii) a rent free tenant; (iv) a licensee in occupation of any premises; and (v) any person who is liable to pay to the owner damages for the use and occupation of any premises; (t)operation, in relation to a highway, includes its maintenance, repair, modification, improvement, management and regulation, and operate shall be construed accordingly; (u) owner, means and includes,- (I) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes- (i) an agent, manager or trustee, by whatever name called, who has control over the premises or who receives rent on behalf of the owner; (ii) an agent, manager or trustee who receives the rent of, or is entrusted with, or concerned with, any premises devoted to religious or charitable purposes; (iii) receiver, sequestrator or manager appointed by any court of competent jurisdiction; and (iv) a mortgagee in possession; (2) when used with reference to an institution or a body corporate, the principal officer of such institution or body corporate; (3) when used with reference to a vehicle, the person who own or controls that vehicle; (v) person shall include any company or association or body of individuals, whether incorporated or not ; (w) prescribed means prescribed by rules made under this Act; (x) regulations means regulations made by the Authority under this Act; (y) rules means rules made by the State Government under this Act; (z) State Government means the Government ofthe State of Rajasthan; (za) survey includes all operations incidental to the detennination, measurement and record of a boundary or boundaries or any part of a boundary and also includes a resurvey: (zb) Schedule means schedule of this Act; (zc) user means a person wbo is authorised to use a highway under the provisions of this Act and includes any person who uses a highway in discharge of his functions and duties under any law for the time being in force; (zd) vehicle means and includes a vehicle of every description of carriage or other artificial contrivance used, or capable of being used, as means of transportation on land; and (ze) wayside amenities means and includes hotel, motel, restaurants, service stations, hospitals, trauma centres, shopping complexes, office complexes, transport and tourism facilities, warehousing, logistic hubs, entertainment complexes, associated services, residential premises and other amenities or facilities that may be useful for travellers and for areas surrounding a highway.
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