Chapter 11 OFFENCES AND PENALTIES

1. (1) Whoever uses a highway or part thereof for any purpose other than for which the usage of the highway is authorised by this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty thousand rupees, or with both. (2) A person entering a highway in violation of the provisions of this Act shall be guilty of criminal trespass and shall be punishable as such.

1. (1) Whoever, unauthorisedly connects any highway or part thereof with any road or passage without lawful authority shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh rupees, or with both, and in the case of a continuing offence, with a daily fine which may extend to fifty thousand rupees; and if it is proved that any means exist for causing such access, it shall be presumed, until the contrary is proved, that such access has been knowingly and willfully caused by such person. (2) Whoever obtains access to a highway or a part thereof in violation of the provisions of section 29 shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty thousand rupees, or with both.

1. (1) If any person, who has been evicted from any unauthorised occupation on a highway land under this Act, again occupies any highway land without permission for such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than two thousand rupees per square meter of the so occupied highway land but which shall not exceed two times the cost of private land adjacent to the highway land, or with both. (2) Any court, convicting a person under sub-section (1), may make an order for evicting that person from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him.

Whoever uses a highway or part thereof without payment of the fee due for such use shall be punishable with imprisonment which may extend to one month or with a fine of two thousand rupees or a fine equal to twice the fee payable for use of the highway by the offending vehicle for a distance of one hundred kilometres, whichever is higher, and such fine shall be imposed in addition to the fee due and payable under this Act and the rules made thereunder.

Subject to the provisions of Chapter VIII of the Motor Vehicles Act, 1988 ( Central Act No.59 of 1988), whoever engages in or abets driving on a highway,- (a) at a speed exceeding the maximum permissible speed on a highway by more than ten kilometres per hour of such maximum permissible speed; (b) in a state of intoxication or inebriation; or (c) a goods vehicle which exceeds its maximum permissible load by more than ten per cent thereof, shall be deemed to cause danger to the life and property of users of the highway and shall be punishable with imprisonment for a term that may extend to six months, or a fine which may extend to twenty thousand rupees, or with both.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any highway impassable or less safe for travelling or conveying property, or willfully causes damage to a highway, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both.

Whoever maliciously or willfully damages, defaces, alters, modifies or removes any road sign, signal, indicator, or apparatus on the highway shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifty thousand rupees, or with both; and if it is proved that any means exist for causing such damage, defacing, alteration, modification or removal, it shall be presumed, until the contrary is proved, that such damage, defacing, alteration, modification or removal, as the case may be, has been maliciously or willfully caused by such person.

1. (1) Without prejudice to any other provision of this Act, a vehicle which is used in the course of any offence or for violation of any provision of this Act shall be liable to seizure and impounding, together with any goods loaded on it, by an officer of the State Government, Authority or concessionaire, as the case may be, who is authorised by the State Government or by the Authority in this behalf. (2) The officer seizing vehicle under sub-section (1) shall, within twelve hours from the seizure, file a complaint of the offence in the Court having jurisdiction and report the seizure of the vehicle, together with any goods loaded in it, to the said Court and the Court shall deal with the vehicle and the goods loaded in it, if any, under Chapter XXXIV of the Code of Criminal Procedure 1973 (Central Act No.2 of 1974) (3) If a vehicle impounded under sub-section (1) is parked at any place forming part of the highway, its owner or occupier shall be liable to payment of parking charges for each hour or part thereof, which charges shall be equal to the fee payable for use of the highway by such vehicle for a distance of fifty kilometres.

1. (1) If an officer of the concessionaire authorized by the State Government or by the Authority in this behalf exercises any powers to seize or impound any vehicle under this Act, he shall comply with the following: (a) he shall wear a light blue uniform and a dark blue cap, whith his name displayed on his chest, and shall carry an identity card issued by the concessionaire and countersigned by an officer of the State Government authorized for this purpose. (b) he shall capture, or caused to be captured, the offence on a camera and show the same on demand to the person accused of such offence; and (c) he shall, within twelve hours from the seizure, file a complaint of the offence to the Court having jurisdiction and report the seizure of the vehicle, together with any goods loaded in it, to the said Court and the Court shall deal with the vehicle and the goods loaded in it, if any, under Chapter XXXIV of the Code of Criminal Procedure, 1973 (Central Act No.2 of 1974). (2) No officer of the concessionaire shall be authorised by the State Government or by the Authority to seize or impound any vehicle or conduct any search or seizure under this Act unless he is a person who has served in the police or in any armed force of the Central Government or any State Government for a period of at least 5 (five) years and has retired (not resigned or dismissed) in the rank of at least an inspector of police or equivalent and fulfills such other conditions as may be prescribed. (3) An officer of the concessionaire acting under the provisions of this Act shall be deemed to be acting on behalf of the concessionaire in pursuance of the provisions sub-section (3) of section 19 of this Act.

Whoever, fails to comply with any order or direction given under this Act by the State Government or the Authority or any officer authorised by the State Government or the Authority in this behalf, as the case may be, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made there under, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one lakh rupees, or with both, in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to twenty thousand rupees for every day during which the failure continues.

For the purposes of investigation of an offence punishable under this Act, a police officer shall have all the powers as provided in Chapter XII of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” means a whole time director in the company and in relation to a firm means a partner in the firm.

1. (1) Any officer of the State Government, Authority or concessionaire, as the case may be, authorised in this behalf by the State Government or by the Authority, may- (a) enter, inspect, break open and search any vehicle which he has reason to believe is involved in an offence under this Act; (b) search, seize and remove all such devices, instruments or articles which have been, or are being, used for such offence; and (c) examine or seize any documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under this sub-section (1) and allow the person from whose custody such documents are seized to make copies thereof or take extracts therefrom in his presence. (2) The occupant of the vehicle of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list. (3) The provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.

While adjudicating the quantum of penalties and fines to be imposed under this Act, the court shall have due regard to the following factors, namely:- (a) the amount of potential gain or unfair advantage, wherever quantifiable, made as a result of the offence; (b) the repetitive nature of the offence; and (c) the damage caused or danger posed to users of a highway or to other persons; and damage to any property or works comprising a highway.