Chapter 12 MISCELLANEOUS

Notwithstanding anything to the contrary contained in the Rajasthan State Road Development Fund Act, 2004 (Act No. 13 of 2004), the State Government shall, in accordance with the provisions of section 9 of that Act, earmark at least fifty per cent of the funds collected under that Act in any year, for the development and maintenance of state highways, and the provisions of that Act shall be deemed to be amended to the extent specified in this section.

1. (1) The State Government may, by notification in the Official Gazette, direct that any power exercisable by it (except the powers conferred by section 102) 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 in the Official Gazette, 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.

1. (1) The State Government may, by notification in the Official Gazette, constitute a Council to be called the District Road Safety Council in every district in the State. (2) Every District Road Safety Council shall consist of the following members, namely:- (a) the District Collector -ex-officio; who shall be the Chairman of the Council; (b) the District Superintendent of Police -ex-officio; (c) the Superintending Engineer (Roads and Bridges) having jurisdiction over the district -ex-officio; (d) an officer of the Authority having jurisdiction over the district to be nominated by the Chairperson of the Authority -ex-officio; (e) an officer of the National Highways Authority of India to be nominated by the Chairperson of that Authority -ex-officio; (f) the regional transport officer having jurisdiction over the headquarters of the District -ex-officio; who shall be the Member-Secretary of the Council; (g) an expert in the field of road safety, to be nominated by the State Government; and (h) a person representing a non-government organisation having experience in road safety matters, to be nominated by the District Collector. (3) The District Road Safety Council shall exercise such powers and perform such functions, as the State Government may, from time to time, delegate under this Act.

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. (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 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. (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 (Central Act No. 5 of 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 section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

1. (1) No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. (2) No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder

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.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner for maintaining records in which lands are shown and the manner of proving claim for correction of such records, under sub-section (2) of section 4; (b) the manner of depositing of amount of compensation, under sub-section (1) of section 8; (c) the manner and terms of determining the amount of compensation, under sub-section (1) of section 11; (d) the manner of depositing the amount by the State Government, under sub-sections (1) and (6) of section 13; (e) the development and operation of a highway by the Authority or any officer or authority subordinate to the State Government, under sub-section (1) of section 16; (f) upkeep and inspection of highways, under clause (a) of sub-section (2) of section 16; (g) safety of users, under clause (b) of sub-section (2) of section 16; (h) road safety standards and procedures, under clause (c) of sub-section (2) of section 16; (i) the manner of preventing obstructions on the highway, under clause (d) of sub-section (2) of section 16; (j) the manner of prohibiting parking or waiting of vehicles on highways, under clause (e) of sub-section (2) of section 16; (k) the manner of prohibiting or restricting access to any part of the highway, under clause (f) of sub-section (2) of section 16; (l) the manner of regulating or restricting advertisements, under clause (g) of sub-section (2) of section 16; (m) matters generally for the efficient and proper operation of highways, under clause (h) of sub-section (2) of section 16; (n) the rates at which fees for services rendered in relation to the use of a highway may be levied, the exemption from payment of fees for vehicles engaged in specified public purposes, and the manner and form in which such fees shall be tendered and collected, under section 18; (o) the manner of collecting and retaining fees, under sub-section (2) of section 19; (p) authorising the use of any class, category or location of lands, under section 20; (q) the form of application and the information to be provided therein for constructing building or other work in the control zone, under sub-section (2) of section 21; (r) the form of application and quantum of fees to be accompanied therewith and the terms and conditions for permission, under sub-section (2) of section 30; (s) the form of licence, the period and the manner of renewal of such licence, under sub-section (3) of section 30; (t) the limit of laden weight and the provisions subject to which the plying of vehicles on the highways may be prohibited, under section 33; (u) the traffic signs to be placed or erected, under section 36; (v) the safety and control for allowing any vehicle or animal to stand or proceed on a highway under sub-section (1) of section 38; (w) the form of application, under sub-section (2) of section 39; (x) the fees and other charges to be imposed, under sub-section (3) of section 39; (y) the conditions subject to which, the rent and other charges on payment of which and the form in which the permit may be issued, under sub-section (2) of section 40; (z) the conditions, payment of rent and other charges for grant of lease or licence of highway land, under section 41; (za) the feasible cost for making construction including alteration of any construction, under sub-section (7) of section 42; (zb) the additional matter in respect of which an officer authorised by the State Government may exercise the powers of a civil court, under sub-section (8) of section 42; (zc) the form of bill for removal of unauthorised occupation of highway land, under sub-section (2) of section 43; (zd) the conditions of service of members, under section 45; (ze) the terms and conditions for non-recurring expenditure being treated as capital, under clause (b) of sub-section (1) of section 56; (zf) the value of contract, under sub-section (1) of section 59; (zg) the manner in which the survey of the highway and its boundaries is to be made, under sub-section (3) of section 63; (zh) the form and the time within which the Authority shall prepare its budget, under section 69; (zi) the manner in which the Authority may invest its funds, under section 70; (zj) the form and time within which the Authority shall prepare its annual report, under section 72; (zk) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor’s report thereon shall be furnished to the State Government, under section 73; (zl) the conditions to be fulfilled by a person who is authorised, under sub-section (2) of section 83; and (zm) the manner of summary inquiry, under section 96.

1. (1) The Authority may, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: (a) the time, place and rules of meetings, under sub-section (1) of section 48; (b) terms and conditions of employment of officers and other employees, under sub-section (1) of section 52; (c) terms and conditions of employment of advisers or consultants, under sub-section (2) of section 52; (d) the class or classes of contracts, under sub-section (1) of section 59; (e) the form and manner of contract, under sub-section (2) of section 59; (f) upkeep and inspection of highways, under clause (a) of sub-section (3) of section 60; (g) safety of users, under clause (b) of sub-section (3) of section 60; (h) road safety standards and procedures, under clause (c) of sub-section (3) of section 60; (i) the manner of preventing obstructions on the highways, under clause (d) of sub-section (3) of section 60; (j) the manner of prohibiting the parking or waiting of vehicles on highways, except at places earmarked for this purpose, under clause (e) of sub-section (3) of section 60; (k) the manner of prohibiting or restricting access to any part of the highway, under clause (f) of sub-section (3) of section 60; (l) the manner of regulating or restricting advertisements on and around highways, under clause (g) of sub-section (3) of section 60; (m) matters generally for the efficient and proper operation of highways, under clause (h) of sub-section (3) of section 60; (n) the terms and conditions for operation of highways and collection of fees, under section (5) of section 60; and

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.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make an order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Rajasthan State Legislature.

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.

1. (1) The Rajasthan Highways Act, 1995 (Act No. 27 of 1995) and the Rajasthan Road Development Act, 2002 (Act No. 5 of 2002) are hereby repealed. (2) Notwithstanding anything contained in sub-section (1) but without prejudice to the provisions of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955), any rule, notification, or order made or issued or any contracts entered into or any fee levied or rates fixed under the Rajasthan Road Development Act, 2002 (Act No. 5 of 2002) shall, so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are repealed or superseded by any rule, notification, order or contract, as the case may be, made, issued or entered into under this Act.