Chapter 5 REGULATION OF TRAFFIC

1. (1) Notwithstanding anything contained in this Act, subject to the provisions of Chapter VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988) an officer authorised by the State Government in this behalf shall have the power to regulate and control the plying of vehicles on the highway for the proper management thereof. (2) If at any time the officer authorised by the State Government in this behalf is satisfied on the information received by it or otherwise that any highway or any part thereof is or has become congested or unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, either close the highway or such part thereof to all traffic or to any class of traffic, or regulate the number and speed of vehicles to be used on the highway or such part thereof, as the case may be, in the manner as it may deem fit.

Where the officer authorised by the State Government in this behalf is satisfied that the surface of a highway or any part thereof, or any bridge, culvert or causeway built on or across the highway is not designed to carry vehicles of which the laden weight exceeds a prescribed limit, it may, subject to such rules as may be made in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or part thereof or such bridge, culvert or causeway, as the case may be.

Where, in exercise of the powers under section 32 or section 33, the officer authorised by the State Government in this behalf considers it proper for the purposes of that section to temporarily close a highway or part thereof or to restrict or regulate traffic on such highway or part thereof, it may do so in the manner as it may deem fit.

1. (1) Where, in exercise of the powers under section 32, the State Government or an officer authorised by the State Government in this behalf deems it necessary in the interest of the safety of the highway to close the highway or part thereof, it may, by notification in the Official Gazette, give notice of its intention to the public to do so specifying therein the time within which the objections and suggestions received shall be considered under sub-section (3) and in addition to such notice, it shall also notify the contents of such notice in at least two State level newspapers having wide circulation, one of which shall be in Hindi language and another shall be the newspaper being circulated in such area. (2) The notice under sub-section (1) shall indicate the alternative route proposed to be provided in lieu of the highway or part thereof intended to be closed specifying therein as to whether such alternative route shall be an already existing highway or shall be newly constructed and shall also invite objections and suggestions from the persons affected on such proposal within the time and to be addressed to the officer as specified in such notice. (3) The State Government or the officer authorised by the State Government in this behalf shall, after considering the objections and suggestions, if any, received within the time specified in such notice, take a decision on the proposal for closure and shall act in accordance with such decision.

If the State Government or an officer authorised by the State Government in this behalf is satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge so to do, it may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions or conditions as may be specified in the notification, the use of any highway or part thereof by a class or classes of traffic either generally or on specified occasion or time as specified in the notification and when such prohibition or restriction is imposed, the State Government or such officer shall cause such traffic signs to be placed or erected at suitable places for the convenience of the traffic as may be prescribed: Provided that where any prohibition or restriction under this section is to be retained for a period of one month or less, such prohibition or restriction may be imposed without issuing notification in the Official Gazette: Provided further that the prohibition or restriction imposed under the first proviso shall be published widely for the knowledge of the users by other possible means.

1. (1) No person who is in charge of, or in possession of, any vehicle or animal shall, willfully or negligently, cause, or allow such vehicle or animal to cause, any damage to any highway. (2) Where, in contravention of sub-section (1), any damage has been caused to any highway, the State Government or an officer authorised by the State Government in this behalf shall have such damage repaired at the expense of the State Government, and such expenses together with fifteen per cent thereof as additional charges shall, without prejudice to any other action which may be taken against the person who has so contravened sub-section (1), be recovered from him in accordance with the provisions contained in section 43 as if such expenses and additional charges were the expenses and additional charges recoverable under that section.

1. (1) No person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway unless the same is under such safety or other control as may be prescribed. (2) Where any obstruction on the highway is caused in contravention of sub-section (1), the vehicle or animal causing such obstruction shall be caused to be towed away by the officer authorised by the State Government in this behalf and the vehicle or animal so towed away shall be taken into possession by such officer and shall be handed over to the owner thereof upon payment of the expenses incurred by such officer in such removal and shall be liable to fine imposed by such officer, which shall not be less than one thousand rupees and not more than five thousand rupees. (3) In case where the expenses and fine in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid under that sub-section, the officer authorised by the State Government in this behalf shall sell such vehicle or animal by auction and the proceeds of the auction shall be the property of the State Government. (4) Any person who has unauthorised occupation on a highway land shall be summarily evicted by the officer authorised by the State Government in this behalf in the manner specified in section 42 for removal of unauthorised occupation and shall be liable to fine imposed by such officer, which shall not be less than two thousand rupees per square meter of the unauthorisedly occupied land by him but which may be extended to the cost of private land adjacent to the highway.

1. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall construct, install, shift, repair, alter or carry any poles, pillars, advertisement towers, transformers, cable wire, pipe, drain, sewer, canal, railway line, tramway, telephone boxes, repeater station, street, path or passage of any kind on a highway or across, under or over any highway except in accordance with the prior permission in writing of the State Government or an officer authorised by the State Government in this behalf. (2) Any person who intends to obtain the permission under sub-section (1) shall make an application in the prescribed form to the officer authorised by the State Government in this behalf, containing therein the purpose and period of occupancy of a highway, location and part of the highway to be occupied, method of execution of work, period of construction and method of restoration of such part of the highway. (3) The officer authorised by the State Government in this behalf shall consider the application made under sub-section (1) and if it is satisfied that there is no alternative where land can be found to locate the public utility at a site other than the highway in respect of which the permission is sought under the application, it may give permission in writing as sought in the application: Provided that while giving such permission, such officer may impose such conditions as it may deem fit to protect- (i) the highway from damage; and (ii) the traffic on the highway from obstruction, and may also impose such fees and other charges as may be prescribed on the person to whom such permission is given in respect of any land forming part of the highway, occupied or applied to the proposed work or construction under permission and also impose on such person the expenditure, if any, incurred by the State Government or such officer for repairing any damage caused to the highway by laying or shifting of any structure, article or equipment under the permission. (4) If any person, in contravention of sub-section (1), makes any construction or carries out any other work, the officer authorised by the State Government in this behalf may, at the expense of the State Government, cause such construction or other work to be removed from the highway and restore the highway in the condition as it was immediately before giving permission for such construction or other work under sub-section (3) and such expense together with fifteen per cent thereof as additional charges and fine imposed by such officer taking into account the nature of the damages caused by such construction or other work, which shall not be less than two thousand rupees per square meter of land used for such construction or other work, but shall not exceed the cost of any adjacent private land, shall be recovered from such person in accordance with the provisions contained in section 43 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section.