Chapter 8 PROPERTY AND CONTRACTS OF THE AUTHORITY

The State Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such highway or any section thereof as may be specified in such notification.

1. (1) On and from the date of publication of the notification under section 55,- (a) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, on behalf of, with, or for, the State Government, immediately before such date for or in connection with the purposes of any highway or any section thereof vested in, or entrusted to, the Authority under that section, shall be deemed to have been incurred, entered into and engaged to be done by, with, or for, the Authority; (b) all non-recurring expenditure incurred by or for the State Government for or in connection with the purposes of any highway or any section thereof, so vested in, or entrusted to, the Authority, up to such date and declared to be capital expenditure by the State Government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the State Government to the Authority; (c) all sums of money due to the State Government in relation to any highway or any section thereof, so vested in, or entrusted to, the Authority immediately before such date shall be deemed to be due to the Authority; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against the State Government immediately before such date for any matter in relation to such highway or any section thereof may be continued or instituted by or against the Authority. (2) If any dispute arises as to which of the assets, rights or liabilities of the State Government have been transferred to the Authority, such dispute shall be decided by the State Government.

Any land required by the Authority for the purposes of this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under sections 5 to 15 in Chapter II of this Act, as if it is an acquisition for and on behalf of the State Government.

Subject to the provisions of section 59, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act and such contracts may include long-term concessions for designing, construction, financing and operation of highways.

1. (1) Every contract shall, on behalf of the Authority, be made by the Chairperson or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or classes of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the State Government may prescribe in this behalf shall be made unless it has been previously approved by the State Government: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding one year shall be made without previous approval of the State Government. (2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be specified by regulations. (3) No contract which is not in accordance with the provisions of this Act and the rules or regulations made thereunder shall be binding on the Authority.