Chapter 9 FUNCTIONS OF THE AUTHORITY

1. (1) Subject to the rules made by the State Government in this behalf, it shall be the function of the Authority to develop and operate the highways or other roads vested in, or entrusted to, it by the State Government: Provided that the Authority may carry out any of its functions either by itself or through a concessionaire. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority may, for the discharge of its functions, either itself or through other entities - (a) survey, develop and operate highways vested in, or entrusted to, it; (b) construct offices, workshops and other buildings necessary for discharge of its functions; (c) subject to the provisions of Chapter VIII of the Motor Vehicles Act, 1988 ( Central Act No. 59 of 1988) regulate and control the plying of vehicles on the highways vested in, or entrusted to, it for the safe and orderly operation thereof; (d) establish and maintain wayside amenities at or near the highways vested in, or entrusted to it; (e) lease, sub-lease, licence or sub-licence the wayside amenities or the land required for construction or operation thereof by other entities; (f) promote and enable the development of habitations, townships or industrial corridors in the vicinity of the highways, including acquisition of land for this purpose; (g) develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development and operation of highways or any facilities thereat; (h) form one or more companies under the Companies Act, 2013(Central Act No. 18 of 2013) to further the efficient discharge of the functions imposed on it by this Act; (i) assist, on such terms and conditions as may be mutually agreed upon, any State Government in the formulation and implementation of schemes for highway development; (j) collect fees on behalf of the State Government for services or benefits rendered under section 18 of this Act, and such other fees on such terms and conditions as may be specified by the State Government; (k) undertake projects for promoting road safety and install equipments and devices to enhance road safety; (l) undertake measures associated with road safety, including timely responses for provision of ambulances and trauma care; (m) undertake and promote studies and research relating to road safety; (n) undertake road safety awareness programmes and conduct training and orientation courses on traffic regulation and road safety; and (o) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act. (3) Subject to the provisions of this Act and the rules made there under, the Authority may regulate the operation of highways by regulations to be made for and in respect of - (a) upkeep and inspection of highways; (b) safety of users; (c) road safety standards and procedures; (d) the manner of preventing obstructions on highways; (e) the manner of prohibiting the parking or waiting of vehicles on highways, except at places earmarked for this purpose; (f) the manner of prohibiting or restricting access to any part of the highway; (g) the manner of regulating or restricting advertisements on and around highways; and (h) generally for the efficient and proper operation of highways. (4) Nothing contained in this section shall be construed as - (a) authorising the disregard by the Authority of any law for the time being in force; or (b) authorising any person to institute any proceeding in respect of a duty or liability to which the Authority or its officers or other employees would not otherwise be subject under this Act. (5) The Authority may engage, or entrust any of its functions to, any person on such terms and conditions as may be specified by regulations or as may be approved by the State Government, including award of concessions for development, financing and operation of highways, or for operation of highways and collection of fees. (6) Without prejudice to the generality of the provisions of sub-sections (1) and (2), the Authority may, in consultation with the State Government, plan, promote and enable the development of the habitations, townships or industrial corridors, in the vicinity of the highway with the objective of accelerating the economic development of such areas and for optimizing the benefits of a highway. Such habitations, townships and industrial corridors shall be developed with prior approval of the State Government and on such terms and conditions as may be specified in such approval. The Authority may, after issue of the notification under sub-section (3) of section 1, acquire land for development of such habitations, townships or industrial corridors as if such acquision is for the purpose of a highway. (7) The Authority may advise the State Government on any matter relating to or associated with - (a) policies in respect of the development and operation of highways; (b) policies and rules relating to road safety; and (c) road safety standards and procedures.

In the discharge of its functions under this Act, the Authority shall act, so far as may be, on business principles.

The Authority may undertake to carry out on behalf of the State Government or any local authority any works or services or any class of works or services on such terms and conditions as may be agreed upon between the Authority and the State Government or the local authority concerned.

1. (1) The Authority shall maintain authoritative plans for the highways entrusted to it under this Act. (2) The plans referred to in sub-section (1) shall show the boundaries of the highway, the detailed measurements of road widths, the distances between boundary marks and sufficient measurements from fixed points to enable the refixation of the position of boundary marks, in case they have been displaced or tempered with. (3) The Authority shall have all such authoritative plans prepared after having a survey made of the highway and their boundaries in the manner prescribed.

1. (1) The Authority shall have the boundaries of the highways in its charged marketed with reference to the authoritative plans maintained by it, by planting stones or other suitable marks of durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shows the road boundary correctly. (2) Where there are bends or kinks in the road boundary, the stones or marks shall be so located as to give the correct configuration of the boundary if they are joined by straight lines. (3) The boundary stones or marks, which may be given consecutive numbers, shall be maintained on the ground as if they constitute part of the highway. (4) The Authority shall conduct regular check of the boundaries of the highways entrusted to it for the purpose of removing unauthorised encroachments, if any. (5) When an unauthorised encroachment has been made on the highway, the Authority shall take immediate steps as specified in section 42 for the removal thereof.

Notwithstanding anything to the contrary contained in this Act, all powers to be exercised, and the functions and duties to be discharged, by the State Government under sections 28 to 43 in Chapters IV, V and VI of this Act shall be exercised or discharged by the Authority for and in respect of the highways vested in, or entrusted to it under section 55, and for this purpose, the Authority may authorise any of its officers to exercise such powers or discharge such functions and duties as it may deem fit.

1. (1) Without prejudice to the other provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the State Government may give to it in writing from time to time. (2) The decision of the State Government whether a question is one of policy or not shall be final.