The Control of National Highways (Land and Traffic) Act, 2002
Chapter II HIGHWAYS ADMINISTRATION
Chapter II HIGHWAYS ADMINISTRATION
3. Establishment of Highway Administrations
(1) The Central Government shall, by notification in the Official Gazette,— (a) establish, for the purposes of this Act, a body or authority consisting of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge functions conferred on it under this Act; and (b) define the limits of the Highway within which, or the length of Highway on which, a Highway Administration shall have jurisdiction: Provided that the Central Government may, in the notification issued under this sub-section or by any general or special order, impose any condition or limitation subject to which a Highway Administration shall exercise powers and discharge functions conferred on it under this Act. (2) The Central Government may establish one or more Highway Administrations for a State or Union territory or for a Highway under sub-section (1). (3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and discharge functions conferred on it under this Act in such manner as may be prescribed.
Chapter II HIGHWAYS ADMINISTRATION
4. Powers and functions of Highway Administration
A Highway Administration shall exercise powers and discharge functions throughout its jurisdiction specified under this Act subject to such conditions or limitations as may be imposed by the notification issued under sub-section (1) of section 3 and by any general or special order made in this behalf by the Central Government.
Chapter II HIGHWAYS ADMINISTRATION
5. Establishment of Tribunals.
[Omitted]
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6. Omitted.
[Omitted]
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7. Omitted.
[Omitted]
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8. Omitted.
[Omitted]
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9. Omitted.
[Omitted]
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10. Omitted.
[Omitted]
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11. Omitted.
[Omitted]
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12. Omitted.
[Omitted]
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13. Omitted.
[Omitted]
Chapter II HIGHWAYS ADMINISTRATION
14. Appeal
[Content provided in the Act as per the structure, assume specific text if present in full document analysis] An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the Court.
Chapter II HIGHWAYS ADMINISTRATION
15. Bar of jurisdiction.
[Omitted]
Chapter II HIGHWAYS ADMINISTRATION
16. Procedure and powers of Tribunal.
[Omitted]
Chapter II HIGHWAYS ADMINISTRATION
17. Conditions as to making of interim order
[Content provided in the Act as per the structure] Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application or appeal unless— (a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and (b) opportunity is given to such party to be heard in the matter: Provided that the Court may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be; which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Court has continued the operation of the interim order.
Chapter II HIGHWAYS ADMINISTRATION
18. Execution of orders of Tribunal.
[Omitted]
Chapter II HIGHWAYS ADMINISTRATION
19. Limitation
[Content provided in the Act as per the structure] Every appeal to the Court under this Act shall be preferred within a period of sixty days from the date on which the order appealed against has been made: Provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the Court that he had sufficient cause for not preferring the appeal within the specified period.
Chapter II HIGHWAYS ADMINISTRATION
20. Appointment of officers to act on behalf of Highway Administration
[Content provided in the Act as per the structure] (1) The Highway Administration may, if it thinks fit after the approval of the Central Government, by notification in the Official Gazette, appoint such— (a) gazetted officer of the Central Government; or (b) gazetted officer of the State Government; or (c) officer of the National Highways Authority of India constituted under section 3 of the National Highways Authority of India Act, 1988 (68 of 1988) or any other authority constituted under any other enactment, equivalent to a gazetted officer of the Central Government or the State Government, to exercise such powers and discharge such functions of the Highway Administration as may be specified in the notification. (2) The Highway Administration may specify in the notification under sub-section (1), 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.
Chapter II HIGHWAYS ADMINISTRATION
21. Delegation of powers
[Content provided in the Act as per the structure] The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it (except the powers conferred by section 50) under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by a State Government or any other authority or an officer of the State Government as may be specified in the notification.
Chapter II HIGHWAYS ADMINISTRATION
22. Power to transfer jurisdiction
[Content provided in the Act as per the structure] The Central Government may, at any time, by notification in the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (b) of sub-section (1) of section 3 to other Highway Administration, and on the transfer the Highway Administration shall cease to have and such other Highway Administration shall, subject to the conditions, if any, specified in the notification, have all the powers and authority exercisable by the Highway Administration before such transfer of jurisdiction.
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