The Kerala Highway Protection Act, 1999

113 THE KERALA HIGH\'VAY PROTECTION ACT, 1999 (Act 6 of 2000) CoNTENT<; Preamblt Sections: I Sho~ t Ttllc, Extent and Commencement 2 Defini t10ns 3 Decla1 ation of road, ways or land as htghway 4 Appointment of htghway authorities 5 Powels and funct10ns of H1ghway authority 6. Powc~· to enter on land for su,·vey in connectiOn ,...,ith a high- way scheme. 7. Preparation of scheme for highway development 8 Powe.t to do cc· tatn acts for execution of the schemes 9 Maintenance of hxghway plans 10. Dema1 acatwn of hxghway boundat ics "'r· 11 Annual check of htghway boundanes oJ 12. H1ghway deemed to be Gove1nment p.operly 13 Prevent1on of unauthorised occupation of highway ... • 14 Powe.r to g1ve d1rect10n to take ce1 ta1n measures 15 Removal of encroachment 16 Recovery of cost of removal of enc1 oachment 17. Standard width of highway ,. 18. Building hncs and cent.J al lines' 19. Restriction on use of land between highway boundary and building line 20. Restriction on use of land between building line and central line 21. Apphcation for permission 22. Removal of structure which obstruct the view or destract the attention of persons using highway 23. Regulation of tafic when highway 1s deemed unsafe 24. Pt ohibit1on of heavy vehicles on cea·tain highways etc. 25 Restriction of traffic where highway is temporarily closed / 114 26. Coruent of htghway authcwity required to do cettain \ct'l on highway 27. Prevention of damage to and repair of highway 28. Acquisition of land for highway 29. Application of certain provision to lands adjacent of th~ natural Htghways 30. General provision for punishment of offences. ~I 31. Disobediance of orde1 s, obstruction and refusal of infor mation 32. Penalty on construction of restncuon relating to laying of means of access or erecting any building etc. 33. Penalty for encroachment 34. Penalty for causing damage to highway 35 Po~er to compound offences 36. Power to make Rules 37. Constitution of appellets authority • 38. Service of notice 39. Power to delegate 40. Persons deemed to be public servants • 41. Protection of action taken in good fatth 42. Offences by companies 43. Cognizance of offences 44. Pohce Officers to assist highway authontJ.es 45. Duties of Village Officer to repast to highway authority 46. Power to utilise highway land for purpose other than road purposes 4 7. Saving as regards land under the control of Central Govern ment 48. Mode of recovery of sums payable to highway authority 49. Repeal and saving 115 THE KERALA HIGHWAY PROTECTION ACT, 1999* (Act 6 of 2000) An Acl to provzde for the protection of hcghwaJs and for the regulatzon of highway development zn the State of Kerala. Preamble.~ WH~REAS 1t is expedient to p.t-ovidc f01 the protection and development oflughways and fm the prevenuon ofribbon qevelop ment along h1ghwa) s and enc1 oachment and use of highways for purposes which will adversely affect the safety of t1 affic and proper condition of h1ghways in the State of KeJ ala, • BE it enacted In the F1ft1eth Yea1 of the Republic of India as follows: CHAPTER I Preliminary 1. Short tttle) extent and commencement.-( I) Act may be Th1~ called the Kcrala Highway Pt otectwn Act, 1999 o: (2) It extends to the whole of the State Kcrala (3) It shall be deemed to have come lLto fmce on the 17th day of November, 1999 2. Defimtzons -In this Act, unless the context otherwise requires. (a) '"animal" means any domestic or captive an1mal; (b) "appellate authonty" means an appellate authority constituted under section 3 7, ' (c) ''bUlldmg hne" means a lmc on either s1de of a highway \ as may be determ1ned by the competent authority under section 18; (d) "competent auth011ty" means any oHiccr of the Govern ment ih Pubhc Works Depat tment appointed by Government by notification in the Gazette to be the competent authority for the purposes of this Act; (e) "control line" means a hne beyond the bulld1ng line as may be dete.-rruned by the competent autho11ty under section 18; * Received the assent of the Governo:: on 20th day of January, 2000 and published in the Kerala Gazette Extraordinary No 114 dated, 20th day of Januat y, 2000. 116 • (f) "encroachment" means occupation of a highway or part thereof for purposes other than traffic and any Act wh1ch causes damage to the highway and mcludes,- (i) unauthorised erection of a buildmg or any othe1 pc-manent or temp01 ary st. ucture, balcony, porches, facades 01 P' OJectlOns on, over m overhangmg the highway, (u) occupation of hjghway fm stackmg budding mate, Ials or goods of any othe, desc 1pt1on. fot parking auto: mobdec; fo1 mamtcnance and epa1,, for exh1b1tmg 1 art1cles fo1 sale, fo,· c. ectmg poles, awnmgs, tents, panda(<;, a, ches, platfm·ms, , ostt urns, hoa1 dmgs, dtsplay boa··ds, monuments of all kmds, steps, statue~, ramps and othe, smul,lJ <;tructUl es Of stabling domestic ammals and poult1 y and cultivatlOn of any kmd includmg hol'ticultu.t e o,· fo, any othe"j pu, pose; (iit) excavation m embankment of any so, t made or extended on any htghway, (•v) dumpmg of waste and filthy matenal<; wh1ch may cause hygtcmc and env1ronmental haza1 ds, lettmg of waste .tnd polluted wate, o, dthe, effluents into the high way and u<;mg the highway fo, bathing, washmg, wa tez mg and defeca tmg; -...y I (v) blocl.mg, closmg, choking o, restnctmg water flow along the sides of the ac, oss it, either free lug}n~yav o~ flow ot gutded flow th.(ough drams, channels, con duits, scwe1 s, Cfos<; d,·ainage wo. ks such as culverts, wens, undcrtunnels, bndgcs, aqueducts; and 01 (v1) blocking Oi' closing of channels, sueams o.~ any water cou1se which pa<;sec; th1ough any p1opc, ty, either pnvate or pubhc, and foJ mmg pat t of a natural water course which may csult accumulation 1 111 of wate.r on a highway causmg damage to road c1ust; (g) "Go vet nmcne' means the Government of Ket ala (h) "highway" means any toad, way land declared as a O.t htghway under sectton 3 and mcludcs any land acqun ed or demarcated for constt uctiion of a highway, '' (i) "highway authouty" medns the htghway autho11ty appointed under section 4, (J) "natwnal h1ghway" means any nat10nal highway m the State included in the schedule to the Natxonal Highways Act, 1956 (Central Act 48 of 1956) or any highway declared as a national highway under sub-sect10n (2) of section 2 thereof; 117 (k) "prescribed" means prescribe~ by rules maqe under this A. ct· ' (1) tbbon development" means growth of buJ.ldings and "J Industrial and commercial e~tabhshments hnca1ly along a htghway wlth direct access to the highway; (m) "right of way" 1n 1elat10n to a htghway means the land wtthin lts boundanes, (n) "standatd wtdth ofh1ghway" mean~ the wtdth of a highw~y as may be specified under scct10n 17, (o) "State" means the State of Ke1:ala; (p) "survey', 1ncludes all operattons I;tctdental to the det~mi· nation, measw~ement and rccOl d of a boundat·v or bounda1 ics· for preparation and Implementation of a h1ghway · scheme or highway development and includes a rc·sUl vey, (q) "su,·vey rna,k" mean~ any ma1k or obJeCt etected, made, employed Oi specified by a h1ghway authodty to ind1cate O!' determine ' or asstst 1n dete~·mming the position or level of any pOint or po1nts; (1) "veh1cle" 1ncludes any wheeled conveyance dlawn, pro· pelled or d\ ivcn by any kmd of powe1 includmg human, ammal, motor, steam or elcco 1c power, and Includes any bat ow, plough J or hke veh1cle II CHAPfi:R Highways and Highway Authorities • 3 Declaratzon of roads, ways or land as lzzghway -(1) The Govern· ment may, by notificat•on tn the Gazette, declare any road, way or land appurtenant thereto to be a h1ghway and class1fy 1t as a State h1ghway ot• a hill htghway or a maJor d1stnct road or any other category of road Explanatlon.-For the purpose of classification of htghways under ...,/ this section, 1mpo1·tant roads w1th1n a district or adjoming distncts - 'serving areas· of production and market and connecting these with each 'other or with a State htghway or a nattonal htghway shall be considered as a maJor d1stnct road and arterial routes of t~e State linking distt1ct headquarters and tmp?rtant cities ot. towns c;>r important places of tounst 1nterest or ptlgllm centres wttlun the State and connect1ng them w1th national highways Ol lughways of neighbounng States shall be constdered ~s a State h1ghway. 3f:j34-17 118 I II be 'l {2) Eve1 y notification under sub-section (I) shall also • published by Government in at least two dally news papers having I wide circulation in the area to whtch the notificat10n relates 4. Appozntment of htghway authorztus.-For the purpose of exercising the powers and pet forming the duttes of a highway authonty unde-r thts Act for any atea or for a highway or part of a highway, the Govetnment shall appmnt, by notification, the Executive Engineer (Roads) or Executave Engineer (Nauonal Highways) of the Public Works Department as the highway authonty of the respective area 5. Powers and functtons of hzghway authonry.-Subject to the pl o. visions of this Act, the highway autho11ty 'ihall have the following powers and functions, namely - (a) to execute development schemes; (b) to control ribbon development, (c) to prevent and remove encroachment; (d) to exercise such powers and funclions as are necessary and incidental to any or all of the above matters, and (e) to exercise such other powers and functions as may be prescribed. III CHAPTER D~velopntent and Maintenance of Highway . 6. Power to enter on land for survey conructton wrth a htghway tn scheme.-( I) The h1ghway authority or any officer not below the rank of an Assistant Engmeer of Public Works Department any agency 01 authorised by the highway authority jn this behalf, may under take a su1 vey 1n connection with a h1ghway scheme and may for this purpose,- · I I I (a) enter upon any land along with his wm kmen and survey I team and take n1easurements and levels on it, y (b) mark such levels, d1g or bore into the subsoil and do all other acts necessary to ascertain whethe1 the land is suitable or not; I (c) set-out the bounda1 Jes of the proposed highway by placing survey marks and cu ttmg trenches; and (d) cut down and cleac any part of a stand1ng crop, or fence I I I m cases where survey cannot be completed, levels taken or boundaries marked otherwise 119 Provided that,- (i) no such entry 1nlo a bmlding shall be made between sunset and sunrise; (i1) no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least forty e1ght houTs' notice of the intention to make such an entry; (in) reasonable opp01 tunity and facility shall be allowed to · the woman occupying any part of a dwelling house to· withch aw; and {iv) due egard shall, so fa,· as feasible, be paid to the social 1 and rehgious customs and usages of the occupants of the premises entered into. (2) The highway authm ity or the officer or the agency refe,! ed to 1n sub-section ( 1) shall in exercise of any power conferred by that sub-section do as little damage as may be possible and compensation for such damage, if any, shall be payable by the htghway authority to the owner or occupier of such premises o1· both and in case of any dispute as to the sufficiency of the amount of compensation, the dispute shall be refeued to the Collector of the concerned district and the Collector will take a decision w1th1n thirty days. .. therem~ 7. Preparatton of scheme for hzghway development.-( I) The highway authority may, of its own accord, or shall, on the written request by the competent authority, prepare a detailed scheme for the con struction of a new highway or : ealignment ot· improvement of, or repairs to, an existing highway or part thereof and submit it to the competent authority for sanction in accordance with the provisions of this Act and the rules made thereunder. (2) Such scheme may provide for,- (a) pteparation of plans after having a survey made, (b) the acquisition of any land, which in the opinion of the highway authority is considered necessary for its execution; (c) the laying out or relay1ng out of all or any of the lands to be acquired; ' (d) d1vet sion or closure of any existing highway or a ~he part of such highway; (e) the construction or reconstruction of the roadway including its widening, levelling, surfacing, bndgtng, sewering, draining, water supply and street lighting arrangements, construcuon ; of over-bridges and underground pedes train crosses and planting of trees on its sides; 120 , (f) the laying out of foot-paths, cycle tracks and special traffic lanes fo. any kind or class of vehtcles, the designing and setting of parking bay'> and petrol filhng and sel:vice stations, the location of ad vel tisement post and bill boards, and underground ducts for accommodatmg telecommumcation cables, electric Jines, water supply pipes and such other public utilities; and (g) the lay out ofa ccess oads at suitable dtstance connecting '-.- 1 the highway or the proposed highway with the adjoining properties. (3) \Vhcn a h1ghway authOJ ity proposes to implement a new s~heme or to reahgn an existing hxghway or pat t thereof, xt shall notify the proposal m the Gazette and invite objections or suggestions with respect to the proposal before a date to be specified 1n the noti fication _ (4) The notification shall also be published tn two daily l!ewspapers, of which one shall be in the local language, having widt circulauon in the locahty where the highway is situated, and copies of su··h notification shall also be prominently displayed at least in two consprcuous places In the locality. ( 5) All objectwns and suggestiOns, 1 cceivcd befo,-e the dat~ specified in the notification, shall be conside1 ed by the htghway authority before finahsmg its pt opo<>al and submitting tt to the competent authority _. (6) The htghway authority shall, after finalisation of the proposal, submit the same to the competent authority for sanction. (7) The competent autho1ity may exther accord sanction for tHe proposal, With or w1thout modifications or reJect the proposal ana shall publish lts decision In the Gazette 8. Power to do certazn acts for executz01z of the schtmes.-When the competent authority has sanctioned the highway scheme prepared undec section 7 and provided the necessary finances for its execution, the highway authority shall proceed to carry out the work and may, for this purpose, - (a) entet into and pe1fo.rm all such corttracts on behalf of the t'ompetent authonty as may be considered necessary, (b) make arl~angemenLS fo1- the acquisition of land9 required for the scheme, (c) tutn, divert or close either tempo!·arily m· permanently ~ny eXISting htghway or portion thereof; and . (d) regulate, subject to such rules as may be prescribed in ~h1s behalf, the kind, number and spee'd of vehicles using any high~ Uray or part thereof, by means of barrier~ diversioi1 roacb or other mean~. 121 9 Mamtenance of hzghJJaJ' plans.-tl ) The highway authority shall, after havmg made a survey of each highway and its boundal'ies, prepare and ma1ntain a plan as approved by the competent authority in respect of such highway (2) A plan 1namta1ned uncle~· sub-sectJOn ( 1) shall show dearly the boundartes of the htghway, the deta1led measurements of road w1dths, the d1stance between boundary marks and ~uffic1ent measurements from fixed points to enable the re-fi.,.ation tn position ot boundary tnarks in case they have been d1splaced or tampe"red with. 10. Demarcatzon ofhzghway boundanes -(1) The highway authority shall have the boundaries of the highways 1n its charge demarcated with refeJ ence to the plans maintained by 1t under sub-section (I) of section 9, by planting stones or other suitable marks of a durable nature at intervals all along the htghway 1n such a tnanncr that the imaginat'y line JOtning such stones or marks shall show the oad 1 boundary correctly. (2) Where the. e a\ e bends or hnks in the oad boundary, 1 the stone ma1 ks shall be so located as to g1ve the <.or ·ect configura .. 0 1 tton of the boundary when they are Jomed by straight hncs (3) The boundary stones or ma1 ks, which may be g1ven consecutive numbel s, shall be maintained on the ground as tf they conStitute pa1 t of the highway. 11. Annual check of hzghway boundaTLes.-It shall be the duty of the highway autho.~ ity to conduct annual check of the boundaries of the highway In its charge with a view to locate and remove of encroachments, if any · IV CHAPTER Prevention of unauthorised occupation of Highway and Removal of Encroachments 12. Hzghway deemed to be Government property -Notwithstanding anything contained in any other law for the tune being 1n fmcc all lands forming pa,·t of a highway which has not already been vclited in the Government shall, for the purpose of this chapter, be deemed tO be Government property. 122 13 Preuent?on of unauthortsed occupatzon of htghway.-No person I shall occupy or continue to occul'y anv htghway or part of a highway I for purposes other than traffic or do any act which involves any of the activities mentioned in clause (f) of iection 2. I I 14. Power to give dzrectwn to take certain measures.-( 1) N otwi th • standing anything contained 1n any other law 'for the time being in ~- force, where the highway autho1·1ty zs satisfied that any act which involves any of the activities mention<"d in clause (f) of section 2 or sub-section (I) of section 19 done by any person before the com mencement of this Act has caused or is likely to cause accumulation of water in the highway of obstruction to the free flow of any water course or other damage to the highway, the said authority may direct such pe1 son in wnung to take such measures as may be necessary to remove any obstruction octo p1ovide for free flow ofwater. (2) Any petson who has been issued a direction under sub section (I) shall comply with 1t ·within fifteen days from the date of its receipt and such person, 1f fails to comply with the direction, shall be deemed to have contravened the provisions of section 13 of section 19, as the case may be. 15. Removal of encroachment-( 1) Where, as a result of the annual check of h1ghway boundaries made under section 11 or otherwise, the highway authority is satisfied that an encroachment has taken place on the lughway under 1ts jurisdiction, it shall serve a notice on the person responsible for the encroachment to remove the encroachment withm such tJme as may be specified 1n the notice and if the person fails to comply with the notice the highway authority or the officer authorised by it in this behalf shall cause the encroachment to be removed, with the assistance of police,· if required. (2) Whenever an encroachment is made for the purpose of exposing articles for sale or for opening temporary booth for vend ing or publicity or for other like purpo3es, the highway authority shall with the help of pohce, if n'!ce,sary, have such encroachment summarily removed. 16. Recovery of cost of removal of encroachment -Whenever a high way authority or the officer authorised by it remove any encroach ment or carry out any protecttve work 1n respect of such encroach ment, the actu~l expen::hture Incutred for such removal or protective work together with fifteen per cent of such amount as overhead charges, shall be recovered from the person responsible for the encroach- ment, in the manner ai may be prescribed. . 123 v CHAPTt.R ' Prevention of Ribbon Development along Highways and Control of Access 17. Standard width of hzghway.-The Govel'nment may, by notifi cation in the Gazette, specify the standa,·d width for each category -~ of highway. 18. Buildmg lznes and control liTUJs.-(1) The competent authonty shall detcrmme bu1lding hnc~ and control lines 1n respect of any category of highway in such a way that the distance between the middle of a highway and the bmld1ng hnc oi that between the build ing line and the conttol hne shall be fixed with due rcgatd to the requirements ofsafcty and convemence oft1affic and offuture develop ment of the highway Explanatlon.-For the purpose of th1~ sub-sectwn middle of a high· way means, 1n relation to any highway for the nnprovetnent of which plans have been prepatcd by the htghway authonty, the m1ddle of the highway as proposed to be improved 1n acco. dance with the plans, and where no such plans have been p1 epai cd, the pomt half way between the boundaries of the highway. (2) The build1ng hnes and cont1 ol hnes as determined for any category of highway or part thereof shall be pnhh'lhcd m the Gazette and in two daily news papers by the competent a_uthonty . 19. Reslrzctzon on use of land between the hzghway boundary and build ing lme -( 1) Notwithstandtng anything conta1ncd in any other law for the time being in force o: 1n any ag1 eement or other instrument, no person shall,- (a) construct, foim or lay out any means of access to or from a highway, or a compound wall without a v.,rritten permissxon of the highway authority, or (b) e ector re·erect any butlding or mate.1ally altel' the out- ''"( side so·uctural features of any existing budding includ1ng any additions; or (c) alter the level of land by lowei1ng, aising, digging or 1 filling up except with the ttten permission of the highway authority; or WJ . (d) constt·uct, fm•m or lay out any woL ks, upon land lying in between the-boundary of a highway and the build .. ing lines deteTmined in respect of that highway: 124 I Pt ~vided ~tat these 1 cst.llctton:; shall not apply to any wm k in connectlon With the repa1r, ·renewal, enlargement or maintenance or improvement of any sewer, d1ain, electnc line, p1pe, duct or other apparatus, constructed m or upon the land before the date of com· mencement of thts Act (2) Vvhere any bu1ldmg or any part the. eof lies within the area between the building Jme and the boundary of a highway, the h1ghway author•ty may, whenever such budding or part thCl·eof .....__.__ is to be rebUilt for any reason, by notice requ1re that such buildmg be set back to the bUtldmg hne if 20. Restrzctzon on use land betwee12 buzld:ng lme and control lzne. Notwlthstanding anydung contamed m any law fm· the ttme being in force, no person shall, except with the prcvwus permJsswn in wr1ting of the htghway autho\·ity ,- (a) erect or re-crect any bu1ldmg or structure or altet· the level of land by lowenng, 1·aismg, digging or filhng up, or construct, f01 m or lay out any means of access to a highway upon land lying in between the butldmg Im e and the control hne, or (b) make any change in the usc or puJ pose for which any building, constructed upon land w between the building Jme and the control hne, was ortginally mtended or auchonsed by the com~ '1"" petent authonLy 21. Applzcatzon for permzsswn -( 1) Every person desui~g to obtain the pel missiOn 1 efe, ~ ed to m sectwn 19 or section 20 shall make an application 1n wz itmg to the highway authority m such form wtth such information and togerhc. · wzth such fees as may be prescnbed, ' (Z) On rccetpt of an application under sub·sectwn (I) the h 1 ghway authonty shall, aftc1 makmg such enquiries as It ,may I I deem fit, by o1der m Wl'lting, either,- ~ I (a) g1ant perm1sswn, subject to such cond;twns, if any, as •I may be speclfied in the order; or (b) refuse to g1 ant such permission: ) ' 1/ ) I Provided that the h1ghway authoTity shall not ordmarily refuse y , ) permission fm the eJ ecuon of a bUildmg or structm e, or alteration , of level of land or a means of accesa;; to a highway which conforms u to the reqmrementc; of safety and convenience of affic on the I adjoimng h1ghwa y, O!' 1h e 'e·erection of a bUtldmg or structure : I wh1ch was m ext~tcnce on the date of commencemenLof this Act .unless .such rc-crect10n mvolvc any mate1 ial alteratwn to the outside ~ I structpral features of the building or structure. ' J I I I I I 125 (3) Where the htghway authmtty refuses to grant permission the reasons thcrefm shall be recoa ded and commumcated to the apphcant. (4) Whc_e an application fo!· pcrmtssion hac; been t·efused due to any defect of the application, the applicant may submit a fresh application to the h1ghway autho!lty rC"ctifying the defects and the h1gh"'ay authonty shall constder the apphcat10n afJ esh and pass an nrdec thereon. (5) If after the exp1ration of a pedod of rwo months fi·om tlle submission of applicatton unde1 sub~sect10n (I) or sub·se~tion ( 4), no order in wnting has been passed by the htghway authm hy, permission c;hall be deemed to have been gtanted as apphed fo ·: Provided that no such permission shall be deemed to have been granted 1f the application is fo1· the construction, fol mation o,· laying out of any 1neans of access. (6) The highway authodty shall maintatn a register containing r;ufficient pa~"'ticula .... s of all perm1sstonc; granted or refused by it under tlus sect1on and the cgtsle. shall be made avatlable for pe1 usal, 1 ftee of charge, by all persons Interested and c;uch persons shall be entitled to obtain extracts the. efrom on payment of such fees as may be pl·esc. ibed. (7) Any pet son aggneved by an Oide, of the highway authonty uncle,· sub-sectwn (2) sub-section (4 ) may w1thin tmrty days 01 from the date of cce1pt of such otdet, prefc.,..,. an appeal to the 1 appellate authonty and the appellate au tho· 1ty shall take a dccis10n . the1 eon and communicate the same to the appellant in writing w1thm one month of the date of eccipt of the appeal 1 (8) Any pusan aggneved by an o ..: de1 of the appellate autho nty undr sub-section (7) may, w1thm thirty days faom lhe date of ecr1pt of such dtt, p1 efe1 a revision the Governmt.nt. 1 01 befo~·e VI CHAPTER Supplemental Provisions 22. Removal of structure whzch obstruct the mew or drstract the attentton ofp ersons usmg hzghway.-( I) Where a highway autho1 ity is of opinion that it 1s nec\;sSal y fm lhe preventiOn of dange1 aris1ng fl om obstruction of vtcw or dtstt"action o! attent1on of pt• son~ ustng a high way, espec1ally at any bend co1 ncr of a h1ghway, the highway 01 3/334-18 126 authority may serve nottce upon the owner occupict ofl.ma 01 alongstde at the bend cornet of such highwa>' to <dtcr u• 01 01 remove altogethc.-, as the case may be, wttlnn ~uch ume and in such manne1 a~ may be spectfied m the no rice. the stl. uctUI e, the height Ot chat acte• of any existmg wall net bemg a wall fo1 ming part of a pe1 manent stl uuu, e, fence, hedge, t,cc, advc ttsemcut post, bill boa• d 01 any o. her obJeCl the eon, so as to elunmatc or l mtmm1se Lhc .1pp• ehcnded danger ~ II " (2) If any pc-son, upon whom a notice ha~ been set \-ed uncle• • I sub-sectwn (1) objects to comply w1th any tequuement ofsuch nouce, 11 1 he may, wJthm fou, teen days of Its recetpt, sent to the highway I \I ' au[hOllt)' lus objeCtiOn 111 w11ting sta11ng the grounds thereof (3) The htghway authollty shall, wtthtn fourteen days of the 1 ecetpt of the obJeCtiOn, con:,tdet the g1 oLmd5 advanced and ~hall, by 01 deJ m w; tttng, etthet wtthduiW the nottce o, amend o. confi11n 1t (4) Any pe.son agg11eved by an ordei uncle, sub-secnon (3) may p.efeJ an appeal wtthin seven days of the date of rccetpt of such 0• de• to the appellate au tho. 1ty whose deCJ'ilOll m the mattet shall be final. (5) If any pe son fath to comply wJth the notace ~e1 ved on him under suh-s~ctwn ( 1) as amended o. confirmed undeJ sub '>CCtlon (3) 01 hnc:illy dcctdcd unde1 sub-~ectwn (4) the htghway authority may, Without p1 ejud1ce to any othe1 ac..twn winch may be taken agamst h1m, take actron to alte or , emove the object causing obsu ucuon or d1st1 act10n of v1cw at Jts o.vn cxpen~e and such expend1tux c togethe1 wlth fiftc~n pe, cent ove, head chaJ ge~ thCJ eon, ~hall be 1. ecove. cd from such pea·son 111 the rnannc1 a~ mav be p1 escnbed. 23. Regulatw:r of traffic when hzghway zs deemed unsafe.-If at any ttme 1t appem s to a htghway auth011ty that any htghway m us charge 01 any p01 twn the1 cof 1s, o, has b~cn 'endc . cd unsafe foJ vclucula, o_ pcdest:ram tJ affic by cason, of damage o. other wise, it may, 1 111 such manne. as may be p. esc rued, e1thc.- cJo~e the highway Ot any po. twn the:eof to all n affic o,· to any dass of t1 affic, o, regulate the cla~s, numbct and speed of vehicles usmg the highway y 24 Prohzbztzon of hea11y velucles on certazn hzghwayr, etc -Whet c the htghway authonty IS satl~fied that the su face of any highway OJ' a poJ tion thereof o any bndge, culve~·t or cau~cway built on o. acros~ any highway ts not destgned to ca••·y vcJucles of wh1ch the laden weight cxceedli a ccrtam hmit, It may, m such manner as may be pr escubed, prohtbll o.· rest:nct th~ plymg of such veh1cles on 01 over such highway part of lughway or such b1Idge, culvert o. causeway. 01 127 25. Restrictwn of trajflC where htghi.lHl)' i r temporarily closed.-( 1) \Vherc, m pu, suancc of clau'ies (c) and (d) of section B, c;ection 23 and c;cctwn 24, the highway au tho tty desires to close tempora1 ily any high Nay or pa1 t of it to t. affic o · to , est ·tct o : egubte tra 'll.c the. eon m any mann~r, It shall in w;itmg r~quest the authority autho11sed to control traffic unde1 any law fo. the titne being tn force to enfo1 cc such 1 cst1 icuons o; 1 egulauons in the said tnan'lec (2) Whet e such a 1·eque~t ha~ been recetved fro-n a htghway autho11ty, the au tha; Ity rete. . ed to undet· sub~c;ect•on (I) shari take all necessary measw es to enfot ce the ~atd 1 est1 Jctwns or regulations m accoTdance wt th the provic;wns of thts Act 26 Consent of hzghway authonly requzred to do ccrtazn ac!J on hzgh- way -(1) Any pe1son or authority or ag~~ncy mtendmg to constt uct, place, tnaintam or cat ry any Cd.ble, wtre, pipe, dram, sewer or channel of any kmd tluough, actoss, along, under, m or ove1 any htghway, shall obtain p1101 consent in wtttmg of the highway authOJ Ity (2) The autho,•ty competent to give conc;ent uncle• sub~section (1) shall be the htghway auth01ity and 1t ~hall ensusc that as far as possible any such consn uctwn ts cat11ed out along the ext• erne edge of the right of way and may impose such condttwns as Jt may cons1der necessary and levy c;uch chat ges, as it may deem fit) for any land fo. ming part of th~ h1ghway occupied by. or apphed to, the proposed woJ k (3) Whe. e any pet son construcb ca1 r tcs out any wo. k In 01 contravention of ')Ub-section ( 1) or sub-section (2), the htghway autho11ty may alfange f01 the" cmoval of such wo1 k and res to, at10n 1 of the h1ghway to lt~ former condttion, in. acco1 dance WJth the prow vtswns of secuon IS as If the wot k co,lstttutes an <'"ncroachment on the highway and such expense as the h1ghway auth01Ity may mcut for this pm pose, togethe1 with fifteen per cent ove1 head chat ges thereon, shall, wlthoul preJudice to any other act10n that may be taken agamst such per~on under th1~ Act, be 1 ecovet ed ft·om htm tn such manner as may be prcscitbed 27. P1euentzon of damage to and repazr of hzghUJa)' -(I) No person shall wdfully or negltgently cause or allow any vehicle or animal 1n h1s chat gc to cause any damage to any htghway £\planation -Fm the pUt poscc; of tlus scctton habttual parkmg of vehtclc fo1 1 cpan·s or fm any other pw pose, Jettmg animals to g1 aze on h1ghway and keeping ammah and poultry to stay on the h1ghway land shall be deemed to be acts C:lusmg damage to the highway. 128 (2) Where, in contravention ofsub-section (I), any damage has been caused to any h1ghway, the highway authorIty shall have the damage repatred and the expenses involved, together With fifteen per cent vverhead charges, shall, Without P• eJUdJce to any othe1· action that may be taken agamst the person responsible f01 the contravention, be recovered fi·om h1m m such manner as may be prescribed. ~-I 28 Acquisztton of land for hzghway -\\There any land is equu ed 1 for the execution of a highway scheme 01 for emoval of any cnct oach 1 I I ment OJ for any pUl pose of this Act, the highway authoJ ny may ' I acqmre such land, by fi ee su1 rendeJ by the owner of such land Ol' by purchase by negotiatiOn aftc1 followmg such p1ocedure as may be P' escrJ bed or by acqmsitiOn under the prov1s1ons of the Land AcquisitiOn Act, 1894 (Central Act l of 1894) . • 29. Appltcatwn of certam promszons to lands adjacent to the natzonal hzghways -It shall be lawful for he competent autho11ty to detc1 mme a budding hne and a control line outs1de the 11ght of way of a nat1onal highway m the mann<"l as may be P' c~c1 ibed and the pt o vistons contained m sections 6, 18, 19, 20, 21, 22, 31 and 35 of the Act shall mutatzs mutandl'i apply to the land lymg outsidt" the ught of way and wsthm the control hne of the nat10nal highway. VII CHAPTER { Offences, Penalties and Procedure l 30. General promston for pumsbment of offences -Whoevc'l' contl a i < venes any pt·ovision of th1s Act OJ the ,..ules made thc1 eunde. shall, I if no othe1 penalty ts p10VIded for the offence, on conv1ction, be I l punishable with fine wluch may extend to five hundet d 1 upees 01 ) l 1f having been previously convicted for the same offence, with fine I I which may extend to two thouc;and rupees { ! I 31. Dzsohedunce of orders, ohstructzon and rcfu ml of mformatzon - Whoever wilfulJy disobeys any drrecnon lawfulJy gtven by any person I y or autho1 1ty empowet·ed under this Act to g1ve "uch drrection or obsn ucts any functions that such pe.·c;on authottty requucd or 01 JS empowe~·ed under this Act, to discharge, 01 bemg 1 cquired by or .unde1 this Act, to supply any jnformatwn whxch he i~uls or supphes any mformat10n which he knows to be false or wh1ch he does not beheve to be true, shall, 1f no other penalty 1s prov1ded for the offence) on conv1ction be pumshablc wtth fine wh1ch may extend to two thousand rupees. 129 32. Penalty on contraventzon of restrictzon relating to layzng of means of access or erecting an)' bwldzng, etc.-( 1) Whoever constructs or lay out any means of access or e1ects o, re-erects any building or stt uctUl e or doeli any other k in conn avention of the provisions WO! of su b-sectwn (I) of section 19 or su b-secuon ( 1) of secuon 20 shall, on convictiOn, be pumo;hable With fine which may extend to five thousand rupees --Y (2) In the case of a continumg offence a fine up to one thousand upees may be Imposed for each day fm wh1ch the offence contmues. 1 33 Penalty for encroachment -Whoever occupies or encroaches on any highway land 1n contt·avention of the proviSions of section 13 shall, on convictwn, be hable to pay a fine which may extend to two thousand and five hund1 ed rupees fot the first offence, and further fine which may e"Xtend to a lumpsum penalty of five thousand rupees plus a daily levy not exceed1ng five hundred rupees for each dav fo: wh1ch the offence contmues , I 34. Penalty for causmg damage to hzghwa)' -WhocvCl wilfully cause<; or allows vehicle 01 animal m his cha1ge to cau:5e any d~mage to any highway ~hall, on convictiOn, be pumshable with fine which may extend to ten thousand rupee~ 35 Power to compou1zd o.ffenccs.-The highway authority may, c1the1 befo. c after the mstituuon of the p. ocecdtngs, compound Ot an offence against any p:ov1s10n of thts Act or the rules made thc1 eundea 1n the manner as may be presc• ibcd. VIII CHAPTER Miscellaneous 36. · Power to make rules.-( 1) The Government may, by nottfi~ catiOn In the Ga1ette, make ules f01 ca-·, ying out all or any of the 1 purposes of th1s Act (2) In pa, t1cula ·, and wtthout p:·cjudice to the generality of the forcgmng power, <;uch 'i·ules may provide for all or any of the follo"' mg matter~, namely - (a) the prep at a tiOn or schemes fm· the development of new highways o · improvement or repa1r of e>..istmg highways; (b) the standards that have to be followed 1n grantmg per mission for access to highway; 130 (c) the form of applicatwn for use ofland between building line and cont.ol hnc and the fee to be pa1d 1n tespect thereof; (d) the prevention of obsn uct10n of v1ew distraction of 01 attention of pezsons usmg highway, and of annoyance, dangc1 01 inJury to the pubhc; (e) the prope• mamtenance ofbounda1 y ma•·ks demarcatmg highway boundanes; ~ · ' I (f) the p1 eventwn of obstruct10n, enct oachment and nuisances j on ncar htghway and damage to htghwdy; 01 01 (g) the f01 m of apphcat1on • eqUired to be made and the fo1 m of notice and the bills 1 eq u1· ed to be set ved on pe, liOn~, the cha,..ges to be made fo, ... the supply of coptes of plans 01 cxu acts and the rent o~· fee or other cha, ges to be 1m posed m levted unde1 the prov1s10ns I I of thts Act, I I (h) the gene1·al gutdance of the highway autho11ty m the d1schargc of 1ts functions unde1 th1s Act, I (1) the constructwn or laymg of pubhc uuhty lmes along or across the htghway, (J) any other matter wh1ch to be, or may be prescnbed IS (3) Eve1 y rule made uncle. tlus Act shall be latd, as soon a~ may be ctftcr It made, befote the Legislative Assembly, whtlc IS H 1s m ~esswn, for a total pe~·iod offouftcen days whtch may be com~ P• m one session m two successive sessiOns, and tf, before t~ed 01 the e"'pu y of the sessiOn 1n wh1ch 1t 1s so latd or the se'isiOn Immedia I tely following, the LegtslatlVe Assembly makes any modifica t10n I I I m the rule dectdes that the ules should not be made, t.he rule I 01' 1 shall thereafter have effect only such modrfied form o. be of no 111 eftect, as the case may be, so, howevet, that any such modli1catl0n oa annulment shall be Without ptCJUdlce to the vahdity of any thmg prev10usly done under that rule. 37. Constztutwn of appellate authortty -( l) The Government may, by notification m the Gazette, consutute as many appellate authorities as may be necessa, y for the purpose of this Act. (2) The Government may, by notificatiOn the Gazette, In authotise any office1 noc below the rank of Supea mtcndmg Engmect in the Pubhc Wo, ks De pat tmen t to exe1 ctse the powe, s of the appellate authority m such a1 cas as may be specified therem 38 Servzce of rzolLce.-( l) Every notJce undet this Act ~hall be served or prcsen ted,- 131 (a) by d~ll\ ermg 01 tendenng it or sendmg It by regigtered post to the pc1 son to \·\'hom It 1s add1 essed ot to h1s agent; 01 (b) if~uch pe1son 01 hts agent io; not found, then by leaving 1t at Ius usual or last kno\·vn place of abode or by delivcung or tendc1- mg 1t to some adult membet of his family or by causmg Jt to be fixed on some conspicuous pa1 t of the bulldmg or land, 1f any, to wh1ch it 1e lates. (2) If the person to whom a·notice is to be seJ ved IS a minor se1 VICe upon h1s guardian or upon an adult membe1 se1 vant of his 01 family shall be deemed to be servtce upon the minor 39 Poll/er to delegate -The highway authm lty may, with the p1 evtous approval of Government, by notification in the Ga~ettc, delegate any of 1ts powers 01 duties undeJ clause'~ (c) and (d) o1 sectiOn 8 01 section~ II, 22, 23, 24 o.,. 25 of this Act to any officer or authonty submdmate to 1t, subject to such conditiOns, if any, as may be spec1fied 1n such notification. 40. Persons deemed to be publzc servants.-All persons actmg by tPC authonty of the Government of any highway aut hOI lty while exc1- OJ c1smg then powe1 s and performmg thelf dulles and functiOns under tlus Act ol the rules made the1 eunder shall be deemed to be pubhe se1 vants · w1thtn the meanmg of sectiOn 2 L of the Indian Penal Code, 1860 (Centta!Act 45 ofl860). 41 Protectwn of actzon taken m good fazth.-No suit, p1osecut10n , or other legal p1 occedmgs shall he agamst the Government or any auth011ty or any person for anything which 1s xn good faith done or Intended to be done under in pm sua nee of this Act ules 01 01· 1 made the1 eunde~ 42 Ojjences b)' compames -(I) Whet e the person commtttmg any offence under th1c; Act a company, the company as well as cve1 y IS person who 1s charge of, and responsible to the company for the 111 conduct of 1t!> busmcss at the ume of the commission of the offence shall be deemed to be gmlty of the offence and shall be hablc to be proceeded agamst and punished accot dmgly. P1ovided that nothmg contained m the sub-sectiOn shall lender any such pe1Son hable to any pumshment, if he proves that the offence was comm1tted without h1s knowledge that he had cxe1 c1sed all 01 due diligence to prevent the commission of such offence. (2) Notwahstandmg anything con tamed in sub-sectiOn ( 1), whCic any offence under thlS Act has been committed by a company, and it is proved that the offence has been committed w1th the consent 1 132 or connivance of, or that the commtsston of the offence is a ttl ibut able to any neglect on the pa. t of any director, manager, sec, eta; y or other offi.cet of the compa.1y, such dir.:!ctor, manager, sectetary or other officer shall be deemed to be gudty of that offence and shall be hable to be proceeded against and punished accordmgly Explanation -For the purpose of thts sectwn,- ~. (a) 'Company' means any body corporate and mcludes a firm o, othe·· organisation or association of pelsons or a co-operative society (b) 'dtrector' in relatwn to a fi, m, means a pat·tnet· in the fb m. 43 Cogmzance of offences.-No t shall take cogmzance of COUJ. any offence pumshable uncle-.· thts Act except on a repm t m w 1ting of the facts constttutmg such offence made by a highway authonty o.· any othe. . office. .· au tho 1sed by the Gove.. nment 1n thts behalf 44. Pobce officers to asszst hzghway authorztzes -Eve ·y police officer shall fo, thwith futmsh mfo, matwn to the nearest htghway authonty, ol· to the nearest officer subo, d.inate to the highway autho,·tty, of any offence corning to hts knowledge whtch has been commttted agamst this Act O• the rules made thereunde. and shall be bound to assist the highway authonty and Its office1 s and servants m the exe,·ctse ~ of theu lawful authority. 45 Dutzes of Vzllage oificzals to report to lzzghway a~tllzorzty -Eve1 y Village Officer, VIllage Asststant or other VIllage officlal by whatever name called, shall forthw1th mform the neatest pohce sracwn or the nearest htghway authonty whenever he becomes aware that any survey marks showmg the building hne or control hne determined 1n espect of a lugh,..vay has been destroyed, damaged, removed 1 dtsplaced or other·w1se tampered with or that any damage to any h1ghway or encroachment on any highway land has been made ; 46 Power to utilzse hzghway land for purposes other than road purpose. The highway authofity may utthse temporanly, for purposes, other than road purposes, the land formmg part of a h1ghway which IS not Lmmedtatcly reqmred for the purposes of traffic 1n such manner as may be prescnbed. 4 7. Sauzng as regards land under the control of Central Govemment. Nothmg 1n th1s Act shall apply to lands vested m or under the conrtol of Central Government or to any area falling within the hm1ts of a Cantonment Board, Major Port Trust oa· other authority undet· the adminiso ative control of the Central Government. .. 125 (3) Where the htghway authm ity refuses to grant permission the reasons the, efo.· shall be reco, ded and communtcated · to the apphcant (4) Whc.e an apphcatwn fot pet missiOn has been t•efuse9 due to any defect of the application, the applicant may-submit a fr-esh apphcation to the h1ghway authonty !Cctlfymg the defects and the -~ htghway authonty shall constder the apphcatton a£ esh and. pass an nrder thereon (5) If after thc·expiratiOn of a pe, iod of rwo months fi·om!the submtsswn of apphcat1on undei' sub-sect10n (1) ·sub-sct.:tion (4), 01 no order in wntmg has been passed by the highway authOl·ily, permtssion C)hall be deemed to have been granted as apphed for: Provided that no such pe1 mission shall be deeme(f to have been granted if chc apphcatwn ts for the constr uct10n, for·mation laymg 0\: out of any 1nean~ of access. (6) The highway authority shall maintain a registe~" contain.ing sufficient pa,.llcu)ars of all permissiOns granted or refused by it und~ tlus sect JOn and the 1 cgi~~~..e. shall be made available for pe1 usaI , flee Of charge, by all persons Interested and SUCh persons shall be entitled to obta1n extcacts t.he1 efrom on payment of such ·fees Jas r, may be ptesc; 1bed. (7) Any petson aggneved by an Oiderofthe h1ghway authority under ·sub-section (2) o, sub-section (4 ) may within durty days fr01n the date of ( ece1pt of such o.·del, ·P• efcr an appeal•to the appellate authonty and the appellate auth0•1ty shall take a•d.eciston thcJ eon and commumcate the ~arne to the appellant in ·wnting wlthm one month of the date ofteceipt of the appeal. (8) Any pc.·son aggt 1cved by an o'-·deL of the appellate auLho nty uncle sub-sect10n (7) may, W1th1n thirty days from the date of ece-tpt of such dcr, P• efeJ a rcvtsion befo.·e the Governmtnt. 1 01 VI CHAPTER SupplemeDtal ProvisioDs 22. Remoual of structure whtch obstruct the urew or dzstract the attentcon ofp ersons uszng htghway.-( 1) Where a h1ghway authouty is of opinion that it 1s nec~ssa) y fm· the prevention of dange' at1S1ng fi·om obstruct10n of v1ew or d1st. actlon of attent10n of ptl son~ us1ng a high way, espec1ally at any bend o. co. ner of a 1ughway, the h1ghway . 3/334-18 1 126 autholity may sel'vc notice upon the owner 01 occupu·t of l.uan alongside at the bend co.-ncr of such h1ghway to alter o. 01 01 remove altogethct, as the case may be, ,,·uhm ~uch ume and 111 such mannet a~ may be c;peClficd 10 the nonce, the stt uctUte, the height or chat actet of any existing wall not bemg a wall fot ming part of a pelinanent so uctw e, fence, hedge, t. cc, adve t1sement I I I post, btll board o;. any o. he1 objecL the. eon, c;o ac; to clumnatc 01 ~-ll miP1mise the ciPP' ehended danget. I (2) If any person, upon whom a noltce has been vcd uncle• 'iCL sub-sect10n ( l) objects to comply with any requu ement of such notice, he may, wtthm fou. teen days of Its recetpt, sent to the h1ghway aulhOI Hy htc; objcctwn m '•Vlttmg starmg the ground~ thereof I I (3) The highway autho.tty shall, wtthm fottJ'teen days of l the 1 cce1pt of the objeCtion, con~rde1 the g, onnd;; advanced and shall, by 01 deJ m Wlttmg, erthet w1thd1 aw the nouce o. amend OJ confi1 m 1t ( 4) Any pe, son aggncved by an del uncle s u b-sect10n ( 3) :l 01 may p. efc.l an appeal wtthm c;evcn days of the date of ,·cceipt of such I 01 dct to the appellate autha1 tty whose dccJston m the matter shall be j final. (5) 1f an) pe) son fall~ to comply w1th the notice sc1 ved on i him undet suh-sectton ( 1) as amended OJ confirmed uncle, sub I ~ectwn (3) or finally dectdcd unde. sub-<>c<.twn (4) the h1ghway I authority may, wtthout p,ejudtc<' to any othe1 action wh1ch may be i taken agamc;t htm, take actwn to alte. or emove the object causmg 1 obsb uct10n or r.lt-.tJ.l.Ctaon of vtcw at Jts own expense and such il cxpend1tu1 r togethe1 wtth fifteen pe, ce•lt oves h~ . .. ad cha.. gt>~ the1 eon, shall be ecove. cd from such pet son m the manneJ as may be 1 p1 e~cnbed 23 Regulatwn of traffic when hzghway zs deemed unsafe -If at any time 1t appea1s to a htghway autho11ty that any highway tn Its charge Ol any pm tion thet cof ts, o. ha!:l been len de. cd unsafe for vchtculat o. pedeso·am tJ affic by 1 cason, of damage o, othct wtse, 1t may, m !:luch manne. as may be p. c~c. tbed, etthc~· dose the htghway o, any po1 t10n the. eof to all ta affic Os' to any class of traffic, o, cgulate 1 the clac;s, numbe, and speed of vehidcs usmg the lughway y '/ of 24 Prohzhztwn heavy vehzcles on certazn hzghways, etc --Whet e the htghway authonty IS satisfied that the su face of any lughway ot· a p01 t!on thereof OJ any b1tdge, culve t or causeway built on 01 across any highway 1s not destgncd to ca1 ry velucles of wh1ch the laden wetght exceeds a ccrtam limit, 1t may, m such manne1 as may be pt CSCl1bed, prohtbtt o. restrict th~ plymg of such vehtcles on 01 over such highway or pat t ofh1ghway or such bltdge, culvert o, causeway 127 25. Rcstrictzon of traffic wlzere lughwa)' is tcm.hornrrly closed -( 1) Whe1 c, m pu.

~ uance of cia uc;es (c) and (d) of section 8, section 23 and sectton 24, the htghway autho Hy d~sircs to close temporarily any htgh way o, pa. t of 1t to t. alfic o to ·est ict o · 1 egulate traffic the,·eon m any manner, it shall In w&ttmg request the authority auth01 ised to control traffic under any law fo. the time bcmg in fm ce to enforce such estrictions o. egulauons in the said m1nner. I 1 (2) Where such a eque')t has been rccexved fro·n a htghway 1 authonty, the au tho, itv efc ·, ed to under sub-section (I) shall 1 take all n~cessa1 y measm es to cnfot ce the said 1 est1 ictions or regulations m accordance with the provision~ of this Act 26 Conse11t of hzghwoy authortfJ' requzred to do ccrlam actJ on hzgh· way-( I) Any person o. autho1 ity or agi~ncy mtcndmg to conc;t•·uct, place, mamtam or ca1 ry any cable, wi• c, pipe, d1 ain, sewer or channel of any kmd through, aero~~, along, under, 1n 01 ovc1 any highway, shall obtazn pnm consent in w1 itmg of the highway authority (2) The authmtty competent to g1ve consent under sub-sectiOn ( l) shall be the htghway authm Hy and Jt c;hall ensure that as fat ac; possible any such con~tt ucuon IS earned out along the ext1 erne edge of the nght of way and may impose such conditions as It may constdet necessary and levy such charges, as It may deem fit, for any land fo ·mmg pat t of the highway occupted by. 01 applied to, the p1oposed wm k (3) Whe.e any pet~on con~tructs 01 caliH. . S out any wo~k in cont1 avention of sub-section ( 1) or sub-sectiOn (2), the htghway authority may a1 'ange f01 the 1e moval of such wo1 k and rest01 at10n of the h1ghway to it<> fot me1 cond1t10n, 1n acc01 dance with the pro VISions of sect10n 15 as 1f the wo1 k constitute~ an cnct oachment on the highway and such e'<pcnse as the htghway authonty may Incul' for th1s purpose, togethet with fifteen pet cent ove1 head chat ges \ thet con, shall, wtthout p1 ejudace to any othe1 actton that may be taken against such pc1 son under th1s Act, be ecovet ed ft om htm 1 m such manner as may be ptcscttbed 27. P1evcntwn of damage to and repazr of hzghw'a)' -(1) No pet son shall wilfully or neghgently cause 0r allow any vehtcle ot· animal in his chat ge to cause any damage to any htghway. Explanatwn -Fm the pm pose'\ of tlus section hab1tual parkmg ot veh1cle for t cpan s or for any other pUI pose, lcttmg ammals to gt·aze on htghway and keepmg animals and poultry to stay on the highway land shall be deemed to be acts causmg damage to the h1ghway. l 1 128 I I (2) Where, in contravention ofsub-section (1), any damage ,I has been· caused to any highway, the h1ghway auth011ty shall have the damage repaired and the expensts involved, together with fifteen I per cent 0verhead charges, shall, wtthout preJudice to any other I action· that may be taken against the person espons1ble fo1 the 1 ) contravention, be recovered from him m such manner as may be I I prescribed. I I 28. Acquisztzon of land for hzghway -Where any land is equired 1 for the execution of a h1ghway scheme for emoval of any enc1 oach 01 1 ment for any pw pose of thts Act, the htghway auth01ny may Ol acquire such land, by free surrcnde! by the owne1 of such land m· by pm chase by negql1at1on followmg such p1 ocedure ac; may afte~· be p..t"escll bed or by acqmsttion undet the pt oviswns of the Land Acquisition Act, 1894 (Central Act 1 of 1894) 29. Applzcatzon of certazn provzszons to latZds adjacent to the natzonal hzghways -It shall be lawful for he competent authouty to dcte)·mme a budding hne and a contl ol hne outstde the nght of way of a national htghway m the manne. as may be prescribed and the p1 o vi.stons contained m sectiOns 6, 18, 19, 20, 21, 22, 31 and 35 of the mutatz.s mutandz.s apply to the land lymg outside' the 11ght of Act~shall way and widun: the control hne of the natwnal highway. CHAPTER VII II ! Offences, Penalties and. Procedure c 30:. General provrszon for punz.shment of offences -Whoever conb a venes any p1·ovision of this Act or the rules made thel t"undei shall, if no. othe1 penalty 1s ptovJded for the offence, on con v1ction, be punishable w1th fine wluch may extend to five hundel d upces or 1 it havtng been previously convicted for the same offence, wuh fine wh1ch may extend to two upee's thou~and 1 31. Dz.sobed1ence of orders, obstructzmz and refuwl of mformatzon.- Whoever wilful1y disobeys any dn ect10n lawfuiJy gtvrn by any person ~~ or ,authodty empowe1 ed under this Act to gtve ~uch direction or 1 obst1 ucts any functwns that such pc.·c;on au tho. tty requucd or Oi JS under this Act, to discharge, or being required by empowe~·ed O\'runde1 thjs Act, to supply any infm mation whtch he fatls or supplies any, InformatiOn wh1ch he knows to be false or which he does noti beheve to be true, shall, no other penalty provtded for the 1f 1~ offence, onJ convictwn, be pumshablc wtth fine whtch may extend to two thousand rupees 129r , of 32 Penalty on contravention of restnctzon relatzng to laying means of access o' erecftng any buzldzng, etc.-( 1) Whoever. constructs or. lay out any means of access or e.ects o, re-e,·ects any buLldmg or c;u uctUJ e or does any othet work 1n contra vcntlon of the prov1sions of su b-sectwn (I) of sect ion 19 or su b-secuon ( 1) . of seet10n 20 shall, on conviction, be punishable with fine which may. extend to five, thousand rupees (2) In the case of a contlnmng offence a fine upto one thousand t upee~ may be imposed fo1 each day fo. which the offence continues. 33 Penalty for encroachment -Whoever occup1es or encroaches on any highway land In contravention of the prov1S10ns of ~ection 13 shall, on convict10n, be habl~ to pay a fine whtch may extend to two thousand and five hundt eel rupees fot the first offence, and fm ther fine whtch may extend to a lumpsum penalty of five thousand rupees plus a daily levy not exccedmg five hundred rupees for each day fm which the offence contmucs. 34. Penalty for caurzng damage to hzgltway -Whoever wilfully causes or allows vehtcle 01 antmal m h1s chaa ge to cause any damage to any h1ghway shall, on convictiOn, be pum!)hablc with fine which· may extend to ten thous~tnd 1 upec'i. 35 Power to compound ojfenas.-Thc highway authority may, etthe•· befo.·c o, after the mstitutJon of the p. oceechngs, compound an offence aga1nst any p:ov1s1on o( th1s Act or the, ulcs made thereunder 1n the manner as may be prescdbed. Miscellaneous 36 Power to make rules -(1) The GoveJ nmcnt may, by notJfi· catton in the Gazette, make • ulcs for ca~ 1 ymg out all or any of the purposes of th1s Act. (2) In pa1 t1cula ·, and wtthout p1 CJUdrrc to the generality of the foregomg power, such 1·ules may provide for all or any of the foliO\-\· ing matters, namely - (a) the p.-epm a tion of 5chemes fo: the clevelopmen t of new htghways o: Improvement repatr of e>.Istmg highways; 01 (b) the ~tandards that have to be followed 1n gt anting per mission for access to h1ghway, ( I 130 (c) the form of application for use of land between buildmg line and cont\ol hne and the fee to be patd m espect thereof, 1 (d) the prevention of obsn uctwn of view m distJ action of attention of pet sons usmg highway, and of annoyance, danget 01 InJu, y to the public; (e) the ptopet mamtenance ofbounda1 y marks demarcating htghway boundaries, 1 i (f) the p1 cventwn ofo bstr uctwn, encroachment and nuisances I on o1· near highway and 01 damage to highway, i (g) the form of application equued to be made and the 1 I fm m of not1cc and the bills equl' ed to be set ved on pe. sons, the 1 cha:-ges to b<.: made fo, the supply of copies of plans 01 exu act~ and the . I rent m· i<'e othc1 cha.·ges to be llnposed o· levied under the Oviswns 01 p1 of thts Act, (h) the general guidance of the highway authority 1n the dischat ge of its functwns under th1s Act; (t) the constructiOn laymg of public utility hnes along 01 or ac1 oss the htghway, (J) any other matte1 which 1s to be, or may be ptescnbed. (3) Eve\ y rule made uncle: th1s Act shall be la1d, as ~oon as may be <tftcr 1t 1s made, befo. c the Legislative Assembly, wlulc 1t • ., 1n sesswn, fm a total peuod offourteen day~ which may be com P• bed m one sesswn or m two successive sessions, and 1f, before the exptry of the scss1on 1n which 1t 1s so laid or the sesswn Immedta tely followmg, the Lcgtslative Assembly makes any modlficatwn m the rule o!' dectdes that the ules should not be made, the rule 1 shall thereaftet have effect only m c;uch modtfied form or be of no effect, as the case may be, so. howeve., 1 hat any such modificatiOn oc annulment shall be wtthout preJudice to the vahdtty of any- thmg p1 evwusly done under that rule. nf 37. Constztutzon appellate authorzty -( l) The Government may, by notification tn the Gazette, consutute as many appellate auth01·it1cs as may be nccessa1 y foe the purpose of this Act (2) The Government rna}', by nouficat10n 1n the GaL:ette, authonse any officer not below the rank of Supe1mtcnding Engmeer 1n the Pubhc W01 ks Department to exe1 c1se the powe.-s of the appellate autho11ty m such at eas as may be specified the rem. 38. Servzce of nottce.-( 1) Every not1ce unde1· th1s Act shall be served or presented,- • 131 (a) by dehvermg 01 tendermg It ot sending tt by rcgistet ed post to the pe1 son to "'born It IS addressed ot to hts agent; ot (b) 1fsnch pet son or h1s agent ts not found, then by leavm~ 1t ,tt h1c; usual 01 last knov. n place of abodr or by dehvet ing or tcndc1 ~ Ing It some adult membet of his family 01 by causmg It to be 10 fixed on some conspicuous pcu t of the bulldmg or land, 1f any, to which elates. It 1 (2) If the pet son to whom a notice IS to be se1 ved 1s a minot sel VICe upon his guardtan or upon an adult member or sc1 vant of his family shall be deemed to be sc1 v1ce upon the minor 39. Power to delegate.-Thc highway authOIIty may, with the p, ev1ous approval of Government, by not1ficatton in the Ga.lcttc, delegate any of Its powcts 01 duties under clause\ (c) and (d) of sectiOn 8 or scct10ns 11, 22, 23, 24 25 of this Act to any officer O"' or authonty subordtnate to 1t, subject to such cond1t1ons, 1f any, as may be specified 1n such not1ficat10n 40 Persons deemed to be publzc servants -All pe1 sons actmg by the authonty of the Government Ot of any h1ghway authm ity while eXCI· ctsmg theu powc1 s and pet formmg their duties and functwns under th1s A<..t o, the ules made the1 eunder shall be deemed to be pubhe 1 set vants wttlun the mcanmg of section 21 of the Indian Penal Code, 1860 (Centtal Act 45 of 1860). 41. Protectzon of actzon take1l zn good fazth.-No ~uit, prosecution or othe1· legal proceedmgs shall he agamst the Government any 01 authonty any petson for anythmg wluch is in good faith done 01 1ntendcd to be done under in pursuance of th1s Act or rules 01 OJ made thereunder 42. OffinceJ h)' compames -(I) Where the pe1son commtttmg any offence under thts Act ts a company, the company as well as every person who ts m cha1 ge of, and cspons1ble to the company for the 1 conduct of Its bustness al the time of the commission of the offence shall be deemed to be gmlty of the offence and shall be liable to be proceeded agamst and punished accm dt?gly Pt ovided that noth1ng contained in the sub-section shall cnder 1 any such pet son hable to any pumshmcnt, 1f he p1 oves that the offence was committed Without hts knowledge that he had exercised all 01 due dthgence to ptevent the commission of such offence. (2) t\otwithstanding anything contained m sub-secuon ( 1), whe1 e any offence undc1 thiS Act has been committed by a company, and it 1s proved that the offence has been committed with the consent I I I 132 or connivance of, m· that the commissiOn of the offence is a to ibut 1 able to any neglect on the pa, t of any du·ect01·, manage1·, 'iec!·etai y or othe1· officet of the compa,1y, such director, manager, secretary or other officer shall be deemed to be gmlty of that offence and shall be hable to be proceedf>d against and pumshed accordmgly. Explanatzon -Fo.t the purpose of this sectlOn,- (a) 'Company' means any body corporate and Includes a firm ·o, othc · gamsation or assoc1at10n of pe.·sons or a co-operative Ol society (b) 'di1·ector' !n relation to a fi&m, means a partner m the fit m. 43. Cogmzance of offences.-No cou" t shall take cognizance of any offence pumshable uncle-~· tlus Act except on a repo~·t m WJ 1ting of the facts const1tut1ng such offence made by a htghway authonty any othCJ office. au tho 1scd by the Gove. nment 1n tlus behalf. O!' 44. Polzce o.fficen to asszst hzghway authoritus -Eve ·y police officer ' \ ihall 1fo1 thwith furmsh mfo, mat10n to the nea1 est highway authority, I OL to the nearest officer suboldmate to the htghway au tho~ ity, of I any offence commg to hts knowledge wluch has been committed I against thts Acto: the rules made the, eunde. and shall be bound to I ~ : I ass1st the h1ghway authonty and 1ts officers and servants m the exetctse .·I \ of their lawful authority. 45 Dutus of V ttla ge officzals to report to hzghway autlzorzty -Every Vtllage Officer, Village Assistant or other village official by whatever ! name called, shall forthwtth inform the neatest pohce station or the I nearest highway authority whenever he becomes aware that any I h survey marks showing the buildmg line or control line determined 1n tespect of a hzghway has been destroyed, damaged, removed dzsplaced or otherwtse tampered wtth or that any damage to any highway or encroachment on any highway land has been made. l 46 Power to utzlzse hzghway land for purposes other than road purpose.- : II The highway authonty may utthse temporarily, for purposes, ! I I II other than road purposec;, .the land formmg part of a lughway fi :I I y which is not 1mmed1ately requu ed for the purposes of traffic In such manner as may be •prescribed 1 ,, I '4 7. Savzng as regards land under the control of Central Government. 1 Nothmg 1n th1s Act shall apply to lands vested m or under the conrtol I of Central Government or to any at ca falhng Within the hmltS of a I Cantonment Board, MaJOr Port Trust o. other author•tv under the i adminiso·atlvc control of the Central Government. I 'I J ' ! 133 48. Mode of ncovery of sumr payable to highway authority.-Any sum payable to the highway auth01ity under this Act shall, with6lut prejudice to any other mode of recovery, be recoverable on behalf of the highway authority as an arrear of public revenue due on land. 49. Repeal and ~·aving. -( 1) The Kerala Highway Prot ee Lion 01 dinance, 1999 (6 of 1999), is repealed. -.JJ~r' he.~·e-by (2) Notwithstandtng such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been deae or taken under this Act. ' , 3{334-19