The Odisha Escheats Act, 1979

The Orissa Express Highway Act, 1964 Act 8 of 1964 Keyword(s): Express Highway DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ORTSSA ACT 8 OF 1964 TIPE ORISSA EXPRESS HIGHWAY ACT, 1964 CONTENTS 1. Short title, extent and commerlccmcnt 2. Definitions 3. Declaration of Express Highway 4. Restrictions on the right of user 5. Regulation of uscr by permits and licences 6. Levy of t d s 7. DeIcgation of powcrs 8. Penalty 9. Compounding of offcnces 10. Bar of suits, etc. 11. Powcr to makc rules 12. Act to override ot11c1 laws 13. Savings 14. Removal of difficulties [ a-73 (a) Law I ORISSA ACT 8 OF 1964 '[THE ORISSA EXPRESS HIGHWAY ACT, B46Gi [ fieceivcd the nsseilt of the Gove~~rzo 01 r 1 rJle lsk Mny 1964, jl-sr publislled i71 all exfl-nordi- tta1.y iswe of the Orissa Gazeite+ clnted the 7th May 1964 ] AN ACT TO PROVIDE FOR TIE CONSTRUCTION, MAINTENANCE A m DEVELOPhlENT OF ROADS FOR SPECIAL PURPOSES AND SPECIAL KINDS OF TRAFFIC AND MATTERS INCJDENTAL THERETO BE it enacted by the Legislature of the State of Orissa in the Fifteenth Year of the Republic of India, as follows :- 1. (1) This Act may bc called the Orissa Express Short titlo. Highway Act , 19 64. cxtcnt and comrncnce- (2) Xi extends to the whole of the State of mcnt. Orissa. (3) It shall come into force2 on such date as the State Government may, by notification, appoint. 2. In this Act unless the context otherwise Definitions requires- (a) "express highway" means any road declar- ed to be an express highway in accordance with the provisions of section 3 and includes- (i) any land acquired or demarcated with a view to ccnstructing an express highway dong it; (ii) the slopes, berms, borrow-pits, font-pat hri pavements and side and catch and b~i.li dary drains attached to such road ; (iii) all bridges, culver is, causeways, carriage- ways or other structures built on or across such roads; and 1. For S(a1crncnt or Objccts ant1 Rcasons, sce Orissa Cflzelte, Extra- ordinary, datcd the g[h Seplcmbcr 1963 (No.1 08) and for Rcrort r?T Sclect Committee, sce ibid., dated the 12th March 1964 ( No- 472). 2. Camc into forcc with elrcct from Ih c 1 st hugusl 1967-vidc No[i- fiation No. I~S97-EW.-llM-53167, dnled tl~c2 0111 July 1967, published in Ori~jaG nzellc, dated 1hc lllh August 1967, Pt. 111, p. 998. or. THEO RISSAE XPRESHS IGHWAAYC T, 1964 [ Act 8 (Secs. 3-5) (iv) the trees, fences and posts and boundary, furIong and mile stones and other high- way accessories and materials slacked oa the road ; and (b) "prescribed" means prescribed by ru.le.s , made under this Act. Dcclnratlon 3. (1) Whenever in the opinion of the State or express Governmellt it IS expedient in the public interest to highway. provide for special conlmunicat ions for the transport or any particular class of goods, or for any parti- cular class of vehicles, or any particular class of traffic the Stale Government may- (0) by notificaticln declare any road construc- ted for such purposes, defining the limits thereof, to be an express highway and in like manner alter the said limits; (b) from time to time alter or modify all or any of the purposes for which such ex- press highway may be used; and (c) specify from time to time the extent to which such user shall be to theexciusion of any other user of the road as a highway. (2) All notifications issued under this section shall, as soon as they are issued, be laid before the State Legislature for a period of fourteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Legis- lature may make therein during the said-period. Rcstriclions 4. Notwithstanding anything to the contrary in on Ihc right any other law or in any pr~cticec, ustom or usazc no of user, . right of user in respcct of an express highway shall be exercised except in accordance with the provisions of this Act and the ruIes, orders and directions made or - issued thereunder. Regulation 5. The State ~overnment may from time to' Oprc rmils abnyd time havi~gr egard to the specific purposes required liccn~s. to be served by any express higllway and with a vicvi to securing safcty of trafic thereon and the pr-cven- tion of damage thereto- (a) require permits and Iiceuces to be taken put by persons using any express highway In such -form and manner, subject to such terms and conditions and on pay-, merit of such fees, if any, as may be prescribed 1 Provided that no fees shall be required to be paid in respect of a - person using sucll highway as a' pedestrian; (b) subject to such conditions asmay be prescribed, prohj bi t or restrict the plying of vehicIes of any laden \+.eight on or over such express highway or such part thereof as is not designed to carry such vehicles ; (c) close the express highway or any portion thereof for such period or periods as they deem fit for effecting repairs or protective works in respect of all or any class of traffic; (d) impose minimum or maxirnuril limiis and other reasonabIe restrictions in respect of speed or laden weight of vehicles ; or (e) otherwise control and regulate the user of such express highway so as to facilitate, the unimpeded florv of such traffic for ~vhiclt~he highway is mainly designed or for the time being is specially intended to subserve. 6. (1) The State Government may, in accordance Levy or with the rules to be made in that behalf,. levy such rates of toil as they may, from time to time declare by notification in that behalf, '[for the carriage of any goods or for the passage of any vehicle or animal ] upon any express highway - or portion thereof constructed, developed or maintained by thc Siate Government and different rates of to I1 may be levied in respect of different express highways, or different portions thereof: . 1. Subslitulcd by thc Oriss.a Eaprcss EIigIn$,oy (Amcntlrncni) Acl, 1970 (Or, A C ~27 of 1970 1, s. 2 (n 1 Provided that no t 011 shall be levied in respect of any overbridgz construcled on or across an express highway or in respect of any crossing thereon a-pproved by the prescribed authority. (2) The collection of such tolls may be placed under the management of such persons, subjcct to such terms and conditions as the S t ~ t eG overnment may deem fit and propcr. ' [(I-n) The Stab Government may in such circumstances and subject to sucI~c ondi t ions as 11-tay be prescribed and upon application made that ill behalf by the owner of any goods, vehicle or animal in respect of which toll is leviable under sub-sectinn (I), permit such owner to compound 1he toll payabIe in respect of the koods, veIzicIe or animal by paying in lieu thel-cof a sum fixed in suc11 manner as may be prescribed .] (3) In csse of non-payment of any such toll on demand,theoffiwrs appojntedto collect the same rnay seize the goods, vehicle or animal, as the case 2[ may be, on which the toll is chargtable or may seize any part of the goods or ally part of the burden carried by the vehicle or animal ] of suficient value to defray the toll ; and, iF any toll along with the cost arising from such seizu rc, remains u ndischarged for twenty- four hours, I hc case shall bc brought before the oEcer ap~ointedt o surerintend the collection of the said toll, who rnay sell the property seized for discharge of the toll, and all cxpenses occasioned by such non- paymei~t, seizure and sale, and cause any balance that may remain to be returned, on demand, to the owner of the property, and the said officer, on receipt of the property, shall forthwith issue a notice that, at noonaf the next day, exclusive of Sunday, or any ciosed Izoliday, he will sell the property by auction: Provided that, if, at any time before the sale has actu~llyb egun, the person whose property has I. Inscrtcd hy thc OrisPa Exprcss Highxay (rtm#:n:l,nc.ni) A=!, 1g70(0, Act 27 of 1970 ), s. 2 (b). - . 2. ~~bs~:lubcyd ibirl, s. 2 (c) been seized shall tender the amount of all the expen- ses incurred, and of double the toll payable by him, tile said officer shall forthwith release the property seized. 'C(4) No toll shall be paid for the passage of- (a) vehicles belonging to or in the service of the Military, Naval or Air Forces of the Union; (b) any fire service or ambulance vehicle; or (c) vehicles belonging to the Police Depart- ment of the State Government mhiIe carrying police officers on duty.] (5) A11 Police Oficers shall be bout~dt o assist the tollcollectors, when required, in tbe execution ofthis Act; and, for the purpose, shall have the same po\ver which they Izavc in the exercise of their common police. d~ ties. (6) Every person, other than the persons appointed to coZlect the tolls under this Act, who shall Ievy or demand any toll in respect of any ex- press highway and also every person who shall un- lawfully and extortionately demand, or take any 0th er or higher toll than the lawfull, toll, or under colour of this Act seize or sell any prbperty knowing such seizure or sale to be unIawfuI, or io any manner unlawfully extort money or any valuable thing from any person under colour of this Acl shall be liable on conviction before a Magistrate to imprisonment for any term not exceeding six calendar months, or to fine not exceeding two. hundred rupees, any part of which -, , fine may be awarded by the Magistrate to the person aggrieved; but this remedy shall not be deemed to bar or affect his right to have redress by suit in the Civil Court. I. Subslitutcd by the Otisn ExPrfis Highwhy (Amendment) Act, 1970 (Or.A ct 27 or 1970). s. 2 (dl. '[(7) The proceeds of all tolls ~evied under this .Act in respect of any express lG.ligl-~ways l~albl e utilised in meeting the expenses incurred by ,the State Government in thc construction, maintenance and developmerlt of that lizl~xvay and for purposes ancjlIary or incidental thereto :] . - Dclcgation or OWC CIS. 7. The State Government may, by notification, delegate their poikrs under all br any of the pro- visions of this Act except clause (a) of sub-section (I) of section 3, sectioil5, section I1 and section 14 to be exercised by any officer or authoi-ity as the State Government may deem fit : Provided that in exercise of sucIi powers the officer or authority concerned shall remain subject to the control of the State Goveclirne~~atn d to such directions as they may issue from time to time in that behalf. ?2uulty 8. Any person found guilty of- (n) contravention of any of the provisions of this Act oi any iule or order n~ade thereunder ; or (b) wilful disobedience of nzqf directions issued or of any pcollibition or restriction imposed under the said provisions or in pursuailce tl~creof;o r , - (c) causing any damage to or obstruction on - . -. . any express highway, shall on conviction be punished withfine which may extend to five hundred rupees, and in cases falling under clause (c) $ha11 in addition be Gable to pay the cost of repair of such damage or the cost of removal of such obstructions, as the case may be. . .- 9. An offence commitled by. 311y person urldec OO~POUU- diw of this Act may be compounded by any oflicer or offoncci. authority, specially empowered by Il~cS tate Govern- ment in that behaIf, on payment of sucll sum as such officer or authority [Kay determi~~ea nd on payment thereof- (a) do proceedings shall be cornmenwd - against such person ; and , , . , 1. Subslilulcd by thc Orissa Bsprcss Highwa~( Amcnd~ncn)t Act, 1969 (Or. Act 5 of 1969 ), s. 2. (b) if any procezriin~s have already been com~nenced 2~2inst such person such pi-oceedings shalI not bc further proceeded with. 10. No suit, prosecution or legal proceedings B,, ~r,,:t, shall be instituted against any authority or officcr or clch person duIy authorised under this Act in respect of anythirg in good faith done or intended to be done under this Act 01' the rules or orders made thereunder. 11. (I ) The State Government may, by notzca- PO,V,, 1, tion and s~ibject to the conditions of previous publi- mnke rulm cation, make ruies* to carry out the purposes of this Act. (2) All rules made under this section shall, as sooil as they are made, be laid before the State Legislature for a period of fourteen days which may be comprised in one or nlore sessions and shall be subject lo such modificniions as the Legislature may make therein durjns the said pericd. 12. (1) 011a nd after the declaration of a road as Act 10 over an express hi ghlvay u i~dzci lause (a) of sub-sec:ion (1) ridc othcr of section 3, the provisians contained in any other la~vo r ally practice, custom or usase having the force of law, corresponding to ar!y of the provisions of this Act, and apglicabIe to such road, shall cease to have efiect for so long as such declamation remains in force. (?)Save as ?rovided in sub-section (I) t1i.e provisions of this Act and the rules and orders made thereunder shall have eEec t notwithstanding any thing to the contralay contained in any other law or practice, custom or usage having the force of lai~, for the time being in force. 13. Nothing contained in this Act shall- Say i (a) have effcct so as to override any of the provision s of tile National Highhirnys Act, 38 or 1956 1956 ; or (6) aiTcct the rights of :!nlr local authority to make excavation for the purpose of ally 1 9 For ruIcs-see Notificslio!~N O.1 4317 . ~i:~tclbdc 251i1 Augu5( 1967 pnblished in Orissn Gnsclfc, ~.ttr:inr.iir.niy, d.llc:l lllc 31st August 1967 ( Xo- IISO). 19-73 (a) Law] 66 THEO RISSAE XPRESHS LGHWAACYT , 1964 [ Or. Act S of 19641 laying, making, altering, repairing or rene1f1inga ny senrcr, draiu, I COLITSC or other ~ w r k; or (c) affect the rigllts of any authol-ity under any law for the timc bcj11g in force to erect any support or make any excavation for the purpose of laying, making, altering, repairing or reneiv~nga ny main pipe, sluice, ivcir, electric line, duct, drain or other apparatus in lLespect of g~s,w ater, electricity, I-ailways, tramways or trolly vehicles or j (d) affect the poiLrers of tllc teleg-aph authority under the provisions of the Indian Telegraph Act, 1885. 13 oc I~SS Rcmovnl 01' 14. If any difficulty arises in giving effect to the diflcullics- pr~vjsionsof this Act the State Government may, by order, do anything not il~consistentw ith the provjsions of this Act or tlie rulcs made thereu~lde r which appears to them to be necessary for the purposes of removing the dillicul~y,