Manipur Act 15 of 1979

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An Act to provide for the regulation of road development and road transport.

Preamble. - Whereas it is expedient provide generally for the regulation of road development and road transport so as to secure for the public such conditions as will ensure the maximum efficiency of all means of road transport, and, in particular, for the prevention of ribbon development along roads.

BE it enacted by the Legislature of Manipur in the Twentyninth Year of the Republic of India as follows:-

Part I

CHAPTER 1

Preliminary

Short title extent and commencement.- (1) This Act may be called the Manipur Highways Act, 1979.

(2) It shall extend to the whole of the State of Manipur.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:

(1) "animal" means any elephant, camel, horse, ass, mule, cattle, sheeps or goat.

(2) "betterment when applied to land" means the increase in the value of any land arising from the execution in its vicinity of a highway development scheme at public expense.

(3) "betterment tax" means a tax levied on owners of land on the basis of a percentage of the betterment value of the land.

(4) "building line" means a line on either side of any highway or part of a highway as determined by the highway authority under Section 12 of this Act.

(5) "competent authority" means the State Government or local authority, competent to sanction the construction of, or repair to, a highway.

(6) "control line" means a line on either side of a highway or part of a highway beyond the building line, as determined by the highway authority under Section 12 of this Act.

(7) "driver" means, in the case of a vehicle, the person in charge or control of the vehicle for the time being, and in the case of an animal any person driving, leading, riding, or otherwise managing or controlling the animal and the words drive, driving, shall be construed accordingly.

(8) "encroachment" means occupation of any highway or part thereof, and includes;

(a) the erection of a building or any other structure, balconies, porches, chajjas or projection, on ever or overhanging the highway land.

(b) occupation of highway land beyond the prescribed period, if any, for stacking building materials or goods of any other descriptions, for exhibiting articles for sale, for erecting poles,awnings, tents, pandals and other similar erections or for parking vehicles or stabling domestic animals or for any other purposes, and

(9) "highway" means any public thoroughfare, whether a road, street, lane, bridlepath or a foot-track, whether surfaced or unsurfaced, whether on land owned by Government or a local authority or on land belonging to a private person over which the public have, or acquired, a right of way by usage, and includes :

(a) the slope, berm, borrow-pits, foot-paths, pavements and side drain of any such thoroughfare,

(b) all bridges, culverts, causeways, carriageways or other road structures, built on or across such thoroughfares, and

(c) the trees, fences posts, and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare.

(10) "highway authority" means :

(a) for highways maintained by the State Government, the Department of the Government responsible for their maintenance, or any other authority specially appointed by the State Government in this behalf.

(b) for highways maintained by a local authority, the local authority or such other authority as may be appointed by the State Government in this behalf, and

(c) for highways not included in clauses (a) & (b), the authority appointed as the highway authority under Section 3 or, if no such appointment has been made, the State Government itself.

(11) "highway boundaries" means the boundaries of the highway whether visibly demarcated or not, within which is contained the areas of land constituting the highway or land reserved or acquired for widening the highway.

(12) "limited access highway" means a highway, access to which is permitted only at points specifically provided or agreed to for the purpose by the highway authority.

(13) "middle of highway" means in the relation to any highway for the improvement of which plans have been prepared by the highway authority, the middle of the highway as proposed to be improved in accordance with the plans, and where no such plans have been prepared, the point halfway between the boundaries of the highway.

(14) "motor vehicle" means a motor vehicle as defined in the Motor Vehicles Act, 1939.

(15) "permit" means the document issued by an authority competent to issue it authorising the use of vehicle as a public vehicle.

(16) "prescribed" means prescribed in this Act or under rules made under this Act.

(17) "Public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a public vehicle.

(18) "public vehicle" means any vehicle used or constructed or adapted to be used for the carriage of passengers or goods for hire or reward.

(19) "standard width of highway" means the width of a highway between its boundaries as prescribed by the highway authority under Section 11.

(20) "survey includes" all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a resurvey.

(21) "survey mark" means any mark or object erected, made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points.

(22) "survey officer" means any person appointed to be a survey officer under this Act.

(23) "vehicle" includes any wheeled conveyance drawn propelled or driven by any kind of power including, human, animals, motor steam or electric power, and includes any barrow, sledge, plough, drag or the vehicle.

Part II

Highway Authorities, Their Powers & Functions

CHAPTER II

Highway Authorities

Appointment of Highway Authority.- (1) The State Government may, by notification in the official gazette, appoint any person, either by name or by virtue of his office, to be the highway authority for all highways in the State or for all the highways in such part of the State or for such particular highway or highways in the State and subject to such conditions and limitations as may be specified in the notification.

(2) A highway authority so appointed shall exercise and discharge throughout its jurisdiction powers and functions specified in the succeeding chapters subject only to such limitations as may have been imposed by the notification issued under sub-section (1).

Transfer of control from one Highway Authority to another.- (1) The State Government may at any time by notification in the official gazette transfer control of any highway from itself or any of its departments functioning as the highway authority to another highway authority, or from one highway authority to another, in regard to such matters, dealt with by this Act and on such conditions as may be specified in the notification.

(2) When a highway authority has been changed in the manner prescribed under sub-section (I), the new highway authority shall as from the date of the notification issued under that sub-section, exercise in respect of the highway or highways of which control has been transferred, all the powers and functions of the previous highway authority subject to the conditions if any, specified in that notification.

CHAPTER III

Development and Maintenance of Highways

Power to enter lands for reconnaissance and preliminary survey in connection with highway scheme.- (1) The highway authority, or any officer not below the rank of P.W.D. or local Board Supervisor authorised by the highway authority in this behalf, may undertake a reconnaissance survey in connection with the preparation of a highway scheme and may for this purpose;

(a) enter upon any land along with his workmen and survey and take measurements and levels on it,

(b) mark such levels, dig or bore into the sub-soil and do all other acts necessary to ascertain whether the land is suitable,

(d) where otherwise survey can not be completed and the levels taken and the boundaries marked, cut down and clear any part of a standing crop, fence or jungle:

Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least 48 hours' notice in writing of his intention to do so.

(2) The highway authority or the authorised official shall at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the collector or other Chief Revenue Officer, of the district, and such decision shall be final.

Preparation of schemes for highway development.- (1) The highway authority may, of its own accord, or if expressly requested by the competent authority shall, subject to the other provisions of this Act and subject to such rules as may be framed by the State Government for this purpose, prepare and submit to the competent authority for sanction, a detailed scheme for the construction of a new highway or the improvement of or repairs to an existing one.

(2) Such a scheme may provide for :

(a) the acquisition of any land which in the opinion of the highway authority is considered necessary for its execution,

(b) the laying out or relaying out of all or any of the lands so acquired.

(d) the construction or reconstruction of the roadway including its widening, levelling surfacing, bridging, sewering, draining water supply and street lighting arrangements and planting of road side trees,

(e) the laying of foot-paths, cycle tracks and special traffic lens for any kind or class of vehicles, the designing and siting of parking bays and petrol filling and service station, the location of advertisement posts and bill boards, and

(f) the layout of access roads at suitable distances connecting the highway or the proposed highway with the adjoining properties.

Power to do certain acts for execution of highway schemes.- When the competent authority has sanctioned the highway scheme prepared in pursuance of Section 6 and provided the necessary finances for its execution, the highway authority shall proceed to carry out the work and may, for this purpose:-

(1) enter into and perform and such contracts on behalf of the competent authority as may be considered necessary.

(2) make arrangements for the acquisition of the lands required under the schemes by outright gift or purchase by agreement with the owner of owners, or, failing such agreement, by resort to the procedure set out in the Land Acquisition Act, 1894,

(3) turn, divert of close either temporarily or permanently any existing highway or portion thereof, and

(4) regulate, subject to such rules as may be prescribed in this behalf, the kind, number and speed of vehicles using any highway or portion thereof by means of barrier, diversion roads or other means.

Maintenance of highway Plans.- (1) A highway authority shall maintain authoritative plans for the highway in its charge.

(2) Such plans shall show clearly the boundaries of the highways, the detailed measurements of road widths, the distances between boundary marks and sufficient measurements from fixed points to enable the refixation in position of boundary marks in case they have been displaced to tampered with.

(3) The highway authority shall have all such authoritative plans prepared after having a survey made of the highway lands and their boundaries in the manner prescribed in Chapter X and in accordance with the record of that survey as notified as notified under Section 51 and modified, as may be under Section 52.

Demarcations of road boundaries.- (1) The highway authority shall have the boundaries of the highways in its charge demarcated with reference to the authoritative plans maintained by it, by planing stones or other suitable marks of a durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shown the road boundary correctly.

(2) Where there are bends or links 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) Where standard widths have been prescribed for any highway under Section 11, the distance between the highway boundaries so demarcated shall correspond to that width.

Annual check of road boundaries.- (1) It shall be the duty of the highway authority to conduct an annual check of the boundaries of the highway in its charge with a view to the location of unauthorised encroachments, if any.

(2) When the highway authority is satisfied that an unauthorised encroachment has been made on highway land, it shall take immediate steps as specified in Section 21 for the removal thereof.

CHAPTER IV

Prevention of Ribbon Development Along and Control of Access to Highways

Standard widths of highways.- (1) The highway authority may with the previous approval of the State Government, prescribe a standard width for any highway in its charge.

(2) The standard width may be different in different portions of the same highway according to local needs.

(3) When a highway authority proposes to prescribe a standard width in respect of any highway or a portion thereof, it shall notify the proposal in the official gazette and invite objections, if any, to be submitted to it within sixty days of the date of publication of the notification.

(4) The notification shall also be published in at least two newspapers, one at least of which shall be in the local language, circulating in the locality where the highway is situated, and, in addition, copies of the notification shall be prominently displayed in a number or places in the locality.

(5) All objections received within the prescribed period shall be taken into account by the highway authority before finalising its proposal for submission to the State Government.

(6) The State Government may reject or sanction the proposal with or without modifications, and shall publish their orders in the official gazette.

(7) When the State Government's orders sanctioning the proposal with or without modification has been issued, the highway authority shall cause further publicity to be given to the standard width, as finally approved, the same manner as prescribed, in sub-section (4), and the records so published shall thereupon be conclusive proof that the standard width so determined and recorded therein has been correctly determined and recorded.

(8) In the determining the standard width, the highway authority and the State Government shall take into account the requirements of public health and welfare and of safety and convenience for all classes of traffic, including pedestrians and cyclists likely to use the highway.

(9) The standard width so determined may at any time be altered but the procedure for such alteration shall be the same as prescribed for the determination of the original standard width.

(10) The highway authority shall, as early as economically practicable after the prescription of the standard width, acquire either by direct negotiation or, failing such negotiation, by compulsory acquisition under the Land Acquisition Act, 1894, all land lying within the standard width not already forming part of the highway land.

Prescription of building and control lines.- (1) The highway authority may, with the previous approval of the State Government, determine a building line and a control line in respect of any highway, or part of a highway in its charge along one or both side of the highway.

(2) The distance between the middle of a highway and the building line or that between the building line and the control line, which shall be fixed with due regard to the requirements of safety and convenience for traffic and of public health welfare, may vary in different portions of the highway according to local conditions.

(3) When a highway authority proposes to determine a building and a control line in respect of a highway, the same procedure shall as far as applicable be followed as prescribed under sub-sections (3) to (7) of Section 11 for the prescription of standard width.

(4) The building and control lines as finally determined shall be demarcated on the ground by distinctive stones of other suitable marks which may be painted with different colours and serially numbered.

Restrictions of building etc. in the area between the highway and the building line.- (1) Notwithstanding anything contained in any other law for the time being in force, it shall be unlawful for any person, except the highway authority or any person working on behalf of the highway authority.

(a) to construct or lay out any means of access to or from a highway,

(b) to erect or re-erect any building or materially alter the outside appearance of any existing building.

(d) to construct, form or lay out any works, upon land lying nearer to the middle of a highway than a distance equal to one-half of its standard width prescribed under Section 11, or upon land lying in between the boundary of a highway and the building line determined in respect of the highway under Section 12. Provided, however these restriction shall not apply to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line, pipe, duct or the apparatus, constructed in or upon the land before the date on which the restrictions came into force or, with the consent of the highway authority, on or after that date.

(2) Should any building (including a wall) or any parts thereof lie within the area between the building line 'and the middle of a highway, the highway authority may, whenever such building or part has been either entirely or in greater part taken down or burnt down or has fallen down, by notice require such building or part when rebuilt to be set back to the building line.

Restriction on building etc. between the building and the control lines.- (1) Notwithstanding anything contained in any law for the time being in force, no person shall erect or re-erect any building or structure or make or extend any excavation or construct, form or lay out any means of access to a highway upon land lying in between the building and control lines determined in respect of the highway, except with the previous permission of the highway authority in writing.

(2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the highway authority in such form and containing such information in respect of the building excavation or means of access of which the application relates, and together with such fees as may be prescribed.

(3) On receipt of such application, the highway authority after making such enquiries as it may consider necessary, shall by order in writing either :

(a) grant the permission, subject to such reasonable conditions, if any as may be specified in order, or

(b) refuse to grant such permission.

(4) The highway authority shall not ordinarily refuse permission to :

(a) the erection of a building or structure or the making of or extending an excavation which conforms to the requirement of public health and welfare and of safety and convenience of traffic on the adjoining highway, or

(b) the re-erection of a building or structure which was in existence on the date of which the restrictions under sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.

(5) When the highway authority refuses the permission, the reasons before shall be recorded and communicated to the applicant.

(6) In the event of refusal, the applicant may submit fresh application for permission to the highway authority, avoiding the objectionable features on account of which the first application was refused and such a fresh application shall be considered by the highway authority as if it were made for the first time.

(7) If at the expiration of a period of three months after an application has under sub-section (1) or sub-section (6) been made to the highway authority, no order in writing has been passed by that authority, no order in writing has been passed by that authority, permission shall be deemed to have been given without the imposition of any conditions. Provided that no such automatic grant of permission shall be presumed if the application is one for the construction, formulation or laying out of any means of access.

(8) The highway authority shall maintain a register with sufficient particulars of all permissions given or refused or refused by it under this section and the register shall be available for inspection free of charge by all person interested and such persons shall be entitled to take extracts therefrom.

(9) Any person aggrieved by an order under sub-section (2) granting permission subject to conditions or refusing permission, may with thirty days from the date of such order prefer an appeal to the State Government whose order in the matter shall be final.

Declaration of limited access highway.- (1) The highway authority may with, the written approval of the State Government, declare a highway or any portion of it to be a limited access highway.

(2) When a highway authority proposes to make any such declaration, the same procedure shall, as far as applicable, be followed as prescribed under sub-section (3) to (7) of Section 11 for the prescription of standard widths.

(3) It shall be unlawful for any person to lay out a new means of access to a limited access highway for vehicles or pedestrians, except with the specific permission of the highway authority.

(4) The procedure for obtaining the permission of the highway authority for this purpose shall be the same as prescribed in Section 14 and in the event of refusal of permission the applicant shall have the right of making a fresh application to that authority and the right of appeal to the State Government in the same manner as provided for in that Section.

(5) When any highway or part of it has been declared to be a limited access highway, the highway authority shall, within six months of the final publication of the declaration or such longer time as may be specially allowed by the State Government in any individual case, prepare a plan of such highway or part showing the points on which access shall, if applied for in accordance with sub-section (4), be permitted.

(6) A plan so prepared shall be available for inspection by the public in the office of the highway authority free of charge at all reasonable times, and copies of it shall be made available to any member of the public on application to the highway authority and on payment of such reasonable cost as may be prescribed.

Regulation or division of existing rights of access.- (1) The highway authority may, if it is considered essential in the interests of safety of convenience of traffic, regulate or divert any existing right of access to highway across land lying between the control line and the highway boundary.

(2) Where an existing right of access is diverted the point at which alternative access given to highway shall not be unreasonably distant from the existing point of access.

(3) In the case of existing village tracks and lanes giving access to a highway to right angles, the alternative access that may be provided shall as far as possible have a diagonal approach to the highway.

Compensation.- (1) Notwithstanding anything contained in any law for the time being in force, no person shall be entitled to claim any compensation for any injury, damage or loss caused or alleged to have been caused as result of:

(a) the restrictions imposed against the erection or re-erection of a building or the making or extending of any excavation or the laying out of any means of access on or across land lying in between the control line and the middle of a highway under sub-section (1) of Section 13 or sub-section (1) of Section 14 ;

(b) the regulation or diversion under Section 16 of the existing rights of access across lands lying within the control line and the highway boundary, and

(c) the refusal of permission to the laying out of new means of access to a limited access highway under sub-section (3) of Section 15.

Provided that compensation shall be payable by the highway authority :

(i) where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building line of any highway, and

(ii) where permission to erect or re-erect a building in the area lying in between the control line and building line of a highway has been finally refused under Sections 14.

(2) Where compensation is payable under the proviso to sub- section (1), the claimant may, within three months of the date of notice issued by the highway authority under sub-section (2) of Section 13 or within three months of the date of final refusal of permission under Section 14, as the case may be, make to the Government his claim for compensation.

(3) On receipt of the claim under sub-section (2), the State Government shall transfer it for disposal to an officer exercising the powers of a Collector under the land Acquisition Act, 1894.

(4) Nothing in this section shall be deemed to preclude the settlement of claim by mutual agreement.

Amount of compensation how determined.- When a claim is transferred for disposal under sub-section (3) of Section 17 to an officer exercising the powers of a Collector under the land Acquisition Act, 1894, such officer shall make an award determining the amount of compensation payable to the claimant.

(2) The amount of compensation awarded under sub-section (1) shall in no case exceed in the difference between the market value of the land when permission is refused and the market value which it would have hand if permission and been granted.

(3) No compensation shall be awarded under sub-section (1);

(i) unless the claimant satisfies the officer making the award that of proposals for the development of the land, which at the date of application under sub-section (2) of Section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and there was demand for such development, or

(ii) if and in so far as the land is subject so substantially similar restrictions in force under some other enactment which were so in force at the date when the restriction were imposed under this Act, or

(iii) if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under any other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.

(4) The provisos of Part III, IV and VII of the Land Acquisition Act, 1894 shall, so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act.

CHAPTER V

Prevention of Unauthorised Occupation of Highway Land and Removal or Encroachments

Highway lands to be deemed government property.- All lands forming part of a highway which do not already vest in the State Government shall, for the purpose of this Chapter, be deemed to be Government property.
Prevention of unauthorised occupation of highway land.- (1) No person shall occupy or encroach on any highway land without obtaining the previous permission in writing of the highway authority or any officer authorised by the highway authority in this behalf.

(2) The highway authority or the authorised officer may, with due regard ton the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules, permit any person;

(i) to place a movable encroachment on any highway in front of any building owned by him or make a movable structure over-hanging the highway.

(ii) to put up a temporary awning or tent, pandal or other similar erections or a temporary stall or scaffolding on any highway, or

(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway, or

(iv) to make a temporary excavation, for carrying out any repairs or improvement to adjoining buildings.

Provided that no such permission shall be deemed to be valid beyond a period of one year unless expressly renewed by the highway authority or the authorised officer.

(3) The permission so granted shall clearly specify the date upto which the person is authorised to occupy the highway land, the purpose for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if necessary.

(4) The person in whose favour such a person has been given shall produce the permit for inspection whenever called upon to do so by any highway official and shall at the end of the period prescribed in the permit release the land occupied by him after resorting it to the same state as before occupation by him.

(5) The highway authority or the officer issuing the permission shall maintain a complete record of all such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period up to which occupation has been authorised to ensure that the land has actually been vacated.

Removal of encroachments.- When, a result of the annual check of highway boundaries made under Section 10, or otherwise, it transpires that an encroachment has taken place on highway land, the highway authority or any officer authorised in this behalf shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition before encroachment which the period specified in the notice.

(2) The notice shall specify the land encroached upon and the time limit within such encroachment shall be removed and shall also state that failure to comply within the prescribed period shall render the person liable to prosecution and also to summary eviction.

(3) If the encroachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-compliance, the high authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary booths for vending etc. the highway authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lieu of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upon.

(5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petty or trial within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (3) have the encroachment summarily removed with the assistance of the police, if necessary.

(6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either-

(i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or

(ii) have the encroachment removed with the help of the police, if necessary.

(7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prespective right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub- section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and the magistrate shall thereupon have the encroachment removed.

Injunction on the highway authority to desist from removal of encroachment.- (1) Where the person on whom notice to remove an encroachment has been served under sub-section (1) of Section 21, lays claim that the land in respect of which encroachment has been alleged is his property or that he has acquired a prescriptive right over it by virtue of adverse possession, he shall within the time limit prescribed in the notice for the removal of the encroachment, file a suit in a competent civil court and also get an injunction on the highway authority to desist from taking further action in the matter till the suit has been disposed of.

(2) When such an injunction has been issued, the highway authority or the authorised officer shall suspend further action until the suit filed by the person has been disposed of.

Recovery of cost of removal of encroachments.- (1) Whenever a highway authority or the officer authorised under sub-section (1) of Section 21 has under the provisions of that Section removed any encroachment or carried out any protective work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overhead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.

(2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to be authority mention in the bill.

(3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred and shall not be questioned in any civil court.

(4) The materials, if any, recovered as result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the bill by him but in the event of his failure to pay up the bill within in the specified date, the materials may be auctioned and after deducting the amount of the bill from the proceeds, the balance if any, shall be made over to him.

(5) If the proceeds of the auction sale do not cover the total billed amount, the excess over the amount realised by the sale of materials or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue.

CHAPTER VI

Improvement and Maintenance of Village Roads

State Government to direct highway authority to take over village tracks for development and maintenance.- The State Government may, whenever it deems it to be necessary in the public interest, by notification in the official gazette direct a highway authority to take over for road construction and/or maintenance any land constituting a village road or track on which the public have, or have established by long usage, a permanent right of way, irrespective of whether such village road or track has been shown in the Settlement Records as a public way or not, and whether the ownership of such land vests in the Government or any landlord or a proprietary body.

(2) Such notification shall be given proper publicity in the locality of the village road or track.

(3) All such lands taken over by the highway authority as a result of the notification issued under Section (1), as are not already deemed to be crown property, shall be so deemed for purposes of Chapter V, and the provision of that chapter shall apply fully to such lands.

Highway authority to require the proprietor of village road land to repair the road properly where he is under obligation to do so.- (1) Where there is any obligation by law or by custom or otherwise, on any landlord or proprietary body to maintain a village road or track on which the public have or have acquired a permanent right of way, and such road or track is not in the opinion of any highway authority properly maintained, that authority may issue a notice to the landlord or the proprietor to repair the road or track within such a reasonable time and in such manner as may be specified in the notice.

(2) If at the end of the specified period the repairs have not been carried out in the manner specified, and the landlord or the proprietor has not furnished any satisfied explanation for non-compliance, the highway authority may move the State Government to transfer control of the road or track to it or to any other highway authority under sub-section (1) of Section 24.

(3) The State Government, while directing the transfer of control of such village, road or track to any highway authority, may determine whether any, and it so what, portion of the cost of repair which the highway authority may incur shall be recovered from the landlord or the proprietor in discharge of his obligation to maintain the road or track.

Highway authority to acquire reversionary right of proprietors in village road land.- (1) Where the control of a village road or track has been taken over by a highway authority as a result of a notification issued under sub-section (1) of Section 24 and the ownership of the land constituting the road or track vests in a landlord or proprietary body, the highway authority shall acquire by direct negotiation or, failing negotiation, by resort to be Land Acquisition Act, 1894, the reversionary rights, if any, of the landlord or proprietary body to the land by paying suitable compensation.

(2) In determining the compensation payable under sub-section (1), regard shall be had to the fact that the reversionary right is very remote.

(3) The amount, if any, payable by the proprietor under sub-section (3) of Section 25 may be set off against the compensation payable to him under sub-section (1).

Part III

Control of Land Development in Areas Adjacent to Highways and Levy of Betterment Tax

CHAPTER VII

Control of Roadside Lands

Appointment of Planning Boards for control of development in areas adjoining highways.- (1) The State Government shall, by notification in the official, gazette, appoint a Planning Board (hereinafter referred to as the Board) for the control of township development in the State in areas adjoining highways outside the territorial jurisdiction of Municipalities, City Corporations, City improvement Trust or like Bodies, not being District Boards :

Provided that the State Government may, if it considers a single Board to be inadequate for handing the work in the whole State, appoint more than one such Board, each for a specified region in the State.

(2) The State Government may, at any time by notification in the official gazette, add to or reduce the area of jurisdiction of a Board.

(3) A Board, so applied, shall be a body corporate and have perpetual succession and a common seal and shall sue and be sued by its own name.

Constitution of the Planning Board and transaction of business by it.- (1) A Board shall consist of such number of members, official or non-official, not being less than three, as the State Government may from time to time determine by notification in the official gazette.

(2) One of the members of the Board shall be a Highway Engineer, a second Town Planner with knowledge of architecture, and a third with experience in land valuation.

(3) The Board shall meet and transact business in accordance with such rules as may be prescribed by the State Government in this behalf.

(4) Such rules shall also provide for the appointment of a chairman from among the technical member of the Board, the payment of remuneration and travelling allowance to him and the other members, and the appointment of staff for the Board.

(5) If any member of a Board owns, or has any interest in, land lying in any area the development of which is controlled by such a Board, he shall take no part in the proceedings of the Board relating to such area.

(6) A Board shall be provided by the State Government with such funds as may be required for the proper discharge of its functions and shall maintain regular accounts in accordance with such rules as may be prescribed by the State Government in this behalf.

28A. Specification of areas where control is to be exercised over development. - (1) Whenever a highway authority has reason to believe that an area adjacent to a highway outside the territorial limit of a Municipality, City Corporation or City improvement Trust or other like body not being a District Board, is likely to develop into a building or industrial area and that such development if left unregulated is likely in course of time to affect the highway adversely, it shall in writing request the State Government to direct the Board, or the appropriate Board if more than one such Board have been appointed in the State, to control the Development in that area.

(2) On receipt of such request from a highway authority, or at its own instance, or at the instance of any class or public, and after making such enquiries as may be deemed necessary, the State Government may by notification in the official gazette direct the Board, or the appropriate Board if there is more than one in the State, to exercise control over development in such area:

Provided that the State Government may, at its discretion direct in adjoining Municipality, City Corporation, City Improvement Trust or other like body to exercise control over such area in accordance with the under which such body functions within its own limits of jurisdiction.

Survey and demarcation of the area and the preparation of a layout plan for its development.- (1) The Board shall, as soon as possible after is has been notified to exercise control over development in any area, have a survey made of such area and shall have the boundaries thereof demarcated with reference to the survey.

(2) The boundaries so demarcated shall be notified by the Board in the official gazette in such detail as may be necessary for the proper identification of the area.

(3) Within a year of the date of notification issued under sub-section (2) or such longer period as may be specially permitted by the State Government in this behalf, the Board shall prepare a layout plan of the area showing the sites of proposed roads, parks play fields, residential localities, industrial areas, access lanes to the adjacent highway, etc.

(4) The access points to the adjacent highway and the general layout plan shall be fixed in consultation with the highway authority concerned.

(5) The layout plan so prepared shall be deposited by the Board with the Principal Revenue Officer of the district of in which such area is located and also in its own office and in the office of the highway authority concerned, and the plan so deposited shall be available for inspection by the public free of charge at all reasonable times.

(6) Copies of the plan shall be made available to any interested member of the public on application to the Board and on payment of such reasonable cost as be fixed by the Board.

Regulation of development in the area.- (1) It shall be unlawful after a notification has been issued by the Board under sub-section (2) of Section 29, to construct or re-construct any building in the area so notified or to layout any means of access in that area towards the adjacent highway without obtaining the prior permission of the Board.

(2) Every person wishing to construct or re-construct any structure or to layout any means of access in that area shall apply to the Board for permission in such form and with such details plans and together with such fees, if any, as may be prescribed by the Board.

(3) The Board shall, as soon as possible after the receipt of an application, by order in writing either.

(a) grant the necessary permission, with or without such reasonable conditions as may be specified in the order if the proposal of the applicant is not inconsistent with the layout of the area planned or contemplated, and is otherwise unobjectionable, or

(b) refuse the permission.

(4) If at the expiration of 3 months from the date of application no order in writing has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions :

Provided, however, no such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway.

(5) In the event of refusal of permission, the Board shall communicate to the applicant the defects or the objectionable features of the proposal responsible for its rejection.

(6) The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such application shall be disposed of by the Board under sub-section (3) as if it were a fresh application.

(7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved plan, a fresh application shall be made to the Board as if the modified plan constituted a fresh proposal and, pending the disposal of such fresh application by the Board under sub-section (3), the construction work shall be suspended by the applicant.

(8) Any person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.

(9) If any person constructs or re-constructs any structure or lays out any means of access without obtaining the permissions of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed and recover from him the expenditure involved, together with 15% departmental charges, in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable.

(10) The Board shall be the sole judge of what constitutes substantial deviation from the approved plan for purpose of sub- section (9).

Planning Board to acquire land for planned development where necessary.- (1) Where after the issue of a notification under sub-section (2) of Section 29 it appears to the Board that the planned development of the notified area can be secured only by acquiring land in that area, it may, with the prior consent of the State Government, acquire the entire area or such part of its as may be considered necessary, either by direct negotiation with the owner or failing such negotiation, by resort to the provisions of the Land Acquisition Act, 1894.

(2) Such area as may be acquired under sub-section (1) shall be properly laid out by the Board, the necessary improvement effected and sites assigned sold or leased to the public for a specified period not exceeding 99 years, for construction according to approve plans.

CHAPTER VIII

Levy of Betterment Tax

Planning Board to decide on levy of betterment tax with the consent of State Government who shall determine the rate of levy.- (1) Where a Board is of the opinion that the value of land in any area in its charge is likely to increase as a result of the development at public expense of any area adjoining a highway, it may, with the previous consent of the State Government, decide to levy a betterment tax in respect of such area :

Provided that where in pursuance of Section 31 the Board has acquired any area and has had it properly laid out and sold or leased to the public, no betterment tax shall be levied in respect of such area.

(2) The State Government, when approached by the Board under sub-section (1) for its consent to the levy of betterment tax in any area, shall while giving such consent determine the percentage rate, not exceeding 80% of the betterment value, at which the tax shall be levied in such area and communicate the same to the Board.

(3) Where it is decide to levy a betterment tax in respect of any area, the Board shall cause the decision to be notified in the official gazette and shall also secure further publicity to the notification in the manner prescribed under sub-section (4) of Section 11.

(4) The notification shall specify:-

(a) the exact area in which the betterment tax is to be levied,

(b) the date on which the prevailing land value shall be deemed to be the basic value for purposes of commuting betterment, and

(c) the percentage rate of betterment value at which betterment tax shall be levied, as determined by the State Government under sub-section (2).

(5) When the development or improvement of the area adjoining the highway has been completed or, in the opinion of the Board, has reached a stage sufficiently advance to enable the resulting betterment to be determined, the Board shall notify in the official gazette the date on which the execution of the scheme has been completed or shall be deemed tom have been completed, and shall also cause further publicity to such notification in the manner prescribed under sub-section (4) of Section 11.

Computation of betterment value.- (1) For land which has already been built upon or on which permission to build has already been accorded before the date notified under sub-section (5) of Section 32, betterment value shall be the value on that date less the basic value as computed with reference to the date notified under sub-section (4) of that Section less, the estimated cost of improvement work, if any, carried out the owner between the two dates.

(2) For land which on the notified under sub-section (5) of Section 32 has neither been built upon nor in respect of which permission to build has been accorded before that date, the betterment value shall be the value on the date when permission to build is granted less the basic value as computed with reference to the date notified under sub-section (4) of Section 32, less that estimated value of improvement, if any, carried out by the owner between the two latter dates.

Assessment of Betterment tax.- The Board shall, at any time after a month of the publication of the notification under sub-section (5) of Section 32 assess the amount of betterment tax payable by every individual owner of land, arid shall serve a notice on him in writing in the prescribed manner, specifying the amount of tax payable by him, the details of calculation, the installments if any in which payment may be made, the date or dates on or before which payment may be made, the date or dates on or before which payment of the full amount or of the instalments shall be made, and the authority to whom payment shall be tendered.

(2) Any person on whom a notice for payment or betterment tax has been served under sub-section (1), may within one month from the date of service of such notice, file an objection before the Board in respect of the assessment made against him. Provided that the Board shall have discretion to entertain objection even after the expiry of the period of one month if it is satisfied that the failure to file such objections in time was due to causes beyond the control of objector.

(3) After an opportunity has been give to the objector of being heard in person or through pleader the Board may confirm, modify or cancel the assessment made under sub-section (1).

(4) Any person aggrieved by the orders issued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.

(5) If any person on whom a notice has been served under sub-section (1), fails to file any objection under sub-section (2), the assessment shall be conclusive and shall not be questioned in any court of law.

Betterment tax may at option of the owner of land be made a charge on his interest in the land.- (1) The person liable to pay a betterment tax may, it has option, instead of making either a lump-sump payment or payment by installment where allowed by the Board, execute an agreement with the Board or any other authority specially authorised by the State Government in this behalf, to leave the said liability outstanding as a charge on has interest in the land subject to the payment in perpetuity of interest at the rate of 6% per annum.

(2) A person who has exercised his option under sub-section (1) may at any time after giving six months notice of his intention so to do, redeem the charge of paying the assessed amount of betterment tax or such part of it as may have been outstanding against him at the time he execute the agreement under sub-section (1).

Arrears of betterment tax to be recovered ass arrears of land revenue.- Arrears of betterment tax shall be realised in the manner provided for the recovery of arrear of land revenue.
Appropriation of the proceeds of betterment tax.- The proceeds of the betterment tax, levied in any area, shall after deduction of the assessment and collection charges, be made over by the Board to the Provincial Government may direct.

Part IV

Miscellaneous and Supplemental Provisions

CHAPTER IX

Supplemental Provisions To Secure Safety of Traffic and Prevention of Damage to Highway

Prevention of cover structure of view or distraction of attention, of persons using any highway.- (1) Where a highway authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view or distraction of the attention of persons using any highway, especially any bend or corner of the highway, it may serve a notice upon the owner or occupier of land along side or at the bend or corner of such highway to alter or remove altogether, within such time and in such a manner as may be specified in the notice the height or character of any existing wall, (not being a wall forming part of a permanent structure), fence, hedge, tree, advertisement post, bill board or any other object thereon, so as to eliminate or minimise the apprehended danger.

(2) If any person upon whom a notice has been served under sub- section (1), objects to comply with any requirement of such notice, he may, within 14 days of its receipt send to the highway authority his objection in writing sating the grounds thereof.

(3) The highway authority shall, within 14 days of the receipt of the objection consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.

(4) If a person is aggrieved by an order issued by a highway authority under sub-section (3), he may prefer an appeal within 7 days of the date of such order to the collector or Chief Revenue Officer of the district, whose decision in the matter shall be final.

(5) It any person falls to comply with the notice served on him under sub-section (1) as amended or confirmed as the case may be under sub-section (3) or (4), the highway authority may take action to alter or remove the object causing obstruction or distraction of view at its own expense, and such expenditure with 15% departmental charges, shall be recovered from, such person in accordance with the provisions of Section 23, without prejudice to any other action which may be taken against him.

Highway authority to regulate traffic when highway deemed unsafe.- (1) If at any time at appears to a highway authority that any highway in its charge or any portion thereof is or has been rendered unsafe or vehicular or pedestrian traffic by reason of damage or otherwise, it may, subject to such rules as may be prescribed in this behalf, either close the highway or the portion of it to all traffic or to any class of traffic, or regulate the number and speed of vehicles using the highway.
Prohibition of use of heavy vehicles on certain highways.- Where the highway authority is satisfied that the surface of any highway, or a portion thereof or any bridge, culvert or cause way built across an highway, is not designed to carry vehicles of which the laden weight exceeds a certain limit it may subject to such rules as may be prescribed in this behalf, prohibit or restrict the playing of such vehicles on or over such highway or such part of the highway or such bridge, culvet or causeway.
Power of highway authority to control traffic to be exercised through the authority appointed under part V to control traffic.- (1) Where in pursuance of clauses (3) and (4) of Section 7 or in exercise of the powers under Section 39 or 40, the highway authority desires temporarily to close any highway or part of it to traffic or to restrict or regulate traffic thereon in any manner, it shall in writing request the authority authorised to control traffic under Part V of this Act to enforce the restrictions in the said manner.

(2) Where such a request has been received from a highway authority, the authority empowered under Part V to control traffic shall take all necessary measures to enforce the said restrictions in accordance with provisions of that part.

Procedure to be followed when highway authority wishes permanently to close any highway.- (1) Where, in pursuance of clause (3) of Section 7 or in exercise of Section 39, a highway authority desires permanently to close down any highway or part thereof, it shall give notice of its intention so to do in the official gazette, and shall cause further publicity to be given to the notice in the manner prescribed under sub-section (4) of Section 11.

(2) The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already he in existence and shall also invite objections any, to the proposal to be submitted within such time as may be specified.

(3) The highway authority shall finalise it proposal to close down any highway or part of it after considering the objections, if any, received within the specified time, and shall submit the final proposal to the State Government for approval together with such objections as may have been received against the proposal.

(4) The State Government may either approved the proposal, with or without modification, or reject it.

(5) When the State Government has approved the proposal, it shall publish its orders in the official gazette.

(6) When the orders of the State Government have appeared in the official gazette, the highway authority shall arrange for further publicity to the given to the orders in the manner prescribed under sub-section (4) of Section 11 and the highway or part thereof shall then be closed.

(7) When any highway or any part thereof has been so closed reasonable compensation shall be paid to every person who was entitled, otherwise than as mere member of the public, to use such highway or part as a means of access to or from his property and has suffered of such closing.

(8) Where an alternative route has been provided or is already in existence amount of compensation payable to any person under sub-section (7) shall in no case exceed the cost of laying a new means of access from his property to such alternative route.

(9) Where compensation is payable under sub-section (7), then claimant shall, within 3 months of the closing of the highway or part, make to the State Government his claim for compensation and such claim shall be disposed of in accordance with the provisions of Sections 17 (3) and 18 (1).

Consent of highway authority required to do certain acts on highways.- (1) Notwithstanding anything contained in any other enactment for the time being in force, no person other than a highway authority or its authorised agent shall construct or carry any cable, wire, pipe, drain sewer or channel of any kind through across, under or over any highway, except with the specific consent of the highway authority.

(2) In giving its consent, the highway authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge any land forming part of the highway occupied by or applied to the proposed work.

(3) If any person constructs or carried out any work in contravention of sub-section (1), the highway authority may arrange for the removal such work and restoration of the highway to its former condition in accordance with provisions of Section 21 as if the work constituted an encroachment on the highways and such expenses the highway authority may incur for this purpose, together with 15% departmental charges thereon, shall, without prejudice to any other action that may be taken against such person, be recovered from him in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable.

Prevention and rectification of damages to highway.- 44. (1) No person shall wilfully or negligently cause, or allow any vehicle or animal in his charge to cause any damage to any highway.

(2) Where in contravention of sub-section (1) any damage has been caused to any highway, the highway authority shall have the damage repaired and the expenses involved, together with 15% departmental charges, shall, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1), be recovered from him in accordance with the procedure prescribed under Section 23 in so far that procedure is applicable.

CHAPTER X

Survey of Highway Lands and Highway Boundaries for Preparation of Authoritative Plans

State Government to order survey and appoint survey officer when so requested by the highway authority.- (1) Where, in pursuance of sub-section (3) of Section 8, a highway authority wishes to have a survey made with a view to the preparation or authoritative plan or plans for any highway in its charge, it shall request the State Government in writing to order the survey and appoint a Survey Officer for the purpose.

(2) If, on receipt of such request and after making such further enquiries as may be deed necessary, the State Government is satisfied about the need for such survey, it may, by notification published in the official gazette, order that the proposed survey shall be made and shall simultaneously appoint a Survey Officer for the purpose.

Survey Officer to publish notification.- (1) When a survey has been ordered under Section 45, the Survey Officer appointed for the purpose shall publish a notification in the official gazette inviting all persons having or claiming to have any interest on the land adjoining the highway or its boundaries of which the survey has been ordered attend either in person or by agent at specified place and time and from time to time thereafter when called upon for the purpose of pointing out the boundaries and supplying information in connection therewith.

(2) The Survey Officer shall cause further publicity to be given to the notification issued by him under sub-section (1) in the manner prescribed in sub-section (4) of Section 11.

(3) A notification published in accordance with sub-section (1) and further published in accordance with sub-section (2) shall be held to be a valid notice to every person having or claiming to have any interest in the land or boundaries of which the survey has been ordered.

Survey Officer to give special notice to highway authority to enable the latter to make representations if necessary.- (1) The Survey Officer shall give a special notice to the highway authority intimating the date and time from which the survey of the highway shall be carried out.

(2) The highway authority shall, on receipt of such special notice, take such steps as may be deemed necessary to watch the survey Proceedings and to make representation to the Survey Officer whenever it has reason to believe that the interests of the highway are being or likely to be adversely affected.

Power of survey officer to determine and record undisputed boundary.- (1) The Survey Office shall have power to determine and records as undisputed any boundary in respect of which no dispute is brought to his notice.

(2) Notice of every decision of the Survey Officer under sub- section (1) shall be given in the prescribed manner to the registered holders of the land the boundaries of which may be affected by the decision and also to the highway concerned.

Power of survey officer to determine and record a disputed boundary.- (1) When a boundary is disputed, the Survey Officer after making such enquiry as he considers necessary, shall determine the boundary and record it in accordance with his decision and shall also record in writing the reasons for this decision.

(2) Notice of every decision of the Survey Officer under sub-section (1) shall be given in the prescribed manner to the parties to the dispute, to the highway authority and to the other registered holders of the land the boundaries of which may be affected by the decision.

Appeals against order of the survey officer under Sections 48 & 49.- (1) The highway authority or any other person affected by the decision under Section 48 or 49 may, within three months of the date of service of notice under those sections, appeal to the Collector or the Chief Revenue Officer of the district and the decision of such officer shall be recorded in writing and notice of such decision given in the prescribed manner to the parties to the appeal. Any modification of the Survey Officer' decision ordered by the appellate authority shall be noted in the record prepared under Section 48 or 49 as the case may be.

(2) No appeal preferred after the expiry of the said period of three months shall be admitted.

Provided that the time taken to obtain a copy of the decision and the map under sub-section (3) shall not be taken into account in calculating the said period of three months.

(3) A copy of the order and a copy of the map recording the boundaries as determined under Section 48 or 49 or sub-section (1) of this section, shall be furnished to the highway authority or to any person interested in such order map, as the case may be or the application to the Survey Officer and on payment of such reasonable cost as may be fixed.

Compensation of demarcation to be notified by the survey officer.- (1) When the survey of any highway land or its boundaries which has been notified under Section 45 has been complete in accordance with the orders passed under Section 48, 49 or 50, the Survey Officer shall notify the fact in the official gazette and shall cause further publicity to be given to the notification in the manner prescribed under sub-section (4) of Section 11.

(2) Unless the survey so notified is modified by a degree of a civil court under the provision of Section 52, the record the survey shall be conclusive proof that the boundaries as determined and recorded therein have been correctly determined and recorded therein have been correctly determined and recorded and shall not be questioned in any court of law.

Institution of suit in civil court where any person is aggrieved by determination of boundary.- (1) The highway authority or any other person deeming itself or himself aggrieved by the determination of any boundary under Section 48, 49 or 50 may, subject to the provisions of the parts II and III of the Indian Limitation Act, 1908 institute a suit within year from the date of the notification under sub-section (1) or Section 51, to set aside or modify the said determination, and the survey, shall, if necessary, be altered in accordance with the final decree in the suit, and the alteration, if any, shall be noted in the record.

(2) The plaintiff in such shall join.as parties to it all persons including the highway authority (where such authority is not itself the plaintiff) whom he has reason to believe to be interested in the boundary which is the subject of the suit.

CHAPTER XI

Power to Frame Rules for the Constructions and Maintenance of Highways

Rules.- (1) The State Government may make rules for the regulation of the construction and maintenance of highway and generally for carrying into effect the purposes of Part II to IV of this Act.

(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely :

(a) the preparation of schemes for the development of new or improvement of, or repairs to existing, highway ;

(b) the standard that have to be followed in determining a standard width and building and control lines in respect of various types of highway ;

(c) the prevention of obstruction of view or destruction of attention of persons using such highways and of annoyance, danger or injury to the public;

(d) the prevention of obstruction, encroachment and nuisances on or near, and of damages to such highways ;

(e) the proper maintenance of boundary marks demarcating highway boundaries and building and control lines ;

(f) the prescription of various forms of application required to be made and the forms of notice and bills required to be served on persons, the charges to be made for the supply of copies of plan, etc. and the rent or other charges to be imposed or levied under the provisions of this Act;

(g) the general guidance of the highway authority and the Planning Board in the discharge of their functions under this Act;

(h) the transaction of business by a Planning Board including appointment of a chairman, his power,s his remuneration and travelling allowance, etc. and those of the other officers of the Board and the appointment of Staff for the Board ;

(i) the maintenance of account by a Planning Board and the method of audit of such accounts ; and

(j) any other matter which is to be or may be prescribed.

CHAPTER XII

General and Miscellaneous Provisions

Service of notice., etc.- (1) Every notice or bill issued or prepared under any Section of this at shall be served or presented :

(a) by delivering or tendering it or sending it by post to the person to whom it is addressed, or his agent; or

(b) if such a person or his agent is not found, then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult male member of his family or by causing it to be fixed on some conspicuous part of the building or land, if any, to which it relates.

(2) Where notice under this Act is required to be served upon an "owner" or "occupier" or a building or land, it shall not be necessary to name the owner or occupier, and the service there shall be effected either :

(a) by delivering or tendering the notice or sending it by post to the "owner" or "occupier" of if there be more owners or occupiers than once, to any one of them, or

(b) if no such owner or occupier is found, than by giving or tendering the notice to an adult male member or servant of his family or by causing the notice to be fixed on some conspicuous building or pat of the land to which the same relates ;

(c) whenever the person to whom a notice or a bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor.

54A. Publication and commencement of rules. - (1) Every power to make rules given by this Act is subject to the condition of the rules being made after previous publication.

(2) All rules made under this Act shall be published in the official gazette, and shall, unless some later date is appointed, come into force on the date of such publication.

Delegation of powers by the highway authority.- The highway authority may, after obtaining the approval of the State Government, by notification in the official Gazette, delegate any of its powers duties under Sections 7(3), 7(4)10, 20, 21, 23, 38, 39, 40, 41, 42 or 43 of this Act to any officer or authority subordinate to it subject to such conditions if any, as may be specified in such notification.
Persons deemed to be public servants.- All persons acting by the authority of the State Government or of any highway authority or a Planning Board in the carrying out of any to he provisions of this Act or of any of the rules made under this be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
Protection of person taking action under this Act.- No suit prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under or in pursuance of this Act or any rules made under this Act.
Powers and duties of police in respect of offences and assistance to highway authorities.- Every police officer shall forthwith furnish information to the nearest highway authority, or the nearest officer subordinate of the highway authority, of any offence coming to his knowledge which has been committed against this Act or any rule made under this Act, and shall be bound to assist the highway authority and its officers and servants in the exercise of their lawful authority.
Power of arrest without warrant in case of offices involving encroachment on or damage to highways.- A police officer officer in uniform may arrest without warrant any person who commits in his view on offence punishable under Section 66 or 67.
Duties of village officials to report to highway authority when ever they become aware of damages to highway or to the boundary marks of highways, etc.- Every village headman, village accountant, village watchman or other village official by whatever name called, shall forthwith inform the nearest police station of the nearest highway authority or any officer of the highway authority, whenever he becomes aware that any survey marks showing the building or control lines determined in respect of a highway has been destroyed, damaged, removed, displaced or otherwise tampered with, or that any damage to any damage to any highway or encroachment on any highway land has been made.
Power to utilise highway and for other than road purpose.- The highway authority may utilise temporarily for other than road purposes land forming part of a highway which is not immediately required for the passage of traffic and dispose of the produce of such lands.
Land acquired by direct negotiation to be subsequently acquired under Land Acquisition Act, 1894.- Where is pursuance of Section 7(2), 11(10), 26(1) or 31(1), a highway authority or a Planning Board has acquired any land by direct negotiations with the owner or owners, it shall cause the interests if any, of other person or persons in such land to be acquired under the Land Acquisition Act, 1894, in so far as that Act may be applicable, to ensure perfect title thereto.

62A. Saving as regards land under central Government control. - Nothing in Parts II to IV of this Act shall apply to lands vested in or under the control of Central Government or to any area falling within the limits of a Cantonment Board, Major Port Trust or other local authority, under the administrative control of the Central Government.

CHAPTER XIII

Offences, Penalties and Procedure Applicable To Part II To IV

General provision for punishment of offences under Parts It to IV.- Whoever contravenes any provision of Parts II to IV of this Act or any rule made under this parts shall, if no other penalty is provided for the offence, by punishable for fine which may extend to Rs. 50, or if having been previously convicted of any offence under this Act, he is again convicted of any offence under this Act, with fine which may extend to Rs. 200.
Disobedience of orders, obstruction and refusal of information.- Whoever wilfully disobeys and direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any functions that such person authority is required or empowered under this Act to discharge, or being, required by or under this Act to supply any information which he knows to be false or which he does not believe to be true shall, if no other penalty is provided for the offence be punishable with fine which may extend to Rs. 200.
Penalty for Contravention of restrictions relating to laying of means of access of erecting many buildings etc.- Whoever constructs or lays out any means of access or erects or re-erects any building or structure or does any other work in contravention of Section 13(1), 14(1), 15(3) or 30(1), he shall be punishable.

(a) with fine which may extend to Rs.500, and

(b) with further fine which may extend to Rs.100 for each day after the first, during which the offending means of access or structure or work is not removed, demolished or cleared and the site not restored to its original condition.

Penalty for unauthorised occupation of highway land.- Whoever occupies or makes any encroachment on any highway land in contravention of Section 20(1), or fails to comply with the notice served on him by Section 21(1) for no valid reason, he shall on conviction be liable to pay.

(a) a fine which may extend to Rs. 250 for this first offence, and

(b) with further fine which may extend to a lump penalty of Rs.500 plus a daily levy not exceeding Rs. 50 for each day that the offence is continued in the event of a second conviction in relation to the same encroachment.

Penalty for causing damage to highway.- Whoever in contravention to Section 4(1) wilfully causes or allows any vehicles or animal in his charge to cause any damage to any highway, he shall be punishable with the fine which may extend Rs. 1,000.
Power to compound offences.- The highway authority may, either before after the institution of the proceedings compound and offence against Part II to IV of this Act or any rule framed thereunder.

Part V

Traffic Provisions

CHAPTER XIV

Control of Traffic

Exclusion of motor vehicles from the scope of part V.- In this part of this Act, unless there is anything repugnant in the subject or context the terms "public vehicles" and "vehicle" shall not be construed to include a motor vehicle as defined in the Motor Vehicles Act, 1939.
Power to restrict the use of vehicles.- The State Government or any authority authorised in this behalf by the State Government, if after consulting the highway authority is satisfied that it is necessary in the interest of public safety or convenience, or because of the nature or any road or bridge, may by notification in the official gazette prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of vehicles or animals, either generally in a specified area or on a specified highway or part of highway, and when such prohibition or restriction is impose, shall cause appropriate traffic signs to be placed or erected under Section 71 at suitable places :

Provided that where any prohibition or restriction under this Section is to remain in force only for a period of one month or less, notification thereof in the official gazette shall not be necessary.

Power to erect traffic signs.- (1) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs or be placed or erected in any public place for the purpose of bringing to public notice any prohibitions or restrictions imposed under Section 70, or generally for the purpose of regulating traffic other than motor vehicle traffic.

(2) Traffic signs erected under sub-section (1) for any purpose for which provision is made in the First Schedule shall have the meanings set forth in the First Schedule, but the authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule of transcriptions of the words, letters or figures thereon in the script provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the First Schedule.

(3) Except as provided by sub-section (1) no traffic sign shall, after the commencement of this Act, be placed or erected on or near any highway; but all traffic signs erected prior to the commencement of this act by any authority competent to do so shall for the purpose of this Act be deemed to be traffic signs erected under the provisions of sub-section (1).

(4) Any authority authorised in this behalf by the State Government may, by notification in the official gazette, remove or cause to be removed any sign of advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sing or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading.

(5) No person shall wilfully remove, after deface, or in any way tamper with any traffic sign placed or erected under this section.

(6) If any person accidentally cause such damage to traffic sign as renders it useless for the purpose for which it is placed and erected under this section, he shall report the circumstances of the occurrences to a police office or such authority as may be authorised in this behalf by State Government or at a police station as soon as possible, and in any case within twenty four hours of the occurrence.

Main roads.- The State Government or any authority authorised in this behalf by the State Government may by notification, in the official gazette or by the erection at suitable place of the appropriate traffic sign referred to in Part A of the First Schedule, designate certain road as main road for the purpose of the regulations contained in the Second Schedule.
Duty to obey traffic signs.- (1) Every driver of a vehicle or animal shall drive it in conformity with any indication given by a mandatory traffic sign in conformity with the driving regulations set forth in the Second Schedule and shall comply with all directions given him by any police officer for the time being engaged in the regulation of traffic in any public place.

(2) In this section "mandatory traffic sign" means a traffic sign included in Part A of the First Schedule of any traffic sign of similar form (that is to say consisting of or including a circular disc, displaying a device, word or figure and having a red ground or border) or any prescribed sign painted or marked on the road erected or displayed for the purpose of regulating traffic other than motor vehicle traffic under sub-section (1) of Section 71.

Signals and signaling devices.- The driver of a vehicle shall on the occasion specified in the Third Schedule make the signals specified therein.
Leaving vehicle or animal in dangerous position.- No person in charge of a vehicle or animal shall cause or allow the vehicle or animal to remain at rest on any highway in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or under inconveniences to other users of the highway.
Towing of persons riding cycle.- No driver of a vehicle shall tow a person riding a cycle and no person riding a cycle shall allow himself to be towed by any other vehicle.
Leaving vehicle or animal unattended.- No person in charge of a vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway unless it is under adequate control.
Duty of driver to stop in certain cases.- (1) The Driver of a vehicle or animal shall cause the vehicle or animal as the case maybe to sop and to remain stationary so long as may reasonably be necessary ;

(a) when required to do so by any police officer in uniform or by the authority authorised in this behalf by the State Government, or

(b) when the vehicle or animal is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animal was or was not the cause of the accident or damage, and he shall give his name and address and the name and address of the owner of the vehicle or animal to any person affected by such accident or damage who demands, it provided such person also furnished his name and address.

(2) The driver of a vehicle or animal shall, on demand by a person giving his own name and address and alleging that the driver has committed and offence punishable under Section 86, give his name and address to that person.

Duty of owner vehicle or animal to give information.- The owner of a vehicle or animal the driver of which is accused of any offence under this Act shall on demand by any police officer or other authority authorized in this behalf by the State Government give all information regarding the name and address of the driver which is in his possession or could by reasonable diligence be ascertained by him.
Duty of driver in case of accident and injury to person.- When any person is injured, or damage to property to the amount of twenty-five rupees or more is caused as the result of an accident in which a vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall :

(a) take all reasonable steps to secure medical attention for any person so injured and, if necessary, convey him to the nearest hospital, unless the injured person, or his guardian, in case he is a minor, desire otherwise.

(b) give on demand by a police officer or by any authority authorised in this behalf by the State Government any information required by him or, if no police officer or other authority is present, report the circumstances of occurrence soon as possible, and in any case within twenty four hours of the occurrence at the nearest police station, or if he continues his journey after the accident, at the next police station on or near his route.

Power to make rules for control of traffic.- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provided for-

(a) the removal and the safe custody of the vehicle including their loads which have broken down by which have been left standing or have been abandoned on highway;

(b) the use of weighting devices;

(c) the determination, maintenance and management of parking places for the use of vehicle and animals and the fees, if any, which may be charged for their use ;

(d) prohibiting the use of foot paths or pavements by vehicles or animals;

(e) subject to specified conditions the segregation to any specified part of highway of specified clauses and description of vehicle or animal traffic ;

(f) prohibiting or restricting the use of audible signals at certain times or in certain places;

(g) regulating leading of vehicle and in particular limiting the loads carried in relation to the size and nature of tyres fitted ;

(h) a right of way for ambulances and fire brigade vehicle ;

(i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle ;

(j) the control of animals likely to frighten other animals or pedestrians ;

(k) the control of children on highway;

(l) prohibiting the riding by more than one person at the same time of cycles other than cycles designed for the purpose;

(m) prohibiting the riding of more than two cycle abreast;

(n) limiting the age of drivers of vehicles;

(o) the inspection of loads carried on vehicles and animals;

(p) the uses of nose-ropes for animals ;

(q) regulating the driving of vehicle and animals at night;

(r) regulating the use of highways by pedestrians ;

(s) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic;

(t) any other matter which is to be or may be prescribed.

CHAPTER XV

Construction, Equipment and Maintenance of Vehicles

General provision regarding construction and maintenance.- Every vehicle used on a highway shall be so constructed and maintained as to prevent danger or inconvenience to persons using that vehicle and other road users.
Powers to make rules.- (1) The State Government may make rules regulating the construction, equipment and maintenance of vehicles used on highways.

(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing any of the following matters either generally in respect of vehicle or in respect of vehicles of a particular class or description or in particular circumstances, namely:

(a) the width, height and length of vehicles,

(b) the size, nature and condition of wheel and tyres,

(d) lamps and reflectors,

(e) warning devices,

(f) the inspection of vehicles by prescribed authorities,

(g) regulating the particulars exhibited on vehicles and the manner in which particulars shall be exhibited.

CHAPTER XVI

Control of Public Vehicles

Power to make rules.- The State Government may make rules for the regulation of the use of public vehicles.

(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing any of the following matters either generally or in respect of public vehicle of a particular class or description or in particular circumstances, namely:

(a) the issue, renewal, modification or cancellation of permits and the transfer of permits from one person to another ;

(b) the issue, renewal or cancellation of driving licences;

(d) the preferring of appeals by person aggrieved by the refusal of the authority competent to grant or renew a permit or a driving licence or to transfer a permit or by the cancellation or modification of a permit or the cancellation of a driving licence, an the hearing and conduct of such appeals ;

(e) the documents, plates and marks to be carried by public vehicles, the manner is which they are to be carried and the language in which such documents are to be expressed ;

(f) the badges and uniforms to be worn by drivers ;

(g) the fees to be paid in respect of permit, driving, licences, duplicate copies of permits or driving licences, plats, badges, and appeals preferred under this Chapter;

(h) the production of permits and driving licences before specified officers for purposes of inspection ;

(i) the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles ;

(j) the limiting of the number of public vehicles or public vehicles of any specified class or description for which permits may be granted in any specified area, or on any specified route or routes ;

(k) the fixing of maximum or minimum fares or freights ;

(l) the minimum number of passengers or the maximum quantity of goods that may be carried in a public vehicle ;

(m) the conditions subject to which passenger's luggage or goods may be carried on public vehicle ;

(n) the construction and fittings, of, and the equipment to be carried by, public vehicle, whether generally or in specified areas or on specified routes;

(o) the safe custody and disposal of property left in public vehicle ;

(p) the conveyance in public vehicles of corpses or persons suffering from infections or contagious diseases or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such vehicles, if used for such purposes ;

(q) the requirements which shall be complied with in the construction or use of any stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the record which shall be maintained at such stands or places, the staff to be employed thereat and the duties and conduct of such staff, and generally for maintaining such stands and place in a serviceable and clean conditions ;

(r) requiring the person in charge of a public vehicle to carry any person tendering the legal or customary fare ;

(s) the inspection of public vehicle including animals used to drive them;

(t) the records to be maintained and the returns to be furnished by the owners of public vehicles ;

(u) the appointment, terms of appointment, jurisdiction, control and functions of authorities for the purpose of administering the provision of this chapter ;

(v) any other matter which is to be or may be prescribed.

CHAPTER XVII

Offences, Penalties and Procedure Applicable To Part V

General provision for punishment of offence under Part V.- Whoever contravenes and provision of Part V of this act or of any rule made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which may extend to ten rupees, or if having been previously convicted of any offence under this Act he is again convicted of an offence under this part of the Act, with fine which may extend to fifty rupees.
Driving reckiessly or dangerously.- Whoever drives a vehicle or animal on a highway at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the highway where the vehicle or animal is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the highway, shall be punishable on a first conviction for the offence with fine which may extend to one hundred rupees and for a subsequent offence with fine which may extend to two hundred rupees.
Power of arrest without warrant.- (1) A police officer in uniform or other authority authority raised in this behalf by the State Government may arrest without warrant-

(a) any person who being required under the provisions of Part V of this Act to give his name and address refuses to do so, or gives a name or address which the police officer or other authority has reason to believe to be falseness, or

(b) any person concerned in an offence under Part V of this Act or reasonably suspected to have been so concerned, if the police officer or other authority has reason to believe that he will abscond or otherwise avoid the service of summons.

(2) A police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle or animal.

Summary disposal cases.- A court taking cognizance of an offence under this Act may state upon the summons to be served on the accused person that he-

(a) may appear by pleader and not in person, Or

(b) may be a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum as the court may specify.

(2) Where an accused person pleads guilty and remit the sum specified no further proceedings in respect of the offence shall be taken against him.

(1) The Manipur Highways Ordinance 1970 shall stand repeated on the day this Act comes into force.

(2) Anything done and any step taken (including order, scheme, rule, form or notice) and any action taken under the repeated Act shall in so far it is no inconsistent with the provisions of this Act be treated as to have been done and acted under the the provisions of this Act and shall continue to be in force until superseded.

The First Schedule

(See Section 71, 72 & 73)

Traffic Signs

This will be reproduction of the Ninth Schedule to the Motor Vehicle Act, 1939 except as follows :

Part A-Mandatory sign.

Sign No. 1-"Speed limit" and

Sign No. 7-"use of sound signals prohibited" to be deleted.

Sign No.2-"weight" limit" for the definitions plate marking 'axles over tone" signs indicating particular classes of traffic to be substituted.

Part C-Informatory signs.

No. 3.-"ends of speed limit" to be deleted.

To No.4-"parking sign", signs indicating particular classes of traffic to be added.

The Second Schedule

(See Sections 72 & 73)

Driving Regulations

The driver of a vehicle or animal shall drive the vehicle or animal as the case may be, as close to the left hand side of the road as may be expedient and shall allow all traffic which is proceeding in the opposite direction to pass him on his right hand side.
Except as provided in regulation 3, the driver of a vehicle or animal when passing shall drive to the right of all traffic proceeding in the same direction as himself.
the driver of a vehicle or animal when passing may drive to the left of a motor vehicle or a vehicle or an animal the driver of which having indicated an intention or to turn to the right has drawn to the centre of the road ;

Provided that in no case shall be pass a tram-cart at a time or in a manner likely to cause danger or inconvenience to other users of the road.

The driver of a vehicle or animal shall not pass a vehicle travelling in the same direction as himself:

(a) if his passing is likely to cause inconvenience or danger to other traffic proceeding in any direction, or

(b) where a point or comer or a hill or an obstruction of any kind renders the road ahead not clearly visible.

The driver of a vehicle or animal shall not, when being overtaken or being passed by any class of traffic, do anything in any way to prevent the other traffic from passing him.
The driver of vehicle or animal shall drive slowly when approaching a road intersection, Road Junction or a road comer and shall not drive into or cross any such intersection or junction until he has become aware that he may do so without endangering the safety of persons thereon.
The driver of a vehicle or animal shall on entering a road intersection, if the road entering is a main road designated as such, give way to traffic proceeding along that road and in any other case give way to all traffic approaching the intersection on his right hand.
The driver of a vehicle or animal shall ;

(a) when turning to the left, drive as close as may be to the left hand side of the road from which he is making the turn and of the road which he is entering.

(b) when turning to the right, draw as near as may be to the centre of the road along which he is travelling and cause the vehicle or animal to move in such a manner that:

(i) so far as may be practicable it passes beyond, and so as to leave on the driver's right hand a point formed by the intersection of the Centre lines of the intersecting roads ; and

(ii) it arrives as near as may be at the left hand side of the road which the driver is entering.

The Third Schedule

(See Section 74)

Signals

When about to turn to the right or to drive to the right hand side of road in order to pass another vehicle or for any other purpose, the driver of a vehicle shall extend his right arm,or a whip it carried, in a horizontal position to his right outside the vehicle or otherwise so as to be visible from behind.
When the driver of a vehicle wishes to indicate to the driver of a motor vehicle or a vehicle behind him that he desired that driver to overtake him, he shall extend his right, arm, or a whip if carried, horizontally to his right outside the vehicle or otherwise so as to be visible from behind and shall swing the arm or the whip as the case may be backwards and forwards in a semi-circular motion.

Manipur Highways Act, 1979