The Manipur Highways Act, 1979

EXTRAORDENARYm PUBLISHED BY AETHGRET? . No. 27503 AImEaEITWQdQeéHaTSJc—nfiye—F;3Ei§7£§§1237551271561—) " GOVERNMENT, OF MANIPUR SECRETARIAT: {AW DEPARTMENT Imphai, 1h: 51h December, 1979 . NO. 2/22/78-Leg/L—The following Act of {he Legs!' received ature, Manipur whichassent of the President on 15-11-79 is hereby published in the Manip‘uh ‘ Gazette. . ,_ . CH. NIMALSINGH, . __,Un‘de‘r Secretary (Law) tothe Gth. of_ - ‘ »M'aujpur. ~ ’ ‘l'HEf MANIPUR' HIGHWAYS _AC_T,_ 1979,; g (Manipquct 15 9:“ i979.) H 1 .. ‘ ‘ ‘3 Air" 3; 3% ' ACT'r __ 7 _ ,. to provide fof the régulation 0f roqdideVelqpment and fééd transport. ‘ ' L ’ PREAMBLE. V f:Whéreas it is expedient to pfovide 1’greneralvly- for the regulation of road"'devélopment and road tranSport so as‘lffgrkgecure far the public such conditions' .388 will. ensuregthe maximum etfipiency drfihlla-Iumeéélffi’éf road ryansport, ,a-nd, V'iin;payticulat,;“gfor,'the' prgven‘tibn of ribbon_ d’eveldpmépfg 31M "'- d: , BiEj‘ivié'enacted by the icgi‘siéffmé‘pfi V A " ' 7 I Ipupli'c" 9f" India" as‘ £91191”??? :"—, .4 Short title, extent and commence- ment. Definitions. (2) ”betterment When applied to land” (3) “betterment tax” PART—I CHAPTER~I PRELIMINARY (1) This Act may be called the Manipur Highways Act, (2) It shall extend to the whole of the State of Manipur. (3) It shall come into force on such date as the State Govern—ment may, by notification in the official Gazette, appoint. In this Ordinance, unless therthe subject or context: e is anything repugnant in !‘animal” means any elephant, camel, horse, ass, mule,cattle, sheeps or goat. means the increase .in the value of any land arising from the execution inits vicinity of a highway development scheme atpublic expense. means a tax levied on owners ofland on the basis of a percentage of the bettermentvalue of the land. (4) “building line” means a line on either side of any ‘highway or part of a highway as determined by thehighway authority under Section 12 of this Act. (5) "eempetent authority” means the State Governmentor 5:. 138a} authority or any oflicer of the StateGovernment or local authority, competent to sanctionthe construction of, or repair to, a highway. (6) “mntrol line” means a line on either side of a high-way or part of a highway beyond the building line,as determined by the highway authority underSection 12 of this Act. (’7) “driver” means, in the case of a vehicle, the personin 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 controllingthe animal and the words drive, driving, shall beconstrued accordingly. » (8) ”encroachment” means occupation of any highway orpart thereof, and includes ; (a) the erection of a building or any other strafing, 'balconies, porches, chajjas or projection, on, Waror overhanging the highway land. ' (9) (10) (11) (12) 3 (b) occupation of highway land beyond the prescri— bed period, if any, for stacking building materials or goods of any other description, 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 (c) excavations or embankments of any sort made or extended on any highway land. “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, pave— ments and 'side drains of any such thoroughfare, (b) all bridges, culverts, causeways, carfiageways or other road structures, built on or across such thoroughfares, an (e) the trees, fences posts, and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare. “highway authority” means: (a) for highways maintained by the State Govern- ment, the Degartment 01" the Government responsible for their maintenance, or any other authority sgeeially appointed by the State Government in this behalf, , . ~ . other authority as may be appointer ‘J-y the St overnment in this behalf, and (c) for high trays not included in clauses (a) & (b), the aut' " ’ apnolnted as the highway authority under Se ten 3 or, it no such appointment has been made, the State Government itself. “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. “limited access highway” means a highway; access. to?» which is permitted only at points spec1fica11y prov1eled; or agreed to for the purpose by the highway authority: (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) 4 "middle of a highway” means in relation to any'highway for the improvement of which plans havebeen prepared by the highway authority, the middleof the highway as proposed to be improved in accor--dance with the plans, and where no such plans havebeen prepared, the point halfway between theboundaries of the highway. ”motor vehicle” means a motor vehicle as defined inthe Motor Vehicles Act, 1939. “permit” means the document issued by an authoritycompetent to issue it authorising the use of a vehicleas a public vehicle. ”prescribed” means prescribed in this Act or underrules made under this Act. “public place” meansaroad, 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 downby a public vehicle. ”public vehicle” means any vehicle used or cons—tructed or adapted to be used for the carriage ofpassengers or goods for hire or reward. ”standard width of highway” means the Width ofa highway between its boundaries as prescribed bythe highway authority under Section 11. survey includes” all operations incidental to thedetermination, measurement and record ofaboundaryor boundaries or any part of a boundary and includes.a resurvey. "survey mark” means any mark or object errected,made, employed or specified by a survey officer toindicate or determine or assist in determing the"position or level of any point or points. ”survey officer” means any person appointed to be asurvey officer under this Act. human, animals, motor steam or electric power, andincludes any barrow, sledge, plough, drag or like.vehicle. . _ , ,sfi PART II HIGHWAY AUTHORITIES, THEIR POWERS & FUNCTIONS CHAPTER—Il HIGHWAY AUTHORITIES 3. (l) The State Government may, by notification in the oflicialgazette, appoint any person, either by name or by‘virtue of hisoffice. to be the highway authority for all highways in the State orfor :1” the highways in such part of the State or for such particularhighway or highways in the State and subject to such conditionsand limitations as may be specified in the notification. (2) A highway authority so appointed shall exercise and dischargethroughout its jurisdiction powers and functions Specified in the suc-ceeding chapters subject only to such limitations as may have beenimposed by the notification issued under Sub-secticn (1). 4. (l) The State Government may at any time by notificationin the ollicial gazette transfer control of any highway from itselfor any of its departments functioning as the highway authority toanother highway authority, or from one highway authority to another,in regard in such mattrers dealt with by this Act and on such conditionsas may be specified in the notification. (2) When ahighway authority has been changed in the mannerpmscrihcd under Sub-seclion (l), the new highway authority shall,us from the date of the notification issued under that sub-seCtion,exercise in respect of the highway or highways of which controlhas been transferred, all the powers and functions of the previoushighway authority subject to the conditions if any, Specified in thatnotification. CHAPTER—III DEVELOPMENT AND MAINTENANCE OF HIGHWAYS _<‘r any officer not bve7ow the Supervisor authorised by the undertake a reconnaissance ofa highway scheme and may 5. (l) The highway authority, .rzmk of a ?.Wng‘Wy' local Board highway a‘uth‘oiity' inh“”fhis behalf, may survey in connection with the preparation for this purpose ; M (3.) enter upon any land along with his workmen and surveyand take measurements and levels on it, mark snehlevels, dig or bore into the sub-soil and do allother acts necessary to ascertain whether the land issuitable, (b) Appointmen t of Highway Authority. Transfer of control from one Highway Authority to another. Power to enter lands for reconnais— sauce and preliminary survey in connection with highway scheme. Preparation of schemes for highway develo'p- " ment. ‘ 6 (c) set out the boundaries of the pronosed highway by placing marks and cutting trenches, and , (n) where otherwise survey can not be congpleted and, the leggytaken and the bOund’aries marked, cut down and -clear any part of a standing crop, fence or jungle: Provided that no person shall enter into any building or anyenclosed court or garden attached to a dwelling house (unless withthe Consent of the occu occupier at least 48 hou (2) The hi the time of su pier thereof) without previously giving such rs’ notice in writing ol’his intentiorrto 'do so. ghway authority or the authorised official shalt a_t ch entry, pay or tender payment for all" necessarydamage to be done as aforesaid, and in case of dispute as 'tth-tie sufficiency of the amount so paid or tendered, shall at'once referthe dispute to the decision of the collector or other Chief RevenueOfficer of the district, and such decision shall be final.’ 6. (1) The highway authority may, of its own accord, or ifexpressly requested by the competent authority Shall, subject to the other provisions of this Act and subject to such rulesasmay be framed by the State Government for this purpose, prepare and- Submit to the competent authority for sanction, a detailed scheme for the consa truction of a new hi existing one. ghway or the improvement of on repairsto an (2.) Such a when“: may previde for = (a) the acquisition of any land which in the opinion of the, highway authority is considered neceSSaty for its executtq-n, (b) the laying out orrelaying out of- all or any of the lgngs (C) (d) (e) (0 so acquired. The diversion or closure of any existing highway or a section of such highway, , the construction or reconstruction of the roadway inclptiing its widening; levelling, surfacing, bridging, eewexing.,dratn1ng, water supply and street lighting arrangements and planting of road side trees,‘ the laying of foot-paths, cycle tracks and special unfit: lanes for any kind or class, 05 vehicles, the designing and siting of parking bays and petrol filling and eetwee station, the location of advertisement posts and bill boqtés, and the layout of access roads at suitable distances conneeting the highway or the properties. proposed highway with the edioining 7 ‘ ‘7. When the competent authority has sanctioned the highwayscheme prepared in pursuance of Section 6 and provided the necessaryfinances for Its execution, the highway authority shall'proceed to ‘carf'yout the work and may, for this purpose :— (1) enter into and perform all such contracts on behalf of the competent authority as may be consider'etf necessary, " (2) make arrangements for the acquisition of the lands required underthe scheme by outright gift or purchase by agreement with the owner or owners, or, failing such' agreement, by resort to the procedure set out in the Land Acquisition Act, 1894, (3) turn, divertor'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 ofvehicles using any highway or portion thereof by means of barrier, diversion roads or other means. 9. (1) Ahighway authority shall maintain authoritative plans for the highways 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 or tampered with. ' - " (3) The highway authority shall have all such authoritativeplans’ prepared after having a survey made of the highway lands and “their boundaries in the manner prescribed in ChapterX and’in accordance with the record of that survey as notified under section 51 and modified, as may be under section 52. 9. (l) The highway authority shall have the boundaries of? the highways in its charge dem.1rcated‘ with reference to the authoritative. plans maintained by it, by planting 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 shows 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 ll, the distance between the highway bdu-ndaries so demarcated shall correspond to that Width. Powe; ‘58 d? 7cert~ 17$: for, éxwtm“?t X”ffifgfiwfio 4 V, 1 sehemeb‘. * Maintenam.i ofhigh'w‘ay PINS? " ‘Demarcation , of road boundaries. Annual check of road boun- duties. Standard widths of highways. IO. (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 locati 011 of unauthorised encroachments, if any. (2) When the highway authority is satisfied that an unauthorised encroachment has been made 011 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 ll. (1) the highway authority may, with the previousapproval of the State Government, prescribe a standard width for any highway in its charge. (2) The standard width may be d1fl‘erent 1n different portions of the same highway according to local needs. (3) When ahighway authority proposes to prescribe astandard width in respect at any highway or aportion thereof, it shall notify the proposai in the oflicial gazette and invite objections, it‘ any, to be submitted to it within sixty daysof the date of publication of the notification. (4) The notification shall also be published in at least two new5papers, 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 submisson to the State Gnvernment. (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’3 orders sanctioning the proposal with or without modification has been is5ued the highway authority shall cause further publicity to be given to the standard width, as finally approved, in the same manner as prescribed in sub~section (4), and the rec0rds so published shall thereupon be conclusive proof that the standard width so determined and recorded therein has been correctly determined and recorded. 9 (8) 1n de’ermining 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, likefy to use the highway. (9) The standard width so determined may at any time be altered but the procedure for such alteration shall bethe same as prescribed for the determination of the original standard width. (10) The highway authority shall, as early as eeonomicaliy practicable after the prescription of the standard width, acquire either by direct negotiatton or, failing such negctiaticn. by compulsory acquisition underthe Land Acquisition Act, 1894, all iand lying within the standard width not already form1ng part of the highway land. 12. (1) The highway authority may,with the previousapproval of the State GOVernment, determine abuilding line and aeontiol line in respect of any highway or part of ahighway in its charge along one or both sides of the highway. (2) The distance between the middle of a highway and the building line or that betw<en the building line and the control line, which shall be fixed with due regard to the requirements of safety and convenience i'or traffic and of publichealth welfare, may vary in different portions of the highway according to local conditions. (3) When ahighway ax'thority rroposes to determine abuilding and a control line in reSpect e1 ahighway, the same procedure shall as far as applicable 1e foiIOWed 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 demaicated on the ground by distinctive stones or other suitable marks which may be painted with ditTerent colours and serially numbered. 13. (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 orlay out any means of access 10 or from ahtghway, ' (b) to erect or re-erect any building or materially alter the outside appearance of any existing building. ' (c) to make any excavation, or _ ' (d) to"construct, form or lay out any works, uponlandlying’ rnearergto the middle of ahighway than a distance equal) toyonejhalfof its; standard widthprescribed under section , 1121,3011upoz'tiandgjlyihg‘in between the boundary ‘of a- high:13.171133311531141 the buiiding ’iiae. determined,in_zt’espect, ofvtirer Prescript ion: of building, ' and control lines. ' Restriction of building etc.in the are between the highway and: the building line. Restriction on building etc, between the building and the con- trol lines. 10 highway under section 12. Provided, however, these restrictions shall not apply to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line, pipe, duct or other 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 awall) or any part thereof ~lie within the area between the building line and the middle of ahighway, the highway authority may, whenever such building or part has been either entirely or in greater part taken down or burnt down 01' has fallen down, by notice require such building or part when rebuilt to be set back to the building line. 14. (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 iand lying in between the building and cantrol 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 to which the application relates, and together with such fees as may be prescribed. (3) On receipt of such applicuion, 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 require- ments 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 on 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 therefore 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 c-onsideged by the highway authority as if it were‘ made for the first time." 11 (7) If at the expiratien of a period of three months after an ~application has under- Sub—section (I) or Sub-section (6) been made to the highway autharity, no order in writing has been p'aSSed 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 cmstruction, 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 by it under this section and the register shall be available for inSpection free of charge by a" persons 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 within thirty days from the date of such order prefer an appeal to She State Government whose order in the matter shall be final. 15. (l) The highway authority may with, the written approval 0f the State Government, deciare a highway or any portion ofit to be a limited access highway. (2) When a highway authority prOposes to make any such de- claration, 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 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 3;.- 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 yvith 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. ' 16. (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 a highWay across land lying'between the control line and the highway boundary. . . . Declaration of limited awess highs WW. Regulation. ’ ’ or diVisibn , of existing rights ‘ off _ ,t ‘ accesg., 4 ' Compen- :anon. 12 (2) Where an existing right of access is diverted, the point 3:! which alternative access is given to the 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 shalt as far as possible have a diagonal approach to the:1 highway. 17. (1) Notwithstanding anything contained in any law farther time being in force, no person shall be entitled to claim any compen— sation for any injury, damage or loss caused or alleged to have hem: caused as aresult of : (a) the restrictions imposed against the erection or re-erectiou; of a building or the making or extending of any excavation or the laying out of any means of access on or across latd lying in between the control line and the middleof a highway under Sub—section (l) 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 landslying within the control fine, and the highway boundary, and (c) the refusal of permission to the laying out of new means of access to alimited access highway under sub-section» (3) of Section 15. Provided that compensation shalt be payable by the highway— authority: ’ (i) where in compliance with the notice s’e‘r’ved by the; highway authority under snb-section (2) of Section 13; a buildmg or part thereof has been set back to the building line of any highway, and (ii) where permission to erect or re-erect abuilding in the area lying in between the controlline and building line of ahighway has been finally refused under: Section 14. (2) Whete compensation is payable under the proviso to subs! section (I), the claimant nay, wnhm three months of the date of notice issued by the highway authority under Sub-section (2) of Section 13 or within three months ofthe date of final refusal of permission“ under Section 14, as the case may be, make to the State Governmen hiS' claim for compensation. r 1(3) On receipt of the claim under Sub-section (2), the State" Government Shall transfer it for disposal to an oflicer exercising the]; powers of aCoJlector’ under the Land Acquisition Act,'1894. ' ’ (4) Nethingw in this .8501??? shall be deened to preetuglethg: scttlement of a claim by mutualgag'reem‘ent. ' 13 18. (1) When a claim is" transferred for disposal under sub-section3 of section 17 to an officer exercising the pOWers of aCollectorunder the land Acquisition Act, 1894, such oflicer shall make anaward determining the amount of compensation payable to theclaimant. . (2) The amount of compensation awarded under sub—section (1)shall in no case exceed the difierenCe between the market value ofthe land when permission is refused and the market value whichit would have had if permission had been granted. (3) No compensation shall be awarded under sub-section (1); (i) unless the claimant satisfies the officer making the awardthat of proposals for the development of the land, Whichat the date of application under sub-section (2) of section14 Were immediately practicable, or would have beenpracticable on that date if this Act had not been passed,were prevented or injuriously afi‘ected by the restrictionsimposed under this Act and that there was demand for such development, or (ii) if and in so far as the land is subject so substantiallysimilar restrictions in force under some other enactmentwhich were so in force at the date when the restrictionwere 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 respectof the land to the claimant or to any predecessor in interest. of the claimant. (4) The provisions of Part III, IV, V and VII of the Land“Acquisition Act, 1894 shall, so far as may be apply to an awardmade under sub-section (1) as though it were an award made underfin; Act. Amount of compensa- tion how determinede Highway Iands to be deemed government property. Prevention of unatho- rised occupa— tion of highway land. CHAPTER—V PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND REMOVAL OF ENCROACHMENTS 19. A11 lands vest in the be deemed to be Government property. 20. (1) land without obtainin g the authority or any oflicer behalf. (2) The highway due regard (i) to place a movable encroachme of any building owned b forming part of a highwa State Government shall, for the No person shall occupy or encroach on a previous permission in writing of authorised by the highway over-hanging the highway. (ii) ‘to put up a temporar similar erections ora t highway, or (iii) to deposit or cause to be goods for sale 0 (iv) repairs or improv Frovided that no such to make a temporary excavation, for earrying out ement t0 adjoming buitdmgs. permission shall be deemed to be valid y which do and not already purpose of this‘ Chapter. ny highway the highway authority in this authority or the authOrised oflficer may, withto the safety and convenience of tralficsuch conditions as may be imposed and such rules as m by the State Government, and charges as may be prescribed u subject to ay be prescribed on payment of such rent or other nder such rules, permit any person ' at on any highway in front y him or maize a movabie structure y awning or tent, panda! or other emporary stall or scaffolding On any deposited building materials, r other artifies on any highway, or any beyond a period of one year unless expressly renewed by the highwayauthority or the authorised officer. » (3) The permission so granted shall clear] which the person is authorised to occupy purposes for which occupation 1S authorised and the exact portionof the highway by a plan or shall so by any sketch of that portion of highway official and the highway y specify the date upto; land, they permitted to be occupied, and shall also be accompanied the highway, if necessary. (4) The person in whose favour such a produce the permit for inspection whenever called upon to do shall at the end of the period permission has been given prescribed in the permit release the land occupied by him afterresorting it (5) The highway authority 01' shallmaintain a complete record of shall also cause a check- of the period up to whi to the same state as before that the land has actually been vaCated. occupation by him. theofficer issuing the permission all such permissions issued, and up to be made in every case at the expirationch occupation has been authorised to ensure 15 21. (1) When, as 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 oflicer authorised in this behalf shall serve anotice 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 which 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 encorachment 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-cornpliance, 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 high- way 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 atemporarv nature and can easily be removed but is not Such as can be described as petty or trival 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 responsibie 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 traflic 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 authori ed official may, in addition to prosecution of the person under sub-section (3), either— , (i) have such protective Work as may be feaSible atarea— sonable cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of tbe police,'if necessary. - Removal of encroach- ments. ME N! !! lnjunctionen the highway authority to desist from removal of enchtoach- meat. Recovery of cost ofmo- val of enchoaeh- meats. 16 (7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prescriptiVe 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, afresh notice for its removal shall be served on him by the highway authority or the oflicer 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 asecond 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. 22. (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 aprescriptive 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 injuction on the highway authority to desist from taking further action in the matter till the suit has been diSposed of. (2) When such an injuction 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. 23. (l) Whenever ahighway authority or the oflicer 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 expenditureinvolved, together with 15 per cent for overhead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) Abil], representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised ofi‘icer referred to on the person responsible for the encroachment or his representative with adircction to pay up the total amount within aspecified date to the authority mentioned in the bill. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised oflicer to the eflect 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 aresult of the remqval 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 the specified date, the mate- rials may/ be auctioned and after deducting the amount of the bill“ from the procceeds, the balance if any, shall be made over to him. V M — w m . 17 (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 recoveied as arrear of land revenue. CHAPTER—VI IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS 24. (1) The State Government may, whenever it deemsittd be necessary in the public interest, by notification in the official gazette direct ahighway authority to take over for road construction and/or maintenance any land constituting avillage 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 giyen pioper 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 issuedun-fler section (1), as are not already. deemed to be crown property, shall te so deemed fOr purposes cf Chapter V, and the provision of that chapter shall apply fully to such lands. 25. (1) Where there is any obligation by law or by custom or otherwise, on any landlord or proprietary body to maintainia 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 anotice 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. V (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 satisfacmry explanation for non-com- pliance, the highway authority may move the State Government to transfer central of the road or track to it or to any other highway authority und er sub-section (1) of Section 24. (3) The State Government, while directingthe transfer of control of such Village road or track to any highway authority, may determine whether any, and if so What, portion of the cost of repair Which the highway authority may incur shallberecevered fronithe landlord or the proprietor in discharge of his obligation to maintain the road or track. State Govt. to direct highway authority to take over viilage tracks for develop- ment and maintenance. Highway“ ' authority to require the proprietor ’ of village road land to repair the road properly" where he is under obliga- tion to do so, flighway authority to acquire :eversionary right of proprietors in village road land. Appointment of Planning Boards for control of development in areas adjoining highways. Constitution of the Plan— ' hing Board and transac- tion of busi- ness by it. 18 26. (1) Where the controt of avillage road or track has been taken over by a highway authority as aresult ot a notification issued undet sub-section (1) 0t Section 24 and the ownership of the land constltuting 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 the Land Acquisition Act, 1894, the reversionaty rlghts, if any, of the tandlord 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 ADJACENI TO HIGHWAYS AND LEVY OF BETTERMENT TAX CHAPTER—VII CONTROL OF ROADSIDE LANDS 27. {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 Trusts or like Bodies not being District Boards: Provided that the State Government may, if it considers asingte Board to be inadequate for handling 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) ABoard, so appointed, shall be a body corporate and have 2 perpetual succession and a common seal and shall sue and be sued by its , own name. 28. or non-official,not being less from time to tlme determine (1) A Board shall consist of such number of members, official than three, as the State Government may by notification in the official gazette: 19 t2) One of the members of the Board shall be aHighway Engineer, 3. 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 aiso provide for the appointment of a chairman tom among the technical members of the Board, the payment of remuneration and travelling allowance to him and to the other members, and the appointment of stafi‘ for the Board. (5) If any member of a Board owns, or has any interest in, ‘iand 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. (1) Whenever a highway authority has reason to believe that an area adjacent to a highway outside the territorial limit ofa Municipality, City Corporation 01' 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 it'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, orthe appropriate Board it‘ 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 ahighway authority, or at its own instance, or at the instance of any class of public, and after making such enquiries as may be deemed necessary, the State Govern~ ment 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 law under which such body functions within its own limits «of jurisdictiofi. 29. (1) The Board shall, as soon as possible after it 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. - Specification of areas where con- trol is to be exercised over develop— ment. Survey and demarcation of the area and the pre- paration of a layout plan for its deve— lopment. 20 3 Within a year of the date of the notification issued undex sub-section (2) or such longer period as may be specially permittefii by the State Government in this behalf, the Board shall preparea‘ layout plan of the area showing the sites of proposed roads, parks, playfields, residential localities, industrial areas, access lanes to the adjacent highway, etc. (4 The access points to the adjacent highway and the genera}? layout plan shall be fixed in consultation with the highway authority" concerned. 5) The layout plan so prepared shall be deposited by the Boarci with the Principal Revenue Officer of the district in which such area. is located and also in its own ofiiCe and in the office of the high-r way authority concerned, and the plan so deposited shall be available: for inspection by the public free of charge at all teaSOnable times, (6) Copies of the plan shall be made available to any interestea member of the public on application to the Board and on payment of such reasonable cost as may be fixed by the Board. Regulation 30. (1 It shall be unlawful aftera notification has been iswefi‘ “i dive“? by the Board under sub-section (2) of Section 29, to construct or $22“ 111 the re-COnsttuct any building in the area so notified, or to layout any ' means ot‘ 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 atea shall apply to the Board for permission in such form and with such details and 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,_wi th _or without such reason- able conditions as may be specified in the order. if the propo- sal of the applicant is not inconsistent with the layout of the area planned 01: contemplated, and is otherwise unobjection- able, or (b) refuse the permission. (4 If at the expiration of 3 months from the date of appli— cation no order in writing has been passed by the Board_,_pernnss mn shall be deemed to have been given without the imposnion of any conditions: automatic grant of permission shali Provided, honever, no such out of any means be presumed if the application is for the laying of access towards the adjacent highway. {5 1n the event of refusal of pexmissicn, the Board shalt communicate to the applicantt‘ne defeets or the objectionable featutes. of the proposal responsible for its rejection. R y 21 (6) The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such appli- cation shall be disposed of by the Board under sub-section (3) as if it vxere a flesh 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 pian, a fresh application shall be made to the Board as if the modified plan constituteda 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 pexson 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, the order of the Board, prefer an appeal to the Slate Goyemment whose order in the matter shall be final. . (9) If anypersen constructs or re-constnicts any structure or lays out any means of access without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantialdeviation from the approved plan, the Board may, without prejudiceto 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 Foard shall be ‘the sole judge of What cenétitutes substantial deviation from the approved plan for purposes of sub- section (9); 31.. (1) Where after the issue of a notification under sub-section (2) L of Section 29 it appears to the Board that ,the planned development of: the notified area can be secured only byacquiring land in that grea, [it may, with the prior consent of the State Government, acquire the entire area or Such part of it 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. f ‘ ,~ -'7 (2) Such area as may be acquired under sub-secti'orijl) $11131] he properlyyla’id out by the Board, the necessary improvemehtiefi‘eeted and sites assigned sold or leased to the public for a §peeifi'ed‘pe'rifiod net eXceeding 99 years, for construction accOrding t6 a‘pp‘toved p’léfis. Planning Board to acquire land for planned development, where neces- sary. Planning Board to decide on levy of better- ment tax with the consent of State Government who shall determine the rate of levy. Computation of betterment value. CHAPTER—VIII LEVY OF BETTERMENT TAX 32. (1) Where a Board is of the opinion that the value of land in any area in its charge is likely to increase as aresnlt 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 abetterment 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 decided to levy abetterment 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 ll. (4) The notification shall specify :— (a) the exact area in which the betterment tax is to belevied, (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 better- ment tax shall be lev1ed, 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 advanced 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 to have been completed, and shall also cause further publicity to such notification in the manner prescribed under sub-section (4) of Section 11. 33. (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 shalt 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 by the owner betWeen the two dates. 23 (2) For land which on the date notified under sub—section (5)] of Section 32 has neither been built upon nor in reSpect of which permission to build has been accmded 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 the estimated value of improvement,if any, carried out by the owner between the two latter dates. 34. (l) The Board shall, at any time after a month of the publi- cation of the notification under sub-section (5) of Section 32 assess the amount of betterment tax payable by every individual owner of land, and shall serve anotice on him in writing in the prescribed manner, specifying the amount of the tax payable by him, the detaits of calculation, the instalments if any in which payment may be made, the dateor 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 of bettermenttax 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 objections 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 the objector. 1" r (3) After an opportunity has been given 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 orderissued 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. 35. (l) The person liable to pay a betterment tax may, it has option, instead of making either a lump-sum payment or payment by inStalments where allowed by the Board, execute an agreement with the Board or any other authority specially authorised by the State Government in this behaif, to leave the said liability outstanding as a charge on his interestin the land subject to the pavement in perpe- tuity 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 01‘ such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1). 36. Arrears of betterment tax shall be realised in the manner provided for the recovery of arrears of land revenue. Asmsment of Better- ment tax. Betterment” tax may at option of the owner of land be made a charge on his‘interest in the land. Arrears of betterment tax to be recovered as arrears, of land revenue; Appropria- tion of the proceeds of betterment tax. Prevention of cover structure of view or distraction of attention ofpersons using any highway. 24 5' 37' The proceeds of the betterment tax, levied in any area, shall after deductlon of the assessment and coltection charges, be made "over by the Board to the ProvincialGovernment may direct. PART IV MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS CHAPTER—IX SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAY 38. (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 at any bend or corner of the highway, it may serveta 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 nndér sub-section (1), objects to comply with any requitement of such notice, he may, within 14 days of its receipt send to the highway authority his objectiOn in writing stating 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 Ofiicer of the district, whose decision in the matter shall be final. ‘ (5) If any person falls to comply with the. notice served on him finder sub-section (1) as amended or confirmed as the case may be under snb—section (3) or (4), the highway authority may take action to alter or remove the object causing obstruction or distraction at View at its (own: expense, and such expenditure together 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. 25 39. (1) If at any time it appearsto ahighway authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehiCuIaT or pedestrain trafiic 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 traflic or to any class of traffic, or regulate the number and speed of vehicles using the highway. 40. Where the highway authority is satisfied that the surface of any highway, 'or a portion thereof. or any bridge; culvert or cause- way built on or across any highway, is not designed to carry Vehicles of which the laden weight exceeds acertain limit it may subject to such rules as may be prescribed in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway. 41. (1) Where in pursuance of clauses (3) and (4) of Section7 or in exercise of the poners under Section 39 or 40, the highway authority desires temporarily to close any highway or part of it to traflic or to restrict or regulate traflic 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 arequest has been received from ahighway authority, the authority empowered under Part V to control traflic shall take all necessary measures to enforce the said restrictions in accordance with the provisions of that ‘part. 42. (1) Where, in pursuance of clause (3) of Section7 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 ofiicial 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 be in existance,and shall also invite objections, if any, to the proposal to be submittedwithin such time as may be specified. (3) The highway authority shat} finalise its proposal to ciose down any highway or part of it after considering the objections, if any, received within the specified time, and shall submit the finalproposal to the State Government for approval together With suchobjections as may have been received against the proposal. (4) The State Government may either approved the preposal, With or without modifications, or reject it. (5) When the State Government has apprOVed the proposal, itshall' publish its orders in the official gazette. _ (6) When the orders of the State Government have appeared in the oflicial gazette, the highway), authority» shall arrange for further. publicity tobe given to the orders in themanner prescribed undersub-section (4) of Section 11 and.‘th-e highway or part thereof shallthen beclosed. Highway authority to reguiate trafific when highway deemed unsafe. Prohibition of use of heavy vehi- cles on cere tain highways. Power of highway authority to controt' traffic to be exercised throughlhe authority appointed under part V to control? traffic. Proceduxe to» be followed when high- way autho- rity wishes permanently to close any highway. Consent of highway authority tequired to do certain acts on highways. Prevention and rectifi- cation 0 damage to highway. 26 (7) Whenever any highway or any part thereof has been so ,c1osed, reasonab1e compensation shah be paid to every person who was entitled,otherw ise than as amere member of the public, to use such highway or part as ameans of access to or from his property and has suffered damage for such closing. (8) Where an alternative route has been provided or is already in existence, the amount of compensation payable to any person under sub-section (7) shed) in no case exceed the cost of laying anew means of access from his property to such alternative route. (9) Where compensation is payabte under sub-section (7), the claimant shall, within 3 months of the dosing of the highway or part, make to the State Government his c1aim for compensation, and such claim shall be disposed of in accordance with the provisions 0f Sections 17 (3) and 18 (1). 43. ( 1) Notwithstandin g anything contained in any other enactment For the time being in force, no person other than a highway authority or its authorised agent sha‘xl construct or carry any cable, wire, pipe, drain sewer or channel of any kind thmugh, 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 a1so impose a rent or other charge for any tand forming part of the highway occupied by or apphed to the proposed work. (3) If any person constructs or carried out any work in contra- vention of sub-section (1), the highway authority may arrange for the remova1 of such work and restoration of the highway to its former condition in accordance with the provisions of Section 21 as if the work constituted an encroachment on the highways and such expenses as 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 prescribedundet Section 23 in so far as that procedure is applicable. 44. (1) No person shah wilfully or negligently cause, or aflow any vehicle or anima1 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 authonty shall have the damage repaired and the expenses involved, together with °° departmental charges, shah, without prejudice to any other action that may be taken against the perso-nttesponsible for the contraventionot‘ subsection (1,), be recovered ’from‘ him in accordance withthe ptoeedltgea pnescribed (under Section 23 in so far that procedure is- appliéable; ' ‘ ' CHAPTER—X mVEY OF HIGHWAY LANDS AND HIGHWAY, BOUNDARIES FOR PREPARATION OF AUTHORITATIVE PLANS 45. (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 of 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 Ofiicer for the purpose. (2) If, on receipt ot‘such request and after making such further enquiries as may be deemed 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 simultaneouslyappoint a Survey Officer for the purpose. 46. (1) When asurvey has been ordered under Section 45, the Survey Officer appointed for the purpose shall publish a nntification in the otficiai gazette inviting all persons having or claiming to have anyinterest on the lands adjoining the highway or its boundaries of which the survey has been ordered, to attend either in person or by agent at a 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 Oflicer shall cause further publicity to be given to the notification issued by him under sub-section t1) 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 subsection (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. 47. (1) The Survey Officer shall give aspecial notice to the high way authority concerned 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 afiected. , 48. (1) The Survey Oflicer shall have power to determine and record as'undisputed any boundary in resPect of which no diSpute is brought to his notice. (2) Notice of every decision of the Survey Oflicerundef sub-secgtion £1) shall be given in the prescribed manner to the registered iho egg ot‘"the land“ the bbundapie‘s of which'm'a‘y 'be aff‘eete’d‘by "the deem 1- ‘ and also to the highway authority concerned. State Govern- ment to order survey and appoint survey oficer when so requested by the highway authority. Survey Officer to publish notification. Survey Officer to give spe- cial notice to highway authon‘ty to enable the latter to make representa- tions if neces- sary. Power of survey officer to determine / undisputed boundary. ‘ / Power of survey oflicer to determine and record a disputed boundary. Appeals against order of the survey officer under sections 48 & 49. Completion of demarca- tion to be notified by the survey oflicer. Institution of suit in civil court where any person is aggrieved by determination of boundary. 28 49. (1) Where aboundary is disputed, the Survey Oflicer after making such enquiry as he considers necessary, shall determine the- boundary and record it in accordance with his decision and shalt! also record in writing the reasons for his 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 goloers of the land the boundaries of which may be affected by the eelsion. ' SD. (.1) The highway authority or any other person affected by the decision under Sections 48 or 49 may, within three months of the date of service of notice under those secxions, appeal to the Coilector 01' 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’s decision ordered by the appellate authority shall be noted in the record prepared under Sections 48 or 4.9 as the case may be. (2) No appeal preferred after the expiry of the said periodof three months shall be admitted. Provided that the time taken to obtainacopy 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) Acopy of the order and aeopy of the map recording the boundaries as determined under Sections 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 or map, as the case may be or the application to the Survey Officer and on payment of such reasonable cost as may be fixed. 51. (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 Sections 48, 49 or 50, the ' Survey Officer shall notify the fact in the oflicial gazette and shalt 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 of the survey shall be conclusive proof that the boundaries as determined and recorded therein have been correctly determined and recorded and. shall not be questioned in any court of law. 52. (1) The highway authority or any other person deeming itself or himself aggrieved by the determination of any b0nndary under Sections 48,49 or 50 may, subject to the provisions of the parts I! and III of the Indian Limitation Act, 1908 institute asuit withim ayear from the date of the notification under sub-section (1) ‘or' Section St, 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 1n the record. Rules. 29 (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 nhich is the subject of the suit. CHAPTER—XI POWER TO FRAME RULES FOR THE CONSTRUCTION AND 53. MAINTENANCE OF HIGHWAYS (1) 'Ihe State Covernment may make rules for the regulation of the construction and maintenance of highway and generally for carrying into effect the purposes of Part 11 to IV of this Act. (2) In particular and withoutprejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) (b) (0) (d) (e) (f) (3) 7 (h) (i) the preparation of schemes for the development of new or improvement of, or repairs to existing, highways; the standards that have to be followed in determininga standard width and building and control lines in respect of various types of highway ; the prevention of obstructiOn of view or distraction of attention of persons using suchihighways and of annoyance, danger or injury to the public; the prevention of obstruction, encroachment and nuisances on or near, and of damages to such highways ; the proper maintenance of boundary marks demarcating highway boundaries and building and control lines; 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 jmposed or levied under the provisions of this Act; the general guidance of the highway authority and the Planning Board in the discharge of their functions under this Act ; the transaction of business by a Planning Board including appointment of a chairman, his powers, his remuneration and travelling allowance, etc. and those of the other ofiicers of the Board and the appointment of Stafi for the Board ; the maintenanee of accounts 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 54. (1) Every notice or bill-issued- or prepared under any Seetion of this Act shall be served or presented: (a) by deliveriflngflorv tendering itor sending it. by post to the person to whom it is addressed, or to his agent ; or (b) if such a person or his agent is not found. then by leaving it at his usual or last known pace of abode or by delivering or tendering it to some, adult male member of his family or by Causing itto be fixed onsome conspicuous part of the building or land, if any, to which it relates. (2) Where »noti~ce-,,;under._this Act 'is required to be served upon an “owner” or “occupier” or a building orland, {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 'tov-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 oroceupier iswfeund, then by giving or tendering the notice to an adult male .member or servant of his‘ family or-by causihg thevnotice to be fixed -on some conspicuous buiiding or part of the land to which the same melates ; (c) Whenever the persq'n to whom a notice orga bill is to Abe served is a minOr,,sei-vice ,uponhis.,guard_ian or upon an adult male member or seryant of his‘family shall be deemed to be service upon the minor. 54A. (1).,Every power to make rules given. by-this Act is subject to the conditlon of the rules beihg‘madewafter previouspublication. .(2) A11 rules made under this Act shall be. publishedjn the pfliCial gazette, and shall, unless some later ‘date is__appointed, come mto force on the'date of suchepublication. 55. The highway authority \may, after obtainingetheizzapproval of the State Government, by notification in theriosfficialk Gazette, delegate any of its powers or duties under sections 7(3), 7(4)lO, 20, 21, 23, 38, 39, 40, 41, 42, or_ 43 of this. Act to ,Iany officer. or authority subordinate to it subject to such conditions if any, as may be spemfied in suchnotification. Service of notice, etc. Publication and com- mencement of rules. Delegation of powers by the high- way autho’ rity. 31 56. All persons acting by the authority of the State Govern— ment or of any highway .authmtity;_or; a Planning Board in the carryingoutof any of therprovisions of this Act or of any of the ruleSnv'made: under::thisszct—‘shaH?,beridezemed.,to:=be: public servants Within the meaning of 'Section'Zl rof ?the Indian Penal Code. 57. *No suit, prosecution or other legal proceedings shall lie against any person foranything Which is in good faith done or intehded-to be done under or in pursuance of this Act or any rules made under this Act. 58. Every police officer shall ’forthwith furnish information to the nearest highway authority, or the nearest officer subordinate to 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. ’59. ‘A police officer in uniform may arrest Without warrant any purson Who commits in his View an offence punishable under Section 66 or 67. 60. Every village headman, Village accountant, village watch— man or other Village official by Whatever name called, shall forthwith inform thehnearest 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$ des— troyed, damaged, removed, displaced or otherwise tampered with, or that any damage to any highway or encroachment on any highway land has been ,made. 61. The highway authority may utilise temporarily for other than road purposes: land forming part ofa highway Which is not immediately required for the passage of traffic and dispose of the produce of such lands. ‘62. Wherein pursuance of Sections 7(2), 11(10), 26(1) or 31(1), a highway authority orravPlanning ?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. Nothing in Parts '11 tor=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. i" Persons deemed to be public servants. ‘ Protection of persons tak- ing action under this Act. Powers and duties of ‘ police in respect of , offences and assistance to highway authorities. Power of arrest without warrant in case of offices involving _ encroachment on or damage to. ‘ highways. Duties-of vil- lage oflicials to report to highway au- thority when- ever 'they become aware of damages to highway or to the boundary marks :of highways,vetc. Power-to uti- lise highway and for other than road purpOSe. Land aquired by direct ne- gotiation to be subsequ— ently aquired under Land Acquisition Act, 1894. Saving as regards land under central Government control. General pro- vision for punishment of offences under Parts .11 to IV. Disobedence of orders, obstruction and refusal of informa- tion. Penalty for Contraven- tion of restrictions relating to laying of means of a_access of ereCting many buil- dings etc. Penalty for unauthorised occupation of highway land. Penalty 1‘or causing damage to highway, Powet t0 compound oifences. CHAPTER—XIII OFFENCES, PENALTIES AND PROCEDURE APPLICABLE TO PART II TO IV 63. Whoever contravenes any provision of Parts 11 to IV of this Act or of any rule made under this parts shall, if no other penalty is provided for the otfence, 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 an offence under this Act, with fine which my extend to Rs. 200. 64. Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any functions that such person or 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 shat], if no other penalty is provided for the offence be punishable with fine which may extend to Rs. 260. 65, 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 Sections 13(1), 14(1), 15(3) or 30(1), he shall be punishable. (a) With fine which may extend to Rs. 50'), 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. 66. 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) afine which may extend to Rs. 250 for the 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. 67. 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 puniShabie with fine which may extend Rs. 1,000. 68. The highway ;auth01'ity may, either before or after the insti- tution 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 69. 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. 70. The State Government or any authority authorised in this behaif 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 became of the nature or any road or bridge, may by notification in the officialgazette 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 ofvhighway, 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 otfictal gazette shalt not be necessary. 71. (l) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs or be p!aced or erected in any public place forthe purpose of bringing to public notice any prohibitions or restrictions imposed under section 70, or genera iv for the purpose of regulating traffic other than motor vehicle trafiic. (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, butthe authority empowered in this behaii‘ 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 traflic sign shall, after the commencement of this Act, he plaCed or erected on or near any highway; but all traffic signs erected prior to the cemmencement of this Act by any authority competent to do So shalt] for._the purpose of this Act be deemed to be traflic signs erected under the provisions of sub~section (1). ' Exclusion of motor vehi- cies from the seope of part Power to restrict the use of vehi- cles. Power to erect traffic 3 ign s. Main roads. Duty to obey traffic signs. Signals and signaling devices. Leaving vehi~ cle or animal in dangerous position. Towing of persons siding cycle. Leaving vehicle or animal unattended. 34 (4) Any authority authorised in this behalf by the State Govern- ment 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 traflic sign from view or any sign or advertisement which is in his opinion so similar in appearance to atraffic sign as to be misleading. (5) No person shall wilfully remove, after deface, or in any way tamper with any name sign placed or erected under this section. (6). If any persoa accidently cause such damage to traific sign as renders it useless for the pUFPOSe for which it is placed and erected under this section, he shall report the circumstances of the occurrences to a police oificer 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 twentyfour hours of the occurrence. 72. 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 places of the appropriate traffic sign referred to in Part A of the First Schedule, designate certain roads as main roads for the purpose of the regulations contained in the Second Schedule. 73. (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 atraflic sign included in Part A of the First Schedule or any traflic 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. 74 The driver of a vehicle shall on the occasion specified in the Third Schedule make the signals specified therein. 75. No person in charge of a vehicle or animal shall causes 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 undue inconvenience to other users of the highway. 76. 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. 77. No persOn in charge of a vehicle or animalshall allow such vehicle or animal to stand or proceed on a highway unless it is under adequate controi. 35 78. (l) The Driver of a vehicle or animalshall cause the vehicle Duty of ’or animal as the case may be to stop and to remain stationary so drive; to 30mg as may reasonably be necessary; 3‘99 111 cc" tam cases. (a) when required to do so by any police oHiCer 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 aperson, 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 an offience punishable under Section 86, give his name and address to that person. 79. The owner of avehiele or animal the driver of Which is Duty of h' accused of any oflence under this Act shall on demand by owner V? 1' . . . . . cle or animal any police officer or other authority authorised in this behalf by the to givegnfor. State Government give all information i‘egarding the name and address mation. cf the driver which is in his possession or could by reasonable diiigence be asemtained by him. , 80. When any person is injured, or damage to property to Dgty 'of the amount of twenty-five rupees or more is caused as the result of gg‘VZFC‘PdcaSE an accident in which avehicle is involved, the driver of the vehicle Cl em. . . and in‘ut to or other person in charge of the vehicle shall: person? y (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 as 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. , 8L (1) The State GOVernment may make rules for the purpose Power to of carrying into effect the provisions of this Chapter. make 1'01“ ' for control of (2) Without prejudice to the generality of the foregoing power, “afic- such‘rules may provided for— ,f..-j%(a) the removal and the safe custody of the vehicles including - ‘ their loads which have broken down or which have ’been left standing or have been abandoned on highways; 7 (b) (c) (d) (e) (f) (g) .(h) (i) (1') (k) (1) (m) (n) (0) (p) (q) (t) (S) (t) 36 the use oi‘ weighting devices; the determination, maintenance and management of parking. places for the use of vehicles and animals and the fees, if any, which may be charged for their~use; prohibiting the use of foot paths or pavements by vehicles; or animals ; subject to specified conditions the segregation to any specified part of a highway of specified clauses and descriptions of vehicle or animal traflic; prohibiting or restricting the use of audible signals at certain times or in certain places ; regulating the leading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres- fitted ; a right of way for ambulances and fire brigade vehicles; prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle; the control of animals likely to frighten other animais oz pedestrians; the control of children on highways; prohibiting the riding by more than one person at the»- same time of cycles other than cycles designed for the purpose; prohibiting the riding of more than two cycles abreast; limiting the age of drivers of vehicles; the inspection of loads carried on vehicles and animals; the uses of nose—ropes for animals; regulating the driving of vehicles and animals at night; regulating the use of highways by pedestrians; 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 .traflic; . any other matter which is to be or may be prescribed- CHAPTER—XV CONSTRUCTION, EQUIPMENT AND MAINTENANCE OFVEHICLES 82. 'Every vehicle used on a highway shall be so constructed 6613;;ngand maintained as to prevent danger or inconvenience to persons pmusing that vehicle and other road users. regarding. construction and mamte — 83. (1) The State Government may make rules regulating the name.construction, equipment and maintenance of vehicles used on highways. (2) Without prejudice to the generality of the foregoing power, Power torules. may be made under this section governing any of the following make rules.matters either generally in respect of Vehicles or in respect of vehicles (a) (b) (C) (d) (3) (f) (g) the width, height and length of vehicles, the size, nature and condition of wheels and tyres, brakes, lamps and reflectors, Warning devices, the inspection of vehicles by prescribed authorities, regulating the particulars exhibited on vehicles and themanner in which parliCulaI's shall be exhibited. CHAPTER—XVI CONTROL OF PUBLIC VEHICLES 84. (l) The State Government may make rules for the regulation power toof the use of public vehicles. make rules;(2) Without prejudice to the generality of the foregoing pOWer,rules may be made under this section governing any of the followingmatters either generally or in respect of public vehicles of a particularss or description or in particular circumstances, namely: (a) ta): " (c) ,the issue, renewal, modificatiOn or cancellation ot‘ permitsand the transferof permits from one person to another; the issue, renewal or canceflation of driving licences; the issn‘e of duplicate copies in place of permits. anddriving licences mutilated, defaced, lost or destroyed; (d) (e) (f) (g) (h) (i) (k) (1) (m) (n) (0) (p) (q) 38 the preferring oF appeals by persons aggrieved by the refusal of the authority competent to grant or renew a permit or adriving iicence. or to transfer apermit or by the cancellation or modification of a permit or the cancellation of a driving licence, and the hearing and conduct of such appeals ; the documents, plates and marks to be carried by public vehicles, the manner in which they are to be carried and the language in which such dOCuments are to be expressed ; the badges and uniforms to be Worn by drivers ; the 'fees to be paid in respect of permits, driving licences, duplicate copies of permits or driving licences, plates, badges, and appeals preferred under this Chapter ; the production of permits and driving licences heiore specxfied officers for purposes of inspection; the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles; 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 a the fixing of maximum or minimum fares or freights; the minimum number of passengers or the maximum quantity of goods that may be carried in a public vehicle; the conditions subject to which passengers’ luggage or goods may be carried on public vehicle; the construction and fittings of, and the equipment to be carried by, public vehicle, whether generally or in specified areas or on spec1fied routes ; the safe custody and disposal of property left in public vehicles ; V 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; the requirements which shall be complied With in the cons- truction 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 records which shall be maintained at such stands or places, the staff to be employed thereat and the duties and conduct of Such stafi‘, and generally for maintaining Such stands and place in a serviceable and clean conditions ; (General pro- vision for punishment of offence "under part V. Driving reckiessty or dangerously. Power of arrest witbout warrant. 39 (r) requiring the personin charge ofa public vehicle to carryany person tendering the legal or customary fare ; (s) the inspection of public vehicles_ including animals usedto drive them ; (t) the records to be maintained and the returns to be furnishedby the owners of public vehicles ; (u) the appointment, teth of appointment, jurisdiction, con-trol and functions ofauthorities for the purpose of admi-nistering 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 85. Whoever contravenes and provision of Part V of this actor of any rule made thereunder shall, if no other penalty is providedfor the offence, be punishabie with fine which may extend to tenrupees, or, if having been previously convicted of any offence underthis Act he is again convicted of an offence under this part of theAct, with fine which may extend to fifty rupees. 86. Whoever drives a vehicle or animal on a highway at aSpeed or in a manner which is dangerous to the public, having regardto all the circumstances of the case including the nature, conditionand use of the highway where the Vehicle or animal is driven andthe amount of traffic Which actually is at the time or which mightreasonably be expected to be in the highway, shall be punishable ona first conviction for the offence with fine which may extend to onehundred rupees and for a subsequent ofi‘ence with fine which mayextend to two hundred rupees. 87. (l) A police otficer in uniform or other authority autho-rised in this behalf by the State Government may arrestwithout warrant— (a) any person Who being required under the provisionsof Part V of this Act to give his name and addressrefuses to do so, or gives a name or address whichthe police officer or other authority has reason tobelieve to be false, or (b) any person concerned in an offence under Part Vof this Act or reasonably summed to have beenso concerned,if the police officer or other autho-Irity has reason to believe that he will abscond orotherwise avoid the service of summons. 40 (2) A police ofiicer 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. 88. (l) A court taking cognizance of an offence under this Act gfsmma‘y . posal our may state upon the summons to be served on the ac— cases. cused 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 remitto the court such sum as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified no further proceedings in respect of the offence shall be taken against him. 89. (1) The Manipur Highways Ordinance 1979 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 not inconsis- tant with the privisions of this Act be treated as to have been done 'and acted under the provisions of this Act and shall continue to be in force until superseded. THE FIRST SCHEDULE (See Sections 71,72 & 73) TRAFFIC SIGNS This will be reproduction of the Ninth Schedule to the Motor Vehicles Act, 1939 except as follows : Bart A —— Mandatory signs. Sign No. I —— “Speed limit” and Sign No. 7 —— “use of sound signals prohibited” to be deleted. Sign No. 2 —— “Weight limit” for the definition plate mar- king “axles over . . . . . . . tone” signs indicating particular classes of traffic to be Substituted. Baht C —— Informatory signs. No. 3 — “end of speed limit”. to be deleted. [To- Not 4 —- “parking sign”, signs indicating particular classes of traffic to he added. THE SECOND SCHEDULE (See Sections 72 & 73) DRIVING REGULATIONS 1. 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 whichis proceeding in the opposite direction to pass him on his right hand side. 2. 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. 3. 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 to turn to the right has drawn to the centre of the road; Provided that in no case shall be pass a tram-car at a time or in a manner likely to cause danger or inconvenience to other users of the road. 4. 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 traflic proceeding in any direction, or (b) Where a point or corner or a hill or an obstruction of any kind renders the road ahead not clearly Visible. 5. The driver of a vehicle -or animal shall not, When being overtaken or being passed by any class of traflic, do anything in any way to prevent the other traffic from passing him. ' 6. The driver of a vehicle or animal shall drive slowly when; approaching a road intersection, a Road Junction or a road corner 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. 7. 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 ethetr case give way to all traffic approaching the intersectlon on h1s nght hand. 42 8. 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 intersec— ting 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 1. When about to turn to the right or to drive to the right hand side of the 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 if carried, in a horizontal position to his right outside the vehicle or otherwise so as to be Visible from behind. 2. 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, Printed by the Director, Ptg. & Sty, Manipur/400—C/5-12-79.