The highways act,1956 (Bare Act)/ Universal Law Publishing

THE NATIONAL HIGHWAYS ACT, 1956
Introduction 1
Sections
1. Short title, extent and commencement 2 2. Declaration of certain highways to be national highways 2
3. Definitions 2 3A. Power to acqxiire land, etc. 2 3B. Power to enter for survey, etc. 3 3C. Hearing of objections 3 3D. Declaration of acquisition 3 3E. Power to take possession 4 3F. Right to enter into the land where land has vested in the Central Government 4
30. Determination of amount payable as compensation 4 3H. Deposit and payment of amount 5 3-1. Competent authority to have certain powers of civil court 6 3J. Land Acquisition Act 1 of 1894 not to apply 6 4. National highways to vest in the Union 6 5. Responsibility for development and maintenance of national ' highways ^
6. Power to issue directions 6 7. Fees for services or benefits rendered on national highways 7 8. [Repealed] 7 BA. Power of Central Government to enter into agreements for development and maintenance of national highways 7 SB. Pimishment for mischief by injury to national highway 7
9. Power to make rules 8 10. Laying of notifications, rules, etc., before Parliament 8 THE SCHEDULE.—National Highways 9
THE NATIONAL HIGHWAYS RULES, 1957
Rules 1. Short title 23
2. Definitions 23 3. Estimate of work, its commencement, completion, etc. 23 4. Abstract of particulars of detailed estimate for maintenance of national highways 26 5. Revised detailed estimate 26 6. Application for allotment of funds 27 7. Prrgress reports and inventory 27 8. Deviation in work, sub-standard work and completion report 28
Rules
9. Inspection of works . . . 28
10. Utilisation of space beneath the road, overbridges or flyovers . ... . 28
THE SCHEDULE.— Conditions for the issue of technical approval and financial sanction to plan and estimate for execution of any original work on a national highway costing an amount not exceeding Rs. 50 lakhs by the executing agency concerned . 29
THE NATIONAL HIGHWAYS (MANNER OF DEPOSITING
THE AMOUNT BY THE CENTRAL GOVERNMENT WITH
THE COMPETENT AUTHORITY FOR ACQUISITION OF LAND) RULES, 1998
1. Short title and commencement 31
2. The marmer of depositing money with the competent authority 31
THE NATIONAL HIGHWAYS FEE (DETERMINATION OF RATES AND COLLECTION) RULES, 2008
1. Short title and corrunencement 32
2. Definitions 32 3. Levy of fee 33 4. Base rate of fee 34 5. Armual revision of rate of fee 36 6. Collection of fee 37 7. Remittance and appropriation of fee 37 8. Location of toll plaza 38 9. Discounts 38 10. Rate of fee for overloading 39 11. Exemption from payment of fee 39 12. Display of Information 40 13. Unauthorised collection 40 14. Failure to pay fee 15. Power of Central Government to verify records 41 16. Collection of fee in respect of Private Investment Project 41 17. Bar for installation of additional barrier 41
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988
Introduction
CHAPTER I
PRELIMINARY
Sections 1. Short title, extent and commencement
2. Definitions •
CHAPTER U THE NATIONAL HIGHWAYS AUTHORITY OF INDIA 3. Constitution of the Authority 4. Term of office and conditions of service of members

Sections
5. Disqualifications for appointment as member 46
6. Eligibility of member for re-appointment 46 7. Meetings 47 8. Vacancy in the Authority not to invalidate proceedings 47 9. Appointment of officers, consultants and other employees of the Authority 47 10. Authority to act on business principles 47
CHAPTER III
PROPERTY AND CONTRACTS 11. Power of the Central Government to vest or entrust any national highway in the Authority 47
12. Transfer of assets and liabilitios of the Central Government to the Authority 47
13. Compulsory acquisition of land for tlie Authority 48
14. Contracts by the Authority 48
15. Mode of executing contracts on behalf of the Authority 48
CHAPTER IV
FUNCTIONS OF THE AUTHORITY 16. Functions of the Authority ^ 49
CHAPTER V
HNANCE, ACCOUNTS AND AUDIT 17. Additional capital and grants to the Authority by the
Central Government 50
18. Fund of the Authority 50 19. Budget ' 51
20. Investment of funds 51
21. Borrowing powers of the Authority 51
22. Annual report 51
23. Accounts and audit • 51
24. Annual report and auditor's report to be laid before Parliament 51
CHAPTER VI
MISCELLANEOUS 25. Delegation of powers 51 26. Authentication of orders and other instruments of the Authority 52 27. Employees of the Authority to be public servants 52 28. Protection of action taken in good faith 53 29. Power of the Authority to undertake certain works 53
30. Power to enter . . . 53 31. Power of the Central Government to temporarily divest the Authority of the management of any national liighway 54 32. Power of the Central Government to supersede the Authority 55
33. Power of the Central Government to issue directions 56 34. Power of the Central Government to make rules 56 35. Power of the Authority to make regulations 57
36. Power to remove difficulties 57 37. Rules and regulations to be laid before Parliament 57
7.
8.
9.
THE CENTRAL ROAD FUND ACT, 2000
Introduction
60
60
60
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (BUDGET, ACCOUNTS, AUDIT, INVESTMENT OF FUNDS, AND POWERS TO ENTER PREMISES) RULES, 1990
CHAPTER 1
PRELIMINARY
Rules 1. Short title and commencement 59 2. DefinitionsContents 59
CHAPTER II BUDGET, ACCOUNTS AND AUDIT 3. Preparation and submission of budget 59 4. Supplementary budget 5. AccountSi,of Authority 6. Preparation and submission of annual report and annual accounts . Cost of Audit
CHAPTER III
INVESTMENT OF FUNDS AND RESERVE FUND Manner of Investment Fimd 62
Reserve Fund
CHAPTER IV
POWER TO ENTER LAND OR PREMISES
63 10. Mode of service of notice An FORM A1 Budget Estimates—Combined abstract of Budget Estimates 63 FORM A2a) -Budget Estimates-Part I-Abstract of each Individual Account 64 FORM A2{ii).-Budget Estimates-Part II-DetaUed Budget Estimates of each Individual FORM A3.— Budget Estimates—Schedule contaming New Items of Expenditure other than Work and Schemes . . 65 FORM A4 - Budget Estimates-Schedule of Works and Schemes in progress 65 FORM A5.- Budget Estimates-Schedule of Approved New Works ^ and Schemes „ , c r tn FORM B.— lAuthorisation to enter upon any of the National Highway Authority of India Act, 19881 . 66
67
CHAPTER I
PRELIMINARY
SectiorLS 1. Short title, extent and commencement
2. Definitions
CHAPTER II
CENTRAL ROAD FUND
3. Levy and coUection of cess 4. Crediting of cess to Consolidated Fund of India 5. Grants and Loans by the Central Government 6 Establishment of Central Road Fimd
69
69
69
70
Sections
7. Utilisation of the Fund ^
8. Accounts and audit
CHAPTER III
MANAGEMENT OF CENTRAL ROAD FUND
9. Powers of Central Government to administer the Fund 72 10. Functions of the Central Government 72 11. Adnunistration of States' share of the Fund 73 12. Power to make rules 74 13. Rules made under this Act to be laid before Parliament 74 14. Provisions relating to existing Central Road Fund 74 15. Repeal and saving . . . 74 THE SCHEDULE.—[Specified items on which, as a cess, a duly of excise and customs to be levied and collected—see section 3] . ■ 74
THE CENTRAL ROAD FUND (STATE ROADS) RULES, 2007
Rules 1. Short title and commencement • 75 2. Defirutions • 75 3. Disbursement of Fund in respect of projects, schemes and activities 75 4. Procedure for identification and prioritisation . 75 5. Approval of schemes under State roads . 76 6. Release of funds for State roads ■ 78 7. Manner of sanctioning schemes for construction and development of State roads including roads of inter-State connectivity and , economic importance • 8. Approval and financing of schemes • 9. Release of funds for inter-State connectivity or economic importance works •
10. Execution of works • 11. Progress reports and review •
FORM I.—Utilisation Certificate • FORM 11.— Progress Report of Works executed from Central Road Fund • ^7 FORM III.—Expenditure Report of Works executed from Central Road Fund ■ 82
THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002
Introduction • ^
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and conunencement • 2. Definitions , •
CHAPTER II
ESTABLISHMENT OF HIGHWAY ADMINISTRATIONS AND TRIBUNALS, ETC. 3. Establishment of Highway Admirustralions 85
4. Powers and functions of Highway Administration 86
5. Establishment of Tribunals 86 6. Composition of Tribunal 86 7. Qualification for appointment as Presiding Officer 87 a. Term of office 87 9. Staff of Tribunal 87 10. Salary and allowances and other terms and conditions of 87service of Presiding Officer 11. Vacancies in Tribunal 87 12. Resignation and removal 87 13. Financial and administrative powers of Presiding Officer 88 14.. Jurisdiction, powers and authority of Tribunal 88 88 15. Bar of jurisdiction 16. Procedure and powers of Tribunal 88 17. Conditiorw as to making of interim order 88 18. Execution of orders of Tribunal 89
19. Limitation
89
20. Appointment of officers to act on behalf of Highway
89
Administration 21. Delegation of powers 89 22. Power to transfer jurisdiction 90
CHAPTER III
PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND THEIR REMOVAL 23. Highway land to be deemed as properly of Central Government 24. Prevention of occupation of highway land 25. Grant of lease or licence of highway land for temporary use 91 26. Removal of unauthorised occupation ^ 27. Recovery of cost of removal of unauthorised occupation and fine imposed CHAPTER IV CONTROL OF ACCESS TO THE NATIONAL HIGHWAYS
28. Right of access 29. Procedure for permission to access to Highway 30. Regulation or diversion of access, etc. CHAPTER V REGULATION OF DIFFERENT TYPES OF TRAFHC ON NATIONAL HIGHWAYS 31. Highway Admiiustration to regulate traffic when Highway deemed unsafe 32. Prohibition of use of heavy vehicles on certain Highways 33. Temporary closure of traffic on Highway 34. Permanent closure of Highway
35. Power to restrict the use of vehicles 36. Prevention and repair of damage to Highway 37. Prohibition to leave vehicles or animals in dangerous position ^
CHAPTER VI REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS, ETC 38. Coi«truction on highway land . . . 98

CHAPTER Vn
OFFENCE AND PENALTY
39. Offence and penalty
CHAPTER VIII
MISCELLANEOUS 40. Right of appellant to take assistance of legal practitioner 99 QQ 41. Finality of orders QQ 42. Duty of village officials "
43. Conduct of inquiry 44. Presiding Officers and employees of Tribunals, etc., to be public servants
45. Protection of action taken in good faith 46. Offences b^ companies
47. Procedure for service of notices, etc.
48. Act to have overriding effect
49. Power to remove difficulties
50. Power to make rules
THE NATIONAL HIGHWAYS TRIBUNAL (PROCEDURE FOR APPOINTMENT AS PRESIDING OFFICER OF THE TRIBUNAL) RULES, 2003
Rules
1. Short title and commencement
2. Definitions 3. Method of appointment of Presiding Officer
4. Medical Fitness
5. Direction of the Central Government
6. Saving
7. Oaths of office and secrecy FORM I—Form of Oath of Office for Presiding Officer of the National Highways Tribunal FORM II—Form of Oath of secrecy for Presiding Officer of the National Highways Tribunal
THE NATIONAL HIGHWAYS TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF PRESIDING OFFICER) RULES, 2003
1. Short title, commencement and application 105
2. Definition 3. Committee for investigation of complaints 105 4. Judge to conduct inquiry 5 Application of the Departmental Inquiries (Enforcement of Witness and Production of Documents) Act, 1972 to inquiries under these rules .

6. Powers of the Judge 107 7. Suspension of Presiding Officer 107
8. Subsistence allowance 107 9. Inquiry Report 107
THE NATIONAL HIGHWAYS TRIBUNAL / (PROCEDURE) RULES, 2003
1. Short title and commencement 108
2. Definitions 108 3. Sittings of the Tribunal 108 4. Language of the Tribunal 109
5. Procedure for filing appeals 109 6. Presentation and scrutiny of memorandum of appeal 109 7. Place of Tiling memorandum of appeal 109
8. Contents of memorandum of appeal 109 9. Documents to accompany memorandum of appeal 109
10. Plural remedies 110 11. Endorsing copy of appeal to the respondents 110 12. Filing of reply to the appeal and other documents by the respondents 110 13. Date and place of hearing to be notified 110 14. Dress regulations for the Presiding Officer, etc. 110 15. Order to be signed and dated 110 16. Publication of orders 110 17. Inspection of records and certified copies of orders 111 18. Working hours of the Tribunal 111 19. Holidays 111 20. Powers and functions of the Registrar 111 21. Additional powers and duties of the Registrar 111
22. Seal and emblem
112
FORM—Memorandum of Appeal under section 14 of the Control of 112National Highways (Land and Traffic) Act, 2002 (13 of 2003)
THE NATIONAL HIGHWAYS TRIBUNAL (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 2004
1. Short title and commencement
2. Definitions 3. Powers of the Presiding Officer
THE HIGHWAYS ADMINISTRATION RULES, 2004
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions

CHAPTER II
EXERCISE OF POWERS AND FUNCTIONS BY THE HIGHWAYADMINISTRATIONS AND MAINTENANCE OF RECORDS Exercise of powers and functions by Highway Admirustrations
Mainteiuince of land records Claim for correction of records • • ^
CHAPTER III
CONDITIONS, RENT, OTHER CHARGES, ETC
Conditions subject to which permit may be issued
Rent and other charges for issuing permit
Form of permit Condition subject to which a lease or licence may be granted Rent or other charges for granting lease or licence
Form of notite
The cost for making feasible construction, etc.
Form of bill Application for specific permission to access to a Highway Terms and conditions for specific permission to access to a Highway Form of licence, period of validity and maimer of renewal of licence
CHAPTER IV
LADEN WEIGHT, SAFETY CONTROL AND MANNER OF HANDING OVER THE VEHICLE, ETC
Limit of laden weight Prohibition or restriction of the plying of vehicle under section 32 Traffic signs to be placed or erected under section 35 Safety control imder sub-section (1) of section 37 The maimer of handing over the vehicle or animal to the owner, etc. Form of application under sub-section (2) of section 38 Fees and other charges under sub-section (3) of section 38 Summary inquiry under section 43 Manner of service or presentation of notice or bill
Interpretation SCHEDULE I.— Highway Land Register SCHEDULE II.— Permit for Occupation of Highway Land
SCHEDULE III.— Notice for Removal of Unauthorised Occupaton. SCHEDULE rV.— Bill For Recovery of Cost of Removal of Unauthorised Occupation and Fine Imposed
SCHEDULE V.— Form of Application for Specific Permission for Access to a Highway
SCHEDULE VI.— Licence for Access to Highway SCHEDULE VII.— Application for Construction, Installation, Etc. on Higjiway Land