113

THE KERALA HIGH\'VAY PROTECTION ACT, 1999

(Act 6 of 2000)

CoNTENT<;

Preamblt

Sections:

I Sho~ t Ttllc, Extent and Commencement

2 Defini t10ns
3 Decla1 ation of road, ways or land as htghway
4 Appointment of htghway authorities
5 Powels and funct10ns of H1ghway authority
6. Powc~· to enter on land for su,·vey in connectiOn ,...,ith a high-
way scheme.
7. Preparation of scheme for highway development
8 Powe.t to do cc· tatn acts for execution of the schemes
9 Maintenance of hxghway plans
10. Dema1 acatwn of hxghway boundat ics
"'r·
oJ
11 Annual check of htghway boundanes
12. H1ghway deemed to be Gove1nment p . operly
13 Prevent1on of unauthorised occupation of highway
... •
14 Powe.r to g1ve d1rect10n to take ce1 ta1n measures
15 Removal of encroachment
16 Recovery of cost of removal of enc1 oachment
17. Standard width of highway
,.
18. Building hncs and cent.J al lines'
19. Restriction on use of land between highway boundary and
building line
20. Restriction on use of land between building line and central
line
21. Apphcation for permission
22. Removal of structure which obstruct the view or destract the
attention of persons using highway
23. Regulation of tafic when highway 1s deemed unsafe
24. Pt ohibit1on of heavy vehicles on cea·tain highways etc.
25 Restriction of traffic where highway is temporarily closed
/
114
26. Coruent of htghway authcwity required to do cettain \ct'l
on highway
27. Prevention of damage to and repair of highway
28. Acquisition of land for highway
29. Application of certain provision to lands adjacent of th~
natural Htghways
30. General provision for punishment of offences. ~I
31. Disobediance of orde1 s, obstruction and refusal of infor-
mation
32. Penalty on construction of restncuon relating to laying of
means of access or erecting any building etc.
33. Penalty for encroachment
34. Penalty for causing damage to highway
35 Po~er to compound offences
36. Power to make Rules
37. Constitution of appellets authority
38. Service of notice •
39. Power to delegate
40. Persons deemed to be public servants
•
41. Protection of action taken in good fatth
42. Offences by companies
43. Cognizance of offences
44. Pohce Officers to assist highway authontJ.es
45. Duties of Village Officer to repast to highway authority
46. Power to utilise highway land for purpose other than road
purposes
47. Saving as regards land under the control of Central Govern-
ment
48. Mode of recovery of sums payable to highway authority
49. Repeal and saving
 115
THE KERALA HIGHWAY PROTECTION ACT, 1999*
(Act 6 of 2000)

An Acl to provzde for the protection of hcghwaJs and for the regulatzon
of highway development zn the State of Kerala.

Preamble.~ WH~REAS 1t is expedient to p.t-ovidc f01 the protection

and development oflughways and fm the prevenuon ofribbon qevelop-
ment along h1ghwa) s and enc1 oachment and use of highways for
purposes which will adversely affect the safety of t1 affic and proper
condition of h1ghways in the State of KeJ ala,
•
BE it enacted In the F1ft1eth Yea1 of the Republic of India as
follows:

CHAPTER I
Preliminary

1. Short tttle) extent and commencement.-( I) Th1~ Act may be

called the Kcrala Highway Pt otectwn Act, 1999
(2) It extends to the whole of the State o: Kcrala
(3) It shall be deemed to have come lLto fmce on the 17th
day of November, 1999
2. Defimtzons -In this Act, unless the context otherwise requires.-
(a) '"animal" means any domestic or captive an1mal;
(b) "appellate authonty" means an appellate authority
constituted under section 3 7,

'\
(c) ''bUlldmg hne" means a lmc on either s1de of a highway
as may be determ1ned by the competent authority under section 18;
(d) "competent auth011ty" means any oHiccr of the Govern-
ment ih Pubhc Works Depat tment appointed by Government by
notification in the Gazette to be the competent authority for the
purposes of this Act;
(e) "control line" means a hne beyond the bulld1ng line as
may be dete.-rruned by the competent autho11ty under section 18;
* Received the assent of the Governo:: on 20th day of January,
2000 and published in the Kerala Gazette Extraordinary
No 114 dated, 20th day of Januat y, 2000.
 116
•
(f) "encroachment" means occupation of a highway or part
thereof for purposes other than traffic and any Act wh1ch causes damage
to the highway and mcludes,-
(i) unauthorised erection of a buildmg or any othe1 pc-manent
or temp01 ary st. ucture, balcony, porches, facades 01
P' OJectlOns on, over m overhangmg the highway,
(u) occupation of hjghway fm stackmg budding mate, Ials
or goods of any othe, desc 1pt1on. fot parking auto:
mobdec; fo1 mamtcnance and 1 epa1,, for exh1b1tmg
art1cles fo1 sale, fo,· c. ectmg poles, awnmgs, tents,
panda(<;, a, ches, platfm·ms, , ostt urns, hoa1 dmgs,
dtsplay boa··ds, statue~, monuments of all kmds, steps,
ramps and othe, smul,lJ <;tructUl es Of stabling
domestic ammals and poult1 y and cultivatlOn of any
kmd includmg hol'ticultu.t e o,· fo, any othe"j pu, pose;
(iit) excavation m embankment of any so, t made or extended
on any htghway,
(•v) dumpmg of waste and filthy matenal<; wh1ch may cause
hygtcmc and env1ronmental haza1 ds, lettmg of waste
.tnd polluted wate, o, dthe, effluents into the high-
way and u<;mg the highway fo, bathing, washmg,
wa tez mg and defeca tmg; -...y I

(v) blocl.mg, closmg, choking o, restnctmg water flow

along the sides of the lug}n~yav o~ ac, oss it, either free
flow ot gutded flow th.(ough drams, channels, con-
duits, scwe1 s, Cfos<; d,·ainage wo. ks such as culverts,
wens, undcrtunnels, bndgcs, 01 aqueducts; and
(v1) blocking Oi' closing of channels, sueams o.~ any water
cou1se which pa<;sec; th1ough any p1opc, ty, either
pnvate or pubhc, and foJ mmg pat t of a natural
water course which may 1 csult 111 accumulation
of wate.r on a highway causmg damage to road c1ust;
(g) "Go vet nmcne' means the Government of Ket ala
(h) "highway" means any toad, way O.t land declared as a
htghway under sectton 3 and mcludcs any land acqun ed or demarcated
for constt uctiion of a highway, '
(i) "highway
appointed under section 4,
authouty" medns the htghway

(J) "natwnal h1ghway" means any nat10nal highway m the

autho11ty
'
State included in the schedule to the Natxonal Highways Act, 1956
(Central Act 48 of 1956) or any highway declared as a national
highway under sub-sect10n (2) of section 2 thereof;
 117

(k) "prescribed" means prescribe~ by rules maqe under this

.
Act·'
(1) "J tbbon development" means growth of buJ.ldings and
Industrial and commercial e~tabhshments hnca1ly along a htghway
wlth direct access to the highway;
(m) "right of way" 1n 1elat10n to a htghway means the land
wtthin lts boundanes,
(n) "standatd wtdth ofh1ghway" mean~ the wtdth of a highw~y
as may be specified under scct10n 17,
(o) "State" means the State of Ke1:ala;
"survey', 1ncludes all operattons I;tctdental to the det~mi·
(p)
nation, measw~ement and rccOl d of a boundat·v or bounda1 ics· for
preparation and Implementation of a h1ghway · scheme or highway
development and includes a rc·sUl vey,
(q) "su,·vey rna,k" mean~ any ma1k or obJeCt etected, made,
employed Oi specified by a h1ghway authodty to ind1cate O!' determine
' or asstst 1n dete~·mming the position or level of any pOint or po1nts;
(1) "veh1cle" 1ncludes any wheeled conveyance dlawn, pro·
pelled or d\ ivcn by any kmd of powe1 includmg human, ammal,
motor, steam or elcco 1c power, and Includes any bat J ow, plough
or hke veh1cle

CHAPfi:R II

• Highways and Highway Authorities

3 Declaratzon of roads, ways or land as lzzghway -(1) The Govern·

ment may, by notificat•on tn the Gazette, declare any road, way or land
appurtenant thereto to be a h1ghway and class1fy 1t as a State h1ghway
ot• a hill htghway or a maJor d1stnct road or any other category of
road

Explanatlon.-For the purpose of classification of htghways under

...,/ this section, 1mpo1·tant roads w1th1n a district or adjoming distncts
- 'serving areas· of production and market and connecting these with
each 'other or with a State htghway or a nattonal htghway shall be
considered as a maJor d1stnct road and arterial routes of t~e State
linking distt1ct headquarters and tmp?rtant cities ot. towns c;>r
important places of tounst 1nterest or ptlgllm centres wttlun the State
and connect1ng them w1th national highways Ol lughways of
neighbounng States shall be constdered ~s a State h1ghway.
3f:j34-17
 118 I
II
{2) Eve1 y notification under sub-section (I) shall also be 'l
•
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published by Government in at least two dally news papers having

wide circulation in the area to whtch the notificat10n relates

4. Appozntment of htghway authorztus.-For the purpose of exercising

the powers and pet forming the duttes of a highway authonty unde-r
thts Act for any atea or for a highway or part of a highway, the
Govetnment shall appmnt, by notification, the Executive Engineer
(Roads) or Executave Engineer (Nauonal Highways) of the Public
Works Department as the highway authonty of the respective area

5. Powers and functtons of hzghway authonry.-Subject to the pl o.

visions of this Act, the highway autho11ty 'ihall have the following
powers and functions, namely -
(a) to execute development schemes;
(b) to control ribbon development,
(c) to prevent and remove encroachment;
(d) to exercise such powers and funclions as are necessary and
incidental to any or all of the above matters, and
(e) to exercise such other powers and functions as may be
prescribed.

CHAPTER III

D~velopntent and Maintenance of Highway

6. Power to enter on land for survey tn conructton wrth a htghway

.
scheme.-( I) The h1ghway authority or any officer not below the rank
of an Assistant Engmeer of Public Works Department 01 any agency
authorised by the highway authority jn this behalf, may under-
take a su1 vey 1n connection with a h1ghway scheme and may for this
purpose,- ·
I
II
(a) enter upon any land along with his wm kmen and survey
team and take n1easurements and levels on it,
y
I
(b) mark such levels, d1g or bore into the subsoil and do
all other acts necessary to ascertain whethe1 the land is suitable or not; I

(c) set-out the bounda1 Jes of the proposed highway by placing

survey marks and cu ttmg trenches; and
(d) cut down and cleac any part of a stand1ng crop, or fence I I

m cases where survey cannot be completed, levels taken or boundaries I

marked otherwise
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Provided that,-
(i) no such entry 1nlo a bmlding shall be made between
sunset and sunrise;
(i1) no dwelling house or place shall be so entered except
with the consent of the occupier thereof or without
giving the occupier at least forty e1ght houTs' notice
of the intention to make such an entry;
(in) reasonable opp01 tunity and facility shall be allowed to
· the woman occupying any part of a dwelling house to·
withch aw; and
{iv) due 1 egard shall, so fa,· as feasible, be paid to the social
and rehgious customs and usages of the occupants of
the premises entered into.
(2) The highway authm ity or the officer or the agency refe,! ed
to 1n sub-section ( 1) shall in exercise of any power conferred by that
sub-section do as little damage as may be possible and compensation
for such damage, if any, shall be payable by the htghway authority
to the owner or occupier of such premises o1· both and in case of any
dispute as to the sufficiency of the amount of compensation, the
dispute shall be refeued to the Collector of the concerned district
and the Collector will take a decision therem~ w1th1n thirty days. ..

7. Preparatton of scheme for hzghway development.-( I) The highway

authority may, of its own accord, or shall, on the written request
by the competent authority, prepare a detailed scheme for the con-
struction of a new highway or : ealignment ot· improvement of, or
repairs to, an existing highway or part thereof and submit it to the
competent authority for sanction in accordance with the provisions
of this Act and the rules made thereunder.

(2) Such scheme may provide for,-

(a) pteparation of plans after having a survey made,
(b) the acquisition of any land, which in the opinion of
the highway authority is considered necessary for its execution;
(c) the laying out or relay1ng out of all or any of the lands
to be acquired; '
(d) ~he d1vet sion or closure of any existing highway or a
part of such highway;
(e) the construction or reconstruction of the roadway
including its widening, levelling, surfacing, bndgtng, sewering,
draining, water supply and street lighting arrangements, construcuon
; of over-bridges and underground pedes train crosses and planting of
trees on its sides;
 120
, (f) the laying out of foot-paths , cycle tracks and special
traffic lanes fo. any kind or class of vehtcles, the designing and
setting of parking bay'> and petrol filhng and sel:vice stations, the
location of ad vel tisement post and bill boards, and underground
ducts for accommodatmg telecommumcation cables, electric Jines,
water supply pipes and such other public utilities; and
(g) the lay out of access 1 oads at suitable dtstance connecting '-.-
the highway or the proposed highway with the adjoining properties.
(3) \Vhcn a h1ghway authOJ ity proposes to implement a new
s~heme or to reahgn an existing hxghway or pat t thereof, xt shall
notify the proposal m the Gazette and invite objections or suggestions
with respect to the proposal before a date to be specified 1n the noti-
fication
_ (4) The notification shall also be published tn two daily
l!ewspapers, of which one shall be in the local language, having
widt circulauon in the locahty where the highway is situated, and
copies of su··h notification shall also be prominently displayed at least
in two consprcuous places In the locality.
( 5) All objectwns and suggestiOns, 1 cceivcd befo,-e the dat~
specified in the notification, shall be conside1 ed by the htghway authority
before finahsmg its pt opo<>al and submitting tt to the competent authority
_. (6) The htghway
authority shall, after finalisation of the
proposal, submit the same to the competent authority for sanction.
(7) The competent autho1ity may exther accord sanction for
tHe proposal, With or w1thout modifications or reJect the proposal
ana shall publish lts decision In the Gazette

8. Power to do certazn acts for executz01z of the schtmes.-When the

competent authority has sanctioned the highway scheme prepared undec
section 7 and provided the necessary finances for its execution, the
highway authority shall proceed to carry out the work and may, for
this purpose, -
(a) entet into and pe1fo.rm all such corttracts on behalf of the
t'ompetent authonty as may be considered necessary,
(b) make arl~angemenLS fo1- the acquisition of land9 required
for the scheme ,
(c) tutn, divert or close either tempo!·arily m· permanently
~ny eXISting htghway or portion thereof; and
. (d) regulate, subject to such rules as may be prescribed in
~h1s behalf, the kind, number and spee'd of vehicles using any high~
Uray or part thereof, by means of barrier~ diversioi1 roacb or other
mean~.
 121
9 Mamtenance of hzghJJaJ' plans.-tl ) The highway authority
shall, after havmg made a survey of each highway and its boundal'ies,
prepare and ma1ntain a plan as approved by the competent authority
in respect of such highway

(2) A plan 1namta1ned uncle~· sub-sectJOn ( 1) shall show

dearly the boundartes of the htghway, the deta1led measurements
of road w1dths, the d1stance between boundary marks and ~uffic1ent
measurements from fixed points to enable the re-fi.,.ation tn position
ot boundary tnarks in case they have been d1splaced or tampe"red
with.

10. Demarcatzon ofhzghway boundanes -(1 ) The highway authority

shall have the boundaries of the highways 1n its charge demarcated
with refeJ ence to the plans maintained by 1t under sub-section (I) of
section 9, by planting stones or other suitable marks of a durable
nature at intervals all along the htghway 1n such a tnanncr that the
imaginat'y line JOtning such stones or marks shall show the 1 oad
boundary correctly.

(2) Where the. e a\ e bends or hnks in the 1 oad boundary,

the stone 0 1 ma1 ks shall be so located as to g1ve the <.or ·ect configura ..
tton of the boundary when they are Jomed by straight hncs

(3) The boundary stones or ma1 ks, which may be g1ven

consecutive numbel s, shall be maintained on the ground as tf they
conStitute pa1 t of the highway.

11. Annual check of hzghway boundaTLes.-It shall be the duty of

the highway autho.~ ity to conduct annual check of the boundaries
of the highway In its charge with a view to locate and remove of
encroachments, if any ·

CHAPTER IV

Prevention of unauthorised occupation of Highway

and Removal of Encroachments

12. Hzghway deemed to be Government property -Notwithstanding

anything contained in any other law for the tune being 1n fmcc all
lands forming pa,·t of a highway which has not already been vclited
in the Government shall, for the purpose of this chapter, be deemed
tO be Government property.
 122
13 Preuent?on of unauthortsed occupatzon of htghway.-No person
shall occupy or continue to occul'y anv htghway or part of a highway
for purposes other than traffic or do any act which involves any
I I
of the activities mentioned in clause (f) of iection 2.
I
14. Power to give dzrectwn to take certain measures.- ( 1) N otwi th •
standing anything contained 1n any other law 'for the time being in I
~-
force, where the highway autho1·1ty zs satisfied that any act which
involves any of the activities mention<"d in clause (f) of section 2 or
sub-section (I) of section 19 done by any person before the com-
mencement of this Act has caused or is likely to cause accumulation
of water in the highway of obstruction to the free flow of any water
course or other damage to the highway, the said authority may
direct such pe1 son in wnung to take such measures as may be
necessary to remove any obstruction octo p1ovide for free flow ofwater.

(2) Any petson who has been issued a direction under sub-
section (I) shall comply with 1t · within fifteen days from the date
of its receipt and such person, 1f fails to comply with the direction,
shall be deemed to have contravened the provisions of section 13 of
section 19, as the case may be.

15. Removal of encroachment-( 1) Where, as a result of the

annual check of h1ghway boundaries made under section 11 or
otherwise, the highway authority is satisfied that an encroachment
has taken place on the lughway under 1ts jurisdiction, it shall serve a
notice on the person responsible for the encroachment to remove
the encroachment withm such tJme as may be specified 1n the
notice and if the person fails to comply with the notice the highway
authority or the officer authorised by it in this behalf shall cause the
encroachment to be removed, with the assistance of police,· if
required.

(2) Whenever an encroachment is made for the purpose of

exposing articles for sale or for opening temporary booth for vend-
ing or publicity or for other like purpo3es, the highway authority
shall with the help of pohce, if n'!ce,sary, have such encroachment
summarily removed.

16. Recovery of cost of removal of encroachment -Whenever a high-

way authority or the officer authorised by it remove any encroach-
ment or carry out any protecttve work 1n respect of such encroach-
ment, the actu~l expen::hture Incutred for such removal or protective
work together with fifteen per cent of such amount as overhead charges,
shall be recovered from the person responsible for the encroach-
ment, in the manner ai may be prescribed. .
 123

CHAPTt.R v '

Prevention of Ribbon Development along Highways

and Control of Access

17. Standard width of hzghway.-The Govel'nment may, by notifi-

cation in the Gazette, specify the standa,·d width for each category
-~ of highway.

18. Buildmg lznes and control liTUJs.-(1) The competent

authonty shall detcrmme bu1lding hnc~ and control lines 1n respect
of any category of highway in such a way that the distance between the
middle of a highway and the bmld1ng hnc oi that between the build-
ing line and the conttol hne shall be fixed with due rcgatd to the
requirements ofsafcty and convemence oft1affic and offuture develop-
ment of the highway

Explanatlon.-For the purpose of th1~ sub-sectwn middle of a high·

way means, 1nrelation to any highway for the nnprovetnent of which
plans have been prepatcd by the htghway authonty, the m1ddle of
the highway as proposed to be improved 1n acco. dance with the plans,
and where no such plans have been p1 epai cd, the pomt half way
between the boundaries of the highway.

(2) The build1ng hnes and cont1 ol hnes as determined for any
category of highway or part thereof shall be pnhh'lhcd m the Gazette
and in two daily news papers by the competent a_uthonty

. 19. Reslrzctzon on use of land between the hzghway boundary and build-
ing lme - ( 1) Notwithstandtng anything conta1ncd in any other law
for the time being in force o: 1n any ag1 eement or other instrument,
no person shall,-
(a) construct, foim or lay out any means of access to or from
a highway, or a compound wall without a v.,rritten permissxon of the
highway authority, or
(b) e ector re·erect any butlding or mate.1ally altel' the out-
''"( side so·uctural features of any existing budding includ1ng any additions;
or
(c) alter the level of land by lowei1ng, 1 aising, digging or
filling up except with the WJ ttten permission of the highway authority; or
(d) .
constt·uct, fm•m or lay out any woL ks,
upon land lying in between the- boundary of a highway and the build ..
ing lines deteTmined in respect of that highway:
 I
124
Pt ~vided ~tat these 1 cst.llctton:; shall not apply to any wm k in
connectlon With the repa1r, ·renewal, enlargement or maintenance
or improvement of any sewer, d1ain, electnc line, p1pe, duct or other
apparatus, constructed m or upon the land before the date of com·
mencement of thts Act

(2) Vvhere any bu1ldmg or any part the. eof lies within the
area between the building Jme and the boundary of a highway, the
h1ghway author•ty may, whenever such budding or part thCl·eof .....__.__
is to be rebUilt for any reason, by notice requ1re that such buildmg
be set back to the bUtldmg hne

20. Restrzctzon on use if land betwee12 buzld:ng lme and control lzne.-
Notwlthstanding anydung contamed m any law fm· the ttme being in
force, no person shall, except with the prcvwus permJsswn in wr1ting
of the htghway autho\·ity , -
(a) erect or re-crect any bu1ldmg or structure or altet· the
level of land by lowenng, 1·aismg, digging or filhng up, or construct,
f01 m or lay out any means of access to a highway upon land lying in
between the butldmg Ime and the control hne, or
(b) make any change in the usc or puJ pose for which any
building, constructed upon land w between the building Jme and
the control hne, was ortginally mtended or auchonsed by the com~
petent authonLy '1""
21. Applzcatzon for permzsswn -( 1) Every person desui~g to
obtain the pel missiOn 1 efe, ~ ed to m sectwn 19 or section 20 shall
make an application 1n wz itmg to the highway authority m such form
wtth such information and togerhc. · wzth such fees as may be prescnbed,

' (Z) On rccetpt of an application under sub·sectwn (I) the

h 1ghway authonty shall, aftc1 makmg such enquiries as It ,may I

deem fit, by o1der m Wl'lting, either,- ~I

(a) g1ant perm1sswn, subject to such cond;twns, if any, as
may be speclfied in the order; or
•I I
) '
(b) refuse to g1 ant such permission:
1/
Provided that the h1ghway authoTity shall not ordmarily refuse y , )) ,I
permission fm the eJ ecuon of a bUildmg or structm e, or alteration
of level of land or a means of accesa;; to a highway which conforms
to the reqmrementc; of safety and convenience of u affic on the I
adjoimng h1ghwa y, O!' 1he 'e·erection of a bUtldmg or structure :I
wh1ch was m ext~tcnce on the date of commencemenLof this Act
.unless .such rc-crect10n mvolvc any mate1 ial alteratwn to the outside ~I
structpral features of the building or structure. ' J
I
I
I
I
I
 125
(3) Where the htghway authmtty refuses to grant permission
the reasons thcrefm shall be recoa ded and commumcated to the
apphcant.

(4) Whc_e an application fo!· pcrmtssion hac; been t·efused due

to any defect of the application, the applicant may submit a fresh
application to the h1ghway autho!lty rC"ctifying the defects and the
h1gh"'ay authonty shall constder the apphcat10n afJ esh and pass an
nrdec thereon.

(5) If after the exp1ration of a pedod of rwo months fi·om tlle

submission of applicatton unde1 sub~sect10n (I) or sub·se~tion (4),
no order in wnting has been passed by the htghway authm hy,
permission c;hall be deemed to have been gtanted as apphed fo ·:

Provided that no such permission shall be deemed to have been

granted 1f the application is fo1· the construction, fol mation o,· laying
out of any 1neans of access.
(6) The highway authodty shall maintatn a register containing
r;ufficient pa~"'ticula. . s of all perm1sstonc; granted or refused by it under
tlus sect1on and the cgtsle. shall be made avatlable for pe1 usal,
1

ftee of charge, by all persons Interested and c;uch persons shall be-
entitled to obtain extracts the. efrom on payment of such fees as
may be pl·esc. ibed.

(7) Any pet son aggneved by an Oide, of the highway authonty

uncle,· sub-sectwn (2) 01 sub-section (4) may w1thin tmrty days
from the date of 1 cce1pt of such otdet, prefc.,..,. an appeal to the
appellate authonty and the appellate au tho· 1ty shall take a dccis10n
. the1 eon and communicate the same to the appellant in writing
w1thm one month of the date of 1 eccipt of the appeal

(8) Any pusan aggneved by an o . :de1 of the appellate autho-

nty undr sub-section (7) may, w1thm thirty days faom lhe date
of 1 ecr1pt of such 01 dtt, p1 efe1 a revision befo~·e the Governmt.nt.

CHAPTER VI
Supplemental Provisions

22. Removal of structure whzch obstruct the mew or drstract the attentton
ofpersons usmg hzghway.-( I) Where a highway autho1 ity is of opinion
that it 1s nec\;sSal y fm lhe preventiOn of dange1 aris1ng fl om
obstruction of vtcw or dtstt"action o! attent1on of pt• son~ ustng a high-
way, espec1ally at any bend 01 co1 ncr of a h1ghway, the highway
3/334-18
 126
authority may serve nottce upon the owner 01 occupict ofl.ma
alongstde 01 at the bend 01 cornet of such highwa>' to <dtcr u•
remove altogethc.-, as the case may be, wttlnn ~uch ume and in
such manne1 a~ may be spectfied m the no rice. the stl. uctUI e, the
height Ot chat acte• of any existmg wall net bemg a wall fo1 ming
part of a pe1 manent stl uuu, e, fence, hedge, t,cc, advc ttsemcut
post, bill boa• d 01 any o. her obJeCl the eon, so as to elunmatc or l
~
mtmm1se Lhc .1pp• ehcnded danger II
(2) If any pc-son, upon whom a notice ha~ been set \-ed uncle• • "
I
11
sub-sectwn (1) objects to comply w1th any tequuement ofsuch nouce, 1
I
he may, wJthm fou, teen days of Its recetpt, sent to the highway \I
'
au[hOllt)' lus objeCtiOn 111 w11ting sta11ng the grounds thereof
(3) The htghway authollty shall, wtthtn fourteen days of
the 1 ecetpt of the obJeCtiOn, con:,tdet the g1 oLmd5 advanced and ~hall,
by 01 deJ m w; tttng, etthet wtthduiW the nottce o, amend o. confi11n 1t
(4) Any pe.son agg11eved by an ordei uncle, sub-secnon (3)
may p.efeJ an appeal wtthin seven days of the date of rccetpt of such
0• de• to the appellate au tho. 1ty whose deCJ'ilOll m the mattet shall be
final.
(5) If any pe son fath to comply wJth the notace ~e1 ved on
him under suh-s~ctwn ( 1) as amended o. confirmed undeJ sub-
'>CCtlon (3) 01 hnc:illy dcctdcd unde1 sub-~ectwn (4) the htghway
authority may, Without p1 ejud1ce to any othe1 ac..twn winch may be
taken agamst h1m, take actron to alte or , emove the object causing
obsu ucuon or d1st1 act10n of v1cw at Jts o.vn cxpen~e and such
expend1tux c togethe1 wlth fiftc~n pe, cent ove, head chaJ ge~ thCJ eon,
~hall be 1. ecove. cd from such pea·son 111 the rnannc1 a~ mav be
p1 escnbed.

23. Regulatw:r of traffic when hzghway zs deemed unsafe.-If at any

ttme 1t appem s to a htghway auth011ty that any htghway m us charge
01 any p01 twn the1 cof 1s, o, has b~cn 'end c. cd unsafe foJ vclucula,
o_ pcdest:ram tJ affic by 1 cason, of damage o. other wise, it may,
111 such manne. as may be p. esc rued, e1thc.- cJo~e the highway Ot
any po. twn the:eof to all n affic o,· to any dass of t1 affic, o, regulate
the cla~s, numbct and speed of vehicles usmg the highway y
24 Prohzbztzon of hea11y velucles on certazn hzghwayr, etc -Whet c the
htghway authonty IS satl~fied that the su face of any highway OJ' a
poJ tion thereof o any bndge, culve~·t or cau~cway built on o. acros~
any highway ts not destgned to ca••·y vcJucles of wh1ch the laden
weight cxceedli a ccrtam hmit, It may, m such manner as may be
pr escubed, prohtbll o.· rest:nct th~ plymg of such veh1cles on 01 over
such highway 01 part of lughway or such b1Idge, culvert o. causeway.
 127
25. Restrictwn of trajflC where htghi.lHl)' i r temporarily closed.-( 1)
\Vherc, m pu, suancc of clau'ies (c) and (d) of section B, c;ection 23
and c;cctwn 24, the highway au tho tty desires to close tempora1 ily
any high Nay or pa1 t of it to t. affic o · to , est ·tct o : egubte tra 'll.c
the. eon m any mann~r, It shall in w;itmg r~quest the authority
autho11sed to control traffic unde1 any law fo. the titne being tn
force to enfo1 cc such 1cst1 icuons o; 1egulauons in the said tnan'lec
(2) Whet e such a 1·eque~t ha~ been recetved fro-n a htghway
autho11ty, the au tha; Ity rete.. ed to undet· sub~c;ect•on (I) shari
take all necessary measw es to enfot ce the ~atd 1 est1 Jctwns or regulations
m accoTdance wt th the provic;wns of thts Act

26 Consent of hzghway authonly requzred to do ccrtazn ac!J on hzgh-

way -(1) Any pe1son or authority or ag~~ncy mtendmg to constt uct,
place, tnaintam or cat ry any Cd.ble, wtre, pipe, dram, sewer or
channel of any kmd tluough, actoss, along, under, m or ove1 any
htghway, shall obtain p1101 consent in wtttmg of the highway
authOJ Ity
The autho,•ty competent to give conc;ent uncle• sub~section
(2)
(1) shall be the htghway auth01ity and 1t ~hall ensusc that as far as
possible any such consn uctwn ts cat11ed out along the ext• erne
edge of the right of way and may impose such condttwns as Jt may
cons1der necessary and levy c;uch chat ges, as it may deem fit) for
any land fo. ming part of th~ h1ghway occupied by. or apphed to,
the proposed woJ k
(3) Whe. e any pet son construcb 01 ca1 r tcs out any wo. k In
contravention of ')Ub-section ( 1) or sub-section (2), the htghway
autho11ty may alfange f01 the" 1 cmoval of such wo1 k and res to, at10n
of the h1ghway to lt~ former condttion, in. acco1 dance WJth the prow
vtswns of secuon IS as If the wot k co,lstttutes an <'"ncroachment on
the highway and such expense as the h1ghway auth01Ity may mcut
for this pm pose, togethe1 with fifteen per cent ove1 head chat ges
thereon, shall, wlthoul preJudice to any other act10n that may be
taken agamst such per~on under th1~ Act, be 1 ecovet ed ft·om htm
tn such manner as may be prcscitbed

27. P1euentzon of damage to and repazr of hzghUJa)' -(I) No person

shall wdfully or negltgently cause or allow any vehicle or animal
1n h1s chat gc to cause any damage to any htghway

£\planation -Fm the pUt poscc; of tlus scctton habttual parkmg

of vehtclc fo1 1 cpan·s or fm any other pw pose, Jettmg animals
to g1 aze on h1ghway and keeping ammah and poultry to stay on the
h1ghway land shall be deemed to be acts C:lusmg damage to the
highway.
 128
(2) Where, in contravention ofsub-section (I), any damage
has been caused to any h1ghway, the highway authorIty shall have
the damage repatred and the expenses involved, together With fifteen
per cent vverhead charges, shall, Without P• eJUdJce to any othe1·
action that may be taken agamst the person responsible f01 the
contravention, be recovered fi·om h1m m such manner as may be
prescribed.
~-I
28 Acquisztton of land for hzghway -\\There any land is 1 equu ed
for the execution of a highway scheme 01 for 1 emoval of any cnct oach- I
'
I
I
ment OJ for any pUl pose of this Act, the highway authoJ ny may
acqmre such land, by fi ee su1 rendeJ by the owner of such land Ol'
by purchase by negotiatiOn aftc1 followmg such p1ocedure as may
be P' escrJ bed or by acqmsitiOn under the prov1s1ons of
the Land AcquisitiOn Act, 1894 (Central Act l of 1894)
. •
29. Appltcatwn of certam promszons to lands adjacent to the natzonal
hzghways -It shall be lawful for he competent autho11ty to detc1 mme
a budding hne and a control line outs1de the 11ght of way of a
nat1onal highway m the mann<"l as may be P' c~c1 ibed and the pt o-
vistons contained m sections 6, 18, 19, 20, 21, 22, 31 and 35 of the
Act shall mutatzs mutandl'i apply to the land lymg outsidt" the ught of
way and wsthm the control hne of the nat10nal highway.

CHAPTER VII
Offences, Penalties and Procedure
{
l
30. General promston for pumsbment of offences -Whoevc'l' contl a- i<
venes any pt·ovision of th1s Act OJ the ,..ules made thc1 eunde. shall, I
if no othe1 penalty ts p10VIded for the offence, on conv1ction, be I
l
)
punishable with fine wluch may extend to five hundet d 1upees 01
1f having been previously convicted for the same offence, with fine I l
I
which may extend to two thouc;and rupees {
!
I
31. Dzsohedunce of orders, ohstructzon and rcfu ml of mformatzon -
Whoever wilfulJy disobeys any drrecnon lawfulJy gtven by any person I
or autho1 1ty empowet·ed under this Act to g1ve "uch drrection or y
obsn ucts any functions that such pe.·c;on 01 authottty JS requucd or
empowe~·ed under this Act, to discharge, 01 bemg 1 cquired by
or .unde1 this Act, to supply any jnformatwn whxch he i~uls or
supphes any mformat10n which he knows to be false or wh1ch he does
not beheve to be true, shall, 1f no other penalty 1s prov1ded for the
offence) on conv1ction be pumshablc wtth fine wh1ch may
extend to two thousand rupees.
 129
32. Penalty on contraventzon of restrictzon relating to layzng of means of
access or erecting an)' bwldzng, etc.-( 1) Whoever constructs or
lay out any means of access or e1ects o, re-erects any building or
stt uctUl e or doeli any other WO! k in conn avention of the provisions
of su b-sectwn (I) of section 19 or su b-secuon ( 1) of secuon 20 shall,
on convictiOn, be pumo;hable With fine which may extend to five
thousand rupees
--Y
(2) In the case of a continumg offence a fine up to one thousand
1 upees may be Imposed for each day fm wh1ch the offence contmues.

33 Penalty for encroachment -Whoever occupies or encroaches

on any highway land 1n contt·avention of the proviSions of section
13 shall, on convictwn, be hable to pay a fine which may extend
to two thousand and five hund1 ed rupees fot the first offence, and
further fine which may e"Xtend to a lumpsum penalty of five thousand
rupees plus a daily levy not exceed1ng five hundred rupees for each
dav fo: wh1ch the offence contmues
I
,

34. Penalty for causmg damage to hzghwa)' -WhocvCl wilfully

cause<; or allows vehicle 01 animal m his cha1ge to cau:5e any d~mage
to any highway ~hall, on convictiOn, be pumshable with fine which
may extend to ten thousand rupee~

35 Power to compou1zd o.ffenccs.-The highway authority may,

c1the1 befo. c Ot after the mstituuon of the p. ocecdtngs, compound
an offence against any p:ov1s10n of thts Act or the rules made thc1 eundea
1n the manner as may be presc• ibcd.

CHAPTER VIII
Miscellaneous

36. · Power to make rules.-( 1) The Government may, by nottfi ~

catiOn In the Ga1ette, make 1 ules f01 ca-·, ying out all or any of the
purposes of th1s Act

(2) In pa, t1cula ·, and wtthout p:·cjudice to the generality

of the forcgmng power, <;uch 'i·ules may provide for all or any of the
follo"' mg matter~, namely -
(a) the pre pat a tiOn or schemes fm· the development of new
highways o · improvement or repa1r of e>..istmg highways;
(b) the standards that have to be followed 1n grantmg per-
mission for access to highway;
 130

(c) the form of applicatwn for use ofland between building

line and cont.ol hnc and the fee to be pa1d 1n tespect thereof;
(d) the prevention of obsn uct10n of v1ew 01 distraction of
attention of pezsons usmg highway, and of annoyance, dangc1 01
inJury to the pubhc;
(e) the prope• mamtenance ofbounda1 y ma•·ks demarcatmg
highway boundanes; ~ ·'
I j

(f) the p1 eventwn of obstruct10n, enct oachment and nuisances

on 01 ncar htghway and 01 damage to htghwdy;
(g) the f01 m of apphcat1on • eqUired to be made and the
fo1 m of notice and the bills 1 eq u1· ed to be set ved on pe, liOn~, the
cha,..ges to be made fo,... the supply of coptes of plans 01 cxu acts and the
rent o~· fee or other cha, ges to be 1m posed m levted unde1 the prov1s10ns I I
of thts Act, I
(h) the gene1·al gutdance of the highway autho11ty m the
d1schargc of 1ts functions unde1 th1s Act,
I
(1) the constructwn or laymg of pubhc uuhty lmes along
I
or across the htghway,
(J) any other matter wh1ch IS to be, or may be prescnbed
(3)Eve1 y rule made uncle. tlus Act shall be latd, as soon a~
may be ctftcr It IS made, befote the Legislative Assembly, whtlc
H 1s m ~esswn, for a total pe~·iod offouftcen days whtch may be com~
P• t~ed m one session 01 m two successive sessiOns, and tf, before
the e"'pu y of the sessiOn 1n wh1ch 1t 1s so latd or the se'isiOn Immedia- I I
tely following, the LegtslatlVe Assembly makes any modifica t10n I I
m the rule 01' dectdes that the 1 ules should not be made, t.he rule I

shall thereafter have effect only 111 such modrfied form o. be of no

eftect, as the case may be, so, howevet, that any such modli1catl0n
oa annulment shall be Without ptCJUdlce to the vahdity of any-
thmg prev10usly done under that rule.

37. Constztutwn of appellate authortty -( l) The Government may,

by notification m the Gazette, consutute as many appellate authorities
as may be necessa, y for the purpose of this Act.
(2) The Government may, by notificatiOn In the Gazette,
authotise any office1 noc below the rank of Supea mtcndmg Engmect
in the Pubhc Wo, ks De pat tmen t to exe1 ctse the powe, s of the appellate
authority m such a1 cas as may be specified therem

38 Servzce of rzolLce.-( l) Every notJce undet this Act ~hall be

served or prcsen ted,-
 131
(a) by d~ll\ ermg 01 tendenng it or sendmg It by regigtered
post to the pc1 son to \·\'hom It 1s add1 essed ot to h1s agent; 01
(b) if~uch pe1son 01 hts agent io; not found, then by leaving
1tat Ius usual or last kno\·vn place of abode or by delivcung or tendc1-
mg 1t to some adult membet of his family or by causmg Jt to be
fixed on some conspicuous pa1 t of the bulldmg or land, 1f any, to
wh1ch it 1elates.

(2) If the person to whom a·notice is to be seJ ved IS a minor

se1 VICe upon h1s guardian or upon an adult membe1 01 se1 vant of his
family shall be deemed to be servtce upon the minor

39 Poll/er to delegate -The highway authm lty may, with the

p1 evtous approval of Government, by notification in the Ga~ettc,
delegate any of 1ts powers 01 duties undeJ clause'~ (c) and (d) o1
sectiOn 8 01 section~ II , 22, 23, 24 o.,. 25 of this Act to any officer
or authonty submdmate to 1t, subject to such conditiOns, if any, as
may be spec1fied 1n such notification.

40. Persons deemed to be publzc servants.-All persons actmg by tPC

authonty of the Government OJ of any highway aut hOI lty while exc1-
c1smg then powe1 s and performmg thelf dulles and functiOns under
tlus Act ol the rules made the1 eunder shall be deemed to be pubhe
se1 vants · w1thtn the meanmg of sectiOn 2 L of the Indian Penal Code,
1860 (Centta!Act 45 ofl860).
41 Protectwn of actzon taken m good fazth.-No suit, p1osecut10n ,
or other legal p1 occedmgs shall he agamst the Government or any
auth011ty or any person for anything which 1s xn good faith done
or Intended to be done under 01 in pm sua nee of this Act 01· 1 ules
made the1 eunde~

42 Ojjences b)' compames -(I) Whet e the person commtttmg any

offence under th1c; Act IS a company, the company as well as cve1 y
person who 1s 111 charge of, and responsible to the company for the
conduct of 1t!> busmcss at the ume of the commission of the offence
shall be deemed to be gmlty of the offence and shall be hablc to be
proceeded agamst and punished accot dmgly.
P1ovided that nothmg contained m the sub-sectiOn shall lender
any such pe1Son hable to any pumshment, if he proves that the offence
was comm1tted without h1s knowledge 01 that he had cxe1 c1sed all
due diligence to prevent the commission of such offence.
(2) Notwahstandmg anything con tamed in sub-sectiOn ( 1),
whCic any offence under thlS Act has been committed by a company,
and it is proved that the offence has been committed w1th the consent
1

132
or connivance of, or that the commtsston of the offence is a ttl ibut-
able to any neglect on the pa. t of any director, manager, sec, eta; y
or other offi.cet of the compa.1y, such dir.:!ctor, manager, sectetary
or other officer shall be deemed to be gudty of that offence and shall
be hable to be proceeded against and punished accordmgly

Explanation -For the purpose of thts sectwn,-

~.
(a) 'Company' means any body corporate and mcludes a
firm o, othe·· organisation or association of pelsons or a co-operative
society
(b) 'dtrector' in relatwn to a fi, m, means a pat·tnet· in the fb m.

43 Cogmzance of offences.-No COUJ. t shall take cogmzance of

any offence pumshable uncle-.· thts Act except on a repm t m w 1ting
of the facts constttutmg such offence made by a highway authonty
o.· any othe.. office..· au tho 1sed by the Gove.. nment 1n thts behalf

44. Pobce officers to asszst hzghway authorztzes -Eve ·y police officer

shall fo, thwith futmsh mfo, matwn to the nearest htghway authonty,
ol· to the nearest officer subo, d.inate to the highway autho,·tty, of
any offence corning to hts knowledge whtch has been commttted
agamst this Act O• the rules made thereunde. and shall be bound to
assist the highway authonty and Its office1 s and servants m the exe,·ctse ~
of theu lawful authority.

45 Dutzes of Vzllage oificzals to report to lzzghway a~tllzorzty -Eve1 y

Village Officer, VIllage Asststant or other VIllage officlal by whatever
name called, shall forthw1th mform the neatest pohce sracwn or the
nearest htghway authonty whenever he becomes aware that any
survey marks showmg the building hne or control hne determined
1n 1 espect of a lugh,..vay has been destroyed, damaged, removed
dtsplaced or other·w1se tampered with or that any damage to any
h1ghway or encroachment on any highway land has been made
;
46 Power to utilzse hzghway land for purposes other than road purpose.-
The highway authofity may utthse temporanly, for purposes,
other than road purposes, the land formmg part of a h1ghway
which IS not Lmmedtatcly reqmred for the purposes of traffic 1n such
manner as may be prescnbed.

4 7. Sauzng as regards land under the control of Central Govemment.-

Nothmg 1n th1s Act shall apply to lands vested m or under the conrtol
of Central Government or to any area falling within the hm1ts of a
Cantonment Board, Major Port Trust oa· other authority undet· the
adminiso ative control of the Central Government.
 ..
125
(3) Where the htghway authm ity refuses to grant permission
the reasons the, efo.· shall be reco, ded and communtcated · to the
apphcant

(4) Whc.e an apphcatwn fot pet missiOn has been t•efuse9 due
to any defect of the application, the applicant may-submit a fr-esh
apphcation to the h1ghway authonty !Cctlfymg the defects and the
-~ htghway authonty shall constder the apphcatton a£ esh and. pass an
nrder thereon

(5) If after thc·expiratiOn of a pe, iod of rwo months fi·om!the

submtsswn of apphcat1on undei' sub-sect10n (1) 01 ·sub-sct.:tion (4),
no order in wntmg has been passed by the highway authOl·ily,
permtssion C)hall be deemed to have been granted as apphed for:

Provided that no such pe1 mission shall be deeme(f to have been

granted if chc apphcatwn ts for the construct10n, for·mation 0\: laymg
out of any 1nean~ of access.

(6) The highway authority shall maintain a registe~" contain.ing

sufficient pa,.llcu)ars of all permissiOns granted or refused by it und~
tlus sect JOn and the 1 cgi~~~..e. shall be made available for pe1 usa I,
flee Of charge, by all persons Interested and SUCh persons shall be
entitled to obta1n extcacts t.he1 efrom on payment of such ·fees Jas
r, may be ptesc; 1bed.

(7) Any petson aggneved by an Oi derofthe h1ghway authority

under ·sub-section (2) o, sub-section (4) may within durty days
fr01n the date of ( ece1pt of such o.·del, ·P• efcr an appeal•to the
appellate authonty and the appellate auth0•1ty shall take a•d.eciston
thcJ eon and commumcate the ~arne to the appellant in ·wnting
wlthm one month of the date ofteceipt of the appeal.

(8) Any pc.·son aggt 1cved by an o'-·deL of the appellate auLho-

nty uncle sub-sect10n (7) may, W1th1n thirty days from the date
of 1 ece-tpt of such 01 dcr, P• efeJ a rcvtsion befo.·e the Governmtnt.

CHAPTER VI
SupplemeDtal ProvisioDs

22. Remoual of structure whtch obstruct the urew or dzstract the attentcon
ofpersons uszng htghway.-( 1) Where a h1ghway authouty is of opinion
that it 1s nec~ssa) y fm· the p revention of dange' at1S1ng fi·om
obstruct10n of v1ew or d1st. actlon of attent10n of ptl son~ us1ng a high-
way, espec1ally at any bend o. co. ner of a 1ughway, the h1ghway
.
3/334-18
1

126
autholity may sel'vc notice upon the owner 01 occupu·t of l.uan
alongside 01 at the bend 01 co.-ncr of such h1ghway to alter o.
remove altogethct, as the case may be, ,,·uhm ~uch ume and 111
such mannet a~ may be c;peClficd 10 the nonce, the stt uctUte, the
height or chat actet of any existing wall not bemg a wall fot ming I
part of a pelinanent so uctw e, fence, hedge, t. cc, adve t1sement I
I
post, btll board o;. any o. he1 objecL the. eon, c;o ac; to clumnatc 01
miP1mise the ciPP' ehended danget. ~-llI

(2) If any person, upon whom a noltce has been 'iCL vcd uncle•
sub-sect10n ( l) objects to comply with any requu ement of such notice,
he may, wtthm fou. teen days of Its recetpt, sent to the h1ghway
aulhOI Hy htc; objcctwn m '•Vlttmg starmg the ground~ thereof I
I
(3) The highway autho.tty shall, wtthm fottJ'teen days of
the 1 cce1pt of the objeCtion, con~rde1 the g, onnd;; advanced and shall,
by 01 deJ m Wlttmg, erthet w1thd1 aw the nouce o. amend OJ confi1 m 1t
( 4) Any pe, son aggncved by an 01 del uncle s u b-sect10n ( 3)
l:l
may p. efc.l an appeal wtthm c;evcn days of the date of ,·cceipt of such
I
01 dct to the appellate autha1 tty whose dccJston m the matter shall be
final.
(5) 1fan) pe) son fall~ to comply w1th the notice sc1 ved on
him undet suh-sectton ( 1) as amended OJ confirmed uncle, sub-
ji
I

~ectwn (3) or finally dectdcd unde. sub-<>c<.twn (4) the h1ghway

iI
authority may, wtthout p,ejudtc<' to any othe1 action wh1ch may be
taken agamc;t htm, take actwn to alte. or 1 emove the object causmg
obsb uct10n or r.lt-.tJ.l.Ctaon of vtcw at Jts own expense and such il
cxpend1tu1 r togethe1 wtth fifteen pe, ce•lt oves h~. . ad cha.. gt>~ the1 eon,
shall be 1 ecove. cd from such pet son m the manneJ as may be
p1 e~cnbed

23 Regulatwn of traffic when hzghway zs deemed unsafe -If at any

time 1t appea1s to a htghway autho11ty that any highway tn Its charge
Ol any pm tion thet cof ts, o. ha!:l been len de. cd unsafe for vchtculat
o. pedeso·am tJ affic by 1 cason, of damage o, othct wtse, 1t may,
m !:luch manne. as may be p. c~c. tbed, etthc~· dose the htghway o,
any po1 t10n the. eof to all ta affic Os' to any class of traffic, o, 1 cgulate
the clac;s, numbe, and speed of vehidcs usmg the lughway
y '/
24 Prohzhztwn of heavy vehzcles on certazn hzghways, etc --Whet e the
htghway authonty IS satisfied that the su face of any lughway ot· a
p01 t!on thereof OJ any b1tdge, culve t or causeway built on 01 across
any highway 1s not destgncd to ca1 ry velucles of wh1ch the laden
wetght exceeds a ccrtam limit, 1t may, m such manne1 as may be
pt CSCl1bed, prohtbtt o. restrict th~ plymg of such vehtcles on 01 over
such highway or pat t ofh1ghway or such bltdge, culvert o, causeway
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25. Rcstrictzon of traffic wlzere lughwa)' is tcm.hornrrly closed -( 1)
Whe1 c, m pu. ~ uance of cia uc;es (c) and (d) of section 8, section 23
and sectton 24, the htghway autho Hy d~sircs to close temporarily
any htgh way o, pa. t of 1t to t. alfic o to ·est ict o · 1 egulate traffic
the,·eon m any manner, it shall In w&ttmg request the authority
auth01 ised to control traffic under any law fo. the time bcmg in
fm ce to enforce such I estrictions o. 1 egulauons in the said m1nner.
(2) Where such a 1 eque')t has been rccexved fro·n a htghway
authonty, the au tho, itv 1 efc ·, ed to under sub-section (I) shall
take all n~cessa1 y measm es to cnfot ce the said 1 est1 ictions or regulations
m accordance with the provision~ of this Act

26 Conse11t of hzghwoy authortfJ' requzred to do ccrlam actJ on hzgh·

way-( I) Any person o. autho1 ity or agi~ncy mtcndmg to conc;t•·uct,
place, mamtam or ca1 ry any cable, wi• c, pipe, d1 ain, sewer or
channel of any kmd through, aero~~, along, under, 1n 01 ovc1 any
highway, shall obtazn pnm consent in w1 itmg of the highway
authority
(2) The authmtty competent to g1ve consent under sub-sectiOn
( l) shall be the htghway authm Hy and Jt c;hall ensure that as fat ac;
possible any such con~tt ucuon IS earned out along the ext1 erne
edge of the nght of way and may impose such conditions as It may
constdet necessary and levy such charges, as It may deem fit, for
any land fo ·mmg pat t of the highway occupted by. 01 applied to,
the p1oposed wm k
(3) Whe.e any pet~on con~tructs 01 caliH..S out any wo~k in
cont1 avention of sub-section ( 1) or sub-sectiOn (2), the htghway
authority may a1 'ange f01 the 1emoval of such wo1 k and rest01 at10n
of the h1ghway to it<> fot me1 cond1t10n, 1n acc01 dance with the pro-
VISions of sect10n 15 as 1f the wo1 k constitute~ an cnct oachment on
the highway and such e'<pcnse as the htghway authonty may Incul'
\ for th1s purpose, togethet with fifteen pet cent ove1 head chat ges
thet con, shall, wtthout p1 ejudace to any othe1 actton that may be
taken against such pc1 son under th1s Act, be 1 ecovet ed ft om htm
m such manner as may be ptcscttbed

27. P1evcntwn of damage to and repazr of hzghw'a)' -(1) No pet son

shall wilfully or neghgently cause 0r allow any vehtcle ot· animal
in his chat ge to cause any damage to any htghway.

Explanatwn -Fm the pm pose'\ of tlus section hab1tual parkmg

ot veh1cle for t cpan s or for any other pUI pose, lcttmg ammals
to gt·aze on htghway and keepmg animals and poultry to stay on the
highway land shall be deemed to be acts causmg damage to the
h1ghway.
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(2) Where, in contravention ofsub-section (1), any damage
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has been· caused to any highway, the h1ghway auth011ty shall have
the damage repaired and the expensts involved, together with fifteen
per cent 0verhead charges, shall, wtthout preJudice to any other
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action· that may be taken against the person 1 espons1ble fo1 the )
contravention, be recovered from him m such manner as may be
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prescribed. I

28. Acquisztzon of land for hzghway -Where any land is 1 equired

for the execution of a h1ghway scheme 01 for 1 emoval of any enc1 oach-
ment Ol for any pw pose of thts Act, the htghway auth01ny may
acquire such land, by free surrcnde! by the owne1 of such land m·
by pm chase by negql1at1on afte~· followmg such p1 ocedure ac; may
be p..t"escll bed or by acqmsttion undet the pt oviswns of
the Land Acquisition Act, 1894 (Central Act 1 of 1894)

29. Applzcatzon of certazn provzszons to latZds adjacent to the natzonal

hzghways -It shall be lawful for he competent authouty to dcte)·mme
a budding hne and a contl ol hne outstde the nght of way of a
national htghway m the manne. as may be prescribed and the p1 o-
vi.stons contained m sectiOns 6, 18, 19, 20, 21, 22, 31 and 35 of the
Act~shall mutatz.s mutandz.s apply to the land lymg outside' the 11ght of
way and widun: the control hne of the natwnal highway.

CHAPTER VII II
Offences, Penalties c and. Procedure
!
30:. General provrszon for punz.shment of offences -Whoever conb a-
venes any p1·ovision of this Act or the rules made thel t"undei shall,
if no. othe1 penalty 1s ptovJded for the offence, on con v1ction, be
punishable w1th fine wluch may extend to five hundel d 1 upces or
it havtng been previously convicted for the same offence, wuh fine
wh1ch may extend to two thou~and 1 upee's

31. Dz.sobed1ence of orders, obstructzmz and refuwl of mformatzon.-

Whoever wilful1y disobeys any dn ect10n lawfuiJy gtvrn by any person ~~
or ,authodty empowe1 ed under this Act to gtve ~uch direction or 1

obst1 ucts any functwns that such pc.·c;on Oi au tho. tty JS requucd or
empowe~·ed under this Act, to discharge, or being required by
O\'runde1 thjs Act, to supply any infm mation whtch he fatls or
supplies any, InformatiOn wh1ch he knows to be false or which he does
noti beheve to be true, shall, 1f no other penalty 1~ provtded for the
offence, onJ convictwn, be pumshablc wtth fine whtch may
extend to two thousand rupees
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32 Penalty on contravention of restnctzon relatzng to laying of means of
access o' erecftng any buzldzng, etc.-( 1) Whoever. constructs or.
lay out any means of access or e.ects o, re-e,·ects any buLldmg or
c;u uctUJ e or does any othet work 1n contra vcntlon of the prov1sions
of su b-sectwn (I) of sect ion 19 or su b-secuon ( 1) . of seet10n 20 shall,
on conviction, be punishable with fine which may. extend to five,
thousand rupees

(2) In the case of a contlnmng offence a fine upto one thousand

t upee~ may be imposed fo1 each day fo. which the offence continues.

33 Penalty for encroachment -Whoever occup1es or encroaches

on any highway land In contravention of the prov1S10ns of ~ection
13 shall, on convict10n, be habl~ to pay a fine whtch may extend
to two thousand and five hundt eel rupees fot the first offence, and
fm ther fine whtch may extend to a lumpsum penalty of five thousand
rupees plus a daily levy not exccedmg five hundred rupees for each
day fm which the offence contmucs.

34. Penalty for caurzng damage to hzgltway -Whoever wilfully

causes or allows vehtcle 01 antmal m h1s chaa ge to cause any damage
to any h1ghway shall, on convictiOn, be pum!)hablc with fine which·
may extend to ten thous~tnd 1 upec'i.

35 Power to compound ojfenas.-Thc highway authority may,

etthe•· befo.·c o, after the mstitutJon of the p. oceechngs, compound
an offence aga1nst any p:ov1s1on o( th1s Act or the, ulcs made thereunder
1n the manner as may be prescdbed.

Miscellaneous

36 Power to make rules -(1) The GoveJ nmcnt may, by notJfi·

catton in the Gazette, make • ulcs for ca~ 1 ymg out all or any of the
purposes of th1s Act.

(2) In pa1 t1cula ·, and wtthout p1 CJUdrrc to the generality

of the foregomg power, such 1·ules may provide for all or any of the
foliO\-\· ing matters, namely -
(a)the p.-epm a tion of 5chemes fo: the clevelopmen t of new
htghways o: Improvement 01 repatr of e>.Istmg highways;
(b) the ~tandards that have to be followed 1n gt anting per-
mission for access to h1ghway,
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(c) the form of application for use of land between buildmg
line and cont\ol hne and the fee to be patd m 1 espect thereof,
(d) the prevention of obsn uctwn of view m distJ action of
attention of pet sons usmg highway, and of annoyance, danget 01
InJu, y to the public;
(e) the ptopet mamtenance ofbounda1 y marks demarcating
htghway boundaries, 1
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(f) the p1 cventwn of obstr uctwn, encroachment and nuisances
on o1· near highway and 01 damage to highway,
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(g) the form of application 1 equued to be made and the
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fm m of not1cc and the bills 1 equl' ed to be set ved on pe. sons, the
cha:-ges to b<.: made fo, the supply of copies of plans 01 exu act~ and the
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rent m· i<'e 01 othc1 cha.·ges to be llnposed o· levied under the p1 Oviswns
of thts Act,
(h) the general guidance of the highway authority 1n the
dischat ge of its functwns under th1s Act;
(t) the constructiOn 01 laymg of public utility hnes along
or ac1 oss the htghway,
(J) any other matte1 which 1s to be, or may be ptescnbed.

(3) Eve\ y rule made uncle: th1s Act shall be la1d, as ~oon as
may be <tftcr 1t 1s made, befo. c the Legislative Assembly, wlulc
1t • ., 1n sesswn, fm a total peuod offourteen day~ which may be com-
P• bed m one sesswn or m two successive sessions, and 1f, before
the exptry of the scss1on 1n which 1t 1s so laid or the sesswn Immedta-
tely followmg, the Lcgtslative Assembly makes any modlficatwn
m the rule o!' dectdes that the 1 ules should not be made, the rule
shall thereaftet have effect only m c;uch modtfied form or be of no
effect, as the case may be, so. howeve., 1hat any such modificatiOn
oc annulment shall be wtthout preJudice to the vahdtty of any-
thmg p1 evwusly done under that rule.

37. Constztutzon nf appellate authorzty -( l) The Government may,

by notification tn the Gazette, consutute as many appellate auth01·it1cs
as may be nccessa1 y foe the purpose of this Act
(2) The Government rna}', by nouficat10n 1n the GaL:ette,
authonse any officer not below the rank of Supe1mtcnding Engmeer
1n the Pubhc W01 ks Department to exe1 c1se the powe.-s of the appellate
autho11ty m such at eas as may be specified the rem.

38. Servzce of nottce.-( 1) Every not1ce unde1· th1s Act shall be

served or presented,-
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(a) by dehvermg 01 tendermg It ot sending tt by rcgistet ed
post to the pe1 son to "'born It IS addressed ot to hts agent; ot
(b) 1fsnch pet son or h1s agent ts not found, then by leavm~
1t ,tt h1c; usual 01 last knov. n place of abodr or by dehvet ing or tcndc1 ~
Ing It 10 some adult membet of his family 01 by causmg It to be
fixed on some conspicuous pcu t of the bulldmg or land, 1f any, to
which It 1 elates.

(2) If the pet son to whom a notice IS to be se1 ved 1s a minot

sel VICe upon his guardtan or upon an adult member or sc1 vant of his
family shall be deemed to be sc1 v1ce upon the minor

39. Power to delegate.-Thc highway authOIIty may, with the

p, ev1ous approval of Government, by not1ficatton in the Ga.lcttc,
delegate any of Its powcts 01 duties under clause\ (c) and (d) of
sectiOn 8 or scct10ns 11, 22, 23, 24 O"' 25 of this Act to any officer
or authonty subordtnate to 1t, subject to such cond1t1ons, 1f any, as
may be specified 1n such not1ficat10n

40 Persons deemed to be publzc servants -All pe1 sons actmg by the

authonty of the Government Ot of any h1ghway authm ity while eXCI·
ctsmg theu powc1 s and pet formmg their duties and functwns under
th1s A<..t o, the 1 ules made the1 eunder shall be deemed to be pubhe
set vants wttlun the mcanmg of section 21 of the Indian Penal Code,
1860 (Centtal Act 45 of 1860).

41. Protectzon of actzon take1l zn good fazth.-No ~uit, prosecution

or othe1· legal proceedmgs shall he agamst the Government 01 any
authonty 01 any petson for anythmg wluch is in good faith done
01 1ntendcd to be done under OJ in pursuance of th1s Act or rules
made thereunder

42. OffinceJ h)' compames -(I) Where the pe1son commtttmg any
offence under thts Act ts a company, the company as well as every
person who ts m cha1 ge of, and 1 cspons1ble to the company for the
conduct of Its bustness al the time of the commission of the offence
shall be deemed to be gmlty of the offence and shall be liable to be
proceeded agamst and punished accm dt?gly

Pt ovided that noth1ng contained in the sub-section shall 1 cnder

any such pet son hable to any pumshmcnt, 1f he p1 oves that the offence
was committed Without hts knowledge 01 that he had exercised all
due dthgence to ptevent the commission of such offence.
(2) t\otwithstanding anything contained m sub-secuon ( 1),
whe1 e any offence undc1 thiS Act has been committed by a company,
and it 1s proved that the offence has been committed with the consent
 I I
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132
or connivance of, m· that the commissiOn of the offence is a to ibut-
1

able to any neglect on the pa, t of any du·ect01·, manage1·, 'iec!·etai y

or othe1· officet of the compa,1y, such director, manager, secretary
or other officer shall be deemed to be gmlty of that offence and shall
be hable to be proceedf>d against and pumshed accordmgly.
Explanatzon -Fo.t the purpose of this sectlOn,-
(a) 'Company' means any body corporate and Includes a
firm ·o, othc · Ol gamsation or assoc1at10n of pe.·sons or a co-operative
society
(b) 'di1·ector' !n relation to a fi&m, means a partner m the fit m.

43. Cogmzance of offences.-No cou" t shall take cognizance of

any offence pumshable uncle-~· tlus Act except on a repo~·t m WJ 1ting
of the facts const1tut1ng such offence made by a htghway authonty
O!' any othCJ office. au tho 1scd by the Gove. nment 1n tlus behalf.

44. Polzce o.fficen to asszst hzghway authoritus -Eve ·y police officer '
\
ihall 1fo1 thwith furmsh mfo, mat10n to the nea1 est highway authority,
OL to the nearest officer suboldmate to the htghway au tho~ ity, of
any offence commg to hts knowledge wluch has been committed
against thts Acto: the rules made the, eunde. and shall be bound to
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ass1st the h1ghway authonty and 1ts officers and servants m the exetctse

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of their lawful authority.

45 Dutus of V ttlage officzals to report to hzghway autlzorzty -Every

Vtllage Officer, Village Assistant or other village official by whatever !
name called, shall forthwtth inform the neatest pohce station or the II
nearest highway authority whenever he becomes aware that any h
survey marks showing the buildmg line or control line determined
1n tespect of a hzghway has been destroyed, damaged, removed
dzsplaced or otherwtse tampered wtth or that any damage to any
highway or encroachment on any highway land has been made.
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46 Power to utzlzse hzghway land for purposes other than road purpose.- : II
The highway authonty may utthse temporarily, for purposes, ! I
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other than road purposec;, .the land formmg part of a lughway I fi

which is not 1mmed1ately requu ed for the purposes of traffic In such

manner as may be •prescribed
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'4 7. Savzng as regards land under the control of Central Government.-
1
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Nothmg 1n th1s Act shall apply to lands vested m or under the conrtol I
of Central Government or to any at ca falhng Within the hmltS of a I
Cantonment Board, MaJOr Port Trust o. other author•tv under the
adminiso·atlvc control of the Central Government.
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48. Mode of ncovery of sumr payable to highway authority.-Any
sum payable to the highway auth01ity under this Act shall, with6lut
prejudice to any other mode of recovery, be recoverable on behalf
of the highway authority as an arrear of public revenue due on land.

49. Repeal and ~·aving. - ( 1) The Kerala Highway Protee Lion

-.JJ~r' 01 dinance, 1999 (6 of 1999), is he.~·e-by repealed.
(2) Notwithstandtng such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been deae
or taken under this Act.

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3{334-19