The National Highway Authority of India Act, 1988.

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THE NATIONAL HIGHWAYS AUTHORITY
OF INDIA ACT, 1988

(68 OF 1988)

GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988

(68 OF 1988)

ERRATA

Page 4 – In section 12, in sub-section (2), in line 3, for “disputes” , read “dispute”.

Page 5- In section 16, in sub-section (2), in clause (k), in line 2, for “the the National Highways”, read “the
National Highways”.

Page 8 – In section 30, in clause (d), for “works”, read “work”.

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY
SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA

3. Constitution of the Authority.
4. Term of office and conditions of service of members.
4. Disqualifications for appointment as member.
5. Eligibility of member for reappointment.
6. Meetings.
7. Vacancy in the Authority not to invalidate proceedings.
8. Appointment of officers, consultants and other employees of the Authority.
9. Authority to act on business principles.

CHAPTER III

PROPERTY AND CONTRACTS

11. Power of the Central Government to vest or entru st any national highway in the
Authority.
12. Transfer of assets and liabilities of the Central Government to the Authority.
13. Compulsory acquisition of land for the Authority.
14. Contracts by the Authority.
15. Mode of executing contracts on behalf the Authority.

ARRANGEMENT OF SECTIONS

CHAPTER IV

FUNCTIONS OF THE AUTHORITY

SECTIONS

16. Functions of the Authority.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

17. Grants and loans by the Central Government.
18. Fund of the Authority.
19. Budget.
20. Investment of funds.
21. Borrowing powers of the Authority.
22. Annual report.
23. Accounts and audit.
24. Annual report and auditor’s report to be laid before Parliament.

CHAPTER V

MISCELLANEOUS

25. Delegation of powers.
26. Authentication of orders and other instruments of the Authority.
27. Employees of the Authority to be public servants.
28. Protection of action taken in good faith.
29. Power of the Authority to undertake certain works.
30. Power to enter.
31. Power of the Central Government to temporarily dive st the Authority of the management
of any national highway.
32. Power of the Central Government to supersede the Authority.
33. Power of the Central Government to issue directions.
34. Power of the Central Government to make rules.
35. Power of the Central Government to regulations.
36. Power to remove difficulties.
37. Rules and regulations to be laid before Parliament.

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988
(No.68 OF 1988)

>
16 th December, 1988 @

An Act to provide for the constitution of an Authority for the development,
maintenance and management of national highways and for matters
connected therewith or incidental thereto.

Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:

CHAPTER I

PRELIMINARY

1. (1) this Act may be called the National Highways Authorit y Short title,
of India Act,1988. ext ent and
(2) It extends to the whole of India. Commencement
(3) It shall come into force on such date as t he Central government
may, by notification in the Official Gazette, appoin t

2. In this Act, unless the context otherwise requires , - Definitions
(a) “Authority” means the National Highways Authority
of India constituted under section 3;
(b) “Chairman” means the Chairman of the Authority;
(c ) “employee” means a person the full-time service of
the Authority;
(d) “member” means a member of the Authority appointed
under section 3 and includes the Chairman;
(e) “national highway” means any highway for the time
being declared as a national highway under section 2
of the National Highways Act,1956; 48 of 1956
(f) “prescribed” means prescribed by rules made under
this Act;
(g) “regulations” means regulations made by the Authority
under this Act.
(h) words and expressions used herein and not defined
but defined in the National Highways Act,1956 shall
have the meanings assigned to them in that Act. 48 of 1956

CHAPTER II

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA

2. (1) With effect from such dated as the Central Government Constitution of
may, by notification in the Official Gazette, appoint in this the Authority.
behalf, there shall be constituted for the purposes of this Act
Act an Authority to be called the National Highways Authority
of India.

(2) The Authority shall be a body corporate by the aforesaid
having perpetual succession and a common seal, with power,
subject to the provisions of this Act, to ac1u9ire, hold and
dispose of property, both movable and immovable, and to
contract and shall by the said name sue and be used.

(3) The Authority shall consist of –

(i) a Chairman;
(ii) not more than five full-time members; and
(iii) not more than four part-time members,

to be appointed by the Central government by notification in the Official
Gazette.

3. The term of office and other conditions of service of the members Term of office
shall be office and such as may be prescribed. and conditions of
` service of members.
Disqualifications
for appointment
as member.

4. A person shall be disqualified for being appointed as a member if
he –

(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Central Government,
involves moral turpitude; or

(b) is an undischarged insolvent; or

(c ) is of unsound mind and stands so declared by a competent
Court; or

(d) has been removed or dismissed from the service of the
Government or a corporation owned or controlled by the
Government; or

(e) has, in the opinion of the Central Government, such financial or other interest in the
Authority as is likely to affect prejudicially the discharge by him of his functions as a
member.

6. Subject to the other terms and conditions of servic e as may be Eligibility of
prescribed, any person ceasing to be a member shall be eligible for member for
of reappointment as ‘such member’. reappointment.

7. (1) The Authority shall meet at such times and places and places and
shall observe such rules of procedure in regard to the transaction
of business at its meeting, including the of business at its meetings,
including the quorum thereat, as may be proved by regulations.

(2) If for any reason the Chairman is unable to attend any meeting of
the Authority any other member chosen by the members present at
The meeting shall preside at the meeting.

(3) All questions which come up before any meeting of the Authority
Shall be decided by a majority of votes of the members present and
voting, and in the event of an equality of votes, the Chairman, or in
his absence the person presiding, shall have and exercise a second or
casting vote.

8. No act or proceeding of the Authority shall be invalidated merely by Vacancy in the
reason of- Authority not to
invalidate
(a) any vacancy in, or any defect in the constitution of the proceedings.
Authority; or
(b) any defect in the appointment of a person acting as a
member of the Authority: or
(c) any irregularity in the procedure adopted by the Authority
not affecting the merits of the case.

9. (1) For the purpose of discharging its functions, th e Authority shall Appointment of
appoint, from time to time, any person as adviser as may be laid officers,consultants
down by the regulations. And other
employees of the
(2) The Authority may appoint, from time to time, any perso n as Authority.
it may consider necessary, on such terms and condi tions as may
Be laid down by the regulations.

10. In the discharge of its functions under this Act, the Authority shall Authority to act
act, so far as may be, on business principles. on business
principles.

CHAPTER III

PROPERTY AND CONTACTS

11. The Central Government may, from time to time, by no tification Power of the
in the Official Gazette, vest in, or entrust to, the Authority, such national Central
highway or any stretch thereof as may be specified in such notification. Government
to vest or entrust
any national
highway in the
Authority.

12. (I) On and from the date of publication of the notification under Transfer of
section 11,- assets and
liabilities of
(a) all debts, obligations and liabilities incurred, all the Central
contracts entered into and all matters and things engaged Government
to be done by, with, or for, the Central Government, to the
immediately before such date for or in connection with Authority
the purposes of any national highway or any stretch
thereof vested in, or entrusted to, the Authority under that
section, shall be deemed to have been incurred, entered into
and engaged to be done by, with, or for, the Authority.

(b) all non-recurring expenditure incurred by or for the
Central Government for or ion connection with the purposes
of any national highway or any stretch thereof, so vested in,
or entrusted to, the Authority, up to such date and declared to
be capital expenditure by the Central Government shall, subject
to such terms and conditions as may be prescribed, be treated as
capital provided by the Central Government to the Authority.

(c ) all sums of money due to the Central Governmen t in relation
to any national highway or any stretch thereof, so ves ted in, or
entrusted to, the Authority immediately before such dat e shall be
deemed to be due to the Authority.

(d) all suits and other legal proceedings instituted or which
could have been instituted by or against the Central Government
immediately before such date for any matter in relation to such
national highway or any matter in relation to such national
highway or any stretch thereof may be continued or instituted
by or against the Authority.

(2) If any dispute arises as to which of the assets, rights or
liabilities of the Central government have been transferred to
The Authority, such disputes shall be decided by the Central
Government.

13. Any land required by the Authority for discharging its functions Compulsory
under this Act shall be deemed to be land needed for a public purpose acquisition of land
and such land may be acquired for the Authority under the provisions for the Authority.
of the Land Acquisition Act, 1894 or of any other corresponding law
for the time being in force.

14. Subject to the provisions of section 15, the Autho rity shall be Contracts
competent to enter into and perform any contract necessary for the by the
discharge of its functions under this Act. Authority.

15. (1) Every contract shall, on behalf of the Author ity, be made Mode of executing
by the Chairman or such other member or such officer of the Authority contracts on behalf
as may be generally or specially empowered in this behalf by the of the Authority.
Authority and such contracts or classes of contracts as may be specified
in the regulations shall be sealed with the common seal of the Authority:

Provided that no contract exceeding such value or amount as the
Central Government may prescribe in this behalf shall be made unless
It has been previously approved by that Government:

Provided further that no contract for the acquisit ion or sale of
immovable properly or for the lease of any such property for a term
exceeding thirty years and no other contract exceeding such value or
amount as the Central Government may prescribe in this behalf shall
be made unless it has been previously approved by that Government.

(2) Subject to the provisions of sub-section (1), the form and
manner in which any contract shall be made under this Act shall be
such as may be provided by regulations.

(3) No contract which is not in accordance with the provisions
of this Act and the regulations shall be binding on the Authority.

CHAPTER IV

FUNCTIONS OF THE AUTHORITY

16. (1) Subject to the rules made by the Central Government Functions of the
in this behalf, it shall be the function of the Authority to develop, Authority.
maintain and manage the national highways and nay other highways
vested in, or entrusted to, it by the Government.

(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the Authority may, for the discharge
of its functions –

(a) survey, develop, maintain and manage highways vested
in, or entrusted to, it;

(b) construct offices or workshops and establish and maintain
hotels, motes, restaurants and rest-rooms at or near the
highways vested in, or entrusted to, it;

(d) regulate and control the plying of vehicles on the

(e) develop and provide consultancy and constructi on
services in India and abroad and carry on research activ ities
in relation to the development, maintenance and manage ment
of highways or any facilities thereat;

(f) provide such facilities and amenities for the users of the
highways vested in, or entrusted to, it as are, in the opinion
the Authority, necessary for the smooth flow of traffic on
such highways;

(g) form one or more companies under the Companies Act,1956 1 of 1956
to further the efficient discharge of the functions im posed on
it by this Act;

(h) engage, or entrust any of its functions to, a ny corporation
or body corporate owned or controlled by the Government;

(i) advise the Central government on matters relating to
highways;

(j) assist, on such terms and conditions as may be mutually
agreed upon, any State Government in the formulation and
implementation of schemes for highway development;

(k) Collect fees on behalf of the Central Government for
services or benefits rendered under section 7 of the National
Highways Act,1956, as amended from time to time, and such 48 of 1956
other fees on behalf of the State Governments on such terms
and conditions as may be specified by such state Governments;
and

(l) Take all such steps as may be necessary or convenient for,
or may be incidental to, the exercise of any power or the
discharge of any function conferred or imposed on it by this Act.

(3) Nothing contained in this section shall be construed as-

(a) authorising the disregard by the Authority of any law for the
time being in force; or

(b) authorising any person to institute any proceeding in respect
of a duty or liability to which the Authority or its officers or other
employees would not otherwise be subject under this Act.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

17. The Central Government may, after due appropriation made Grants and
by Parliament by law in this behalf, provide to the Authority grants and loans by the
loans of such sums of money as that government may consider necessary Central Government.

18. (1) There shall be constituted a Fund to be called the National Fund of the
Highways Authority of India Fund and there shall be credited thereto- Authority.

(a) any grant or aid received by the Authority;

(b) any loan taken by the Authority or any borrowings made
by it;

(2) The Fund shall be utilized for meeting –

(a) expenses of the Authority in the discharge of its
functions having regard to the purposes for which such
grants, loans or borrowings are received and for matters
connected therewith or incidental thereto;

(b) salary, allowances, other remuneration and facilities
provided to the members, officers and other employees
of the Authority;

19. The Authority shall prepare, in such forma and at s uch time Budget.
in each financial year as may be prescribed, it budget for the next
Financial year, showing the estimated receipts and expenditure of
The Authority and forward the same to the Central Government.

20. The Authority may invest its funds (including any reser ve Investment
fund) in the securities of the Central Government or in such other of funds
manner as may be prescribed

21. (1) The Authority may, with the consent of the Central Borrowing
Government or in accordance with the terms of any general or powers of the
special authority given to it by the Central Government, borrow Authority
money from any source by the issue of bonds, debentures or such
other instruments as it may deem fit for discharging all or any of
its functions under this Act.

(2) Subject to such limits as the Central government may,
from time to time, lay down, the Authority may borrow temporarily
by way of overdraft or otherwise, such amounts as it may require
for discharging its functions under this Act.

(3) The Central government may guarantee in such manner
As it thinks fit the repayment of the principal and the payment of
Interest thon with respect to the borrowing made by the Authority
Under sub-section (1).

22. The Authority shall prepare, in such form and at s uch time in Annual Report.
each financial year as may be prescribed, it annual report, giving a
full account of its activities during the previous financial year, and
submit a copy thereof to the Central Government.

23. The accounts of the Authority shall be maintained and Accounts
Audited in such manner as may, in consultation with the and audit.
Comptroller and Auditor General of India, be prescribed and
the Authority shall furnish, to the Central Government, before
such date as may be prescribed, its audited copy of accounts
together with the Auditor’s report thereon.

24. The Central Government shall cause the annual r eport and Annual
Auditor’s report to be laid, as soon as may be after they are received, Report and
before each House of Parliament. Auditor’s
report to be
laid before
Parliament.

CHAPTER VI

MISCELLANEOUS

25. The Authority may, by general or special order in writing, Delegation
delegate to the Chairman or any other member or to any officer of of powers.
the Authority, subject to such conditions and limitations, if any, as
may be specified in the order, such of its powers and functions
under this act (except its powers under section 35) as it may deem
necessary.

26. All orders, decisions and other instruments of the Authority Authentication
shall be authenticated by the signature of the Chairman or any other of orders and
member or any officer of the Authority authorized by it in this behalf other instruments
of the Authority.

27. All members, officers and employees of the Authority shall, Employees of the when
acting or purporting to act in pursuance of the provisions of this Authority to be
act or of any rule or regulation made thereunder, be deemed to be public servants.
Public servants within the meaning of section 21 of the Indian Penal
Code.

28 (1) No suit, prosecution or other legal proceeding shall lie Protection of
against the Authority or any member or officer or empl oyee action taken in
of the Authority for anything which is in good faith done or good faith.
intended to be done under this Act or the rules or regulations
made thereunder.

(2) No suit, prosecution or other legal proceeding shall lie
Against the Authority or any member or officer or any member
Or officer or employee of the Authority for any damage caused
Or likely to be caused by anything which is in good faith
Done or intended to be done under this Act or the rules or
Regulations made thereunder.

29. The Authority may undertake to carry out on behalf of the Power of the
Government or any local authority any works or services or any Authority to
class of works or services on such terms and conditions as may be undertake
agreed upon between the Authority and the government or local certain works.
authority concerned.

30. Subject to any regulations made in this behalf any person, Power to
Generally or specially authorized by the Authority in this behalf, enter.
May, whenever it is necessary so to do for any of the purposes of
This Act, at all reasonable times, enter upon any land or premises, and-

(a) make any inspection, survey, measurement, valuation
or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of works;
(e) mark such levels, boundaries and lines by placing marks
and cutting trenches; or
(f) do such other acts or things as may be prescribed.

Provided that no such person shall enter any boundary or a ny
Enclosed court or garden attached top a dwelling-house (except with
The consent of the occupier thereof) without previously giving such
occupier at least twenty-four hours’ notice in writing of his intention
to do so.

31. (1) If, at any time, the Central Government is of opinion that Power of the
in the public interest it is necessary or expedient so to do, it may, by Central
order, direct the Authority to entrust the development, maintenance or Government to
management of any national highway or a part thereof with effect from temporarily
such date and for such period and to such person as may be specified divest the
in order and the Authority shall be bound to comply with such direction. Authority of the
management of
national highway.
(2) Where development, maintenance or management of any
National highway or part thereof is entrusted to any person specified
Under sub-section (1) (herafter in this sectuion referred to as the
Authorized person), the Authority shall cease to exercise and discharge
All its powers and functions under this Act in relation to such
National Highway or part thereof and such powers and functions
shall be exercised and discharged by the authorized person in
accordance with the instructions, if any, which the Central
Government may give to the authorized person from time to time.

Provided that no such power or function as may be specifie d
By the Central Government by a general or special order shall be
Exercised or discharged by the authorised person except with the
Previous sanction of the Central Government.

(3) The Central Government may reduce or extend the period
Mentioned in Sub-section (1) as it considers necessary.

(4) During the operation of an order made under sub-section (1),
It shall be competent for the Central Government to issue, from time
to time, such person to exercise the powers and discharge the functions
of the Authority under this Act in relation to the national highway or
part thereof, the management of which has been entrusted to him and in
particular, to transfer any sum of money from the Fund of the Authority
to the authorized person for the management of the national Highway or
part thereof and every such direction shall be completed with by the
Authority.

(5) On the cesser of operation of any order made under sub-
Section (1) in relation to nay national highway or part thereof, the
authorised person shall cease to exercise and perform the powers and
Functions of the Authority under this Act in relation to such national
Highway or part thereof and authority shall continue to exercise and
Perform such powers and functions in accordance with the provisions
Of this Act.

(6) On the cesser of operation any order made under sub-
Section (1) in relation to nay national highway or part thereof, the
authorised person shall hand over to the Authority any property
(including any sum of money or other asset) remaining with him in
connection with the management of such national highway or part
thereof.

32. (1) If, at any time, the Central Government is of opinion –

(a) that on account of a grave emergency the Authority
is unable to discharge the functions and duties imposed on
it by or under the provisions of this Act; or

(b) that the Authority has persistently made default in
complying with any direction issued by the Central
Government under this Act or in the discharge the
functions and duties imposed on it by or under the
provisions of this Act; or

the Central Government may, by notification in the Official Gazette,
supersede the Authority for such period, not exceeding one year,
as may be specified in the notification:

Provided that before issuing a notification under this s ub-
Section for the reasons mentioned in clause (b), the Central
Government shall give a reasonable opportunity to the Authority
To show cause why it should not be superseded and shall
Consider the explanations and objections, if any, of the Authority.

(2) Upon the publication of a notification under sub-section
(1) superseding the Authority –

(a) all the members shall, as from the date of supersession,
vacate their offices as such;

(b) all the powers, functions and duties which may, or
under the provisions of this Act, be exerci sed or discharged
by such person or persons as the Central Go vernment may
direct;

(c) all property owned or controlled by the Authority shall,
until the Authority is reconstituted under sub-section (3),
vest in the Central Government.

(3) On the expiration of the period of supersession specif ied
in he notification issued under sub-section (1), t he Central
Government may-

(a) extend the period of supersession for such further term
not exceeding one year, as it may consider necessary; or

(b) reconstitute the Authority by fresh appointment and
in such a case, any person who vacated officer under
clause (a) of sub-section (2) shall not be deemed
disqualified for appointment.

Provided that the Central Government may, at any time
before the expiration of the period of supersession whether as
originally specified under sub-section (1) or as extended under
this section and the circumstances leading to such action to be
laid before both Houses of Parliament as soon as may be.

(3) The Central Government shall cause a notification issued
Under sub-section (1) or sub-section (3) and a full report of any
Action taken under this section and the circumstances leading
To such action to be laid before both Houses of Parliament as
as may be.

33. (1) Without prejudice to the other provisions of this Act, the Power of the
Authority shall, in the discharge of its functions and duties under this Central
Act, be bound by such directions on questions of policy as the Central Government to
Government may give it in writing from time to time. issue directions.

(2) The decision of the Central government whethe r a question
Is one policy or not shall be final.

34. (1) The Central Government may, by notification in the Power of the
Official Gazette, make rules for carrying out the provisions of this Act. Central
Government
(2) In particular, and without prejudice to the generality of the to make rules.
forging power, such rules may provide for-

(a) the term of office and other conditions of service
of the members;

(b) the powers and duties of the Chairman and of the
members;

(c) the terms and conditions subject to which the non-
recurring expenditure incurred by or for the Central
Government for or in connection with the purposes of
Any national Highway shall be treated as capital
Provided by the Central Government to the Authority
under clause (b) of sub-section (1) of section 12;

(d) the value of amount required to be prescribed
under sub-section (1) of section 15;

(e) the form in which and the time within which the
Authority shall prepare its budget under section 19 and
Its annual report under section 22;

(f) the manner in which the Authority may invest its
funds under section 20;

(g) the manner in which the accounts of the Authority
shall be maintained and audited and the date before
which the audited copy of the accounts together with
the auditor’s report thereon shall be furnished to the
Central Government under section 23;

(h) the conditions and restrictions with respect to the
exercise of the power to enter under section 30 and the
matters referred to in clause (f) of that section; and

(i) any other matter which is required to be, or may be,
prescribed.

35 (1) The Authority may, by notification in the Official Gazette, Power of the
make regulations not inconsistent with this Act and the rules made Authority to make
thereunder to carry out the provisions of this Act. regulations.

(2) In particular, and without prejudice to the generality of the
Foregoing power, such regulations may provide for all or any of the
Following matters, namely:-

(a) the times and places of the meetings of the Authority and
the procedure to be followed for the transaction of business
at such meetings;

(b) the terms and conditions of service, method of
recruitment and the remuneration of officers and other
employees appointed by the Authority;

(c) the form and manner in which a contract or class of
contracts may be made by he Authority and the contrac ts or
classes of contracts which are to be sealed with t he common
seal of the Authority;

(d) the manner of preventing obstructions on the national
highways for their normal functioning;

(e) the manner of prohibiting the parking or waiting of any
vehicle or carriage on the national highway except at places
specified by the Authority;

(f) the manner of prohibiting or restricting access to any part
of the national highway;

(g) the manner of regulating or restricting advertisements on
and around national highways; and

(h) generally for the efficient and proper maintenance and
management of the national highways.

36. (1) If nay difficulty arises in giving effect to the provisio ns of Power to remove
this Act, the Central Government may, by notification in the difficulties.
Official Gazette, make order not inconsistent with the provisions
of this Act as may appear to it to be necessary or expedient for the
removal of the difficulty:

Provided that no such order shall be made after the expiration of
two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as so on as
may be after it is made, before each House of Parliament.

37. Every rule and every regulation made under this Act shall be Rules and
laid, as soon as may be after it is made, before each House of regulations
Parliament, while it is in session, for a total period of thirty days which to be laid before
may be comprised in one session or in two or more successive sessions Parliament.
and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation or both Houses
agree that the rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.

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