LexThe Himachal Pradesh Road Infrastructure Protection Act, 2002
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH ROAD INFRASTRUCTURE
PROTECTION ACT, 2002
ARRANGEMENTS OF SECTIONS
Sections:
1. Short title and extent.
2. Definitions.
3. Prohibition of certain acts on road infrastructure.
4. Road infrastructure map.
5. Duties of prescribed authority.
6. Orders for control and prevention of prohibited activities
under section 3.
7. Removal of abandoned vehicles machinery/goods on road
infrastructure.
8. Confirmation of the order passed by the prescribed authority.
9. Appeal.
10. Revision against order passed by appellate authority.
11. Levy of restoration cost and restoration fee.
12. Offence.
13. Permission to certain facilities with respect to road
infrastructure.
14. Powers of confirmatory authority/prescribed authority.
15. Protection of actions of the prescribed authority under this
Act.
16. Bar of jurisdiction of civil court
17 . Vesting of road infrastructure.
18. Extension of the provision of this Act to local bodies and
development authorities in the State of Himachal Pradesh.
19. Power to make rules.
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THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 2
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE
PROTECTION ACT, 2002
(ACT NO. 20 OF 2003) 1
(Received the assent of the President on 17th September, 2003 and was
published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 30th October, 2003, pp. 2137-2157)
Amended, repealed or otherwise effected by,-
H.P. Act No. 14 of 20062, assented to by the Governor on 4th July,
2006, published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 5th July, 2006, pp. 2267-
2270).
An Act to provide for prevention of misuse, damage, unauthorized use
and encroachment of the road infrastructure.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-third Year of the Republic of India, as follows:-
1. Short title and extent.- (1) This Act may be called the Himachal
Pradesh Road Infrastructure Protection Act, 2002.
(2) It shall extend to the whole of Himachal Pradesh.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “agriculture” includes horticulture, dairy farming, poultry
farming and the planting and upkeep of an orchard;
(b) “ appellate authority” means the Chief Engineer in-charge of
the zone of Himachal Pradesh Public Works Department,
appointed by the Government, by notification, in the Official
Gazette, to perform any or all of the functions as conferred
upon him under this Act and the rules made thereunder;
(c) “building” means a house, hut, shed, or other roofed structure,
for whatever purpose or of whatsoever material constructed
and every part thereof, and includes a wall or masonry
platform or masonry ditch or drain but does not include a tent
or a fence for agriculture purposes;
(d) “building line” means a line on either side of any road or part
of a road, fixed in the manner prescribed, in respect of such
road or part by the Government, by notification in the Official
Gazette;
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
28th August, 2002 pp. 1551 and 1562.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
5th April, 2006 pp. 44 and 47.
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 3
(e) “confirmatory authority” means any authority not below the
rank of Executive Engineer of Himachal Pradesh Public
Works Department appointed by the Government, by
notification, in the Official Gazette, to perform any or all of
the functions as conferred upon him under this Act and the
rules made thereunder;
(f) “controlled area” for the purpose of this Act shall mean an
area declared as such under section 3 of the Himachal Pradesh
Roadside Land Control Act, 1968;
(g) “controlled line” means a line on either side of any road or
part of a road beyond the building line, fixed in the manner
prescribed, in respect of such road or part, by the
Government, by notification in the Official Gazette;
(h) “department” means the department of the Government of
Himachal Pradesh to whom the work relating to road
infrastructure has been entrusted;
(i) “Government” means the Government of Himachal Pradesh;
(j) “map” means the road infrastructure map of a division,
notified by the State Government under section 4 of this Act;
(k) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(l) “place of worship” includes a temple, church, mosque,
imambara, tanquia, idgah, samadhi, math, sati;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “prescribed authority” means any authority not below the
rank of Junior Engineer of Himachal Pradesh Public Works
Department, appointed by the Government, by notification, in
the Official Gazette, to perform any or all of the functions as
conferred upon him under this Act and the rules made
thereunder;
(o) “revisional authority” means Secretary(Public Works
Department) to the Government of Himachal Pradesh,
appointed by the Government, by notification, in the Official
Gazette, to perform any or all of the functions as conferred
upon him under this Act and the rules made thereunder;
(p) “road” means a road maintained by the Government of
Himachal Pradesh or any local authority and shall include
National Highways declared under the National Highway
Act, 1956 (48 of 1956);
(q) “road infrastructure” means the roads, paths and streets for
transport or communication and shall include,-
(i) acquired road land width;
(ii) all types of roads and their structures, such as road
pavements, shoulders, retaining walls, breast walls, toe
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 4
walls, cross drainage, kerb, road side drains, road
junctions, medians, speed breakers, i/c rumble strips,
street lighting, traffic lights etc. ;
(iii) any structure ancillary to road transport and
communication system;
(iv) bridges including approaches, return walls, wing walls,
protection works and allied structures;
(v) expressways including interchanges, grade separators,
dividers and other ancillary structures;
(vi) road furniture, such as parapets, railings, kerb stones,
kilometer stones, benches, cat eyes, reflectors,
pedestals and sign boards, barricades and crash barriers;
(vii) road over bridges, flyovers and under passes and their
allied structures;
(viii) roadside parking area;
(ix) roadside plantation, nurseries, hedges and other
landscape items;
(x) toll booths/plaza;
(xi) tunnels and ancillary structures; and
(xii) wayside amenities/structures, such as rain shelters, lay
byes, bus, lanes, public conveniences, parks and open
spaces located on Government land along the road;
(r) “Secretary” means Secretary(Public Work Department) to the
Government of Himachal Pradesh and includes any person
for the time being appointed by the Government, by
notification, to exercise and perform all or any of the powers
and functions of the Secretary under this Act and the rules
made thereunder; and
(s) “Work Inspector” means any employee of the Himachal
Pradesh Public Works Department, appointed by the State
Government by notification, as such, and includes Road
Inspector and Work Supervisor of the department.
3. Prohibition of certain acts on road infrastructure.- No person
shall-
(i) encroach upon the Government land under road
infrastructure;
(ii) raise any permanent, temporary or movable structure on or
from road infrastructure;
(iii) misuse a road by erecting workshop and carrying out
commercial activity including tethering of livestock on road
infrastructure;
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 5
(iv) block/damage roadside drainage and cross drainage system;
(v) divert sullage/muck from private properties to the road;
(vi) stack/throw excavated earth/debris on road and
un-authorisedly stack material on roads;
(vii) dig/damage road infrastructure without permission from
competent authority;
(viii) un-authorisedly instal hand pumps and petrol pumps;
(ix) damage/deface bridges, road over bridges, flyovers and
under- passes including approaches, return walls and wing
wall, parapets, railing and lighting system, protection
works, tunnels and their ancillary structures and other
structures such as road pavement, shoulders, retaining
walls, breast walls, toe walls, cross-drainage and roadside
drains, road junctions, medians, speed breakers, i/c rumble
strips, street lighting, traffic lights, barricades, crash
barriers, signboards, kilometer stones, reference pillars,
boundary pillars, road identification marked infrastructure,
pedestals, benches, toll booth/plaza, way side amenities
such as rain shelters, lay buys, bus lanes, public
conveniences parks and open spaces along the road and
including any other structure meant for facilitating road
transportation and maintenance of roads;
(x) park accidented or condemned or unserviceable vehicles or
goods/machinery on the road;
(xi) damage/uproot roadside plantation, nurseries, hedges and
other landscape items;
(xii) un-authorisedly display of hoardings;
(xiii) commit an act prohibited under the Himachal Pradesh Open
Places (Prevention of Disfigurement) Act, 1985 (12 of
1985);
(xiv) un-authorised erect welcome gates arches etc;
(xv) commit any act of omission or commission that may be
notified by the Government under this section as injurious
to the road infrastructure;;
(xvi) damage road infrastructure due to mining in the area; and
(xvii) erect or construct any structure in the controlled area.
4. Road infrastructure map.- (1) Executive Engineer in-charge of the
road infrastructure shall prepare on a scale of 1:500 a map of the road
infrastructure within his jurisdiction showing therein the length and width of
the road.
(2) The map shall also show important landmarks including building
and control lines and landmarks fixed by the Revenue Department along the
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 6
road infrastructure as reference points for identification and demarcation of
the road infrastructure and the map shall be approved by the Chief Engineer
in-charge of the Zone concerned.
(3) The Government shall, through publication in newspapers, inform
the public regarding the existence of maps of the roads showing their
boundaries and other important landmarks and the availability of such maps of
public inspection in office of the Executive Engineer-in-charge of the road
infrastructure and the Government shall also invite public objections within
sixty days of first publication of the notice in newspapers and similarly for
every addition or change made therein subsequently.
(4) After adjudicating upon the objections raised, the Government shall
finalise such maps and inform the public regarding their existence and
availability in the Executive Engineer's office for reference and use.
(5) After action under sub-section(3) has been taken, the map shall
become the reference record of road infrastructure in the division of the
Himachal Pradesh Public Works Department and shall be known as 'road
infrastructure map of a division.
(6) The occurrence of all prohibited activities within the jurisdiction of
the prescribed/confirmatory authority may be determined with reference to
this road infrastructure map of the concerned division of Himachal Pradesh
Public Works Department.
(7) It shall be open to public to inspect the road infrastructure map of a
division and obtain certified copies from the Executive Engineer concerned of
the area on payment of prescribed fee.
(8) For control of land along highways and for removal of
encroachments, the Government shall demarcate and enforce building lines
and control lines on the private lands beyond the right way of National
Highways.
5. Duties of prescribed authority.- It shall be the duty of the
prescribed authority or Work Inspector, as the case may be, to ensure that no
activity prohibited under section 3 of the Act occurs within his jurisdiction.
6. Order for control and prevention of prohibited activities under
section 3.- (1) On noting the occurrence of any activity prohibited under
section 3, the prescribed authority shall issue an order directing the defaulter
to stop forthwith the prohibited activity and where necessary, order the
restoration of status quo of the road infrastructure.
(2) An order of the prescribed authority under sub-section (1) shall
clearly describe in writing the prohibited activity and also indicate by way of
sketch, the location of the occurrence of prohibited activity on a relevant
portion of the map and the extent of such activity and the damage already
caused or being caused.
(3) The prescribed authority shall also direct the defaulter to restore the
status of the road infrastructure to its original position within a specified
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 7
period of time by starting the process of restoration within 3 days from the
issue of notice and complete the same within the allowed time.
(4) The prescribed authority shall indicate specifically that in the event
of failure to comply with any direction or order passed under this section,
steps shall be taken to restore the status quo at the risk and cost of the
defaulter, in addition to the restoration cost to be imposed. The expenditure so
incurred shall liable to be recovered as arrears of land revenue and the
prescribed authority shall confiscate to the Government and sell the
dismantled property used in the commission of a prohibited activity in the
prescribed manner.
(5) The service of notice shall be effected in the manner as provided in
Code of Civil Procedure, 1908(5 of 1908).
(6) Any order passed under this section shall not be liable to be
challenged in any civil court on any ground whatsoever.
7. Removal of abandoned vehicles machinery/goods on road
infrastructure.- Save as provided in section 11 of this Act, the prescribed
authority shall impound vehicles/machinery/goods abandoned on road
infrastructure and in addition to the cost of removal, impose a penalty at the
rate of Rs. 1000/-per day for the period during which the
vehicles/machinery/goods remain in the custody of the prescribed authority:
Provided that if an impound vehicle/machinery/goods remain in the
custody of the prescribed authority for a period more than 10 days, the
confirmatory authority shall take action under sections 25, 26 and 27 of the
Indian Police Act, 1861 (5 of 1861) for disposal of abandoned property.
8. Confirmation of the order passed by the prescribed authority.-
The aggrieved party may file objections against the order issued by the
prescribed authority, to the confirmatory authority with in a period of 3 days
from the service of said order and the confirmatory authority shall afford an
opportunity to the aggrieved party to be heard in person and thereafter shall
pass an order within a period of 15 days confirming or setting aside the order
passed by the prescribed authority through a self speaking and reasoned order.
9. Appeal.- (1) No appeal shall be entertained against any order passed
by the confirmatory authority, unless, the appeal is filed within 15 days from
the passing of orders by the confirmatory authority:
Provided that an appeal may be admitted after the expiry of the period
specified under this section, if the appellant satisfies the appellate authority
that he has sufficient cause for not preferring appeal within that period:
Provided further that the appellant while filing the appeal against such
order, shall deposit 50% of the anticipated restoration cost as assessed by the
department.
(2) The appellate authority shall, within 15 days of the filing of the
appeal, pass an order confirming or setting aside the order passed by the
confirmatory authority.
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 8
10. Revision against order passed by appellate authority.- (1) Any
person aggrieved by an order passed in appeal by the appellate authority under
section 9 may, within 15 days of the communication of such order, make an
application to the Government seeking revision.
(2) The revisional authority shall within 15 days of the filing of revision
application against the order of the appellate authority pass an order
confirming or setting aside the order of the appellate authority. The
Government shall not pass such order under this section prejudiced to any
person without giving such person a reasonable opportunity of being heard.
11. Levy of restoration cost and restoration fee.- (1) The prescribed
authority may order any person, who has indulged in a prohibited activity as
referred to in clauses (i), (iii) and (viii) of section 3 to restore road
infrastructure to its original state and if such person fails to start the
restoration work within a period of 3 days from the date of passing of such
order and completing it within the time allowed, the prescribed authority shall
take such measures as may appear to him to be necessary, to give effect to the
orders as the cost of the defaulter.
(2) If a person contravenes or fails to comply with, any provision of this
Act or any order made under sub-section (1), the prescribed authority may,
after giving a reasonable opportunity of being heard, direct such person to
pay, by way of restoration fee, in addition to the cost of restoration of road
infrastructure,-
(i) for contravention of any prohibited activities as referred to in
clauses (ii), (iv), (v), (vii), (ix), (xi), (xvi) and (xvii) of section 3,
an amount which shall be five time of the restoration cost;
(ii) for contravention of prohibited activities as referred to in clause
(vi) of section 3, an amount @ five hundred rupees per cubic
metre or part thereof per day in respect of excavated earth/debris
and @ one thousand rupees per truck load or part thereof per day
in respect of stacked material; rupees per truck load or part
thereof per day in respect of stacked material;
(iii) for contravention of prohibited activities as referred to in clause
(xii) of section 3, an amount at the rate of five hundred rupees
per square meter per week till the time such act continues;
(iv) for contravention of the prohibited activities as referred to in
clause (xiv) of section 3, an amount at the rate of one hundred
rupees per running meter of the erection per day till the time the
act continues; and
(v) for contravention of the prohibited activities as referred to in
clause(xiii) or (xv) of section 3, an amount at the rate of six
times the cost of removal.
Explanation.- (1) All restoration costs and fees payable under the
provisions of this section shall be deposited with the prescribed authority
within seven days, failing which it shall be recovered as arrears of land
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 9
revenue with interest commencing the day following the last day allowed for
deposit.
(2) Cost of removal/restoration shall be determined as per the current
schedule of rates/principles of costing of the Himachal Pradesh Public Works
Department duly indexed for inflation.
12. Offence.- (1) Any person who commits any act prohibited under
section 3 or fails to perform the duties assigned under section 5 of this Act
shall be punished with imprisonment of either description for a term which
may extend to two years, or fine, or with both.
(2) No court shall take cognizance of an offence punishable under
sub-section (1) against any person, unless a complaint in writing is made by
public servant authorized by the Government, by notification, in the Official
Gazette.
13. Permission to certain facilities with respect to road
infrastructure.- Every person who intends to have the following facilities,
namely:-
(i) an approach to private property from the road
infrastructure;
(ii) laying of services such as pipeline, sewerage line, electrical
cables, telephone cables etc. either along or across the road
or bridge;
(iii) mining activities within 50 metres from either side of
existing road or 500 meters upstream or downstream of a
bridge;
(iv) carrying out any private or commercial activity within the
acquired and controlled area;
(v) display of hoardings within the acquired and controlled
area;
(vi) installation of hand pumps, within the acquired and
controlled area;
(vii) parking of accidented vehicles/machinery on the road up to
48 hours; and
(viii) temporary stacking of materials/goods on the road for a
period not exceeding 48 hours,
shall apply for permission in writing to the Executive Engineer-in-charge of
the road infrastructure within his jurisdiction in respect of facility under
clauses (i) to (vi) above and to the Junior Engineer-in-charge in respect of
facility under clauses (vii) and (viii) of this section and every such application
for permission shall be in the prescribed manner:
Provided that failure to comply with the requirements as contained
under this section, shall be liable to pay cost/fee as per provision of section 11
of this Act:
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 10
Provided further that the facilities as contained in this section shall be
provided by the department as a deposit work for the beneficiary.
14. Powers of confirmatory authority/prescribed authority.- The
confirmatory authority/prescribed authority shall, for the purpose of
performing function under this Act, have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a
suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.
15. Protection of actions of the prescribed authority under this Act.-
No suit or prosecution shall be entertained against the prescribed authority or
any other officer of the department authorized under this Act acting under the
order or directions of superior authority of the department, for anything,
which is done by him in good faith or intended to be done under this Act or
any rule made thereunder.
16. Bar of jurisdiction of civil court.- No civil court shall have any
jurisdiction to entertain or to decide any question relating to matters failing
under this Act or the rules made thereunder.
17. Vesting of road infrastructure.- All the road infrastructure shall be
deemed to be in the custody of the department on behalf of the Government,
as soon as it comes into existence.
18. Extension of the provision of this Act to local bodies and
development authorities in the State of Himachal Pradesh.- The
Government may, by notification, in the Official Gazette, empowers officers
of Municipal Corporation, Municipalities, Nagar Panchayats and
Development Authorities within the State of Himachal Pradesh to exercise
such powers and perform such functions, as may be specified in the
notification under this Act, in respect of road infrastructure within their
jurisdiction.
19. Power to make rules.- (1) The State Government may, by
notification, in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rule may provide for all or any of the following matters, namely:-
(a) the form of any notice required or authorized to be given
under this Act and the manner in which it may be served;
(b) the conduct of proceedings under this Act;
(c) the distribution and allocation of work to prescribe authority
and the transfer of any preceding pending before a prescribed
authority to another prescribed authority;
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 11
(d) the manner in which the damage resulting from acts of
prohibited activities may be assessed and the principles which
may be taken into account in assessing such damages;
(e) the manner of the laying out of means of access to road
infrastructure;
(f) the manner in which permission under this Act, may be
granted or refused and fees to be charged; and
(g) any other matter, which may be prescribed.
(3) All rules made under this section shall be subject to the condition of
previous publication.
1[(4) Every rule made under this section shall be laid, as soon as may
be after it is made, before the Legislative Assembly, while it is in session for a
total period of ten days which may be comprised in one session or in two or
more successive sessions, and it, before the expiry of the session in which it is
so laid or the successive sessions, and it, before the expiry of the session in
which it is so laid or the successive sessions aforesaid, the Legislative
Assembly agrees in making any modification in the rule or agrees that the rule
should not be made, the rules shall thereafter have effect only in such
modified from 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]
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1. Sub-section (4) substituted vide H.P. Act No. 14 of 2006.