The JAMMU AND KASHMIR HIGHWAYS ACT, 2007 (1950 A.D.)

HIGHWAYS ACT, 2007
(Act No. XXVII of Samvat 2007)
HIGHW A YS ACT, SVT. 2007 471
THE JAMMU AND KASHMIR HIGHW A YS ACT, 2007 (1950 A.D.)
(Act No. XXVII of Samvat 2007)
CONTENTS
Preamble
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Power to make rules.
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472 HIGHWAYS ACT, SVT. 2007
HIGHW A YS ACT, SVT. 2007 473
THE JAMMU AND KASHMIR HIGHWAYS ACT, 2007
(1950 A.D.)
(Act No. XXVII of Samvat 2007)
[Promulgated by Shree Yuvraj under section 5 of the Jammu and
Kashmir Constitution Act, 1996, and published in the Government
Gazette dated 23rd Chet, 2007].
An Act for the regulation of traffic on Government roads and places.
Preamble.—Whereas it is expedient to make provision for the regulation
of traffic on Government roads and places in the Jammu and Kashmir State for
the purpose hereinafter mentioned ;
Now, therefore, in exercise of the powers reserved under section 5 of the
Jammu and Kashmir Constitution Act, 1996, read with the Proclamation issued
by His Highness and published in an Extraordinary issue of the Government
Gazette dated 7th Har, 2006, Yuvraj Shree Karansinghji Bahadur is pleased to
enact as follows:––
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Highways Act, 2007.
(2) It shall extend to the 
1
[whole of the Union territory of Jammu and
Kashmir].
(3) It shall come into force on such date as the Government may, by
notification, direct.
2. Definition.—In this Act, unless there is anything repugnant in the
subject or context,—
“Government road or place” means a road, street, way or other place,
whether a thoroughfare or not, in charge of or maintained by the Government
and notified by it as such road or place.
2
[“Government” means the Government of the union territory of Jammu
and Kashmir].
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of Jammu and Kashmir State”.
2. Inserted ibid.
474 HIGHWAYS ACT, SVT. 2007
3. Power to make rules. ––(1) The Government may make rules for the
regulation of traffic on Government roads or places.
(2) In particular and without prejudice to the generality of the foregoing
power the Government may make rules for all or any of the following matters,
namely:––
(a) prohibiting or restricting the use of vehicles of any particular class
or description considered likely to cause obstruction on a Govern-
ment road or place and where a berm or side-track is provided,
confining such vehicles to the berm or side track ;
(b) prohibiting or restricting the use of vehicles not provided with
brakes of such character as may be required by rules ;
(c) prohibiting or restricting the use of vehicles or animals which are
of such a nature or in such a condition as to be likely to cause
annoyance, inconvenience or danger to the public ;
(d) prohibiting the leaving of vehicles or animals unattended or in the
charge of persons incapable of controlling them ;
(e) the speed at which vehicles or animals may be driven or ridden ;
(f) the rule of the road ;
(g) prohibiting the driving or riding of vehicles or animals on footways
or other places where their use may be attended with danger to the
public ;
(h) prohibiting the halting of vehicles or animals at places other than
the proper camps or refugees, if such halting is likely to cause
obstruction to traffic ;
(i) the carrying and use on vehicles or animals of a bell or other instru-
ment for giving audible and sufficient warning of their approach or
position ;
(j) the stoppage of vehicles or animals when required by the police
for the regulation of traffic or for other reasonable purpose ;
(k) the maximum weight or the number of passengers to be carried
on each description of vehicle plying for hire or animal ;
HIGHW A YS ACT, SVT. 2007 475
(l) empowering specified officers to issue notices requiring owners
or occupier of land—
(i) to loop the branches of any trees growing on such land or
overhanging a Government road so as to cause obstruction
or danger ;
(ii) to cut or trim any hedges or noxious vegetation growing on
such land, which may be considered likely to intercept a view of
approaching traffic on a Government road, or on any side-road
or other approach thereto ; and
(iii) to remove from a Government road any branches, trimmings
and vegetation lopped or cut by such owners or occupiers ;
(m) imposing on such owners or occupiers of land the duty to comply
with such notices within a reasonable time and authorising such
officers to loop, cut or trim such trees, hedges and vegetation in a
case of default ;
(n) regulating the driving or riding of animals after dusk and before
day-break ;
(o) the use of nose-ropes for animals ;
(p) the minimum age-limit of drivers of vehicles ; and
(q) generally the prevention of obstruction to traffic and of annoy-
ance, danger or injury to the public.
(3) A rule may be general for all Government roads or places, vehicles or
animals or may be special for a particular Government road or place, vehicle
or animal or class of vehicles or animals.
(4) All rules shall be subject to the condition of previous publication.
(5) In making any rule the Government may direct that a breach thereof
shall be punishable with fine which may extend to twenty five rupees or in the
case of a second or subsequent breach, to fifty rupees.
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