The Kerala Highway Protection Act, 1999

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THE KERALA HIGH\'VAY PROTECTION ACT, 1999 
(Act 6 of 2000) 
Preamblt 
Sections: 
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CoNTENT<; 
Sho~ t Ttllc, Extent and Commencement 
Defini t10ns 
Decla1 ation of road, ways or land as htghway 
Appointment of htghway authorities 
Powels and funct10ns of H1ghway authority 
Powc~· to enter on land for su,·vey in connectiOn ,...,ith a high-
way scheme. 
Preparation of scheme for highway development 
Powe.t to do cc· tatn acts for execution of the schemes 
Maintenance of hxghway plans 
Dema1 acatwn of hxghway boundat ics 
Annual check of htghway boundanes 
H1ghway deemed to be Gove1nment p .operly 
Prevent1on of unauthorised occupation of highway • 
Powe.r to g1ve d1rect10n to take ce1 ta1n measures 
Removal of encroachment 
Recovery of cost of removal of enc1 oachment 
Standard width of highway 
Building hncs and cent.J al lines' 
Restriction on use of land between highway boundary and 
building line 
Restriction on use of land between building line and central 
line 
Apphcation for permission 
Removal of structure which obstruct the view or destract the 
attention of persons using highway 
Regulation of tafic when highway 1s deemed unsafe 
Pt ohibit1on of heavy vehicles on cea·tain highways etc. 
Restriction of traffic where highway is temporarily closed 
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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 
General provision for punishment of offences. 30. 
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. 
34. 
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36. 
37. 
38. 
39. 
Penalty for encroachment 
Penalty for causing damage to highway 
Po~er to compound offences 
Power to make Rules 
Constitution of appellets authority 
Service of notice 
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 
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46. Power to utilise highway land for purpose other than road 
purposes 
4 7. 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 
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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. 
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• (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; 
(v) 
(v1) 
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 
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 authouty" medns the htghway autho11ty 
appointed under section 4, 
(J) "natwnal h1ghway" means any nat10nal highway m the 
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; 
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Act· . ' 
(k) "prescribed" means prescribe~ by rules maqe under this 
(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; 
(p) "survey', 1ncludes all operattons I;tctdental to the det~mi· 
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; 
pelled 
motor, 
or hke 
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(1) "veh1cle" 1ncludes any wheeled conveyance dlawn, pro· 
or d\ ivcn by any kmd of powe1 includmg human, ammal, 
steam or elcco 1c power, and Includes any bat J ow, plough 
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 
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{2) Eve1 y notification under sub-section (I) shall also be 
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) 
(b) 
(c) 
(d) 
incidental 
(e) 
prescribed. 
to execute development schemes; 
to control ribbon development, 
to prevent and remove encroachment; 
to exercise such powers and funclions as are necessary and 
to any or all of the above matters, and 
to exercise such other powers and functions as may be 
CHAPTER III 
D~velopntent and Maintenance of Highway 
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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,- · 
(a) enter upon any land along with his wm kmen and survey 
team and take n1easurements and levels on it, 
(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; 
(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 
m cases where survey cannot be completed, levels taken or boundaries 
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; 
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, (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~. 
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9 Mamtenance of hzghJJaJ' plans.-tl ) The highway authority 
shall, after havmg made a survey of each highwa y 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. 
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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 
of the activities mentioned in clause (f) of iection 2. 
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 
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. . 
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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, 1n relation 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: 
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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 I me 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 
h1ghway authonty shall, aftc1 makmg such enquiries as It ,may 
deem fit, by o1der m Wl'lting, either,-
(a) g1ant perm1sswn, subject to such cond;twns, if any, as 
may be speclfied in the order; or 
(b) refuse to g1 ant such permission: 
Provided that the h1ghway authoTity shall not ordmarily refuse 
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 
adjoimng h1ghwa y, O!' 1 he 'e·erection of a bUtldmg or structure 
wh1ch was m ext~tcnce on the date of commencemenLof this Act 
.unless .such rc-crect10n mvolvc any mate1 ial alteratwn to the outside 
structpral features of the building or structure. 
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(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 1 cgtsle. shall be made avatlable for pe1 usal, 
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 
of persons 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 
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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 
mtmm1se Lhc .1pp• ehcnded danger 
(2) If any pc-son, upon whom a notice ha~ been set \-ed uncle• 
sub-sectwn (1) objects to comply w1th any tequuement ofsuch nouce, 
he may, wJthm fou, teen days of Its recetpt, sent to the highway 
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 
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. 
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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 1 cst1 icuons o; 1 egulauons 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 
(2) The autho,•ty competent to give conc;ent uncle• sub~section 
(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. 
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(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. 
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
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 
30. General promston for pumsbment of offences -Whoevc'l' contl a­
venes any pt·ovision of th1s Act OJ the ,..ules made thc1 eunde. shall, 
if no othe1 penalty ts p10VIded for the offence, on conv1ction, be 
punishable with fine wluch may extend to five hundet d 1 upees 01 
1f having been previously convicted for the same offence, with fine 
which may extend to two thouc;and rupees 
31. Dzsohedunce of orders, ohstructzon and rcfu ml of mformatzon -
Whoever wilfulJy disobeys any drrecnon lawfulJy gtven by any person 
or autho1 1ty empowet·ed under this Act to g1ve "uch drrection or 
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. 
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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 
(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) 
catiOn In the Ga1ette, make 1 ules 
purposes of th1s Act 
The Government may, by nottfi ~ 
f01 ca-·, ying out all or any of the 
(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; 
(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 
of thts Act, 
(h) the gene1·al gutdance of the highway autho11ty m the 
d1schargc of 1ts functions unde1 th1s Act, 
(1) the constructwn or laymg of pubhc uuhty lmes along 
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
tely following, the LegtslatlVe Assembly makes any modifica t10n 
m the rule 01' dectdes that the 1 ules should not be made, t.he rule 
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,-
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(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 
1 tat 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 1 elates. 
(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 
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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. 
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(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 const r uct10n, 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 s

Excerpt shown. Open the full act in Lexace.

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