LexThe ODISHA STATE HIGHWAYS AUTHORITY ACT, 2025
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Open in Lexace · Ask the AI about this actTHE ODISHA STATE HIGHWAYS AUTHORITY ACT, 2025
TABLE OF CONTENTS
PREAMBLE :
SECTIONS :
CHAPTER I
PRELIMINARY
1. Short title commencement
2. Definitions.
CHAPTER II
DEVELOPMENT AND OPERATION OF HIGHWAYS
3. Declaration of certain roads as State Highways
4. State Highways to vest in the State Government
5. Power to acquire land.
6. Development and Operation of highways
7. Power to issue directions to the Authority.
8. Levy fees for services or benefits rendered on Highways and exemption.
9. Agreements for Development and operation of Highways
CHAPTER III
CONTROL ZONE APPURTENANT TO HIGHWAYS
10. Restrictions on land in a control zone.
11. Prohibition of construction within control zone.
12. Exemption for certain works.
13. Reconstruction of demolished buildings.
14. Regulation of access in control zone.
15. Restriction on change in land use.
16. Levy of betterment charges in control zone.
17. Removal of unauthorised construction .
CHAPTER IV
CONTROL OF ACCESS TO HIGHWAYS
18. Restrictions on use of highways.
19. Restrictions on access to highways.
20. Procedure for permission of access to highways.
21. Regulation or diversion of access, ctc.
CHAPTER V
REGULATION OF TRAFFIC
22. Regulate the traffic.
23. Prohibition of use of heavy vehicles o certain highways.
24. Temporary closure of traffic on highway.
25. Permanent closure of highway.
26. Power to restrict the use of highway.
27. Prevention and repair of damage to highway.
28. Prohibition to leave vehicles or animals in dangerous position.
29. Construction on highway land.
CHAPTER VI
PREVENTION OF UNAUTHORISED OCCUPATION
30. Restrictions on occupation of highway land.
31. Grant of license for temporary use.
32. Removal of unauthorised occupation.
33. Recovery of cost of removal of unauthorised occupation.
CHAPTER VII
THE ODISHA STATE HIGHWAYS AUTHORITY
34. Constitution of the Authority.
35. Terms and conditions of service.
36. Disqualification.
37. Eligibility for re-appointment.
38. Meetings.
39. Proceeding not to be invalidated.
40. Delegation of powers.
41. Authentication of orders and other instruments of the Authority.
42. Appointment.
43. Power of the State Government to divest.
44. Power of the State Government to supersede the Authority.
CHAPTER VIII
PROPERTY AND CONTRACTS OF THE AUTHORITY
45. Power of the State Government to vest or entrust any highway to the Authority.
46. Transfer of assets and liabilities.
47. Compulsory acquisition of land.
48. Contracts by the Authority.
49. Mode of executing contracts.
CHAPTER IX
FUNCTIONS OF THE AUTHORITY
50. Functions of the Authority.
51. Authority to act on business principles.
52. Power of the Authority.
53. Maintenance plans of highways.
54. Demarcation of boundaries.
55. Exercise of Powers by the Authority.
56. Authority to be bound by directions of the State Government.
CHAPTER X
FINANCE, ACCOUNTS AND AUDIT OF THE AUTHORITY
57. Grants to the Authority by the State Government.
58. Fund of the Authority.
59. Budget.
60. Investment.
61. Powers to borrow.
62. Annual Report.
63. Accounts and audit.
64. Annual report and auditor’s report to be laid before the State Legislature.
CHAPTER XI
OFFENCES AND PENALITIES
65. Unauthorised use of highway.
66. Unauthorised access to highway.
67. Unauthorised occupation of a highway.
68. Use of highway without payment of fee.
69. Unsafe driving.
70. Punishment for causing damage to highway.
71. Defacing road signs and signals.
72. Seizure of vehicle.
73. Seizure or impounding by officer of the concessionaire.
74. Punishment for non-compliance of orders.
75. Power of Police to investigate.
76. Offences by companies.
77. Power to search and seizure.
78. Imposition of Fine.
CHAPTER XII
MISCELANEOUS
79. Delegation of powers by the State Government.
80. District Road Safety Council.
81. Reports of District Road Safety Council.
82. Order.
83. Appeal.
84. Bar of jurisdiction.
85. Inquiry.
86. Public servants.
87. Protection of action taken in good faith.
88. Powers and duties of police.
89. Duty of village officials.
90. Power to enter.
91. Power to make rules.
92. Power of the Authority to make regulations.
93. Act to have overriding effect.
94. Power to remove difficulties.
95. Rules and regulations to be laid before the Odisha State Legislature.
96. Repeal and savings.
The Schedule
LAW DEPARTMENT
NOTIFICATION
The 30th April, 2025
No.7237-1-Legis-05/2025/L -The following Act of the Odisha Legislative Assembly
having been assented to by the Governor on the dated 21st April, 2025 is hereby publish
for general information.
ODISHA ACT 04 OF 2025
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1097, CUTTACK, WEDNESDAY, APRIL 30, 2025 / BAISAKHA 10, 1947
THE ODISHA STATE HIGHWAYS
AUTHORITY ACT, 2025
AN
ACT
to create Odisha State Highways Authority, an autonomous body to
provide a fast-track
approach towards development, operation, safety
and regulation of State Highways and execution of a large number of
high value road projects in an efficient and holistic manner.
The Odisha G a z e t t e
BE it enacted by the Legislature of the State of Odisha in
the Seventy-Sixth year of Republic of India as follows.
PRELIMINARY
1. (1) This Act may be called the Odisha State Highways
Authority Act, 2025.
(2) It extends to the whole of the State of Odisha.
(3) It shall come into force on such date, as the State
Government may, by notification in the Odisha Gazette,
appoint:
Provided that different dates
may be appointed for different
provisions of this Act and any reference in any such provision to
the commencement of this
Act shall be construed as a reference
to the coming into force of that provision.
2. In this Act, unless the context otherwise requires, -
(a) “Authority” means the Odisha State Highways
Authority constituted under section 34;
Short title,
extent and
commencement.
Definitions.
CHAPTER I
(b) “building” includes any erection of whatsoever material
and in whatsoever manner constructed (including a farm-
building for agricultural purposes) and also includes plinths,
door steps, walls (including compound walls and fences)
advertisement boards and the like;
2
(c) “chairperson” means the Chairperson of the Authority;
(d) “collector” means the Collector of a District and
includes any officer specially appointed by the State
Government to perform the functions of a Collector under
this Act;
(e) “control zone” means the area of land
appurtenant to a highway and situate within the distance
specified in sub-section (1) of Section 10;
(f) “concession” means the rights and obligations
specified in a contract entered into between the state
government or the authority, as the case
may be, and any
person for development, financing and operation of a state
highway or part thereof, and includes a contract for operation
of, and levy and collection of fees on, a state highway;
(g) “concessionaire” means a person who has ent ered
into a contract with the State Government or the Authority,
as the case may be, for and in respect of a concession;
(h) “development”, in relation to a state highway, includes
its designing, construction, renovation, refurbishing,
augmentation, upgradation and other activities incidental
thereto, and “develop” shall be construed accordingly;
(i) “encroachment” means unauthorised occupation of
any highway or part thereof and includes,-
(i) the erection of a building or any other
structure, balconies, thresholds, porches or
3
projections on, over or overhanging the
highway;
(ii) occupation of highway beyond the
prescribed period, if any, for stacking materials
or goods of any description or for exhibiting
articles for sale, or for erecting poles, awnings,
tents, pandals, and other similar erection, or for
parking vehicles or stabling domestic
animals, or for any other purposes; and
(iii) excavations or embankments of any
kind made or extended on any highway land;
(j) “erect”, with all its grammatical variations, in relation to
a building, means to construct, reconstruct, extend or alter
structurally a building;
(k) “excavation”, in relation to a piece of land, means
piercing the surface of that piece of land and includes digging
of wells and tanks;
(l) “expressway” means a highway having a controlled
access thereto with a limited number of intersections and a
divider between lanes for traffic moving in opposite directions;
(m) “highway” or “state highway” means any road for
the time being declared as a state highway under section 3
and shall include all land situate within the boundaries of
such road;
(n) “land” includes benefits arising out of the land and
things attached to the earth or permanently fastened to
anything attached to the earth;
(o) “Land Acquisition Act, 2013” means the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 and includes any
modification, amendment or re-enactment thereof;
(p) “member” means a member of the Authority appointed
under section 34 and includes the Chairperson;
Act 30 of
2013.
4
(q) “occupier” includes,-
(i) any person who for the time being is
paying or is liable to pay to the owner rent or any
portion of the rent of the premises in respect of which
such rent is paid or payable;
(ii) an owner living in or otherwise using the
premises;
(iii) a rent-free tenant;
(iv) a licensee in occupation of any premises;
and
(v) any person who is liable to pay to the
owner damages for the use and occupation of any
premises;
(r) “operation”, in relation to a highway, includes its
maintenance, repair, modification, improvement, management
and regulation, and “operate” shall be construed accordingly;
(s) “owner”, means and includes, -
(1) when used with reference to any
premises, the person who receives the rent of the
said premises or who would be entitled to receive
the rent thereof if the premises were let, and
includes,-
(i) an agent, manager or trustee, by
whatever name called, who has control over the
premises or who receives rent on behalf of the
owner;
(ii) an agent, manager or trustee who
receives the rent of, or is entrusted with, or
concerned with, any premises devoted to
religious or charitable purposes;
5
(iii) receiver, sequestrator or manager
appointed by any court of competent jurisdiction;
and
(iv) a mortgagee in possession. ;
(2) when used with reference to an
institution or a body corporate, the principal officer
of such institution or body corporate;
(3) when used with reference to a vehicle,
the person who own or controls that vehicle. ;
(t) “person” shall include any company or association or
body of individuals, whether incorporated or not;
(u) “prescribed” means prescribed by rules made under
this Act;
(v) “regulations” means regulations made by the Authority
under this Act;
(w) “Revenue Divisional Commissioner” means the
Commissioner of a Division and includes any officer specially
appointed by the State Government to perform the functions of
a Div
isional Commissioner under this Act;
(x) “rules” means rules made by the State
Government under this Act;
(y) “Schedule” means Schedule appended to this Act;
(z) “State Government” means the Government of
the State of Odisha;
(za)“survey” includes all operations incidental to the
determination, measurement and record of a boundary or
boundaries or any part of a boundary and also includes a
resurvey;
(zb) “user” means a person who is authorised to use a
highway under the provisions of this Act and includes any
person who uses a highway in discharge of his functions and
duties under any law for the time being in force;
6
(zc)“v
ehicle” means and includes a vehicle of every
description of carriage or other artificial contrivance used, or
capable of being used, as means of transportation on land; and
(zd)“wayside amenities” means and includes hotel,
motel, restaurants, service stations, hospitals, trauma centres,
shopping complexes, office complexes, transport and tourism
facilities, warehousing, logistic hubs, entertainment complexes,
associated services, residential premises and other amenities
or facilities that may be useful for travellers and for areas
surrounding a highway.
CHAPTER II
DEVELOPMENT AND OPERATION OF HIGHWAYS
3. (1) Each of the extant Highways included in the
Schedule is hereby declared to be a state highway under
this Act.
(2) The State Government may, by notification,
declare any road to be a state highway under this Act and
on the publication of such notification such road shall be
deemed to be included in the Schedule.
(3) The State Government may, by notification,
omit any highway from the Schedule and, on the publication
of such notification, the highway so omitted shall cease to
be a state highway under this Act.
4. (1) All state highways shall vest in the State
Government as the owner thereof, and for the purposes of
this Act such highways shall include,−
(i)
all lands appurtenant thereto, whether
Declaration of certain
roads as State highways.
State highways to
vest in the State
Government.
demarcated or not;
7
(ii) all bridges, culverts, tunnels, causeways,
carriageways and other structures constructed on or
across such highways;
(iii) all road furniture, signals, sign boards, fences,
trees, posts and boundary stones of such
highways or any land appurtenant to such highways;
(iv) all way side amenities; and
(v) any land acquired by the Authority has the right
to give for any purpose as desired for activities such
as new township, industrial estate, tourism
destination.
(2) The State Government shall cause to be maintained a
record of state highways and lands comprising each highway
in such manner as may be prescribed by rules made in this
behalf. Any records of the lands comprising state highways
maintained on or before the date of commencement of this
Act shall be deemed to be records for the purposes of this
section and the State Government shall be deemed to be the
owner of such state highways and the lands forming part
thereof.
(3) Any person claiming against the ownership of the
State Government referred to in sub-section (2) shall make
written complaint to the State Government and prove his
claim before it and the State Government may, after
considering the evidence produced by such person, correct
such records or reject the claim.
8
(4) The Authority shall have power to monetise its
assets to build its fund and create structure to mobilise funds
to strengthen its financial position and liability to take up more
projects.
5. Where the State Government is satisfied that
for a public purpose any land is required for the
development of an existing or new highway, any other
road, or part thereof, any pattern of land which will be
required to develop new cities, industrial estate, tourist
destination etc which can be monetized to enhance
corpus or capital fund for development of state highway,
it may, by notification, declare its intention to acquire
such land and land acquisition shall be done by the State
Government or the Authority in accordance with
provisions and processes laid down in the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
6. (1) The State Government shall develop and
operate all state highways provided, that it may, by
notification, direct that any function in relation to the
development and operation of any highway shall,
subject to such conditions, if any, as may be specified
in the notification, also be exercisable by the Authority
or by any officer or authority subordinate to the State
Government or to the Authority, in accordance with
such rules as the State Government may prescribe.
(2) The State Government may regulate the
operation of highways by rules to be made for and in
respect of,-
Power to
acquire land.
Development and
Operation of highways.
30 of 2013.
9
(a) upkeep and inspection of highways;
(b) safety of users;
(c) road safety standards and procedures;
(d) the manner of preventing obstructions on
highways;
(e) the manner of prohibiting the parking or waiting
of vehicles on highways, except at places
earmarked for this purpose;
(f) the manner of prohibiting or restricting access to
any part of the highways;
(g) the manner of regulating or restricting
advertisements on and around highways; and
(h) generally for the efficient and proper operation of
highways.
7. The State Government may give directions to
the Authority as to the carrying out of any of the provisions
of this Act or of any rule, notification or order made
thereunder, or for discharging any functions or duties of the
State Government or for exercising any powers of the State
Government under this Act, and the Authority shall comply
with such directions forthwith.
8. (1) No vehicle shall enter or use a highway
without payment of fee levied under sub-section (2) in the
form
and manner prescribed by the State Government or
in accordance with any exemption thereof, and it shall
be
the duty of the owner or occupier of a vehicle to tender
such fee in the form and manner prescribed by the
State Government.
(2) The State Government may, by notification levy fees at
such rates as may be laid down by rules made in this
behalf for services or benefits rendered in relation to the use
Power to issue
directions to the
Authority.
Levy fees for
services or
benefits
rendered on
Highways and
exemption.
10
of highways or parts thereof, including the use of ferries,
permanent bridges, temporary bridges or tunnels.
(3) Such fees when so levied shall be collected in
accordance with the rules made under this Act and any
person who in any manner avoids or evades the collection of
fees shall, without prejudice to any other provisions of this
Act, be liable to payment of a fine equal to one third of the
fees payable by such person.
(4) Any fee leviable immediately befo re the
co
mmencement of this A ct for services or benefits rendered
in relation to the use o f a highway shall continue to be
leviable unde r th is Act un less and un til it is altered in
exercise of the
powers conferred by sub-section (2).
(5) The State Government may exempt vehicles engaged
in defence, security, law and order, firefighting,
crime prevention, medical emergencies or such other
public purposes, as it may prescribe, from payment of fees
under this section.
9. (1) Notwithstanding anything contained in this Act, the
State Government or the Authority, as the case may be,
may enter into an agreement with any person or legal entity
in relation to the development and operation of the whole or
any part of a highway, and such agreement may, where
deemed necessary, include the terms and conditions for
development of wayside amenities, habitations, townships,
industrial corridors or any other infrastructure or facilities in
the vicinity of such highway:
Prov
ided that no such agreement shall be
entered into except with a person or legal entity who has
been selected through a process of open competitive
bidding on such terms as may be approved by the State
Government:
Agreements for
Development
and operation of
Highways.
11
Provided further that the development of habitations,
townships and industrial corridors shall be undertaken in
conformity with the applicable laws.
(2) Notwithstanding anything contained in section 8, the
person or legal entity referred to in sub-section (1) shall be
entitled to collect and retain fees in such manner and at all
such rates as may be prescribed by rules made under
section 8 and in accordance with the terms of the agreement
referred to in sub-section (1).
(3) A person or legal entity referred to in sub-section (1),
including its employee who has been authorised in this
behalf by such person or by the State Government or the
Authority, shall have powers to regulate and control the
traffic in accordance with the provisions of this Act on the
highway forming subject matter of the agreement referred to
in sub-section (1), for safe and orderly operation and
management thereof.
(4) A person or legal entity referred to in sub-section (1)
may use, or cause to be used, or sub-licence, the land or
property forming part of a highway, in accordance with the
provisions of this Act and the rules made thereunder, as if
such person or legal entity is the State Government or the
Authority, as the case may be, but always subject to the
provisions of the agreement referred to in sub-section (1).
CHAPTER III
CONTROL ZONE APPURTENANT TO HIGHWAYS
10. (1) Notwithstanding anything contained in any law for
the time being in force, no person shall use, and no authority
shall permit the use of, any land which lies within a control
zone comprising the area appurtenant to a highway and
situated between the boundary of such highway and a
distance of twenty five (25) meters from such boundary,
Restrictions
on land in a
control zone.
12
save and except for the purposes of agriculture, horticulture,
animal husbandry or afforestation, which purposes shall not
include the construction of any permanent structures or
buildings:
Provided that the provisions of this section shall apply
within a distance of fifteen meters from the boundary of any
part of a highway where such part of the highway is situated
within the municipal limits of a town or a village abadi:
Provided further that the State Government may at
any time acquire, any or all land a nd buildings forming part
of the control zone, under this Act for development and
expansion of the highway or any wayside amenities:
Provided also that the restrictions on the control zone
hereunder shall not apply to the use of any land, or any
building or structure thereon, to the extent such use of land,
or any building or structure thereon, was lawfully in
existence at the commencement of this Act or where such
building or structure is being repaired, improved or modified
without any alteration in the building line comprising its
length, width and height:
Provided also that in the event of a doubt or dispute
in respect of the width and boundary line of a highway, such
width and boundary line shall be deemed to be determined
by reference to the nearest section of such highway on
which there is no doubt or dispute in respect of the width
and boundary line thereof:
Provided also that the control zone for every
highway included in the Schedule at the commencement of
this Act shall be determined with reference to the date on
which this Act comes into force and in respect of any
highway included in the Schedule by notification under sub-
section (2) of section 3, the control zone thereof shall be
determined with reference to the date of such notification,
13
and any extension of a highway boundary subsequently shall
not alter the control zone.
(2) The State Government may by rules to be made in
this behalf authorise the use of any class, category or
location of lands referred to in sub-section (1) for such
purposes and subject to such conditions, including payment
of fees, as may be prescribed.
11. (1) No person shall, on any land situated within the
co
ntrol zone save and except in accordance with a general
or special permission granted under this Act. ,─
(i) construct, form or layout any means of
access to or from a highway; or
(ii) erect any building; or
(iii) materially alter any existing buildingby
increasing its height, length or
width, as the case may be; or
(iv) make or extend any excavation; or
(v) construct or layout any work.
(2) Any person who proposes to construct any building
or other work within the control zone shall make an
application in writing to the State Government or an officer
authorised by the State Government in this behalf, in such
form and containing such information as may be
prescribed in respect of the building, alteration, excavation,
works or means of access, as the case may be, to which
the application relates.
(3) On receipt of an application under sub-section (2),
the State Government or the officer authorised by the State
Government in that behalf shall, after making such enquiry
as it may consider necessary, by order in writing, either,-
(a) grant the permission subject to such conditions,
Prohibition of
construction
within control
zone.
14
if any, as may be specified in the order; or
(b) refuse to grant such permission:
Provided that -
(i) the permission required under sub-
section (3) for carrying out any excavation,
construction, formation or laying out of works in
land for the purpose of repairing, renewing,
enlarging or maintaining any underground
sewer, drain, electric line, pipe, duct or other
apparatus shall not be withheld, but may be
granted subject to such conditions as may be
necessary for securing that such sewer, drain,
electric line, pipe, duct or other apparatus shall
be laid in such manner and at such levels that
the construction, development or maintenance
of a road there over will not be prevented or
prejudicially affected thereby;
(ii) the permission under sub-section (3) for
erection, re-erection or alteration of a building or
the making or extending of any excavation
which conform to the requirements of safety and
convenience of traffic on the adjoining road shall
be neither withheld nor made subject to any
unreasonable conditions;
(iii) no permission shall be required for the
following works, namely: -
(a) agriculture; or
(b) horticulture; or
(c) pisciculture; or
(d) pasture; or
(e) poultry farming; or
(f) dairy farming; or
15
(g) construction of wells, tube wells
and bore wells.
(4)
When permission is refused under sub-section (3),
the reasons thereof shall be recorded and communicated to
the applicant:
Prov
ided that nothing therein contained shall debar a
person from making a fresh application after omitting
therefrom the objectionable features on account of which
such permission was refused.
(5) Upon receipt of an application made under sub-
section (2), the State Government or the officer authorised
by the State Government in this behalf shall dispose of the
same within a period of three months.
(6) The State Government or an officer authorised
by the State Government in this behalf shall maintain a
register with sufficient particulars of all permissions given or
refused by it under this section and such register shall be
available for inspection free of charge by all persons
interested and such persons shall be entitled to take
extracts therefrom.
(7) Whoever erects alters or extends any building
or makes any excavation or constructs any means of access
to or from highway or does any work in conversation, on
conviction shall be punished,−
(i)
With fine which may extend to Rs 500000;
(ii) With further fine which may extend to 100 00
rupees for each day after such conviction during which the
offending structure or work is not removed, demolished or
cleared and the site not
restored to its original condition.
16
12. The restrictions under Chapter III of the Act shall not
apply to any excavation or works necessary for the repair,
renewal, enlargement or maintenance of any sewer, drain,
electric line, pipe, duct or other apparatus constructed in or
upon the land comprising a highway before the date of
commencement of this Act, or where such works are
undertaken with the consent of the State Government on or
after such commencement.
13. If any building or part thereof, situate within the
control zone and erected before the commencement of this
Act, has, either entirely or in greater part, been taken down,
burnt down or fallen down, such building or part thereof,
shall be rebuilt only in accordance with this Act.
14. The State Government may, if it considers
necessary in the interests of safety or smooth movement
of traffic, by notification to be published in two State level
newspapers having wide circulation, at least one of which
shall be in Odia language, regulate or divert any existing right
of access to the highway across the control zone:
Provided that any existing right of access shall not be
diverted until alternative access has been given within a
reasonable distance.
15. (1) No agricultural land situated within the control
zone shall be diverted or converted for non-agricultural
purposes without the prior sanction of the State Government
or an officer authorised by the State Government in this
behalf and subject to any general or special directions of the
State Government.
(2) Notwithstanding anything contained in this act, no
permission for change in land use or for diversion of
agricultural land for non-agricultural purposes shall be
granted in respect of any land forming part of the control
zone and situate within a distance of twenty-five meters from
Exemption for certain
works.
Reconstruction of
demolished
buildings.
Regulation
of access in
control
zone.
Restriction
on change
in land use.
17
the boundary of a highway, save and except any permission
which may be granted under this Act for construction of
wayside amenities:
Provided that the restriction under this section shall not
apply to the control zone situate within municipal limit.
16. Any permission for change in land use under section 15
shall be granted in accordance with applicable laws and
subject to payment of betterment charges to the State
Government or the Authority, as the case may be, for an
amount equal to the market value of the land to be
determined in accordance with the provisions of Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
17. Any construction, works or excavation carried out in
violation of the provisions of Chapter III of this Act shall be
liable to removal under section 32 as if it is an unauthorised
occupation of the highway, and shall be punishable as if it is
an offence under the provisions of section 67 of this Act.
CHAPTER IV
CONTROL OF ACCESS TO HIGHWAYS
18. (1) No person or vehicle shall enter into, or use
a highway except as authorised by this Act or the rules
made thereunder.
(2) No pedestrian shall enter into, or walk on, a
highway except in any area or zone which is specially
demarcated for this purpose.
(3) No non-motorized vehicle, including a cycle, or
any motorized vehicle which cannot achieve the maximum
speed specified for a highway, not being a road having a
carriageway width of less than ten meters, shall enter into,
or use that highway except to the extent of use of a lane, if
Levy of
betterment
charges in
control zone.
Restrictions
on use of
highway.
Removal of
unauthorised
construction.
30 of 2013.
18
a
ny, earmarked for such vehicles. Provided, however, that
the State Government may, by notification permit or
authorise access in such manner, to such extent and for
such period as may be specified therein.
(4) Any person or vehicle using a highway in
discharge of its functions and duties under any law for the
time being in force shall be deemed to be authorised to
use that highway under this Act. Provided, however, that
nothing contained herein shall relieve such person or
vehicle from its obligation to pay fees in accordance with
the provisions of section 8.
19. (1) No person shall connect any highway or part
the
reof with any road or passage except in accordance
with the permission granted by the State Government or
an officer authorised by the State Government in this
behalf and subject to such conditions as may be specified
in that permission.
(2) No person shall have right of access to a highway
either through any vehicle or on foot by a group of five or
more persons except in accordance with the provisions of
this Act or as permitted by the State Government either
generally or specifically in the manner specified in section
20.
(3)
The access to a highway under sub-section (1)
and sub- section (2) shall be subject to the guidelines and
instructions issued by the State Government from time to
time.
(4) The State Government may, by notification
declare an expressway comprising a highway or any
portion thereof to be limited for access in the manner as
specified in such notification and may also impose any
restriction or control on such access to, from or across
Restrictions
on access to
highways.
19
such highway as specified in that notification.
20. (1) The general permission under sub-section (2)
of section 19, including any terms and conditions thereof,
shall be given by issuing a notification for such purpose
and specific permission under that sub-section shall be
given in the manner specified hereinafter under this
section.
(2) Any person or legal entity desirous of obtaining
specific permission referred to in sub-section (1) may
make an application in the prescribed form to the State
Government or an officer authorised by the State
Government in this behalf specifying therein the means
of access to which such permission relates and shall
also be accompanied with such fees as may be
prescribed and the State Government or such officer
s
hall, after considering the application, either give the
permission with or without the terms and conditions as
may be specified therein or reject the application as it
may deem fit.
(3) In case where the permission has been given
in respect of the application made under sub-section (2),
the person or legal entity to whom such permission has
been given shall obtain the licence from the State
Government or the officer authorised by the State
Government in this behalf, in the prescribed form
enumerating therein the terms and conditions, if any,
subject to which such permission has been given, and
such permission shall be renewed after such period and
in such manner as may be prescribed.
(4) If any person or legal entity contravenes the
provisions of sub- section (1) or sub-section (2) of section
Procedure
for
permission
of access to
highway.
20
1
9 or violates any terms and conditions subject to which
permission has been given under sub-section (2)
including non-renewal of licence obtained under sub-
section (3), his access to the highway under the
permission under sub-section (1) or sub-section (3), as
the case may be, shall be deemed to be unauthorised
access and the State Government or the officer
authorised by the State Government in this behalf shall
have the power to remove such access and where
necessary, the State Government or such officer may use
the necessary force with the assistance of the police to
remove such access.
21. (1) Notwithstanding any permission given under
sub-section (1) or sub-section (2) of section 20, an officer
authorised by the State Government in this behalf shall
have the power, in the interest of the safety and
convenience of the traffic, to refuse, regulate or divert any
proposed or existing access to the highway.
(2) Where an existing access is diverted, the
alternative access given in lieu thereof shall not be
unreasonably distant from the existing access.
CHAPTER V
REGULATION OF TRAFFIC
22. (1) Notwithstanding anything contained in this Act,
subject to the provisions of Chapter VIII of the Motor Vehicles
Act, 1988 an officer authorised by the State Government in
this behalf shall have the power to regulate and control the
plying of vehicles on the highway for the proper
management thereof.
Regulation or
diversion of access,
etc.
Regulate the
traffic.
59 of 1988.
21
(2)
If at any time the officer authorised by the State
Government in this behalf is satisfied on the information
received by it or otherwise that any highway or any part
thereof is or has become congested or unsafe for vehicular
or pedestrian traffic by reason of damage or otherwise, it
may, either close the highway or such part thereof to all
traffic or to any class of traffic, or regulate the number and
speed of vehicles to be used on the highway or such part
thereof, as the case may be, in the manner as it may deem
fit.
23. Where the officer authorised by the State
Government in this behalf is satisfied that the surface of a
highway or any part thereof, or any bridge, culvert or
causeway built on or across the highway is not designed to
carry vehicles of which the laden weight exceeds a
prescribed limit, it may, subject to such rules as may be
made in this behalf, prohibit or restrict the plying of such
vehicles on or over such highway or part thereof or such
bridge, culvert or causeway, as the case may be.
24. Where, in exercise of the powers under section
22 or section 23, the officer authorised by the State
Government in this behalf considers it proper for the
purposes of that section to temporarily close a highway or
part thereof or to restrict or regulate traffic on such highway
or part thereof, it may do so in the manner as it may deem
fit.
Prohibition
of use of
heavy
vehicles on
certain
highways.
Temporary
closure of
traffic on
highway.
22
25. (1) Where, in exercise of the powers under
section 22, the State Government or an officer authorised
by the State Government in this behalf deems it necessary
in the interest of the safety of the highway to close the
highway or part thereof, it may, by notification in the Odisha
Gazette, give notice of its intention to the public to do so
specifying therein the time within which the objections and
suggestions received shall be considered under sub-section
(3) and in addition to such notice, it shall also notify the
contents of such notice in at least two State level
newspapers having wide circulation, one of which shall be
in Odia language and another shall be the newspaper being
circulated in such area.
(2) The notice issued under sub-section (1) shall indicate
the alternative route proposed to be provided in lieu of the
highway or part thereof intended to be closed specifying
therein as to whether such alternative route shall be an
already existing highway or shall be newly constructed and
shall also invite objections and suggestions from the
persons affected on such proposal within the time and to be
addressed to the officer as specified in such notice.
(3) The State Government or the officer authorised by the
State Government in this behalf shall, after considering the
objections and suggestions, if any, received within the time
specified in such notice, take a decision on the proposal for
closure and shall act in accordance with such decision.
Permanent
closure of
highway.
23
26. If the State Government or an officer authorised
by the State Government in this behalf is satisfied that it is
necessary in the interest of public safety or convenience, or
because of the nature of any road or bridge so to do, it may,
by notification prohibit or restrict, subject to such exceptions
or conditions as may be specified in the notification, the use
of any highway or part thereof by a class or classes of traffic
either generally or on specified occasion or time as
specified in the notification and when such prohibition or
restriction is imposed, the State Government or such officer
shall cause such traffic signs to be placed or erected at
suitable places for the convenience of the traffic as may be
prescribed:
Provided that where any prohibition or restriction under
this section is to be retained for a period of one month or
less, such prohibition or restriction may be imposed without
issuing notification in the Odisha Gazette:
Provide
d further that the prohibition or restriction
imposed under the first proviso shall be published widely for
the knowledge of the users by other possible means.
27. (1) No person who is in charge of, or in possession
of, any vehicle or animal shall, wilfully or negligently, cause,
or allow such vehicle or animal to cause, any damage to any
highway.
(2) Where, in contravention of s ub-section (1), any
damage has been caused to any highway, the State
Government or an officer authorised by the State Government
in this behalf shall have such damage repaired at the
expense of the State Government, and such expenses
together with fifteen per cent thereof as additional charges
shall, without prejudice to any other action which may be
taken against the person who has so contravened sub-
Prevention
and repair
of damage
to highway.
Power to
restrict
the use of
highway.
24
se
ction (1), be recovered from him in accordance with the
provisions contained in section 33 as if such expenses and
additional charges were the expenses and additional charges
recoverable under that section.
28. (1) No person in charge of, or in possession of, any
vehicle or animal shall allow such vehicle or animal to stand
or proceed on a highway unless the sa me is under such
safety or other control as may be prescribed.
(2) Where any obstruction on the highway is caused in
contravention of sub-section (1), the vehicle or animal causing
such obstruction shall be caused to be towed away by the
officer authorised by the State Government in this behalf and
the vehicle or animal so towed away shall be taken into
possession by such officer and shall be handed over to the
owner thereof upon payment of the expenses incurred by
such officer in such removal and shall be liable to fine imposed
by such officer, which shall not be less than one thousand
rupees and not more than five thousand rupees.
(3) In case where the expenses and fine in respect of the
vehicle or animal taken into possession under sub-section (2)
have not been paid under that sub-section within a month of
issuance of the notice or any other time period notified
therein, the officer authorised by the State Government in this
behalf shall sell such vehicle or animal by auction and the
proceeds of the auction shall be the property of the State
Government.
(4) Any person who has unauthorised occupation on a
highway land shall be summarily evicted by the officer
authorised by the State Government in this behalf in the
manner specified in section 32 for removal of unauthorised
occupation and shall be liable to fine imposed by such officer,
which shall not be less than Five thousand rupees per square
meter per week of the unauthorisedly occupied land by him
Prohibition to
leave vehicles
or animals in
dangerous
position.
25
b
ut which may be extended to the cost of private land
adjacent to the highway. Unless expressly notified, five
thousand rupees per square meter per week fine stated
hereinabove will automatically increase by 10% at the end of
each year from the notification.
29. (1) Notwithstanding anything contained in any
other law for the time being in force, no person or legal entity
shall construct, install, shift, repair, alter or carry any poles,
pillars, advertisement towers, transformers, cable wire, pipe,
drain, sewer, canal, railway line, tramway, telephone boxes,
repeater station, street, path or passage of any kind on a
highway or across, under or over any highway except in
accordance with the prior permission in writing of the State
Government or an officer authorised by the State Government
in this behalf.
(2) Any person or legal entity who intends to obtain the
permission under sub-section (1) shall make an application in
the prescribed form to the officer authorised by the State
Government in this behalf, containing therein the purpose and
period of occupancy of a highway, location and part of the
highway to be occupied, method of execution of work, period
of construction and method of restoration of such part of the
highway.
(3) The officer authorised by the State Government in this
behalf shall consider the application made under sub-section
(1) and if it is satisfied that there is no alternative where land
can be found to locate the public utility at a site other than the
highway in respect of which the permission is sought under
the application, it may give permission in writing as sought in
the application:
Provided that while giving such permission, such officer
may impose such conditions as it may deem fit to protect,-
Construction
on highway
land.
26
(i) the highway from damage; and
(ii) the traffic on the highway from obstruction, and
may also impose such fees and other charges as may be
prescribed on the person or legal entity to whom such
permission is gExcerpt shown. Open the full act in Lexace.