The Odisha Escheats Act, 1979

 
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The Orissa Express Highway Act, 1964 
 
Act 8 of 1964 
 
 
 
 
 
 
 
 
Keyword(s): 
Express Highway 
 
 
ORTSSA ACT 8 OF 1964 
TIPE ORISSA EXPRESS HIGHWAY ACT, 1964 
CONTENTS 
1. Short title, extent and commerlccmcnt 
2. Definitions 
3. Declaration of Express Highway 
4. Restrictions on the right of user 
5. Regulation of uscr by permits and licences 
6. Levy of tds 
7. DeIcgation of powcrs 
8. Penalty 
9. Compounding of offcnces 
10. Bar of suits, etc. 
11. Powcr to makc rules 
12. Act to override ot11c1 laws 
13. Savings 
14. Removal of difficulties 
[ a-73 (a) Law I 
ORISSA ACT 8 OF 1964 
'[THE ORISSA EXPRESS HIGHWAY ACT, B46Gi 
[ fieceivcd the nsseilt of the Gove~~rzor 011 rJle lsk 
Mny 1964, jl-sr publislled i71 all exfl-nordi- 
tta1.y iswe of the Orissa Gazeite+ 
clnted the 7th May 1964 ] 
AN ACT TO PROVIDE FOR TIE CONSTRUCTION, 
MAINTENANCE Am DEVELOPhlENT OF ROADS 
FOR SPECIAL PURPOSES AND SPECIAL 
KINDS OF TRAFFIC AND MATTERS 
INCJDENTAL THERETO 
E it enacted by the Legislature of the State of 
B Orissa in the Fifteenth Year of the Republic of 
India, as follows :- 
1. (1) This Act may bc called the Orissa Express Short titlo. 
Highway Act , 1 964. cxtcnt and 
comrncnce- 
(2) Xi extends to the whole of the State of mcnt. 
Orissa. 
(3) It shall come into force2 on such date as the 
State Government may, by notification, appoint. 
2. In this Act unless the context otherwise Definitions 
requires- 
(a) "express highway" means any road declar- 
ed to be an express highway in accordance with the 
provisions of section 3 and includes- 
(i) any land acquired or demarcated with a 
view to ccnstructing an express highway 
dong it; 
(ii) the slopes, berms, borrow-pits, font-pat hri 
pavements and side and catch and b~i.li 
dary drains attached to such road ; 
(iii) all bridges, culver is, causeways, carriage- 
ways or other structures built on or 
across such roads; and 
1. For S(a1crncnt or Objccts ant1 Rcasons, sce Orissa Cflzelte, Extra- 
ordinary, datcd the g[h Seplcmbcr 1963 (No. 108) and for Rcrort r?T Sclect 
Committee, sce ibid., dated the 12th March 1964 ( No- 472). 
2. Camc into forcc with elrcct from I hc 1 st hugusl 1967-vidc No[i- 
fiation No. I~S97-EW.-llM-53167, dnled tl~c 20111 July 1967, published in 
Ori~ja Gnzellc, dated 1hc lllh August 1967, Pt. 111, p. 998. 
THE ORISSA EXPRESS HIGHWAY ACT, 1964 [ or. Act 8 
(Secs. 3-5) 
(iv) the trees, fences and posts and boundary, 
furIong and mile stones and other high- 
way accessories and materials slacked oa 
the road ; and 
(b) "prescribed" means prescribed by , rules .. 
made under this Act. 
Dcclnratlon 3. (1) Whenever in the opinion of the State 
or express Governmellt it IS expedient in the public interest to 
highway. provide for special conlmunicat ions for the transport 
or any particular class of goods, or for any parti- 
cular class of vehicles, or any particular class of 
traffic the Stale Government may- 
(0) by notificaticln declare any road construc- 
ted for such purposes, defining the limits 
thereof, to be an express highway and in 
like manner alter the said limits; 
(b) from time to time alter or modify all or 
any of the purposes for which such ex- 
press highway may be used; and 
(c) specify from time to time the extent to 
which such user shall be to theexciusion 
of any other user of the road as a 
highway. 
(2) All notifications issued under this section 
shall, as soon as they are issued, be laid before the 
State Legislature for a period of fourteen days 
which may be comprised in one or more sessions and 
shall be subject to such modifications as the Legis- 
lature may make therein during the said-period. 
Rcstriclions 4. Notwithstanding anything to the contrary in 
on Ihc right 
of user, any other law or in any pr~ctice, custom or usazc no 
. right of user in respcct of an express highway shall be 
exercised except in accordance with the provisions of 
this Act and the ruIes, orders and directions made or 
issued thereunder. 
Regulation 5. The State ~overnment may from time to' 
Or pcrmils - and by time havi~g regard to the specific purposes required 
liccn~s. to be served by any express higllway and with a vicvi 
to securing safcty of trafic thereon and the pr-cven- 
tion of damage thereto- 
(a) require permits and Iiceuces to be taken 
put by persons using any express highway 
In such -form and manner, subject to 
such terms and conditions and on pay-, 
merit of such fees, if any, as may be 
prescribed 1 
Provided that no fees shall be required to be paid 
in respect of a - person using sucll highway as a' 
pedestrian; 
(b) subject to such conditions asmay be 
prescribed, prohj bi t or restrict the plying of vehicIes of any laden \+.eight on or over 
such express highway or such part thereof 
as is not designed to carry such vehicles ; 
(c) close the express highway or any portion 
thereof for such period or periods as they 
deem fit for effecting repairs or protective 
works in respect of all or any class of 
traffic; 
(d) impose minimum or maxirnuril limiis and 
other reasonabIe restrictions in respect of 
speed or laden weight of vehicles ; or 
(e) otherwise control and regulate the user of 
such express highway so as to facilitate, 
the unimpeded florv of such traffic for 
~vhicl~ the highway is mainly designed or 
for the time being is specially intended to 
subserve. 
6. (1) The State Government may, in accordance Levy or 
with the rules to be made in that behalf,. levy 
such rates of toil as they may, from time to time 
declare by notification in that behalf, '[for the 
carriage of any goods or for the passage of any 
vehicle or animal ] - upon any express highway 
or portion thereof constructed, developed or 
maintained by thc Siate Government and different 
rates of to I1 may be levied in respect of different 
express . highways, or different portions thereof: 
1. Subslitulcd by thc Orissa Eaprcss EIigIn$,oy (Amcntlrncni) Acl, 1970 (Or, 
AC~ 27 of 1970 1, s. 2 (n 1 . 
Provided that no t 011 shall be levied in respect of 
any overbridgz construcled on or across an express 
highway or in respect of any crossing thereon 
a-pproved by the prescribed authority. 
(2) The collection of such tolls may be placed 
under the management of such persons, subjcct to 
such terms and conditions as the St~te Government 
may deem fit and propcr. 
' [(I-n) The Stab Government may in such 
circumstances and subject to sucI~ condi t ions as 11-tay 
be prescribed and upon application made ill that 
behalf by the owner of any goods, vehicle or animal 
in respect of which toll is leviable under sub-sectinn 
(I), permit such owner to compound 1he toll payabIe 
in respect of the koods, veIzicIe or animal by paying 
in lieu thel-cof a sum fixed in suc11 manner as may be 
prescribed .] 
(3) In csse of non-payment of any such toll on 
demand,theoffiwrs appojntedto collect the same 
rnay seize 2[ the goods, vehicle or animal, as the case 
may be, on which the toll is chargtable or may seize any 
part of the goods or ally part of the burden carried 
by the vehicle or animal ] of suficient value to defray 
the toll ; and, iF any toll along with the cost arising 
from such seizu rc, remains u ndischarged for twenty- 
four hours, I hc case shall bc brought before the oEcer 
ap~ointed to surerintend the collection of the said 
toll, who rnay sell the property seized for discharge 
of the toll, and all cxpenses occasioned by such non- 
paymei~t, seizure and sale, and cause any balance 
that may remain to be returned, on demand, to the 
owner of the property, and the said officer, on receipt 
of the property, shall forthwith issue a notice that, at 
noonaf the next day, exclusive of Sunday, or any 
ciosed Izoliday, he will sell the property by auction: 
Provided that, if, at any time before the sale 
has actu~lly begun, the person whose property has 
I. Inscrtcd hy thc OrisPa Exprcss Highxay (rtm#:n:l,nc.ni) A=!, 1g70(0, 
Act 27 of 1970 ), s. 2 (b). 
- 2. ~~bs~:lucd by ibirl, s. 2 (c) . 
been seized shall tender the amount of all the expen- 
ses incurred, and of double the toll payable by him, 
tile said officer shall forthwith release the property 
seized. 
'C(4) No toll shall be paid for the passage of- 
(a) vehicles belonging to or in the service of 
the Military, Naval or Air Forces of the 
Union; 
(b) any fire service or ambulance vehicle; or 
(c) vehicles belonging to the Police Depart- 
ment of the State Government mhiIe 
carrying police officers on duty.] 
(5) A11 Police Oficers shall be bout~d to assist 
the tollcollectors, when required, in tbe execution 
ofthis Act; and, for the purpose, shall have the same 
po\ver which they Izavc in the exercise of their 
common police. d~ ties. 
(6) Every person, other than the persons 
appointed to coZlect the tolls under this Act, who 
shall Ievy or demand any toll in respect of any ex- 
press highway and also every person who shall un- 
lawfully and extortionately demand, or take any 
0th er or higher toll than the lawfull, toll, or under 
colour of this Act seize or sell any prbperty knowing 
such seizure or sale to be unIawfuI, or io any manner 
unlawfully extort money or any valuable thing from 
any person under colour of this Acl shall be liable on 
conviction before a Magistrate to imprisonment for 
any term not exceeding six calendar months, or to fine -, , 
not exceeding two. hundred rupees, any part of which 
fine may be awarded by the Magistrate to the person 
aggrieved; but this remedy shall not be deemed to 
bar or affect his right to have redress by suit in the 
Civil Court. 
I. Subslitutcd by the Otisn ExPrfis Highwhy (Amendment) Act, 1970 
(Or. Act 27 or 1970). s. 2 (dl. 
'[(7) The proceeds of all tolls ~evied under this 
.Act in respect of any express lG.ligl-~way sl~all be utilised 
in meeting the expenses incurred by ,the State 
Government in thc construction, maintenance and 
developmerlt of that lizl~xvay and for purposes 
ancjlIary or incidental thereto :] 
. - 
Dclcgation 
or  OWC CIS. 7. The State Government may, by notification, delegate their poikrs under all br any of the pro- 
visions of this Act except clause (a) of sub-section (I) 
of section 3, sectioil5, section I1 and section 14 to 
be exercised by any officer or authoi-ity as the State 
Government may deem fit : 
Provided that in exercise of sucIi powers the 
officer or authority concerned shall remain subject 
to the control of the State Goveclirne~~t and to such 
directions as they may issue from time to time in that 
behalf. 
8. Any person found guilty of- ?2uulty 
(n) contravention of any of the provisions of 
this Act oi any iule or order n~ade 
thereunder ; or 
(b) wilful disobedience of nzqf directions issued 
or of any pcollibition or restriction 
imposed under the said provisions or in 
, pursuailce tl~creof; or 
- - (c) causing any damage to or obstruction on 
. -. . any express highway, 
shall on conviction be punished withfine which may 
extend to five hundred rupees, and in cases falling 
under clause (c) $ha11 in addition be Gable to pay the 
cost of repair of such damage or the cost of removal 
of such obstructions, as the case may be. . .- 
OO~POUU- 9. An offence commitled by. 311y person urldec 
diw of this Act may be compounded by any oflicer or offoncci. 
authority, specially empowered by Il~c State Govern- 
ment in that behaIf, on payment of sucll sum as 
such officer or authority [Kay determi~~e and on 
payment thereof- 
(a) do proceedings shall be - cornmenwd 
, , . against such person ; and , 
1. Subslilulcd by thc Orissa Bsprcss Highwa~ ( Amcnd~ncnt ) Act, 1969 
(Or. Act 5 of 1969 ), s. 2. 
(b) if any procezriin~s have already been 
com~nenced 2~2inst such person such 
pi-oceedings shalI not bc further proceeded 
with. 
10. No suit, prosecution or legal proceedings B,, ~r,,:t, 
shall be instituted against any authority or officcr or clch 
person duIy authorised under this Act in respect of 
anythirg in good faith done or intended to be done 
under this Act 01' the rules or orders made 
thereunder. 
11. (I ) The State Government may, by notzca- PO,V,, 1, 
tion and s~ibject to the conditions of previous publi- mnke rulm 
cation, make ruies* to carry out the purposes of this 
Act. 
(2) All rules made under this section shall, as 
sooil as they are made, be laid before the State 
Legislature for a period of fourteen days which may 
be comprised in one or nlore sessions and shall be 
subject lo such modificniions as the Legislature may 
make therein durjns the said pericd. 
12. (1) 011 and after the declaration of a road as Act 10 over ridc othcr an express hi ghlvay u i~dzi clause (a) of sub-sec:ion (1) 
of section 3, the provisians contained in any other 
la~v or ally practice, custom or usase having the 
force of law, corresponding to ar!y of the provisions 
of this Act, and apglicabIe to such road, shall cease 
to have efiect for so long as such declamation remains 
in force. 
(?)Save as ?rovided in sub-section (I) t1i.e 
provisions of this Act and the rules and orders made 
thereunder shall have eEec t notwithstanding any thing 
to the contralay contained in any other law or 
practice, custom or usage having the force of lai~, 
for the time being in force. 
13. Nothing contained in this Act shall- Say i 
(a) have effcct so as to override any of the 
38 or 1956 provision s of tile National Highhirnys Act, 
1956 ; or 
(6) aiTcct the rights of :!nlr local authority to 
make ally excavation for the purpose of 
1 
9 For ruIcs-see Notificslio!~ NO. 1431 7. ~i:~tcd lbc 251i1 Augu5( 1967 
pnblished in Orissn Gnsclfc, ~.ttr:inr.iir.niy, d.llc:l lllc 31st August 1967 
( Xo- IISO). 
19-73 (a) Law] 
66 THE ORISSA EXPRESS HLGHWAY ACT, 1964 [ Or. Act S of 19641 
laying, making, altering, repairing or 
rene1f1ing any senrcr, draiu, I COLITSC 
or other ~wrk ; or 
(c) affect the rigllts of any authol-ity under any 
law for the timc bcj11g in force to erect 
any support or make any excavation for 
the purpose of laying, making, altering, 
repairing or reneiv~ng any main pipe, 
sluice, ivcir, electric line, duct, drain or 
other apparatus in lLespect of g~s, water, 
electricity, I-ailways, tramways or trolly 
vehicles j or 
(d) affect the poiLrers of tllc teleg-aph 
authority under the provisions of the 
Indian Telegraph Act, 1885. 13 oc I~SS 
Rcmovnl 01' 14. If any difficulty arises in giving effect to the 
diflcullics- pr~vjsions of this Act the State Government may, 
by order, do anything not il~consistent with the 
provjsions of this Act or tlie rulcs made thereu~ld er 
which appears to them to be necessary for the 
purposes of removing the dillicul~y, 

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