LexThe Control of National Highways Act, 2002
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THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC)
ACT, 2002
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF HIGHWAY ADMINISTRATIONS AND TRIBUNALS, ETC.
3. Establishment of Highway Administrations.
4. Powers and functions of Highway Administration.
5. Establishment of Tribunals.
6. Compositions of Tribunal.
7. Qualifications for appointment as Presiding Officer.
8. Term of office.
9. Staff of Tribunal.
10. Salary and allowances and other terms and conditions of service of Presiding Officer.
11. Vacancies in Tribunal.
12. Resignation and removal.
13. Financial and administrative powers of Presiding Officer.
14. Jurisdiction, powers and authority of Tribunal.
15. Bar of jurisdiction.
16. Procedure and powers of Tribunal.
17. Conditions as to making of interim order.
18. Execution of orders of Tribunal.
19. Limitation.
20. Appointment of officers to act on behalf of Highway Administration.
21. Delegation of powers.
22. Power to transfer jurisdiction.
CHAPTER III
PREVENTION OF UNAUTHORISED ACCUPATION OF HIGHWAY LAND AND THEIR REMOVAL
23. Highway land to be deemed as property of Central Government.
24. Prevention of occupation of highway land.
25. Grant of lease or licence of highway land for temporary use.
26. Removal of unauthorised occupation.
27. Recovery of cost of removal of unauthorised occupation and fine imposed.
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CHAPTER IV
CONTROL OF ACCESS TO THE NATIONAL HIGHWAYS
SECTIONS
28. Right of access.
29. Procedure for permission to access to Highway.
30. Regulation or diversion of access, etc.
CHAPTER V
REGULATION OF DIFFERENT TYPES OF TRAFFIC ON NATIONAL HIGHWAYS
31. Highway Administration to regulate traffic when Highway deemed unsafe.
32. Prohibition of use of heavy vehicles on certain Highways.
33. Temporary closure of traffic on Highway.
34. Permanent closure of Highway.
35. Power to restrict the use of vehicles.
36. Prevention and repair of damage to Highway.
37. Prohibition to leave vehicles or animals in dangerous position.
CHAPTER VI
REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS, ETC.
38. Construction on highway land.
CHAPTER VII
OFFENCE AND PENALTY
39. Offence and penalty.
CHAPTER VIII
MISCELLANEOUS
40. Right of appellant to take assistance of legal practitioner.
41. Finality of orders.
42. Duty of village officials.
43. Conduct of inquiry.
44. Presiding Officers and employees of the Tribunals, etc., to be public servants.
45. Protection of action taken in good faith.
46. Offences by companies.
47. Procedure for service of notices, etc.
48. Act to have overriding effect.
49. Power to remove difficulties.
50. Power to make rules.
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THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002
ACT NO. 13 OF 2003
[14th January, 2003.]
An Act to provide for control of land within the National Highways, right of way and traffic
moving on the National Highways and also for removal of unauthorised occupation thereon.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .—(1) This Act may be called the Control of National
Highways (Land and Traffic) Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date 1 as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day ”, in relation to a Tribunal, means the date on which such Tribunal is
established under sub-section (1) of section 5;
(b) “building” means any work of construction done in any manner by use of any material and
includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board
and other things fixed with such building;
(c) “construct”, with its gramma tical variations, in relation to a building, means to construct,
reconstruct, erect, re-erect, extend or alter structurally a building;
(d) “cost of land” means the market value of the land as determined by the competent authority of
the State Government o r the Government of the Union territory appointed for such det ermination, as
the case may be;
(e) “Highway” means a National Highway declared as such under section 2 of the National
Highways Act, 1956 (48 of 1956) and includes any Expressway or Express Hig hway vested in the
Central Government, whether surfaced or unsurfaced, and also includes—
(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose
of the Highway or transferred for such purpose by the State Govern ment to the Central
Government;
(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on
or across such Highway; and
(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway
accessories and materials on such Highways;
(f) “Highway Administration” means the Highway Administration established under section 3;
(g) “highway land” means the land of which the Central Government is, or is deemed to be, the
owner under sub-section (1) of section 23;
(h) “land” includes benefits arising out of land and things attached to the earth or permanently
fastened to anything attached to the earth;
1. 27th January, 2005, vide notification No. S.O. 96(E) dated 27th January, 2005, see Gazette of India, Extraordinary, Part II
sec. 3(ii)
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(i) “means of access ” means any permanent means of access, whether private or public, for
vehicles of any kind;
(j) “premises” means any land or building or part of a building and includes—
(i) the garden, grounds and outhouses, if any, appertaining to such buil ding or part of a
building; and
(ii) any fittings affixed to such building or part of a building for the mor e beneficial
enjoyment thereof;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “Tribunal” means the National Highways Tribunal established under sub -section ( 1) of
section 5.
(m) “unauthorised occupation” means any occupation of the highway land, without permission
under this Act for such purpose, by a person who—
(i) is trespasser on the Highway; or
(ii) for the time being is paying or is liable to pay to other person rent or any portion of the
rent of the premises on a Highway; or
(iii) lives in or otherwise uses any premises on a Highway; or
(iv) is a rent-free tenant of any premises on a Highway; or
(v) is a licensee of any premises on a Highway for its possession; or
(vi) is liable to pay damages to the owner of any premises on a Highway for the use or
possession of such premises;
(n) “vehicle” means a barrow, sledge, plough, drag and any wheeled or tracked conveyance of
any description capable of being used on a Highway.
CHAPTER II
ESTABLISHMENT OF HIGHWAY ADMINISTRATIONS AND TRIBUNALS, ETC.
3. Establishment of Highway Administrations.—(1) The Central Government shall, by notification
in the Official Gazette,—
(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers
of the Central Government or the State Government to be known as Highway Administration to
exercise powers and discharge functions conferred on it under this Act; and
(b) define the limits of the Highway within which, or the length of Highway on which, a Highway
Administration shall have jurisdiction:
Provided that the Central Government may, in the notification issued under this sub-section or by
any general or special order, impose any condition or limitation subject to which a Highway
Administration shall exercise powers and discharge functions conferred on it under this Act.
(2) The Centr al Government may establish one or more Highway Administrations for a State or
Union territory or for a Highway under sub-section (1).
(3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and
discharge functions conferred on it under this Act in such manner as may be prescribed.
4. Powers and funct ions of Highway Administration .—A Highway Administration shall exercise
powers and discharge functions throughout its jurisdiction specified under this Act subject to such
conditions or limitations as may be imposed by the notification issued under sub-section (1) of section 3
and by any general or special order made in this behalf by the Central Government.
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5. Establishment of Tribunals .—(1) The Central Government may, by notification in the Official
Gazette, establish one or more Tribunals, to be known as the National Highways Tribunal, to exercise the
jurisdiction, powers and authority conferred on such Tribunal by or under this Act.
(2) The Central Government shall also specify, in the notification referred to in sub -section (1), the
limits of the Highway within which, or the length of Highway on which, the Tribunal may exercise
jurisdiction for entertaining and deciding the appeals filed before it.
6. Composition of Tribunal .—(1) A Tribunal shall consist of one person only (hereinafter referred
to as the Presiding Officer) to be appoin ted, by notification in the Official Gazette, by the Central
Government.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may authorise the
Presiding Officer of one Tribunal to discharge also the functions of the Presiding Officer of another
Tribunal.
7. Qualifications for ap pointment as Presiding Officer .—A person shall not be qualified for
appointment as the Presiding Officer of a Tribunal unless he—
(a) is qualified to be a Judge of a High Court; or
(b) has been a member of the Indian Legal Service and has held a post not less than Grade II of
that Service.
8. Term of office .—The Presiding Officer of a Tribunal shall hold office from the date on which he
enters upon his office till he attains the age of sixty-two years.
9. Staff of Tribunal.—(1) The Central Government shall provide the Tribunal with such officers and
employees as that Government thinks fit.
(2) The officers and employees of a Tribunal shall discharge their functions under general
superintendence of the Presiding Officer.
(3) The salary, allowances and other conditions of service of the officers and employees of a Tribunal
shall be such as may be prescribed.
10. Salary and allowances and other terms and conditions o f service of Presiding Officer .—The
salary and allowances payable to, and the other terms and conditions of service including pension,
gratuity and other retirement benefits of, the Presiding Offic er of a Tribunal shall be such as may be
prescribed:
Provided that neither the salary and allowanc es nor the other terms and conditions of service of the
Presiding Officer shall be varied to his disadvantage after his appointment.
11. Vacancies in Tribunal.—If, for any reason other than temporary absence, any vacancy occurs in
the office of the Presidi ng Officer of a Tribunal, then, the Central Government shall appoint another
person in accordance with the provisions of this Act t o fill the vacancy and the proceedings may be
continued before the Tribunal from the stage at which the vacancy is filled.
12. Resignation and removal .—(1) The Presiding Officer of a Tribunal may, by notice in writing
under his hand addressed to the Central Government, resign his office:
Provided that the said Presiding Officer shall, unless he is permitted by the Central Gove rnment to
relinquish his office sooner, continue to hold office until the expiry of three months from the date of
receipt of such notice or until a person duly appoi nted as his successor enters upon his office or until the
expiry of his term of office, whichever is earlier.
(2) The Presiding Officer of a Tribunal shall not be removed from his office except by an order made
by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by
a Judge of a High Court, in which the Presiding Officer has been informed of the charges against him and
given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the Presiding Officer referred to in sub-section (2).
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13. Financial and administrati ve powers of Presiding Officer .—The Presiding Officer of a
Tribunal shall exercise such financial and administrative powers as may be prescribed.
14. Jurisdiction, powers and authority of Tribunal .—A Tribunal shall exercise, on and from the
appointed day, the jurisdiction, powers and authority to entertain appeals from the orders passed or
actions (except issuance or serving of notices) taken unde r sections 26, 27, 28, 36, 37 and 38 by the
Highway Administration or an officer authorised on its behalf, as the case may be.
15. Bar of jurisdiction.—On and from the appointed day, no court (except the Supreme Court and a
High Court exercising jurisdiction und er articles 226 and 227 of the Constitution) or other authority,
except the Tribunal shall have, or be entitled to exer cise, any jurisdiction, powers or authority in relation
to the matters specified in section 14.
16. Procedure and powers of Tribunal.—(1) The Tribunal shall not be bound by the procedure laid
down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural
justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall ha ve powers to
regulate its own procedure including the places at which it shall have its sittings.
(2) The appeal filed before the Tribunal under section 14 shall be dealt with by it as expeditiously as
possible and endeavour shall be made by it to dispose of the appeal finally within four months from the
date of the receipt of the appeal.
(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same
powers as are vested in a civil court under the Code of Civil Procedure , 1908 (5 of 1908) while trying a
suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an appeal or application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any appeal or application for default or any o rder
passed by it ex parte; and
(h) any other matter which may be prescribed.
(4) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code
(45 of 1860) and the Tribunal shall be deemed to be a civil court fo r all the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
17. Conditions as to making of interim order .—Notwithstanding anything contained in any other
provision of this Act or in any other law for the time bei ng in force, no interim order (whether by way of
injunction or stay or in any other manner) shall be ma de on, or in any proceeding relating to, a n
application or appeal unless—
(a) copies of such application or appeal and of all documents in support of the plea for such
interim order are furnished to the party against whom such application is made or appeal is preferred;
and
(b) opportunity is given to such party to be heard in the matter:
Provided that the Tribunal may dispense with the requirements of clauses ( a) and ( b) and make an
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is
necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may
be; which cannot be adequately compensated in money; but any such interim order shall, if it is not
sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is
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made unless the said requirements have been complied with before the expiry of that period and the
Tribunal has continued the operation of the interim order.
18. Execution of orders of Tribunal .—(1) An order passed by the Tribunal und er this Act shall be
executable by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal shall have all the
powers of the civil court.
(2) Notwithstanding anything contained in sub-section (1), the Tribunal may transmit any order made
by it to the civil court having local jurisdiction and such civil court shall execute the order as if it were a
decree made by that court.
19. Limitation.—Every appeal to the Tribunal under this Act shall be preferred within a period of
sixty days from the date on which the order appealed against has been made:
Provided that an appeal may be admitted after the expiry of the said period of sixty days, if the
appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the
specified period.
20. Appointment of officers to act on be half of Highway Administration .—(1) The Highway
Administration may, if it thinks fit after the approval of the Central Government, by notification in the
Official Gazette, appoint such—
(a) gazetted officer of the Central Government; or
(b) gazetted officer of the State Government; or
(c) officer of the National Highways Authority of India constituted under section 3 of the
National Highways Authority of India Act, 1988 (68 of 1988) or any other authority constituted under
any other enactment, equivalent to a gazetted officer of the Central Government or the State
Government,
to exercise such powers and discharge such functions of the Highway Administration as may be specified
in the notification.
(2) The Highway Administration may specify in the notification under sub -section (1), the limits of
the Highway within which or the length of the Highway on which an officer appointed under that
sub-section shall exercise the powers and discharge the functions.
21. Delegation of powers .—The Central Government may, by notification in the Official Gazette,
direct that any power exercisable by it (except the powers conferred by section 50) under this Act shall,
subject to such condit ions, if any, as may be specifi ed in the notification, be exercisable by a State
Government or any other authority or an officer of the State Government as may be specified in the
notification.
22. Power to transfer jurisdiction .—The Central Government may, at any time, by no tification in
the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause ( b) of
sub-section ( 1) of sect ion 3 to other Highway Administ ration, and on the transfer the Highway
Administration shall cease to have and such other Highway Administration shall, subject to the
conditions, if any, specified in the notification, have all the powers and authority exer cisable by the
Highway Administration before such transfer of jurisdiction.
CHAPTER III
PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND THEIR REMOVAL
23. Highway land to be deemed as property of Central Government.—(1) All lands forming parts
of a Highway which vest in the Central Government or which do not already vest in the Central
Government but have been acquired for the purpose of Highway shal l, for the purposes of this Act, and
other Central Acts, be deemed to be the property of the Central Government as owner thereof.
(2) The Highway Administration shall cause to be maintained a record in the prescribe d manner in
which the particulars of the lands, relating to the Highway, of which the Central Government is the owner
shall be entered and the entries of the particulars of such lands in any record maintained for such purpose
before the commencement of thi s Act shall be deemed to be the entry of the particulars of such lands
made in the first said record and accordingly the Central Governme nt shall be deemed to be the own er of
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the lands regarding which the entries have been made in such records maintained b efore the
commencement of this Act.
(3) Any person claiming against the ownership of the Central Government referred to in
sub-section (2) shall make written complaint to the Highway Administration and prove his claim before it
and the Highway Administration, after considering the evidence produced by such person, may correct
such records or reject the claim.
24. Prevention of occupation of highway land .—(1) No person shall occupy any highway land or
discharge any material through drain on such land without obtaining prior permission, for such purpose in
writing, of the Highway Administration or any officer authorised by such Administration in this behalf.
(2) The Highway Administration or the officer authorised under sub -section ( 1) may, on an
application made by a person in this behalf and having regard to the safety and convenience of traffic,
grant permission to such person—
(i) to place a movable structure on the Highway in front of any building owned by him or to
make a movable structure on support of such building and over the Highway, or
(ii) to put up a temporary lawning or tent or other similar construction or a temporary stall or
scaffolding on the Highway, or
(iii) to deposit or cause to be deposited, building materials, goods, for sale or other articles on any
Highway, or
(iv) to make a temporary excavation for carrying out any repairs or impro vements to adjoining
buildings,
and such permission shall be granted subject to the conditions and on payment of the rent and other
charges by issuing permit in the form as may be prescribed:
Provided that no such permission shall be valid beyond a period of one month at a time from the date
on which the permission has been granted unless it is renewed by the Highway Administration or such
officer on an application made by such person for the renewal of the permission.
(3) The permission granted under sub-section (2) shall specify therein—
(i) the time up to which the permission is granted;
(ii) the purpose of such permission;
(iii) the portion of the Highway in respect of which the permission has been granted,
and shall be accompanied with a plan or sketch of such portion of Highway.
(4) The person, to whom the permit has been issued under sub -section (2), shall produce the permit
for inspection whenever called upon to do so by any officer of the Highway Administration and shall, on
the expiry of the pe rmission granted under such perm it, restore the portion of the Highway specified in
the permit in such condition as it was immediately b efore the issuing of such permit and deliver the
possession of such portion to the Highway Administration.
(5) The Highway Administration or the officer issuing the permit under sub-section (2) shall maintain
a complete record of all such permits issued, a nd shall also ensure in every case at the expiration of the
period up to which the permission under a perm it is granted under that sub -section that the possession of
the portion of the Highway in respect of which such permission was granted has been delive red to the
Highway Administration.
25. Grant of lease or licence of highway land for temporary use .—The Highway Administration
or the officer authorised by such Administration in this behalf may, having regard to the safety and
convenience of traffic and s ubject to such conditions as may be prescribed and on payment of prescribed
rent or other charges, grant lease or licence of highway land to a person for temporary use:
Provided that no such lease shall be valid for more than five years at a time from the date on which
such lease has been granted unless renewed by the Highway Administration or such officer.
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26. Removal of unauthorised occupation .—(1) Where the Highway Administration or the officer
authorised by such Administration in this behalf is of the opinion that it is necessary in the interest of
traffic safety or convenience to cancel any permit issued under sub-section (2) of section 24, it may, after
recording the reasons in writing for doing so, cancel such permit and, thereupon, the person to who m the
permission was granted shall, within the period specified by an order made by the Highway
Administration or such officer restore the portion of the Highway specified in the permit in such condition
as it was immediately before the issuing of such per mit and deliver the possession of such portion to the
Highway Administration and in case such pers on fails to deliver such possession within such period, he
shall be deemed to be in unauthorised occupation of highway land for the purposes of this section a nd
section 27.
(2) When, as a result of the periodical inspection of highway land or otherwise, the Highway
Administration or the officer authorised by such Administration in this behalf is satisfied that any
unauthorised occupation has taken place on hig hway land, the Highway Administration or the officer so
authorised shall serve a notice in a prescribed form on the person causing or responsible for such
unauthorised occupation requiring him to remove such unauthorised occupation and to restore such
highway land in its original condition as before the unauthorised occupation within the period specified in
the notice.
(3) The notice under sub -section (2) shall specify therein the highway land in respect of which such
notice is issued, the period within whi ch the unauthorised occupation on such land is required to be
removed, the place and time of hearing any representation, if any, which the person to whom the notice is
addressed may make within the time specified in the notice and that failure to comply with such notice
shall render the person specified in the notice liable to penalty, and summary eviction from the highway
land in respect of which such notice is issued, under sub-section (6).
(4) The service of the notice under sub -section (2) shall be ma de by delivering a copy thereof to the
person to whom such notice is addressed or to his agent or other person on his behalf or by registered post
addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed
by such person or his agent or other person on his behalf or an endorsement by a postal employee that
such person or his agent or such other person on his behalf has refused to take delivery may be deemed to
be prima facie proof of service.
(5) Where the service of the notice is not made in the manner provided under sub -section ( 4), the
contents of the notice shall be advertised in a local newspaper for the knowledge of the person to whom
the notice is add ressed and such advertisement sh all be deemed to be the se rvice of such notice on such
person.
(6) Where the service of notice under sub -section ( 2) has been made under sub -section ( 4) or
sub-section (5) and the unauthorised occupation on the highway land in respect of which such notice is
served has not been re moved within the time specified in the notice for such purpose and no reasonable
cause has been shown before the Highway Administration or the officer authorised by such
Administration in this behalf for not so removing unauthorised occupation, the Highway Administration
or such officer as the case may be, shall cause such unauthorised occupation to be removed at the
expenses of the Central Government or the State Government, as the case may be, and impose penalty on
the person to whom the notice is add ressed which shall be five hundr ed rupees per square metre of the
land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the
penalty may be extended equal to such cost.
(7) Notwithstanding anything contained in th is section, the Highway Administration or the officer
authorised by such Administration in this behalf shall have power without issuing any notice under this
section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in
the nature of—
(a) exposing any goods or article—
(i) in open air; or
(ii) through temporary stall, kiosk, booth or any other shop of temporary nature,
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(b) construction or erection, whether temporary or permanent, or
(c) trespass or other unauthorised occupation which can be removed easily without use of any
machine or other device,
and in removing such occupation, the Highway Administration or such officer may take assistance of the
police, if necessary, to remove such occupation by use of the reasonable fo rce necessary for such
removal.
(8) Notwithstanding anything contained in this section, if the Highway Administration or the officer
authorised by such Administration in this behalf is of the opinion that any unauthorised occupation on the
highway land is of such a nature that the immediate removal of which is necessary in the interest of—
(a) the safety of traffic on the Highway; or
(b) the safety of any structure forming part of the Highway,
and no notice can be served on the person responsible for such unauthorised occupation under this section
without undue delay owing to his absence or for any other reason, the Highway Administration or the
officer authorise d by such Administration may mak e such construction including a lteration of any
construction as may be feasible at the prescribed cost necessary for the safety referred to in clause ( a) or
clause (b) or have such unauthorised occupation removed in the manner specified in sub-section (7).
(9) The Highway Administration or an officer authorised by such Administration in this behalf shall,
for the purposes of this section or section 27, have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters,
namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witnesses; and
(d) any other matter which may be prescribed,
and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code
(45 of 1860) and the Administration or the office r shall be deemed to be a civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
27. Recovery of cost of removal of unauthoris ed occupation and fine imposed .—(1) Where a
Highway Administration or the officer authorised by such Administration in this behalf has removed any
unauthorised occupation or mad e any construction including alt eration of construction in respect of any
unauthorised occupation or repaired any d amage under sub -section ( 2) of section 36, the expenditure
incurred in such removal or repair together with fifteen per cent. of additional charges or any fine
imposed under this Act shall be recoverable in the manner hereinafter provided in this section.
(2) The Highway Administration or the officer authorised in this behalf by such Administration shall
serve a copy of the bill in the prescribed form indicating therein the expenditure, additional charges or
fine recoverable under sub-section (1) on the pe rson from whom such expenditure, additional charges or
fine is recoverable and the provisions of section 26 relating to the service of notice shall apply for the
service of copy of the bill under this sub -section as if for the word “notice” the word “bill” has be en
substituted in that section.
(3) A copy of the bill referred to in sub -section (2) shall be accompanied with a certificate issued by
the Highway Administration or the officer authorised by such Administration in this behalf and the
amount indicated in the bill shall be the conclusiv e proof that such amount is the expenditure actually
incurred for all or any of the purposes referred to in sub-section (1) as indicated in the bill.
(4) Where a Highway Administration or the officer authorised in this behalf by such Administration
has removed any unauthorised occupation or made any construction including alteration of construction
in respect of any unauthorised occupation or repaired any damage under sub-section (2) of section 36, the
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material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained
in possession of the Highway Administration or such officer till the payment of the bill in respect thereof
served under sub -section (2) and on payment of such bill such material shall be returned to the person
entitled for the material, but in case of the failure of such payment within the time specified for t he
payment in the bill, the mate rial may be sold by auction by the Highway Administration or such officer
and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if
any, shall be returned to the person entitled therefor.
(5) In case where the proceeds of the auction under sub -section ( 4) is less than the amount
recoverable under the bill referred to in that sub -section, the difference between such proceeds and the
amount so recoverable or w here no such auction has been ma de, the amount recoverable under the bill
shall, in case of failure of the payment within the time specified in the bill, be recoverable as the arrears of
land revenue.
CHAPTER IV
CONTROL OF ACCESS TO THE NATIONAL HIGHWAYS
28. Right of access .—(1) 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 permitted by the Highway Administration
either generally or specifically in the manner specified in section 29.
(2) The access to a Highway under sub -section (1) shall be subject to the guidelines and instructions
issued by the Central Government from time to time.
(3) The Highway Administration may, by notification in the Official Gazette, declare 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 t o, from or across such Highway as specified in that
notification.
29. Procedure for p ermission to access to Highway .—(1) The general permission under
sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose
and specific permission under that sub -section shall be give n in the manner specified hereinafter under
this section.
(2) Any person desirous of obtaining specific permission referred to in sub -section (1) may make an
application in the prescribed form to the Highway Administration 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 Highway Administration shall, a fter considering the application either give the permission with or
without the terms and conditions as may be prescribed or reject the application as it may deem fit.
(3) In case, where the permission has been given in respect of the application made unde r
sub-section ( 2), the person to whom such permission has been given shall obtain the licence from the
Highway Administration in the pr escribed form enumerating therei n 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 contravenes the provisions of sub-section (1) of section 28 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 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 Highway
Administration or the officer authorised by such Administration s hall have the power to remove su ch
access and where necessary, the Highway Administration or such officer may use the necessary force
with the assistance of the police to remove such access.
30. Regulat ion or diversion of access, etc .—(1) Notwithstanding any permission given under
sub-section (1) or sub-section (2) of section 29, the Highway Administration shall have the power in the
interest of the safety and convenience of the traffic to re fuse, regulate or divert any proposed or existing
access to the Highway.
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(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 DIFFERENT TYPES OF TRAFFIC ON NATIONAL HIGHWAYS
31. Highway Administration to regulate traf fic when Highway deemed unsafe .—(1)
Notwithstanding anything contained in this Act, the Highway Administration shall have the power to
regulate and control the plying of vehicles on the Highway for the proper management thereof.
(2) If at any time the Highway Administration is satisfied on the information received by it or
otherwise that any Highway within its jurisdiction or any part thereof is or has become congested or
unsafe for vehicular or pe destrian traffic by reason of da mage 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.
32. Prohibition of use of heav y vehicles on certain Highways .—Where the Highway
Administration 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 vehi cles 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.
33. Temporary closure of traffic on Highway.—Where, in exercise of the powers under section 31
or section 32, the Highway Administration 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.
34. Permanent closure of Highway .—(1) Where, in exercise of the powers under section 31, the
Highway Administration deems it necessary in the interest of the safety of the Highway to close a
Highway or part thereof, it may, by notification in the Officia l 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 newspapers, one of which shall be in the local language of the area through which
such Highway passes and another shall be the newspaper being circulated in such area.
(2) The notice 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 Highway Administration shall, after co nsidering the objections and suggestions, if any,
received within the time specified in such notice, take decision on the proposal for closure under the
notice and shall act in accordance with such decision.
35. Power t o restrict the use of vehicles .—If th e Highway Administration 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 in the Official Ga zette, prohibit or restrict, subject to such exce ptions 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 Highway Administration 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 remai ned for a period of
one month or less, such prohibition or restriction may be imposed without issuing notifi cation in the
Official Gazette:
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Provided 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.
36. Prevention a nd repair of damage to Highway .—(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 sub -section ( 1), any damage has been caused to any Highway, the
Highway Administration shall have such damage repaired at its own expenses 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-section (1), be recovered from him in accordance
with the provisions contained in section 27 as if such expenses and a dditional charges were the expen ses
and additional charges recoverable under that section.
37. Prohibition to leave vehicles or animals in dangerous position.—(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 same is under such safety control as may be prescribed.
(2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle
or animal causing such obstruction shall be cau sed to be towed away by the Highway Administration to
remove such obstruct ion on the Highway and the vehic le or animal so towed away shall be taken into
possession by the Highway Administration and shall be handed over to the owner thereof in the manner,
by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed.
(3) In case where the expenses in respect of the vehicle or animal taken into possession under
sub-section ( 2) have not been paid in the manner prescribe d under that sub -section, the Highway
Administration shall sell such vehicle or animal by auction and the proceeds of the auction shall be the
property of the Central Government.
(4) Any person who has unauthorised occupation on a highway land shall be sum marily evicted by
the Highway Administration in the manner specified in section 26 for removal of unauthorised occupation
and shall be liable to fine impo sed by the Highway Admi nistration which shall not be less than five
hundred rupees per square metre of the unauthorisedly occupied land by him but which may be extended
to the cost of such land.
CHAPTER VI
REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS, ETC.
38. Construction on highway land .—(1) Notwithstanding anything contained in any other law for
the time being in force, no person other than a Highway Administration or a person authorised by such
Administration in this behalf sh all construct, install, sh ift, repair, alter or carry any poles, pillars,
advertisement towers, trans formers, cable wire, pipe, drain, sewer, canal, railway line, tramway,
telephone boxes, repeater station, street, path or passage of any kind on highway la nd or across, under or
over any Highway except with the prior permission in writing of the Highway A dministration for such
purpose.
(2) Any person who intends to obtaiExcerpt shown. Open the full act in Lexace.