THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002

2002 · State unknown · central · act_text

Sections (61)

1 · Short title, extent and commencement . — (1) This Act may be called the Control of National Highways (Land and Traffic) Act, 2002.

2 · Definitions . — In this Act, unless the context otherwise requires,—

3 · [(da) "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;]

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) .

2 · Clause (a) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).

3 · Ins. by s. 24, ibid. (w.e.f. 4-4-2021).

2 · [HIGHWAYS ADMINISTRATION 3*** ]

3 · Establishment of Highway Administrations . — (1) The Central Government shall, by notification in the Official Gazette,—

4 · Powers and functions of Highway Administration . —A —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.

1 · Clause (l) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).

2 · Subs. by Act 7 of 2017, s. 167 , for the heading (w.e.f. 26-5-2017).

3 · The words “AND TRIBUNALS, ETC.” omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).

5 · [Establishment of Tribunals . ]—Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).

6 · [Composition of Tribunal . ]—Omitted by the Finance Act, 2017 (7 of 2017), s. 167 (w.e.f. 26-5-2017).

7 · [Qualifications for appointment as Presiding Officer . ]—Omitted by s. 167, ibid. (w.e.f. 26-5-2017).

8 · [Term of office . ] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

9 · [Staff of Tribunal . ] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

10 · [Salary and allowances and other terms and conditions of service of Presiding Officer . ] — Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

11 · [Vacancies in Tribunal . ] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

12 · [Resignation and removal . ] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

13 · [Financial and administrative powers of Presiding Officer . ]—Omitted by s. 167, ibid. (w.e.f. 26-5-2017) .

1 · [14. Appeal . —A —An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the Court . ]

15 · [Bar of jurisdiction . ]—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).

16 · [Procedure and powers of Tribunal . ]—Omitted by s. 24, ibid., (w.e.f. 4-4-2021).

17 · Conditions as to making of interim order . —N —Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an a pplication or appeal unless—

18 · [Execution of orders of Tribunal . ]—Omitted by Act the Tribunals Reforms Act, 2021 (33 of 2021), s . 24 (w.e.f. 4-4-2021).

19 · Limitation . — Every appeal to the 2 [Court] under this Act shall be preferred within a period of sixty days from the date on which the order appealed against has been made:

1 · Subs. by Act 33 of 2021, s. 24, for section 14 (w.e.f. 4-4-2021).

2 · Subs. by s. 24, ibid., for “Tribunal” (w.e.f. 4-4-2021).

20 · Appointment of officers to act on behalf 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—

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 conditions, if any, as may be specified 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 notification in the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (b) of sub -section (1) of section 3 to other Highway Administration, 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 exercisable by the Highway Administration before such transfer of jurisdiction.

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 shall, for the purposes of this Act, and other Central Acts, be deemed to be the property of the Central Government as owner thereof.

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.

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 subject 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:

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 whom 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 permit and deliver the possession of such portion to the Highway Administration and in case such person 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 and section 27.

27 · Recovery of cost of removal of unauthorised 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 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 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.

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.

29 · Procedure for permission 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 given in the manner specified hereinafter under this section.

30 · Regulation 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 refuse, regulate or divert any proposed or existing access to the Highway.

31 · Highway Administration to regulate traffic 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.

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.

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 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 highway land or across, under or over any Highway except with the prior permission in writing of the Highway Administration for such purpose.

39 · Offence and penalty . — (1) If any person, who has been evicted from any unauthorised occupation on a highway land under this Act, again occupies any highway land without permission for such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than one thousand rupees per square metre of so occupied highway land but which shall not exceed two times the cost of such highway land, or with both.

40 · [Right of appellant to take assistance of legal practitioner . ]—Omitted by Act the Tribunals Reforms Act, t, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).

41 · Finality of orders . — Save as otherwise expressly provided in this Act, every order made or any action taken by the Highway Administration or the officer authorised in this behalf by such Administration 1*** shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act to the Highway Administration 2*** .

42 · Duty of village officials . — Wherever any village headman, village accountant, village watchman or other village official, by whatever name called, becomes aware of any offence involving unauthorised occupation, damage or destruction of the highway land, he shall forthwith inform the nearest police station or the nearest Highway Administration or any officer authorised in this behalf by such Administration, the commission of such offence and shall also be duty-bound to assist the Highway Administration and its officers in prosecuting the offender of the offence.

43 · Conduct of inquiry . — The Highway Administration or the officer authorised in this behalf by such Administration shall, if he desires to make any inquiry for the purposes of this Act, make a summary inquiry in such manner as may be prescribed.

3 · [44 . Officers of Highways Administration to be public servant . — The officer or officers constituting the Highways Administration and any other officer authorised by such Administration under this Act, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).]

45 · Protection of action taken in good faith . —N —No suit, prosecution or other legal proceedings shall lie against the Central Government or 4 [any other officer of the Central Government] or the officer or officers constituting the Highway Administration or any other officer authorised by such Administration

1 · The words "or every order passed or decision made on appeal under this Act by the Tribunal" omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).

2 · The words “or Tribunal” omitted by s. 24, ibid. (w.e.f. 4-4-2021).

3 · Subs. by Act 7 of 2017, s. 167 for section 44 (w.e.f. 26-5-2017).

4 · Subs by, s.167, ibid ., for certain words (w.e.f. 26-5-2017).

46 · Offences by companies . — (1) Where an offence punishable under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

47 · Procedure for service of notices, etc . — Save as otherwise provided in this Act, every notice or bill issued or prepared under this Act may be served or presented in such manner as may be prescribed.

48 · Act to have overriding effect . — The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

49 · Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

50 · Power to make rules . — (1) The Central Government may, after previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1 · Clauses (b), (c), (d) and (e) omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017).

2 · Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).

Subordinates (16)

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