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THE CONTROL OF NATIONAL HIGHWAYS

(LAND & TRAFFIC) ACT, 2002

Shri S. B. Basu

Chief Engineer (Planning)

Department of Road Transport & Highways

June, 2006

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NEED FOR A NEW LAW

No effective law.

- To prevent and remove encroachments on NH.

- To regulate traffic on NH.

- To determine access points to NH.

- To control construction on NH land

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EFFECTS OF ABSENCE OF

EFFECTIVE LAWS

- Congestion and choking of NHs by

undesirable road side development and

encroachment.

- Widening of NH difficult and costly and

often impossible.

- Residential and commercial activities

extending to NH land.

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EFFECTS OF ABSENCE OF

EFFECTIVE LAWS (Contd.)- Traffic on NH subject to hardship.

- Premature failure of roads and bridges byoverloading.

- Waste of fuel, loss of speed, high rate of

accidents, increased vehicle operating costsand unhealthy and unhygienic conditions.

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The Act

The Act comprises of 8 chaptersconsisting of 50 sections.

The Act has come into force on 27.1.2005

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CHAPTERS

Chapter I: Preliminary (Sections 1 & 2)

Chapter II: Establishment of Highway

Administration and Tribunals etc. (Sections 3to 22)

Chapter III: Prevention of unauthorised

occupation of Highway land and their removal(Sections 23 to 27)

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CHAPTERS (Contd)

Chapter IV: Control of access to the NationalHighways (Sections 28 to 30)

Chapter V: Regulation of different types oftraffic on National Highways (Sections 31 to 37)

Chapter VI: Regulation of construction on

Highway land for public utilities, drains, etc.(Section 38)

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CHAPTERS (Contd)

Chapter VII: Offence and Penalty (Section 39)

Chapter VIII: Miscellaneous (Sections 40 to 50)

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DETAILS OF VARIOUS CHAPTERS

Chapter I: Title and Definition

Chapter II: Highway Administration and

Tribunal Establishment, Composition, Power,Jurisdiction, Appointment, etc

Chapter III: Land Register, Prevention of

unauthorised occupation, grant of lease /

license for temporary use of land, removal ofunauthorised occupation

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DETAILS OF VARIOUS CHAPTERS (Contd)

Chapter IV: Access to Highway and

procedure for permission of access

Chapter V: Regulation of traffic, prohibition of

use of heavy vehicles, temporary and

permanent closure, to restrict the use of

vehicle, prohibition to leave vehicles or animals

in a dangerous position

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DETAILS OF VARIOUS CHAPTERS (Contd)

Chapter VI: Construction on Highway land

and its permission

Chapter VII: Offence and Penalty

Chapter VIII: Legal assistance, duty of village

officials, conduct of inquiry, power to makerules, etc

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FOLLOWING INSTITUTIONS ARE

PROPOSED UNDER THE ACT

- Highway Administrations (HA) as

executing agencies. 192 HAs have

been set up

- National Highways Tribunals as the

appellate forums against the orders of

HA. 8 Tribunals have been set up- Jurisdiction of H.A.s and Tribunals

included in the notifications

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HIGHWAY ADMINISTRATION

Officers of the Central Government orState Government can be appointed asHighway Administration

Limits of jurisdiction will be defined

Highway Administration shall exercisepowers and discharge functionsconferred under the Act

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HIGHWAY ADMINISTRATION (Contd)

Highway Administration may appoint

gazetted officers of Central Government /State Government or officers of NHAI to

exercise powers and discharge functions

as specified

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UNAUTHORISED OCCUPATION

- A register of highway land owned by CentralGovernment to be maintained by HA

- HA permission is necessary for use of highwayland

- Rent and other charges payable by applicant toHA before permission

- NH land to be restored by applicant in originalcondition after expiry of permission

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UNAUTHORISED OCCUPATION (Contd.)

- Unauthorised occupation is liable to be removed

after proper notice

- Unauthorised occupation can be removed withoutnotice if it is not possible to serve the notice, in the

interest of traffic safety. Police assistance can be

sought

- HA empowered to impose penalty for unauthorised

occupation

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ACCESS TO HIGHWAY LAND

- No access of any vehicle or on foot by

a group of five or more persons

permissible, without general or

specific permission of HA.

- General permission by HA as per

guidelines notified by Central

Government.

- No such guidelines have been framed

as yet

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REGULATION OF TRAFFIC

- Power to regulate and control plying of vehicle

and /or class of vehicles on highway, in the

interest of safety and convenience of traffic.

- Power to close highway or part thereof.- Power to prohibit or restrict plying of vehicles

exceeding a prescribed laden weight unsafe for

roads/bridges.

-Permanent closure to be by publication innewspaper as well as in official gazette.

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REGULATION OF

CONSTRUCTION Prior permission is required to construct,

install, shift, repair / alter or carry on poles,

pillars, advertisement towers, transformers,cable line, pipe, drain, canal, railway line,

telephones, street, path, passage

HA can remove unauthorised construction andrecover the cost of removal with additional

charges and fine

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OFFENCE AND PENALTY

Penalty of reoccupation (a cognizable offence)

- one year imprisonment with fine or both with

summarily evicting him

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MISCELLANEOUS

Legal assistance can be taken by the appellant

Village officials have the responsibility toinform any unauthorised occupation

Company is also responsible for any offence

Rules are to be framed

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NATIONAL HIGHWAYS

TRIBUNAL

- A Tribunal in each State/UT

- Tribunal to consist of only one person to be

known as Presiding Officer- A person eligible to be appointed as a High

Court Judge or he has held Gr.-II post inIndian Legal Service is eligible forappointment as Presiding Officer

- To begin with 8 NH Tribunals have beennotified

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NATIONAL HIGHWAYS TRIBUNAL (Contd.)

- Appeals to Tribunal within 60 days oforders of HA.

- Tribunal to endeavour to dispose of appealwithin four months.

- Tribunal has certain powers of civil courtnamely summoning and enforcing

attendance, discovery and production ofdocuments, reviewing its own decisions andreceiving evidence.

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- Presiding Officer may be removed only onground of misbehavior or incapacity

after an inquiry by a judge of a High

Court.

- Procedures before the Tribunals are not

governed by the provisions of CPC.

Can regulate its own procedure.

- Appellant can appear before Tribunal

personally or through a legal practitioner.

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- Proceedings of Tribunal to be judicial under

IPC and to be deemed as civil court for

purposes of Cr.PC.

- Tribunal can make interim orders effective for

14 days, without hearing the other party.

- Orders of Tribunal executable as a decree of

civil court by itself or by other courts.

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RULES

1. Highways Administration Rules, 2003.

2. National Highways Tribunal (Procedure forinvestigation of misbehaviour or incapacity of

Presiding Officer) Rules, 2003.

3. National Highways Tribunal (Financial andAdministrative Powers) Rules, 2003.

4. National Highways Tribunal (Procedure forappointment as Presiding Officer of theTribunal) Rules, 2003.

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5. National Highways Tribunal (Procedure)

Rules, 2003.

6. National Highways Tribunal (Salaries,allowances and other terms and conditions of

Service of Presiding Officers) Rules, 2005.

7. National Highways Tribunal (Salaries,

allowances and other terms and conditions ofofficers and employees) Rules, 2005.

RULES (contd)

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THANK YOU

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