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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, May 1, 2015
No. F. 2 (32) Vidhi/2/2014.-In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazette of the Following
translation in the English language of Rajasthan Rajya Rajmarg
Adhiniyam, 2014 (2015 Ka Adhiniyam Sankhyank 22):-
(Authorised English Translation)
THE RAJASTHAN STATE HIGHWAYS ACT, 2014
(Act No. 22 of 2015)
[Received the assent of the Governor on the 29
th
day of April, 2015]
An
Act
to provide for the declaration, development, operation, safety
and regulation of state highways and the use of land appurtenant
thereto, acquisition of land for highways and other roads,
constitution of the Rajasthan State Highways Authority, and for
matters connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-sixth Year of the Republic of India, as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act
may be called the Rajasthan State Highways Act, 2014.
(2) It extends to the State of Rajasthan.
(3) It shall come into force on such date, as the State
Government may, by notification in the Official 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:
Provided further that the State Government shall appoint
such date for commencement of the provisions of sections 5 to 15
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and sub-section (6) of section 60, after inclusion of this Act in the
Fourth Schedule of the Land Acquisition Act, 2013 under sub-
section (2) of section 105 thereof.
2. Definitions.- In this Act, unless the context otherwise
requires,-
(a) “Authority” means the Rajasthan State Highways
Authority constituted under section 44;
(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;
(c) “Chairperson” means the Chairperson of the
Authority;
(d) “competent authority” means any person or authority
authorised by the State Government, by notification
in the Official Gazette, to perform the functions of
the competent authority for such area as may be
specified in the notification;
(e) “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;
(f) “control zone” means the area of land appurtenant to a
highway and situate within the distance specified in
sub-section (1) of section 20;
(g) “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 fee on, a state highway;
(h) “concessionaire” means a person who has entered into
a contract with the State Government or the
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Authority, as the case may be, for and in respect of a
concession;
(i) “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;
(j) “Divisional Commissioner” means the Commissioner
of a Division and includes any officer specially
appointed by the State Government to perform the
functions of a Divisional Commissioner under this
Act;
(k) “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 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;
(l) “erect”, with all its grammatical variations, in relation
to a building, means to construct, reconstruct, extend
or alter structurally a building;
(m) “excavation”, in relation to a piece of land, means
piercing the surface of that piece of land and includes
digging of wells and tanks;
(n) “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;
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(o) “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;
(p) “land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to
anything attached to the earth;
(q) “Land Acquisition Act, 2013” means the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Central
Act No. 30 of 2013) and includes any modification,
amendment or re-enactment thereof;
(r) “member” means a member of the Authority
appointed under section 44 and includes the
Chairperson;
(s) “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;
(t) “operation”, in relation to a highway, includes its
maintenance, repair, modification, improvement,
management and regulation, and “operate” shall be
construed accordingly;
(u) “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
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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;
(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;
(v) “person” shall include any company or association or
body of individuals, whether incorporated or not ;
(w) “prescribed” means prescribed by rules made under
this Act;
(x) “regulations” means regulations made by the
Authority under this Act;
(y) “rules” means rules made by the State Government
under this Act;
(z) “State Government” means the Government of the
State of Rajasthan;
(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) “Schedule” means Schedule of this Act;
(zc) “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;
(zd) “vehicle” means and includes a vehicle of every
description of carriage or other artificial contrivance
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used, or capable of being used, as means of
transportation on land; and
(ze) “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. Declaration of certain highways to be state
highways.- (1) Each of the roads included in the Schedule is
hereby declared to be a state highway under this Act.
(2) The State Government may, by notification in the
Official Gazette, 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 like 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. State highways to vest in the State.- (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 demarcated
or not;
(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
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highways or any land appurtenant to such
highways; and
(iv) all wayside amenities.
(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.
5. Power to acquire land, etc.- (1) 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, it may, by notification in the Official
Gazette, declare its intention to acquire such land.
(2) Every notification under sub-section (1) shall give a
brief description of the land.
(3) The competent authority shall cause the substance of
the notification to be published in two State level newspapers
having wide circulation, at least one of which shall be in Hindi
language.
(4) Upon issue of a notification under sub-section (1), it
shall be lawful for any person, authorised by the State Government
in this behalf, to-
(a) enter upon any land with his workmen and make
any inspection, survey, measurement, valuation or
enquiry;
(b) take levels;
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(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such boundaries and lines placing marks
and cutting trenches; or
(f) do such other acts or things as may be laid down by
rules made in this behalf by the State Government:
Provided that no person shall enter into any building or any
enclosed court or garden attached to a dwelling house or cut down
and clear any part of standing crops, or fence without the consent
of the occupier thereof or without giving such occupier a notice of
at least twenty four hours, in writing, of his intention to do so:
Provided further that the State Government shall pay
reasonable compensation to the occupier for the damage caused by
him to such building, land or other structures.
(5) The State Government may, upon issue of a notification
under sub-section (1), acquire any land specified therein by
outright gift or purchase by agreement with the owners, or failing
such agreement, by recourse to the provisions of this Act.
6. Hearing of objections.- (l)Any person interested in any
land which is included in the notification issued under sub-section
(1) of section 5 may, within twenty-one days from the date of
publication thereof, object to the use of the land for the purpose
or purposes mentioned in that sub-section.
(2) Every objection under sub-section (1) shall be made to
the competent authority in writing and shall set out the grounds
thereof whereupon the competent authority shall give the objector
an opportunity of being heard, either in person or by a legal
practitioner, and may, after hearing all such objections and after
making such further enquiry, if any, as the competent authority
thinks necessary, by order, either allow or disallow the objections.
Explanation.- For the purposes of this sub-section, legal
practitioner has the same meaning as in clause (i) of sub-section
(1) of section 2 of the Advocates Act, 1961(Central Act No. 25 of
1961).
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(3) Any order made by the competent authority under sub-
section (2) shall be final.
7. Declaration of acquisition.- (l)Where no objection
under sub-section (1) of section 6 has been made to the competent
authority within the period specified therein or where the
competent authority has disallowed the objection under sub-section
(2) of that section, the competent authority shall, as soon as may
be, submit a report accordingly to the State Government and on
receipt of such report, the State Government shall declare, by
notification in the Official Gazette, that the land should be
acquired for the purpose or purposes mentioned in sub-section (1)
of section 5.
(2) On the publication of the declaration under sub-section
(1), the land shall vest absolutely in the State Government free
from all encumbrances.
(3) Where in respect of any land, a notification has been
published under sub-section (1) of section 5 for acquisition thereof,
but no declaration under sub-section (1) has been published within
a period of one year from the date of publication of that
notification, the said notification shall cease to have any effect:
Provided that any period during which the operation of the
notification issued under sub-section (1) of section 5 is stayed by a
court in any proceedings pending in respect thereof shall be
excluded while computing the said period of one year.
(4) A declaration made by the State Government under sub-
section (1) shall not be called in question in any court or by any
other authority.
8. Power to take possession.- (l)Where any land has
vested in the State Government under sub-section (2) of section 7,
and the amount of compensation determined by the competent
authority under section 10 with respect to such land has been
deposited in the manner prescribed under sub-section (1) of
section 13, with the competent authority by the State Government,
the competent authority may, by notice in writing, direct the owner
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as well as any other person who may be in possession of such land
to surrender or deliver possession thereof to the competent
authority or any person duly authorised by it in this behalf within
ninety days of the service of the notice.
(2) If any person refuses or fails to comply with any
direction made under sub-section (1), the competent authority shall
apply,-
(a) in case of any land situated in any area falling
within the metropolitan area, to the Commissioner
of Police; and
(b) in case of any land situated in any area other than
the area referred to in clause (a), to the Collector of
the District,
and such Commissioner or Collector, as the case may be, shall
enforce the surrender of the land to the competent authority or to
the person duly authorised by it.
9. Right to enter into the land vested in the
Government.-Where the land has vested in the State Government
under sub-section (2) of section 7, it shall be lawful for any person
authorised by the State Government in this behalf, to enter and do
other acts necessary upon the land for carrying out the building,
maintenance, management or operation of a highway, any other
road, or a part thereof, or any other work connected therewith.
10. Determination of compensation by competent
authority.- (1) Where any land is acquired from any person under
this Act, there shall be paid to such person a compensation which
shall be determined by the competent authority.
(2) Where the right of user or any right in the nature of an
easement on any land is acquired under this Act, there shall be paid
to the person whose right of enjoyment in that land has been
affected in any manner whatsoever by reason of such acquisition
an amount equal to ten per cent of the amount determined under
sub-section (1), for that land.
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(3) Before proceeding to determine the amount under sub-
section (1) or sub-section (2), the competent authority shall give a
public notice, published in two State level newspapers having wide
circulation, at least one of which shall be in Hindi language,
inviting claims from all persons interested in the land to be
acquired.
(4) A notice under sub-section (3) shall state the particulars
of the land and shall require all persons interested in such land to
appear in person or by an agent or by a legal practitioner referred
to in sub-section (2) of section 6, before the competent authority, at
a designated time and place and to state the nature of their
respective interest in such land.
(5) Upon hearing the interested persons and considering the
material on record, the competent authority shall by order make an
award under this section within a period of one year from the date
of the publication of the notification under sub-section (3) of
section 5 and if no award is made within that period, it may make
the award within an extended period which shall not exceed one
year:
Provided that where an award is made within the
extended period, the entitled person shall be paid an additional
compensation for the extended period, at the rate of one and a
quarter per cent of the value of the award, for each month of such
extended period.
11. Determination of compensation by arbitrator.- (1) If
the amount determined by the competent authority under section
10 is not acceptable to either of the parties, the amount shall, on an
application by either of the parties, be determined by the arbitrator
to be appointed by the State Government from among persons who
have been district and session judges, in such manner and on such
terms as may be prescribed by rules.
(2) Except as otherwise provided in this Act, the provisions
of the Arbitration and Conciliation Act, 1996 (Central Act No. 26
of 1996) shall apply to every arbitration under this Act.
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12. Determination of amount payable as
compensation.- (1) While assessing and determining the market
value of land for making an award under section 10 or section 11,
as the case may be, the competent authority or the arbitrator shall
adopt the criteria specified in section 26 of the Land Acquisition
Act, 2013.
(2) The competent authority having determined the market
value of the land acquired shall calculate the total amount of
compensation to be paid to the land owner, whose land has been
acquired, by including all assets attached to the land.
(3) In determining the amount of compensation to be
awarded for any land acquired under this Act, the competent
authority shall take into consideration the criteria and factors
specified in section 28 of the Land Acquisition Act,2013.
(4) In determining the market value of the building, other
immovable property or assets, trees and plants or damage to the
standing crops attached to the land or building which is to be
acquired, the Collector may use the services of specialists or
experienced persons as specified in section 29 of the Land
Acquisition Act, 2013.
(5) The competent authority having determined the total
compensation to be paid, shall, to arrive at the final award,
impose a solatium amount in accordance with the provisions of
section 30 of the Land Acquisition Act, 2013.
13. Deposit and payment of amount.- (1) The amount
determined under section 12 shall be deposited by the State
Government in such manner as may be prescribed by rules made in
this behalf, with the competent authority before taking possession
of the land.
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(2) As soon as may be after the amount has been deposited
under sub-section (1), the competent authority shall, on behalf of
the State Government, pay the amount to the person or persons
entitled thereto.
(3) Where several persons claim to be interested in the
amount deposited under sub-section (1), the competent authority
shall determine the persons who in its opinion are entitled to
receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the
amount or any part thereof or to any person to whom the same or
any part thereof is payable, the competent authority shall refer the
dispute to the decision of the principal civil court of original
jurisdiction within the limits of whose jurisdiction the land is
situated.
(5) Where the amount determined under section 11 by the
arbitrator is in excess of the amount determined by the competent
authority, the arbitrator may award interest at the rate of nine per
cent per annum on such excess amount from the date of taking
possession under section 8 till the date of the actual deposit
thereof.
(6) The amount determined by the arbitrator in excess of
the amount determined by the competent authority, together with
interest, if any, shall be deposited by the State Government in such
manner as may be prescribed by rules made in this behalf, with the
competent authority and the provisions of sub-sections (2) to (4)
shall apply to such deposit.
14. Competent authority to have certain powers of civil
court.- The competent authority shall have, for the purposes of
this Act, all the powers of a civil court while trying a suit under
the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any
person and examining him on oath;
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(b) requiring the discovery and production of any
document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or
office; and
(e) issuing commission for examination of witnesses.
15. Resettlement and Rehabilitation Award.-The award
for rehabilitation and resettlement of all affected families shall be
determined in accordance with the provisions of sections 31 to 42
of Land Acquisition Act, 2013 read with Second Schedule and
Third Schedule thereof.
16. Development and operation of highways.- (1) The
State Government shall develop and operate all state highways;
provided, however, that it may, by notification in the Official
Gazette, 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 -
(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
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(h) generally for the efficient and proper operation of
highways.
17. Power to issue directions to the Authority.- 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.
18. Fees for services or benefits rendered on
highways.- (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 in the
Official Gazette, 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 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 before the
commencement of this Act for services or benefits rendered in
relation to the use of a highway shall continue to be leviable
under this Act unless and until 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, fire fighting, crime prevention,
medical emergencies or such other public purposes, as it may
prescribe, from payment of fees under this section.
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19. Agreements for development and operation of
highways.- (l) 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 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 or industrial corridors in the vicinity of
such highway:
Provided that no such agreement shall be entered into
except with a person who has been selected through a process of
open competitive bidding on such terms as may be approved by the
State Government:
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 18, the
person 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 18 and in accordance with
the terms of the agreement referred to in sub-section (1).
(3) A person 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 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 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).
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CHAPTER III
CONTROL ZONE APPURTENANT TO HIGHWAYS
20. Restrictions on land in a control zone.- (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 one hundred meters from such boundary,
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, instead of
one hundred meters referred to hereinabove, 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 and 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
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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, 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.
21. Prohibition of construction within control zone.- (1)
No person shall, on any land situated within the control zone,-
(i) construct, form or layout any means of access to
or from a highway;
(ii) erect any building;
(iii) materially alter any existing building by increasing
its height, length or width, as the case may be;
(iv) make or extend any excavation; or
(v) construct or layout any work,
save and except in accordance with a general or special permission
granted under this Act.
(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, if
any, as may be specified in the order; or
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(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 with held nor made subject to any
unreasonable conditions;
(iii) no permission shall be required for the
following works, namely:-
(a) agriculture;
(b) horticulture;
(c) pisciculture;
(d) pasture;
(e) poultry farming;
(f) dairy farming; or
(g) construction of wells, tube wells and bore
wells.
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(4) When permission is refused under sub-section (3), the
reasons thereof shall be recorded and communicated to the
applicant:
Provided 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.
22. Exemption for certain works.- 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.
23. Reconstruction of demolished buildings.-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.
24 Regulation of access in control zone.- The State
Government may, if it considers necessary in the interests of
safety or smooth movement of traffic, by notification to be
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published in two State level newspapers having wide circulation,
at least one of which shall be in Hindi 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.
25. Restriction on change in land use.- (1) No agricultural
land situate 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 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.
26. Levy of betterment charges in control zone.-Any
permission for change in land use under section 25 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 sub-
section (4) or sub-section (5) of section 12.
27. Removal of unauthorised construction.-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 42 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 77 of this Act.
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CHAPTER IV
CONTROL OF ACCESS TO HIGHWAYS
28. Restrictions on use of highway.- (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 any, earmarked for such
vehicles. Provided, however, that the State Government may, by
notification in the Official Gazette, 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 18.
29. Restrictions on access to highways.- (1) No person
shall connect any highway or part thereof 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 30.
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(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 in the
Official Gazette, 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 such highway as
specified in that notification.
30. Procedure for permission of access to highway.- (1)
The general permission under sub-section (2) of section 29,
including any terms and conditions thereof, shall be given by
issuing a 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.
(2) Any person 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 shall, 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
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.
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(4) If any person contravenes the provisions of sub-
section (1) or sub-section (2) of section 29 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.
31. Regulation or diversion of access, etc.- (1)
Notwithstanding any permission given under sub-section (1) or
sub-section (2) of section 30, 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
32. Power to regulate traffic.- (1) Notwithstanding
anything contained in this Act, subject to the provisions of Chapter
VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 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.
(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
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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.
33. Prohibition of use of heavy vehicles on certain
highways.- 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.
34. Temporary closure of traffic on highway.- Where, in
exercise of the powers under section 32 or section 33, 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.
35. Permanent closure of highway.- (1) Where, in
exercise of the powers under section 32, 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
Official 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 Hindi language 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
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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.
36. Power to restrict the use of highway.- 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 in the Official Gazette,
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 Official Gazette:
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.
37. Prevention and 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.
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(2) Where, in contravention of sub-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-section (1), be recovered from him in accordance
with the provisions contained in section 43 as if such expenses and
additional charges were the expenses and additional charges
recoverable under that section.
38. 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
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, 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 42 for removal of unauthorised occupation and shall be
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liable to fine imposed by such officer, which shall not be less than
two thousand rupees per square meter of the unauthorisedly
occupied land by him but which may be extended to the cost of
private land adjacent to the highway.
39. Construction on highway land.- (1) Notwithstanding
anything contained in any other law for the time being in force, no
person 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 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-
(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 to whom such permission is given in respect of any land
forming part of the highway, occupied or applied to the proposed
work or construction under permission and also impose on such
person the expenditure, if any, incurred by the State Government
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or such officer for repairing any damage caused to the highway
by laying or shifting of any structure, article or equipment under
the permission.
(4) If any person, in contravention of sub-section (1),
makes any construction or carries out any other work, the officer
authorised by the State Government in this behalf may, at the
expense of the State Government, cause such construction or other
work to be removed from the highway and restore the highway in
the condition as it was immediately before giving permission for
such construction or other work under sub-section (3) and such
expense together with fifteen per cent thereof as additional charges
and fine imposed by such officer taking into account the nature
of the damages caused by such construction or other work, which
shall not be less than two thousand rupees per square meter of land
used for such construction or other work, but shall not exceed the
cost of any adjacent private land, shall be recovered from such
person in accordance with the provisions contained in section 43 as
if such expenses, additional charges and fine were the expenses,
additional charges and fine recoverable under that section.
CHAPTER VI
PREVENTION OF UNAUTHORISED OCCUPATION
40. Restrictions on occupation of highway land.- (1) No
person shall occupy or encroach upon any highway land or
discharge any material through a drain on such land without
obtaining prior permission, in writing, from an officer authorised
by the State Government in this behalf.
(2) 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
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(ii) to put up a temporary awning 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 improvements 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 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 the 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 State Government or the
Authority and shall, on the expiry of the permission granted under
such permit, 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
officer who issued such permit.
(5) The officer issuing the permit under sub-section (2)
shall maintain a complete record of all such permits issued, and
shall also ensure in every case at the expiration of the period up to
which the permission under a permit is granted under that sub-
section that the possession of the portion of the highway in respect
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of which such permission was granted has been delivered to such
officer.
(6) Where an officer authorised by the State Government 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), 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 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 such officer 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 43.
41. Grant of licence for temporary use.- The State
Government or an officer authorised by the State Government 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:
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 State Government or such officer.
42. Removal of unauthorised occupation.- (1) When, as a
result of the periodical inspection of highway land or otherwise,
the officer authorised by the State Government in this behalf is
satisfied that any unauthorised occupation or encroachment has
taken place on highway land, such officer shall serve a notice
on the person causing or responsible for such unauthorised
occupation or encroachment requiring him to remove such
unauthorised occupation or encroachment and to restore such
highway land in its original condition as before the unauthorised
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occupation or encroachment within the period specified in the
notice.
(2) The notice under sub-section (1) shall specify therein
the highway land in respect of which such notice is issued, the
period within which 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 (5).
(3) The service of the notice under sub-section (1) shall
be made 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.
(4) Where the service of the notice is not made in the
manner provided under sub-section (3), the contents of the notice
shall be advertised in a State level newspaper for the knowledge of
the person to whom the notice is addressed and such advertisement
shall be deemed to be the service of such notice on such person.
(5) Where the service of notice under sub-section (1) has
been made under sub-section (3) or sub-section (4) and the
unauthorised occupation on the highway land in respect of which
such notice is served has not been removed within the time
specified in the notice for such purpose and no reasonable cause
has been shown before the officer authorised by the State
Government in this behalf for not so removing unauthorised
occupation, such officer shall cause such unauthorised occupation
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to be removed at the expense of the State Government, and impose
penalty on the person to whom the notice is addressed which shall
be two thousand rupees per square meter 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.
(6) Notwithstanding anything contained in this section, the
officer authorised by the State Government 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,
(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 similar device,
and in removing such occupation, such officer may take assistance
of the police, if necessary, to remove such occupation by use of the
reasonable force necessary for such removal.
(7) Notwithstanding anything contained in this section, if
the officer authorised by the State Government 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, such officer may
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have such unauthorised occupation removed in the manner
specified in sub-section (6).
(8) An officer authorised by the State Government in this
behalf shall, for the purposes of this section or section 43, as the
case may be, have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (Central Act No. 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 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,
1860 (Central Act No. 45 of 1860) and such officer shall be
deemed to be a civil court for the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973(Central
Act No. 2 of 1974).
43. Recovery of cost of removal of unauthorised
occupation.- (1) Where an officer authorised by the State
Government 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 37, 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 officer authorised by the State Government in
this behalf shall serve a copy of the bill in the prescribed form
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indicating therein the expenditure, additional charges or fine
recoverable under sub-section (1) on the person from whom such
expenditure, additional charges or fine is recoverable and the
provisions of section 42 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 been 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 officer authorised by
the State Government in this behalf and the amount indicated in
the bill shall be the conclusive 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 the officer authorised by the State Government
in this behalf has removed any unauthorised occupation or made
any construction including alteration of construction in respect of
any unauthorised occupation or repair any damage under sub-
section (2) of section 37, the material, if any, recovered as a result
of such removal, construction, alteration or repair shall be retained
in possession of the State Government 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 the payment in the bill, the
material may be sold by auction by the State Government 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 where no such auction
has been made, 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.
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CHAPTER VII
THE RAJASTHAN STATE HIGHWAYS AUTHORITY
44. Constitution of the Authority.- (1) With effect from
such date as the State Government may, by notification in the
Official Gazette, appoint in this behalf, there shall be
constituted for the purposes of this Act an Authority to be called
the Rajasthan State Highways Authority.
(2) The Authority shall be a body corporate by the name
aforesaid having perpetual succession and a common seal, with
power, subject to the provisions of this Act, to acquire, hold and
dispose of property, both movable and immovable, and to contract
and shall by the said name sue and be sued.
(3) The Authority shall consist of-
(a) a Chairperson;
(b) four full-time members of whom one each
shall be the member-in-charge of
(i) finance,
(ii) safety and technology,
(iii) works contracts and operations; and
(iv) concessions and public private partnerships;
and
(c) six part-time members, to be appointed by the
State Government by notification in the Official
Gazette, of whom one each, not being lower in
rank than a Secretary to the Government, shall
be the nominee of the Finance Department, the
Planning Department and the Transport
Department respectively, and one each shall be
an eminent person from the field of
(i) finance or banking,
(ii) technology and research in roads, and
(iii) judiciary or law.
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(4) The Chairperson and full-time members shall be
appointed by the State Government, by notification in the Official
Gazette, on the recommendation of a Search and Selection
Committee consisting of-
(a) Chief Secretary - Chairman;
(b) An Additional Chief Secretary or a Principal
Secretary to be nominated by the State Government
- Member;
(c) Secretary-in-charge of Public Works Department -
Member;
(d) Chairman of a public sector undertaking, to be
nominated by the State Government - Member; and
(e) Head of a research, technical or management
institute, to be nominated by the State Government -
Member.
45. Term of office and conditions of service of
members.- The term of office of the members shall ordinarily be
five years and their conditions of service shall be such as may be
prescribed:
Provided that no person shall be appointed as Chairperson
or member after he attains the age of sixty-two years or shall serve
in such capacity after he attains the age of sixty-five years:
Provided further that the State Government may, in its
discretion, terminate the term of office of any member, including
the Chairperson, at any time by giving a notice of three months or
the salary and allowances in lieu thereof.
46. Disqualifications for appointment as member.- A
person shall be disqualified for being appointed as a member if he-
(a) has been convicted and sentenced to imprisonment
for an offence which, in the opinion of the State
Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a
competent court; or
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(d) has been removed or dismissed from the service of the
State Government or a Corporation owned or
controlled by the State Government; or
(e) has, in the opinion of the State Government, such
financial or other interest in the Authority as is likely
to affect prejudicially the discharge by him of his
functions as a member.
47. Eligibility of member for re-appointment.- Subject to
the other terms and conditions of service as may be prescribed, any
person ceasing to be a member shall be eligible for re-appointment
as such member if he has not attained the age of sixty-four years
on the date of re-appointment.
48. Meetings.- (1) The Authority shall meet at such
times and places and shall observe such rules of procedure in
regard to the transaction of business at its meetings, including the
quorum thereat, as may be specified by regulations.
(2) If for any reason the Chairperson is unable to attend any
meeting of the Authority, any other member chosen by the
members present at the meeting shall preside at the meeting.
(3) All questions which come up before any meeting of the
Authority shall be decided by a majority of votes of the members
present and voting, and in the event of an equality of votes, the
Chairperson, or in his absence the person presiding, shall have
and exercise a second or casting vote.
49. Vacancy in the Authority not to invalidate
proceedings.-No act or proceeding of the Authority shall be
invalidated merely by reason of-
(a) any vacancy in, or any defect in the constitution of,
the Authority; or
(b) any defect in the appointment of a person acting as
a member of the Authority; or
(c) any irregularity in the procedure adopted by the
Authority not affecting the merits of the case.
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50. Delegation of powers by the Authority.- The
Authority may, by general or special order in writing, delegate to
the Chairperson or any other member or to any officer of the
Authority, subject to such conditions and limitations, if any, as
may be specified in the order, such of its powers and functions
under this Act (except its powers under section 103) as it may
deem necessary.
51. Authentication of orders and other instruments of
the Authority.-All orders, decisions and other instruments of the
Authority shall be authenticated by the signature of the
Chairperson or any other member or any officer of the Authority
authorised by it in this behalf.
52. Appointment of officers, consultants and other
employees of the Authority.- (1) For the purpose of discharging
its functions, the Authority shall appoint such number of officers
and other employees as it may consider necessary on such terms
and conditions as may be specified by regulations.
(2) The Authority may appoint, from time to time, any
person as adviser or consultant as it may consider necessary, on
such terms and conditions as may be specified by regulations.
53. Power of the State Government to temporarily
divest the Authority of the development and operation of any
highway.- (1) If, at any time, the State Government is of opinion
that in the public interest it is necessary or expedient so to do, it
may, by order, direct the Authority to entrust the development
and operation of any highway or a part thereof with effect from
such date and for such period and to such person as may be
specified in the order and the Authority shall be bound to comply
with such direction.
(2) Where development and operation of any highway or
part thereof is entrusted to any person specified under sub-section
(1) (hereafter in this section referred to as the authorised person),
the Authority shall cease to exercise and discharge all its powers
and functions under this Act in relation to such highway or part
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thereof and such powers and functions shall be exercised and
discharged by the authorised person in accordance with the
instructions, if any, which the State Government may give to the
authorised person from time to time:
Provided that no such power or function as may be
specified by the State Government by a general or special order
shall be exercised or discharged by the authorised person except
with the previous sanction of the State Government.
(3) The State Government may reduce or extend the period
mentioned in sub-section (1) as it considers necessary.
(4) During the operation of an order made under sub-
section (1), it shall be competent for the State Government to issue,
from time to time, such directions to the Authority as are necessary
to enable the authorised person to exercise the powers and
discharge the functions of the Authority under this Act in relation
to the highway or part thereof, the operation of which has been
entrusted to him and in particular, to transfer any sum of money
from the Fund of the Authority to the authorised person for the
operation of the highway or part thereof and every such direction
shall be complied with by the Authority.
(5) On the cesser of operation of any order made under sub-
section (1) in relation to any highway or part thereof, the
authorised person shall cease to exercise and perform the powers
and functions of the Authority under this Act in relation to such
highway or part thereof and the Authority shall continue to
exercise and perform such powers and functions in accordance
with the provisions of this Act.
(6) On the cesser of operation of any order made under sub-
section (1) in relation to any highway or part thereof, the
authorised person shall hand over to the Authority any
property (including any sum of money or other asset) remaining
with him in connection with the operation of such highway or part
thereof.
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54. Power of the State Government to supersede the
Authority.- (1) If, at anytime, the State Government is of the
opinion-
(a) that the Authority has persistently made default in
complying with any direction issued by the State
Government under this Act or in the discharge of
the functions and duties imposed on it by or under
the provisions of this Act; or
(b) that circumstances exist which render it necessary
in the public interest so to do,
the State Government may, by notification in the Official Gazette,
supersede the Authority for such period, not exceeding one year,
as may be specified in the notification:
Provided that before issuing a notification under this sub-
section for the reasons mentioned in clause (b), the State
Government shall give a reasonable opportunity to the Authority to
show cause why it should not be superseded and shall consider the
explanations and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section
(1) superseding the Authority,-
(a) all the members shall, as from the date of
supersession, vacate their offices as such;
(b) all the powers, functions and duties which may,
or under the provisions of this Act, be exercised
or discharged by or on behalf of the Authority,
shall, until the Authority is reconstituted under
sub-section (3), be exercised and discharged by
such person or persons as the State Government
may direct; and
(c) all property owned or controlled by the Authority
shall, until the Authority is reconstituted under
sub-section (3), vest in the State Government.
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(3) On the expiration of the period of supersession
specified in the notification issued under sub-section (1), the State
Government may-
(a) extend the period of supersession for such further
term, not exceeding one year, as it may consider
necessary; or
(b) reconstitute the Authority by fresh appointment and
in such a case, any person who vacated office under
clause (a) of sub-section (2) shall not be deemed
disqualified for appointment:
Provided that the State Government may, at any time
before the expiration of the period of supersession whether as
originally specified under sub-section (1) or as extended under this
sub-section, take action under clause (b) of this sub-section.
(4) The State Government shall cause a notification
issued under sub-section (1) or sub-section (3) and a full report
of any action taken under this section and the circumstances
leading to such action to be laid before the House of the State
Legislature as soon as may be.
CHAPTER VIII
PROPERTY AND CONTRACTS OF THE AUTHORITY
55. Power of the State Government to vest or entrust
any highway in the Authority.-The State Government may, from
time to time, by notification in the Official Gazette, vest in, or
entrust to, the Authority, such highway or any section thereof as
may be specified in such notification.
56. Transfer of assets and liabilities of the State
Government to the Authority.- (1) On and from the date of
publication of the notification under section 55,-
(a) all debts, obligations and liabilities incurred, all
contracts entered into and all matters and things
engaged to be done by, on behalf of, with, or for,
the State Government, immediately before such date
for or in connection with the purposes of any
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highway or any section thereof vested in, or
entrusted to, the Authority under that section,
shall be deemed to have been incurred, entered
into and engaged to be done by, with, or for, the
Authority;
(b) all non-recurring expenditure incurred by or for the
State Government for or in connection with the
purposes of any highway or any section thereof, so
vested in, or entrusted to, the Authority, up to such
date and declared to be capital expenditure by the
State Government shall, subject to such terms and
conditions as may be prescribed, be treated as
capital provided by the State Government to the
Authority;
(c) all sums of money due to the State Government in
relation to any highway or any section thereof, so
vested in, or entrusted to, the Authority
immediately before such date shall be deemed to be
due to the Authority; and
(d) all suits and other legal proceedings instituted or
which could have been instituted by or against the
State Government immediately before such date
for any matter in relation to such highway or any
section thereof may be continued or instituted by or
against the Authority.
(2) If any dispute arises as to which of the assets, rights or
liabilities of the State Government have been transferred to the
Authority, such dispute shall be decided by the State Government.
57. Compulsory acquisition of land for the Authority.-
Any land required by the Authority for the purposes of this Act
shall be deemed to be land needed for a public purpose and such
land may be acquired for the Authority under sections 5 to 15 in
Chapter II of this Act, as if it is an acquisition for and on behalf of
the State Government.
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58. Contracts by the Authority.- Subject to the provisions
of section 59, the Authority shall be competent to enter into and
perform any contract necessary for the discharge of its functions
under this Act and such contracts may include long-term
concessions for designing, construction, financing and operation of
highways.
59. Mode of executing contracts on behalf of the
Authority.- (1) Every contract shall, on behalf of the Authority,
be made by the Chairperson or such other member or such officer
of the Authority as may be generally or specially empowered in
this behalf by the Authority and such contracts or classes of
contracts as may be specified in the regulations shall be sealed
with the common seal of the Authority:
Provided that no contract exceeding such value or amount
as the State Government may prescribe in this behalf shall be
made unless it has been previously approved by the State
Government:
Provided further that no contract for the acquisition or sale
of immovable property or for the lease of any such property for a
term exceeding one year shall be made without previous approval
of the State Government.
(2) Subject to the provisions of sub-section (1), the form
and manner in which any contract shall be made under this Act
shall be such as may be specified by regulations.
(3) No contract which is not in accordance with the
provisions of this Act and the rules or regulations made thereunder
shall be binding on the Authority.
CHAPTER IX
FUNCTIONS OF THE AUTHORITY
60. Functions of the Authority.- (1) Subject to the rules
made by the State Government in this behalf, it shall be the
function of the Authority to develop and operate the highways or
other roads vested in, or entrusted to, it by the State Government:
Provided that the Authority may carry out any of its
functions either by itself or through a concessionaire.
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(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the Authority may, for the discharge
of its functions, either itself or through other entities -
(a) survey, develop and operate highways vested in, or
entrusted to, it;
(b) construct offices, workshops and other buildings
necessary for discharge of its functions;
(c) Subject to the provisions of Chapter VIII of the
Motor Vehicles Act, 1988 (Central Act No. 59 of
1988) regulate and control the plying of vehicles
on the highways vested in, or entrusted to, it for the
safe and orderly operation thereof;
(d) establish and maintain wayside amenities at or
near the highways vested in, or entrusted to it;
(e) lease, sub-lease, licence or sub-licence the wayside
amenities or the land required for construction or
operation thereof by other entities;
(f) promote and enable the development of habitations,
townships or industrial corridors in the vicinity of
the highway, including acquisition of land for this
purpose;
(g) develop and provide consultancy and construction
services in India and abroad and carry on research
activities in relation to the development and
operation of highways or any facilities thereat;
(h) form one or more companies under the Companies
Act, 2013(Central Act No. 18 of 2013) to further
the efficient discharge of the functions imposed on
it by this Act;
(i) assist, on such terms and conditions as may be
mutually agreed upon, any State Government in the
formulation and implementation of schemes for
highway development;
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(j) collect fees on behalf of the State Government for
services or benefits rendered under section 18 of
this Act, and such other fees on such terms and
conditions as may be specified by the State
Government;
(k) undertake projects for promoting road safety and
install equipments and devices to enhance road
safety;
(l) undertake measures associated with road safety,
including timely responses for provision of
ambulances and trauma care;
(m) undertake and promote studies and research
relating to road safety;
(n) undertake road safety awareness programmes and
conduct training and orientation courses on traffic
regulation and road safety; and
(o) take all such steps as may be necessary or
convenient for, or may be incidental to, the exercise
of any power or the discharge of any function
conferred or imposed on it by this Act.
(3) Subject to the provisions of this Act and the rules made
thereunder, the Authority may regulate the operation of highways
by regulations to be made for and in respect of -
(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 highway;
(g) the manner of regulating or restricting
advertisements on and around highways; and
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(h) generally for the efficient and proper operation of
highways.
(4) Nothing contained in this section shall be construed as -
(a) authorising the disregard by the Authority of any
law for the time being in force; or
(b) authorising any person to institute any proceeding in
respect of a duty or liability to which the Authority
or its officers or other employees would not
otherwise be subject under this Act.
(5) The Authority may engage, or entrust any of its
functions to, any person on such terms and conditions as may be
specified by regulations or as may be approved by the State
Government, including award of concessions for development,
financing and operation of highways, or for operation of highways
and collection of fees.
(6) Without prejudice to the generality of the provisions of
sub-sections (1) and (2), the Authority may, in consultation with
the State Government, plan, promote and enable the development
of habitations, townships or industrial corridors, in the vicinity of
the highway with the objective of accelerating the economic
development of such areas and for optimizing the benefits of a
highway. Such habitations, townships and industrial corridors shall
be developed with prior approval of the State Government and on
such terms and conditions as may be specified in such approval.
The Authority may, after issue of the notification under sub-section
(3) of section 1, acquire land for development of such habitations,
townships or industrial corridors as if such acquisition is for the
purpose of a highway.
(7) The Authority may advise the State Government on any
matter relating to or associated with -
(a) policies in respect of the development and operation
of highways;
(b) policies and rules relating to road safety; and
(c) road safety standards and procedures.
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61. Authority to act on business principles.- In the
discharge of its functions under this Act, the Authority shall act, so
far as may be, on business principles.
62. Power of the Authority to undertake certain works.-
The Authority may undertake to carry out on behalf of the State
Government or any local authority any works or services or any
class of works or services on such terms and conditions as may be
agreed upon between the Authority and the State Government or
the local authority concerned.
63. Maintenance of highway plans.- (1) The Authority
shall maintain authoritative plans for the highways entrusted to it
under this Act.
(2) The plans referred to in sub-section (1) shall show the
boundaries of the highway, the detailed measurements of road
widths, the distances between boundary marks and sufficient
measurements from fixed points to enable the refixation of the
position of boundary marks, in case they have been displaced or
tempered with.
(3) The Authority shall have all such authoritative plans
prepared after having a survey made of the highway and their
boundaries in the manner prescribed.
64. Demarcation of boundaries.- (1) The Authority shall
have the boundaries of the highways in its charge demarcated with
reference to the authoritative plans maintained by it, by planting
stones or other suitable marks of durable nature at intervals all
along the highway in such a manner that the imaginary line
joining such stones or marks shows the road boundary correctly.
(2) Where there are bends or kinks in the road boundary,
the stones or marks shall be so located as to give the correct
configuration of the boundary if they are joined by straight lines.
(3) The boundary stones or marks, which may be given
consecutive numbers, shall be maintained on the ground as if they
constitute part of the highway.
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(4) The Authority shall conduct regular check of the
boundaries of the highways entrusted to it for the purpose of
removing unauthorised encroachments, if any.
(5) When an unauthorised encroachment has been made on
the highway, the Authority shall take immediate steps as specified
in section 42 for the removal thereof.
65. Exercise of powers by the Authority and its officers.-
Notwithstanding anything to the contrary contained in this Act, all
powers to be exercised, and the functions and duties to be
discharged, by the State Government under sections 28 to 43 in
Chapters IV, V and VI of this Act shall be exercised or discharged
by the Authority for and in respect of the highways vested in, or
entrusted to it under section 55, and for this purpose, the Authority
may authorise any of its officers to exercise such powers or
discharge such functions and duties as it may deem fit.
66. Authority to be bound by directions of the State
Government.- (1) Without prejudice to the other provisions of
this Act, the Authority shall, in the discharge of its functions and
duties under this Act, be bound by such directions on questions of
policy as the State Government may give to it in writing from time
to time.
(2) The decision of the State Government whether a
question is one of policy or not shall be final.
CHAPTER X
FINANCE, ACCOUNTS AND AUDIT OF THE AUTHORITY
67. Additional capital and grants to the Authority by
the State Government.- The State Government may, after due
appropriation made by the Rajasthan State Legislature by law in
this behalf,-
(a) provide any capital that may be required by the
Authority for the discharge of its functions under
this Act or for any purpose connected therewith
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on such terms and conditions as the State
Government may determine; and
(b) pay to the Authority, on such terms and
conditions as the State Government may
determine, by way of loans or grants such sums
of money as the State Government may consider
necessary for the efficient discharge by the
Authority of its functions under this Act.
68. Fund of the Authority.- (1) There shall be
constituted a Fund to be called the Rajasthan State Highways
Authority Fund and there shall be credited thereto-
(a) any grant or aid received by the Authority;
(b) any loan taken by the Authority or any borrowings
made by it; and
(c) any other sums received by the Authority.
(2) The Fund shall be utilized for meeting-
(a) expenses of the Authority in the discharge of its
functions having regard to the purposes for which such
grants, loans or borrowings are received and for
matters connected therewith or incidental thereto;
(b) salary, allowances, other remuneration and facilities
provided to the members, officers and other employees
of the Authority; and
(c) expenses on objects and for purposes authorised by this
Act.
69. Budget.- The Authority shall prepare, in such form and
at such time in each financial year as may be prescribed, its budget
for the next financial year, showing the estimated receipts and
expenditure of the Authority and forward the same to the State
Government.
70. Investment of funds.- The Authority may invest its
funds (including any reserve fund) in the securities of the State
Government or fixed deposits of scheduled commercial banks or in
such other manner as may be prescribed.
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71. Borrowing powers of the Authority.- (1) The
Authority may, with the consent of the State Government or in
accordance with the terms of any general or special authority given
to it by the State Government, borrow money from any source by
the issue of bonds, debentures or such other instruments as it may
deem fit for discharging all or any of its functions under this Act.
(2) The provisions of sub-section (1) shall apply to all
commitments of payment exceeding rupees fifty crore per annum
under any concession for financing and development of a highway,
as if such financing is a borrowing of money by the Authority.
(3) Subject to such limits as the State Government may,
from time to time, lay down, the Authority may borrow
temporarily by way of overdraft or otherwise, such amounts as it
may require for discharging its functions under this Act.
(4) The State Government may guarantee in such manner
as it thinks fit the repayment of the principal and the payment of
interest thereon with respect to the borrowings made by the
Authority under sub-section (1) or the commitments of payment
made under sub-section (2).
72. Annual report.- The Authority shall prepare, in such
form and at such time in each financial year as may be prescribed,
its annual report, giving a full account of its activities during the
previous financial year and its plans for development and operation
of highways in the forthcoming year, and submit a copy thereof to
the State Government. Every annual report shall also contain a
review of the performance of the Authority in respect of the plans
contained in the preceding annual report.
73. Accounts and audit.- The accounts of the Authority
shall be maintained and audited in such manner as the State
Government may, in consultation with the Comptroller and
Auditor General of India, prescribe and the Authority shall furnish,
to the State Government before such date as may be prescribed, its
audited copy of accounts together with the auditor’s report thereon.
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74. Annual report and auditor’s report to be laid before
the State Legislature.- The State Government shall cause the
annual report of the Authority and the auditor’s report to be laid, as
soon as may be, after they are received, before the House of the
State Legislature.
CHAPTER XI
OFFENCES AND PENALTIES
75. Unauthorised use of highway.- (1) Whoever uses a
highway or part thereof for any purpose other than for which the
usage of the highway is authorised by this Act or the rules made
thereunder shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend
to twenty thousand rupees, or with both.
(2) A person entering a highway in violation of the
provisions of this Act shall be guilty of criminal trespass and shall
be punishable as such.
76. Unauthorised access to highway.- (1) Whoever,
unauthorisedly connects any highway or part thereof with any
road or passage without lawful authority shall be punishable
with imprisonment for a term which may extend to one year, or
with fine which may extend to one lakh rupees, or with both, and
in the case of a continuing offence, with a daily fine which may
extend to fifty thousand rupees; and if it is proved that any means
exist for causing such access, it shall be presumed, until the
contrary is proved, that such access has been knowingly and
wilfully caused by such person.
(2) Whoever obtains access to a highway or a part thereof
in violation of the provisions of section 29 shall be punishable with
imprisonment for a term which may extend to three months or with
fine which may extend to twenty thousand rupees, or with both.
77. Unauthorised occupation of a highway.- (1) If any
person, who has been evicted from any unauthorised occupation on
a highway land under this Act, again occupies any highway land
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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 two thousand
rupees per square meter of the so occupied highway land but
which shall not exceed two times the cost of private land
adjacent to the highway land, or with both.
(2) Any court, convicting a person under sub-section (1),
may make an order for evicting that person from such occupied
highway land summarily and he shall be liable to such eviction
without prejudice to any other action that may be taken against
him.
78. Use of highway without payment of fee.- Whoever
uses a highway or part thereof without payment of the fee due for
such use shall be punishable with imprisonment which may
extend to one month or with a fine of two thousand rupees or a
fine equal to twice the fee payable for use of the highway by the
offending vehicle for a distance of one hundred kilometres,
whichever is higher, and such fine shall be imposed in addition
to the fee due and payable under this Act and the rules made
thereunder.
79. Unsafe driving.- Subject to the provisions of Chapter
VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of
1988), whoever engages in or abets driving on a highway,-
(a) at a speed exceeding the maximum permissible
speed on a highway by more than ten kilometres
per hour of such maximum permissible speed;
(b) in a state of intoxication or inebriation; or
(c) a goods vehicle which exceeds its maximum
permissible load by more than ten per cent thereof,
shall be deemed to cause danger to the life and property of users
of the highway and shall be punishable with imprisonment for a
term that may extend to six months, or a fine which may extend to
twenty thousand rupees, or with both.
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80. Mischief by injury to highway.- Whoever commits
mischief by doing any act which renders or which he knows to be
likely to render any highway impassable or less safe for travelling
or conveying property, or wilfully causes damage to a highway,
shall be punished with imprisonment of either description for a
term which may extend to five years, or with a fine which shall not
be less than ten thousand rupees but which may extend to one lakh
rupees, or with both.
81. Defacing road signs and signals.- Whoever maliciously
or wilfully damages, defaces, alters, modifies or removes any
road sign, signal, indicator, or apparatus on the highway shall be
punishable with imprisonment for a term which may extend to
two years, or with fine which may extend to fifty thousand rupees,
or with both; and if it is proved that any means exist for causing
such damage, defacing, alteration, modification or removal, it
shall be presumed, until the contrary is proved, that such damage,
defacing, alteration, modification or removal, as the case may be,
has been maliciously or wilfully caused by such person.
82. Seizure and impounding of vehicle.- (1) Without
prejudice to any other provision of this Act, a vehicle which is
used in the course of any offence or for violation of any provision
of this Act shall be liable to seizure and impounding, together with
any goods loaded on it, by an officer of the State Government,
Authority or concessionaire, as the case may be, who is authorised
by the State Government or by the Authority in this behalf.
(2) The officer seizing vehicle under sub-section (1) shall,
within twelve hours from the seizure, file a complaint of the
offence in the Court having jurisdiction and report the seizure of
the vehicle, together with any goods loaded in it, to the said Court
and the Court shall deal with the vehicle and the goods loaded in it,
if any, under Chapter XXXIV of the Code of Criminal Procedure,
1973 (Central Act No. 2 of 1974).
(3) If a vehicle impounded under sub-section (1) is parked at
any place forming part of the highway, its owner or occupier shall
be liable to payment of parking charges for each hour or part
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thereof, which charges shall be equal to the fee payable for use of
the highway by such vehicle for a distance of fifty kilometres.
83. Seizure or compounding by officer of the
concessionaire.- (1) If an officer of the concessionaire authorised
by the State Government or by the Authority in this behalf
exercises any powers to seize or impound any vehicle under this
Act, he shall comply with the following:-
(a) he shall wear a light blue uniform and a dark blue cap,
with his name displayed on his chest, and shall carry an
identity card issued by the concessionaire and
countersigned by an officer of the State Government
authorised for this purpose;
(b) he shall capture, or caused to be captured, the
offence on a camera and show the same on demand to
the person accused of such offence; and
(c) he shall, within twelve hours from the seizure, file a
complaint of the offence to the Court having
jurisdiction and report the seizure of the vehicle,
together with any goods loaded in it, to the said Court
and the Court shall deal with the vehicle and the goods
loaded in it, if any, under Chapter XXXIV of the Code
of Criminal Procedure, 1973 (Central Act No. 2 of
1974).
(2) No officer of the concessionaire shall be authorised
by the State Government or by the Authority to seize or impound
any vehicle or conduct any search or seizure under this Act
unless he is a person who has served in the police or in any
armed force of the Central Government or any State Government
for a period of at least 5 (five) years and has retired (not resigned
or dismissed) in the rank of at least an inspector of police or
equivalent and fulfills such other conditions as may be prescribed.
(3) An officer of the concessionaire acting under the
provisions of this Act shall be deemed to be acting on behalf of the
concessionaire in pursuance of the provisions of sub-section (3) of
section 19 of this Act.
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84. Punishment for non-compliance of orders or
directions.- Whoever, fails to comply with any order or direction
given under this Act by the State Government or the Authority or
any officer authorised by the State Government or the Authority
in this behalf, as the case may be, within such time as may be
specified in the said order or direction or contravenes or attempts
or abets the contravention of any of the provisions of this Act or
any rules or regulations made thereunder, shall be punishable with
imprisonment for a term which may extend to three months or with
fine, which may extend to one lakh rupees, or with both, in respect
of each offence and in the case of a continuing failure, with an
additional fine which may extend to twenty thousand rupees for
every day during which the failure continues.
85. Power of police to investigate.- For the purposes of
investigation of an offence punishable under this Act, a police
officer shall have all the powers as provided in Chapter XII of the
Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
86. Offences by companies.- (1) Where an offence 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:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed by a
company, and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer
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shall also be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section-
(a) “company” means any body corporate and includes a
firm or other association of individuals; and
(b) “director” means a whole time director in the
company and in relation to a firm means a partner in
the firm.
87. Power of search and seizure.- (1) Any officer of the
State Government, Authority or concessionaire, as the case may
be, authorised in this behalf by the State Government or by the
Authority, may-
(a) enter, inspect, break open and search any vehicle
which he has reason to believe is involved in an
offence under this Act;
(b) search, seize and remove all such devices,
instruments or articles which have been, or are
being, used for such offence; and
(c) examine or seize any documents which in his
opinion shall be useful for or relevant to, any
proceedings in respect of the offence under this
sub-section (1) and allow the person from whose
custody such documents are seized to make copies
thereof or take extracts therefrom in his presence.
(2) The occupant of the vehicle of search or any person on
his behalf shall remain present during the search and a list of all
things seized in the course of such search shall be prepared and
delivered to such occupant or person who shall sign the list.
(3) The provisions of the Code of Criminal Procedure, 1973
(Central Act No. 2 of 1974), relating to search and seizure shall
apply, as far as may be, to searches and seizure under this Act.
88. Factors to be taken into account by courts.- While
adjudicating the quantum of penalties and fines to be imposed
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under this Act, the court shall have due regard to the following
factors, namely:-
(a) the amount of potential gain or unfair advantage,
wherever quantifiable, made as a result of the
offence;
(b) the repetitive nature of the offence; and
(c) the damage caused or danger posed to users of a
highway or to other persons; and damage to any
property or works comprising a highway.
CHAPTER XII
MISCELLANEOUS
89. Application of the Rajasthan State Road
Development Fund Act, 2004.- Notwithstanding anything to the
contrary contained in the Rajasthan State Road Development Fund
Act, 2004 (Act No. 13 of 2004), the State Government shall, in
accordance with the provisions of section 9 of that Act, earmark at
least fifty per cent of the funds collected under that Act in any
year, for the development and maintenance of state highways, and
the provisions of that Act shall be deemed to be amended to the
extent specified in this section.
90. Delegation of powers by the State Government.- (1)
The State Government may, by notification in the Official
Gazette, direct that any power exercisable by it (except the powers
conferred by section 102) under this Act shall, subject to such
conditions, if any, as may be specified in the notification, be
exercisable by the Authority or any other authority or by an officer
of the State Government or the Authority, as may be specified in
the notification.
(2) Where the Act so provides, the State Government
may, by order authorise such-
(a) gazetted officer of the State Government; or
(b) officer of the Authority, equivalent to a gazetted
officer of the State Government,
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to exercise such powers and discharge such functions of the State
Government as may be specified in the order.
(3) The State Government may specify in the order made
under sub-section (1) or sub-section (2), 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.
(4) The State Government may by notification in the
Official Gazette, authorise such employee of the concessionaire or
any other person, as it deems suitable, to regulate traffic under
this Act and to exercise such powers and discharge such
functions in respect thereof as may be specified in the
notification, and any person acting in pursuance of such
notification shall be deemed to be the authority or the
authorised officer under that Act for the purposes of exercising
the powers and discharging the functions specified in such
notification.
91. District Road Safety Council.- (1) The State
Government may, by notification in the Official Gazette, constitute
a Council to be called the District Road Safety Council in every
district in the State.
(2) Every District Road Safety Council shall consist of the
following members, namely:-
(a) the District Collector -ex-officio; who shall be the
Chairman of the Council;
(b) the District Superintendent of Police -ex-officio;
(c) the Superintending Engineer (Roads and Bridges)
having jurisdiction over the district -ex-officio;
(d) an officer of the Authority having jurisdiction over
the district to be nominated by the Chairperson of
the Authority -ex-officio;
(e) an officer of the National Highways Authority of
India to be nominated by the Chairperson of that
Authority -ex-officio;
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(f) the regional transport officer having jurisdiction
over the headquarters of the District -ex-officio;
who shall be the Member-Secretary of the
Council;
(g) an expert in the field of road safety, to be
nominated by the State Government; and
(h) a person representing a non-government
organisation having experience in road safety
matters, to be nominated by the District Collector.
(3) The District Road Safety Council shall exercise such
powers and perform such functions, as the State Government may,
from time to time, delegate under this Act.
92. District Road Safety Council to submit reports etc.-
Every District Road Safety Council shall submit such reports and
returns and furnish such information to the State Government, as
may be required from time to time, and the State Government shall
compile and cause to be laid a consolidated report before the
House of the State Legislature for and in respect of each year.
93. Finality of orders.- Save as otherwise expressly
provided in this Act, every order made or any action taken by the
State Government or the Authority or an officer authorised in this
behalf by the State Government or the Authority, as the case
may be, 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 on the State Government, Authority or the
officer authorised in that behalf.
94. Appeal.- (1) Any person aggrieved by a decision or
order of any officer authorised by the State Government in that
behalf may file an appeal to the Divisional Commissioner having
jurisdiction, within sixty days from the date of communication of
the decision or order to him:
Provided that the Divisional Commissioner may, if he is
satisfied that the appellant was prevented by sufficient cause from
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filing the appeal within the said period, allow it to be filed within a
further period not exceeding sixty days.
(2) Any person aggrieved by a decision or order of any
officer authorised by the Authority in that behalf may file an
appeal to a Member of the Authority designated by the Authority
in this behalf, within sixty days from the date of communication of
the decision or order to him:
Provided that such Member of the Authority may, if he is
satisfied that the appellant was prevented by sufficient cause
from filing the appeal within the said period, allow it to be filed
within a further period not exceeding sixty days.
(3) Any person aggrieved by a decision or order of the
Divisional Commissioner or Member of the Authority, as the case
may be, may file an appeal to the High Court within sixty days
from the date of communication of the decision or order to him, on
any one or more of the grounds specified in section 100 of the
Code of Civil Procedure, 1908 (Central Act No. 5 of 1908):
Provided that the High Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
within the said period, allow it to be filed within a further period
not exceeding sixty days.
95. Bar of jurisdiction.- Save as provided in this Act, no
appeal shall lie in any court or other authority and no civil court
shall have any jurisdiction in respect of any matter in respect of
which the State Government or the Authority, or any officer
authorised by the State Government or the Authority in that
behalf is empowered by or under this Act and no injunction shall
be granted by any court or other authority in respect of any action
taken or proposed to be taken in pursuance of any power conferred
by or under this Act.
96. Conduct of inquiry.- An officer authorised in this
behalf under this Act shall, if he decides to make any inquiry for
the purposes of this Act, make a summary inquiry in such manner
as may be prescribed.
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97. Employees of the Authority and the concessionaire
to be public servants.- All members, officers and employees of
the Authority or the concessionaire shall, when acting or
purporting to act in pursuance of the provisions of this Act or of
any rule or regulation made thereunder, be deemed to be public
servants within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act No. 45 of 1860).
98. Protection of action taken in good faith.- (1) No suit,
prosecution or other legal proceeding shall lie against the
Authority or any member or officer or employee of the Authority
for anything which is in good faith done or intended to be done
under this Act or the rules or regulations made thereunder.
(2) No suit, prosecution or other legal proceeding shall lie
against the Authority or any member or officer or employee of the
Authority for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done under
this Act or the rules or regulations made thereunder.
99. Powers and duties of police.- Every police officer
shall forthwith furnish information to the nearest officer of the
Authority or any officer subordinate thereto of any offence under
this Act coming to his knowledge and shall be bound to assist the
Authority and its officers and employees in the exercise of their
lawful authority.
100. 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 a
highway, he shall forthwith inform the nearest police station or
the nearest office of the Authority or any officer authorised in
this behalf by the State Government or the Authority, the
commission of such offence and shall also be duty bound to assist
the State Government or the Authority and such authorised
officer in prosecuting the offender of the offence.
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101. Power to enter.- Subject to any rules made in this
behalf, any person, generally or specially authorised by the State
Government or the Authority in this behalf, may, whenever it is
necessary so to do for any of the purposes of this Act, at all
reasonable times, enter upon any land or premises, and-
(a) make any inspection, survey, measurement, valuation or
enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such boundaries and lines by placing marks and
cutting trenches; or
(f) do such other acts or things as may be prescribed:
Provided that no such person shall enter any boundary or
any enclosed court or garden attached to a dwelling house (except
with the consent of the occupier thereof) without previously giving
such occupier at least twenty-four hours’ notice in writing of his
intention to do so.
102. Power of the State Government to make rules.- (1)
The State Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for-
(a) the manner for maintaining records in which lands
are shown and the manner of proving claim for
correction of such records, under sub-section (2) of
section 4;
(b) the manner of depositing of amount of
compensation, under sub-section (1) of section 8;
(c) the manner and terms of determining the amount
of compensation, under sub-section (1) of section 11;
(d) the manner of depositing the amount by the State
Government, under sub-sections (1) and (6) of
section 13;
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(e) the development and operation of a highway by the
Authority or any officer or authority subordinate
to the State Government, under sub-section (1) of
section 16;
(f) upkeep and inspection of highways, under clause
(a) of sub-section (2) of section 16;
(g) safety of users, under clause (b) of sub-section (2)
of section 16;
(h) road safety standards and procedures, under
clause (c) of sub-section (2) of section 16;
(i) the manner of preventing obstructions on the
highway, under clause (d) of sub-section (2) of
section 16;
(j) the manner of prohibiting parking or waiting of
vehicles on highways, under clause (e) of sub-
section (2) of section 16;
(k) the manner of prohibiting or restricting access to
any part of the highway, under clause (f) of sub-
section (2) of section 16;
(l) the manner of regulating or restricting
advertisements, under clause (g) of sub-section (2)
of section 16;
(m) matters generally for the efficient and proper
operation of highways, under clause (h) of sub-
section (2) of section 16;
(n) the rates at which fees for services rendered in
relation to the use of a highway may be levied, the
exemption from payment of fees for vehicles
engaged in specified public purposes, and the
manner and form in which such fees shall be
tendered and collected, under section 18;
(o) the manner of collecting and retaining fees, under
sub-section (2) of section 19;
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(p) authorising the use of any class, category or
location of lands, under section 20;
(q) the form of application and the information to be
provided therein for constructing building or other
work in the control zone, under sub-section (2) of
section 21;
(r) the form of application and quantum of fees to be
accompanied therewith and the terms and
conditions for permission, under sub-section (2)
of section 30;
(s) the form of licence, the period and the manner of
renewal of such licence, under sub-section (3) of
section 30;
(t) the limit of laden weight and the provisions subject
to which the plying of vehicles on the highways
may be prohibited, under section 33;
(u) the traffic signs to be placed or erected, under
section 36;
(v) the safety and control for allowing any vehicle or
animal to stand or proceed on a highway under
sub-section (1) of section 38;
(w) the form of application, under sub-section (2) of
section 39;
(x) the fees and other charges to be imposed, under
sub-section (3) of section 39;
(y) the conditions subject to which, the rent and
other charges on payment of which and the form
in which the permit may be issued, under sub-
section (2) of section 40;
(z) the conditions, payment of rent and other charges
for grant of lease or licence of highway land, under
section 41;
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(za) the feasible cost for making construction including
alteration of any construction, under sub-section
(7) of section 42;
(zb) the additional matter in respect of which an
officer authorised by the State Government may
exercise the powers of a civil court, under sub-
section (8) of section 42;
(zc) the form of bill for removal of unauthorised
occupation of highway land, under sub-section (2)
of section 43;
(zd) the conditions of service of members, under
section 45;
(ze) the terms and conditions for non-recurring
expenditure being treated as capital, under clause
(b) of sub-section (1) of section 56;
(zf) the value of contract, under sub-section (1) of
section 59;
(zg) the manner in which the survey of the highway
and its boundaries is to be made, under sub-
section (3) of section 63;
(zh) the form and the time within which the Authority
shall prepare its budget, under section 69;
(zi) the manner in which the Authority may invest its
funds, under section 70;
(zj) the form and time within which the Authority shall
prepare its annual report, under section 72;
(zk) the manner in which the accounts of the Authority
shall be maintained and audited and the date before
which the audited copy of the accounts together
with the auditor’s report thereon shall be furnished
to the State Government, under section 73;
(zl) the conditions to be fulfilled by a person who is
authorised, under sub-section (2) of section 83; and
(zm) the manner of summary inquiry, under section 96.
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103. Power of the Authority to make regulations.- (1)
The Authority may, by notification in the Official Gazette, make
regulations not inconsistent with this Act and the rules made
thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such regulations may provide for all or any of
the following matters, namely:-
(a) the time, place and rules of meetings, under sub-
section (1) of section 48;
(b) terms and conditions of employment of officers
and other employees, under sub-section (1) of
section 52;
(c) terms and conditions of employment of advisers or
consultants, under sub-section (2) of section 52;
(d) the class or classes of contracts, under sub-section
(1) of section 59;
(e) the form and manner of contract, under sub-section
(2) of section 59;
(f) upkeep and inspection of highways, under clause
(a) of sub-section (3) of section 60;
(g) safety of users, under clause (b) of sub-section (3)
of section 60;
(h) road safety standards and procedures, under clause
(c) of sub-section (3) of section 60;
(i) the manner of preventing obstructions on the
highways, under clause (d) of sub-section (3) of
section 60;
(j) the manner of prohibiting the parking or waiting of
vehicles on highways, except at places earmarked
for this purpose, under clause (e) of sub-section (3)
of section 60;
(k) the manner of prohibiting or restricting access to
any part of the highway, under clause (f) of sub-
section (3) of section 60;
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(l) the manner of regulating or restricting
advertisements on and around highways, under
clause (g) of sub-section (3) of section 60;
(m) matters generally for the efficient and proper
operation of highways, under clause (h) of sub-
section (3) of section 60;
(n) the terms and conditions for operation of highways
and collection of fees, under sub-section (5) of
section 60.
104. 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.
105. Power to remove difficulties.- (1) If any difficulty
arises in giving effect to the provisions of this Act, the State
Government may, by notification in the Official Gazette, make
an order not inconsistent with the provisions of this Act as may
appear to it to be necessary or expedient for the removal of the
difficulty:
Provided that no such order shall be made after the
expiration of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as
soon as may be after it is made, before the Rajasthan State
Legislature.
106. Rules and regulations to be laid before the
Rajasthan State Legislature.-Every rule and every regulation
made under this Act shall be laid, as soon as may be after it is so
made, before the House of the State Legislature, while it is in
session, for a period of not less than fourteen days which may be
comprised in one session or in two or more successive sessions
and if before the expiry of the session in which it is so laid or of
the sessions immediately following, the House of the State
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Legislature makes any modification in the rule or resolves that the
rule or regulations should not be made, the rule or regulations, as
the case may be, shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done thereunder.
107. Repeal and savings.- (1) The Rajasthan Highways
Act, 1995 (Act No. 27 of 1995) and the Rajasthan Road
Development Act, 2002 (Act No. 5 of 2002) are hereby repealed.
(2) Notwithstanding anything contained in sub-section (1)
but without prejudice to the provisions of the Rajasthan General
Clauses Act, 1955 (Act No. 8 of 1955), any rule, notification, or
order made or issued or any contracts entered into or any fee levied
or rates fixed under the Rajasthan Road Development Act, 2002
(Act No. 5 of 2002) shall, so far as they are not inconsistent with
the provisions of this Act, continue to be in force until they are
repealed or superseded by any rule, notification, order or contract,
as the case may be, made, issued or entered into under this Act.
__________
The Schedule
[See section 3]
STATE HIGHWAYS
Serial
No.
State
Highway
No.
Description of State Highways
1. 1 Jhalawar to Mathura via Jhalarapatan,
Khandiya Choraha, Baran, Mangrol, Itawa,
Laban, Lakheri, Indergarh, Sawai Madhopur,
Bhadoti, Gangapur, Hindaun, Bayana and
Bharatpur.
2. 2 Dausa to Kuchaman via Lawan, Tunga,
Phagi, Dudu, Sambhar, Nawan, Palari and
Kuchaman.
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3. 2A Dholpur (NH-3) to Rajakhera up to State
Border.
4. 2B Palari to Khatu via Managlana and Makrana.
5. 2C Jaipur to Nawan via Jobner and Pachkodiya.
6. 3 Ganganagar to Bikaner via Padampur,
Raisinghnagar, Anupgarh, Gharsana and
Chattargarh.
7. 6 Dungargarh (NH-11) to Rajgarh via
Sardarshahar and Taranagar.
8. 6A Sawai Bari (SH-6) to Sattasar via Varsisar
and Lunkaransar.
9. 7 Kishangarh to Sangaria via Roopangarh,
Parbatsar, Manglana, Kuchaman, Losal,
Salasar, Ratangarh, Sardarsahar, Pallu,
Rawatsar and Hanumangarh.
10. 7A Hanumangarh to Abohar via Sadulshahar.
11. 7B Sadulshahar Ganganagar, Mirzawala and
Karanpur.
12. 7C Ratangarh to Talchhapar.
13. 7D Ranasar (SH-7) to Ladunun via Daulatpura
and Deedwana.
14. 7E Sarwar to Kishangarh via Arai.
15. 8 Sikar to Luharu up to State Border via
Nawalgarh, Jhunjhunu, Chirawa and Surajgarh.
16. 8A Sikar to Pachkodia via Lalas, Ghatwa, Danta
Ramgarh and Renwal.
17. 8B Jatawali to Kaladera via Chomu.
18. 9 Dabok (NH-76) to Chittaurgarh via Mavali,
Bhopalsagar and Kapasan.
19. 9A Katunda to Shri Chhatarpura via Barodia,
Chechat and Ramganj Mandi.
20. 9B Suket to Ramganj Mandi.
21. 11 Sanchore (NH-15) to Abu Road via
Raniwara Kalan and Mandar.
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22. 12 Sanganer to Kankroli via Phagi, Diggi,
Malpura, Sanwariya, Kekari, Shahpura,
Mandal and Bhilwara.
23. 13 Alwar to Rajgarh via Kushalgarh, Talvarksh,
Narayanpur, Thanagazi, Ghata Bhandrol,
Shahpura, Kanwat, Neem ka Thana, Khetri,
Singhana, Chirawa and Pilani.
24. 14 Bharatpur to Narnaul (State Border) via Deeg,
Nagar, Meo ka Baroda, Baggar ka Tiraha,
Alwar, Beharor, Tatarpur and Bardod.
25. 15 Mangalwar to Neemach up to State border
via Dungala, Badi Sadari and Chhoti Sadari.
26. 16 Chawa to Amaratiya (NH-8) via sindri,
Jalore, Sanderao, Sadari and Desuri.
27. 19 Phalodi (NH-15) to Needar via Aahu, Pachudi,
Nagaur, Tarneu, Khatu Kalan, Khatu khurd,
Toshina, Kuchaman, Bhuni, Maroth, Deoli
Minda, Renwal Crossing and Kaladera.
28. 19A Jhalawar to Aagar (State Border) via
Pipaliya, Suliya, Bhawani Mandi and Dug.
29. 19B Mangrol (SH-1) to Rajpura via Bambori
Kalan.
30. 20 Sikar to Nokha via Salasar, Sujangarh and
Talchhapar.
31. 21 Dantiwara to Mertacity via Piparcity and
Borunda.
32. 21A Parbatsar up to NH-89 Junction via Piplad,
Bagaut, Harsore, Bherunda and Dodiyana.
33. 22 Mandrayal to Pahadi upto State Border via
Karauli, Hindaun, Mahuwa, Kathoomar
Kherli and Nagar.
34. 23 Bharatpur (NH-11-Uncha Nagla) to Dholpur
(NH-11B) via Roopwas and Sepau.
35. 24 Bhadoti Mod (SH-1) to Bassi via Junction of
NH-11B Lalsot and Tunga.
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36. 25 Dharuhera to Gangapur via Bhiwadi,
Tapookara, Tijara, Kishangarh Bas, Alwar,
Rajgarh, Bandikui, Sikandara, Gangapur and
Gadi Sawai Ram.
37. 25A Tehla to Gadi Sawai Ram (SH-35) via
Rajgarh.
38. 26 Nasirabad to Deoli (SH-12) via Kekri.
39. 27 Sirohi (NH-14) to Deesa up to District
Border via Mandar.
40. 28 Phalodi (NH-15) to Ramji ki Gol via
Daechu, Shergarh, Pachpadara, Balotra,
Sindri and Guda-Malani.
41. 28B Pachpadra (NH-112) to Bagundi.
42. 29 Uniara (NH-116) to Bijoliya (NH-76) via
Bundi, Indergarh, Lakheri up to NH-76.
43. 29 A NH- 11A (Km.13/300) to Sirska via Tehla.
44. 30 Sawai Madhopur (NH-116) to Palighat up to
State Border.
45. 31 Jalore (SH-16) to Raniwara Kalan (SH-11)
via Ramseen Bhinmal.
46. 32 Sadari (SH-16-62) to Banswara via
Ranakpur, Gogunda, Udaipur, Salumber
Aspur, Sabala, Lohariya and Ganoda.
47. 33 Rawatbhata (SH-9A) to Laban via Kota,
Keshoraipatan and Kapren.
48. 34 Tonk to Keshoraipatan via Nagar, Nainwa
and Khatkad.
49. 35 Mahuwa to Govindgarh (SH-45) via Gadi
Sawai Ram and Laxmangarh.
50. 36 Churu (NH-65) to Ganganagar via
Taranagar, Sahawa, Nohar, Thaladaka,
Munda, Hanumangarh and Lalgarh.
51. 37 Chomu (NH-11) to Churu via Ajeetgarh,
Shrimadhopur, Khandela and Udaipurwati.
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52. 37A Dudu to Manoharthana via Malpura,
Todaraisingh, Nainwa, Khatkad, Kapren,
Barod and Baran.
53. 37B Kotputali (NH-8) to Losal (SH-7) via Patan,
Neemka Thana, Chala, Udaipurwati, Sikar
and Dhod.
54. 37C Udaipuriya Mod (NH-11) to Mundru
(SH-37) via Khejroli.
55. 38 Sirohi (NH-14) to Balotra (NH-112) via
Jawal, Kalandri, Ramseen, Jalore, Mokalsar
and Siwana.
56. 39 Satur (NH-12) to Mundwa via Jahajpur,
Shahpura, Vijaynagar, Beawar, Mertacity,
Lambia, Merta road and Khajwana.
57. 40 Gadara road to Nachana via Pokharan,
Barmer, Chawa, Baytoo, Kanod, Phalsoond,
Miniyana and Pokharan.
58. 41 Fatehpur to Rajgarh via Jhunjhunu, Alsisar
and Malsisar.
59. 42 Bari (NH-11B) to Kheragarh up to State
Border via Saipau and Basai-Nawab.
60. 43 Bari (NH-11B) to Sonkh up to State Border
via Baseri, Bandh-Baretha, Uchchain and
Bharatpur.
61. 44 Natani ka Bara to Kaman Koshi Road via
Mala Khera, Laxmangarh, Kathoomar,
Nadbai and Deeg.
62. 45 Ramgarh (SH-13) to Fatehpur Sikri (up to
State Border) via Govindgarh, Sikri, Nagar,
Nadbai, Weir, Bayana and Radwal.
63. 48 Chhani to Rani.
64. 49 Mavli to Charbhujaji (SH-16) via Nathdwara
and Kelwara.
65. 51 Kota to Dharnawada up to State Border via
Ladpura, Sangod and Chhabara.
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66. 52 Ajaraka (SB) to Tala via Mundawar,
Sodawas, Harsora, Narayanpur and Thanagazi.
67. 53 Bhindar to Rishabhdeo via Bambora,
Salumbar and Kalyanpur.
68. 54 Aspur to Sarthuna via Punjpur, Punali,
Dobra, Simalwara and Peeth.
69. 55 Gudha (SH-52) to Jaipur (NH-8) via Kishori,
SidhkaTibara, Jhiri, Andhi and Ramgarh.
70. 56 Mandri (SH-12) to Lassani Tal up to NH-8
via Amet and Devgarh.
71. 57 Mokhampura (NH-8) to Sambhar via Phulera.
72. 58 Jodhpur to Bhim up to NH-8 via Vinayaka,
Rajola, Sojat City, Rendiri, Bhaisana, Sojat
Road, Kantaliya and Baban.
73. 59 Beawar to Nimbi Jodha via Pisangan,
Govindgarh, Ladpura,Tehla, Bherunda,
Harsore, Degana, Khatu and Bhanthri.
74. 60 Thanwala to Ganeri (SH-20) via Bherunda,
Neemari, Kothariya, Degana, Sanjhun and
Tarneu Jayal Deedwana.
75. 61 Phalodi (NH-15) to Mandal via Osian,
Mathania, Jodhpur, Khejrali, Bhatenda,
Sardarsamand, Jadan, Marwar Junction,
Aauwa, Jojawar, Kamalighat, Devgarh and
Rajaji ka Kareda.
76. 62 Bilara to Pindwara via Sojat, Sireeyari,
Jojawar, Bagol, Desuri, Sadari and Sewari.
77. 63 Banar to Kuchera via Bhopalgarh, Asop.
78. 64 Rohat (NH-65) to Ahore (SH-16) via Vasi
and Bhadra June.
79. 65 Sheo (NH-15) to Shergarh via Bhiyad,
Barnawa Jagger, Patodi and Phalsoond.
80. 66 Siwana to Dhandhaniya (NH-114) via Samdari,
Kalyanpur and Mandli Rodhawa Kalan.
81. 67 Sardarsamand (SH-61) to Desuri (SH-62)
via Pali, Ramsiya, Somesar and Nadol.
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82. 68 Dangiyawas (NH-112) to Balotra via
Kakelao, Khejarli, Guda Bishnoiya, Kakani,
Luni, Dhundhara and Rampura Samdari.
83. 69 Churu Bhaleri.
84. 70 Tather to Shivpuri (S.B.) via Digod, Kota,
Sultanpur, Itawa and Khatoli.
85. 71 Kund to Miyada via Koyala, Kotrisunda,
Majarawata, NH-76, Jaleda, Heekar, Piplod
and Atru.
86. 72 Baran, Jalwara, Nahargarh, Padon up to
State Border.
87. 73 NH-11 Junction–Ramu Ka Was to Badhadar
J. NH-11 Sikar City Portion.
दQपक माहे[ वरQ,
Principal Secretary to the Government.
154
Government Central Press, Jaipur.
About this act
- Jurisdiction
- Rajasthan
- Enactment date
- 2015-04-29
- Sections available
- 107
Read the sections
1Short title, extent and commencement→2Definitions→3Declaration of Certain highways to be state highways→4State highways to vest in the State→5Power to acquire land, etc→6Hearing of objections→7Declaration of acquisition→8Power to take possession→9Right to enter into the land vested in the Government→10Determination of compensation by competent authority→11Determination of compensation by arbitrator→12Determination of amount payable as compensation→13Deposit and payment of amount→14Competent authority to have certain powers of civil court→15Resettlement and Rehabilitation Award→16Development and operation of highways→17Power to issue directions to the Authority→18Fees for services or benefits rendered on highways→19Agreements for development and operation of highways→20Restrictions on land in a control zone→21Prohibition of construction within control zone→22Exemption for certain works→23Reconstruction of demolished buildings→24Regulation of access in control zone→25Restriction on change in land use→26Levy of betterment charges in control zone→27Removal of unauthorised construction→28Restrictions on use of highway→29Restrictions on access to highways→30Procedure for permission of access to highway→31Regulation or diversion of access, etc→32Power to regulate traffic→33Prohibition of use of heavy vehicles on certain highways→34Temporary closure of traffic on highway→35Permanent closure of highway→36Power to restrict the use of highway→37Prevention and repair of damage to highway→38Prohibition to leave vehicles or animals in dangerous position→39Construction on highway land→40Restrictions on occupation of highway land→41Grant of licence for temporary use→42Removal of unauthorised occupation→43Recovery of cost of removal of unauthorised occupation→44Constitution of the Authority→45Term of office and conditions of service of members→46Disqualifications for appointment as member→47Eligibility of member for re-appointment→48Meetings→49Vacancy in the Authority not to invalidate proceedings→50Delegation of powers by the Authority→51Authentication of orders and other instruments of the Authority→52Appointment of officers, consultants and other employees of the Authority→53Power of the State Government to temporarily divest the Authority of the development and operation of any highway→54Power of the State Government to supersede the Authority→55Power of the State Government to vest or entrust any highway in the Authority→56Transfer of assets and liabilities of the State Government to the Authority→57Compulsory acquisition of land for the Authority→58Contracts by the Authority→59Mode of executing contracts on behalf of the Authority→60Functions of the Authority→61Authority to act on business principles→62Power of the Authority to undertake certain works→63Maintenance of highway plans→64Demarcation of boundaries→65Exercise of powers by the Authority and its officers→66Authority to be bound by directions of the State Government→67Additional capital and grants to the Authority by the State Government→68Fund of the Authority→69Budget→70Investment of funds→71Borrowing powers of the Authority→72Annual report→73Accounts and audit→74Annual report and auditor’s report to be laid before the State Legislature→75Unauthorised use of highway→76Unauthorised access to highway→77Unauthorised occupation of a highway→78Use of highway without payment of fee→79Unsafe driving→80Mischief by injury to highway→81Defacing road signs and signals→82Seizure and impounding of vehicle→83Seizure or compounding by officer of the concessionaire→84Punishment for non-compliance of orders or directions→85Power of police to investigate→86Offences by companies→87Power of search and seizure→88Factors to be taken into account by courts→89Application of the Rajasthan State Road Development Fund Act, 2004→90Delegation of powers by the State Government→91District Road Safety Council→92District Road Safety Council to submit reports etc→93Finality of orders→94Appeal→95Bar of jurisdiction→96Conduct of inquiry→97Employees of the Authority and the concessionaire to be public servants→98Protection of action taken in good faith→99Powers and duties of police→100Duty of village officials→101Power to enter→102Power of the State Government to make rules→103Power of the Authority to make regulations→104Act to have overriding effect→105Power to remove difficulties→106Rules and regulations to be laid before the Rajasthan State Legislature→107Repeal and savings→
Schedules
India Code, Government of India. Text fetched 12 Oct 2026. Source metadata reports last modification: 2024-03-05. Check the linked official text and subsequent notifications when applying a provision.