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THE CONTROL OF NATIONAL HIGHWAYS

(LAND & TRAFFIC) ACT, 2002
Shri S. B. Basu
Chief Engineer (Planning)
Department of Road Transport & Highways
June, 2006
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NEED FOR A NEW LAW
No effective law.
- To prevent and remove encroachments on NH.
- To regulate traffic on NH.
- To determine access points to NH.
- To control construction on NH land
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EFFECTS OF ABSENCE OF
EFFECTIVE LAWS
- Congestion and choking of NHs by
undesirable road side development and
encroachment.
- Widening of NH difficult and costly and
often impossible.
- Residential and commercial activities
extending to NH land.
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EFFECTS OF ABSENCE OF
EFFECTIVE LAWS (Contd.)
- Traffic on NH subject to hardship.
- Premature failure of roads and bridges by
overloading.
- Waste of fuel, loss of speed, high rate of
accidents, increased vehicle operating costs
and unhealthy and unhygienic conditions.
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The Act
The Act comprises of 8 chapters
consisting of 50 sections.
The Act has come into force on 27.1.2005
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CHAPTERS
Chapter I: Preliminary (Sections 1 & 2)
Chapter II: Establishment of Highway
Administration and Tribunals etc. (Sections 3
to 22)
Chapter III: Prevention of unauthorised
occupation of Highway land and their removal
(Sections 23 to 27)
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CHAPTERS (Contd)
Chapter IV: Control of access to the National
Highways (Sections 28 to 30)
Chapter V: Regulation of different types of
traffic on National Highways (Sections 31 to 37)
Chapter VI: Regulation of construction on
Highway land for public utilities, drains, etc.
(Section 38)
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CHAPTERS (Contd)
Chapter VII: Offence and Penalty (Section 39)
Chapter VIII: Miscellaneous (Sections 40 to 50)
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DETAILS OF VARIOUS CHAPTERS
Chapter I: Title and Definition
Chapter II: Highway Administration and
Tribunal Establishment, Composition, Power,
Jurisdiction, Appointment, etc
Chapter III: Land Register, Prevention of
unauthorised occupation, grant of lease /
license for temporary use of land, removal of
unauthorised occupation
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DETAILS OF VARIOUS CHAPTERS (Contd)
Chapter IV: Access to Highway and
procedure for permission of access
Chapter V: Regulation of traffic, prohibition of
use of heavy vehicles, temporary and
permanent closure, to restrict the use of
vehicle, prohibition to leave vehicles or animals
in a dangerous position
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DETAILS OF VARIOUS CHAPTERS (Contd)
Chapter VI: Construction on Highway land
and its permission
Chapter VII: Offence and Penalty
Chapter VIII: Legal assistance, duty of village
officials, conduct of inquiry, power to make
rules, etc
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FOLLOWING INSTITUTIONS ARE
PROPOSED UNDER THE ACT
- Highway Administrations (HA) as
executing agencies. 192 HAs have
been set up
- National Highways Tribunals as the
appellate forums against the orders of
HA. 8 Tribunals have been set up
- Jurisdiction of H.A.s and Tribunals
included in the notifications
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HIGHWAY ADMINISTRATION
Officers of the Central Government or
State Government can be appointed as
Highway Administration
Limits of jurisdiction will be defined
Highway Administration shall exercise
powers and discharge functions
conferred under the Act
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HIGHWAY ADMINISTRATION (Contd)
Highway Administration may appoint
gazetted officers of Central Government /
State Government or officers of NHAI to
exercise powers and discharge functions
as specified
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UNAUTHORISED OCCUPATION
- A register of highway land owned by Central
Government to be maintained by HA
- HA permission is necessary for use of highway
land
- Rent and other charges payable by applicant to
HA before permission
- NH land to be restored by applicant in original
condition after expiry of permission
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UNAUTHORISED OCCUPATION (Contd.)
- Unauthorised occupation is liable to be removed
after proper notice
- Unauthorised occupation can be removed without
notice if it is not possible to serve the notice, in the
interest of traffic safety. Police assistance can be
sought
- HA empowered to impose penalty for unauthorised
occupation
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ACCESS TO HIGHWAY LAND
- No access of any vehicle or on foot by
a group of five or more persons
permissible, without general or
specific permission of HA.
- General permission by HA as per
guidelines notified by Central
Government.
- No such guidelines have been framed
as yet
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REGULATION OF TRAFFIC
- Power to regulate and control plying of vehicle
and /or class of vehicles on highway, in the
interest of safety and convenience of traffic.
- Power to close highway or part thereof.
- Power to prohibit or restrict plying of vehicles
exceeding a prescribed laden weight unsafe for
roads/bridges.
-Permanent closure to be by publication in
newspaper as well as in official gazette.
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REGULATION OF
CONSTRUCTION
Prior permission is required to construct,
install, shift, repair / alter or carry on poles,
pillars, advertisement towers, transformers,
cable line, pipe, drain, canal, railway line,
telephones, street, path, passage
HA can remove unauthorised construction and
recover the cost of removal with additional
charges and fine
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OFFENCE AND PENALTY
Penalty of reoccupation (a cognizable offence)
- one year imprisonment with fine or both with
summarily evicting him
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MISCELLANEOUS
Legal assistance can be taken by the appellant
Village officials have the responsibility to
inform any unauthorised occupation
Company is also responsible for any offence
Rules are to be framed
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NATIONAL HIGHWAYS
TRIBUNAL
- A Tribunal in each State/UT
- Tribunal to consist of only one person to be
known as Presiding Officer
- A person eligible to be appointed as a High
Court Judge or he has held Gr.-II post in
Indian Legal Service is eligible for
appointment as Presiding Officer
- To begin with 8 NH Tribunals have been
notified
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NATIONAL HIGHWAYS TRIBUNAL (Contd.)
- Appeals to Tribunal within 60 days of
orders of HA.
- Tribunal to endeavour to dispose of appeal
within four months.
- Tribunal has certain powers of civil court
namely summoning and enforcing
attendance, discovery and production of
documents, reviewing its own decisions and
receiving evidence.
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NATIONAL HIGHWAYS
TRIBUNAL (Contd.)
- His term of office will be till attaining the
age of 62 years.
- The orders of Tribunal are final unless
reversed by higher court namely; High
Court / Supreme Court.
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NATIONAL HIGHWAYS TRIBUNAL (Contd.)
- Presiding Officer may be removed only on
ground of misbehavior or incapacity
after an inquiry by a judge of a High
Court.
- Procedures before the Tribunals are not
governed by the provisions of CPC.
Can regulate its own procedure.
- Appellant can appear before Tribunal
personally or through a legal practitioner.
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NATIONAL HIGHWAYS TRIBUNAL (Contd.)
- Proceedings of Tribunal to be judicial under
IPC and to be deemed as civil court for
purposes of Cr.PC.
- Tribunal can make interim orders effective for
14 days, without hearing the other party.
- Orders of Tribunal executable as a decree of
civil court by itself or by other courts.
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RULES
1. Highways Administration Rules, 2003.
2. National Highways Tribunal (Procedure for
investigation of misbehaviour or incapacity of
Presiding Officer) Rules, 2003.
3. National Highways Tribunal (Financial and
Administrative Powers) Rules, 2003.
4. National Highways Tribunal (Procedure for
appointment as Presiding Officer of the
Tribunal) Rules, 2003.
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5. National Highways Tribunal (Procedure)
Rules, 2003.
6. National Highways Tribunal (Salaries,
allowances and other terms and conditions of
Service of Presiding Officers) Rules, 2005.
7. National Highways Tribunal (Salaries,
allowances and other terms and conditions of
officers and employees) Rules, 2005.
RULES (contd)
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THANK YOU