SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Control of National Highways (Land and Traffic) Act, 2002. 2.     It extends to the whole of India. 3.     It shall com...
2Definitions
In this Act, unless the context otherwise requires,- a.     "appointed day", in relation to a Tribunal, means the date on which such Tribunal is established...
Chapter IIEstablishment of Highway Administrations and Tribunals, Etc.
3Establishment of Highway Administrations
1.     The Central Government shall, by notification in the Official Gazette,- a.     establish, for the purposes of this Act, a body or authority consisting...
4Powers and functions of Highway Administration
A Highway Administration shall exercise powers and discharge functions throughout its jurisdiction specified under this Act subject to such conditions or limi...
5Establishment of Tribunals
1.     The Central Government may, by notification in the Official Gazette, establish one or more Tribunals, to be known as the National Highways Tribunal, t...
6Composition of Tribunal
1.     A Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification in the Official Gazett...
7Qualifications for appointment as Presiding Officer
A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he- a.     is qualified to be a Judge of a High Court; or b.   ...
8Term of office
The Presiding Officer of a Tribunal shall hold office from the date on which he enters upon his office till he attains the age of sixty-two years....
9Staff of Tribunal
1.     The Central Government shall provide the Tribunal with such officers and employees as that Government thinks fit. 2.     The officers and employees ...
10Salary and allowances and other terms and conditions of service of Presiding Officer
The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Presidin...
11Warehouse receipts
If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Tribunal, then, the Central Government shall a...
12Resignation and removal
1.     The Presiding Officer of a Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the...
13Financial and administrative powers of Presiding Officer
The Presiding Officer of a Tribunal shall exercise such financial and administrative powers as may be prescribed....
14Jurisdiction, powers and authority of Tribunal
A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals from the orders passed or actions (excep...
15Bar of jurisdiction
On and from the appointed day, no court (except the Supreme Court and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) or ...
16Procedure and powers of Tribunal
1.     The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of ...
17Conditions as to making of interim order
Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of inj...
18Execution of orders of Tribunal
1.     An order passed by the Tribunal under this Act shall be executable by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal sh...
19Limitation
Every appeal to the Tribunal under this Act shall be preferred within a period of sixty days from the date on which the order appealed against has been made: ...
20Appointment of officers to act on behalf of Highway Administration
1.     The Highway Administration may, if it thinks fit after the approval of the Central Government, by notification in the Official Gazette, appoint such- ...
21Delegation of powers
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it (except the powers conferred by section 50) under...
22Power to transfer jurisdiction
The Central Government may, at any time, by notification in the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (...
Chapter IIIPrevention of Unauthorised Occupation of Highway Land and Their Removal
23Highway land to be deemed as property of Central Government
1.     All lands forming parts of a Highway which vest in the Central Government or which do not already vest in the Central Government but have been acquire...
24Prevention of occupation of highway land
1.     No person shall occupy any highway land or discharge any material through drain on such land without obtaining prior permission, for such purpose in w...
25Grant of lease or licence of highway land for temporary use
The Highway Administration or the officer authorised by such Administration in this behalf may, having regard to the safety and convenience of traffic and sub...
26Removal of unauthorised occupation
1.     Where the Highway Administration or the officer authorised by such Administration in this behalf is of the opinion that it is necessary in the interes...
27Recovery of cost of removal of unauthorised occupation and fine imposed
1.     Where a Highway Administration or the officer authorised by such Administration in this behalf has removed any unauthorised occupation or made any con...
Chapter IVControl of Access to the National Highways
28Right of access
1.     No person shall have right of access to a Highway either through any vehicle or on foot by a group of five or more persons except permitted by the Hig...
29Procedure for permission to access to Highway
1.     The general permission under sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose and specifi...
30Regulation or diversion of access, etc.
1.     Notwithstanding any permission given under sub-section (1) or sub-section (2) of section 29, the Highway Administration shall have the power in the in...
Chapter VRegulation of Different Types of Traffic on National Highways
31Highway Administration to regulate traffic when Highway deemed unsafe
1.     Notwithstanding anything contained in this Act, the Highway Administration shall have the power to regulate and control the plying of vehicles on the ...
32Prohibition of use of heavy vehicles on certain Highways
Where the Highway Administration is satisfied that the surface of a Highway or any part thereof, or any bridge, culvert or causeway built on or across the Hig...
33Temporary closure of traffic on Highway
Where, in exercise of the powers under section 31 or section 32, the Highway Administration considers it proper for the purposes of that section to temporaril...
34Permanent closure of Highway
1.     Where, in exercise of the powers under section 31, the Highway Administration deems it necessary in the interest of the safety of the Highway to close...
35Power to restrict the use of vehicles
If the Highway Administration is satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridg...
36Prevention and repair of damage to Highway
1.     No person who is in charge of, or in possession of, any vehicle or animal shall, willfully or negligently, cause, or allow such vehicle or animal to c...
37Prohibition 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...
Chapter VIRegulation of Construction on Highway Land for Public Utilities, Drains, Etc.
38Construction on highway land
1.     Notwithstanding anything contained in any other law for the time being in force, no person other than a Highway Administration or a person authorised ...
Chapter VIIOffence and Penalty
39Offence and penalty
1.     If any person, who has been evicted from any unauthorised occupation on a highway land under this Act, again occupies any highway land without permiss...
Chapter VIIIMiscellaneous
40Right of appellant to take assistance of legal practitioner
A person preferring an appeal to the Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to prese...
41Finality of orders
Save as otherwise expressly provided in this Act, every order made or any action taken by the Highway Administration or the officer authorised in this behalf ...
42Duty 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 ...
43Conduct of inquiry
The Highway Administration or the officer authorised in this behalf by such Administration shall, if he desires to make any inquiry for the purposes of this A...
44Presiding Officers and employees of Tribunals, etc., to be public servants
The Presiding Officer and the officers and other employees of the Tribunal, the officer or officers constituting the Highway Administration and any other offi...
45Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government or the Presiding Officer of the Tribunal or any other officer of the ...
46Offences by companies
1.     Where an offence punishable under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of,...
47Procedure for service of notices, etc.
Save as otherwise provided in this Act, every notice or bill issued or prepared under this Act may be served or presented in such manner as may be prescribed....
48Act 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 ...
49Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
50Power to make rules
1.     The Central Government may, after previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act....
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