Control of National Highways (Land and Traffic) Act, 2002
No: 13 Dated: Jan, 14 2003
Control of National Highways (Land and Traffic) Act, 2002
(Act No. 13 of 2003)
An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon .
Be it enacted by parliament in the Fifty-third Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short 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 come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
2. Definitions .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 under sub-section (1) of section 5;
(b) building means any work of construction done in any manner by use of any material and includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board and other things fixed with such building;
(c) construct , with its grammatical variations, in relation to a building, means to construct,reconstruct, erect, re-erect, extend or alter structurally a building;
(d) cost of land means the market value of the land as determined by the competent authority of the State government or the Government of the Union territory appointed for such determination, as the case may be;
(e) Highway means a National Highway declared as such under section 2 of the National Highways Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in the Central Government,whether surfaced or unsurfaced , and also includes
(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose of the Highway or transferred for such purpose by the State Government to the Central Government;
(ii) all bridges,culverts, tunnels, causeways, carriageways and other structures constructed on or across such Highway; and
(iii) all trees, railings, fences, posts, paths,signs, signals, kilometre stone and other Highway accessories and materials on such Highways;
(f) Highway Administration means the Highway administration established under section 3;
(g) highway land means the land of which the Central Government is, or is deemed to be, the owner - section (1) of section 23;
(h) land includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(i) means of access means any permanent means of access, whether private or public, for vehicles of any kind;
(j) premises means any land or building or part of a building and includes
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(k) prescribed means prescribed by rules made under this Act;
(l) Tribunal means the National Highways Tribunal established under sub-section (1) of section 5.
(m) unauthorised occupation means any occupation of the highway land, without permission under this Act for such purpose, by a person who
(i) is trespasser on the Highway; or
(ii) for the time being is paying or is liable to pay to other person rent or any portion of the rent of the premises on a Highway; or
(iii) lives in or otherwise uses any premises on a Highway; or
(iv) is a rent-free tenant of any premises on a Highway; or
(v) is a licensee of any premises on a Highway for its possession; or
(vi ) is liable to pay damages to the owner of any premises on a Highway for the use or possession premises;
(n) vehicle means a barrow, sledge, plough, drag and any wheeled or tracked conveyance of any description capable of being used on a High way.
CHAPTER II
Establishment Of Highway Administrations And tribunals, Etc.
3. Establishment 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 of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge functions conferred on it under this Act; and
(b) define the limits of the Highway within which, or the length of Highway on which, a Highway Administration shall have jurisdiction:
Provided that the Central Government may, in the notification issued under this sub-section or by any general or special order, impose any condition or limitation subject to which a Highway Administration shall exercise powers and discharge functions conferred on it under this Act.
(2) The Central Government may establish one or more Highway Administrations for a State or Union territory or for a Highway under sub-section (1).
(3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and discharge functions conferred on it under this Act in such manner as may be prescribed.