Himachal Pradesh Road Infrastructure Protection Act, 2002
No: 20 Dated: Oct, 30 2003
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002
(ACT NO. 20 OF 2003)
An Act to provide for prevention of misuse, damage, unauthorized use and encroachment of the road infrastructure.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-third Year of the Republic of India, as follows:-
1. Short title and extent.- (1) This Act may be called the Himachal Pradesh Road Infrastructure Protection Act, 2002.
(2) It shall extend to the whole of Himachal Pradesh.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “agriculture” includes horticulture, dairy farming, poultry farming and the planting and upkeep of an orchard;
(b) “ appellate authority” means the Chief Engineer in-charge of the zone of Himachal Pradesh Public Works Department, appointed by the Government, by notification, in the Official Gazette, to perform any or all of the functions as conferred upon him under this Act and the rules made thereunder;
(c) “building” means a house, hut, shed, or other roofed structure, for whatever purpose or of whatsoever material constructed and every part thereof, and includes a wall or masonry platform or masonry ditch or drain but does not include a tent or a fence for agriculture purposes;
(d) “building line” means a line on either side of any road or part of a road, fixed in the manner prescribed, in respect of such road or part by the Government, by notification in the Official Gazette;
(e) “confirmatory authority” means any authority not below the rank of Executive Engineer of Himachal Pradesh Public Works Department appointed by the Government, by notification, in the Official Gazette, to perform any or all of the functions as conferred upon him under this Act and the rules made thereunder;
(f) “controlled area” for the purpose of this Act shall mean an area declared as such under section 3 of the Himachal Pradesh Roadside Land Control Act, 1968;
(g) “controlled line” means a line on either side of any road or part of a road beyond the building line, fixed in the manner prescribed, in respect of such road or part, by the Government, by notification in the Official Gazette;
(h) “department” means the department of the Government of Himachal Pradesh to whom the work relating to road infrastructure has been entrusted;
(i) “Government” means the Government of Himachal Pradesh;
(j) “map” means the road infrastructure map of a division, notified by the State Government under section 4 of this Act;
(k) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(l) “place of worship” includes a temple, church, mosque, imambara, tanquia, idgah, samadhi, math, sati;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “prescribed authority” means any authority not below the rank of Junior Engineer of Himachal Pradesh Public Works Department, appointed by the Government, by notification, in the Official Gazette, to perform any or all of the functions as conferred upon him under this Act and the rules made thereunder;
(o) “revisional authority” means Secretary(Public Works Department) to the Government of Himachal Pradesh, appointed by the Government, by notification, in the Official Gazette, to perform any or all of the functions as conferred upon him under this Act and the rules made thereunder;
(p) “road” means a road maintained by the Government of Himachal Pradesh or any local authority and shall include National Highways declared under the National Highway Act, 1956 (48 of 1956);
(q) “road infrastructure” means the roads, paths and streets for transport or communication and shall include,-
(i) acquired road land width;
(ii) all types of roads and their structures, such as road pavements, shoulders, retaining walls, breast walls, toe walls, cross drainage, kerb, road side drains, road junctions, medians, speed breakers, i/c rumble strips, street lighting, traffic lights etc. ;