ci> MINISTRY OF HOME AFFAIRS NOTIFICATION Mew Delhi, the 11th Jan., 1960 '- G S R 59 —In exercise of the powers . conferred by section 2. of the Union Territories (Laws) Act, 1950 (30 of 1953), the Central Government hereby extends to the Union terri tory of Manipur the Bombay Highways Act, 1955 (Bombay Act LV of 1955), as at present in force in the State of Bombay, sub ject to the following modifications, namely: — Modifications In the said Act,—
(1) save as hereinafter provided,—for the words "State Government", wherever they occur, t h e ' words "Chief Commissioner of Manipur" shall be substituted, and there shall also be 'made in any sentence in which those words occur such consequential amendments as the rules of grammar may require;
(2) Section 1 (2): For the words "pre-reorganisation State of Bombay, . excluding the transferred territories", substitute the words "Union terr i tory of Manipur"; i> /
(3) Section 3: Omit clause ( i ) ;
(4) Section 4: (i) For the words "pre-reorganisation State of Bombay I excluding the transferred terri tories" wherever they occur substii tute the words "Union terri tory of Manipur"; .
I - (ii) After the words "any authority", insert the' words "other than ': the Principal Engineering Officer of Manipur Administrat ion";
(5) Section 7 ( 2 ) : (i) For the words "taluka or mahal of the district", substitute "tehsil or the revenue or the administrative hill sub division or, circle or Unit";
(ii) For the words "two months" substitute "four months", and for \ "one month" substitute "two months";
| (iii) F o r the words "sixty days", substitute "four months"> I \ (g) Section 9 (5 ) : For the words " three months" occurring for the first f •'••• time, substitute the words "six months";
;i '
(7) Section 10: (i) For the figure and word "30 days", substitute "sixty I ; days";
(ii) For the words "State Government", wherever they occur sub- |; stitute "Principal Engineering Officer of Manipur Administration";
]. (iii) For the word "it" occurring in sub-section (2), substitute the i word "he";
|, (8) -Section 17(2): For the words "fifteen days" substitute "thir ty days";
(9) Section IS (1) : For the words "fifteen days" substitute "thirty days";
(10) Section 19: For the words "State Government" occurring in the second place, substitute "Government";
(11) Section 20: For the words "State Government" wherever they occur, : ' substitute "Government"; i
(12) Section 22(2) : For the words "State Government" substitute "Gov ernment" ; I
(13) Section 35: (i) For sub-section (1), substitute the following:
"(1) Any person aggrieved by the sward of the Highway Authori ty or the officer authorised under section 2D may., by a writ ten applica-J, tion to the Highway Authori ty or such officer, require that the matter be referred to the District Judge.";
(ii) For the • words "six weeks" occurring in sub-section (2), sub stitute "three months";
(14) Section 37: Omit "in Greater Bombay to the Commissioner of Police, and elsewhere" and "the Commissioner";
(15) Section 4] : For the figure and word "30 days", substitute "sixty days";
(18) Seetimi, 44: (i) For sub-section (1), substitute "(1) Any person aggrieved by the order fixing the bet terment charges may, by a wri t ten application to the officer authorised under section 41. require that the mat ter be referred to the District Judge.";
(ii) For the words "six weeks" occurring in sub-section (2), sub stitute "three months";
(17) Section 46: For the words "State Government", substitute "Govern,- >,;.
.ment";
l
(18) Section 47: In the proviso for the words "State Government", substi tute "Government":
(19) Section 48: For the words "State Government" occurring for the second time, substitute "Government";
(20) Section 49: (i) In. sub-section (2) for the words "one month", sub stitute "two months";
(ii) In. sub-section (3), for the words "one month", substitute "two fc months";
(iii) In sub-section (4) for the figure and word "15 days", substitute "thirty- days": ;
(21) Section 64: For the words and figures "Bombay City Land Revenue Act, 18-76, or in the Bombay Land .Revenue. Code, 1879, as the case may be", substitute "Assam Land and Revenue Regulation, 188.S, .as extended to the Union Terr i tory of Manipur"; -_--• ̂ -~ X.
(22) Section 65: Y *
(a) In sub-section (1), for the words and figures "the .-manner provided for holding a summary inquiry under the Bombay . City Land Revenue Act, 1876, or' the Bombay Land. Revenue Code, 1879, and all the provisions contained in the said Act or Code relating to the holding of a summary inquiry, shall, so far as may be, apply", substi tute "such manner as may be -prescribed by any law for the time being in force in the Union terri tory or ..Manipur relating to summary inquiries in revenue matters."; " t
(b) in sub-section (2), for the words and figures "Bombay City Land Revenue Act, 1876, or the Bombay Land Revenue Code, " 1879", substi tute "Assam Land and Revenue Regulation, 1886, as extended to the Union Terr i tory of Manipur"; - ^ ^ i
(23) Section 68: In section 68, after the word and figure "section 44", insert, "or the Principal Engineering Officer of Manipur Administra- ' tion";
(24) Section 71(2) : (i) For the words "taluka or mahal" occurring in clause
(a) , substi tute "tehsil -or the revenue or the administrative hill sub- • division or circle or unit"; .
(ii) In clause (h) , for the words ."State Government", the word 'Government" shall be substituted;
(25) Section 72; (i) In clause (d) of sub-section (1), the words "or a POSrt declared by or under any law made by Par l iament or existing Taw ' to be a major par t" shall be omitted;
(ii) Clause (e) of sub-section (1) shall be omitted;
(iii) The Explanation shall be omitted. :."-,• .V .
(26) Section 73: For the words, "made by the State- Lcgi&fiture or any law which the State Legislature is competent to make or to amend", substi tute "for the time being in force in the Union terri tory ol Manipur".
(27) Schedule: After the words "the Bombay Highways Act, 1955!'
wherever they occur insert the words "as extended to the Union terr i tory of Manipur".
ANNEXUEE The Bombay Highways • Act, 1955 as extended to the Union terr i tory of Manipur.
BOMBAY ACT NO. LV OF 1955 ( T H E BOMBAY HIGHWAYS ACT, 1955) An Act to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction, , maintenance and development of highways, for the levy of bet terment charges and for certain other matters .
„ Whereas it is expedient to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of bet terment charges a n d for certain other mat ters ; it is hereby enacted in the Sixth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
1. Snort title, extent and caEUQienceKiieat.—(1) This Act may be called the ;£ •'• Bombay Highways Act, TB55.
(2) It shall extend to the whole of the Union Terr i tory of Manipur.
(3) This section shall come, into force at once. The Chief Commissioner of Manipur may, by notification in the Official Gazette, direct that all or any of the remaining provisions of this Act shall come into force in such, area and on such date as may be specified in the notification:
Provided that the Chief Commissioner of Manipur may, by notification issued in like manner, exclude any road' or way or class of roads or ways situate in such .
a rea from the operation of all or any of the provisions of this Act. „ , •
2. Definitions.-—In this Act, unless there is anything repugnant in the subject €r context,—
(a) "animal" means' any domestic or captive animal;
(b) "building" includes any erection of whatsoever material and in what- 8 soever manner constructed (including a farm building for agricultural purposes) and also includes plinths,, doorsteps, walls ( including compound walls and fences) and the l ike:
(c) "building line" means a line on either side, of any highway or pa r t of i a highway fixed in respect of such highway or part, by a notification :-' under sub-section (1) of section 7;
(d) "cantonment" means a cantonment established under the Cantonments Act, 1924 (II of 1924);
<e) "control l ine" means a line on either side of a highway or par t of a highway beyond the building line fixed in respect of such highway or part by a notification under sub-section (1) of section 7;
•(f) "encroachment" means any unauthorised occupation of any highway or pa r t thereof, and includes an unauthorised—
(i) erection of a building or airy other structure, balconies, porches, p r o jections, on or over or overhanging the highway;
o • ' <h) occupation of a highway beyond the prescribed period, if any, for stacking building materials or goods of any other description, for 4 exhibiting articles for sale, for erecting poles, awnings, tecntfe panaals, boardings and other similar erections or for parking vehicles or stabling animals or for any other purpose, and
(til) excavations or dumps of any sort made or extended on airy highway^ or uncierneath such highwaj'-;
(g) "to erect" with its grammatical var ia t ions- in relation to a building means to • construct, reconstruct, extent, o'- al ter structurally a.
building; J
(h) "excavation" in relation to any piece of land does not include any workings which do not pierce the surface of that, piece of land- but includes wells and tanks;.
(i) "highway" means any ' road or way over which the public have a r ight of way or are granted access and which is declared to be a highway under section 3. The expression includes,—
(i) any land acquired or demarcated with a vieiw to construct a h i e h w a v along it;
(ii) the slopes, berms, borrow-pits , foot-paths, pavements and side, catch ' and boundary drains attached to such road or way;
(iii) all bridges, culverts, causeways ; car r iageways-and other s t r u c t u r e s , ' built on or across such road or way; and
(iv) the trees, fences, posts, boundary, furlong and mile stones, and other highway accessories and materials and material stacked on the • road or way;
(j) "Highway Author i ty" means the authori ty appointed as such or to which the functions of such authori ty a r e entrusted under section 4;
(k) "highway boundaries" means the boundaries of a highway fixed in respect of such highway by a notification under sub-section f l ) of section 7;
(1) "means of access" includes any means of access, whether pr ivate o r public, for vehicles or for foot passengers and includes any street;
(m) "middle, of highway" means the point half-way between the highway boundaries; . . . •
(n) "occupier" includes.—
(a) 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 is payable;
(b) an owner living in or otherwise using his premises;
(c) a rent-free tenant;
(d) a licensee in occupation of any premises; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any premises;
(o,) "owner" means,— •
(a) when used with reference to any premises, the person who receives t he 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 or trustee who receives such rent on account of the owner;
(ii) an agent or t rustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or chari table purposes;
(iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction; and
(iv) a mortgagee-in-possession;
(b) when used with reference to an institution or a body corporate.-.the manager of sUch institution or body corporate; -t^.
(p) "prescribed" means prescribed by rules made under this Act;
(q) "railway administrat ion" has the same meaning as in the Indian Railways Act, 1890 (IX of 1890); ' 5
(r) "vehicle" includes a barrow, sledge, plough, drag and a wheeled con veyance of any description capable of being used on a highway;
(s-) the expressions "land", "persons interested" and "persons entit led to act" "used in this Act shall have the same meaning as the said.
expressions have in the Land Acquisition Act, 1894 (I of 1894).
CHAPTER II DECLARATION, OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS 3 Declaration of roads, ways or lands a s highways.—The Chief Commissioner of Manipur may, by notification in the Official Gazette, declare any road, way or land to be highway and, classify it as— U) • . «
(ii) a State highway,
(iii) a major district road,
(iy) other district road, or .
(v) a village road.
%. Appointment of Highway Authorities,—The Chief Commissioner of Manipur may, by notification in the Official Gazette, appoint for the purpose of this Act or any of its provisions any person or any authori ty other than the Principal Engineering Officer Of Manipur Administration to be, a Highway Authori ty for all the highways in the Union terri tory of Manipur or, in par ts thereof, or for any part icular highway or highways, in the Union terr i tory of Manipur, specified in ihe notification.
5 Powers and duties M Highway Authorities.—Subject to such conditions as may be specified in the notification appointing a Highway Authori ty and subject to the general or special orders of the Chief Commissioner of Manipur, a.
Highway Authori ty shall exercise powers and discharge duties in accordance With the provisions of this Act for the restriction. of ribbon development along high ways for the prevention and removal of encroachments and for all mat ters necessary and incidental to any or all of the above subjects. Also subject to the 3'jprdval Of the Chief Commissioner of Manipur and to such general or special orders which the Chief Commissioner of Manipur may make in this behalf, i t shall be lawful to a Highway Authority to under take the construction, main tenance, development or improvement of highways.
6. For the purpose of enabling a Highway Authori ty to exercise the powers conferred and to discharge the duties imposed upon it by or under the provisions of this Act, the Chief Commissioner of Manipur may appoint such officers and servants as it deems necessary to work under -such Authori ty,
CHAPTER III RESTRICTION OF RIBBON DEVELOPMENT
7. Power to fix boundary, building and control lines of highways.—(1) In any area in which the provisions of this Act have been brought into force, and
(i) where any road, way or land has been declared to be a highway under • ' V section 3, of <ii) where the construction or development of a highway is undertaken, the Chief Commissioner of Manipur may, by notification in the Official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line:
Provided tha t having regard to the situation or the requirements of a highway or the condition of the local area through which a highway passes, it shall be lawful for the Chief Commissioner of Manipur— . .
(1) to fix different building or control lines, or
(2) not to fix building or control lines, in respect of any highway or portions thereof.
(2) Not less than four months before issuing a notification under sub-section CI) the Chief; Commissioner of Manipur shall cause to be published in the OfTiciau Gazette and in the prescribed manner in the, village and at the headquar ters oi the tehsil or the revenue or the administrat ive hill sub-division or circle or uni t in which the highway is situate a notification stating tha t it proposes to issue a notification in terms of sub-section (1),' and specifying therein all the lands situated between the highway boundary and the control line proposed to be fixed under such notification and in the case of new works, also lands benefiting by the construction or development of the highway, as the case mav be, together with s notice requiring all persons affected by such notification, who wish to make any objections or suggestions wi th respect to the issue of such a notification, to submit their objections or suggestions in writing to the Highway Authori ty or appear before such authority, within four months of the publication of the notification in the Official Gazette or within two months from the date of the publication of the notification in the village, whichever period expires later.
(3) The Highway Authori ty shall, after all such objections or suggestions have been considered or heard; as -the case may be, and after such further incmiry.
if any, as it thinks necessary, forward to the Chief Commissioner of Manipur a j copy of the record of its proceedings held by it together with a report sett ing forth its recommendations on the objections or suggestions-.
(4) If, before the, expiration of the time allowed by sub-section (2) for the filing or hearing of objections or suggestions, no objection or suggestion has been made, the Chief Commissioner of Manipur shall proceed at once to issue' the notification under sub-section (1). If any such objection or suggestion has been made, the Chief Commissioner of Manipur shall/consider the record and the, ' report referred to in sub-section (3) and may either— ' fa) abandon the proposal to issue the notification under sub-section (1), ot
(b) issue, the notification under sub-section (1) with "such modifications, if any, as he thinks fit.
(5) In considering the . objections or suggestions, the decision of the Chief Commissioner of Manipur on the question of issuing the notification under sub section (1) shall be final and conclusive.
8. Map to be prepared and maintained.—Within two months from the; date "M publication of the notification under sub-section (1) of section 7 fixing the h igh way boundary, building line and control line wi th respect to any highway, t h e Highway Authori ty shall cause a map to be made of the area through which such, highway passes and shall cause to bei marked thereon the highway boundaries and building and control lines and any other particulars necessary for the purposes of this Act- and within one month from the date of making any alteration ' or addition thereto cause the said map to be corrected and such map with the date indicated thereon of the last t ime when the same shall have been so corrected shall be kept in the office of the Highway Authority. Such map, which shall bear the seal of the Highway Authority, shall be open to inspection. Copies of such map shall also be kept ' for inspection at such other places as may b e prescribed. ,
9. Restrictions on buildings between highway boundary and building line and !^ between building- and control lines.—(1) Notwithstanding anything contained in. •* any, law, custom, agreement or instrument for the t ime being in force, on or • , after the appointed day the following restrictions shall, subject to the provisions of this Act, be hi force, tha t is to: say,— Ns> person shall, without the previous permission in writing the Highway Authority,— '
(a) upon any land lying between the highway boundary and the building, • • '•,•' l ine proposed to be fixed under sub-section (2), or fixed under sub section (1), of section 7, as t he case may be, . "~>_i .
(i) construct, form..or. lay out any' means of access to, or from, a highway» or
(ii) erect any building, or
(iii) material ly alter, any existing building, or
(iv) make or extend any excavation, or
(v) construct, form or lay out any works; or
(b) upon any land lying between the building line and the control h o e proposed to be. fixed under sub jec t ion (2), o. feed undei SUD section (1), of section 1, as the case may be,
(i) construct, form or lay out any means of access to, or from, a highway, or
(ii) erect any building, or
(iii) material ly alter any existing building;
<*> <*£*» £ &^«t3$S&S5& ft t H building is erected.
(9, F v e r v person desiring to obtain such permission under sub-section (1) shall application relates < m On receint of such application, the' Highway Authori ty after making E U c h e n ? m r i e s a f it may consider necessary, shall, by order -m wri tmg, e i t h e r -
(a) grant the permission, subject to such conditions, if any, as may be specified in the order, or '(b) refuse to grant such permission:
Provided that— m nermission under clause (a) of sub-section (1) to the making of any
(i) P e ^ s s i o n unaer formation or laying out of works in land for t i e purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall l o t " b e withheld nor be made subject .to any conditions save Sen as may be necessary for securing that the sewer dram, electric hne pipe, duct or other apparatus shall be laid m such manner and at such ievels that the construction, maintenance, development or fmprovement of a road thereover will not be prevented or pre judicially affected thereby;
(ii) permission under clause (b) of sub-section (1) to the erection or alteratinrf nf a buildinF or laying out any means of access to a highway wh"ch conform fo the ^ e l u i r e m e n t l of public health, and we fare and of safety and convenience of traffic on the adjoining road shall nei ther be withheld nor made subject to unreasonable conditions:
Provided that in the case'of means of access required-for agricultural pur p o s e " such permission shall neither be withheld nor be made, subject to any conditions,save such as may be necessary for securing that the means of access shall be used for agricultural purposes only;
(iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointee dav shall nei ther be with e ld-nor made subject to restrictions unless such re-erection or alteration involves any material alteration to t h e .
' outside appearance of the building.
(4) When the Highway Authority refuses permission, the reasons therefor shall be recorded and communicated to the applicant:
Provided tha t nothing herein contained shall debar- a person from making a fresh apphcation after omitting therefrom the objectionable features communicated to him as aforesaid on account of which such permission was refused.
fS> If at the expirat ion of a period of six months after an application fo r such permission specifying the, name and address of the applicant has been made to the Highway Authori ty, or such further period not exceeding three months as may have been notified by the Highway Authority has elapsed and no decision has been notified in writ ing, posted or delivered to the applicant, at tha t address then S c e S t as ma" otherwise be agreed in writ ing between the Highway Authori ty and the applicant) permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions.
(6) The Highway Authority shall maintain a register with sufficient pa r t i culars of aU permissions given or refused by it under this sect on S f l & S r t J i i ± 5 • l V ^ b l e ^ L " ^ * * 0 ? f r e R o f c h a ^ e b-v a I 1 P e ^ o u s interfsted a n d S ' persons shall be entitled to take extracts therefrom.
Explanation.—For the purpose of this section, the "appointed day" shall with reference to any highway boundary, building line or control line, mean—
(1) the day on which a notification is published in the Official Gazette under suij-secuon (2) of section 7 proposing to fix such highway boundary building line or control line, and
(2) if any modification i s made in such highway boundary, building line or control line,, the day on which the notification is published under sub-section (1) of section 7 fixing such highway boundary building line or control line. * •A...l,°- ^PPeaL—(1) If any applicant is aggrieved by any decision of the Highway Autbou ty uncter section 9, withholding permission, or imposing any condition ne may appeal to the Principal Engineering Officer of Manipur Administrat ion Withm sixty days from the date on which such decision was c o Z S e d o > !
mm, , (2) The Principal Engineering Officer of Manipur Administration may after giving an opportunity to the applicant to be heard, make such order as he thinks nt upon the appeal and the decision of the Principal Engineering Officer of Manipur Administration shall be final. s ^ " p u r i
11. Exemptions for works in progress etc.—(1) No restrictions in "force under section 9 shall apply to the erection or making of a building, or excavation or $0 the construction, formation or laying out. of any. means of access of works begun beiore the appointed day referred to in section 9.
(2) No restrictions in force under section 9, except restrictions &s to the con struction, formation or laying out, of means of access, shall a p p l y ' t o any land lornung part of a burial or cremation ground or-other place for the disposal of the dead being land which has, before the passing of this Act been used for such purpose.
- "^t
(3) No restrictions m force under section 9 shall applv to any excavation or worics necessary in connection wi th any drains, ditches, or other 'drainage works for agricultural purpose.-; Or to any 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 before the date on w h i c h ' t h e restrictions came into force or with the consent of the Highway Authority on or after that date.
12. Setting back of building line or control line.—Whenever any building or any par t thereof erected before the appointed day referred to in section 9 lies between the- building line and the middle of the highway the Highwav Authority may, whenever any such building or par t has either entirely or in greater p a n been taken down, burnt down or fallen down, by notice require such building or pa r t when re-erected to be set back to the building line or control line.
13: Regulation or diversion of right of access to highway.—fl) The Highway Authority may, if it is considered essential in the interests of safety or convenience of traffic, regulate or divert any .existing right of access to a highway across land lying between the control line and the highway boundary:
Provided that the existing right of access shall not be diverted until a l ter native access has been given.
(2) Where the existing r ight of access 'is diverted, the point at which alter native access is given to the highway shall not be- unreasonably distant f rbr tP the existing point of access.
(3) The Highway' Authori ty shall, by notification in the. Official Gazette, publish the date on which 'the existing right of access has been diverted an® alternative access has been given.
B° 9 14 Powers of Highways Authority and officers and servants appointed m i d e section 6 in respect of surveys.—For the purpose of carrying out any of the proyisjoS of this Act, the Highway Authority and the officers and servants appointed under section 6 may—
(a) enter upon, survey and take measurements and levels of any land;
it) mark such levels, dig or bore into the subsoil oi any land;
(c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of a 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;
(A) where there are bends or kinks on the road boundary, locate the tstones or marks in different colours so as to give the correct configuration of the, boundary if they are joined by straight lines;
re) eive consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part c± the highway;
(f) lay out the building and control lines by placing marks in different colours and cutting trenches;
CP-1 if the survey cannot otherwise, be made, or measurements, or levels taken or boundaries marked and. lines laid out, cut down and clear away any standing crop, tree, fence or jungle or any part thereof;
(h) do all other acts necessary in that behalf;
•Provided that the, Highway Authority shall not, except with the consent d£ H* occuaier thereof, enter or permit any * of the officers or servants to enter airir pie^sZ Without previously giving such occupier at least forty-eight hours' notice in writing of its intention to do so.
15 Acanisition of land, or right or interest in land.—If at any time on the W i r a t i o r of the Highway Authority, the Chief Commissioner of Manipur is safefied t h a t a n y land required for the purposes of a highway or any right or fflSSt bt any person in any land required for the said purposes should be, com- S o r f l v acquired or extinguished, as the case may be, it shall be lawful lor the f h S c o i S o n e r of Manipur to publish a notification to that effect in the Official § 2 5 5 Surh notification shall also be published in such other manner a ^ m a v be prescribed. A notification so published shall be deemed to b .a I ^ S i o S t h a t S land 'is needed, or as the. case may be, the right or interest is r^ffirfd to be eSfnguished for the purpose of the highway; and such declaration Ml be conclulvb that the land is so needed, or the right o r interest is So required to be extinguished. - , Ifi k i n l required to be marked anil measured.—The Highway Authority or anvoffice'• o servant authorised'by the Highway Authority shaU thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made, thereof, a plan to be made of the same.
17 Public notice and other notices of snch requirement for acquisition.—(1) TO* ffilhwav Authority shall then cause a public notice to be. given at convenient i ™ 11 ™Tr Inch land stating that the Chief Commissioner of Manipur ' fitendsTo t a k e ^ e ^ f o n o f ' t l i e l a n a , or as the case may be to extinguish any rleht or interest in the land and that claims to compensation for all interest £^such land? or any right or interest in land to be extinguished may be made to shch officer as the Highway Authority may designate.
rv\ ^,r-h'notice shall state the particulars of the land so needed or right or in'teSU frlaZd k?:b> S t S s n e d and shall require all persons interested m the £ S or in the right or interest to be extinguished to appear personally or by S n t L f c r e such officer as may be designated, at the time therem mentioned T£t time not being earlier than thirty days after the date of the P l i c a t i o n of the notice) and to state the nature of their respective right or interest m the W o r as the case may be, in the right or interest to be. extinguished and the ,land,or as me case m y i , claims to compensation for such right or vSSSSSt n bo h a ^ T t h e i ? o b J e c S if any, to the measurements made under S t i o n 16 The i f h S a f $3S$ffi&£ In any case, require such statement to be made in writing and signed by. the party or his agent.
(3) The Highway Authority shall also serve notice to the same effect on the occupier of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as reside or * (._...
10 Hi have agents authorised to receive service on their behalf, within the district in which the land is situate. { j .
(4) In cast any person so interested resides elsewhere, a notice shall be served in the manner provided in section 70, lo. Persons required to make statements ^regarding- other persons having' interest.—(1) The Highway Authori ty or the officer authorised by it may also require any such person to make or deliver to it or him at a t ime not being earlier than thir ty days after the date of the requisition a s ta tement containing, as far as may be practicable, the name of every other person possessing any interest in the land or in any par t thereof, or as the case may be, in any right or interest in land to be .extinguished as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise and of the na ture of such interest, and' of the rents and profits, if any, received or receivable on account, thereof in respect of the three years next preceding the c]ate"of such statement.
(2) Ever;/ person required to make or deliver a statement under this section .
or under section 17 shall be> deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (XLV of i860).
19. Taking possession pi land.—At any time after the- publication of a notifica tion under section 15, the Chief Commissioner of Manipur may direct that the land specified in the notification shall be taken possession of, or as the case may be, the r ight or interest specified therein shall be extinguished from such date as may be specified in the direction. From such date the said land shall vest absolutely in the Government free from all encumbrances, or as the case may be, such right or interest therein shall be extinguished.
CHAPTER IV PREVENTION OF UNAUTHORIZED OCCUPATION OF, AND ENCROACHMENT ON, A HIGHWAY AND REMOVAL OF ENCROACHMENT.
20. Lands forming par t of highway deemed to be Government property.—All lands forming par t of a highway which do not a l r eady vest in the Government shall, for the purpose of this Chapter, be deemed to be the, property of the Govern ment.
21. Prevention of unauthorized occupation of highway.—(1) Wo person-^hajl occupy or , encroach on any highway within the highway boundaries without obtaining the previous permission in writ ing of the Highway Authori ty or am officer authorized in this behalf by the Highway Authority.
• (2) The Highway Authori ty or an officer authorized by the Highway Authori ty in this behalf may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the Chief Commissioner of Manipur, and on payment of such rent or other charges as may be prescribed under such rules, permit any person,—
(i) to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or
(ii) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any 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:-
Provided that no such pe,rmissfon shall be deemed to be valid beyond a period' of one year unless expressly renewed by the Highway Authori ty or the authorized!
officer.
(3) The permission so granted shall clearly specify the da te up to which- the person is authorized to occupy the highway, the purposes for which occupation is authorized and the exact port ion of the highway permit ted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway if necessary. " , • . (4) The person in whose favour such a permission has been given shall pro duce, the permit for inspection whenever called upon to do so by the Highway « e-,vMl order empowered in that behalt . , o r any officer by a general o ; ^ ^ ^ m i f release the land occupied £ 3 S 8 at the end.of the period P ^ e d m £ before the occupation by mm.
-, m T h e Highway Authority may cancel any per- 22 Power to cancel permit.-(1) The tugn mission granted under section 2 1 - ( a ) if any rent or ^ ^ ^ ^ n w a s g lyen has ceased to exist, " ' ' f] £ £ S T i a n y ^ S r b / L holder of such permission or of any ( C ) m S s e V o T condr/ons of such permission r e d ;
' .:" ^ * & J t t J & S & 2 t S S S S S A ' T - S t . p e d i m e n t or danger to traffic 23 Prevention of a i ^ a t o e B t - ( l ) WJffl as e n c r o a c h m e n t has taken P l a e ° n f n of section 21 shall serve a notice on the P ™ r ^ encroachment and also to summary eviction. t i m e - l imi t specified in the 5 '3) If the encroachment.is ™ * * ^ ^ J ^ ^ ^ e % J ™ 7 Authority -'.DtSe and no valid cause is ^ . J ° y 5 g P Q ) .may prosecute such person S f he authorized officer referredJo m sub sectim J J c a u s e d ^ e n c r o a c h .
before the ^ o g j a t e M a g ^ t e g r ^ ^ s p e c i f i e d t i m e .
, , ! . 1 , with the help of the ponct, M recmired by sub-section (1), or » , When the encroachment is ofa t e m p o r a r , ; £ * » £ < £ » ^ * S j g S S , *C!2 not such as can be described as ^ f l n f f i ^ e r referred to in sub-section (1) m t i e Highway"Authority or the.authored^officer referred ^ f o r t h ^ \ S n K a S o K (3) & e C t h e Incroachment summarily removed S h 0 ? S T s S t a n c d e e r o l W police, if necessary.
( 6 ) Where the encroachment is of « * & » 5 i S B its ™ - f g ^ T ^ ft consSered'essential in the interests f safety of t r am g Authority or £ £ 5 $ ^ S S S t a S S ^ i r s u b i e ^ o ^ f l T m a ' y , in addition to p r o s e c u t e the authorized 0 1 » ™ I . S r ° r 3 l M (3), either— of the, person under sub section J. r e a s o n a W e cost, <" " " S J S f . f f S S f t r n S n i K t R a ^ t o traffic on the highway, or m have the encroachment removed wi t , the h e * of the, ponce, if necessar , A „ « . w r-nb-eection (1) of section 23.—Where
24. Appeal against notice ^ ^ ^ ^ e n t h a 3 b e e n s G r Ved under the person on whom notice to rumu fp 12 .-subjection (1) of section 23. lays claims that the land in respect of which encroach ment has been alleged is his property or that he has acquired a r ight over it by- ' -virtue ol adverse, possession. or otherwise he shall within the t ime-limit pres- , cnbed m the notice for the removal of the encroachment, file an appeal before"" ^ A j ; 0 ^ 1 0 1 ' Lmaer imimation to the Highway Authori ty or the officer authorized ttncter sub-section (1) of section 21, as the case may be. The Collector shall after cue enquiry record his decision in writ ing and communicate the same to the appeiiaiu ana die Highway Authority or such officer. The Highway Authority or such officer snail till then desisi from taking further action in the matter." ' '.
25. Recovery of cost of removal of encroachment.—(1) Whenever the Highway Authori ty or the officer authorized under sub-section (1) of section 21 has under the provisions of section 23 removed any encroachment or carried out any protec tive work in respect of any encroachment, the expenditure involved "shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
(2) A bill, representing the expenditure incurred shall be served by the High way Authority or the authorized officer referred to in sub-section(l) on the person responsible for the - encroachment or his representative with a direction to pay up *a the amount within a specified period to the authority mentioned in the bill.
(3) The bill shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-section (1) to the effect^the amount of -expenditure indicated in the bill represents the charges incurred ' and such ft:
certificate shall be conclusive proof that the charges had actually been incurred.
(4) The materials, if any, recovered as a result of the removal of any encroach- Kient shall be handed over to the person responsible for the encroachment oh payment o'f the amount of the bill b.y him but in the event of his failure to pay up the amount within the specified period, the materials may be auctioned and after ! deducting the amount of the bill from the proceeds, the balance, if any, shall be made over to such person.
(5) If the proceeds of the auction sale do not cover the total amount billed for the excess over the amount realised by the sale of materials, or if there are no materials to dispose of and the billed amount has not been paid by the persori responsible for the encroachment within the specified period, the entire amount 65 the bill shall be recovered from such person as an arrear of land revenue . . CHAPTER. V COMPENSATION
26. Doing minimum damage in certain cases and compensation.—In the exe^cis**:
•of. the powers under the following provisions by the Highway Authority or mw officer or servant appointed under section 6 or any other person authorised by o r under this Act by the Chief Commissioner of Manipur, as little damage as can be shall be done and compensation in the manner prescribed by Or under this Act > shall be paid to any person who sustains damage in consequence of the exercise •of such powers, namely:— t
(a) the imposition of restrictions under section 9; ' *
(b) the setting back of ahy building or part thereof under section 12;
(c) the regulation or diversion of any right of access to a highway under section 13: ;
(d) the entry, survey, measurement and doing of any of t he acts On ahV land under section 14; '
(e) the ; acquisition of any land or the extinguishment of any right or interest;
* . in the land under section 15; -
(f) the closure of any highway or part thereof under section 52.
27. Determination of amount of compensation by agreement.—The amount t§L~ compensation payable under section 26, the persons to whom it & to be naidL ami the apportionment of such amount among the persons interested therein S l i b ? S ? r S J ¥ J * 8 ? * * * between the Highway M S S S f r S S F f l S E ' S i p S S s S therein Commissioner of Manipur and the person or persons claiming interest -<*_£*' U . Determination of n n r t ^ ^ f . ^ m g h w a f i u i S ? or~ the officer default Ot W - f ^ ^ ^ « o f 2 L ^ p i ? & « ^ ^ * the provision, S f f i A c t ^ a f S r S f ^ T ^ ^ y , make an award d e t e r m m m ^ -
(a) the t rue area of the land, it any, acquired, m the amount of compensation to bo paid under section 2b, to § 8 Act shall be taken into consideration.
2 q No compensation If similar restrictions in iorce u n d e r a n y olher law or ii • eompensation already received. -No compensation shall he awarded.
» . • f 5 „ - the land to subject to substantially similar restrictions ( i ) l f %\o?J0J%xso™ S r ? a w which was in force on the date on winch the restrictions were imposed by this Act, • • tr, rP^nert of the same restrictions imposed under this predecessor in interest of the claimant.
. between its value when it was ^ S L h ^ b ^ r , S under section 9 or 10, When permission to erect a Y a l l b " n f « r e e d the difference between the value of thethe amount of eorot iensatpnshal lnot^exceed ^ f ™ ^ i D D A c t , 1 8 9 4 ( I o f 1894).
lapd as determined by section 23 or 24 ot t n e w n a . ^ h a d i f as amended by the Schedule to. this Act and thev^a iue^w men ^ r e s t r i c t i 0 n s to the permission had been granted In determining s u c ^ > ^ E H S ^ i f o V p ^ ^ ^ ^ S l c l T S g on t h e . l a n d on otherwise" to us^f S d or S s p o f e of & same shall be taken into consideration.
,„ ^ ™ n M 1 = a t i o n for cutting of standing crops, trees, etc.—(1) At the time of 32 Compensauon ioi CJIU ^ t u n d e r s e c t l o n 14 S ^ ^ ^ ' S 3 S / & l ? S S j r « ^ r « ^urement or doing any other thing shall the o t o . ™ t M entu y t i o n f o r a l l necessary damage dpne f V i i S l c X S i S measurement or execution of the work including as a result of such enrr ,, sur y, T e m o v a l of temporary structures, if any, on ?Z E S * H ffSSd^'rf^^SS so paid or tendered is disputed the the land H J J F - S t t l a t once refer the dispute to the Highway Authority and the 5 ? A S S s h t l with t e least practicable delay decide the dispute and pay.
5 l h t p e ? s o ? entitled the amount determined as compensation. The decision of the Highway Authority shall be final.
„*££?*%? srs'sss s srvs 8K°«£ S f ^ S H ' S T S S SSSJ2" T2 SSBSrST-S such f a . n d ^ ! n i ^ ° p S l h t p i e v e | k l e r 0 f e s U I c h c r o P s , trees and temporary structures shall' b ' T a k e n into' 'considerl.tTot i n d e T e r m i n i ^ g ' t h e amount of compensation for the land under section 28.
33 No compensation for unauthorised erection.—If any person has unauthorisedlV erected re-erected, added or altered any building on any land which Is risemy ereciKu, xe e , h i 0 n w a y , then any increase in the value of the ^r^oJ°&£lrioETTetr%^£^i& or afteration shall not be taken into account in estimating the value of the land.
34 No compensation for removal of encroachment.—No compensation shall be payable for the removal of any encroachment.
14 '35. -Reference" against award of Highway Authority or . authorised officer im&m • section 28.—(1) Any person aggrieved by the award of the Highway Authority or •the officer authorized under .section 28 may, by a written application to "the High way Authority or such officer, require that the matter be referred to the District Judge . -1'
(2) Any such application shall be made within three months from the date of the award, and shall be in such form as may be prescribed.
,TJ3)° Tn,fr>Pr0iViflons ?f sections 5, 12 and 14 of the Indian Limitation Act. 1908 , {IX. or iyjk; ; shall apply to the computation of the t ime fixed for reference under sub-section (2). ,
(4) The Highway Authori ty or the Officer authorised shall make the reference m such manner as may be prescribed.
36. Procedure and powers of the authorities empowered to decide references warns sections 35 and 41—(I ) References under sections 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure 1908 (V of 1908), and iji the tr ial thereof the authorities empowered to ' decide Much references may exercise all the powers of a civil court under that Code.
(2) The scope of the enquiry in a reference under section 35 or 44 shall DP restricted to a consideration of the matters referred to the authorities mentioned in sub-section (1) in accordance with the provisions of this Act.
37. ConrmissiGner of Police or District Superintendent ©f Police to enforce i surrender or remove any encroachment—If the Highway Authority or any officer or servant is opposed or impeded in taking possession "of any land o r in executing i.
T, i -i-c > u . -m J • — — - i p u r was empower in this Penan, and the; District Superintendent or the officer so empowered shall enforce the surrender, removal or execution, as the case may be.
_ 38. Decisions of authori t ies imiier sections. 35 and 44 enforced as decrees o£ civil court.—The decisions of the authorities empowered to decide references under sections 35 and 44' shall be enforceable as a decree of a civil court.
39. Payment o f compensation awarded.- sation by agreement under section 27- or -(1) On the determination of compa^-.
(2) on thei making of an 'award under section 28, or [
(3) if a reference is made under section 35 against such award after the decision •of the Authority under that section, the Highway Authority shall make the pay ment of, the •• compensation awarded to the person entitled thereto in accordance with the agreement, its award or the decision of the Authori ty empowered to l e q S e £**£%$?*! U ^ e ? section 35, as the case may be. The provisions of sections 31 to 34 (both inclusive) of the Land Acquisition Act 1894 fl of Iflq/h <^all mutatis mutandis, .apply to such payment. ' ' U h S h a I 1 '
40. Payment by adjustment.—All payments due to be made to any person by way of compensation hy the Highway Authority under this Act shall, as far a s oossibleL, nnvmd?,6 b Z n ^ d : | U S t r e n t i n s « h Person's account regarding bet terment charges i f any, -due from such person under Chapter VL • . V ; . , ' ; . . CHAPTER VI LEVY OF BETTERMENT CHARGES.
41X ^P t i c® t0. owners and persons interested.—Where, anv work which the Hieh- •way Authori ty is empowered to under take by or under the "provisions of this Ael is u n d e r t a k e n the officer authorized by the Chief Commissioner of Manipur in S £ behalf shall give notice to the persons known or believed to be the o w n e r o f ! or interested m the lands benefited by such work requiring them to appear before Mm • either personally or, by an agent at a time and place therein mentioned (such •tlrne not being earlier than sixty days from the date of notice) to state their :\ i objections, il any, to the imposition and recovery of betterment charges on such • kands:
• Provided that no such notice shall be given unless the Collector with the r J , [ ° e Sanction of the Chief Commissioner of Manipur has declared that die va!ue of sSch lands is likely to increase or has increased by reason of the con struction of such work.
-> -^^ rin ««. rWe fixed under section 41 or on such ether
42. MOLuky and order.—On the d a « J ™ L un<- authorized under section date to which thei i n q u i r y m ^ b e > «dou tned , ™£ °mcLi o b 1 e c t i o n , i f any, &fffc ffp2!^-^^TS^Sritto 5l. make an order. The 0 r d 6 r S U t h T £ t e of commencement of the construction of any work, b the increase in the value of such lands by the proposed construction c the amount ox the bet terment charges leviable on each of the said lands,
(d) the date from which such betterment charges shall be leviable:
Provided that no betterment charges shall be leviable in respect of any l a n d - ' (a) which is unsuitable for development as a building site or
(b) which is situate beyond a distance of one furlong from the middle of the highway on either side.
. 4 3 . increase in '^J^J^^ffSPS^^^ I h t v a K ° S of the construction of such * ^ * ^ ^ . ^ J S ^ r k % i i k G lv to exceed or has land on the date of * ^ ^ t f e S S " — c e m e B ? of the. said work S ' S w & S S c n a S e s shall be one-half of such increase in value.
E x p l a n a t i o n - F o r the purposes of this section the. Chief Commissioner of M a i & r s h a i by notification in the Official- Gazette, s p e c i f y -
(a) the date of commencement of the construction oi any wortc.
(b) the date of completion of such work.
S f f l f * t t S S r i S Snder section 41. .ecui re that the matter be referred to the District Judge.
tm Anv such application shall be made within three months from the date on.
w h i c h ? a £ « t e of tSeofficer referred to in sub-section (1) was communicated to such person and shall -be in such form as may be prescribed.
#"« i m . env i s ions of sections 5, 12 and 14 of the Indian Limitation-Act, 1908 (IX o ? l 9 0 8 ) , P s h 2 ! apply' t d ? h e computation of the t ime fixed for reference under sub-section (2).
• (4) The Officer authorized under section 41 shall make the reference in such manner as m a y b e prescribed.
« Finality of order Axln r betterment charges and of decision em reference — The order fixng the betterment charges made under section 42 subject to a refe r e n c e t c t h e Authority under section 44 and the decision of the Authority on reference under section 44 shall be final.
46 Betterment charges to be first charge on land next to land revenue—From the date S e c S e d in t h e order fixing the betterment charges as the date from which suchPchSges shall be leviable, or from such date as may be otherwise speci fiedbyte Authority under section 44 as the date from which such charges shal • £ P leviable the bet terment charges recoverable in respect of any land shall sub]ect to he orior Payment of the land revenue, if any, due to the Government thereon, be a firS charge on the land in respect of which such bet terment charges are leviable. - 47 Payment of betterment charges— The betterment charges shall be payable '<& the dafe fixed under the rules' made by the Chief Commissioner of Manipur under section 71;
Provided. that the owner of the land on which such charges are imposed may execute an agreement in favour of the Government agreeing to pay die amount 1:6 of such charges by annual instalments together with interest at such rate ana within such period as may be prescribed.
48. Relinquishment of or exchange of land in lieu of payment of betterment-1 enlarges.—Notwithstanding anything contained in section 47, the Chief Commissioner of Manipur may allow the owner of the land on which the bet terment charges may be payable to relinquish the whole or any part of the land cr'tieliver it in exchange in lieu of payment of the charges, in favour of the Government on such conditions as may be prescribed:
Provided that no such relinquishment or exchange shall be permitted unless the land is free-from encumbrances.
CHAPTER VII SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAYS
49. Prevention of obstruction of view of persons using any highway.— „
(1) Whenever the Highway Authori ty is of opinion tha t it" is necessary for the prevention of danger arising from obstruction of the view of persons using , any highway, especially at. -any bend or corner of the highway, it mar , save as -•- otherwise provided in section 11, serve a notice upon the' owner or occupier of land along side or at the bend or corner of such highway to alter within such time and in such manner as may be specified in the notice, the height or character of any existing wall (not being a wall forming part of a permanent structure) , fence, hedge, tree, advertisement post, bill board or any ether object thereon, so~ as to cause it to conform with any requirements specified in the notice.
(2) If any person upon whom a notice has been served under sub-section ( i ) objects to comply with any requirement of such notice, he may within two months of its receipt, send to the Highway Authority, his objection in writing stating the grounds thereof.
• (S) The Highway Authority shall, within two months of the receipt of the objection, consider the grounds" advanced and shall,,by order in writing, either with draw the notice or amend or confirm it.
(4) if a person is aggrieved by an order issued by the Highway Authori ty under sub-section (3), he may 'p re fe r an appeal within thir ty days from the date when such order was communicated "to him, to the" Collector whose decision in-tfes matter shall be final. ' ?"- ' (5) If any person fails to comply with the notice served on him under sub section (1) as amended or confirmed, as the case may be. under sub-section (3), the Highway Authority may take action to .alter the object causing obstruction of view at i t s own expense, and such expenditure shall be recovered from such person in accordancs with the provisions of section 25, without prejudice to any other action which may be taken against him.
50. Highway Authority to regulate traffic when highway declared - unsafe.—If at any time it appears to the Highway Authority that any highway in its charge * or any portion thereof is or has been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, subject to such rules as may bp prescribed in this behalf, either close the highway or the portion of it to, all traffic or to any class of traffic, or regulate the number and speed or weight of vehicles**1-^ using the highway. . '
51. Prohibition of use of heavy vehicles on certain highways.—Where the High- .
way Authority is'satisfied that any highway or a portion thereof, or any bridge, culvert or causeway built on • or across any highway, is not designed to ' carryvehicles of which the laden weight exceeds such limit as may be fixed. in. this be- Ralf, i t may, subject to such rules as may be prescribed in that behalf, prohibit o r restrict the., plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway.
52. Procedure to he followed when Highway Authority desires, permanently io close any highway.:—(1) Where in exercise of the powers conferred on. it by ' see" ' tlon 50 the Highway Authority desires permanently to close down any highway • or part thereof, it shall give notice of its intention so to do in the Official Gazette The notification shall .ilso be published in at least two newspapers, one of which shall be in the regional language of the place in which the highway is situated y i ('/'.) The notice shall indicate the alternative route, if any, which is proposed to bo provided or which may already be in existence, and shall also invite object lions, if any, to the. proposal to be submitted within such time as may be specified.
(3') The Highway Authori ty shall finalise its proposal to close down any highway or part of 'it after considering the objections, if any, received within the specified time and shall submit the Una! proposal to the State Government for approval together wi th such objections as may have been received against the proposal.
(4) The Chief Commissioner of Manipur may either approve the pro] osal, with or without modifications, or reject it.
(5) When the Chief Commissioner of Manipur has approved the proposal he shall 'publish his orders in the Official Gazette.
(6) When the. orders of the Chief Commissioner of Manipur have been published in the Official Gazette, the Highway Authori ty shall arrange for further publicity to be given to the orders in at least two newspapers one of which shall be hi the regional language, of the place in which such highway is Situate and the highway or part thereof shall then-be closed.
(7) Whenever any highway or any part thereof has been so closed, reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member of the public, to use such highway or part thereof as a means - of access to or from his - property and has suffered damage for such closure. ^» - .
53. Consent of Highway Authority required to do certain/—(1) Notwithstanding ' anything contained in any other enactment for the t ime being in force but subject to the provisions of section 72 no person other than the Highway Authority or any.
person authorised by it shall construct or carry any cable, wife, pipe, drain, sewer or channel of any kind through, across, under or over any highway, except with the permission in writ ing of the Highway Authori ty, , (acts on highway). .
(2) In giving its consent, the Highway Authori ty may impose such conditions as it may deem to be necessary, and may also impose a rent or ether charge for any. land forming part of the highway occupied by or applied to the proposed work.
(3) If any person .constructs or carries out any work in contravention of sub section (1), the Highway Authority may arrange for the removal of such work and I estoration of the Highway to i|s former condition in accordance with the provisions of section 23 as if the work constituted an encroachment on the highway, and such •expenses as the. Highway Authority may incur for this purpose, shall, without pre judice to any other action that may be taken against such person, be recovered from him in accordance with the procedure provided in section 25 in so far as that pro cedure is applicable.
54. Prevention and rectification of damaged highway.—(1) No person shall wilfully cause, or allow any vehicle or animal in his charge to cause any damage to any highway.
(2) Where in contravention of sub-section (1) any damage has been caused to any highway, the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1). be recovered from him in accordance with the procedure provided in section 25 in so far as tha t procedure is applicable.
CHAPTER VIII PENALTIES
55. Disobedience of orders, instructions and refusal to give information etc.— Whoever wilfully disobeys any direction lawfully given by any person or authori ty empowered under this Act to give such direction, or obstructs any person or authorirv in the discharge of any functions, that such person or authority is required or empowered under this Act to discharge, ox-, being requi red by or under this Act to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be t rue shall, on conviction, be punished with fine, which may extend to two hundred rupees.
IS at const r n r t ,.• " = ;r~~~ ~ - - - ~ M - »~ » ' . ' " ' " « j.iiSiivvciv UJ- uues any otner worn in""- contravention ol the provisions of section 9. shall, on conviction, be punished— J
(a) with fine which may extend to five hundred rupees, and (t>) with further fine which may extend to one hundred rupees for each dav atter such conviction, during which the offending structure or work Its o r t g i n ^ S i t S n " 0 1 1 3 1 1 ^ *" ***** "* ^ #* "<* ^ ^ t 0
57. Unauthorised occupation of highway.—Whoever—
(a) occupies or makes any encroachment on anv highway in contravention or the provisions of sub-section (I) of section' 21, or
(b) fails to comply wi th the notice served on him under sub-section (1) ox section 23 for no valid reason, shall, on conviction, be punished—
(a) for a first offence with fine which may extend to two hundred and fifty rupees, Cb) for a subsequent offence in relation to the same encroachment with fine which may extend to five hundred rupees plus a fur ther fine not exceeding fifty rupees per day on which such occupation of trie h ighway o r encroachment continues.
58 Causing: damage to highways.—Whoever in contravention of sub-section
(1) or section 54 wilfully causes, or allows any vehicle or animal in his charge S L ^ I ^ d a m a f e , t ( \ a n y l»g£way, shall, on conviction, be punished wi th fine which may extend to one thousand rupees.
59. _ General provision for punishment of. offences.—Whoever contravenes anv provision ot this Act or of any rule or order made thereunder shall, if no otherpenalty is provided for the offence, on conviction, be punished:—
(a) for a first offence wi th fine which may extend to fifty rupees.
(b) for a subsequent offence w i t h fine which may extend to two hundred
60. Power to compound offences—Any offence committed under this Act msfe S f J ? S 0 , i ? d ? d , b y t h e H l g h ^ a y Authori ty and if any proceedings have been* instituted against any person- in any criminal court, then on the terms of the compromise being carried out, the composition shall be held to amount to an acquittal and in no case shall any further • proceedings be taken asainst- such person or any proper ty of such person with reference to the same facts.
CHAPTER IX MISCELLANEOUS _ 61. Powers and duties of police.—Every police officer shall forthwith furnish information to the nearest Highway Authority, or the nearest officer subordi nate to the Highway Author i ty of any offence coming to his knowledge which h a s been cqinmitted against this- Act or any rule made under this A c t a n d shall be bound to assist the Highway Authori ty and its officers and servants in the exercise of their lawful authority. l s
62. Duties of village officials.—Every village headman, village accountant village watchman or other village official by whatever name called shall for th with inform toe nearest police station or the nearest Highway Authori ty or any officer duly authorised by the Highway Authority, whenever he becomes aware that any survey mark or any boundary mark of any highway o r ™ n y S w W 1 P f } " e £ u l * n g or control line determined in respect o f * highway has been destroyed, damaged, removed, displaced or otherwise tampered with or that any damage to any highway or encroachment on any highway has been m Sue >—
63. Power to utilise highway for ©fteS than road purposes.—The Highway Author i ty may utilise temporari ly for other than road purposes land forming par t oi a highway which is not immediately required for the passage of traffic and dispose of the produce of such land. « « « * , 19 (\McA 64, Summary eviction.—Any person wrongfully occupying any land,—
(a) which is a part of a highway, _ fbl the occupation of which contravenes any of the provisions of this Act and the said provisions do not provide for the miction of such person, shall be summarily evicted by the Collector in the manner provided m the / t s a m Land and Revenue Regulation, 1880 a s extended to the Union ter r i tory frf Mampur on being required to do so by the Highway Authori ty or any officer authoHzed 'in this behalf by Lb, Chief Commissioner of toanrpur.
65 fofluMes to be held summarily.—(1) The Highway Authori ty or the officer aShurrzed by the Chief Comrhssioner of Mampur m- this behalf shall, ff h d e s i r e s to make any inquiry for the purposes of this Act. make, the , inqui ry n such manner as may b e prescribed Dy any law for the time being in force S the u S o ? terr i tory of Manipur relating to summary inquiries in revenue mat ters . .
(O) The Highway Authori ty and an officer authorized, by. the Chief Com missioner of Manipur or the Highway Authori ty under this Act shall have the S m e Powers for summoning and enforcing the attendance of any person and ^ T m r n i n g him on oath and compelling the production of documems as are •'• v e ^ d in the revenue officers under the Assam Land and Revenue Regulation, 188G, as extended to the Union terri tory of Manipur.
fifi Registration of m a p made under section 8 not required.—(1) Nothing in t h e Indian Registration Act, 1908 (XVI" of 1908) shall be deemed to require the registration of any map made under section 8.
(2) All such maps shall for the purposes of sections 49 and 50 of the Indian Registration Act, 1908 (XVI of 1908) be deemed to have been and to be registered in accordance with the provisions of that Act:
Provided that the maps shall be accessible to the public in the manner prescribed. t
67. Certain persons to he public servants—The W&vy. A^f^' 1 B 5 £ officers and other persons authorized or appointed under . th i s Act (XLV of I860) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
68 Bar of jurisdiction—No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt wi th by the Highway Author i ty , the Collector an officer or person authorized under this Act, any Authori ty under section 35 or sectionL 44 . or the Principal Engineering Officer of the Manipur Administration or the Chief Commissioner of Manipur.
69 Protection of persons acting in good faith and limitation of siut or Pjoseration.—(1) No suit, prosecution or other legal proceedings, shall be inst i tuted against any public servant or officer or person duly authorized under this Act in respect of anything in good faith done or intended to be done under this Act, er the rules or orders made thereunder.
(2) No suit or prosecution shall be instituted against any public servant or • -officer or person duly authorized under this Act in respect of anything done or t' intended to be done under this Act, unless the suit or prosecution has been instituted within six months from the date of the act complained of.
70 Service of notices and bills.—(1) Every notice or bill issued or prepared ' tinder ,this Act, m a y be served or presented,—
(a) by delivering or tendering it or sending it by post to the person to 1 * , 'whom it is addressed, or to his agent, or
(b) if such a person or his agent is not found then by leaving it at his J . usual or last known place of abode or by delivering or tendering it to some adult male member of his family or by causing it to be fixed on some conspicuous par t of the building or land, if any, to which it relates.
(2)' Where a notice under this Act is required to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier, and the service thereof may be effected either— •
(a) by delivering or tendering the notice or sending it by post_ to the owner or occupier or if there be more owners or occupiers than one, to any one of them, or I i \A> 20
(b) if no such owner or occupier is found then by giving or tenderirfl ^ ^ % t 0 a " - a d i m ; male member or servant of bis S n i l v o r™?
fixed on some conspicuous part" of the J building or land to which the same relates.
(3) Whenever the psi'son , 'to whom notice or bill is to be served S i r w l ^ i c e . u p o i i his guardian or upon an adult 'male' member c of has family shall be deemed to be service upon Bit minor. • " "
71. Fewer to make rules.—(1) The Chief Commissioner of Manitmr mav h-u " f f i S ] " ! t h e (T f f i cf1 G a s e ' t - a n d s u b J ^ ^ « ^ condi t io? P c? S o u s ^publication, make rules to carry out ail e r any of the purposes of this Act t *|£ £» P ^ 1 ? 0 " 1 ^ ' a n c I without prejudice to the generali ty of the foregoing ! S S l l o ^ ^ ^ t S - - " 1 0 " 6 1 ' ° f M a n l P O T m a y m S k e m l e s f o r s l l \ r a f f o !
(a) the manner in which the notification may be published in the village • and at the headquar ters of the tebsil or the revenue or the a d m i m - tiafaye hill sub-division or circle or unit under sub-section f2) of bection 7; .. • ' --
(b) the other places at which copies of man mav be Open to insoectior, under sect ion-3; \ -
(c) the form of appl icat ion-and its contents under sub-section f l of section 9: . u o n ^ J o r
(d) the other manner of publishing the notification- under section 15;
(e) the conditions on which and the amount of- rent or charge on oavment of which encroachments , may be made on a highway: ' • (f) the, manner in which a reference shall be made under section 35 or 44:
(g) fixation of the date on which the bet terment charges shall b a oavablp under section 47 and instalments together with the ra te of interest and die period within which such instalments shall be paid unde r the proviso to the said section:
(h) the conditions on which any land may be re l inquished-or delivered-1 • m exchange m favour of the Government under section 48;
(i) rules subject to which any highway, or portion of it may be closed totraffic or any class of traffic or the number and siaeecl or weight of vehicles using the highway may be regulated under see t ion%) :
( j ) rUs1ectionbJaCt t 0 W h i c h P l y h l g °l v e h i - d r ' s may be prohibited under
(k) the prevention of obstruction of view of persons using highwavs and of annoyance, danger or injury to the public;
(1) the prevention of obstruction, encroachment and 'nuisances on or near and of damages it'o highways;
Cm) the proper maintenance, of boundary marks demarcating highway boundaries and building and control lines: - J
(n) the prescription of various forms of applications required io be made and the forms of notices and.bi l l s required to be served on persons" the charges to be. made for the supply of copies of maps, "and the S P t h i ? Acfr r g e s t 0 b e i m P ° s e d <* levied under the provisions
(o) the general guidance of the Highway Authori ty in the discharge oi irs functions under this Act;" & >'p) regulation or diversions of existing rights of access;
(q) any other m a t t e r - w h i c h is to -be or may be prescribed.
A c t 7 t h a i r l f r 5 ' t ^ - ( 1 ) S u ' b j e c t t o t h e Provisions of this-section, nothing in this
(a) the r ights , of any local authori ty to make any excavation for the purpose ox laying, making altering, repair ing or renewing any l' sewer,__dram, water course or other jwock; or* ,-««» "'--."
being in force for gas or water , electricity, rai lwfyT t ramways ' o T ^ trolly vehicles to erect any support or make any excavation for . , . the purpose of laying, making, altering, repair ing or renewing any i s •' main, pipe, sluice, weir, electric line, duct, drain or other apparatus;
or
(c) any land belonging to a railway administration or belonging to or used by a person holding a licence or sanction for the generation, transformation or distribution of electricity under the Indian Elec tricity Act, 1910 (IX of 1910), when such" land is held or used by the rai lway administration or such person, as the case may be, for the purpose of its railway or for generation, transformation o r ' d i s tribution of electricity, except in so far as they may consent there to; or
(d) any land within the limits of a cantonment;
Provided that—
(i) any restrictions in force under section 9 as to construction, forma tion or laying out of means of access to, or from, any road, shall without any such consent as aforesaid, extend to any such land as is specified in clause (c) in so far as the restrictions relate to means of access over or under such land to, or from, land other than land so specified; and
(ii) any consent required for the purposes of this section shall not be unreasonably withheld and the question whether or not the con sent' so required is unreasonab1y withheld shall be determined by the Chief Commissioner of Manipur and the decision of the Chief Commissioner of Manipur on the question shall be final.
(2) Nothing in this Act shall affect any powers and duties of the telegraph authority under the provisions of the Indian Telegraph Act, 1885 (XIII of 1885).
73. Provisions of this Act or rules to prevail over inconsistent provisions in other laws.—Save as provided in section 72, the provisions of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law. for the time being inforce in the Union terri tory of Manipur, in so far as such law is inconsistent wi th the said provisions or rules, and such law to the extent of such inconsistency shall cease to apply or shall not apply to any such matter .
74. Building and control lines along national highways.—For the avoidance of doubt it is hereby declared that nothing in this Act shall apply to highways which are or have been declared by or under any law made by Par l iament to be national highways:
Provided tha t if any highway is declared t o . b e a nat ional highway by or' under any law made by Parl iament, it shau be lawful for the Chief Commissioner of Manipur, to fix or not to fix the building and control lines for different - portions of the said highway under section 7 and thereafter the provisions of this Act in so ' far as they apply to the Restrictions on buildings between the highway boundary and the building line or between the building line and the control line and other provisions relating to such building and control lines shall, mutatis mutandis, apply.
SCHEDULE [See sections 28(2) and 30.] , ' Amendments to the Land Acquisition Act, 1894.
1. Amendment of section 23 of Act, I of 1894.—For section 23 of the Land Acquisition Act, 1894 (I of 1894) (hereinafter called, the said Act) , the 'following shall be substituted, namely:— "23. Matters to be considered in determining compensation.—In determin ing the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall b e taken into consideration:—
(1) the marke t value at the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955, as extended to the Union terri tory of Manipur;
, , , .1 « us- to which the land was put at the date of such declaration: , (?.) the use to wmen i interested by reason of the J (Si the danu.Be sustained by the p u r " g f ^ g g ^ ™ b e o n the land • SHI t£U£& SS i to 'SS taien from hint, <« *Sl«Sio« , able expenses, if any, incidental to such change. ( 2 i t f b f c M of section £4 fef Act, I ol IwUtfo* section 24 of the said Act, , ;
the f̂olTowing" shall be substituted, namely:-- • the ioiiow g ne„iected in determining compensahon.-But " 2 4- ^ following. m a t t e ^ K f not be taken into consideration:_
(1) the degree of urgency which has led to the acquisition;
(2) any disinclination of the' person interested to part with the land acquired;
(3) any damage sustained by him. whictu if caused by a private person, l ) would not render such person liable .to a suit,
(4) any. damage which ft^^^ffSSSfi! S ^ s S o l ' i f " li's date,.of the publication ° y ^ e "eciaia to the Union terri- . - g? y E o r^ ipS g tT in A co 'nKu 'e„ a eU11ne d t ] i^ t which itwil.be • «i »rv increase to the value of the land acquired.likely to accrue from
(5) ^ i n c r e a s e to^the n ^ ^ ^ w h e n a c q u l r e d ;
t* thP o l w of the other land of the-person interested ( 6 > a l k S ^ t o acc°rul froS thefuse%o which the land acquired will'be ~ put ; • • J m any outlay - ^ ^ g H ^ S i S S A ^ ^ & ^ £ commenced, made or .enectea •* "* ̂ +- faf t h e declaration under iSSSSl S i S » 8 * ? J S ^ * t « as extended to the Union territory of Manipur; _ l ^ f j S r b f J f S ^ f J&rt is no market apart 'from the special * heeds of the Highway Authority.; ^ ( . ) any increase in ̂ ^ ^ / ^ i ^ S t u l d ^ I S l S d W ^ •ISy S f o T ^ ^ t c f l a T o r ? detrimental to the health of the SSa tS of the premises or to the public health .
[F. 9/4/58-Judl.II UTL.9.]
K. R. PRABHU, Dy. Secy. >—•- 4 „—i G I PKD—DMD—327HA— 25-1-60— 350 http://danu.Be http://itwil.be