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;
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 28th August, 2002 pp. 1551 and 1562.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 5th April, 2006 pp. 44 and 47.
THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 3
(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 THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 4 walls, cross drainage, kerb, road side drains, road junctions, medians, speed breakers, i/c rumble strips, street lighting, traffic lights etc. ;
(iii) any structure ancillary to road transport and communication system;
(iv) bridges including approaches, return walls, wing walls, protection works and allied structures;
(v) expressways including interchanges, grade separators, dividers and other ancillary structures;
(vi) road furniture, such as parapets, railings, kerb stones, kilometer stones, benches, cat eyes, reflectors, pedestals and sign boards, barricades and crash barriers;
(vii) road over bridges, flyovers and under passes and their allied structures;
(viii) roadside parking area;
(ix) roadside plantation, nurseries, hedges and other landscape items;
(x) toll booths/plaza;
(xi) tunnels and ancillary structures; and
(xii) wayside amenities/structures, such as rain shelters, lay byes, bus, lanes, public conveniences, parks and open spaces located on Government land along the road;
(r) “Secretary” means Secretary(Public Work Department) to the Government of Himachal Pradesh and includes any person for the time being appointed by the Government, by notification, to exercise and perform all or any of the powers and functions of the Secretary under this Act and the rules made thereunder; and
(s) “Work Inspector” means any employee of the Himachal Pradesh Public Works Department, appointed by the State Government by notification, as such, and includes Road Inspector and Work Supervisor of the department.