All police officers of the area in whose jurisdiction the bridges, causeways and tunnels fall shall be bound to assist the Toll Inspectors, when required in the collection of toll under these rules, and for that purpose, shall have the same power which they have in exercise of their normal police duties.]1 52 The Karnataka Highways Rules :1964 : KAR. ACT 44 1[SCHEDULE I] [ See Rule 9] Table showing the rents to be charged for temporary occupation of highway land Purpose for which highway land occupied Rent to be charged An annual sum not exceeding 2V2 per cent of the market value of the land encroached upon or below the temporary structure subject to a minimum of As.6 in municipal arears and As. 3 in other areas.
Temporary encroachment in front of a building owned by the applicant or for a temporary structure overhanging a highway.
2 Putting up temporary awnings, tents, pandals, scaffoldings or other, similar erections.
A daily sum not exceeding Re.1 per 100 square feet of land occupied in municipal areas and 50 paise per 100 sqaure feet in other areas.
3. An annual sum not exceeding 10 per cent of the full market value of the land occupied subject to a minimum of As.12 in municipal areas and As.6 in other areas.
Temporary stalls
4. A daily sum not exceeding Re.1 per 100 square feet of land occupied in municipal areas and 50 paise per 100 square feet in other areas.
Depositing building materials, goods for sale or other articles.
5, Nil Making temporary excavations.
The existing schedule is renumbered as "Schedule 1" by GSR 89, dated 30-3-1984, w.e.f 31-3-1984. (Notification No.PWD 62 CBR 83, dated 30-3-1984) 53The Karnataka Highways Rules1964: KAR. ACT 44] 1[SCHEDULE II [See Rule 18] (H.S.GANESHA MURTHY) Under Secretary to Government, Public works Department, (Communication-ll)
1. Schedule II inserted by GSR -89 dated 30-3-1984 w.e.f. 31-3-1984 Notification No PWD 62 CBR 83 dated 30-3-1984 and substituted by Notification No. PWD 12 CBR 95 dated 31-7-1998 Karnataka Gazette Extra ordinary. No.672 Part IV 2c(i) dated 31-7-1998.
54 The Karnataka Highways Rules :1964 : KAR. ACT 44 FORM 'A' [ See Rule 5] Form of application for permission under Section 9(2) for purposes specified in Section 9(1) (a) (b) of the Karnataka Highway Act, 1964:- -~ --
1. Name of applicant (in full) -
2. Age Address (in full)3.
4
5.
Interest of the applicant in the property to which the application relates (A Certified copy from the Record of Rights or Property Register should be attached).
Purpose for which permission is sought (Give full details)
6. Particulars of land on which the work is to be carried out-
(a) Survey No.
(b) Hissa No. Pot Hissa No.
(c) Total area of the plot in possession of the applicant.
(d) Area of the land to be used out of (c) above!
for the work. I
7. Name of-fh8 highway along which the property is situated, with mile number and furlong number of K. M. to be fully described.
Whether perm--rsslOnof the Deputy Commissioner or the Local Authority concerned is obtained for the work. If not, state the reasons why such permission not obtained if obtained attach the same( in originals).
8.
551964: KAR. ACT 44] The Karnataka Highways Rules 9, (a) Whether application made previously to the Highway Authority for the purpose stated above.
(b) If so, state the date of such application,
(c) Number and date date of the communication, if any, from the Highway Authority in respect of such application.
10. Any other relevant particulars or information.
--~ The above particulars and information are true and correct to the best of my knowledge and belief .
Date. Signature of Applicant Place.
*Notes.-(1 )
(2) A rough sketch showing all the particulars against items 6 and 7 of the form and the distance between the site of the work and the highway boundary should accompany the application.
Applications pertaining to construction, reconstruction, extension of or material alterations to buildings should be accompanied by a detailed plan of the structure existing old or proposed as the case may be and the proposed additions and alterations, if any, duly certified by an Architect.
FORM '8' [See Rule 51 Form of application for permission under Section 9 (2) for purposes specified in Section 9(1) (c) of the Karnataka Highways Act, 1964.
Name of the applicant (in full)
3. Address (in full)
4. Whether owner or tenant of the building to which the applicant relates. If the latter whether permission of the owner for the change of use is obtained.
56 :1964 : KAR. ACT 44The Kamataka Highways Rules Purpose/s for which the building is used at present.
5.
Purpose/s for which the building is proposed to be used.
6.
Whether the propoSed change of use of the building involves any additions or alterations to the structure. If So, give particulars.
7.
8. Whether the person/proposed use of the building attracts/will attract a large number of vehicles or crowd of people in front of the building.
If so, give a rough estimate and state what arrangement exist/are proposed to accommodate these.
Particulars of the land on which the building is situated.
9.
(a) Survey No.
(b) Hissa No.
(c) Pot Hissa No.
(d) Total area of the plot in possession of the applicant.
(e) Area of built up property in possession of the applicant.
(1) Area of built up property after additions and alterations, if any are, proposed.
10. Name of the highway along which the building is situated with mile number and furlong number or K.M (To be fully described).
11 .Whether permission of the local authority or other Government agency concerned for the use/change of the use of the building is obtained.
If not, state the reasons why such permission not obtained. If obtained attach the same (In Original).
571964: KAR. ACT 44] The Karnataka Highways Rules --
(b) If so, state the date of such application
(c) Number and date of the communication, if any, from the Highway Authority in respect for such application.
13. Any other relevant particulars or information The above particulars and information are true and correct to the best of my knowledge and belief .
Date:
Place:
Signature of the Applicant.
A sketch showing all the particulars in respect of items 7, and 10 of the form should accompany the application.
FORM C [ See Rule 7] Form of application for grant of permission under section 21 of the Karnataka Highways Act, 1964 for temporary occupation or encroachment on highway (within highway boundaries}. - -~.
1
2.
Name of the applicant (in full) Address 9f the applicant (in full)
3. Purpose for which permission is required
4. Name of the highway and exact location of the highway land to be occupied (mention mile No. and furlong number or K.M. and attach a sketch).
!i Area of hjghway lands to be occupied 58 The Karnataka Highways Rules [1964 : KAR. ACT 44 Date Signature or Thumb impression of the Applicant.
FORM 'D' [See Rule 1O] Form of application under Section 35 of Karnataka Highways Act, 1964 for reference to Court against award made under Section 28.
(1) Name of the applicant (in full).
(2) Occupation. .;' :I~
(3) Age. ;;~';~
(4) Address.
(5) Number and date of award under Section 28 of the Act.
(5-A) Date on which the award was communicated to the applicant.
(6) Particulars of land to which the reference relates.
Survey No. Hissa No.
Village Taluk District
(7) Grounds on which application is made for reference to the Court.
Date. Signature of the applicant or his duly authorised Agent 1964: KAR. ACT 44] The Kamataka Highways Rules 59 FORM 'E' [ See Rule 11] Form of application under Section 44 of Karnataka Highways Act, 1964 for reference to Court against order made under Section 42, fixing betterment charges.
1. Name of the applicant (in full) 2. Occupation 3. Age. 4. Address 5. Number and date of order under Section 42 of the Act. S-A. Date on which the order was communicated to the applicant
6. Particulars of land to which reference relates.
Survey No Hissa No Village Taluk District
7. Grounds on which objection is taken to the fixation of betterment charges.
Date. Signature of the applicant or his duly authorised Agent.
FORM 'F' [See Rule 14 (14)] Agreement to be entered into under the proviso to Section 47.
This agreement made at. the. dayof one thousand nine hundred and sixty between the Governor of Karnataka (hereinafter referred to as "the Government") of the one part and. inhabitant of. (hereinafter referred to as "the owner" which expression shall unless excluded or repugnant to the context include his heirs, executors and administrators) of the other part.
60 The Karnataka Highways Rules [1964 : KAR. ACT 44 Whereas the owner is possessed of and otherwise sufficiently entitled free from encumbrances to the piece of land situated at more particularly describect-in the. Schedule hereto appended (hereinafter referred to as "the said land").
And whereas it has been held by. the order. of the , thedecision AuthorisedOfficer madeunderSection42 CiviIJudge l Section 44 of the Karnataka Highways Act, 1964, that betterment charges amounting to Rs. are leviable .on the said land.
And whereas the owner desires to pay the said amount of betterment charges by annual instalments in the manner provided under the Karnataka Highways Rules, 1965, and has for the purpose agreed to enter into an agreement with the Government as required by the proviso to section 47 of the said Act.
~;
Now this agreement witnesseth as follows:-
(1) The owner shall pay to the Government the said betterment charges of Rupees. with interest thereon at the rate of five per cent per annum within a period of. years from this date by. equal yearly instalments of Rs. each for principal, the first of such instalments t be paid on the day of. one thousand nine hundred and sixty. and the. subsequent instalments to be paid on the day. of. each subsequent year and that the owner shall in the meantime and so long as any part of the principal sum of Rs. shall remain owing, pay interest to the Government at the rate of five per cent per annum on all moneys whatsoever for the time being due and owing under these presents by yearly payments the first of which payments shall be made on the days.of 196 and subsequent yearly payments shall be made on the day of. each subsequent year until the whole sum of Rupees. is paid off:
Provided always that if any such interest shall remain unpaid for one month after the date on which the same ought to be paid then, and in every such case, the interest so in arrears shall at the expiry of such month be capitalised and be added to the principal sum hereby secured and for the time being qwing hereunder and shall thenceforth bear interest payable at the rate on the days aforesaid and all the rules of law and equity in relation to interest shall equally apply to interest on such arrears:
Provided further that the last preceding proviso shall not permit owner to allow any interest to fall into arrears.
1964 : KAR. ACT 44] The Kamataka Highways Rules 61
(2) All sums due and payable by the owner under these presents shall subject to the prior payment of land revenue, be a first charge on the land, in respect of which such betterment charges, are leviable as provided in section 46 of the Karnataka Highways Act, 1964.
(3) The owner shall bear the stamp duty payable in respect of this agreement.
Inwitnesswhereofthe...: of hasforand under the directions of the Governor of Karnataka set his hand and seal and the above named owner has set his hand hereto the day and year first above written.
Signed, and delivered by:
Sri. of. in the presence of .-
(1)
(2) Signed, and delivered by:
Sri. in the presence of.-
(1)
(2) 1[FORM 'G' [ See Rule 21] R.No. Receipt for payment of toll Name of bridge(s), tunnel(s) or causeway(s)
1. Description of motor vehicle with Registration Number
2. Whether laden or unladen or with or without passengers
3. Time and date of outward journey
4. Name of driver and/or owner
5. Amount of toll paid.
Signature of Toll Inspector.
1. Forms G to I inserted by GSR 89 dated 30-3-1984 w.e.f. 31-3-1984 Notification No. PWD 62 CBR 83 dated 30-3-1984.
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10 63 [ See Rule 22(G)]