(1).,Every power to make rules given. by-this Act is subject to the conditlon of the rules beihg‘madewafter previouspublication.
.(2) A11 rules made under this Act shall be. publishedjn the pfliCial gazette, and shall, unless some later ‘date is__appointed, come mto force on the'date of suchepublication.
55. The highway authority \may, after obtainingetheizzapproval of the State Government, by notification in theriosfficialk Gazette, delegate any of its powers or duties under sections 7(3), 7(4)lO, 20, 21, 23, 38, 39, 40, 41, 42, or_ 43 of this. Act to ,Iany officer. or authority subordinate to it subject to such conditions if any, as may be spemfied in suchnotification.
Service of notice, etc.
Publication and commencement of rules.
Delegation of powers by the highway autho’ rity.
31
56. All persons acting by the authority of the State Govern— ment or of any highway .authmtity;_or; a Planning Board in the carryingoutof any of therprovisions of this Act or of any of the ruleSnv'made: under::thisszct—‘shaH?,beridezemed.,to:=be: public servants Within the meaning of 'Section'Zl rof ?the Indian Penal Code.
57. *No suit, prosecution or other legal proceedings shall lie against any person foranything Which is in good faith done or intehded-to be done under or in pursuance of this Act or any rules made under this Act.
58. Every police officer shall ’forthwith furnish information to the nearest highway authority, or the nearest officer subordinate to the highway authority, of any offence coming to his knowledge which has been committed against this Act or any rule made under this Act, and shall be bound to assist the highway authority and its Officers and servants in the exercise of’ their lawful authority.
’59. ‘A police officer in uniform may arrest Without warrant any purson Who commits in his View an offence punishable under Section 66 or 67.
60. Every village headman, Village accountant, village watch— man or other Village official by Whatever name called, shall forthwith inform thehnearest police station of the nearest highway authority or‘any officer of the' highway authority, ~whenever he becomes aware that any survey marks showing the building or control lines determined in respect of a highway has been$ des— troyed, damaged, removed, displaced or otherwise tampered with, or that any damage to any highway or encroachment on any highway land has been ,made.
61. The highway authority may utilise temporarily for other than road purposes: land forming part ofa highway Which is not immediately required for the passage of traffic and dispose of the produce of such lands.
‘62. Wherein pursuance of Sections 7(2), 11(10), 26(1) or 31(1), a highway authority orravPlanning ?Board has acquired any land by direct negotiations With the owner or owners, it shall cause the interests, if any, of other person or persons in such land to be acquired under the Land Acquisition Act, 1894, in so far as that Act may be applicable, to ensure perfect title thereto.
62A. Nothing in Parts '11 tor=IV of this "Act shall apply to lands vested in or under the control of Central Government or to any area falling within the limits of a Cantonment Board, Major Port Trust or other local authority, under the administrative control of the ?Central' Government. i" Persons deemed to be public servants.
‘ Protection of persons taking action under this Act.
Powers and duties of ‘ police in respect of , offences and assistance to highway authorities.
Power of arrest without warrant in case of offices involving _ encroachment on or damage to. ‘ highways.
Duties-of village oflicials to report to highway authority whenever 'they become aware of damages to highway or to the boundary marks :of highways,vetc.
Power-to utilise highway and for other than road purpOSe.
Land aquired by direct negotiation to be subsequ— ently aquired under Land Acquisition Act, 1894.
Saving as regards land under central Government control.
General provision for punishment of offences under Parts .11 to IV.
Disobedence of orders, obstruction and refusal of information.
Penalty for Contravention of restrictions relating to laying of means of a_access of ereCting many buildings etc.
Penalty for unauthorised occupation of highway land.
Penalty 1‘or causing damage to highway, Powet t0 compound oifences.
CHAPTER—XIII OFFENCES, PENALTIES AND PROCEDURE APPLICABLE TO PART II TO IV
63. Whoever contravenes any provision of Parts 11 to IV of this Act or of any rule made under this parts shall, if no other penalty is provided for the otfence, by punishable for fine which may extend to Rs. 50, or if having been previously convicted of any offence under this Act, he is again convicted of an offence under this Act, with fine which my extend to Rs. 200.
64. Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any functions that such person or authority is required or empowered under this Act to discharge, or, being required by or under this Act to supply any information which he knows to be false or which he does not believe to be true shat], if no other penalty is provided for the offence be punishable with fine which may extend to Rs. 260.
65, Whoever constructs or lays out any means of access or erects or re-erects any building or structure or does any other work in contravention of Sections 13(1), 14(1), 15(3) or 30(1), he shall be punishable.
(a) With fine which may extend to Rs. 50'), and
(b) with further fine which may extend to Rs. 100 for each day after the first, during which the offending means of access or structure or work is not removed, demolished or cleared and the site not restored to its original condition.
66. Whoever occupies'or makes any encroachment on any highway land in contravention of Section 20(1), or fails to comply with the notice served on him by Section 21(1) for no valid reason, he shall on conviction be liable to pay.
(a) afine which may extend to Rs. 250 for the first offence, and
(b) with further fine which may extend to a lump penalty of Rs. 500 plus a daily levy not exceeding Rs. 50 for each day that the offence is continued in the \event of a second conviction in relation to the same encroachment.
67. Whoever in contravention to Section 4(1) wilfully causes or allows any vehicles or animal in his charge to cause any damage to any highway, he shall be puniShabie with fine which may extend Rs. 1,000.
68. The highway ;auth01'ity may, either before or after the institution of the proceedings, compound and offence against Part II‘ to IV of this Act or any rule framed thereunder.
PART V TRAFFIC PROVISIONS
CHAPTER—XIV CONTROL OF TRAFFIC
69. In this .‘part of this Act, unless there is anything repugnant in the subject or context the terms “public vehicles” and “vehicle” shall not be construed to include a motor vehicle as defined in the Motor Vehicles Act, 1939.
70. The State Government or any authority authorised in this behaif by the State Government, if after consulting the highway authority is satisfied that it is necessary in the interest of public safety or convenience, or became of the nature or any road or bridge, may by notification in the officialgazette prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of vehicles or animals, either generally in a specified area or on a specified highway or part ofvhighway, and when such prohibition or restriction is impose, shall cause appropriate traffic signs to be placed or erected under section 71 at suitable places :
Provided that where any prohibition or restriction under this Section is to remain in force only for a period of one month or less, notification thereof in the otfictal gazette shalt not be necessary.