(1) If any person, who has been evicted from any unauthorised occupation on a highway land under this Act, again occupies any highway land without permission for such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five thousand rupees or other applicable rates per square meter of the so occupied highway land but which shall not exceed two times the cost of private land adjacent to the highway land, or with both.
(2) Any court, convicting a person or legal entity under sub-section (1), may make an order for evicting that person or legal entity from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him.
Unauthorised occupation of a highway.
Unauthorised access to highway.
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68. Whoever uses a highway or part thereof without payment of the fee due for such use shall be punishable with imprisonment which may extend to one month or with a fine of two thousand rupees or a fine equal to twice the fee payable for use of the highway by the offending vehicle for a distance of one hundred kilometres, whichever is higher, and such fine shall be imposed in addition to the fee due and payable under this Act and the rules made thereunder.
69. Subject to the provisions of Chapter VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), whoever engages in or abets driving on a highway,-
(a) at a speed exceeding the maximum permissible speed on a highway by more than ten kilometres per hour of such maximum permissible speed;
(b) in a state of intoxication or inebriation; or
(c) a goods vehicle which exceeds its maximum permissible load by more than ten per cent thereof, shall be deemed to cause danger to the life and property of users of the highway and shall be punishable with imprisonment for a term that may extend to six months, or a fine which may extend to twenty thousand rupees, or with both.
70. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any highway impassable or less safe for travelling or conveying property, or wilfully causes damage to a highway, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both.
Use of highway without payment of fee.
Unsafe driving.
Punishment for causing damage to highway.
59 of 1988.
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71. Whoever maliciously or wilfully damages, defaces, alters, modifies or removes any road sign, signal, indicator, or apparatus on the highway shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifty thousand rupees, or with both; and if it is proved that any means exist for causing such damage, defacing, alteration, modification or removal, it shall be presumed, until the contrary is proved, that such damage, defacing, alteration, modification or removal, as the case may be, has been maliciously or wilfully caused by such person.