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Section 46

The Tamil Nadu Highways Act, 2001State Act of Tamil Nadu · Act 34 of 2002

(1) No person shall willfully cause, or allow any vehicle or animal in his charge to cause, any damage to any highway.

(2) Where any damage has been caused to any highway in contravention of subsection (I), the Highways authority shall repair such damage and recover the expenses incurred in this regard from such person who caused such damage, as if it were an arrear of land revenue, without prejudice to any action that may be taken against such person for such contravention under section 50.

CHAPTER IX.

PENALTIES.

47. Any person who-

(a) willfully or without any reasonable excuse, disobeys any summons, requisition or other lawful order or direction issued under or in pursuance of this Act; or

(b) resists or obstructs any officer or authority in the exercise of any power conferred on, or in the discharge of any duty entrusted to, such officer or authority by or under any of the provisions of this Act; or

(c) being required by or under any of the provisions of this Act to make any return or to furnish any information,-

(i) makes a false return or furnishes false information; or

(ii) willfully withholds or fails to furnish information, shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

48, Whoever erects, alters or extends any building or makes any excavation or constructs any means of access to or from a highway or does any other work in contravention of the provisions of this Act shall, on conviction, be punishable with fine which may extend to five hundred rupees and with further fine which may extend to fifty rupees for each day after such conviction, during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition.

49. Whoever

(a) occupies or makes any encroachment on any highway in contravention of the provisions of section 26; or

(b) fails to comply with the notice served on him under clause (ii) of sub-section

(2) of section 28.

shall on conviction, be punishable.

(i) for the first offence with fine which may extend to two hundred rupees, and Prevention and rectification of damage to highway.

Disobedience of summons, requisition, etc.

Contravention of restrictions relating to access or erecting any building, etc.

Unauthorised occupation of highway.

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(ii) for any subsequent offence in relation to the same encroachment, with fine which may extend to five hundred rupees plus a further fine not exceeding fifty rupees per day on which such occupation of the highway or encroachment continues.

50. Whoever in contravention of the provisions of section 46 willfully causes or allows any vehicle or animal in his charge to cause any damage to any highway, shall, on conviction, be punishable with fine which may extend to one thousand rupees.

51. Whoever contravenes any of the provisions of this Act or of any rules or order made thereunder shall, if no other penalty is provided for such offence under this Act, on conviction, be punishable with fine which may extend to one hundred rupees or if having been previously convicted of such offence under this Act, with fine which may extend to two hundred rupees.

Where this provision sits

ActThe Tamil Nadu Highways Act, 2001
Section46
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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