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Control of National Highways (Land and Traffic) Act, 2002 Complete Act

Title: Control of National Highways (Land and Traffic) Act, 2002

State: Central

Year: 2002

.....- Temporary closure of traffic on Highway Section34 - Permanent closure of Highway Section35 - Power to restrict the use of vehicles Section36 - Prevention and repair of damage to Highway Section37 - Prohibition to leave vehicles or animals in dangerous position Chapter 6 Section38 - Construction on highway land Chapter 7 Section39 - Offence and penalty Chapter 8 Section40 - Right of appellant to take assistance of legal practitioner Section41 - Finality of orders Section42 - Duty of village officials Section43 - Conduct of inquiry Section44 - Presiding Officers and employees of Tribunals, etc., to be public servants Section45 - Protection of action taken in good faith Section46 - Offences by companies Section47 - Procedure for service of notices, etc. Section48 - Act to have overriding effect Section49 - Power to remove difficulties Section50 - Power to make rules

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Control of National Highways (Land and Traffic) Act, 2002 Chapter 5

Title: Regulation of Different Types of Traffic on National Highways

State: Central

Year: 2002

.....the provisions contained in section 27 as if such expenses and additional charges were the expenses and additional charges recoverable under that section. Section 37 - Prohibition to leave vehicles or animals in dangerous position (1) No person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a Highway unless the same is under such safety control as may be prescribed. (2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle or animal causing such obstruction shall be caused to be towed away by the Highway Administration to remove such obstruction on the Highway and the vehicle or animal so towed away shall be taken into possession by the Highway Administration and shall be handed over to the owner thereof in the manner, by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed. (3) In case where the expenses in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid in the manner prescribed under that sub-section, the Highway Administration shall sell such vehicle or animal by.....

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Control of National Highways (Land and Traffic) Act, 2002 Section 31

Title: Highway Administration to Regulate Traffic when Highway Deemed Unsafe

State: Central

Year: 2002

(1) Notwithstanding anything contained in this Act, the Highway Administration shall have the power to regulate and control the plying of vehicles on the Highway for the proper management thereof. (2) If at any time the Highway Administration is satisfied on the information received by it or otherwise that any Highway within its jurisdiction or any part thereof is or has become congested or unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, either close the Highway or such part thereof to all traffic or to any class of traffic, or regulate the number and speed of vehicles to be used on the Highway or such part thereof, as the case may be, in the manner as it may deem fit.

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Control of National Highways (Land and Traffic) Act, 2002 Preamble 1

Title: The Control of National Highways (Land and Traffic) Act, 2002

State: Central

Year: 2002

THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 [Act, No. 13 of 2003] [14th January, 2003] PREAMBLE An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

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Control of National Highways (Land and Traffic) Act, 2002 Section 33

Title: Temporary Closure of Traffic on Highway

State: Central

Year: 2002

Where, in exercise of the powers under section 31 or section 32, the Highway Administration considers it proper for the purposes of that section to temporarily close a Highway or part thereof or to restrict or regulate traffic on such Highway or part thereof, it may do so in the manner as it may deem fit.

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Control of National Highways (Land and Traffic) Act, 2002 Complete Act

State: Central

Year: 2002

.....Government or which do not already vest in the Central Government but have been acquired for the purpose of Highway shall, for the purposes of this Act, and other Central Acts, be deemed to be the property of the Central Government as owner thereof. (2) The Highway Administration shall cause to be maintained a record in the prescribed manner in which the particulars of the lands, relating to the Highway, of which the Central Government is the owner shall be entered and the entries of the particulars of such lands in any record maintained for such purpose before the commencement of this Act shall be deemed to be the entry of the particulars of such lands made in the first said record and accordingly the Central Government shall be deemed to be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this Act. (3) Any person claiming against the ownership of the Central Government referred to in subsection (2) shall make written complaint to the Highway Administration and prove his claim before it and the Highway Administration, after considering the evidence produced by such person, may correct such records or.....

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Control of National Highways (Land and Traffic) Act, 2002 Chapter 3

Title: Prevention of Unauthorised Occupation of Highway Land and their Removal

State: Central

Year: 2002

.....in sub-section (7). (9) The Highway Administration or an officer authorised by such Administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). Section 27 - Recovery of cost of removal of unauthorised occupation and fine imposed (1) Where a Highway Administration or the officer authorised by such Administration in this behalf has.....

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Control of National Highways (Land and Traffic) Act, 2002 Section 26

Title: Removal of Unauthorised Occupation

State: Central

Year: 2002

.....in clause (a) or clause (b) or have such unauthorised occupation removed in the manner specified in sub-section (7). (9) The Highway Administration or an officer authorised by such Administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

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Control of National Highways (Land and Traffic) Act, 2002 Section 24

Title: Prevention of Occupation of Highway Land

State: Central

Year: 2002

.....sub-section (2), shall produce the permit for inspection whenever called upon to do so by any officer of the Highway Administration and shall, on the expiry of the permission granted under such permit, restore the portion of the Highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the Highway Administration. (5) The Highway Administration or the officer issuing the permit under sub-section (2) shall maintain a complete record of all such permits issued, and shall also ensure in every case at the expiration of the period up to which the permission under a permit is granted under that sub-section that the possession of the portion of the Highway in respect of which such permission was granted has been delivered to the Highway Administration.

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Control of National Highways (Land and Traffic) Act, 2002 Chapter 4

Title: Control of Access to the National Highways

State: Central

Year: 2002

.....such Highway as specified in that notification. Section 29 - Procedure for permission to access to Highway (1) The general permission under sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose and specific permission under that sub-section shall be given in the manner specified hereinafter under this section. (2) Any person desirous of obtaining specific permission referred to in sub-section (1) may make an application in the prescribed form to the Highway Administration specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the Highway Administration shall, after considering the application either give the permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit. (3) In case, where the permission has been given in respect of the application made under sub-section (2), the person to whom such permission has been given shall obtain the licence from the Highway Administration in the prescribed form enumerating therein the terms and conditions, if any, subject to which.....

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