Power to make rules

Section 72 of the Goa Highways Act, 1974 deals with power to make rules. The Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.

(1) The Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following matters :- (a) the manner in which the notification may be published in the village and at the headquarters of the taluka, tahsil or mahal under sub-section (2) of section 7;

(b) the other places at which copies of the map may be open to inspection under section 8;

(c) the form of application and its contents under sub-section (2) of section 9;

(d) the other manner of publishing the notification under section 15;

(e) the conditions on which and the amount of rent or charge on payment of which encroachments may be made on a Highway;

(f) the manner in which a reference shall be made under section 35 or 44;

(g) fixation of the date on which the betterment charges shall be payable under section 47 and instalments together with the rate of interest and the period within which such instalments shall be paid under the proviso to the said section;

(h) the conditions on which any land may be relinquished or delivered in exchange in favour of the Government under section 48;

(i) conditions subject to which any highway or portion of it may be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regulated under section 50;

(j) conditions subject to which plying of vehicles may be prohibited under section 51;

(k) the prevention of danger arising from obstruction of view of persons using highway or from distraction of their attention and the prevention of annoyance, danger or injury to the public;

(1) the prevention of obstruction, encroachment and nuisances on or near and of damages to highways;

(m) the proper maintenance of boundary marks demarcating highway boundaries and building and control lines;

(n) the prescription of various forms of applications required to be made and the forms of notices and bills required to be served on persons, the charges to be made for the supply of copies of maps, and the rent or other charges to be imposed or levied under the provisions of this Act;

(o) the general guidance of the Highway Authority in the discharge of its functions under this Act;

(p) regulation or diversion of existing rights of access;

(q) any other matter which is to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu while it is in session for total period of thirty days, which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly agrees in making any modification in any such rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 72, The Goa Highways Act, 1974 (Act 10 of 1974).