Rule, 2019

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 16th September, 2019

G.S.R. 658(E).—Whereas the draft rules further to amend the Highways Administration Rules, 2004 were published as required by sub-section (1) of section 50 of the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), vide notification of the Government of India in the Ministry of Road Transport and Highways number

G.S.R. 281(E), dated the 3 rd April, 2019 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which copies of the Gazette containing said notification were made available to public;

Whereas, copies of the said Gazette notification were made available to the public on the 3rd April, 2019;

And, whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with clauses (a), (d), (g), (h), (i) and (m) to (w) of sub-section (2) of section 50 of the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), and section 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby makes the following rules further to amend the Highways Administration Rules, 2004, namely:-

1. Short title, and commencement. - (1) These rules may be called the Highway Administration (Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Highway Administration Rules, 2004, (herein after referred to as principal rules), for rule 3, the following rule shall be substituted, namely:- “3. Powers and functions by Highway Administrations.- (1) Subject to the provisions of the Act and the conditions or limitations imposed by the Central Government under the proviso to sub- section (1) of section 3 of the Act, to the Highway Administration, it shall:

(a) lay down policies and implementation framework for the Highway Administration consistent with the provisions of the Act;

(b) issue general orders for regulation of different types of traffic on National Highways under Chapter V of the Act;

(c) decide on the allocation of functions and responsibilities among different Highway Administration at different levels;

(d) issue executive orders/ Standard Operating Procedures (SOPs) in respect of delivery of various services and enforcement of provisions of the Act and the rules and regulations from time to time;

(e) undertake periodical review and monitor the functioning of Highway Administration at different levels;

(f) any other functions and responsibilities assigned under the Act and the rules thereunder.

(2) Subject to the provisions under sub-section (2) of section 3 of the Act, the Highway Administration, shall:

a) be subject to the overall superintendence and control of the Highway Administration established under sub-section (1) of section 3 of the Act.

b) undertake periodic review of the functioning of the Highway Administration at different levels in respect of delivery of services and ensure enforcement of all the Standard Operating Procedures and executive instructions issued by the Highway Administration.

c) issue executive orders/ Standard Operating Procedures (SOPs) in respect of delivery of various services and enforcement of provisions of the Act and the rules and regulations from time to time;

d) issue specific orders for regulation of different classes of traffic on National Highways under Chapter V of the Act;

e) any other functions and responsibilities assigned under the Act and the rules thereunder.”

3. In the principal rules for rule 10, the following rule shall be substituted, namely: - “10. Rent or other charges for granting lease or licence.- (1) The lease or licence of Highway land shall be granted on payment of rent to the Highway Administration by the person to whom the lease or licence, as the case may be, is given at the rates specified by the Central Government from time to time.

(2) Where the lease of highway land is renewed, each renewal of the lease shall be made on payment of rent at the rates specified by the Central Government from time to time.”

4. In the principal rules for rule 23, the following rule shall be substituted, namely: - “23. Fees and other charges under sub-section (3) of section 38 of the Act.– (1) The Highway Administration shall impose fee on the persons to whom the permission is given under sub- section (3) of section 38 of the Act at the rate specified by the Central Government from time to time.

(2) Where the permission given under sub-section (3) of section 38 of the Act is renewed, each such renewal shall be made on payment of fee at the rate specified by the Central Government from time to time.” AMIT KUMAR GHOSH, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) vide number

G.S.R. 700(E), dated the 20 th October, 2004, subsequently amended vide

S.O. 2171(E), dated the 24th December, 2007, and vide

G.S.R. 634(E), dated the 28th June, 2016. and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Control of National Highways (Land and Traffic) Act, 2002