Rule, 2007

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Jlrarkhand, Ranchi.

File No. P'WDA/tis ce.:6AA&004-I798(S)-- The Jharkhaad Highways Rules ,2A07 in exercise of he Powers sonferr,ed under seotion 7l ofhe Powers sonferr,ed under ssstion 71 sf the Jharkhand lf 2006), the Gsvenror of Jharl,hand is pleased to make the Act, 2005 (Jharkhand Act, 7 the Jharkhand Highways Act, 2005{Jharkhand Act. 7 of 2006}, the Governor of Jharkhand is pleased to make the following rules:-

1. Title. -These rules may be called the Jharthand Highways Rules, 20A7.

2, Definitions. - ln these rules, unless the context otherwise requires,.

(a) "Act" means the Jharkhand Highways Act, 2005;

(h) ! Executive Engineef means an olfiqer of the Hoad Construction Department Government of Jharkhand (in charge of a division) having that designaiion and being in ,charge of particular: roadi bridge, tunnel or eauseway i ocated on the Highway and who is appointed by the State Government under Section 6 of-the Jharkhand Highqys Act; 2005 to work under Highway Autfrority.

(c) "Fa*ni',m*ans a form,appended to these rules;

(d) "itlotor vehicle" has the same meaning as per the Motor Vehicles Act in force.

(e) "Su'*/ledule'mean$ the schedule to these rules; and grr€rr6 rtlm (wrurcur), ffi to at*a, 4007 21 3" Iltanner of publicafion oi the notification undar $ection 7(?:t" * ln addition to publication of the notification in the official Gazette under'sub'$ectton {?} of Section 7; the notification shall be'mused to'be ptrblished in the $ram panehayat , in the cird€ office ,sub division office & office.of the deputy cornrnissionef conseryred in which the highway is

4. Places where copies of map !o be kept under section 8.- The Highway Authori$ shall ensure to keep for inspection a copy of the rnap r.efened to in $ection I at the follovving places besides its own officet ti) the cirete offt'ce ,sub division otfice & office *f the deBu$ commissioner concerned in wtrich the lands between the highway boundaries and the control lines marl*ed on the map are situated, (iil office of each,of:the division$ of the Road Consf;uctiort Department in charge of the highway marked on the map.

5" Form of applic*tion for perrnirsion under SecUon 9.- An appllcation for permission falling under clause {a} or clause (b} of sub.section (t} of $ection I strall be made in forrn' Al and for permissioh fulling under clause (c) of that,subsectisn shall b'e made in

6. Manner of pubtication of the Notification under Section 21 to occupy Highway l,and r re official Gazetteln addition io publication of 'a notification in tl under sub.eeetion 2 of Section 15, such notification shall be csused to be publishs&

(i) in the office of the Highway Authority;

in the gram penchayalrDf tlte Village;

the ,circle office ,sub division offire & office of lhe deputy comrnissioner in which ttre land in question fles'

7. Forrn of apptication for permiasion under $eetion 21 to An application for permission to occltpy highway land within the highway boundaries under sub-section (1) of Section 21 shall be made to the Highway AuthoritY in Form rtCl. :' B, Gonditions on which permission to be granted under Section 21 to occupy HighwaY land. - Permission to occupy or encroach on any Highway within the highway boundanes shall be granted subject to the following conditions:- (iii tiir ) (i) {ii} Th€ structure to be ereeted or w€rk to be canied out shall be so executed as not lo interfere with traffic on lhe highway or the highway drainage;

The structur:e ohall be'Ereet€d in csn{ormity with the'plan approved 'by the. Highway Authority and shall not be altered or extended without the prior written permission sf'the Highway Authority. lt shall not be rrsed f*r any purpose other than the one for which permission is granted; 4 The structure shall be constructed and malntained to the satisfactlon of 'the Hig hway Authority:

No trees on the Highway land shall lre removed, cut or damaged or hi$hway accessorie$ or materials removed '.or,damaged wlthqut tlre prio,r wfitten perrnisslon of the Highway Authority and payment of compensation (tii) {iv} sustained by any person as a result of any carelessness, negligence or miscortduct of any of his employees in the :Ereetiofr,, se,tting up, repair or use pf' ffi,"$ffrtcture oR or (Vj) The. appllcar:lt sha!! ,pay ,rent f6r the occupation of or encroachment on a highway within the highway boundaries at the rates.fixed under Ru[e 9;

{viii} The appliceni shatl :be liable to Bay all'taxe$, rates or assessrnents payable to Gqvernment sr any local authority in respect'of the highway land occupied or structure constructed or projected thereon;

The applicant shatl deposit by way of security with the Highway Authority such amount as may be fixed by the Highway Authority which wrll be liable to forfeiture in case of defautt in the payment of rent and other charges payable to Government or contravention of any of the conditions aubject to which the permission is granted;

On the expiry of tha perio-d for which the permission is rgranted, the land shalt be vacated and restored to its original condition and handed over to the Highway The permission granted shall not be transferred to any other persorli wlthout the prror written perrnission of the Highway Authority.

(ix) {x}

9. Rent to be charged for occupation of Highway Land - The Highway Authority sh.all charge rent for occupation of or ertcroachmept on a highway within the highway boundaries permitted under Section 21 atthe rates prescribed in the Schedule, {vii} a i; .-.,..

I

10. Manner of reference under Section 35 by the Highway Authority or the authCIri$ed officer.,- (1Xi) An application under Section 35 for reference to the court against the award rnade under Section 28 shall be in Form 'D',

(ii) the Highway Authonty or the officer authorised under

Section 2B shall make reference under Section 35, by a statement in writing, giving the following particulars namely:-

(a) full particulars of the property or right or interest therein and the nature of damage. if any, thereto in respect of which ComBensatlon is awarded;

(b} the names of the persons Whom he has reason to,.ttrink interested in such compensation;

(h) H copy of the applidation requiring the referenee to be made under Section 35; and

(c) a schedule giving particulars of the notices served upon and of the statements in writing made or delivered by the parties interested.

tl. FOfm Of e pplication uryder ,Section 4{ r refeiencs against order fixing batterment charges"- An application under sub-section (2) of Section 44 foe a reference a.

against..an order f,Xin$ ttle hgttsfment,charges'under Seetiox42 shall be

12. Manner of reference under Section +4 by the officer t" under Saction 44 by a :staternent in rwriting giving tf,e +ollowi.rg, partiaulars, namefy;-

(a) the tocation and extent of the land with particulars of buitdings, if any, thereon; and

(b) the names of the persons whorn he has reason to think are.inteiested'in sueh, land and buitdihgLs;

(2) The statement under sub+ule (1) shall be accompanied by,- { a},a cony of the' ord e r fixing .ffu e :[g{ls nnent charges,

(b) a copy of the application requiring the reference to be {s} a,echedule giving tho' particular$,of the notices $erved upon and of the statement in writing made or delivered by. the parties inter*sted;

(d) a copy of the plans showing the nature and location of the highway work concerned in relation to the lands assessed to betterment levy, 13' Dato on which betterment charges shatl be payable: under The.benarment charges Ehall b'e payable, within ninety days from the date of the communication of the order made und6r Section 42 or the date of the decision of the Court under Section 44, as the case may be.

74. Payment of betternnent charges hy installrnEnts under proviso to section 47- "

(1) lf the owner of any land desires to pay the amount of befterment charges by annuat'installments,as prooided in Section 47, he tn writing within one'month torthe Ofticer making, the order'under Section 42 from the dat* of the cornmunication of the order made under section 42 0r fram lhe date of Ihe decision of the court under Section 44, as the case may be' The ownarshall state in the application the number of installments in which he desires to pay the charges. Such number shall not exceed len' (Zt lnterest at the rate of I per cent per annum shall be' pharged on the:amount o.f bettermeflt charges permi$ed.to be paid in installrnents-

(3) The instalments shatl be so fixed as to secure the full payment of the whole amount of betterment charges together with interest.thereon rspplicati6n bqljn fio Qase-$hall such period exceed ten year:s from the date:,oR which such charges becon"te leviable' .(41 On receipt of an apgtication under sub:rule ()), tfre officer autheri*ed shall ftx the amount of each annual installment including the interest charges to Aer pald by the ownor, lhe number of such irrstallments,and,,the.date on whieh each installmen:t,s-hall'b* paid bv the olvner;

(5) The owner of the land shall thereon execute an agreement as required by the proviso to'$ection 47, Sueh agreement shatl be in Form rF"

15. Relinquishment or exchange ol larrd under saction 48. -

(1) lf the owner of land desires to relinquish the whole or any part ' of the land or to deliver it in exchange in favour of the $tate Government under Section 48, he shall rnake an application to that etfect in writing to the, authoriged. officef within' one m0nth fron"l ith6 date on which betterment charges become leviable in respect of such land.

(2) The owner of the land shall state in the application -

(a) full particulars of the land and the amount of betterment charges fixed thereon;

,-t l d

(h) the:area,of the land proposed {o b'e relinquished or given in exChange :srrd :ther vafuq thefesf according te the owner, {e) particulars of the encumbrance$. if any,, on lhe land; He shall attach a sketch showing the exact location of the Iand proposed to be relinquished or given in exchange- t3) ThE authorised sfficer on receipt of the applicafion shal* ,as$es$ the value of the land proposed to be relinquished or I exchanged End shalt fqnrvard the application, alang with his reggmmeildati"ons to the $tate Government, whieh may pass such orders thereon as it may deem fit under Section 48.

16, Prohibition or rcgutation of traffic when highway considered unsafe under Section 50 - Whenever lhe Highway Authority closes a highway or portion ther:eof pr regulates the nqmber or speed or qeight of vehictes using the highway under Section 50, it shall- ti) publish a notification in the official Gazette and also in at least one newspaper circulating in the locality. giving particulars of the restrictions imposed; and put up notice boards at suitable places along the highway giving particulars of the restrictions imposed;

in case of closure of the highway or portion thereof to all sr any class of traffic, put up barriers, as rnay be necessary, at suitable places with arrangements for display of red light at night.

tiil ,(iii)

17. Prohibitlon or restriction of the use of heavy vehiclee undsr

Section 51,- ia ; fii it i? i* {r i:.

ri.

particul a rsr of the restrietions :impose d ; and Plt UF notice poards at *uitable places along 'the [SCHEDULE I rOl for which I InATFanfi q 16 ;ilarsil*"* ociaupied An annual surn not exceeding'1, Tempdrary occupation in front of a building owned by the applicant or for a ternporary structure overhangin! a highway..

percent of the market value of tl"e land oeeupied in municipal area artd 2la per cent of the:rnarket valua of the la'nd occup'ied in other areas 0r helow the temporary structure subiect to a areas and Rs. 200/- in other areas.

temporary awnings, or other Making 'ary exca\rations for carlylng oul any repair.$ 0r I lrnprovernents of adjoining buildings highway land

FORM 'A'

n/4r r^- Form of applicatlon tor permtssion under Section 9(2) for purposes specified in Seetlon 9fl )ia) and (b.) of the Jharkhand Highways Act 2005 Age Address lnferesf ol thg aPpIbanf in lhe propefty to which the aPPlication rel7lte:s {A'cartifiad iopy tum ffie Record of Righfs should be Puipose fon which Permission is ive fr.rlldetails Particulars of on1 out-work is,to be ca {a} Survey No.

whici the prop?rty with mile number number of K,M" described.

Whether permission of thePePutY Commissioner or the Local reasons why such permission not obtained. lf obtained attach the rried is situ.ated, and furlong Authority concerned i$ obtained for the wor'k- lf not, state thB application rnade to the HighwaY **r il t:

tl If so, state the date of such application Nurnber and date of the communication, if any, from the Highway Authority in respect of such application The above lrarticulars 3nd inforrratial are'tl"u€ ofid correct to the bestof my knowl€dge and betief.

Bate. .*. -i,.i.. -.

$ignature of Applicant.

A rough sketch showing all the particulars against items 6 and 7 of the form and the distance between the site of the work and the highway boundary should Applications pertaining to construction, reconstruction, extension of or material alterations to buildings should be accompanied by a 'detailed plan of. the structure existing old or proposed as the case may be and the proposed additions and alterations, if any, duly certified by an Architect.

Hr,ffi€ rliile specified in Section 9(1)(c) of the Jharkhand Highways Act, 2005. ieant (in futl) Whether owner or building to which relates. lf the permission of the tenant of the the applicanl latter whether owner for the Purposel$ for building i* used at for which the iryhsthedfre ffdpol'eii-irianse 0f use sf the building involves any additions or alterations tq the structure. lf'eo, grve panrculars accommodate these.

Particulars of Land on which the Whether the pfesent / proposeO use pf the building attracts / will attract a large number of vehicles or crowd of people,in front of the building. lf ro, give a rough estimate and state what arrange{nents, exisUare proposed, to I l I 1,-'J br-rilding is eituated:-

(a) Survey No.

(b) Khata No.

idlTotal area of the plot in possession of the applicant

(e) Area of the built up property in possession of the application

(f) Area of built up properg after I additions and alterations, if any, best of,nry knowledg,e and belief.

,j Plaag,. ..,,,.*; ;;.,.- *rfmq'to odm, zooz are true and correct Signature of Applicant, f ': tstndi E, J.

E o.

Foryn of application{or. grant of,permlssisn. under, Sectio* ?1 of.tha Jhafkhand Highways Act, 2005, for te pnrary occupation $r Eneroach mernt o* h ighwayl {with !n hig hway'b-ou nda riesi' Name oithe applicant tin full) Purpose for which perrnission is:r*quired Name of the highway and exact location of the highway land to be occupied (mention mile No.

a nd furl ong: fi urn hef or.'iK. M, 6hd,, pttach a :sketah ) Area:of hlghway lands to be oceupied lf strusture of'any sort on or'overhanging hi$hwqy land, i$, to, be ergct.edi givaparticul ars tlrereo{ and: attach a-suitable skeich Period for and the date kom which permission is raquired Whether similar application made previously: lf es;,the ddte, of suoh,.apPliiation.

Whemerp-eimissiBn was granted or iefused I arn prepared rio pay necessary r€nt f€r the ocaupation of tte highway *and- l,am also willing,to abide by allttre cbRditions that may be stipulat+d by yor"l and ts make necsssary secur,ity deposit 'for their proper observance.

Date Signature or Thumb imPression of ,n I-s srr.

Yorrr abovc rci'enc(l upplicariorr for tcrnporar.,- occupalion of highual' lnrtcl in Km..-,.. of ...-'".- -.."..'. road and in Survcy .lf{,.,r.*,---,,,,..,. of' .-i.;..,!...r-,.....- V-illagel Tbivn-hLc been. exarnined with due regard lo $c sutery. conuenience of lratJic atrd uthcr fhcton.

' Pemrission is grantrtl for tcrnporary occupslion ol'highr*ar land relerrcd alxrve sulrjr-r*t to

(a) A rentofRupccs....-.,- ' shall be paid in adranct' by rrqSr 6f a demund drali'dnqn in frv+ur of thc Executivc linginr:m' Road Division.....,.. .. payable 41...,..,.., (.,J 'IJle sltUclur$ to tx ereetcd or: work: to,be c*rie*l:ouf shall he so exeeuled fis tro{ [t] td1, Tlie sruc.tutf shalf'br tdcied in colrfom,ily,wit.}r the Flan appmved by thr Highwry Authority and shall nor be altercd or extended without the prior wrinen permixion.o.l' .duthori[.

(f) *o "s:s on tho highrual- lund shall be removed. cut or damaged or higlhwa)' ileretssrif* $r rnateriiilr rcmoverl, or rlaxngedrl{ithsut the prierr r.vriuen'pernrissit"n of pernussl;ln.ftoidil. *rany of his.ernplpyeer,in the erectitrl, slting up" reprir ar uss sf lhe stTtreJryre: orr .or over hangillg thc trighxay tand;

rvith rhd t{ighway Authsrity as le*uiity. lllris.s*curily,is liable fur.frrrfuiture in case nf drfarrh in thg peyrnem of rent anrl nrher charges payablC, to OovernmEl'lt crr conlrflvqnliorl olany of the conditionsrs{rbjrct'tuo r*hich the.permissl.on is gretrled; 'sfrutt not. be- lransl'encd ro any othr:r pe*ort without rhr prior (kl Tttcpcnnission shall btvalid up t!-.- ... '...'..

t;:

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i,T .,r.., l:, :, .:l Form of apptication tinder $ectlon,35 of 'the Jharkh**d Highways AC{,, 3005 f,or.,refefgfiee to,,Arbfiretol*.against'award made under Section it) Name'of the applicant(in ful}} (21 Occupation,

(3) Ase

(4) Address

(5) Number and date of award un'der Section 28 of the Act (5-A) Date on which the award was cornmunicated to the applicant t6) lParticuls,rs Ef land to,Whibh the reference relates Srr'vey No, District I.i.

('f) :Grounds on wlrieh spBlicatlisn i$ made fcr reference to the Arbitrator, so appointed under sub-section I of section 198 of Jharkhand Highways Act 2005.

Dater Signature of the Applicant or his duly authorised Agent.

khata Ho, P:S l t.

4r S-A, Oate on'which.the,order Wss Khesre No Circle

FORM E'

r under Section 44 reference to Cor-lrt, against order made under Section 42, of the Act ..,..,,, Fhata No.

pfi wkrlcti:, oFjeqflsn, is takn tor: ihg: fixation of p"dtleinten t P.S fsee Ru/e 141 greement to be .Y.,1 rnto-under the proviso to This agreernent made at ..... ,. .. the. ..day ",of two referred tro as the Governmenf') of the one part and.. .,......inhabitant oi .,.,,..,,,.- {htereipafter refeired to as 'the owner" which expression shatl unless excluded by or repugnant to the context include his heirs, executors and' administrators) of the other part.

Whereas tlre o*,ner,is posse$sed of and' ffihenvise suffieieRtly :B.rtifed.'free fr,om €neumbfances to &e piece sf land situated at rnore parrti*ularly described in the........." schedule hereto, qppended And whereas it has been held by the order. . .. of the ,.

the decision......,.... Authorised Officer, .. made under Section the Jharkhand Highways Act, 2005, that betterment charges amounting to Rs"", .... ;;," are leviable.onthe,said land.

,And'whBr,eEs the otrtner. desires to pay the ,satd, arncu-nt ot beiter,mertt,'sharges by annual installnnents in' the mannef previded under the Jhaikha-nd Highvray* Rulss, 2007, ,and has for the purpose agreed to enter rnto an agreement with the Governnrent as requlred by the proviso to Section 47 of the said Act.

Now tris agreement witnessetn as foffowi:- (tl The owner Shall pay to lhe Gavernment the said betterment charges of Rupees with interest thereon at the rate of Nine per cent per annurn within a period of ...years from this daie by.,. ,., ,,... equal yearly installments of Rs.. each for principal, the first of such installments to be paid on the day of ,.......-.. fwo thousand ...and the.. ..,.....subsequent installrnents to be paid on the d4y,.., .,,.....of, ,,. *.,.,...,,,€ot*,r Eubsequenti fear and' that the owner shall in the ,meantime and so long as ary part of the principa! ,purn of Rs...--......shall remain owing, pay interest to the Government at the rate of Nine per cent per annurn on all moneys whatsoever for the time being due and owing under these presents by yearly payments the first of which payments shall be made on the day of ....i..-..400 and subsequent yearly payments shall be made on the day of ... each subsequent year until the whole sum of Rupees. ... is paid off: Provided always that if any such interest shall remain unpaid for one rnonth a*er the date on which tha same ought to be paid,then, *nd in every such case, the interest so in arrears shall at the expiry of such month be capitalised and be added to the principal sum hereby secured and for the time being owing hereunder and shall thenceforth bear inlerest payable at the rate on the days aforesaid and altthe rules of law and equity in relation to interest shall equally apply to interest on such arrears:

Providecj further that the last preceding proviso shall not permit the owner to allow any interest to fall into arrears.

(2) All sums due and payable by the owner under these presents shall subject to the prior payment of land revenue, be a first charge on ' a: ''... .l ffihich such betterment charges are leviable provided in section 46 of the Jharkhand Highways Act, 2005.

(3) The owner shall bear the stamp duty payable in respect of this agreement.

ln witness whereof the....... ...of. .. has for and under the directions of the Governor of Jhar:khand set his hand and seal and.., the above named owner has set his hand hereto the day and year first above written. ' Signed, and delivered bY:

Sri ...

of ....

in the presence of.- Signed and delivered bY:

Sri....

in the presence of- 1: :{:i ti