86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
NATIONAL HIGHWAYS ACT, 1956
48 of 1956
11th September, 1956
"Under an agreement entered into with the then existing Provinces, the Government of India provisionally accepted entire financial liability, with effect from the 1st April, 1947, for the construction, development and maintenance of certain highways in the Provinces which were considered suitable for inclusion in a system of national highways. Upon the creation of the Part B States and the new Part C States under the Constitution, the national highways scheme was extended to those States also. 2, Under entry 23 of the Union List, Parliament has exclusive power of legislation with respect to highways which are declared to be national highways by or under law made by Parliament. It is, therefore, proposed that the highways comprised in the Schedule annexed to this Bill should be declared to be national highways. Such a declaration would help the Central Government in exercising its powers with respect to the development and maintenance of these highways more effectively. Power is also sought to be vested in the Central Government to declare by notification other highways to be national highways. Power should also be given to the Central Government to enter into agreements with the State Governments or municipal authorities with respect to the development or maintenance of any portion of any national highway and fees may have to be levied in respect of certain types of services rendered on national highways. 3. The present Bill is designed to achieve the objects set forth above." - Gaz. of Ind., 7-8-1956, Extra., Pt. II, S. 2, p. 661. Act 30 of 1977.-
S.7of the National Highways Act, 1956. empowers the Central Government to levy fees for the services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on national highways. This section does not enable the levying of such fees on permanent bridges. With a view to facilitating the raising of additional resources for the development of national highways, it is proposed to amend the saidS.7so as to enable such fees being levied on permanent bridges costing more than rupees 25 lakhs and opened to traffic on or after Ist April, 1976. It is also proposed to include on enabling provision to exempt any bridge from the payment of fees if it is considered necessary in the public interest. 2. Opportunity is also being availed of to make some consequential amendments in the Act. 3. The Bill seeks to achieve the above.-Gaz. Of ind., 10-6-1977, Pt. II, S. 2,Ext. P. 291. Act 1 of 1993.-S.7of the National Highways Act, 1956 provides for the levy of fees by the Central Government for services or benefits rendered in relation to the use of ferries, bridges and tunnels on national highways. The need to augment resources for the development of national highways has been felt since long. Certain sections of the national highways are, therefore, intended to be selected for the purpose of levying fees for the use of such sections, 2. It is therefore, proposed to empower the Central Government to levy fees for services or benefits rendered in relation to the use of any section of a national highway. Consequently, the aforesaid Act is sought to be amended. 3. The Bill seeks to achieve the aforesaid objects. -Gaz. of India, 27-2-1992, Pt. II - S. 2, Ext., P. I (No. 3) Act 26 of 1995.- Proper development of road infrastructure is essential for economic development of the country. However, due to constrain of resources, it has not been possible to allocate sufficient funds for the development of road sector in the country. Therefore, a need has been felt to tap private entrepreneurship and private resources in the development of road sector. With this in view, the Government has taken a number of measurers like the declaration of road sector as an industry and infrastructure facility and certain other concessions, A number of private investors including foreign investors have shown interest in the proposal to open the road sector for private investment. However, in the absence of an enabling provision in the National Highways Act, 1956, it is not possible to enter into agreements with private investors for the development of roads. 2. It is, therefore, proposed to enable the Central Government :- (i) to enter into agreement with any person in relation to the development and maintenance of the whole or part of a national highways; (ii) to levy fees and authorise the person who has undertaken to develop the whole or any part of a national highways to collect such fee; (iii) to empower such person to regulate traffic on such national highway. 3. It is also proposed to provide for punishment for mischief by injury to such national highways. 4. The Bill seeks to achieve the aforesaid objects. - Gaz. of Ind" 25-4-1995, Pt. II. S. 2. Ext.. P.3 (No. 10).
An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. Be it enacted by Parliament in the Seventh Year of the Republic of India as follows : The Act has now been extended to :- (1) Goa, Daman and Diu, by Regn. 12 of 1962 (1-2-1965); (2) Dadra and Nagar Haveli by Regn. 6 of 1963; (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963). (4) Sikkim-See S.O. 208 (E) of 1975.
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the National Highways Act, 1956.
(2) It extends to the whole of India.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DECLARATION OF CERTAIN HIGHWAYS TO BE NATIONAL HIGHWAYS
(1) Each of the highways specified in the Schedule4[***]is hereby declared to be a national highway.
(2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the Schedule.
(3) The Central Government may, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway.
SECTION 03: DEFINITIONS
5-In this Act, unless the context otherwise requires,-
(a) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;
(b) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.
SECTION 03A: POWER TO ACQUIRE LAND, ETC
(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.
SECTION 03B: POWER TO ENTER FOR SURVEY, ETC
-On the issue of a notification under sub- section (1) of Section 3-A, it shall be lawful for any person, authorised by the Central Government in this behalf, to-
(a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work;
(e) mark such levels, boundaries and lines by placing marks and cutting trenches; or
(f) do such other acts or things as may be laid down by rules made in this behalf by that Government.
SECTION 03C: HEARING OF OBJECTIONS
(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of Section 3-A, object to the use of the land for the purpose or purposes mentioned in that sub-section.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation.-For the purposes of this sub-section, "legal practitioner" has the
same meaning as in clause (i) of sub-section (1) of Section 2 of the Advocates Act, 1961 (25 of 1961).
(3) Any order made by the competent authority under sub-section (2) shall be final.
SECTION 03D: DECLARATION OF ACQUISITION
(1) Where no objection under sub-section (1) of Section 3-C has been made to the competent authority within the period^ specified therein or where the competent authority has disallowed the objection" under subsection (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub- section (1) of Section 3-A.
(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encrumbrances.
(3) Where in respect of any land, a notification has been published under subsection (1) of Section 3-A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect :
Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of Section 3-A is stayed by an order of a court shall be excluded.
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.
SECTION 03E: POWER TO TAKE POSSESSION
(1) Where any land has vested in the Central Government under subsection (2) of Section 3-D, and the amount determined by the competent authority under Section 3-G with respect to such land has been deposited under sub-section (1) of Section 3-H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
(2) If any person refuses or fails to comply with any direction made under sub- section (1), the competent authority shall apply-
(a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;
(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District; and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.
SECTION 03F: RIGHT TO ENTER INTO THE LAND WHERE LAND HAS VESTED IN THE CENTRAL GOVERNMENT
-Where the land has vested in the Central Government under Section 3-D, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith.
SECTION 03G: DETERMINATION OF AMOUNT PAYABLE AS COMPENSATION
(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent of the amount determined under subsection (1), for that land.
(3) Before proceeding to determine the amount under sub-section (1) or sub- section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of Section 3-C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.
(5) If the amount determined by the competent authority under subsection (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.
(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration-
(a) the market value of the land on the date of publication of the notification under Section 3-A;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
SECTION 03H: DEPOSIT AND PAYMENT OF AMOUNT
(1) The amount determined under Section 3-G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.
(2) As soon as may be after the amount has been deposited under subsection (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.
(5) Where the amount determined under Section 3-G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 3-D till the date of the actual deposit thereof.
(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.
SECTION 03I: COMPETENT AUTHORITY TO HAVE CERTAIN POWERS OF CIVIL COURT
-The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), 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 any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses.
SECTION 03J: LAND ACQUISITION ACT I OF 1894 NOT TO APPLY
-Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.
SECTION 04: NATIONAL HIGHWAYS TO VEST IN THE UNION
All national highways shall vest in the Union, and for the purposes of this Act "highways" include-
(i) all lands appurtenant thereto, whether demarcated or not;
(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; and
(iii) all fences, trees, posts and boundary, furlong and mile stones of such highways or any land appurtenant to such highways.
SECTION 05: RESPONSIBILITY FOR DEVELOPMENT AND MAINTENANCE OF NATIONAL HIGHWAYS
It shall be the responsibility of the Central Government to develop and maintain in proper repair all national highways; but the Central Government may, by notification in the Official Gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the Government of the State within which the national highway is situated or by any officer or authority subordinate. to the Central Government or to the State Government.
SECTION 06: POWER TO ISSUE DIRECTIONS
The Central Government may give directions to the Government of any State as to the carrying out in the State of any of the provisions of this Act or of any rule, notification or order made thereunder.
SECTION 07: FEES FOR SERVICES OR BENEFITS RENDERED ON NATIONAL HIGHWAYS
3[Provided that if the Central Government is of opinion that it is necessary in the public interest so to do, it may, by like notification, specify any bridge in relation to the use of which fees shall not be leviable under this sub-section.]
(2) Such fees when so levied shall be collected in accordance with the rules made under this Act.
(3) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the Schedule shall continue to be leviable under this Act unless and until it is altered in exercise of the power conferred by sub-section (1).
SECTION 08: AGREEMENTS WITH STATE GOVERNMENTS OR MUNICIPALITIES
SECTION 08A: POWER OF CENTRAL GOVERNMENT TO ENTER INTO AGREEMENTS FOR DEVELOPMENT AND MAINTENANCE OF NATIONAL HIGHWAYS
6[(1) Notwithstanding anything contained in this Act, the Central Government may enter into an agreement with any person in relation to the development maintenance of the whole or any part of a national highway.
(2) Notwithstanding anything contained inS.7-the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the Central Government may, by notification in the Official Gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement.
(3) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988-on the national highway forming subject matter of such agreement for proper management thereof.
SECTION 08B: PUNISHMENT FOR MISCHIEF BY INJURY TO NATIONAL HIGHWAY
Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) ofS.8A-impassable or less safe travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine or with both.]
SECTION 09: POWER TO MAKE RULES
(l) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government or the State Government;
10(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 3-H;
8[b] the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway8[and the use of sections
86540
103860
630
114
59824