{ "id": 14021, "slug": "the-assam-highway-act-1989", "title": "The Assam Highway Act, 1989", "short_title": "The Assam Highway Act, 1989", "act_number": "Assam Act No. 18 of 1995", "act_year": 1989, "act_type": "STATE", "location": "Assam", "law_status": "unknown", "enactment_date": null, "description": "The Assam Highway Act, 1989", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definition.", "chapter": null, "content": "(1) \"animal\" means any elephant, camel, horse ass, mule, cattle or goat;\n(2) \"betterment\" when applied to land means the increase in the value of any land arising from the execution in its vicinity of a highway development scheme at public expense ;\n(3) \"betterment tax\" means a tax levied on owners of land on the basis of percentage of the betterment value of the land ;\n(4) \"building line\" means a line on either side of any highway or part of a highway, as determined by the highway authority under Section 12 of this Act;\n(5) \"competent authority\" means the State Government or a local authority or any officer of the State Government or local authority competent to sanction the construction of or repair to, a highway ;\n(6) \"control line\" means a line on either side of a highway or part of a highway beyond the building line, as determined by the highway authority under Section 12 of this Act;\n(7) \"driver\" means in the case of a vehicle the person in charge or control of the vehicle for the time being, and in the case of an animal, any person driving, loading riding, or otherwise managing or controlling the animal and the words drive, driving, driven shall be construed accordingly ;\n(8) \"encroachment\" means occupation of any highway or part thereof, and incudes;\n(a) the erection of a building or any other structure, balconies, porches, chajjas or projections on over or overhanging the highway land ;\n(b) occupation of highway land beyond the prescribed period, if any, for stacking building materials or goods of any other description for exhibiting articles for sale, for erecting poles, awnings tents, pandals and other similar erection or for parking vehicles or stabling domestic animals or for any other purposes, and\n(c) excavations or embankment of any sort made or extended on any highway land ;\n(9) \"highway\" means any public thoroughfar, whether a road, street, lane, bridlepath or a foot-track, whether surfaced of unsurfaced, whether on land owned by the State Government or a local authority or on land belonging to a private person over which the public have or have acquired, a right of way by usage, and includes :\n(a) the slope, berm, borrow-pits, foot-paths, pavements and side drains of any such thoroughfare ;\n(b) all bridges culverts, causeway, carriageways or other road structures, built on or across such thoroughfares; and\n(c) the trees, fences, posts and other highway accessories and materials and materials stacks on the thoroughfare or on land attached to the thoroughfare but does not does not include the national highway's as defined under the National Highways Act, 1956;\n(10) \"highway authority\" means :\n(a) for highways maintained by the State Government, the Department of the State Government responsible for their maintenance or any other authority specially appointed by the State Government in this behalf;\n(b) for highways maintained by a local authority, the local authority or such other authority as may be appointed by the State Government in this behalf; and\n(c) form highways not include in clauses (a) and (b), the authority appointed as the \"highway authority\" under Section 3 or, if no such appointment has been made, the State Government itself;\n(11) \"highway boundaries\" means the boundaries of the highway whether visibly demarcated or not, within which contained the areas of land constituting the highway or land reserved or acquired for widening the highway;\n(12) \"Limited access highway\" means a highway access to which is permitted only at points specifically provided or agreed to for the purpose of by the highway authority ;\n(13) \"middle of a highway\" means, in relation to any highway from the improvement of which plans have been prepared by the highway authority, the middle of the highway as proposed to be improved in accordance with the plans, and where no such plans have been prepared, the point half-way between the boundaries of the highway;\n(14) \"motor vehicle\" means a motor, vehicle as defined in the Motor Vehicle Act. 1939;\n(15) \"permit\" means the document issued by an authority competent to issue it authorising the use of vehicle as a public vehicle ;\n(16) \"prescribed\" means prescribed in this Act, or by rules made under this Act;\n(17) \"Public place\" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a public vehicle ;\n(18) \"public vehicle\" mean any vehicle use or constructed or adopted to be use for the carriage of passenger or goods for hire or reward ;\n(19) \"standard width of highway\" means the width of a highway between its boundaries as prescribed by the highway authority under Section 11 ;\n(20) \"survey\" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes resurvey ;\n(21) \"survey mark\" mean any mark or object erected made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points ;\n(22) \"survey officer\" means any person appointed to be a survey officer under this Act;\n(23) \"vehicle\" includes any wheeled conveyance drawn propelled or driven by any kind of power including human, animals, motor, steam or electric power, and includes any barrow, sledge plough, drag or like vehicle.\nPart II\nHighway Authorities, Their Powers and Functions\nChapter II\nHighway Authorities", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Appointment of highway authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Transfer of control from one highway authority to another.", "chapter": null, "content": "Chapter III\nDevelopment and Maintenance of Highways", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Powers to enter land for reconnaissance and preliminary survey in connection with highway scheme.", "chapter": null, "content": "(a) enter upon any land alongwith his workmen and survey and taken measurements and levels on it;\n(b) mark such levels dig or bore into the subsoil do all other acts necessary to ascertain whether the land is suitable.\n(c) set-out the boundaries of the proposed highway by placing marks and cutting trenches; and\n(d) where otherwise survey cannot be completed and the levels taken and the boundaries marked, cut down and clear any part of a standing crop, fence or jungle :", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Preparation of schemes for highway development.", "chapter": null, "content": "(a) the acquisition of any land which in the opinion of the highway authority is considered necessary for its execution ;\n(b) the laying out or relaying out of all or any of the lands so acquired ;\n(c) the diversion or closure of any existing highway or a section of such highway ;\n(d) the construction or reconstruction of the roadway including its widening, leveling surfacing, bridging sewering, draining, water supply and street lighting arrangement and planting of roadside trees ;\n(e) the laying out of foot-paths, cycle tracks and special traffic lances for any kind or class of vehicles, the designing and sitting of parking bays and petrol filling and service stations, the location of advertisement post and bill boards ; and\n(f) the lay-out of access roads at suitable distances connecting the highway or the proposed highway with the adjoining properties.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Power to do certain action for executions of highway schemes.", "chapter": null, "content": "(a) enter into and perform all such contracts on behalf of the competent authority as may be considered necessary ;\n(b) make arrangements for the acquisition of the lands required under the scheme by out right gift or purchase by agreement with the owner or owners, or, failing such agreement, by resort to the provision of the Land Acquisition. Act, 1894, amended from time to time ;\n(c) turn, divert or close either temporarily or permanently any existing highway or portion there of; and\n(d) regulate, subject to such rules as may be prescribed in this behalf, the kind, number and speed of vehicles using any highway or portion thereof by means of barrier, diversion roads or other means.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Maintenance of highway plans.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Demarcation of road boundaries.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Annual check of road boundaries.", "chapter": null, "content": "Chapter IV\nPrevention of Ribbon Development Along and Control of Access to Highways", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Standard widths of highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Prescription of building and control lines.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Restriction of building etc. in the area between the highway and the building line.", "chapter": null, "content": "(a) to construct or lay out any means access to or from a highway;\n(b) to erect or re-erect any building or materially alter the outside appearance of any existing building ;\n(c) to make any excavation ; or\n(d) to construct, form or lay out any works, upon land lying nearer to the middle of a highway than a distance equal to one-half of its standard width prescribed under Section 11, or upon land lying between the boundary of a highway and the building line determined in respect of the highway under Section 12 ; provided, however, the these restrictions shall not apply to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line pipe, duct or other apparatus, constructed in or upon the land before the date on which the restrictions came into force or with the consent of the highway authority, on or after that date.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Restriction on buildings etc. between the building and the control lines.", "chapter": null, "content": "(a) grant the permission, subject to sub-reasonable conditions, if any, as may be specified in the order, or\n(b) refuse to grant such permission.\n(a) the erection of building or structure or the making of or extending an excavation which conforms to the requirements of public health and welfare and of safety and convenience of traffic on the adjoining highway, or\n(b) the re-erection of a building or structure which was in existence on the date of which the restrictions under sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Declaration of limited access highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Regulation or diversion of existing rights of access.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Compensation.", "chapter": null, "content": "(a) the restriction imposed against the erection or re-erection of a building or the making or-extending of any excavation of the laying out of any means of access on or across land laying in between the control line and the middle of a highway under sub-section (1) of Section 13 or sub-section (1) of Section 14.\n(b) the regulation or diversion under Section 16 of the existing rights of access across lands lying within the control line and the highway boundary;and\n(c) the refusal of permission to the laying out of new means of access to a limited access highway under sub-section (3) of Section 15 :\n(i) where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building line of any highway; and\n(ii) where permission to erect or re-erect a building in the area laying in between the control line and building line of a highway has been finally refused under Section 14 ;", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Amount of compensation how determined.", "chapter": null, "content": "(i) unless the claiming satisfies the officer making the award that proposals for the development of the land, which at the date of application under sub-section (2) of Section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and that there was demand for such development, or\n(ii) if and in so far as the land is subject to substantially similar restrictions in force under some other enactment which were so inforce at the date when the restrictions were imposed under this Act, or\n(iii) if compensation in respect of the same restrictions inforce under this Act or of substantially similar restrictions in force under any other enactment has already been paid in respect of the land to the claimant or to any predecessor in Interest of the claimant,\nChapter V\nPrevention of Unauthorised Occupation of Highway Land and Removal of Encroachements", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Highway lands to be deemed State Government property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Prevention of unauthorized occupation of highway land.", "chapter": null, "content": "(i) to place a movable encroachments on any highway in front of any building owned by him or make a movable structure overhanging the highway,\n(ii) to put up a temporary awning or tent, pandal or other similar erections or a temporary stall or scaffolding on any highway, or\n(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on and highway, or\n(iv) to make a temporary excavation, for carrying out any repairs or improvements to adjoining buildings ;", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Removal of encroachment.", "chapter": null, "content": "(i) have such protective works may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or\n(ii) have the encroachment removed with the help of the police, if necessary.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Injunction on the highway authority desist from removal of encroachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Recovery of cost of removal of encroachment.", "chapter": null, "content": "Chapter VI\nImprovement and Maintenance on Village Roads", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. State Government to direct highway authority to take over village tracks for development and maintenance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Highway authority require proprietor of village road dan to repari the road property where he is under obligation to do so.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Highway authority to acquires reversionary right of proprietors in village road land.", "chapter": null, "content": "Part III\nControl of Land Development In Areas Adjacent to Highways and Levy of Betterment Tax\nChapter VII\nControl of Roadside Lands", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Appointment of planning boards for control of development in areas adjoining highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Constitution of the Planing Boards and transaction of business by it.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "28A", "title": "28A. Specification of areas where control is to be exercised over development.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "29", "title": "29. Survey and demarcation of the area and the preparation layout plan for its development.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "30", "title": "30. Regulation of development in the area.", "chapter": null, "content": "(a) grant the necessary permission, with or without such reasonable conditions as may be specified in the order, if the proposal of the applicant is not inconsistent with the layout of the area planned or contemplated, and is otherwise unobjectionable, or\n(b) refuse the permission.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "31", "title": "31. Planing Board to acquire land for planned development, where necessary.", "chapter": null, "content": "Chapter VIII\nLevy of Betterment Tax", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "32", "title": "32. Planing Board to decide on levy of betterment tax with consent of the State Government who shall determine the rate of levy.", "chapter": null, "content": "(a) exact area in which the betterment tax is to be levied ;\n(b) the date on which the prevailing land value shall be deemed to be the basic value for purposes of commuting betterment; and\n(c) the percentage rate of betterment value at which betterment tax shall be levied, as determined by the State Government under sub-section (2):", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "33", "title": "33. Computation of betterment value.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "34", "title": "34. Assessment of betterment tax.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "35", "title": "35. Betterment tax to be made a charge on his interest in the land.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "36", "title": "36. Arrear of betterment tax to be recovered as arrears of land revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "37", "title": "37. Appropriation of the proceeds of betterment tax.", "chapter": null, "content": "Part IV\nMiscellaneous and Supplemental Provisions\nChapter IX\nSupplemental Provisions to Secure Safety of Traffic and Prevention of Damage to Highway", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "38", "title": "38. Prevention of cover structure view of distraction of attention of persons using any highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "39", "title": "39. Highway Authority to regulate traffic when highway is deemed unsafe.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "40", "title": "40. Prohibition of use of heavy vehicle on certain highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "41", "title": "41. Power of highway authority to control traffic to be exercise through the authority appointed under Part V to control traffic.", "chapter": "Part V", "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "42", "title": "42. Procedure to be followed when highway authority wishes permanently to close any highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "43", "title": "43. Consent of highway authority required to do certain act on highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "44", "title": "44. Prevention and rectification of damage to highway.", "chapter": null, "content": "Chapter X\nSurvey of Highway Lands and Highway Boundaries for Preparation of Authoritative Plans", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "45", "title": "45. State Government to order survey and appoint Survey Officer when so requested by the highway authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "46", "title": "46. Survey Officer to publish notification.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "47", "title": "47. Survey Offices to give special notice to highway authority to made repairs sanitation it necessary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "48", "title": "48. Power of Survey Officer to determine and record undisputed boundary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "49", "title": "49. Power of Survey Officer to determine and record a disputed boundary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "50", "title": "50. Appeal against order of the Survey Officer under Sections 48 and 49.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "51", "title": "51. Completion to demarcation to be notified by the Survey Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "52", "title": "52. Institution of suit in Civil court where any person is aggrieved by determination of boundary.", "chapter": null, "content": "Chapter XI\nPower to Frame Rules for the Construction and Maintenance of Highways\n53.\n(a) the preparation of schemes for the development of new or improvement of, or repairs to existing, highways ;\n(b) the standards that have to be followed in determining a standard with and building and control lines in respect of various types of highways.\n(c) the prevention of obstruction of view or destruction of attention of persons using such highways and of annoyance, danger or injury to the public.\n(d) the prevention of obstruction, encroachment and nuisance, or or near, and of damages to such highways.\n(e) the proper maintenance of boundary marks demarcating boundaries and building and control lines ;\n(f) the prescription of various forms of application required to be made and the forms of notice and the bills required to be served on persons, the charges to be made for the supply of copies of plan, etc. and the rent or other charges to be imposed or levied under the provisions of this Act;\n(g) the general guidance of the highway authority and the Planning Board in the discharge of their functions under this, Act;\n(h) the transaction of business by a Planning Board including appointment of a Chairman, his powers, his remuneration and travelling allowance, etc. and those of the other officers of the Board and the appointment of staff of the Board ;\n(i) the maintenance of accounts by a Planning Board and the method of audit of such accounts and\n(j) any other matter which is to be or may be prescribed.\nChapter XII\nGeneral and Miscellaneous Provisions", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Services of notice etc.", "chapter": null, "content": "(a) by delivering or tendering it or sending it by post the person or the whom it is addressed or to his agent.\nor\n(b) if such a person or his agent is not found, then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult member of his family or by causing it to be fixed on some conspicuous part of the building or land, if any to which it relates.\n(ii) Where notice under this Act is required to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier, and the service there to shall be effected either ;\n(a) by delivering of tendering the notice or sending it by post to the owner or occupier of it if there be more owners or occupiers than one to any one of them, or\n(b) it no such owner or occupier is found, then by giving or tendering the notice to an adult member or servant of his family or by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates,\n(c) whenever the person to whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult member or servant of his family shall be deemed to be service upon the minor.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "54A", "title": "54A. Publication and commencement of Rules.", "chapter": null, "content": "(ii) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed come into force on the date of such publication.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "55", "title": "55. Delegation of powers by highway Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "56", "title": "56. Persons deemed to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "57", "title": "57. Protection of persons taking action under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "58", "title": "58. Power and duties of police in respect of offences and assistance to highway authorities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "59", "title": "59. Power of arrest with out warrant in case of offence involving encroachment on or damage to highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "60", "title": "60. Duties of village official to report to highway authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "61", "title": "61. Power to utilise highway land for other than a road purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "62", "title": "62. Land acquired by direct negotiation to be subsequently acquired under land Acquisition Act, 1894.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "62", "title": "62. Saving as regards land under Central Government Control.", "chapter": null, "content": "Chapter XIII\nOffences, Penalties and Procedure Applicable to Part II to IV", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "63", "title": "63. General provision for Punishment of offences under Part II to IV.", "chapter": "Part II", "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "64", "title": "64. Disobedience of orders obstruction and refusal of information.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "65", "title": "65. Penalty or contravention of restriction relating to laying of means of access of erecting many buildings etc.", "chapter": null, "content": "(a) with fine which may be extend to five hundred rupees;\n(b) with further fine which may, extend to one hundred rupees for each day after the first during which the offending means of access or structure or work is not removed, demolished or cleared and the site not restored to its original condition.", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "66", "title": "66. Penalty for unauthorised occupation of high way land.", "chapter": null, "content": "(a) a fine which may extend to two hundred fifty rupees or first offence, and in case of second conviction in relation to the same encroachment,\n(b) With further fine which may extend to a lump penalty of five hundred rupees plus a daily levy not exceeding fifty rupee for each day that the offence is continued.", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "67", "title": "67. Penalty for causing damage to highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "68", "title": "68. Power to compound offence.", "chapter": null, "content": "Part V\nTraffic Provisions\nChapter XIV\nControl of Traffic", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "69", "title": "69. Exclusion of motor vehicles from the scope of Part V.", "chapter": "Part V", "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "70", "title": "70. Power to restrict the use of vehicles.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "71", "title": "71. Power to erect traffic sign.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "72", "title": "72. Main roads.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "73", "title": "73. Duty to obey traffic sign.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "74", "title": "74. Signals and signaling services.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "75", "title": "75. Leaving vehicle or animal in dangerous position.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "76", "title": "76. Towing of persons riding cycles.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "77", "title": "77. Leaving vehicle or animal unattended.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "78", "title": "78. Duty of driver to stops in certain case.", "chapter": null, "content": "(a) When required to do so by any police officer in uniform or by the authority authorised in this behalf by the State Government or\n(b) When the vehicle or animal is involved in the occurrence of an accident to a person, animals or vehicle or a of a damage to any property, whether the driving or management of the vehicle or animal was or was not the cause of the accident or damages,m and he shall give his name and address and the name address of the owner of the vehicle or animal or any person affected by such accident or damage who demands it, provided such person also furnish his name and address,", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "79", "title": "79. Duty of owner of vehicle or animal to give Information.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "80", "title": "80. Duty of driver in case of accident and injury to person.", "chapter": null, "content": "(a) take all reasonable steps to secure medical attention for any person so injured and if necessary convey him to the nearest hospital unless the injured person or his guardian,in case he is a minor, desire otherwise,\n(b) give on demand by a police office or by any authority authorised in the behalf by the State Government any information requested by him or if no police officer or other authority is present, report the circumstances of occurrence as soon as possible and in any case within twenty-four hours of the occurrence, at the nearest police station, or if the continues his journey after accident, at the next police station on or near his route.", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "81", "title": "81. Power to made rules for control of traffic.", "chapter": null, "content": "(ii) Without prejudice to the Generality of the forgoing power, such rules may provide for all or any of the following matters-\n(a) the removal and safe custody of the vehicles including their loads which has broken down or which have been left standing or have been abandoned on highways ;\n(b) the use of weiting devices ;\n(c) the determination, maintenance and management of parking places for use of vehicles and animals and the fees, if any which may be charged for their use ;\n(d) prohibiting the use of footpaths or payments by vehicles or animals;\n(e) subject to specific condition the segregation to any specified part of a highway of specified classes and descriptions of vehicle or animal traffic;\n(f) prohibiting or restricting the use of audible signals at certain times or in certain places ;\n(g) regulating the loading of vehicles and in particular limiting the loads carried in relation to the size and nature of tyres fitted,\n(h) a right of way for ambulances and fire brigade vehicles;\n(i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle;\n(j) the control of animal likely to frighten other animals or pedestrians;\n(k) the control of children on highways;\n(l) prohibiting the riding by more than one person at the same time of cycles other than cycles designed for the purpose;\n(m) prohibiting the riding of more than two cycles abreast;\n(n) limiting the age of drivers of vehicles;\n(o) the inspection of loads carried on vehicles and animals;\n(p) the uses of nose-ropes for animals;\n(q) regulating the driving of vehicles and animals at night;\n(r) regulating the use of highways by pedestrians;\n(s) generally, the prevention of danger, injury or annoyance to the public of any person, or of danger or injury to property or of obstruction to traffic;\n(t) any other matter which is to be or may be prescribed.\nChapter XV\nConstruction Equipment and Maintenance of Vehicles", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "82", "title": "82. General provision regarding construction and made attendance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "83", "title": "83. Power to make rules.", "chapter": null, "content": "(a) the width, height and length of vehicles;\n(b) the size nature and condition of wheels and tyres;\n(c) tracks;\n(d) lamp and reflectors;\n(e) warning devices;\n(f) the inspection of vehicles by prescribed authorities;\n(g) regulation the particulars exhibited on vehicles and the manner in which particular shall be exhibited.\nChapter XVI\nControl of Public Vehicles", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "84", "title": "84. Power to make rules.", "chapter": null, "content": "(a) the issue, renewal, modification or cancellation of permits and the transfer of permits from one person to another ;\n(b) the issue, renewal or cancellation of driving licenses,\n(c) the issue of duplicate copies in place of permits and driving licenses mutilated, defaced, lost or destroyed;\n(d) the preferring of appeals by persons aggrieved by the refusal of the authority competent to grant or renew a permit or a driving licence, or to transfer a permit or by cancellation or modification of a permit or the cancellation of driving licence, and the hearing and conduct of such appeals;\n(e) the documents, plates and marks to be carried by public vehicles, the manner in which they are to be carried and the language in which such documents are to be expressed;\n(f) the badges and uniforms to be worn by drivers;\n(g) the fees to be paid in respect of permits driving licenses, duplicate copies of permits and driving licenses, plate badges and appeals preferred under this Chapter;\n(h) the production of permits and driving licenses before specified officers for purposes of inspection;\n(i) the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles;\n(j) the limiting of the number of public vehicles or public vehicles of any specified class or description for which permits may be granted in any specified area, or on any specified route or routes;\n(k) the fixing of maximum and minimum fares or frights;\n(l) the minimum number of passengers or maximum quantity of goods that may carried in a public vehicle;\n(m) the conditions subject to which passengers luggage or goods may be carried Public vehicles;\n(n) the construction and fittings of and the equipment to be carried by public vehicle whether generally or in specified area on specified routes;\n(o) the safe custody and disposal of property left in public vehicle;\n(p) the conveyance in public vehicles of corpses or persons suffering from infections or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such vehicle, if used for such purposes;\n(q) the requirements which shall be complied with in the construction or use of any stand or halting place including the provisions of adequate equipment and facilities for the convenience of all users thereof the fees, if any, which may be charged for the use of such facilities the record which shall be maintained at such stands or places, the staff to be employed there at and the duties and conduct of such staff and generally for maintaining such stands and place in a serviceable and clean conditions;\n(r) requiring the person in charge of a public vehicle to carry any person tendering the legal or customary fare;\n(s) the inspection of public vehicles including animals used to drive them;\n(t) the records to be maintained and the returns to be furnished by the owner of public vehicles;\n(u) the appointment, terms of appointment, jurisdiction control and functions of authorities for the purpose of administering the provisions of this Chapter;\n(v) any other matter which is to be or may be prescribed.\nChapter XVII\nOffence Penalties and Procedure Applicable to Part V", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "85", "title": "85. General provision for punishment of offence under Part V.", "chapter": "Part V", "content": "", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "86", "title": "86. Driving recklessly or dangerously.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "87", "title": "87. Power arrest with out warrant.", "chapter": null, "content": "(a) any person who being required under the provisions of Part-V of this Act to give his name and address refuses to do so, or gives a name or address which the police officer or other authority has reason to believe to be false; or\n(b) any person concerned in an offence under Part-V of this Act or reasonably suspected to have been so concerned, if the police officer or other authority has reason to believe that he will abscond or otherwise avoid the service of summons.\n(ii) A police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require take or cause to be taken any steps he may considers proper for the temporary disposal of the vehicle or animal.", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "88", "title": "88. Summary disposal of cases.", "chapter": null, "content": "(a) may appear by pleader or in person, or\n(b) may, by a specified date, prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the court such sum as the court may specify.", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "89", "title": "89. Repeal and savings.", "chapter": null, "content": "The First Schedule\n( See Sections 71, 72 and 73)\nTraffic Signs\nTraffic Signs\nPart-A\nPart-A\nMandatory signs.\nMandatory signs.\nSign No.\n\"Speed limit\" and\nSign No. 2\n\"Weight limit\" for the definition plate marking\n\t\t\t\t\"axles over...... Ton signs indicating classes of traffic to\n\t\t\t\tbe substituted.\nSign No. 7.\n\"Use of sound signals\" prohibited to be deleted.\nPart-C.\nPart-C.\nInformatory signs.\nInformatory signs.\nSign No.3.\n\"End of speed limit\" to be deleted.\nSign No.4.\n\"Parking sign\" signs indicating particular classes\n\t\t\t\tof traffic to be added.\nThe Second Schedule\n( See Sections 72 and 73)\nDriving Regulation\nDriving Regulation\n(a) if this passing is likely to cause inconvenience or danger to other traffic proceeding in any direction ; or\n(b) where a point or comer or a hill or an obstruction of any kind renders the road ahead not clearly visible.\n(a) when turning to the left, driver as close as may be to the left hand side of the road from which he is making the turn and of the road which he is entering.\n(b) When turning to the right, drive as near as may be to the center of the road along which he is travelling and cause the vehicle or animal to move in such a manner that;\n(i) so far as may be practicable it passes beyond, and so as to leave on the driver's right hand a point formed by the intersection of the center lines of the intersecting roads; and\n(ii) it arrives as near as may be of the left hand side of the road which the driver is entering.\nThe Third Schedule\n( See Section 74)\nSignals\nSignals", "footnote": "", "is_definition": false, "sort_order": 90 } ], "metadata": { "Act ID": "Last Updated 12th February, 2020 [ass292]", "Act Number": "Assam Act No. 18 of 1995", "Enactment Date": "", "Act Year": "1989", "Short Title": "The Assam Highway Act, 1989", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:55:18" }