Act Number: 13

Act Name: The Control of National Highways (Land and Traffic) Act, 2002

Year: 2003

Enactment Date: 2003-01-14

Long Title: An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon.

Ministry: Ministry of Road Transport and Highways

Department:

Section 37: Prohibition to leave vehicles or animals in dangerous position.
    (1) No person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a Highway unless the same is under such safety control as may be prescribed.
     (2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle or animal causing such obstruction shall be caused to be towed away by the Highway Administration to remove such obstruction on the Highway and the vehicle or animal so towed away shall be taken into possession by the Highway Administration and shall be handed over to the owner thereof in the manner, by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed.
     (3) In case where the expenses in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid in the manner prescribed under that sub-section, the Highway Administration shall sell such vehicle or animal by auction and the proceeds of the auction shall be the property of the Central Government.
     (4) Any person who has unauthorised occupation on a highway land shall be summarily evicted by the Highway Administration in the manner specified in section 26 for removal of unauthorised occupation and shall be liable to fine imposed by the Highway Administration which shall not be less than five hundred rupees per square metre of the unauthorisedly occupied land by him but which may be extended to the cost of such land.
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