Bare ActsThe HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002

Section 11

Amendment status not verified — confirm the current text below against the official source.

(1) The prescribed authority may order any person, who has indulged in a prohibited activity as referred to in clauses (i), (iii) and (viii) of section 3 to restore road infrastructure to its original state and if such person fails to start the restoration work within a period of 3 days from the date of passing of such order and completing it within the time allowed, the prescribed authority shall take such measures as may appear to him to be necessary, to give effect to the orders at the cost of the defaulter. (2) If a person contravenes or fail to comply with, any provisions of this Act or any order made under sub-section (1), the prescribed authority may, after giving a reasonable opportunity of being heard, direct such person to pay, by way of restoration fee, in addition to the cost of restoration of road infrastructure – (i) for contravention of any prohibited activities as referred to in clauses (ii), (iv), (v), (vii), (ix), (xi), (xvi) and (xvii) of section 3, an amount which shall be five times of the restoration cost; (ii) for contravention of prohibited activities as referred to in clause (vi) of section 3, an amount @ five hundred rupees per cubic meter or part thereof per day in respect of excavated earth/deveris and @ one thousand rupees per truck load or part thereof per day in respect to stacked material; (iii) for contravention of prohibited activities as referred to in clause (xii) of section 3, a amount @ five hundred rupees per square metre per week till the time such act continues; 8 (iv) for contravention of the prohibited activities as referred to in clause (xiv) of section 3, an amount @ one hundred rupees per running metre of the erection per day till the time the act continues; and (v) for contravention of the prohibited activities as referred to in clause (xiii) or (xv) of section 3, an amount @ six times the cost of removal. Explanation : (1) All restoration costs and fees payable under the provisions of this section shall be deposited with the prescribed authority within seven days, failing which it shall be recovered as arrears of land revenue with interest commencing from the day following the last day allowed for deposit. (2) Cost of removal/restoration shall be determined as per the current schedule of rates/principles of costing of the Himachal Pradesh Public Works Department duly indexed for inflation.

Section 11 – The HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 | DailyLaw.ai