Bare ActsThe Kerala Highway Protection Act, 1999

Section 2

Defimtzons -In this Act, unless the context otherwise requires

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

Defimtzons -In this Act, unless the context otherwise requires.- (a) '"animal" means any domestic or captive an1mal; (b) "appellate authonty" means an appellate authority constituted under section 3 7, (c) ''bUlldmg hne" means a lmc on either s1de of a highway as may be determ1ned by the competent authority under section 18; (d) "competent auth011ty" means any oHiccr of the Govern- ment ih Pubhc Works Depat tment appointed by Government by notification in the Gazette to be the competent authority for the purposes of this Act; (e) "control line" means a hne beyond the bulld1ng line as may be dete.-rruned by the competent autho11ty under section 18; * Received the assent of the Governo:: on 20th day of January, 2000 and published in the Kerala Gazette Extraordinary No 114 dated, 20th day of Januat y, 2000. 116 • (f) "encroachment" means occupation of a highway or part thereof for purposes other than traffic and any Act wh1ch causes damage to the highway and mcludes,- (i) unauthorised erection of a buildmg or any othe1 pc-manent or temp01 ary st. ucture, balcony, porches, facades 01 P' OJectlOns on, over m overhangmg the highway, (u) occupation of hjghway fm stackmg budding mate, Ials or goods of any othe, desc 1pt1on. fot parking auto: mobdec; fo1 mamtcnance and 1 epa1,, for exh1b1tmg art1cles fo1 sale, fo,· c. ectmg poles, awnmgs, tents, panda(<;, a, ches, platfm·ms, , ostt urns, hoa1 dmgs, dtsplay boa··ds, statue~, monuments of all kmds, steps, ramps and othe, smul,lJ <;tructUl es Of stabling domestic ammals and poult1 y and cultivatlOn of any kmd includmg hol'ticultu.t e o,· fo, any othe"j pu, pose; (iit) excavation m embankment of any so, t made or extended on any htghway, (•v) dumpmg of waste and filthy matenal<; wh1ch may cause hygtcmc and env1ronmental haza1 ds, lettmg of waste .tnd polluted wate, o, dthe, effluents into the high- way and u<;mg the highway fo, bathing, washmg, wa tez mg and defeca tmg; (v) (v1) blocl.mg, closmg, choking o, restnctmg water flow along the sides of the lug}n~yav o~ ac, oss it, either free flow ot gutded flow th.(ough drams, channels, con- duits, scwe1 s, Cfos<; d,·ainage wo. ks such as culverts, wens, undcrtunnels, bndgcs, 01 aqueducts; and blocking Oi' closing of channels, sueams o.~ any water cou1se which pa<;sec; th1ough any p1opc, ty, either pnvate or pubhc, and foJ mmg pat t of a natural water course which may 1 csult 111 accumulation of wate.r on a highway causmg damage to road c1ust; (g) "Go vet nmcne' means the Government of Ket ala (h) "highway" means any toad, way O.t land declared as a htghway under sectton 3 and mcludcs any land acqun ed or demarcated for constt uctiion of a highway, (i) "highway authouty" medns the htghway autho11ty appointed under section 4, (J) "natwnal h1ghway" means any nat10nal highway m the State included in the schedule to the Natxonal Highways Act, 1956 (Central Act 48 of 1956) or any highway declared as a national highway under sub-sect10n (2) of section 2 thereof; -...y I ' ' ...,/ - 117 Act· . ' (k) "prescribed" means prescribe~ by rules maqe under this (1) "J tbbon development" means growth of buJ.ldings and Industrial and commercial e~tabhshments hnca1ly along a htghway wlth direct access to the highway; (m) "right of way" 1n 1elat10n to a htghway means the land wtthin lts boundanes, (n) "standatd wtdth ofh1ghway" mean~ the wtdth of a highw~y as may be specified under scct10n 17, (o) "State" means the State of Ke1:ala; (p) "survey', 1ncludes all operattons I;tctdental to the det~mi· nation, measw~ement and rccOl d of a boundat·v or bounda1 ics· for preparation and Implementation of a h1ghway · scheme or highway development and includes a rc·sUl vey, (q) "su,·vey rna,k" mean~ any ma1k or obJeCt etected, made, employed Oi specified by a h1ghway authodty to ind1cate O!' determine ' or asstst 1n dete~·mming the position or level of any pOint or po1nts; pelled motor, or hke • (1) "veh1cle" 1ncludes any wheeled conveyance dlawn, pro· or d\ ivcn by any kmd of powe1 includmg human, ammal, steam or elcco 1c power, and Includes any bat J ow, plough veh1cle CHAPfi:R II Highways and Highway Authorities 3 Declaratzon of roads, ways or land as lzzghway -(1) The Govern· ment may, by notificat•on tn the Gazette, declare any road, way or land appurtenant thereto to be a h1ghway and class1fy 1t as a State h1ghway ot• a hill htghway or a maJor d1stnct road or any other category of road Explanatlon.-For the purpose of classification of htghways under this section, 1mpo1·tant roads w1th1n a district or adjoming distncts 'serving areas· of production and market and connecting these with each 'other or with a State htghway or a nattonal htghway shall be considered as a maJor d1stnct road and arterial routes of t~e State linking distt1ct headquarters and tmp?rtant cities ot. towns c;>r important places of tounst 1nterest or ptlgllm centres wttlun the State and connect1ng them w1th national highways Ol lughways of neighbounng States shall be constdered ~s a State h1ghway. 3f:j34-17 118 {2) Eve1 y notification under sub-section (I) shall also be published by Government in at least two dally news papers having wide circulation in the area to whtch the notificat10n relates

Section 2 – The Kerala Highway Protection Act, 1999 | DailyLaw.ai