Amendment status not verified — confirm the current text below against the official source.
Whoever erects, alters or extends any building, or makes any excavation, or constructs any means of access to or from a highway or does any other work in contravention of the provision of section 9, shall, on conviction, be punished, - (a) with fine which may extend to five hundred rupees, and (b) with further fine which may extend to one hundred rupees for each day after such conviction during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition. Unauthorised occupation of Highway. – 57. Whoever – (a) occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of section 21, or (b) fails to comply with the notice served on him under sub-section (1) of section 23, for no valid reason, shall on conviction, be punished, - (i) for a first offence with fine which may extend to two hundred and fifty rupees. (ii) for a subsequent offence in relation to the same encroachment with fine which may extend to five hundred rupees plus a further fine not exceeding fifty rupees per day on which such occupation of the highway or encroachment continues. Causing damage to Highways. – 58. Whoever in contravention of sub-section (1) of section 54 willfully causes, or allows any vehicle or animal in his charge to cause any damage to any highway, shall conviction, be punished with fine which may extend to one thousand rupees. General provision for punishment of offences. – 59. Whoever contravenes any provisions of this Act or of any rule or order made thereunder shall, if no other penalty is provided for the offence, no convictions, be punished, - (a) for a first offence with fine which may extend to fifty rupees. (b) for a subsequent offence with fine which may extend to two hundred rupees. Power to compound offences. – 60. Any offence committed under this Act may be compounded by the Highway Authority and if any proceeding have been instituted against any person in any criminal court; then on the terms of the compromise being carried out, the composition shall be held to amount to an acquittal and in no case shall any further proceeding to be taken against such person or any property of such person with reference to the same facts. CHAPTER IX MISCELLANEOUS Revision. – 61. The State Government may at any time call for and examine the records relating to any order passed or proceeding taken under this Act by the Deputy Commissioner or the Highway Authority or any officer subordinate to the Deputy Commissioner or the Highway Authority for the purpose of satisfying itself as to the legality or correctness of such order or proceeding and may pass such order in reference thereto as it thinks fit; Provided that no order shall be modified, annulled or reserved unless notice has been served on the parties interested and opportunity given to them for being heard. Powers and duties of police. – 62. Every Police Officer shall forthwith furnish information to the nearest Highway Authority or the nearest officer subordinate to the Highway Authority or any offence coming to his knowledge which has been committed against this Act or any rule made thereunder and shall be bound to assist the Highway Authority and its officers and servants in the exercise of their lawful authority. Duties of village officials. – 63. Every village Gaonbura, village council member or other village official by whatever name called shall forthwith inform the nearest Police station or the nearest Highway Authority or any officer duly authorized by the Highway Authority, whenever he becomes aware that any survey mark or any boundary mark of any highway or any mark showing the building or control line determined in respect of a highway has been destroyed, damaged, removed, displaced or otherwise tampered with or that any damage to any highway or encroachment on any highway has been made. Powers to utilize highway for other than road purposes. – 64. The Highway Authority may utilize temporarily for other than road purposes land forming part of a highway which is not immediately required for the passage of traffic. Summary. - 65. Any person wrongfully occupying any land, - (a) which is a part of a highway, (b) the occupation of which contravenes any of the provisions of this Act, and the said provisions do not provide for the eviction of such person, shall be summarily evicted by the Deputy Commissioner in the prescribed manner on being required to do so by the Highway Authority or any officer authorized in this behalf by the State Government. Inquiries. – 66. (1) The Highway Authority or the officer authorized by the State Government in this behalf shall, if be desires to make any inquiry for the purposes of this Act, make the inquiry in the prescribed manner. (2) The Highway Authority or an officer authorized by the State Government or the Highway Authority under this Act shall have the power to take the evidence on oath and to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce documents for the purpose of the inquiry under sub-section (1). (3) Any person summoned under sub-section (2) shall be bound to attend either in person or by an authorized agent as directed in the summons: - Provided that exemptions under section 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requirement for attendance under this Act. (4) Every person summoned under sub-section (2) either to be examined as a party or to give evidence as witness shall be bound- (i) to state the truth upon any subject respecting which he is examined or makes a statement; or (ii) to produce such documents as may be required. (5) Any person summoned merely to produce a document shall be deemed to have complied with the summons by causing the production of such documents instead of attending personally to produce the same. Registration Map made under section 8 not required. – 67. (1) Nothing in the India Registration Act, 1908, shall be deemed to require the registration of any map made under section 8. (2) All such maps shall, for the purposes of sections 49 and 50 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act: Provided that the maps shall be accessible to the public in the manner prescribed. Certain persons to be public servants. – 68. the Highway Authority, the officers and other persons authorized or appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Bar of jurisdiction. – 69. No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by under this Act required to be settled, decide or dealt with by Highway Authority, the Deputy Commissioner an officer or person authorized under this Act, any Authority under section 35 or section 44 or the State Government. Protection of persons acting in faith and limitation or suit or prosecution. – 70. (1) No suit or prosecution or other legal proceeding shall be instituted against any public servant or officer or person duly authorized under this Act in respect of anything in good faith done or intended to be done under this Act, or the rules or orders made thereunder. (2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorized under this Act in respect of anything done or intended to be done under this Act, except with the previous sanction of the State Government. Service of notice and bills. – 71. (1) Every notice or bill issued or prepared under this Act, may be served or presented – (a) by delivering or tendering it or sending it by registered post to the person to whom it is addressed, or to his agent, or (b) if such a person or his agent not found, then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult male 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. (2) Where a notice under this Act is required to be served upon the owner or occupier of a building or land, it shall not be necessary to name the owner or occupier, and the service thereof may be effected either :- (a) by delivering or tendering the notice or sending it by registered post to the owner or occupier or if there be more owners or occupiers than one, to any one of them, or (b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male 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. (3) Whenever the person to whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor. Powers to make rules. – 72. (1) The Stat Government may by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality the foregoing power, the State Government may make rules for all or any of the following matters: - (a) the manner in which the notification may be published in the village and at the headquarters of the circle under sub-section (2) of section 7; (b) the other places at which copies of map may be open to inspection under section 8; (c) the form of application and its contents under sub-section (2) of section 9; (d) the other manner of publishing the notification under section 15; (e) the conditions on which and the amount of rent or charge on payment of which encroachments may be made on a highway; (f) the manner in which a reference shall be made under section 35 or 44; (g) fixation of the date on which the betterment charges shall be payable under section 47 and installments together with the rate of interest and the period within which such installments shall be paid under the proviso to the said section; (h) the conditions on which any land may be relinquished or delivered in exchange in favour of the State Government under section 48; (i) rules subject to which any highway or portion of it may be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regulated under section 50; (j) rules subject to which plying of vehicles may be prohibited under section 51; (k) the prevention of obstruction of view of persons using highways and of annoyance, danger or injury to the public; (l) the prevention of obstruction, encroachment and nuisance on or near and of damages to highways; (m) the proper maintenance of boundary mark demarcating highway boundaries and building and control lines; (n) the prescription of various forms of applications required to be made and form of notices and bills required to be served on persons, the charges to be made for supply of copies of maps, and the rent or other charges to be imposed or levied under the provisions of this Act; (o) the general guidance of the Highway Authority in the discharge of its functions under this Act; (p) regulation or diversions of existing rights of access; (q) the manner of holding an enquiry under section 65 or section 66; (r) any other matter which is to be or may be prescribed. (3) Every Rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule. Savings. – 73. Subject to the provisions of this section nothing in this Act shall affect – (a) the rights of any local authority to make any excavation for the purpose of laying, making, altering, repairing or renewing any sewer, drain, water course or other works; or (b) the rights of any authority appointed under any law for the time being in force for water, electricity, railway or trolley vehicles to erect any support or make any excavation for purpose of laying, making, altering, repairing or renewing any main, pipe, sluice, weir, electric line, duct, drain or other apparatus; or (c) any land belonging to a Railway administration or belonging to or used by a person holding a license or sanction for the generation, transformation or distribution or electricity under the Indian Electricity Act, 1910, when such land is held or used by the Railway administration, or such person, as the case may be, for the purpose of its railway of for generation, transformation or distribution of electricity, except in so far as they may consent thereto; or (d) any land within the limits of cantonment or a port declared by or under any law made by Parliament or existing law to be a major port; or (e) any land within the jurisdiction of a local authority under the administration control of the Central Government: Provided that : - (i) any restriction in force under section 9 as to construction, formation or laying out of means of access to, or from, any road, shall without any such consent as foresaid, extent to any such land as is specified in clause (c) in so far as the restrictions relate to means of access over or under such land to, or from, land other than land so specified; and (ii) any consent required for the purpose of this section shall not be unreasonably withheld and the question whether or the consent so required is unreasonably withheld shall be determined by the State Government on the question shall be final. (2) Nothing in this Act shall affect any powers and duties of the telegraph authority under the provision of the Indian Telegraph Act, 1885 (18 of 1885). (3) The authority or persons mentioned in sub-section (1) shall be liable to restore the highway to its former condition on completion of any excavation or other works done under the said sub-section and upon its failing to do so the Highway Authority may cause the restoration to be made and recover from such authority or person the expenditure incurred by it. Provisions of this Act or rules prevail over inconsistent provisions in other laws. – 74. Save as provided in section 72, the provision of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, in so far as such law is inconsistent with the said provisions or rules and such to take extend of such inconsistency shall cease to apply or shall not apply to any such matter. Building and control lines along National Highway.- 76. For the avoidance of doubt it is hereby declared that nothing in this Act shall apply to highways which area or have been declared by or under any law made by Parliament to be National Highways: Provided that if any highway is declared to be a National Highway by or under any law made by Parliament, it shall be lawful for the State Government to fix or not to fix the building and control lines for different portions of the said highway under section 7 and thereafter the provisions of this Act in so far as they apply to the restriction on buildings between the highway boundary and the buildings line or between the building line and the control line and other provisions relating to such building and control lines shall, mutates mutants apply. SCHEDULE (See sections 28 (2) and 30) Amendments to the Land Acquisition Act, 1894 (1 of 1894). Amendments of the section 23 of Act 1 of 1894: - 1. For section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely: “23 Matters to be considered in determining compensation: In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration. (1) the market value at the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (2) the use to which the land was put at the date of such declaration; (3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him; (4) the damage (if any) sustained by the person interested at the time of possession being taken from him by reason of severing such land from his other land; (5) the damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injurious affecting his other property, movable or immovable in any other manner or his earnings; (6) if in consequence 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.” Amendment of section 24 of Act 1 of 1894. – 2. For section 24 of the Land Acquisition Act, 1894, the following shall be substituted, namely; - “Matters to be neglected in determining compensation. – 24. But the Court shall not take into consideration the following matters; - (1) the degree of urgency which has led to the acquisition; (2) any disinclination of the person interested to part with the land acquired; (3) any damage sustained by him which, if caused by private person would not render such person liable to a suit; (4) any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966 by or in consequence of the use of which it will put; (5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; (6) any increase to the value of the land of the person interested likely to accrue from the use of which the land acquired will be put; (7) any outlay or improvements on, or for disposal of the land acquired commenced, made or effect without the sanctioned of the Highway Authority after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (8) the special suitability or adaptability of the land for any purpose if the at purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the Highway Authority; (9) any increase in the value of the land by reason of the use thereof or any premises thereon in manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health”.