40. [Right of appellant to take assistance of legal practitioner.]—Omitted by Act the Tribunals
Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).
41. Finality of orders.—Save as otherwise expressly provided in this Act, every order made or any
action taken by the Highway Administration or the officer authorised in this behalf by such
Administration 1*** shall be final and shall not be called in question in any original suit, application or
execution proceeding and no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this Act to the Highway
Administration 2***.
42. Duty of village officials.—Wherever any village headman, village accountant, village watchman
or other village official, by whatever name called, becomes aware of any offence involving unauthorised
occupation, damage or destruction of the highway land, he shall forthwith inform the nearest police
station or the nearest Highway Administration or any officer authorised in this behalf by such
Administration, the commission of such offence and shall also be duty-bound to assist the Highway
Administration and its officers in prosecuting the offender of the offence.
43. Conduct of inquiry.—The Highway Administration or the officer authorised in this behalf by
such Administration shall, if he desires to make any inquiry for the purposes of this Act, make a summary
inquiry in such manner as may be prescribed.
3
[44. Officers of Highways Administration to be public servant.—The officer or officers
constituting the Highways Administration and any other officer authorised by such Administration under
this Act, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this
Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).]
45. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government or 4
[any other officer of the Central Government] or the officer or
officers constituting the Highway Administration or any other officer authorised by such Administration
1. The words “or every order passed or decision made on appeal under this Act by the Tribunal” omitted by Act 33 of 2021, s. 24
(w.e.f. 4-4-2021).
2. The words “or Tribunal” omitted by s. 24, ibid. (w.e.f. 4-4-2021).
3. Subs. by Act 7 of 2017, s. 167 for section 44 (w.e.f. 26-5-2017).
4. Subs by, s.167, ibid., for certain words (w.e.f. 26-5-2017).
14
under this Act or any other person, for anything which is in good faith done or intended to be done under
this Act or the rules made thereunder.
46. Offences by companies.—(1) Where an offence punishable under this Act has been committed
by a company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this
Act has been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
47. Procedure for service of notices, etc.—Save as otherwise provided in this Act, every notice or
bill issued or prepared under this Act may be served or presented in such manner as may be prescribed.
48. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
49. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
50. Power to make rules.—(1) The Central Government may, after previous publication, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner of exercising powers and discharge functions under sub-section (3) of section 3;
1* * * *
2* * * *
(g) the manner for maintaining the records of the Highway Administration in which the lands are
shown and the manner of proving claim for correction of such records under sub-section (2) of
section 23;
(h) the conditions subject to which, the rent and other charges on payment of which and the form
in which permit may be issued for grant of permission under sub-section (2) of section 24;
1. Clauses (b), (c), (d) and (e) omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017).
2. Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
15
(i) the conditions, payment of rent and other charges for grant of lease or licence of highway land
under section 25;
(j) the form of notice under sub-section (2) of section 26;
(k) the feasible cost for making construction including alteration of any construction under
sub-section (8) of section 26;
(l) the additional matter in respect of which the Highway Administration or an officer authorised
by such Administration in this behalf may exercise the powers of a civil court under clause (d) of
sub-section (9) of section 26;
(m) the form of the bill under sub-section (2) of section 27;
(n) the form of application, the fees to be accompanied therewith and the terms and conditions for
permission under sub-section (2) of section 29;
(o) the form of licence, the period and the manner of renewal of such licence under
sub-section (3) of section 29;
(p) the limit of laden weight and the provisions subject to which the plying of vehicles may be
prohibited or restricted under section 32;
(q) the traffic signs to be placed or erected under section 35;
(r) the safety and control for allowing any vehicle or animal to stand or proceed on a Highway
under sub-section (1) of section 37;
(s) the manner of handing over the vehicle or animal to the owner and payment of expenses
incurred in the removal of such vehicle or animal under sub-section (2) of section 37;
(t) the form of application under sub-section (2) of section 38;
(u) the fees and other charges to be imposed under sub-section (3) of section 38;
(v) the manner of summary inquiry under section 43;
(w) the manner of service or presentation of notice or bill under section 47; and
(x) any other matter which is required to be, or may be, prescribed.
(3) Every rule made or every notification issued by the Central Government under this Act shall be
laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or notification or both
Houses agree that the rule or notification should not be made or issued, the rule or notification 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 of anything previously done
under that rule or notification.