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


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;

b.    the salary, allowances and other conditions of service of the officers and employees of a Tribunal under sub-section (3) of section 9;

c.     the salary and allowances payable to, and the other terms and conditions of service of, the Presiding Officer of a Tribunal under section 10;

d.    the procedure for the investigation of misbehaviour or incapacity of the Presiding Officer of a Tribunal under sub-section (3) of section 12;

e.     the financial and administrative powers of the Presiding Officer of a Tribunal under section 13;

f.     the additional matters in respect of which the Tribunal may exercise the powers of a civil court under clause (h) of sub-section (3) of section 16;

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;

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.



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