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TAMILNADU
GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY
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No.
162] |
CHENNAI,
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PART
III Section 1(a)
General statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments.
NOTIFICATIONS BY GOVERNMENT
-----------------------------------
HIGHWAYS DEPARTMENT
Framing
of Tamil Nadu Highways rules
[G.O. Ms. No. 110,
Highways (HN2),
No. SRO A-28(C-1)/2003
In
the exercise of the powers conferred by sub section (1) of section 66 of the
Tamil Nadu Highways Act, 2001 (Tamil Nadu Act N0.34 of 2002), the governor of
Tamil Nadu hereby makes the following rules.
RULES
1. Short title and Commencement:- (1) These Rules
may be called the Tamil Nadu Highways Rules, 2003. (2) They shall come into
force at once.
2. Definitions: - In these
Rules, unless there is any thing repugnant in the subject or context:-
(a) Act means the Tamil Nadu
Highways Act, 2001 (Tamil Nadu Act 34 of 2002)
(b) Form means a form append
to these Rules;
(c) Schedule means the
schedule of these Rules; and
(d) Section means the section
of the Act.
3. Notice period to be allowed
under section 8(2)(b):- The period to make objections
and suggestions by persons affected by notification under sub-section 8 shall
be thirty days.
4. Preparation of map:- The
Highways authority shall cause a map of that division to be prepared showing
the highways boundaries, building line and control line of such highway and
locations of culvert, minor bridges, major bridges, drains, railway crossings,
junctions of panchayat, panchayat
union and Government roads. The map shall be prepared within ninety days of the
publication of the notification under section 8(3) (ii);
5. Manner of Publication of the
Public Notice:- Before publishing a notice under
sub-section (1) of section 15, the Government shall in addition to calling upon
the owner and any other person having interest in the land to show cause as
to why the land should not be acquired, shall also a cause a public notice to
that effect to be published in one English and in one Tamil news papers having
circulation in the locality. The said notice shall also be displayed in the
offices of the, -
(i)
Highways authority of te division concerned;
and
(ii)
Village Administartive Officer of the village
concerned; and
(iii)
Tahsildar of the Taluk concerned.
6. Permission to occupy
7. Conditions subject to which
permission may be granted under sub-section (2) of section 26. Permission
under sub0section (2) of section 26 shall be granted subject to the following
conditions.
(i)
The structure to be erected or work to be carried out shall be so
executed as not to interfere with traffic on the Highways or the Highways
drainage,
(ii)
The structure shall be erected in conformity with plan approved by the
Highways authority and shall not be altered or extended without prior written
permission of the Highways authority. It shall not be used for any purpose
other than the one for which permission is granted;
(iii)
The structure shall be constructed
and maintained to the satisfaction of the Highways authority
(iv)
No trees on the
(v)
The applicant shall be soley liable for any
loss
8. Rent to be charged for
occupation of
9. Recovery of cost of removal
of encroachment:- Where the cost of the removal of
encroachment or the cost of any protective work carried out in respect of any
encroachment is not paid, the cost shall be recovered by disposing of the
materials seized, by public auction.
10. Right to amount for property
affected:- Any person who claims that his property is
injuriously affected by virtue of any thing done under the provisions of
section 11 may prefer a claim for the purpose to the Highways authority,
furnishing details of property injuriously affected, amount of damage with
supporting details. The claim shall be preferred within ninety days from the
date on which the property was so affected.
11. Enquiry into claim by the
Highways authority:- (a) The Highways authority may require the claimant to
deliver to him such returns and assessments as he considers necessary;
(b) The Highways authority shall issue a notice to
the claimant and give him an opportunity to state his case; and
(c) The Highways authority may also require and
obtain views of other officers in departments like revenue, registration and
local authorities for the purpose of fair and equitable enquiry.
12. Appeal to State Highways
authority:- An appeal against any decision or order of
the Highways authority made under section 32 shall be preferred to the State
Highways authority within thirty days from the date of receipt of the decision
or order.
13. Form of Application for
reference against an order fixing the betterment charges:-
An application under sub-section (1) of section 37 for reference against an
order fixing the betterment charges under section 35 shall be made in Form B.
14. Manner of reference to the
court:- (1) The Highways authority shall make the reference to the Court by a
statement in writing giving the following particulars, namely:-
(a) the situation and extent of
the land with particulars of buildings, if any, thereon and
(b) the names of the persons whom
he has reason to think are interested in such land and buildings.
(2) The
statement under sub-rule (1) shall be accompanied by,-
(a) a copy of the order fixing
the betterment charges;
(b) a copy of the application
requiring the reference to be made under section 37;
(c) a schedule giving the
particulars of the notices served upon and of the statement in writing made or
delivered by the parties interested; and
(d) a copy of the plan showing
the nature and location of the highway work concerned in relation to the lands
assessed to betterment levy.
15. Period for payment of
betterment charges by installments:- (1) The
betterment charges levied shall be paid within thirty days from the date of
receipt of order fixing the said charges.
(2) If the
owner of any land desires to pay the amount of betterment charges by annual
installments, he shall make an application to that effect in writing to the
Officer fixing the said charges within one month from the date of receipt of
the same or within one month from the date of the decision of the Court under
section 37, as the case may be. The owner shall state in the application the
number of installments in which he desire to pay the said charges, which shall
not exceed ten.
(3) Interest at the rate of 9 percent per
annum shall be charged on the amount of betterment charges
permitted to be paid in installments;
(4) On
receipt of an application under sub-rule (1), the officer authorised
shall fix the amount of each annual installment including the interest charges
to be paid by the owner, the number of such installments and the date on which
each installments shall be paid by the owner;
(5) The owner of the land
shall thereon execute an agreement in Form C.
16. Prohibition or regulation of
traffic when highway considered unsafe:- Whenever the Highways authority closes
any highway or portion thereof to all traffic or to any class of traffic or
regulates the number and speed or weight of vehicles using such highway it
shall,--
(i)
put up notice boards at suitable places along the highway giving
particulars of the restrictions imposed; and
(ii)
in case of closure of the highway or portion thereof
to all or any class or traffic, put up barriers, as may be necessary, at
suitable places with arrangements for display of red light at night.
K. S. SRIPATHI,
Secretary to Government.
SCHEDULE
[See rules 7 and 8]
Table
|
Sl.No. (1) |
Purpose for which (2) |
Rent (3) |
|
(1) |
Temporary encroachment in front of a building
owned by the applicant or for a temporary structure overhanging a highway |
An annual sum not exceeding 2 ½ percent of the
market value of land encroached upon or below the temporary structure subject
to a minimum of Rs. 500 in municipal areas and Rs. 100 in other areas. |
|
(2) |
Putting up temporary awnings, tents pandals, scaffoldings for other
similar erections. |
A daily sum not exceeding Re. 1 per square metre of land occupied in Municipal areas and 50 paise per square metre in other
areas. |
|
(3) |
Temporary stalls |
An annual sum not exceeding 10 percent of the full
market value of the land occupied subject to a minimum of Rs.
1000 in municipal areas and Rs. 500 in other areas. |
FORM A
[See rule 6]
Form
of permission under section 26 of the Tamil Nadu Highways Act, 2001 for
temporary occupation of highway (within highway boundaries)
To
Thiru/ Thirumathi/ Thiruvalargal,
.
Sir,
Sub:
Highways
. Division
..
Sub Division
Permission for temporary occupation of highway land
in
km
of
road Granted.
Ref: Your application,
dated
..
Your
above referred application for temporary occupation of highway land in
Km
.. of
road and in Survey
No
.. of
.. Village/ Town has
been examined with due regard to the safety, convenience of traffic and other
factors.
Permission
is granted for temporary occupation of highway land referred above subject to
the following conditions:-
(a) A rent of
Rupees
.. shall be paid in advance by way of a demand draft
drawn in favour of the Divisional Engineer
(H)
Division payable at
(b) The operation in the are of land
to be occupied shall be carried out so as not to interfere with traffic on the
highway or highway drainage;
(c) The structure to be erected
or work to be carried out shall be so executed as not to interfere with traffic
or the highway or the highway drainage;
(d) The structure shall be
erected in conformity with the plan approved by the Highway Authority and shall
not be altered or extended without the prior written permission of the Highway
Authority. It shall not be used for any purpose than the one for which
permission is granted;
(e) The structure shall be
constructed and maintained to the satisfaction of the Highway Authority,
(f) No trees on the highway land
shall be removed, cut or damaged or highway accessories or materials removed or
damaged without the prior written permission of Highway Authority;
(g) The permission holder shall
be solely liable for any loss or injury sustained by any person or property as
a result of any carelessness, negligence or misconduct of the permission holder
or any of his employees in the erection, setting up, repair or use of the
structure on or over hanging the highway land;
(h) The permission holder shall
be liable to pay all taxes, levies or assessments payable to Government or any
local authority in respect of the highway land occupied or structure
constructed;
(i) The permission holder shall
deposit an amount of Rupees
.. with the
Highway Authority as security. This security is liable for forfeiture in case
of default in the payment of rent and other charges payable to Government or
contravention of any of the conditions subject to which the permission is
granted;
(j) The permission shall not be
transferred to any other person without the prior permission of the Highway
Authority;
(k) The permission shall be valid up to
..
(l) On the expiry of the period
for which permission is granted, the land shall be restored to its original
condition handed over to the Highway Authority;
(m) The Highway Authority
reserves the right to cancel, or modify the permission granted.
Divisional Engineer,
Highways
.
And
Highway
Authority.
FORM B
[See Rule 13]
Form
of application under section 37 for reference to Court, against order made
under section 35 fixing betterment charges.
1.
Name of the Applicant (in
full)
2.
Occupation
..
3.
Age
..
4.
Address
5.
Number and date of order under section 35 of the
Act
..
6.
Date on which the order was communicated to the applicant
7.
Particulars of land to which reference relates.
Survey No
..
Village
Taluk
.
District
8.
Grounds on which objection is taken to the fixation of
betterment charges.
Date
Signature
of the Applicant
FORM C
[See Rule 15(5)]
Agreement entered into under the proviso to section 40
This
agreement made at
.the
. day of
. two thousand
between the Governor of Tamil Nadu (Hereinafter referred to as the
Government) of the one part and
inhabitant of
.(hereinafter
referred to as the owner which expression shall unless excluded by or
repugnant to the context include his heirs, executors and administrators) of
the other part.
Whereas
the owner is possesses of and otherwise sufficiently entitled free from
encumbrances to the piece of land situated at more particularly described in
the
.schedule hereto appended (hereinafter referred to as the said
land).
And
whereas it has been held by the order
..of the
.the
decision
.Authorised Officer
.made
under Section 35
.Civil Judge
Section 40
..of the Tamil
Nadu Highways Act, 2001, that betterment charges amounting to Rs
.are leviable on the
said land.
And
whereas the owner desires to pay the said amount of betterment charges by
annual installments in the manner provided under the Tamil Nadu Highways Rules,
2003, and has for the purpose agreed to enter into an agreement with the Government
as required by the proviso to Section 40 of the said Act.
NOW THIS AGREEMENT WITNESSETH as follows:-
(1) The owner shall pay to the Government the said betterment charges of Rupees .with interest thereon at the rate of .percent per annum with a period of years from this date by equal yearly installments of Rs. .each for principal, the first of such installments to be paid on the day of two thousand ..and the .subsequent installments to be paid on the day ..of ..each subsequent year and that the owner shall in the meantime and so long as any part of the principal sum of Rs. ..shall remain owing, pay interest to the Government at the rate of percent per annum on all moneys whatsoever for the time being due and owing under these presents by yearly payments shall be made on the day of each subsequent year until the whole sum of Rupees .is paid off:
Provided always that if any
such interest shall remain unpaid for one month after the date on which the
same ought to be paid then, and in every such case, the interest so in arrears
shall at the expiry of such month be capitalised and
be added to the principal sum thereby secured and for the time being owing hereunder
and shall henceforth bear interest payable at the rate on the days aforesaid
and all the Rules of law and equity in relation to interest shall equally apply
to interest on such arrears:
Provided
further that the last preceding proviso shall not permit the owner to allow any
interest to fall into arrears.
(2) All sums due and payable by the owner under these presents shall subject to the prior payment of land revenue, be a first charge on the land, in respect of which such betterment charges are leviable as provided in Section 39 of the Tamil Nadu Highways Act, 2001.
(3) The owner shall bear the stamp duty payable in
respect of this agreement.
In
witness whereof the
.of
has for and under the directions of
the Governor of Tamil Nadu set his hand and seal and
..the above
named owner has set his hand hereto the day and year first above written.
Signed,
and delivered by:
.
of
in
the presence of:
(1)
(2)
Signed,
and delivered by:
.
In
the presence of:
(1)
(2)
[G.O.Ms.No.110,
Highways (HN2),
No. SRO
A-28 (C-2)/ 2003.
In exercise of the powers conferred
by section 4 of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002),
the Governor of Tamil Nadu hereby declares the following area to be a Division
for the purpose of Highways in that area.
|
Sl.No. |
Name of the Division |
Area of Jurisdiction |
|
1.
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Chennai
District |
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2.
|
Thiruvallur |
Thiruvallur District and Tambaram
Taluk of Kancheepuram
District |
|
3.
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Chengalpattu |
Kancheepuram District excluding Tambaram
Taluk |
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4.
|
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Vellore District |
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5.
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Thiruvannamalai |
Thiruvannamalai District |
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6.
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Villupuram |
Part
of Villupuram District comprising Villupuram, Gingee, Tindivanam and Vanur Taluks |
|
7.
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Kallakurichi |
Part
of Villupuram District comprising Kallakurichi, Sankarapuram, Thirukoilur and Ulundurpet Taluks |
|
8.
|
Cuddalore |
Cuddalore District |
|
9.
|
Ariyalur |
Perambalur District |
|
10. |
Trichy |
Trichy District |
|
11. |
Pudukottai |
Pudukottai District |
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12. |
Thanjavur |
Thanjavur District |
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13. |
Thiruvarur |
Thiruvarur District |
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14. |
Nagapattinam |
Nagapattinam District |
|
15. |
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Madurai District |
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16. |
Sivagangai |
Sivagangai District |
|
17. |
Paramakudi |
Ramanathapuram District |
|
18. |
Dindigul |
Dindigul District |
|
19. |
Theni |
Theni District |
|
20. |
|
Salem
District |
|
21. |
Krishnagiri |
Dharmapuri District |
|
22. |
Namakkal |
Namakkal District |
|
23. |
Karur |
Karur District |
|
24. |
|
Part
of Coimbatore District comprising |
|
25. |
Pollachi |
Part
of Coimbatore District comprising Pollachi, Udumalaipettai, Valparai and Palladam Taluks |
|
26. |
Erode |
Part
of Erode District comprising Erode, Kangeyam and Dharapuram Taluks |
|
27. |
Gopichettipalayam |
Part
of Erode District comprising Bhavani, Gopichettipalayam, Perundurai
and Sathiyamangalam Taluks |
|
28. |
Uthagamandalam |
Nilgiris District |
|
29. |
Tirunelveli |
Tirunelveli District |
|
30. |
Thoothukudi |
Thoothukudi District |
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31. |
Virudhunagar |
Virudhunagar District |
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32. |
Nagercoil |
Kanyakumari District |
K. S. SRIPATHI,
Secretary
to Government.