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NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT

Ministry of Law and Justice

Act nº 68 of 1988


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Chapter 6
  • Act nº 68 of 1988

Preamble

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988

[Act, No. 68 of 1988]

[16th December, 1988]

PREAMBLE

An Act to provide for the constitution of an Authority for the development, maintenance and management of national highways and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:--

Chapter 1

Section 1. Short title, extent and commencement

(1) This Act may be called the National Highways Authority of India Act, 1988.

(2) It extends to the whole of India.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

1. Came into force on 15-6-1989, vide S.O. 451(E), dated 15th June, 1989, published in the Gazette of India, Extra., Pt. II,section 3(ii), dated 15th June, 1989.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Authority" means the National Highways Authority of India constituted under section 3;

(b) "Chairman" means the Chairman of the Authority;

(c) "employee" means a person in the full-time service of the Authority;

(d) "member" means a member of the Authority appointed under section 3 and includes the Chairman;

(e) "national highway" means any highway for the time being declared as a national highway under section 2 of the National Highways Act, 1956 (48 of 1956);"

(f) "prescribed" means prescribed by rules made under this Act;

(g) "regulations" means regulations made by the Authority under this Act;

(h) words and expressions used herein and not defined but defined in the National Highways Act, 1956 (48 of 1956) shall have the meanings assigned to them in that Act.

Chapter 2

Section 3. Constitution of the Authority

(1) With effect from such date1as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority to be called the National Highways Authority of India.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Authority shall consist of--

(i) a Chairman;

(ii) not more than five full-time members; and

(iii) not more than four part-time members, to be appointed by the Central Government by notification in the Official Gazette.

1. The National Highway Authority of India has been constituted w.e.f. 15-6-1989, vide S.O. 450 (E), dated 15th June, 1989, published in the Gazette of India, Extra., Pt. II, section 3(ii), dated 15th June, 1989.


Section 4. Term of office and conditions of service of members

The term of office and other conditions of service of the members shall be such as may be prescribed.

Section 5. Disqualifications for appointment as member

A person shall be disqualified for being appointed as a member if he--

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or

(e) has, in the opinion of the Central Government, such financial or other interest in, the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

Section 6. Eligibility of member for re-appointment

Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member.

Section 7. Meetings

(1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be provided by regulations.

(2) If for any reason the Chairman is unable to attend any meeting of the Authority any other member chosen by the members present at the meeting shall preside at the meeting.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman, or in his absence the person presiding, shall have and exercise a second or casting vote.

Section 8. Vacancy in the Authority not to invalidate proceedings

No act or proceeding of the Authority shall be invalidated merely by reason of--

(a) any vacancy in, or any defect in the constitution of, the Authority; or

(b) any defect in the appointment of a person acting as a member of the Authority; or

(c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case.

Section 9. Appointment of officers, consultants and other employees of the Authority

(1) For the purpose of discharging its functions, the Authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be laid down by the regulations.

(2) The Authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary, on such terms and conditions as may be laid down by the regulations.

Section 10. Authority to act on business principles

In the discharge of its functions under this Act, the Authority shall act, so far as may be, on business principles.

Chapter 3

Section 11. Power of the Central Government to vest or entrust any national highway in the Authority

The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.