Arunachal Pradesh State Road (Regulation and Development) Act, 2015
No: 7 Dated: May, 09 2018
THE ARUNACHAL PRADESH STATE ROAD (REGULATION AND DEVELOPMENT) ACT, 2015
(ACT NO. 7 OF 2018)
An Act to consolidate laws relating to Scientific planning and development of road network and connectivity, systematic regulation of road development by giving impetus to safe custody and maintenance of assets in the State for all round economic development and welfare of the people and matters connected therewith and incidental thereto;
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement : (1) This Act may be called Arunachal Pradesh State Road (Regulation and Development) Act, 2015.
(2) It shall extend to the whole of the State of Arunachal Pradesh.
(3) It shall come into force on its date of publication in the Official Gazette.
2. Definitions : In this Act, unless the context otherwise requires : -
(1) 'Building' includes any erection of whatever material and in whatever manner constructed (including a farm building or house for agriculture horticulture purpose and animal sheds) and also includes plinths, door steps, walls (including compound wall and fences) advertisement board and alike ;
(2) 'Building line' means a line on either side of any state road or part of a state road as may be determined in respect of such state road or part by the state road authority under section 13.
(3) 'Collector' means such officer as so appointed collector to perform Section 29 only of “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” (and includes any other authority so appointed by the Government by notification in the Official Gazette, to perform all or any of the functions of the collector under this Act);
(4) 'Competent authority' means the Government of Arunachal Pradesh, or a local authority, or any officer of the State Government or the local authority appointed to be the competent authority for the purposes of this Act ;
(5) 'Control line' means a line on either side of a state road or part of a state road beyond the building line as may be determined by the state road authority under section 13.
(6) 'Driver' means in the case of a vehicle the person in charge or control of the vehicle for the time being, and in the case of animals any person driving, loading, riding or otherwise managing or controlling the animal and the words drive, driving, driven shall be construed accordingly ;
(7) 'Encroachment' means occupation of any state road or part thereof, for the purposes other than traffic and act which causes damage to the state road or any part, thereof, and includes ;
(a) Erection of a building or any other permanent or temporary structure, balconies, porches, facades or projections on, over or overhanging the state road land ;
(b) Occupation of State road land beyond the prescribed period, if any, for stacking building materials or goods of any other description, dumping of earth, trees, bamboos or any material as to reduce the road width, for exhibiting article for sale, for erecting poles, tents, pandals, awnings, arches, platforms, rostrums, hoardings, display boards, statues, monuments of all kinds, steps, ramps and other similar erections or for parking vehicle or stabling domestic animals and poultry and cultivation of any kind including horticulture or for any other purposes ;
(c) Excavation or embankment of any sort made or extended on any state road land; and dumping of waste and filthy material which may cause hygienic and environmental hazards, letting of waste and polluted water or other effluents into the state road and using the state road for bathing, washing, watering and defecation ;
(8) 'State road' means any road, way or land declared as a State road under section 3 and includes any lands acquired or demarcated for construction of a State road, but does not include any national highway as defined or declared as such under the National Highways Act, 1956 (Central Act 48 of 1956) ;
(9) 'State road authority' means the State road authority of Arunachal Pradesh appointed under, Section 4 responsible for construction, maintenance, development and repair of road and bridges and any other authority appointed for the purpose by State Government on its behalf.
(10) 'State road boundaries' means the boundaries of the State road whether visibly demarcated or not, within which the areas of land constituting the State road or land reserved or acquired for widening the State road is contained ;
(11) 'Limited access State road' means a State road access to which is permitted only at points specifically provided or agreed to for the purpose by the State road authority ;
(12) 'Middle of a State road' means in relation to any State road for which plans have been prepared for improvement by the State road authority, the middle of the state road as proposed to be improved in accordance with the plans and where no such plans have been prepared, the point half way between the boundaries of the state road ;
(13) 'Official Gazette' means the Arunachal Pradesh Gazette ;
(14) 'Place of worship' means a building used as a place of religious congregation, prayer or worship established and recognized, and shall include a church, temple or mosque or any other Arunachal Pradesh indigenous site by whatever name called.
(15) 'Prescribed' means prescribed by rules made under this Act ;
(16) 'Public place' means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or dropped by a public vehicle :
(17) 'Standard width of State road' means the width of a State road between its boundaries as prescribed by the State road authority under section 13.
(18) 'State Government' or 'Government' means the Government of Arunachal Pradesh ;
(19) 'Survey' includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey ;
(20) 'Survey mark' means any mark or object erection made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points ;
(21) 'Survey officer' means any person appointed to be a survey officer under this Act ;
(22) 'Vehicle' includes a barrow, sledge, plough, drag and a wheeled or tracked conveyance of any description capable of being used on a state road.
(23) ‘Ribbon development’ means Development/Construction of Agriculture, Horticulture, Industrial, Residential and Commercial infrastructure along the right of way of the State Road.