Professional Documents
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In pursurance of provisions of Clause (3) of article 348 of the
Constitution of India, the Governor is
pleased to order the publication of the following English translation of Notification No... .for
general information:
Government of Uttarakhand
Public Works Department Secton-2
No.3269 /I(2) /2023--45(GEN)/2005
Dehradun: Dated 8 September,2023
Notification
Miscellaneous
In exercise of the power conferred by section 20of the Utarakhand Road Infrastructure Act, 2014, the
Governor ispleased to make the following Rules:
The Uttarakhand Road Infrastructure Protection Rules, 2023
Short Title and 1. (1) These rules may be called the Uttarakhand Road Infrastructure
Commencement Protection Rules, 2023
(2) They shall come into force at once.
Definitions- 2.. (1) Inthese rules, unless the context otherwise requires,
(a) "Act" means the Uttarakhand Road Infrastructure Protection Act,
2014 (Act15 of 20 14);
(b) "Form means a form appended to these rules;
(c) "Motor vehicle means any mechanically propelled vehicle
adapted for use upon roads whether the power of propulsion is
transmitted thereto from an external or internal source and
includes a chassis to which a body has not been attached and a
trailer and shall also include bullock cart etc.; but does not
include a vehicle running upon fixed rails:
(d) Section means a section of the Act;
(e) Schedule' means a schedule annexed to these rules;
(t) 'Officer means any authority referred to in clause (e) of section 2
of the Act;
(g) Senior Officer means any authority referred to in clause (b) of
section 2 of the Act; and
(h) 'Official Gazette' means official Gazette ofUttarakhand:
(2) Words and expressions used in these rules which are not defined
in this rules but are defined in the Act shall have the same
meanings assigned to them in the Act.
Procedure for 3. () The Executive Engineer concerned along with Revenue staff shall
preparation of fix different Building lines, Control line, Controlled area and
Road Acquired land area of the road infrastructure within his
Infrastructure jurisdiction and shall prepare a map on a scale of 1:500, as
Map required under sub sections ()and (2) of section 4 of the Act,
which shall be signed jointly by the Executive Engineer and the
Assistant Collector of Revenue Department.
(2) Upon finalization of road infrastructure map by the Executive
Engineer concerned, the same shall be forwarded to the Chief
Engineer in charge of the Zone concerned of the department
within fifteen days for his approval.
(3) After the approval of the road infrastructure map by the Chief
Enginecr in charge of the Zone concerned, the same shall be
forwarded to the Government for inviting objection(s) or
suggestions(s) from general public through notice published in at
least two newspaper printed in Hindi &English language having
wide circulation in Uttarakhand. If no objections(s) or
suggestion(s) is received within Sixty days from the date of its
publication, the same shall be deemed to have become final.
Claim for (B) (1) Any person claiming against the ownership of the Government
correction of referred to in section 2(p), 2(q)) and desirous of getting a
records correction carried out in the Road Land Infrastructure Register,
shall make written complaint to the Executive Engineer or the
Senior officer, as the case may be and prove his claim before him
and Executive Engineer or the Senior officer as the case may be,
may after considering the evidence produced by such person
order to correct the concerned entry in the Register or reject the
claim.
(2) Where the Officer or the Senior Officer, as the case may be,
orders to correct any entry in the Road Land Infrastructure
Register, such correction shall be made in that Register by the
concerned official of the Executive Engineer and it shall also be
signed by such official and countersigned in red ink by the
officer or the Senior Officer, as the case may be, within 7 days
from the date of the order.
Procedure for 4. (1) Upon noticing the occurrence of any prohibited act on road
conduct of infrastructure under section 3of the Act, by the Work Inspector
Proceeding or Prescribed Authority, as the case may be, notice in Form-I and
II, as the case may be, shall be issued by the Work Inspector or
the Prescribed Authority to the defaulter in person or in his
absence upon any adult member of the family or by fixing a copy
on the outer door of the house in which the person therein named
ordinarily dwells or carries on business, to stop forthvwith the
prohibited act on ro¡d infrastructure and order the restoration of
status quo of the road infrastructure within three days. The Work
Inspector or Prescribed Authority shall be competent to issue
notice to the defaulter for following prohibited actsS on road
infrastructure namely:
(a) Work Inspector shall be competent to issue notice only for
violation of prohibited acts on road infrastructure as provided
under clause (iv), (v), (vi), (x), (xi), (xii) and (xiv) of section 3 of
the Act.
(b) Prescribed Authority shall be competent to
contravention of all prohibited acts on road issue notice for
infrastructure as
provided under sections 3 and 7 of the Act, for the
abandoned Motor vehicle or machinery or goods, asremoval
the
of
case
may be, on road infrastructure lying abandoned thereon and shall
alsoimpound the same and keep the same in the store of Division
Authority
or Sub-Division of the department. The Prescribed
shall also recover the cost of removal as well as penalty as
specified, in Form-6, under section 7 of the Act.
concerned or
(c) Such notice or bill may be served to the person
thereof or
presented to him by a messenger handing over a copy
obtaining his signature on another copy thereof;
such notice or bill is not
(d) In case the service or presentation of shall be
notice or bill
easily possible under clause (c), then, such
speed post at
sent to the person concerned by registered post or to
his known residence and the delivery of such registered post such
presentation to him on
such person shall be the service on or
refuses to receive
notice or bill, as the case may be and in case he
of such refusal by
such registered post or speed post, the remarks be deemed to be
a post office official on the registered post shall notice or
person of such
the service on, or presentation to, such
bill, as the case may be;
or bill is not
(e) In case the service or presentation of such notice
of
physically possible under clause (c) and (d), then, the contents
such notice or bill shall be published in a newspaper having
circulation in the locality where the person concerned actually or
voluntarily resides or carrieson business or personally works for
of
gain and such publication shall be deemed to be the service
such notice or bill, as the case may be, on such person or
presentation thereof to him.
Sir/Madam,
It has come to notice that on Road infrastructure belonging to the Governmernt of
Uttarakhand, as per enclosed sketch,you are carrying on prohibited activities on a portion of road which
has caused damage or islikely to cause further damage tothe Road Infrastructure at chainage
of road (name) The said activity is prohibited
under section 3 of the Utarakhand Road Infrastructure Protection Act, 2014.
Hence, by way of present notice under section 5 of the Act the undersigned being
competent to do so, hereby, directs you to stop the said prohibited activity at once. You are, further
directed to start within three days of the receipt of this notice the process of restoration of the damage
so caused and complete the same within one week. Failing which the work of restoration of status quo
ante shall be initiated by the department at your risk and cost alongwith restoration cost so imposed by
the Confirmatory Authority as per provisions of sub-section.(4) of section 6 of the Act.
Please acknowledge the receipt.
WORK INSPECTOR
(Complete Designation)
Place:
Time:
Date:
Copy forwarded for information and further necessary action to:
1. Prescribed Authority.
2. Executive Engineer (Confirmatory Authority)
WORK INSPECTOR
FORM-II
FORM-II
(See rule 4(|)(b)
(Notice to be issued (in duplicate) by the Prescribed
() of Rule 4 of Uttarakhand Road Authority under clause(b) of sub- rule
Infrastructure Protection Rules, 2023)
To.
Hence, the undersigned in exercising of the powers vested in him under section 5 of the
Act, issues the present notice to you with the direction to stop the said
are. further directed to start within three days from the
prohibited activity at once. You
date of receipt of this notice the process of
restoration of the damage caused to the road infrastructure and complete the same
Failing which, the work of restoration of status quo ante shall be within one week.
initiated by the department at your risk
and cost alongwith restoration cost so imposed by the
Confirmatory Authority as per the provisions of
sub-section (4)of section 6 of the Act.
Please acknowledge the receipt.
Prescribed Authority
Place: (Complete Designation)
Time:
Date:
Copy forwarded for information and further necessary action to:
1. Executive Engineer
(Contimatory Authority)
Prescribed Authority
(Complete Designation)
FORM-III
(See rule 3(5)
APPLICATION UNDER RULE 3(5)OF UTTARAKHAND ROAD INFRASTRUCTURE
PROTECTION RULES, 2023 FOR PERMISSION TOAVAIL FACILITY WITH RESPECT TO
ROAD INFRASTRUCTURE AS PROVIDED UNDER SECTION14 OF THE ACT)
To
Subject: Application under rule 3(5) for permission to avail facility as provided under section
14 of Uttarakhand Road Infrastructure Protection Act, 2014.
Dated.. DIVISION........SUB-DIVISION.....Dated...
Received from
Received from
rupees
on account of.
rupees .....onaccount of......
Cashier Signature
Dated initialof cashier or Dated initial of Or
Accountant official granting Accountant Designation
receipt
FORM-V
|See Rule 3A (1)|
Road Land Infrastructure Register
Name of Road.
K.M. No.
District of ,
S.No Name of Tehsil/Sub Name of Plot No./Khasra Area of the Land in
Division Village/Mohalla No. (hectares)
1 2 3 4
Total
Place
Date