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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.

(4) If any objections(s) or suggestion(s) is (are) received from


general public the same shall be considered by the Government
and after adjudication upon the objection(s) or suggestion(s), road
infrastructure map shall be finalized and this information shall
also be made public through notice in the news paper having wide
circulation and Rajpatra, Utarakhand. In case of further addition
and alternation in the Road Infrastructure map by the Executive
Engineer, the entire procedure as prescribed under sub rules (1) to
(3) of this rule shall be followed again.
(5) After finalization of road infrastructure map, the same shall
remain available in the office of Executive Engineer concerned as
reference record and the copy of same shall be supplied by the
Executive Engineer to the Work Inspector and the Prescribed
Authority having respective jurisdiction free of cost in order to
check contravention of section 3 and Section 7of the Act, and
also granting facility under section 14 of the Act, to the persons
applying for the same.
(6) Any person by making an application may obtain certified copy
of the road infrastructure map on payment of fee at the rate of
Twenty five rupees per page of paper of the size of A-2 from
Executive Engineer concerned and may also inspect the same in
the concerned division on payment of inspection fee at the rate of
ten rupees per hour against proper receipt in Form-IV, which
shall be deposited in the Government Treasury by the Executive
Engineer under receipt head of account of Government of
Uttarakhand.

Maintenance of (A) () Executive Engineer shall maintain a register to be called the


Road land Road Land Infrastructure Register in the form specified in the
Infrastructure Form V in which the particulars of the land situated within the
records jurisdicion of the Executive Engineer of which the
Governnnent is the owner under section 2(p),2(q)(i) shall be
entered.In addition to the Road Land Infrastructure Register
specified in sub- rule (1), every Executive Engineer shall
maintain a record containing all the particulars of the land
situated within the jurisdiction of the Executive Engineer of
which the Government is the owner, in the form specified in the
Form- Vin electronic mode to be called as the Electronic Road
Land Infrastructure Register.
(2) Every page of the Road Land Infrastructure Register shall be
consccutively numbered and on the first page of the register, the
Officer or the Senior Officer, as the case may be, shall
authenticate the number of pages which the register contains and
he shall, from time to time, inspect the register and ensure that
the entries made therein are correct.

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.

(2) If after the issue of notice by the Prescribed Authority under


clause (b) of sub-rule (1) of this rule, the aggrieved party files
objection(s), the Prescribed Authority before passing final order
shall give him a reasonable opportunity of being heard and shall
pass order for the imposition of penalty with costs as specified
under sub-section(2) of section 11 of the Act, as the case may be.
(3) After the expiry of ten days, if the impounded Motor Vehicle,
Machinery or goods, as the case may be, remains impounded
with Prescribed Authority without payment of fine and cost of
removal under section 7 of the Act, the Prescribed Authority
shall forward the matter to the Contirmatory Authority, who shall
take actionunder sections46 of the Uttarakhand Police Act, 2008
withinfifteen days for disposal of the abandoned property.
(4) The order passed by Work Inspector or Prescribed Authority
shall be sent by him to the Confirmatory Authority either on the
same working day or the next working day positively for its
confirmation and the order, if, confirmed shall be final.
(5) If the Work Inspector or the Preseribed Authority both fails to
take action as specified in
this rule for contravention clauses
of any
(a) and (b) of sub-rule (1) of
and for providing facility under prohibited14acts under the Act
Confirmatory Authority shall reportsection the
of the Act, the
matter to the Chief
Engineer of the Zone concerned within seven days from the date
of his knowledge for not taking action under
section 5 of the Act.
(6) Before sending the matter to the Chief Engineer in
Zone concerned, the Confirmatory Authority shallcharge of the
powers vested in Work Inspector and Prescribed exercise the
clauses (a) and (b) of sub-rule (1) of this rule andAuthority
itself
under
issue the
notice to the defaulter in Form-II for
acts and also take action for providing contravention of prohibited
facility under section 14 of
the Act, and only thereafter, it shall
forward the case to the Chief
Engineer of the Zone concerned.
Procedure for 5. (1) In case of default to recover the cost and
Recovery of penalty, thePrescribed
Cost and
Authority shall determine the cost and penalty recoverable, as per
the provisions of clauses (1) and (2) of sub
Penalty 11 of the Act, which shall be section (2) of section
recovered by the Confirmatory
Authority by making a request to the concerned Collector to
recover the same as arrears of Land Revenue Recovery.
(2) The proceeds received under the act on
and fee shall be deposited in the account of costs, penalty
Government
Confirmatory Authority under receipt head Treasury by the
of account of
Government of Uttarakhand.
Interpretation 6. If any question arises relating to the
rules, the same shall be referred to implementation of these
the Government for its
decision and the decision of the Government shall
be
implemented.
Redressal of 7. The Government may issue
which shall be effective from guidelines
grievance to redress the grievances
the date of its issue.
Power to relax 8.
Where the Government is of the opinion that it is
expedient to do so, it may for reasons to be recordednecessary
in
or
relax any of the provisions of these rules. writing,

(Dr. Pankaj Kumar Panday)


Secretary
FORM-I
(See rule 4(1)(a)
(Notice tobe issued (in duplicate) by theWork Inspector under clause(a) of sub- rule (1)of
rule 4 of the Uttarakhand Road Infrastructure Protection Rules, 202.3)
To.....
(Name of the defaulting person with permanent address)
Subject: Notice under rule (4)(1)(a) of Uttarakhand Road Infrastructure Protection Rules,
2023 for contravention of prohibited acts on road infrastructure as provided under
section 3 of the Uttarakhand Road Infrastructure Protection Act, 2014.

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.

(Nameof the defaulting person with permanent address)


Subject: Notice under sub rule (4)(l)(b) of Uttarakhand Road Infrastructure
2023 for contravention of prohibited acts on road infrastructure as
Protection Rules,
3of the Uttarakhand Road Infrastructure Protection
provided undersection
Act,2014.
Sir/Madam,
It has come to the notice that on Road infrastructure belonging to the Government of
Uttarakhand. as per enclosed sketch, you are carrying on work of
on the portion of road which has caused damage or is likely to
cause further damage to the Road Infrastructure at chainage
of road
(name) .The said activity is prohibited
under ) section 3 of the Uttarakhand Road infrastructure Protection Act,
2014.

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

The Executive Engineer.

Subject: Application under rule 3(5) for permission to avail facility as provided under section
14 of Uttarakhand Road Infrastructure Protection Act, 2014.

1. Name of the person seeking permission:


2. Father's Name:
3. Address:
4. Facility to be availed:
5. a) if approach road then sanction letter
of the house construction of the competent
Authority/Department.
b) If any other facility as specified under
clause (i) to (vi)of section 14 is sought then complete map in the sketch may be annexed.
6. Description enclosure.
7. Any other information.
8. Whether previously such permission has
been sought or not? If yes its date:
9. Amount of the work so deposited in the department
alongwith copy of receipt.
I, do hereby solemnly affirm that the particulars alongwith
documents in the above form so given by me are true and correct. No part of it is wrong
nothing has been concealed in it. I, further declare that in case of failure to comply with and
the
requirement (s) as required from me, the same amount as per the provisions of section-11 of
Uttarakhand Road Infrastructure Protection Act, 2014 may be recovered from me.

Place: (Signature of the Applicant)


Time:
Date:
FORM-IV
See rule- 3(6)
GOVERNMENT OF UTTARAKHAND GOVERNMENT OF UTTARAKHAND
PUBLICWORKS DEPARTMENT PUBLIC WORKSDEPARTMENT
DIVISION... RECEIPT FOR PAYMENT TO GOVERNMENT
SUB-DIVISION
Book No. NO. Place
Book No. No..

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

Note- Information is to be maintained kilometer-wise in this register.


FORM-VI
[See Rule 4]
Bill for recovery of cost of removal of
unauthorized occupation and fine imposed

1. Name of person to whom the


Bill is to be served
2. Father's Namne
3. Address (with telephone No.)
4. Location of unauthorized occupation with
Road Name and kilometrage.
5. Expenditure incurred (in rupees) in removing unauthorized occupation/in
Making construction including alteration of construction/in repairing damage
Additional Charge
Fine imposed

Total

Signature of the officer issuing the bill


Seal

Place
Date

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