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KARNATAKA HIGHWAYS RULES, 1965

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R.1 Title

       These rules may be called the Karnataka Highways Rules, 1965.


R.2 Definitions

       In these rules, unless the context otherwise requires,
       (a) "Act" means the Karnataka Highways Act, 1964;
       
       22.Clauses (aa) and (aaa) inserted by GSR 89, dated 30-3-1984, w.e.f. 31-3-1984. [(aa) "Assistant Executive Engineer" means an officer of the State Public Works Department having that designation and being incharge of particular road, bridge, tunnel or causeway located on the Highway and who is appointed by the State Government under Section 6 of the Karnataka Highways Act, 1964 to work under Highway Authority.
       
       (aaa) "Bridge" means a bridge with permanent structures, the cost of which including the cost of the bridge proper, approach roads, guide bunds and protective works as also structures const

R.3 Manner of publication of the notification under Section 7(2)

       In addition to publication of the notification in the official Gazette under sub-section (2) of Section 7, the notification shall be caused to be published in the chavadi of the village and in the office of the Tahsildar of the Taluk concerned in which the highway is situated.


R.4 Places where copies of map to be kept under Section 8

       The Highway Authority shall arrange to keep for inspection a copy of the map referred to in Section 8 at the following places besides its own office;
       (i) office of the Tahsildar of each of the Taluks in which the lands between the highway boundaries and the control lines marked on the map are situated,
       
       (ii) office of each of the Public Works Department sub-divisions in charge of the highway marked on the map.


R.5 Form of application for permission under Section 9.

       An application for permission falling under clause (a) or clause (b) of sub-section (1) of Section 9 shall be made in Form 'A' and for permission falling under clause (c) of that sub-section shall be made in Form 'B'.


R.6 Manner of publication of the Notification under Section 15

       In addition to publication of a notification in the official Gazette under Section 15, such notification shall be caused to be published
       (i) in the office of the Highway Authority;
       
       (ii) in the chavadi of the Village;
       
(iii) office of the Tahsildar of each of the Taluks in which the land in question lies.


R.7 Form of application for permission under Section 21 to occupy Highway Land

       An application for permission to occupy or encroach upon highway land within the highway boundaries under sub-section
       (1) of Section 21 shall be made to the Highway Authority in Form 'C'.
       


R.8 Conditions on which permission to be granted under Section 21 to occupy highway land

       Permission to occupy or encroach on any highway within the highway boundaries 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 highway or the highway drainage;
       
       (ii) 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 other than the one for which permission is granted;
       
       (iii) The structure shall be constructed and maintained to the satisfaction of the Highway Authority;
     &nb

R.9 Rent to be charged for occupation of Highway Land

       The Highway Authority shall charge rent for occupation of or encroachment on a highway within the highway boundaries permitted under Section 21 at the rates prescribed in the Schedule.


R.10 Manner of reference under Section 35 by the Highway Authority or the authorised officer

       (i) An application under Section 35 for reference to the court against the award made under Section 28 shall be in Form 'D'.
       (ii) the Highway Authority or the officer authorised under Section 28 shall make reference under Section 35, by a statement in writing, giving the following particulars namely:
       (a) full particulars of the property or right or interest therein and the nature of damage, if any, thereto in respect of which compensation is awarded;
       (b) the names of the persons whom he has reason to think interested in such compensation;
       
       (2) The statement under sub-rule (1) shall be accompanied by,
       
       (a) a copy

R.11 Form of application under Section 44 for reference against order fixing betterment charges

       An application under sub-section (2) of Section 44 for a reference against an order fixing the betterment charges under Section 42 shall be made in Form 'E'.


R.12 Manner of reference under Section 44 by the officer authorised

       (1) The officer authorised under Section 41 shall make the reference under Section 44 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 44;
   &nb

R.13 Date on which betterment charges shall be payable under Section 47

       The betterment charges shall be payable within ninety days from the date of the communication of the order made under Section 42 or the date of the decision of the Court under Section 44, as the case may be.


R.14 Payment of betterment charges by instalments under proviso to Section 47

       (1) If the owner of any land desires to pay the amount of betterment charges by annual instalments as provided in Section 47, he shall make an application to that effect in writing to the Officer making the order under Section 42 within one month from the date of the communication of the order made under Section 42 or the date of the decision of the court under Section 44, as the case may be. The owner shall state in the application the number of instalments in which he desires to pay the charges. Such number shall not exceed ten.
       
       (2) Interest at the rate of 5 per cent per annum shall be charged on the amount of betterment charges permitted to be paid in instalments.
       
       (3) The instalments shall be so fixed as to secure the full payment of the whol

R.15 Relinquishment or exchange of land tinder Section 48

       (1) If the owner of land desires to relinquish the whole or any part of the land or to deliver it in exchange in favour of the State Government under Section 48, he shall make an application to that effect in writing to the authorised officer within one month from the date on which betterment charges become leviable in respect of such land.
       
       (2) The owner of the land shall state in the application.
       
       (a) full particulars of the land and the amount of betterment charges fixed thereon;
       (b) the area of the land proposed to be relinquished or given in exchange and the value thereof according to the owner;
       (c) particulars of the encumbrances, if any, on the land.

R.16 Prohibition or regulation of traffic when highway considered unsafe under Section 50

       Whenever the Highway Authority closes a highway or portion thereof or regulates the number or speed or weight of vehicles using the highway under Section 50, it shall
       (i) publish a notification in the official Gazette and also in atleast one newspaper circulating in the locality, giving particulars of the restrictions imposed;
       
       (ii) put up notice boards at suitable places along the highway giving particulars of the restrictions imposed;
       
(iii) in case of closure of the highway or portion thereof to all or any class of traffic, put up barriers, as may be necessary, at suitable places with arrangements for display of red light at night.


R.17 Prohibition or restriction of the use of heavy vehicles under Section 51

       Whenever the Highway Authority prohibits or restricts the plying of heavy vehicles under Section 51 it shall:
       (i) Publish a notification in the official Gazette and also in at least one newspaper circulating in the locality giving particulars of the restrictions imposed;
       
       (ii) put up notice boards at suitable places along the highway, giving particulars of the restrictions imposed.


R.18 Rates of toll and its payments

11. Rules 18 to 25 inserted by GSR 89, dated 30-3-1984, w.e.f. 31-3-1984. There shall be levied and paid to the Highway Authority on behalf of the State Government toll on the motor vehicles for the use of bridges, causeways and tunnels at the rates specified in the Second Schedule to the said rules.


R.19 Exhibition of rates of toll

       A Table of tolls authorised to be levied at any bridges, causeways or tunnels shall be put up in a conspicuous place near a collection booth legibly written or printed in Kannada, English and Hindi.


R.20 Procedure for collection/realisation of amount, handling etc

       (1)All tolls levied under these rules shall be collected by the Highway Authority concerned departmentally on behalf of the State Government and for this purpose necessary arrangements shall be made by the Highway Authority concerned for putting up adequate number of collection booths operated manually or by automatic arrangement or by combination of booth as may be considered suitable by the Highway Authority including improvement and widening of approach roads to serve the collection booths so set up.
       
       (2) There shall be posted at either end of the bridge, causeway and tunnel, a Toll Inspector (with necessary police guard to assist) who shall be authorised to collect toll in respect of any motor vehicle crossing the said bridge, causeway and tunnel at the rates specified in the Second Schedule.
      &

R.21 Mode of collection of toll

       (1) Every driver, owner or person incharge of a motor vehicle, required to pay toll under these rules shall before crossing the bridge, causeway or runnel or after having crossed it stop his vehicle at the cross bar, go to the toll collection booth to pay the toll leviable in respect of the vehicle and obtain from the toll Inspector a receipt in duplicate in Form G in token of having paid the toll, before he is allowed to proceed further.
       
       (2) In the event of two or more bridges, causeways or tunnels falling in close proximity to each other within twenty kilometres from a point at the beginning of the approach of entry of the first bridge, tunnel or causeway to be crossed under the jurisdiction of the same Highway Authority, the aggregate toll for all such bridges, runnels or causeways may, if so deemed necessary, be collected from the

R.22 Remittance of toll collected

       (1) The Toll Inspector on duty shall be responsible for the collection and safe custody of the amounts collected towards tolls during the period of his duty and shall not leave his booth till his reliever takes over from him.
       
       (2) The Toll Inspector shall maintain a Cash Register in Form-H and keep it posted uptodate.
       
       (3) The Toll Inspector shall at the end of the period of his duty, handover the amount collected by him to his reliever after obtaining the signature of the latter in the relevant column of the Cash Register.
       
       (4) Every day between the hours of 4 and 5 in the afternoon the Toll Inspector on duty shall handover the entire amount of toll collect

R.23 Submission of returns

       The Highway Authority concerned shall furnish to the Accountant-General in Karnataka, Bangalore every quarter in the first week of April, July, October and January,
       (i) a consolidated statement showing monthwise the amounts collected and remitted on account of toll proceeds in respect of each bridge, causeway or tunnel alongwith the details of number and date of the demand draft with which this amount was remitted.
       
       (ii) break-up of the monthwise expenditure incurred on each bridge, causeway or tunnel by the Highway Authority required to be reimbursed on account of collection of the toll on the basis of actual expenditure incurred.


R.24 Reimbursement of collection charges

       (1) The collection charges shall not exceed 12 per cent of the total collections. The collection charges shall be reimbursed to the Highway Authority in the manner indicated in sub-rule (2).
       
       (2) Payment of the amounts in reimbursement of the expenditure incurred, by the Highway Authority on collection of toll not exceeding 12 per cent of the total collection of toll shall be made by the State Government by specific payment sanctions from out of the specific budget provision to be made by the State Government in its budget from year to year.


R.25 Assistance by police

       All police officers of the area in whose jurisdiction the bridges, causeways and tunnels fall shall be bound to assist the Toll Inspectors, when required in the collection of toll under these rules, and for that purpose, shall have the same power which they have in exercise of their normal police duties.


Sch.1 Table showing the rents to be charged for temporary occupation of highway land

       SCHEDULE [See Rule 9] SCHEDULE 1
       
       [See Rule 9]
       
       Table showing the rents to be charged for temporary occupation
       
       of highway land
       
       Purpose for which highway land occupied
        Rent to be charged
       
       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 21/2

Sch.2 SCHEDULE

       SCHEDULE [See Rule 18]
       SCHEDULE 2
       
       [See Rule 18]
       
       SI. No.
        Particulars of vehicles
        Toll for bridges, cause ways and tunnels costing more than rupees fifty lakhs and constructed on or after 1-4-1983
       
       1.
        Motor cycle, scooter or any other two wheeled mechanically propelled vehicles
        Nil
       
       2.
        Autorik

APPENDIX.A FORM 'A'

       FORM 'A'
       [See Rule 5]
       Form of application for permission under Section 9(2) for purposes specified in Section 9(1)(a) and (b) of the Karnataka Highways Act, 1964
       1. Name of applicant (in full) 2. Age 3. Address (in full) 4. Interest of the applicant in the property to which the application relates (A certified copy from the Record of Rights or Property Register should be attached) 5. Purpose for which permission is sought (give full details) 6. Particulars of Land on which the work is to be carried out(a) Survey No. (b) Hissa No. Pot Hissa No.(c) Total area of the plot in possession of the applicant(d) Area of the land to be used out of (c) above for the work 7. Name of the highway along which the property is situated, with mile number and furlong number of K.M. to be fully

APPENDIX.B FORM 'B'

       FORM 'B'
       [See Rule 5]
       Form of application for permission under Section 9(2) for purposes specified in Section 9(1)(c) of the Kamataka Highways Act, 1964.
       1. Name of the applicant (in full) 2. Age 3. Address (in full) 4. Whether owner or tenant of the building to which the applicant relates. If the latter whether permission of the owner for the change of use is obtained 5. Purpose/s for which the building is used at present 6. Purpose/s for which the building is proposed to be used 7. Whether the proposed change of use of the building involves any additions or alterations to the structure. If so, give particulars 8. Whether the present/proposed use of the building attracts/will attract a large number of vehicles or crowd of people in front of the building. If so, give a ro

APPENDIX.C FORM C

       FORM C
       [See Rule 7]
       
       Form of application for grant of permission under Section 21 of the Karnataka Highways Act, 1964 for temporary occupation or encroachment on highway (within highway boundaries).
       1. Name of the applicant (in full)
       2. Address of the applicant (in full)
       3. Purpose for which permission is required
       4. Name of the highway and exact location of the highway land to be occupied (mention mile No. and furlong number or K.M. and attach a sketch)
       5. Area of highway lands to be occupied
       6.

APPENDIX.D FORM 'D'

       FORM 'D'
       [See Rule 10]
       Form of application under Section 35 of the Karnataka Highways Act, 1964 for reference to court against award made under Section 28.
       (1) Name of the applicant (in full)
       (2) Occupation
       (3) Age
       (4) Address
       (5) Number and date of award under Section 28 of the Act
       (5-A) Date on which the award was communicated to the applicant
       (6) Particulars of land to which the reference relates
       Survey No.Hissa No.
       Village.. .Taluk
&

APPENDIX.E FORM 'E'

       FORM 'E'
       [See Rule 11]
       Form of application under Section 44 of the Karnataka Highways Act, 1964 for reference to Court, against order made under Section 42, fixing betterment charges.
       1. Name of the applicant (in full)..............
       2. Occupation...........................
       3. Age...............................
       4. Address.............................
       5. Number and date of order under Section 42 of the Act.......
       5-A. Date on which the order was communicated to the applicant . . .
       6. Particulars of land to which reference relates<

APPENDIX.F Agreement to be entered into under the proviso to Section 47

       FORM 'F'
       [See Rule 14(14)]
       
       Agreement to be entered into under the proviso to Section 47
       
       This agreement made at.....the.....day of.....one thousand nine hundred and sixty between the Governor of Karnataka (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 possessed of and otherwise sufficiently entitled free from encumbrances to the piece of land situated at more particularly

APPENDIX.G FORM 'G'

       FORM 'G'
       [See Rule 21]
       R. No......
       Receipt for payment of toll
       Name of bridge(s), tunnel(s) or causeway(s)
       1. Description of motor vehicle with Registration Number
       2. Whether laden or unladen or with or without passengers
       3. Time and date of outward journey
       4. Name of driver and/or owner
       5. Amount of toll paid
       
Signature of Toll Inspector.


APPENDIX.H Cash Register

       FORM 'H'
       [See Rule 22(2)]
       
       Cash Register
       SI.No. Date Vehicle Number Name of person paying the toll Number of receipt by which toll paid 1 2 3 4 5
       
       Amount of toll paid Progressive figures of toll paid Signature of toll Inspector Signature of successor Toll Inspector Signatures of Assistant Executive Engineers Remarks 6 7 8 9 10 11


APPENDIX.I FORM 'I'

       FORM 'I'
       [See Rule 22(7)]
       Register showing record of toll collection and remittance on account of toll collected on bridges, causeways and runnels
       SI.No. Name of the Assistant Executive Engineers Amount collected from the Toll Inspector Date of receipt Name of the Bank from which demand draft is purchased 1 2 3 4 5
       
Number of demand draft and date Amount of demand draft Details of despatch of demand draft Postal Registration No. of despatch of demand draft Remarks 6 7 8 9 10


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