3. Establishment of Highway Administrations.—(1) The Central Government shall, by notification
in the Official Gazette,—
(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers
of the Central Government or the State Government to be known as Highway Administration to
exercise powers and discharge functions conferred on it under this Act; and
(b) define the limits of the Highway within which, or the length of Highway on which, a Highway
Administration shall have jurisdiction:
Provided that the Central Government may, in the notification issued under this sub-section or by
any general or special order, impose any condition or limitation subject to which a Highway
Administration shall exercise powers and discharge functions conferred on it under this Act.
(2) The Central Government may establish one or more Highway Administrations for a State or
Union territory or for a Highway under sub-section (1).
(3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and
discharge functions conferred on it under this Act in such manner as may be prescribed.
4. Powers and functions of Highway Administration.—A Highway Administration shall exercise
powers and discharge functions throughout its jurisdiction specified under this Act subject to such
conditions or limitations as may be imposed by the notification issued under sub-section (1) of section 3
and by any general or special order made in this behalf by the Central Government.
1. Clause (l) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
2. Subs. by Act 7 of 2017, s. 167, for the heading (w.e.f. 26-5-2017).
3. The words “AND TRIBUNALS, ETC.” omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
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5. [Establishment of Tribunals.]—Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 24
(w.e.f. 4-4-2021).
6. [Composition of Tribunal.]—Omitted by the Finance Act, 2017 (7 of 2017), s. 167
(w.e.f. 26-5-2017).
7. [Qualifications for appointment as Presiding Officer.]—Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
8. [Term of office.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
9. [Staff of Tribunal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
10. [Salary and allowances and other terms and conditions of service of Presiding Officer.] —
Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
11. [Vacancies in Tribunal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
12. [Resignation and removal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
13. [Financial and administrative powers of Presiding Officer.]—Omitted by s. 167, ibid.
(w.e.f. 26-5-2017).
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[14. Appeal.—An appeal from any order passed, or any action taken, excluding issuance or serving
of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer
authorised on its behalf, as the case may be, shall lie to the Court.]
15. [Bar of jurisdiction.]—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 24
(w.e.f. 4-4-2021).
16. [Procedure and powers of Tribunal.]—Omitted by s. 24, ibid., (w.e.f. 4-4-2021).
17. Conditions as to making of interim order.—Notwithstanding anything contained in any other
provision of this Act or in any other law for the time being in force, no interim order (whether by way of
injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an
application or appeal unless—
(a) copies of such application or appeal and of all documents in support of the plea for such
interim order are furnished to the party against whom such application is made or appeal is
preferred; and
(b) opportunity is given to such party to be heard in the matter:
Provided that the 2
[Court] may dispense with the requirements of clauses (a) and (b) and make an
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is
necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may
be; which cannot be adequately compensated in money; but any such interim order shall, if it is not
sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is
made unless the said requirements have been complied with before the expiry of that period and the
2
[Court] has continued the operation of the interim order.
18. [Execution of orders of Tribunal.]—Omitted by Act the Tribunals Reforms Act, 2021 (33 of 2021),
s. 24 (w.e.f. 4-4-2021).
19. Limitation.—Every appeal to the 2
[Court] under this Act shall be preferred within a period of
sixty days from the date on which the order appealed against has been made:
Provided that an appeal may be admitted after the expiry of the said period of sixty days, if the
appellant satisfies the 2
[Court] that he had sufficient cause for not preferring the appeal within the
specified period.
1. Subs. by Act 33 of 2021, s. 24, for section 14 (w.e.f. 4-4-2021).
2. Subs. by s. 24, ibid., for “Tribunal” (w.e.f. 4-4-2021).
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20. Appointment of officers to act on behalf of Highway Administration.—(1) The Highway
Administration may, if it thinks fit after the approval of the Central Government, by notification in the
Official Gazette, appoint such—
(a) gazetted officer of the Central Government; or
(b) gazetted officer of the State Government; or
(c) officer of the National Highways Authority of India constituted under section 3 of the
National Highways Authority of India Act, 1988 (68 of 1988) or any other authority constituted under
any other enactment, equivalent to a gazetted officer of the Central Government or the State
Government,
to exercise such powers and discharge such functions of the Highway Administration as may be specified
in the notification.
(2) The Highway Administration may specify in the notification under sub-section (1), the limits of
the Highway within which or the length of the Highway on which an officer appointed under that
sub-section shall exercise the powers and discharge the functions.
21. Delegation of powers.—The Central Government may, by notification in the Official Gazette,
direct that any power exercisable by it (except the powers conferred by section 50) under this Act shall,
subject to such conditions, if any, as may be specified in the notification, be exercisable by a State
Government or any other authority or an officer of the State Government as may be specified in the
notification.
22. Power to transfer jurisdiction.—The Central Government may, at any time, by notification in
the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (b) of
sub-section (1) of section 3 to other Highway Administration, and on the transfer the Highway
Administration shall cease to have and such other Highway Administration shall, subject to the
conditions, if any, specified in the notification, have all the powers and authority exercisable by the
Highway Administration before such transfer of jurisdiction.