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Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "e3c98e809cbaa364572ae4eeb3725f7390547386e7bee85cf5750a0251bf1e8d", "source_sha256": "e3c98e809cbaa364572ae4eeb3725f7390547386e7bee85cf5750a0251bf1e8d", "text_version_id": "law:pk-code-3ceb205b4f7efa68:sha256:e3c98e809cbaa364572ae4eeb3725f7390547386e7bee85cf5750a0251bf1e8d", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 14 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE NATIONAL HIGHWAY AUTHORITY ACT, 1991 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY \r\n \r\n3. Establishment of National Highway Authority \r\n4. Purpose and functions of Authority \r\n5. National Highway Council \r\n6. Powers and function of the Council \r\n7. Executive Board \r\n8. Powers and functions of the Executive Board \r\n9. Chief Executive Officer, his duties, functions and powers \r\nCHAPTER III \r\n \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n10. The power of the Authority \r\n11. Plans and schemes \r\n12. Powers to eject unauthorized occupants \r\n\r\n \r\n Page 2 of 14 \r\n \r\nCHAPTER IV \r\n \r\nESTABLISHMENT \r\n13. Appointment of officers, servants etc. \r\n14. Recruitment and condition of service \r\n15. Chief Executive Officer, etc., to be deemed to be public servants \r\n16. Delegation of powers to Chief Executive Officer, etc. \r\n17. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to apply \r\n18. Persons serving National Highways Board \r\n19. Authority to be local authority \r\n ________ \r\nCHAPTER V \r\n \r\nREPORTS AND STATEMENTS \r\n \r\n20. Submission of yearly reports and returns, etc. \r\n ________ \r\nCHAPTER VI \r\n \r\nFINANCE \r\n \r\n21. National Highway Authority Fund \r\n22. Maintenance of accounts \r\n23. Annual statement of accounts \r\n24. Audit \r\nCHAPTER VII \r\n \r\nMISCELLANEOUS \r\n25. Recovery of arrears due as arrears of land revenues \r\n26. Land acquisition \r\n27. Transfer of rights and liabilities \r\n28. Authentication of orders and other instruments of the Authority \r\n29. Power to enter \r\n30. Indemnity, etc . \r\n31. Rules \r\n32. Regulations \r\n33. Removal of difficulties \r\nSCHEDULE \r\n \r\n Page 3 of 14 \r\n \r\nTHE NATIONAL HIGHWAY AUTHORITY ACT, 1991 \r\n \r\n*ACT NO. XI OF 1991 \r\n[16th June, 1991] \r\nAn Act to establish a National Highway Authority \r\nWHEREAS it is expedient to establish a National Highway Authority for pl anning, \r\ndevelopment, operation and maintenance of National Highways and strategic roads and to provide \r\nfor matters connected therewith or incidental thereto; \r\nIt is hereby enacted as follows: — \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement.—(1) This Act may be called the National \r\nHighway Authority Act, 1991. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subj ect or \r\ncontext,⎯ \r\n \r\n(a) “Auditor General” means the Auditor General of Pakistan; \r\n(b) “Authority” means the National Highway Authority established under section \r\n3; \r\n(c) “Board” means the Executive Board of the Authority; \r\n1[(ca) “CDWP” means the Central Development Working Party;] \r\n \r\n 2[(d) “chief executive officer” means the chief executive officer of the Authority;] \r\n(e) “Council” means the National Highway Council; \r\n1[(ea) “ECNEC” means the Executive Committee of the National Economic \r\nCouncil;] \r\n2[(eb) “executive member” means a member of the Board;] \r\n2[(f) “member” means member of the Council;] \r\n2[(fa) “motorway” means a fully controlled access road designed and built for high \r\nspeed mobility of motor traffic ensuring international safety standards which \r\n \r\n*This Act shall apply to FATA, vide S.R.O. No. 488 (I)/ 98, dated 26-5-1998, with certain amendments in sections, 12 and 19. Also applied \r\nto NA, vide S.R.O., 446(I)/2000, dated 5-7-2000. \r\n1Ins. by Ordinance No. XXXI of 2001, s. 2. \r\n2Subs. and ins. by Act No. IX of 2024, s. 2. \r\n \r\n Page 4 of 14 \r\n \r\ndoes not serve the properties bordering on it except at special points, has \r\nseparate carriageway for the two directions of traffic separate from each other \r\neither by a divided strip not intended for traffic or by other means, does not \r\ncross at level w ith any road, railway, tramway, cycle track or footpath and \r\ndeclared motorway by , the Federal Government by notification in official \r\nGazette and specified in Part III of the Schedule; \r\n(fb) “motorway link road” means a fully controlled access road as descri bed in \r\nclause (fa) including slip roads or ramps leading to an from motorways;] \r\n1[(g) “National Highway” means a highway primarily designed for inter -provincial \r\nor cross-border connectivity and placed under the jurisdiction of the Authority \r\nby the Federal Government by notification in the official Gazette and specified \r\nin Part I of the Schedule or any other strategic road and motorway included in \r\nPart II and Part III of the Schedule respectively and declared as such by the \r\nFederal Government by notification in the official Gazette;] \r\n1[(h) “Chairman” means Chairman of the Council;] \r\n(i) “Regulations” means regulations framed under this Act; \r\n(j) “Right of Way” ( ROW) m eans the l and acquired for the pu rpose of \r\nconstruction of a National Highway or any oth er road assigned to the \r\nAuthority; \r\n(k) “road” means a road including land within the right of way and all works, \r\nsuch as, carriageways, cartways, footpaths berms, side drains, culverts, \r\nbridges, tunn els, fences, posts, si gn boards, plantation and lighting \r\narrangements, intersections and medians assigned to the Authority; \r\n(l) “rules” means rules made under this Act; 2[and] \r\n1[(la) “Schedule” means the Schedule to this Act; \r\n(lb) “SOE Act” means the State -Owned Enterprises (Governance and Operations ) \r\nAct, 2023 (VII of 2023);] \r\n1[(m) “strategic road” means a road having strategic importance or defense \r\nrequirements not limited to cross -border connectivity as specified in Part II of \r\nthe Schedule after having been declared as such by the Federal Government by \r\nnotification in the official Gazette on the recommendations of the Council.] \r\n(n) 1[* * * * * * *] \r\n _____________ \r\n \r\n1Subs. and ins. by Act No. IX of 2024, s. 2. \r\n2Added and omitted by Ordinance No. XXXI of 2001, s. 2. \r\n \r\n \r\n Page 5 of 14 \r\n \r\nCHAPTER II \r\n \r\nESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY \r\n3. Establishment of National Highway Authority.—(1) As from the commencement of \r\nthis Act there shall be established for carrying out the pu rposes of this Act, an Authority to be \r\nknown as the National Highway Authority. \r\n(2) The Authority shall be a body corporate having perpetual succession and a common seal \r\nwith power to acquire, hold and dispose of property, and may by its name sue and be sued. \r\n(3) The headquarters of the Authority shall be at Islamabad. \r\n1[(4) Notwithstanding anything contained in this Act, the SOE Act, including sections 12, 15 \r\nand 22 thereof, shall apply to the provisions of this Act and in case of any inconsistency between the \r\nprovisions of this Act and the SOE Act, the provisions of the SOE Act shall prevail. \r\n(5) The Authority shall be governed by the Council which shall act as the Board as defined in \r\nsub-clause (ii) of clause (b) of section 2 of the SOE Act.] \r\n4. Purpose and functions of Authority.—The purpose and functions of the Authority shall \r\nbe to plan, promote, organise and implement programmes for construction, development operation, \r\nrepairs and maintenance of 1[national highways, motorways and strategic roads] specially entrusted \r\nto it by the Federal Government, or by a Provincial Government or other authority concerned. \r\n1[5. National Highway Council.—(1) There stands established the National Highway \r\nCouncil consisting of— \r\n \r\nS.No. Membership Status \r\n(1) (2) (3) \r\n(a) One of the independent Members appointed by the \r\nFederal Government. \r\nChairman \r\n(b) Secretary of the Finance Division or his nominee not \r\nbelow the rank of Additional Secretary or equivalent \r\nMember \r\nex-officio \r\n(c) Secretary of the Planning, Development and Special \r\nInitiatives Division or his nominee not below the rank of \r\nAdditional Secretary or equivalent \r\nMember \r\nex-officio \r\n(d) Secretary of the Communications Ministry or his \r\nnominee not below the rank of Additional Secretary or \r\nequivalent \r\nMember \r\nex-officio \r\n(e) Chief Executive Officer Member \r\n(f) Five independent members to be appointe d by the \r\nFederal Government from private sector, each of whom \r\nshall have the requisite skills, competence, knowledge, \r\nexperience and approach so that the Council as a group \r\nincludes core competencies and diversity to assist the \r\nAuthority in achieving its primary and other objectives \r\nMember- \r\n(Independent) \r\n \r\n \r\n1Added and Subs. by Act No. IX of 2024, ss.3-5. \r\n \r\n Page 6 of 14 \r\n \r\n(2) Subject to the provisions of the SOE Act in this behalf, the Federal Government may , by \r\nnotification in the official Gazette, increase or decrease the number of members of the Council \r\nsubject to having the independent Members in major ity and that the quorum rules are adjusted \r\naccordingly. \r\n(3) Subject to the provisions of the SOE Act in this behalf, the general policy direction of the \r\nAuthority shall vest in the Council. \r\n(4) Not less than fifty percent of total membership of the Council including not less than three \r\nindependent and one ex-officio member shall constitute quorum for a meeting of the Council. \r\n(5) The meeting of the Council shall be presided by the Chairman and in case of his absence \r\nthe meeting shall be presided by such a member as the Chairman may nominate. \r\n(6) Decisions of the Council shall be taken in accordance with sub-section (2) of section 22 of \r\nthe SOE Act. \r\n(7) The Council may consti tute committees with its chairmanship along with their terms of \r\nreference from amongst its members and may assign to it the business on which the committee shall \r\nmake its recommendations for approval by the Council and quorum for meeting of each such \r\ncommittee shall be fifty percent and a fraction shall be rounded as one member. \r\n \r\n (8) The Chairman of the Council shall be responsible for leading the Council and ensuring its \r\neffective functioning and continuous development and shall not involve in day -to-day operations of \r\nthe Authority.] \r\n1[6. Powers and function of the Council .—(1) The Council shall exercise its powers and \r\nperform its functions in accordance with the provisions of this Act and the provisions of the SOE Act \r\nwith regard to a Board being apex body. \r\n(2) In addition to the powers and functions provided for in sub-section (1), the Council shall__ \r\n(a) approve five years’ plans or such other plans, recommended by the executive \r\nboard, in consultation with relevant stakeholders for construction and \r\ndevelopment of national highways, motorways and strategic roads specially \r\nentrusted to the Authority by the Federal Government or by a Provincial \r\nGovernment or other entity; \r\n(b) approve the annual maintenance plan recommended by the executive board for \r\nnational highways, motorways, and strategic roads; \r\n(c) lay down national policies and guidelines to be followed by the Authority in \r\nthe performance of its functions; and \r\n(d) approve annual development and non-development budget on recommendation \r\nof the executive board.] \r\n1[7. Executive Board .—(1) For exercising its powers and performing its functions, the \r\nCouncil shall be assisted by an Executive Board consisting of— \r\n \r\n \r\n1Subs. by Act No. IX of 2024, s\r\n \r\n Page 7 of 14 \r\n \r\n \r\n \r\nS.No. Membership Status \r\n(1) (2) (3) \r\n(a) Chief executive officer Chairperson \r\n(b) Member (Planning) of the Authority Executive Member \r\n(c) Member (Engineering) of the Authority Executive Member \r\n(d) Member (Aided Projects) of the Authority Executive Member \r\n(e) Member (Public Private Partnership Projects) of the \r\nAuthority Executive Member \r\n(f) Member (Finance) of the Authority Executive Member \r\n(g) Member (Administration) of the Authority Executive Member \r\n \r\n \r\n(2) The chief executive officer shall be the chief execu tive of the Authority appointed by the \r\nCouncil by the three -fourth majority resolution including vote of ex-officio members under a \r\nperformance-based contract as per the criteria set by Council who shall— \r\n \r\n(a) be responsible for the management of the Authority and for its procedures in \r\nfinancial and other matters under delegation from the board and subject to the \r\noversight and directions of the Council; \r\n \r\n(b) ensure the proper implementation of strategies and policies approved by the \r\nCouncil; and \r\n \r\n(c) put in place appropriate arrangements to ensure that funds and resources are \r\nproperly safeguarded and are used economically, efficiently and effectively \r\nand in accordance with the Authority’s plan, the primary objective and all \r\nstatutory obligations. \r\n \r\n(3) The chief executive officer, or in his absence a member of the Executive Board authorized \r\nby him on his behalf, shall preside meetings of the Executive Board. \r\n \r\n(4) Fifty percent of its total membership shall constit ute quorum for meetings of the B oard, a \r\nfraction shall be rounded as one member. \r\n \r\n(5) Decision by majority of the members present and voting shall b e construed as decision of \r\nthe Executive Board.] \r\n \r\n1[8. Powers and functions of the Executive B oard.—The executive board shall exercise its \r\npowers and perform its functions in accordance with the provisions of this Act, including to__ \r\n \r\n (a) consider and recommend, in consultation with relevant stakeholders, proposals \r\nfor schemes and projects; \r\n \r\n(b) consider and approve award of contracts for works, services and goods; \r\n \r\n(c) recommend the annual maintenance plan for national highways, motorways, \r\nand strategic roads; \r\n \r\n(d) consider and review progress reports of the Authority; \r\n \r\n(e) recommend to the Council for approval annual development and non - \r\ndevelopment budget; \r\n(f) recommend schemes and projects to be funded through toll and other receipts \r\nfrom operation of national highways, motorways and strategic roads; and \r\n \r\n(g) perform such other functions as may be assigned to it by the Council.] \r\n \r\n1Subs. by Act No. IX of 2024, s. 8. \r\n \r\n \r\n Page 8 of 14 \r\n \r\n \r\n9. 1[Chief Executive Officer], his duties, functions and powers.—(1) The Council shall \r\nappoint the 1[Chief Executive Officer] who shall be the Chief Executive of the Authority and shall \r\nexercise such powers and perform such functions as may be specified by the Council. \r\n \r\n(2) The 1[Chief Executive Officer] shall receive such salary and allowances and be subject to \r\nsuch conditions of service as may be determined by the Council. \r\n2[(3) The 1[Chief Executive Officer] shall have the power to approve projects of emergent \r\nnature, maintenance, rehabilitation and construction affecting t raffic mov ement and safety of \r\nstructures up to fifty million rupees and to recommend for approval proposals, schemes and projects \r\nexceeding fifty million rupees to the Executive Board. \r\n \r\n(4) The 1[Chief Executive Officer], on the recommendations of the Executive Board, shall \r\nhave the power to divert funds from one approved project to another on ly within a financial \r\nyear’s allocation.] \r\n __________ \r\n \r\nCHAPTER III \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n10. The powers of the Authority.—(1) The Authority may take such measures and exercise \r\nsuch powers as it considers necessary or expedient for carrying out the purposes of this Act. \r\n(2) Without prejudice to the generality of the powers conferred by sub-section (1), the \r\nAuthority may for the purpose of carrying out the purposes of this Act⎯ \r\n(i) advice the Federal Government on m atters relating to 1[national highways, \r\nmotorways and strategic roads]; \r\n(ii) acquire any land in accordance with legal procedure and obtain and dispose of \r\nmovable and immovable property or interests therein: \r\n(iii) undertake any work specified in sub-sections (1) and (2) of section 11; \r\n(iv) incur expenditure on works specified in clause (iii); \r\n(v) procure plant, machinery, instruments and materials required for its use; \r\n(vi) enter into and perform all such contracts as it may consider necessary; \r\n(vii) levy, collect or cause to be collected tolls on 1[national highways, motorways \r\nand strategic roads] and such other roads as may be entrusted to it and bridges \r\nthereon; \r\n(viii) licence facilities on roads under its control on such terms as it deems fit; \r\n(ix) determine a building line between which and the ROW it shall not be lawful \r\nwithout the consent of the Authority to construct or maintain any structure or \r\nmake any excavation; \r\n \r\n \r\n1Subs. by Act No. IX of 2024, ss. 9-10. \r\n 2Added by Ordinance No. XXXI of 2001, s. 7\r\n \r\n Page 9 of 14 \r\n \r\n (x) cause studi es, surveys, experiments and t echnical researches to be m ade or \r\ncontribute tow ards the cost of any such studi es, surveys, experiments or \r\ntechnical researches made by any other agency; \r\n(xi) exercise pow er to award negotiated contracts for p rojects to be undertaken \r\nthrough Private Sector Financing programme; \r\n(xii) seek and obtain advice and assistance for the preparation and execution of any \r\nplan, programme or project; \r\n(xiii) raise funds (local and foreign) through borrowing, floating of bonds, sharing \r\nor leasing of assets or any other means, from time to time; \r\nProvided th at a foreign l oan shall be negotiated in consultation with \r\nthe relevant Ministry of the Government of Pakistan; \r\n(xiv) perform any other function supplemental, incidental or consequential to the \r\npurposes and functions aforesaid 1[; and] \r\n1[(xv) takeover ROW of the roads declared as 2[national highways, motorways and \r\nstrategic roads] with the consent of provinces and approval of the Federal \r\nCabinet and Provinces shall simultaneously effect the mut ation free of cost \r\nand without any liability or condition.] \r\n11. Plans and schemes.—(1) The Authority shall prepare a master plan for the \r\ndevelopment, construction, operation and maintenance of 2[national highways, motorways and \r\nstrategic roads] in Pakistan for the approval of the Council. \r\n(2) The Authority may frame a scheme or schemes for all or any of the following matters, \r\nnamely:⎯ \r\n(i) construction, expansion, operation and development of 2[national highways, \r\nmotorways and strategic roads]; \r\n(ii) research and development in the field of Highways; \r\n(iii) training of the Authority’s employees; \r\n(iv) welfare of the Authority’s employees; and \r\n(v) any other matter pertaining to the purposes and functions of the \r\nAuthority or incidental thereto. \r\n \r\n12. Powers to eject unauthorized occupants.⎯Subject to rules, the Authority shall have \r\npower to summarily eject any unauthorised occupant of N ational Highway or strategic road or \r\nproposed site thereof and demolish and remove any structure thereon, and to use such force, \r\nincluding police force, as may be necessary for the purpose and to recover the cost thereof from the \r\nperson responsible for such occupation or obstruction. \r\n \r\n \r\n1Subs. and added by Ordinance No. XXXI of 2001, s. 8. \r\n2Subs. by Act No. IX of 2024, ss. 10-11.\r\n \r\n Page 10 of 14 \r\n \r\n \r\n______ CHAPTER IV \r\nESTABLISHMENT \r\n13. Appointment of officers, servants etc.⎯(1) The Authority may from time to time \r\nemploy such officers and servants, or appoint such experts or consultants, as it may consider \r\nnecessary for the performance of its functions, on such terms and conditions as it may deem fit. \r\n(2) Notwithstanding any thing contained in sub-section (1), any rules m ade, or orders or \r\ninstructions issued, by the Authority, or in the terms and conditions of service of any p erson \r\nemployed by or serving under the Authority, the Authority may at any time terminate the services of \r\nany person, after giving him not less than sixty days notice or pay for the period by which such \r\nnotice falls short of sixty days. \r\n(3) Service under the Authority is hereby declared to be service of Pakistan and every person \r\nholding a post under the Authority, not being a person who is on deputation to the Authority from \r\nany province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, \r\n1973. \r\n14. Recruitment and condition of service.⎯The Authority shall, with the approval of the \r\nCouncil, prescribe the procedure for appointment and t erms and conditions of service of its \r\nofficers and servants. \r\n15. 1[Chief Executive Officer] , etc., to be deemed to be public servants.⎯The 1[Chief \r\nExecutive Officer], 1[Executive Members], officers and servants of the Authority shall, when acting \r\nor purporting to act in pursuance of any of the provisions of this Act, be d eemed to be public \r\nservants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860). \r\n16. Delegation of powers to 1[Chief Executive Officer] , etc.⎯The Authority m ay by \r\ngeneral or special order delegate to the 1[Chief Executive Officer], a 1[Executive Member] or officer \r\nof the conditions as it may think fit to impose. \r\n17. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to a pply.⎯Nothing \r\ncontained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to, or in relation \r\nto, the Authority. \r\n18. Persons serving National Highways Board.⎯(1) Any person on deputation to the \r\nNational Highways Board immediately b efore the constitution of the Authority sh all, on the \r\nconstitution of the Authority, be deemed to be on deputation to the Authority on the same terms and \r\nconditions of service to which he was entitled in the National Highways Board. \r\n \r\n(2) Employees of the National Highways Board immediately before the constitution of \r\nthe Authority, including a person on deputation to any oth er organization in Pakistan or \r\nabroad, may, on the constitution of the Authority, opt to become an employee of the Authority. \r\n \r\n(3) An employee exercising an option under sub-section (2) shall become an employee of the \r\nAuthority on such terms and conditions as may be prescribed by rules or regulations. \r\n \r\n(4) The Federal Government shall contribute to the pension, gratuity and final payment of \r\nprovident fund of a person absorbed in the Authority under sub-section (3) in accordance with the \r\nrules of the Federal Government in force at the time of such absorption. \r\n \r\n1Subs. by Act No. IX of 2024, ss. 12-13. \r\n \r\n Page 11 of 14 \r\n \r\n19. Authority to be local authority.⎯The Authority shall be deemed to be a local \r\nauthority for the purpose of borrowing money under the Local Authorities Loans Act 1914 (IX of \r\n1914). \r\n ____________ \r\n \r\nCHAPTER V \r\n \r\nREPORTS AND STATEMENTS \r\n20. Submission of yearly reports and returns, etc.⎯ (1) The Authority shall submit to \r\nthe Federal Government, as soon as possible after the end of every financial year but before the \r\nlast day of September next following, a report on the conduct of its affairs for that year. \r\n \r\n(2) A copy of the report mentioned in sub-section (1), together with a copy of the audit \r\nreport, shall be placed by the Federal Government before the National Assembly and the National \r\nAssembly shall refer the same to its Committee on Public Accounts for scrutiny and examination. \r\n (3) The Committee on Public Accounts shall scrutinies and examine the reports referred \r\nto it under sub-section (2) in the same manner as, and shall in respect thereof, perform the same \r\nfunctions and exercise the same powers as are required by it to be performed and exercised in \r\nrespect of appropriation accounts of the Federal Government and the report of the Auditor General \r\nthereon. \r\n \r\n(4) The Federal Government may require the Authority to furnish it with⎯ \r\n \r\n(i) any return, statement, estimate, statistics or other information regarding any \r\nmatter under the control of the Authority; or \r\n \r\n(ii) a report on any such matter; or \r\n \r\n(iii) a copy of any document in the charge of the Authority; \r\n \r\nand the Authority shall comply with every such requisition. \r\n____________ \r\n \r\nCHAPTER VI \r\n \r\nFINANCE \r\n21. National Highway Authority Fund.⎯(1) There shall be formed a non-lapsable fund \r\nvesting in the Authority known as the “National Highway Authority Fund”, to be utilized by the \r\nAuthority to meet charges in connection with its functions under this Act including the payment of \r\nsalaries and other remuneration to the Ch airman, Members, officers, servants, experts and \r\nconsultants of the Authority. \r\n(2) The National Highway Auth ority Fund shall be kept in scheduled b anks and shall be \r\noperated according to rules and regulations of the Authority. \r\n \r\n(3) 1[The National Highway Authority Fund shall have to its credit] all funds received by the \r\nAuthority from which the Authority can incur expenditure related to its functions in cluding⎯ \r\n \r\n \r\n1Subs. by Ordinance No. XXXI of 2001, s. 9. \r\n \r\n \r\n \r\n Page 12 of 14 \r\n \r\n(i) loans obtained from the Federal Government; \r\n \r\n \r\n(ii) other loans obtained by the Authority; \r\n \r\n(iii) grants made by the Federal Government; \r\n \r\n(iv) income from tolls; \r\n \r\n(v) funds provided by the Federal Government; \r\n \r\n(vi) foreign aid, grants and loans negotiated and raised by the Authority; \r\n \r\n(vii) all other sums received by the Authority, such as fees, damages costs, refunds, \r\nforfeitures, sale proceeds, lease money, rentals and fines; \r\n \r\n(viii) income from the sale of assets, land or vehicles; and \r\n \r\n(ix) funds from floating bonds, shares or through any other means. \r\n \r\n22. Maintenance of accounts.⎯The Authority shall maintain complete and accurate books \r\nof accounts in such forms as may be prescribed by it. \r\n \r\n23. Annual statement of accounts.⎯In the month of January each year, the Authority \r\nshall submit to the Federal Government for approval a st atement of the estimated receipts and \r\nexpenditure in respect of the next financial year. \r\n24. Audit.⎯(1) The accounts of the Authority shall be audited every year by the Auditor-\r\nGeneral in such manner as may be prescribed by the Federal Government. \r\n \r\n(2) Copies of the audit report shall be sent to the Authority and, with the comments of the \r\nAuthority, to the Federal Government and shall also be available for public inspection. \r\n \r\n(3) The Authority shall carry out any directive issued by the Federal Government for \r\nrectification on an audit objection. \r\n ___________ \r\n \r\nCHAPTER VII \r\n \r\nMISCELLANEOUS \r\n25. Recovery of arrears due as arrears of land revenues.__ Any sum due to the Authority \r\nshall be recoverable as an arrear of land revenue. \r\n \r\n26. Land acquisition.⎯The acquisition of any land or any interest in land for the Authority \r\nor for any project under this Act shall be deemed to be acquisition for a public purpose within the \r\nmeaning of the Land Acquisition A ct, 1894 (I of 1894), and the provisions of the said Act shall \r\napply accordingly. \r\n \r\n27. Transfer of rights and liabilities.⎯ (1) As from the commencement of this Act \r\nall assets and l iabilities and all rights and obli gations of t he National Highways Board and t he \r\nDirectorate General National Highways shall stand transferred to the Authority. \r\n \r\n \r\n Page 13 of 14 \r\n \r\n(2) All contracts made by the N ational Highway Board the Di rectorate General National \r\nHighway shall be deemed to be contracts made by the Authority. \r\n \r\n28. Authentication of orders and o ther instruments of the Authority.⎯All o rders, \r\ndecisions and other instruments of the Authority shall be authenticated by the signature of the \r\nChairman and any other Member or any officer of the Authority authorised by it in this behalf. \r\n \r\n29. Power to enter.⎯Subject to any regulations made in this behalf, any person \r\ngenerally or specially authorised by the Authority in this behalf may, whenever it is necessary so to \r\ndo for any of the purposes of this Act at all reasonable times, enter upon any land or premises, and \r\n \r\n(i) make any inspection survey, measurement, valuation or enquiry; \r\n \r\n(ii) take levels; \r\n \r\n(iii) dig or bore into sub-soil; \r\n \r\n(iv) set out boundaries and intended lines of work; \r\n \r\n(v) mark such levels, boundaries and lines by placing marks and cutting \r\ntrenches; and \r\n \r\nProvided that no such person shall enter any boundary or any enclosed \r\ncourt or garden attached to a dwelling-house except with the consent of the \r\n1[occupant] thereof for obtaining which at least twenty-four hours notice \r\nin writing of his intention to do so has been given to the 1[occupant]. \r\n \r\n30. Indemnity, etc.⎯ (1) Nothing in this Act shall be construed as imposing upon the \r\nAuthority, either directly or indirectly, any duty enforceable by proceedings before any court. \r\n \r\n(2) No suit, prosecution or other legal proceedings shall lie against the Autho rity, the \r\nChairman or any Member, officer, servant, expert, or consultant of the Authority in respect of any \r\ndamage caused or likely to be caused or anything done or intended to be done in good faith under \r\nthis Act or the rules or regulations. \r\n \r\n31. Rules.⎯The Federal Government may, by noti fication in the o fficial Gazette, make \r\nrules for carrying out the purposes of this Act. \r\n \r\n32. Regulations.⎯The Authority may m ake regulations, not in consistent with the \r\nrules, on all matters for which regulations are expedient. \r\n \r\n2[33. Removal of difficulties.⎯If a difficulty arises in giving effect any of the provisions of \r\nthis Act, the Federal Governme nt may make such o rder, not inconsistent with the provis ions of this \r\nAct and the State-Owned Enterprises (Governance .and Operations) Act, 2023 (VII of 2023), as may \r\nappear to be necessary for the purpose of removing the difficulty.] \r\n \r\n \r\n_____________ \r\n \r\n \r\n \r\n1Subs. by Ordinance No. XXXI of 2001, s.10. \r\n2Subs. by Act No. IX of 2024, s.14. \r\n \r\n Page 14 of 14 \r\n \r\nTHE SCHEDULE \r\n \r\n[See section 2(g) and (m)] \r\n \r\nPart - I \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN Date: 03-09-2024 \r\n \r\n1Subs. and Added by Ordinance No. XXXI of 2001, s.12.", "passage_offset_convention": "zero-based Unicode 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