Updated: Saturday June 11, 2016/AsSabt
Ramadan 06, 1437/Sanivara
Jyaistha 21, 1938, at 06:28:16 PM
The
*ACT NO. XI of 1991
WHEREAS it is expedient to
establish a National Highway Authority for planning, development, operation and
maintenance of National Highways and strategic roads and to provide for matters
connected therewith or incidental thereto;
It is hereby enacted as follows:---
CHAPTER 1
PRELIMINARY
1. Short title, extent and
commencement.___(1) This Act may be called the
National Highway Authority Act, 1991.
(2) It extends to the whole of
(3) It shall come into force at
once.
2. Definitions. In this Act, unless there is anything repugnant in the subject or
context,---
(a) Auditor General means the
Auditor General of
(b) Authority means .the National
Highway Authority established under Section 3;
(c) Board" means the Executive
Board of the Authority;
2[(ca) CDWP means the Central
Development Working Party;]
(d) Chairman means Chairman of the
Authority;
(e) Council means the National
Highway Council;
2[(ea) ECNEC means the Executive
Committeee of the National Economic Council;]
* 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
to N.A., vide S.R.O., 466(I)/2000, dated 5-7-2000.
2Ins. by Ord. 31 of 2001, s. 2.
(f) Member means member of the
Council or, as the case may be, of the Board;
1(g)
(h) President means President of
the Council;
(i) Regulation means regulations
framed under this Act;
(j) Right of Way (ROW) means the
land acquired for the purpose of construction of a
(k) road means a road including
land within the right of way and all works, such as, carriageways, cartways,
footpaths berms, side drains, culverts, bridges, tunnels, fences, posts, sign
boards, plantation and lighting arrangements, intersections and medians
assigned to the Authority;
(l) rules means rules made under
this Act;
(m) strategic road means a road
specified in Part‑II of the Schedule and includes a road declared by the
Federal Government, by notification in the official Gazette, to be a strategic
road; 1[.]
2[*
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CHAPTER II
ESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY
3. Establishment of
(2) The Authority shall be a
body corporate having perpetual succession and a common seal with power to
acquire, hold and dispose of property, and may by its name sue and be sued.
1Declaration of
2Added, Subs and Omitted by
Ord. 31 of 2001, s. 2.
(3) The headquarters of the
Authority shall be at
4. Purpose and functions of
Authority. The purpose and functions of the
Authority shall be to plan, promote, organise and implement programmes for
construction, development operation, repairs and maintenance of National
Highways and strategic roads specially entrusted to it by the Federal
Government, or by a Provincial Government or other authority concerned.
(a)
the Minister for Communications and Railways, Government of
(b)
the Secretary, Finance Division, Government of
(c)
the Secretary, Communications Division, Government of
(d)
a professional in the field of Highway Construction and Management (nominated
by the President) .............................
Member
(e)
a professional in the field of Finance and Accounts (nominated by the
President)
Member
(f)
the Chairman, NHA, who shall also act as Secretary of the Council
...Member.]
(2) The meetings of the Council
shall be called by the Secretary of the Council, at least once a year, 1[or
at any] such date and at such time as may be specified by the President.
(3) The Minister for
Communications may, on the recommendation of the Board, accord anticipatory
approval to any matter which falls within the jurisdiction of the Council.
6. Powers and functions of the
Council.__(1)
The functions of the Council shall be___
1Amended by Ord. 31 of 2001,
ss. 3-4.
(a) to approve five year plans and
perspective plans, prepared by the Board, in consultation with the Planning and
Development Division, for the construction, development, repair and maintenance
of National Highways and strategic roads specially entrusted to the Authority
by the Federal Government or by a Provincial Government or other authority
concerned;
(b) to lay down the national
policies and guidelines to be followed by the Authority in the performance of
its functions;
(c) 1[to review and re-appraise
projects;]
(d) to approve the annual budget of
the Authority.
(2) The Council shall have power
to control, direct and regulate the affairs of the Authority.
7. Management.___(1) The general direction and
administration of the Authority and its affairs shall vest in the Executive
Board which may exercise all powers, perform all functions and do all acts and
things which may be exercised, performed or done by the Authority.
1[(2) The Board shall consist of,---
(1) The Chairman, NHA
..Chairman
(2) Inspector General National
Highways & Pakistan Motorway Police or his nominee
Member
(3) Additional Secretary,
Finance Division
.. Member
(4) Member or Additional
Secretary, Planning and Development Division ... Member
(5) Joint Secretary (II),
Communications Division
. Member
(6) Senior Chief, NTRC
.. Member
(7) Vice-President, NESPAK
. Member
(8) Member (Finance), NHA
.. Member
(9) Member (Planning), NHA
Member.
(3) The meetings of the Board
shall be held at least once in three months]
(4) The Chairman or, in his
absence, a Member authorized by him in this behalf, and three Members shall
constitute a quorum for a meeting of the Board.
8. Functions of Board. Functions of Board shall be,---
1[(a) to consider and approve
proposals, schemes, and projects exceeding fifty million rupees but not
exceeding one hundred million rupees and to consider and recommend, through the
Ministry, to CDWP or ECNEC proposals, schemes and projects exceeding one
hundred million rupees.]
(b) to consider progress reports of
the Authority; 1[*
* *]
(c) to perform such other functions
as may be delegated to it by the Council.
1[(d) to recommend for approval the annual budget of the
Authority; and
(e) to approve projects to be funded
through toll and other receipts from operation of highway.]
9. Chairman, his duties,
functions and powers.___(1) The Council shall appoint
the Chairman who shall be the Chief Executive of the Authority and shall
exercise such powers and perform such functions as may be specified by the
Council.
(2) The Chairman shall receive
such salary and allowances and be subject to such conditions of service as may
be determined by the Council.
1[(3) the Chairman shall have the
power to approve projects of emergent nature, maintenance, rehabilitation and
construction affecting traffic movement and safety of structres up to fifty
million rupees and to recommend for approval proposals, schemes and projects
exceeding fifty million rupees to the Executive Board.
1Amended by Ord. 31 of 2001,
ss. 6-7.
(4) The Chairman, on the
recommendations of the Executive Board, shall have the power to divert funds
from one approved project to another only within a financial years
allocation.]
CHAPTER III
POWERS AND DUTIES OF THE
AUTHORITY
10. The powers of the Authority.___(1) The Authority may take such
measures and exercise such powers as it considers necessary or expedient for
carrying out the purposes of this Act.
(2) Without prejudice to the
generality of the powers conferred by sub‑section (1), the Authority may
for the purpose of carrying out the purposes of this Act,---
(i) advice the Federal Government on
matters relating to National Highways and strategic roads;
(ii) acquire any land in accordance
with legal procedure and obtain and dispose of movable a immovable property or
interests therein:
(iii) undertake any work specified in
sub‑section (1) and (2) of Section 11;
(iv) incur expenditure on works
specified in clause (iii):
(v) procure plant, machinery,
instruments and materials required for its use:
(vi) enter into and perform all such
contracts as it may consider necessary;
(vii) levy, collect or cause to be
collected tolls on National Highways, strategic roads and such other roads as
may be entrusted to it and bridges thereon;
(viii) licence facilities on roads
under its control on such terms as it deems fit;
(ix) determine a building line
between which and the ROW it shall not be lawful without the consent of the
Authority to construct or maintain any structure or make any excavation;
(x) cause studies, surveys,
experiments and technical researches to be made or contribute towards the cost
of any such studies, surveys, experiments or technical researches made by any
other agency;
(xi) exercise power to aware
negotiated contracts for projects to be undertaken through Private Sector
Financing programme;
(xii) seek and obtain advice and
assistance for the preparation and execution of any plan, programme or project;
(xiii) raise funds (local and foreign)
through borrowing, floating of bonds, sharing or leasing of assets or any other
means, from time to time:---
Provided that a foreign loans
shall be negotiated in consultation with the relevant Minister of the
Government of Pakistan;
(xiv) perform any other function
supplemental, incidental or consequential to the purposes and functions
aforesaid. 1[;
and]
1[(xv) takeover ROW of the roads
declared as National Highway with the consent of provinces and approval of the
Federal Cabinet and Provinces shall simultaneously effect the mutation free of
cost and without any liability or condition.]
11. Plans and schemes.___(1) The Authority shall prepare
a master plan for the development, construction, operation and maintenance of
National Highways and roads in
(2) The Authority may frame a
scheme or schemes for all or any of the following matters, namely:---
(i) construction, expansion,
operation and development of National Highways and strategic roads;
(ii) research and development in the
field of Highways;
(iii) training of the Authoritys
employees;
(iv) welfare of the Authoritys
employees; and
(v) any other matter pertaining to
the purposes and functions of the Authority or incidental thereto.
1Subs and added by Ord. 31 of
01, s. 8.
12. Powers to eject unauthorized
occupants.
Subject to rules, the Authority shall have power to summarily eject any,
unauthorized occupant of National Highway or strategic road or proposed site
thereof and demolish and remove any structure thereon, and to use such force,
including police force, as may be necessary for the purposes and to recover the
cost thereof from the person responsible for such occupation or obstruction.
CHAPTER IV
ESTABLISHMENT
13. Appointment of officers,
servants etc.___(1) The Authority may from time
to time employ such officers and servants, or appoint such experts or
consultants, as it may consider necessary for the performance of its functions,
on such terms and conditions as it may deem fit.
(2) Notwithstanding anything
contained in sub‑section (1), any rules made or orders or instructions
issued, by the Authority, or in the terms and conditions of service of any
person employed by or serving under the Authority, the Authority may at any
time terminate the services of any person, after giving him not less than sixty
days notice or pay for the period by which such notice falls short of sixty
days.
(3) service under the Authority
is hereby declared to be service of
14. Recruitment and condition of
service. The Authority shall, with the
approval of the Council, prescribe the procedure for appointment and terms and
conditions of service of its officers and servants.
15. Chairman, etc. to be deemed
to be public servants. The Chairman, Members, officers
and servants of the Authority shall, when acting or purporting to act in
pursuance of any of the provisions of this Act, be deemed to be public servants
within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
16. Delegation of powers to
Chairman, etc. The Authority may by general or
special order delegate to the Chairman, a Member or officer of the Authority
any of its powers, duties or functions under this Act, subject to such
conditions as it may think fit to impose.
17. Industrial Relations
Ordinance, 1969 (XXIII of 1969), not to apply. Nothing contained in the
Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to, or in
relation to, the Authority.
18. Persons serving National
Highways Board.____(1) Any person on deputation to
the National Highways Board immediately before the constitution of the
Authority shall, on the constitution of the Authority, be deemed to be on
deputation to the Authority on the same terms and conditions of service to
which he was entitled in the National Highways Board.
(2) Employees of the National
Highways Board immediately before the constitution of the Authority, including
a person on deputation to any other organization in
(3) An employee exercising an
option under sub-section (2) shall become an employee of the Authority on such
terms and conditions as may be prescribed by rules or regulations.
(4) The Federal Government shall
contribute to the pension, gratuity and final payment of provident fund of a
person absorbed in the Authority under sub-section (3) in accordance with the
rules of the Federal Government in force at the time of such absorption.
19. Authority to be local
authority.
The Authority shall be deemed to be a local authority for the purpose of
borrowing money under the Local Authorities Loans Act 1914 (IX of 1914).
CHAPTER V
20. Submission of yearly reports
and returns, etc.___(1) The Authority shall submit
to the Federal Government, as soon as possible after the end of every financial
year but before the last day of September next following, a report on the conduct
of its affairs for that year.
(2) A copy of the report
mentioned in sub-section (1), together with a copy of the audit report, shall
be placed by the Federal Government before the National Assembly and the
National Assembly shall refer the same to its Committee on Public Accounts for
scrutiny and examination.
(3) The Committee on Public
Accounts shall scrutinies and examine the reports referred to it under
sub-section (2) in the same manner as, and shall in respect thereof, perform
the same functions and exercise the same powers as are required by it to be
performed and exercised in respect of appropriation accounts of the Federal
Government and the report of the Auditor General thereon.
(4) The Federal Government may
require the Authority to furnish it with,---
(i) any return, statement, estimate,
statistics or other information regarding any matter under the control of the
Authority; or
(ii) a report on any such matter; or
(iii) a copy of any document in the
charge of the Authority;
and the Authority shall comply
with every-such requisition.
FINANCE
(2) The
(3) [The National Highway
Authority fund shall 1[have
to its credit] all funds received by the Authority can incur expenditure
related to its functions including,---
(i) loans obtained from the Federal
Government;
(ii) other loans obtained by the
Authority;
(iii) grants made by the Federal
Government;
(iv) income from tolls;
(v) funds provided by the Federal
Government;
1Subs. by Ord. 31 of 2001, s.
9.
(vi) foreign aid, grants and loans
negotiated and raised by the authority;
(vii) all other sums received by the
Authority, such as fees, damages costs, refunds, forfeitures, sale proceeds,
lease money, rentals and fines;
(viii) income from the sale of assets,
land or vehicles; and
(ix) funds from floating bonds,
shares or through any other means.
22. Maintenance of accounts. The Authority shall maintain complete and accurate books of
accounts in such forms as may be prescribed by it.
23. Annual statement of
accounts. In the month of January each
year, the Authority shall submit to the Federal Government for approval a
statement of the estimated receipts and expenditure in respect of the next
financial year.
24. Audit.___(1) The accounts of the Authority
shall be audited every year by the Auditor-General in such manner as may be
prescribed by the Federal Government.
(2) Copies of the audit report
shall be sent to the Authority and, with the comments of the Authority, to the
Federal Government and shall also be available for public inspection.
(3) The Authority shall carry
out any directive issued by the Federal Government for rectification of an
audit objection.
CHAPTER VII
MISCELLANEOUS
25. Recovery of arrears due as
arrears of land revenues. Any sum due to the Authority shall be recoverable as an arrear
of land revenue.
26. Land acquisition. The acquisition of any land or any interest in land for the
Authority or for any project under this Act shall be deemed to be acquisition
for a public purpose within the meaning of the Land Acquisition Act. 1894 (I of 1894), and the provisions of the said Act shall apply
accordingly.
27. Transfer of rights and
liabilities.___(1) As from the commencement of
this Act all assets and liabilities and all rights and obligations of the
National Highways Board and the Directorate General National Highways shall stand
transferred to the Authority.
(2) All contracts made by the
National Highway Board the
28. Authentication of other
instruments of the Authority. All orders, decisions and other instruments of the Authority shall
be authenticated by the signature of the Chairman and any other Member or any
officer of the Authority authorised by it in this behalf.
29. Power to enter. Subject to any regulations made in this behalf, any person
generally or specially authorised by the Authority in this behalf may, whenever
it is necessary so to do for any of the purposes of this Act at all reasonable
times, enter upon any land or premises, and
(i) make any inspection survey,
measurement, valuation or enquiry;
(ii) take levels;
(iii) dig or bore into sub-soil;
(iv) set out boundaries and intended
lines of work;
(v) mark such levels, boundaries and
lines by placing marks and cutting trenches; and
(vi) do such other acts or things as
may be prescribed:
Provided that no such person
shall enter any boundary or any enclosed court or garden attached to a
dwelling-house except with the consent of the 1[occupier]
thereof for obtaining which at least twenty-four hours notice in writing of
his intention to do so has been given to the 1[occupant].
30. Indemnity, etc.___(1) Nothing in this Act shall be
construed as imposing upon the Authority, either directly or indirectly, any
duty enforceable by proceedings before any Court.
(2) No suit, prosecution or
other legal proceedings shall lie against the Authority, the Chairman or any
Member, officer, servant, expert, or consultant of the Authority in respect of
any damage caused or likely to be caused or anything done or intended to be
done in good faith under this Act or the rules or regulations.
1Subs and omitted by Ord. 31 of
2001, ss. 10-11.
31. Rules. The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
32. Regulations. The Authority may make regulations, not inconsistent with the
rules, on all matters for which regulations are expedient.
33. Removal of difficulties. If any difficulty arises in giving effect to any of the provisions
of this Act, the Federal Government may make such order, not inconsistent with
the provisions of this Act, as may appear to it to be necessary for the purpose
of removing the difficulty. 1[:]
1[* * * * * * *]
1Subs and omitted by Ord. 31 of
2001, ss. 10-11.
1[N-5 Karachi-Thatta-Hyderabad-Moro-Multan-Sahiwal-Lahore-Jhelum
1819
Rawalpindi-Peshawar-Torkham
(Formerly known as G.T.Road)
N-10
Liari-Gwadar-Gabd 653
N-15
Mansehra-Naran-Jalkhad 175
N-25
Karachi-Bela-Khuzdar-Kalat-Quetta-Chaman 813
N-35
Hassanabdal-Abbottabad-Thakot-Gilgit-Khunjrab 806
N-40
Lakpass-Naukundi-Taftan 610
N-45
Nowshera-Dir-Chitral 309
N-50
Khuchlak-Zhob-D.I. Khan 531
N-55
Kotri-Shikarpur-D.G. Khan-D.I. Khan-Kohat-Peshawar (
N-65
Sukkur-Sibbi-Saryab 385
N-70
Qilla Saifullah-Loralai-D.G. Khan-
N-1
Islamabad-Peshawar Motorway 154
N-2
Lahore-Islamabad Motorway including 32 Km links and Lahore Bypass 367
M-3
Pindi Bhattian-Faisalabad Motorway 52
M-9
Karachi-Hyderabad Motorway 136
1[Designation of Highway Route
Approved Length Km.
(1)
(2) (3)
[1] Subs. and Added by Ord. 31 of 2001, s. 12.
S-1 KKH (Gilgit)-Skardu 167.]
S.No. Areas Dates on which Act
XXI of 1991 shall come into force
21. The whole of the Province of
20th June, 2001
Of
Administered Tribal Areas (and
B
Areas of
2. The whole of the North-West
Frontier 20Th June, 2001
Province except the provincially
Administered Tribal Areas.
3. The whole of the
4. The whole of the
5. The whole of the
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