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State of Kerala - Section

Section 36 in Kerala Highway Protection Act, 1999

36. Power to make rules.

(1)The Government may, by notification in the Gazette, make rules for carrying out all or any of the purposes of this Act.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a)the preparation of schemes for the development of new highways or improvement or repair of existing highways;
(b)the standards that have to be followed in granting permission for access to highway;
(c)the form of application for use of land between building line and control line and the fee to be paid in respect thereof;
(d)the prevention of obstruction of view or distraction of attention of persons using highway, and of annoyance, danger or injury to the public;
(e)the proper maintenance of boundary marks demarcating highway boundaries;
(f)the prevention of obstruction, encroachment and nuisances on or near highway and or damage to highway;
(g)the form of application required to be made and the form of notice and the bills required to be served on persons, the charges to be made for the supply of copies of plans or extracts and the rent or fee or other charges to be imposed or levied under the provisions of this Act;
(h)the general guidance of the highway authority in the discharge of its functions under this Act;
(i)the construction or laying of public utility lines along or across the highway;
(j)any other matter which is to be, or may be prescribed.
(3)Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no -effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.