- In this Ordinance, unless there is anything repugnant in the subject or context:(1)"animal" means any elephant, camel, horse, ass, mule, cattle, sheeps or goat.(2)"betterment when applied to land" means the increase in the value of any land arising from the execution in its vicinity of a highway development scheme at public expense.(3)"betterment tax" means a tax levied on owners of land on the basis of a percentage of the betterment value of the land.(4)"building line" means a line on either side of any highway or part of a highway as determined by the highway authority under Section 12 of this Act.(5)"competent authority" means the State Government or local authority, competent to sanction the construction of, or repair to, a highway.(6)"control line" means a line on either side of a highway or part of a highway beyond the building line, as determined by the highway authority under Section 12 of this Act.(7)"driver" means, in the case of a vehicle, the person in charge or control of the vehicle for the time being, and in the case of an animal any person driving, leading, riding, or otherwise managing or controlling the animal and the words drive, driving, shall be construed accordingly.(8)"encroachment" means occupation of any highway or part thereof, and includes;(a)the erection of a building or any other structure, balconies, porches, chajjas or projection, on ever or overhanging the highway land.(b)occupation of highway land beyond the prescribed period, if any, for stacking building materials or goods of any other descriptions, for exhibiting articles for sale, for erecting poles,awnings, tents, pandals and other similar erections or for parking vehicles or stabling domestic animals or for any other purposes, and(c)excavations or embankment of any sort made or extended on any highway land.(9)"highway" means any public thoroughfare, whether a road, street, lane, bridlepath or a foot-track, whether surfaced or unsurfaced, whether on land owned by Government or a local authority or on land belonging to a private person over which the public have, or acquired, a right of way by usage, and includes :(a)the slope, berm, borrow-pits, foot-paths, pavements and side drain of any such thoroughfare,(b)all bridges, culverts, causeways, carriageways or other road structures, built on or across such thoroughfares, and(c)the trees, fences posts, and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare.(10)"highway authority" means :(a)for highways maintained by the State Government, the Department of the Government responsible for their maintenance, or any other authority specially appointed by the State Government in this behalf.(b)for highways maintained by a local authority, the local authority or such other authority as may be appointed by the State Government in this behalf, and(c)for highways not included in clauses (a) & (b), the authority appointed as the highway authority under Section 3 or, if no such appointment has been made, the State Government itself.(11)"highway boundaries" means the boundaries of the highway whether visibly demarcated or not, within which is contained the areas of land constituting the highway or land reserved or acquired for widening the highway.(12)"limited access highway" means a highway, access to which is permitted only at points specifically provided or agreed to for the purpose by the highway authority.(13)"middle of highway" means in the relation to any highway for the improvement of which plans have been prepared by the highway authority, the middle of the highway as proposed to be improved in accordance with the plans, and where no such plans have been prepared, the point halfway between the boundaries of the highway.(14)"motor vehicle" means a motor vehicle as defined in the Motor Vehicles Act, 1939.(15)"permit" means the document issued by an authority competent to issue it authorising the use of vehicle as a public vehicle.(16)"prescribed" means prescribed in this Act or under rules made under this Act.(17)"Public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a public vehicle.(18)"public vehicle" means any vehicle used or constructed or adapted to be used for the carriage of passengers or goods for hire or reward.(19)"standard width of highway" means the width of a highway between its boundaries as prescribed by the highway authority under Section 11.(20)"survey includes" all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a resurvey.(21)"survey mark" means any mark or object erected, made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points.(22)"survey officer" means any person appointed to be a survey officer under this Act.(23)"vehicle" includes any wheeled conveyance drawn propelled or driven by any kind of power including, human, animals, motor steam or electric power, and includes any barrow, sledge, plough, drag or the vehicle.
