Section 11 in Himachal Pradesh Road Infrastructure Protection Act, 2002
11. Levy of restoration cost and restoration fee.
(1)The prescribed authority may order any person, who has indulged in a prohibited activity as referred to in clauses (i), (iii) and (viii) of section 3 to restore road infrastructure to its original state and if such person fails to start the restoration work within a period of 3 days from the date of passing of such order and completing it within the time allowed, the prescribed authority shall take such measures as may appear to him to be necessary, to give effect to the orders as the cost of the defaulter.(2)If a person contravenes or fails to comply with, any provision of this Act or any order made under sub-section (1), the prescribed authority may, after giving a reasonable opportunity of being heard, direct such person to pay, by way of restoration fee, in addition to the cost of restoration of road infrastructure,-(i)for contravention of any prohibited activities as referred to in clauses (ii), (iv), (v), (vii), (ix), (xi), (xvi) and (xvii) of section 3, an amount which shall be five time of the restoration cost;(ii)for contravention of prohibited activities as referred to in clause (vi) of section 3, an amount @ five hundred rupees per cubic metre or part thereof per day in respect of excavated earth/debris and @ one thousand rupees per truck load or part thereof per day in respect of stacked material; rupees per truck load or part thereof per day in respect of stacked material;(iii)for contravention of prohibited activities as referred to in clause (xii) of section 3, an amount at the rate of five hundred rupees per square meter per week till the time such act continues;(iv)for contravention of the prohibited activities as referred to in clause (xiv) of section 3, an amount at the rate of one hundred rupees per running meter of the erection per day till the time the act continues; and(v)for contravention of the prohibited activities as referred to in clause(xiii) or (xv) of section 3, an amount at the rate of six times the cost of removal.Explanation. - (1) All restoration costs and fees payable under the provisions of this section shall be deposited with the prescribed authority within seven days, failing which it shall be recovered as arrears of land revenue with interest commencing the day following the last day allowed for deposit.(2)Cost of removal/restoration shall be determined as per the current schedule of rates/principles of costing of the Himachal Pradesh Public Works Department duly indexed for inflation.
