Section 3 in Central Provinces and Berar Highway Act, 1936
3. Power to make rules.
- The State Government may make rules for the regulation of traffic on [public] [Substituted by M. P. Act No. 4 of 1954.] roads or places.(2)In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely :-(a)prohibiting or restricting the use of vehicles of any particular class or description considered likely to cause obstruction on a [public] [Substituted by M. P. Act No. 4 of 1954.] road or place and where a berm or side-track is provided, confining such vehicles to the berm or side-track;(b)prohibiting or restricting the use of vehicles not provided with brakes of such character may be required by the rules;(c)prohibiting or restricting the use of vehicles or animals which are of such a nature or in such a condition as to be likely to cause annoyance, inconvenience or danger to the public;(d)prohibiting the leaving of vehicles or animals unattended or in the charge of persons incapable of controlling them;(e)the speed at which vehicles or animals may be driven or ridden;(f)the rule of the road;(g)prohibiting the driving or riding of vehicles or animals on footways or other places where their use may be attended with danger to the public;(h)prohibiting the halting of vehicles or animals at places other than the proper camps or refugees, if such halting is likely to cause obstruction to traffic;(i)the carrying and use on vehicles of a bell or other instrument for giving audible and sufficient warning of their approach or position;(j)the stoppage of vehicles or animals when required by the police for the regulation of traffic or for other reasonable purpose;(k)the maximum weight or the number of passengers to be carried on each description of vehicle plying for hire or animal;(l)empowering specified officers to issue notices requiring owners or occupiers of land -(i)to lop the branches of any trees growing on such land and overhanging a [public] [Substituted by M. P. Act No. 4 of 1954.] road so as to cause obstruction or danger,(ii)to cut or trim any hedges or noxious vegetation, growing on such land, which may be considered likely to intercept a view of approaching traffic on a [public] [Substituted by M. P. Act No. 4 of 1954.] road, or on any side road or other approach thereto, and(iii)to remove from a [public] [Substituted by M. P. Act No. 4 of 1954.] road any branches, trimmings and vegetation lopped or cut by such owners or occupiers;(m)imposing on such owners or occupiers of land the duty to comply with such notices within a reasonable time and authorizing such officers to lop, cut or trim such trees, hedges and vegetation in a case of default;(n)regulating the driving or riding of animals after dusk and before day-break;(o)the use of nose-ropes for animals;(p)the minimum age-limit of drivers of vehicles; and(q)generally the prevention of obstruction to traffic and of annoyance, danger or injury to the public.(3)A rule may be general for all [public] [Substituted by M. P. Act No. 4 of 1954.] roads or places, vehicles or animals or may be special form a particular [public] [Substituted by M. P. Act No. 4 of 1954.] road or place, vehicle or animal or class of vehicles or animals.(4)All rules shall be subject to the condition of previous publication. A copy of the draft of the proposed rules shall be laid [before each of the Houses of the State Legislature] [Substituted by M. P. Act No. 4 of 1954.].The State Government shall give [both Houses] [Substituted by M. P. Act No. 4 of 1954.] an opportunity of discussing them and shall take into consideration any resolution concerning the same [in which both the Houses concur] [Substituted by A. O., of 1956.] before finally publishing them in the Official Gazette.(5)In making any rule, the State Government may direct that a breach thereof shall be punishable with fine which may extend to twenty-five rupees, or, in the case of a second or subsequent breach, to fifty rupees.
