December 7, 2021
While the Highways Act, 1925 (Act No. III of 1925) has been revoked, new laws are needed to create a modern, advanced, and efficient highway transportation system. These laws should include safe and dynamic traffic, modern highway construction, development, operation, management, and maintenance methods to keep highways safe.
Therefore, it is hereby enacted as follows:
Short title and introduction
- (1) This Act shall be known as the’Highways Act, 2021 ‘.
(2) It shall take effect immediately.
Definition
- Unless there is anything contrary to the subject or context, in this Act—
(1) “Department” means the Department of Roads and Public Ways;
(2) “interconnection” means the junction of several roads;
(3) “Utility Duct” means a protected enclosed passageway (duct) carrying electricity, water, sewerage pipes, fibre optic cables, and other civil services;
(4) “interchange” means the infrastructure at the junction of several roads providing smooth access and egress from one road to another;
(5) “Motorway” means a highway to which vehicular access is controlled for the uninterrupted movement of vehicles;
(6) “authorized person” means an officer deputed by the Chief Engineer of the Department of Finance;
(7) “strategic highway” means a strategic highway declared by the Government in the interest of national security or for emergency, wartime or calamity use;
(8) “National Highway” means the road connecting the divisional headquarters, seaport, airport, land port, major river port, economic zone, export processing zone, container terminal depots with Dhaka, or connecting one divisional headquarters with another divisional headquarters, and the circular ring surrounding the divisional headquarters. roads;
(9) “toll” means a charge levied or levied on road users against the use of the road;
(10) “prescribed” means prescribed by law;
(11) “control line” means the line determined by the Government by Gazette notification from the reserve line of the highway;
(12) “access controlled highway” means any highway declared by the Government to be controlled access;
(13) “extremity” means the extremity of a highway;
(14) “rule” means any rule made under this Act;
(15) “Highway” means national, regional, and district highways in the road network of the Directorate, excluding inter-country, inter-regional, and continental highways located within the geographical boundaries of Bangladesh.
(a) land included in the right of way;
(b) highway slopes, berms, ditches, borrow-pits and adjacent drains;
(c) all lands adjacent to highways and highway embankments under the control of the Directorate;
(c) any structures or structures situated underground or over the highway;
(e) walls, poles, road structures situated on the highway or land adjacent to the highway under the control of the Department and all trees existing on such land on both sides of the highway; And
(f) protective works of highways along rivers, seas or large reservoirs, riverbank protective works, including guide dams both upstream and downstream in the case of bridges or river management works;
It shall include:
(16) “lane” means a designated route on a highway for the movement of vehicles in an orderly and single file; And
(17) “Reservation line” means 10 (ten) metres from the right of way on both sides of the highway or the line prescribed by the government through Gazette notification.
Rule of law
- Notwithstanding anything to the contrary contained in any other law for the time being in force, the provisions of this Act shall prevail.
Functions of the Directorate
- In order to fulfil the objectives of this Act, the Directorate shall, among other functions, perform the following functions, namely:
(1) formulation and implementation of highway network plans;
(2) formulation and follow-up of master plans, specifications, and manuals for construction, maintenance, development, and operation of highways;
(3) Feasibility verification, audit, and follow-up of highways and highway-related infrastructure development projects in public-private joint ventures;
(4) construction of infrastructure with necessary facilities to ensure smooth, uninterrupted, and safe movement of vehicles on highways;
(5) prescribing design standards for highways and related infrastructure and, from time to time, updating the same;
(6) regulating the smooth and safe movement of vehicles on highways;
(7) Creation, preservation and updating of a database of roads and bridges with necessary information through surveys for development planning, design and maintenance of highways and bridges;
(8) providing necessary advice to the Government on matters relating to motorways, national highways and strategic highways;
(9) connect and maintain highway networks separated by rivers or water bodies by ferry or other means;
(10) conducting training and research programmes related to highway development, maintenance and management;
(11) Taking measures for the safe use of designated highway spaces by persons with disabilities, children, and the elderly;
(12) collection of toll for the use of any motorway, national highway, strategic highway or, as the case may be, other highways or any infrastructure constructed thereon covered by the toll;
(13) maintain designated conservation lines and control lines;
(14) Construction, preservation and management of ITS (intelligent transportation system) and other necessary infrastructure, including toll-related infrastructure, in the public interest and managing them through artificial intelligence;
Explanation: For the purpose of this clause, the expression “ITS” means a more secure, efficient, and reliable transportation system through the innovative use of information technology.
(15) providing consulting or cooperation services for highway-related planning, programme adoption and project preparation, including its implementation;
(16) conducting activities related to the control and management of immovable property related to highways;
(17) purchase of necessary materials for the use of factories, machinery, and equipment for the construction and maintenance of highways or requisition of said materials for urgent needs;
(18) Construction of sustainable infrastructure to withstand the harmful effects of climate change by identifying vulnerable areas of the highway network in order to reduce the potential damage to highways from the effects of natural disasters caused by climate change;
(19) Adding trees to highway corridors to make them look better while still following sustainable development principles and putting engineering safety for vehicle traffic, planning for future highway development, long-lasting pavements, and drainage systems at the top of the list;
(20) taking necessary measures to enhance the beautification of highways;
(21) establishing and operating axle load control centres and other ancillary infrastructure for measuring the weight of vehicles plying on highways;
Explanation: For the purposes of this clause, the expression “axle load” means axle load or axle weight as defined in clause (5) of Section 2 of the Road Transport Act, 2018 (Act No. 47 of 2018).
(22) Control of traffic of overweight vehicles plying on highways; And
(23) To perform other duties assigned by the government from time to time.
Proclamation and control of highways, etc
- (1) The government may, by notification in the Official Gazette, declare any suitable road to be a highway or access-controlled highway.
(2) The government may construct and operate motorways for the movement of vehicles at a prescribed high speed.
(3) The government may, by notification in the government gazette, declare the movement of vehicles using any motorway, national highway, strategic highway, or other highway and any infrastructure constructed thereon to be subject to a toll.
(4) The Government, by notification in the Official Gazette,
(a) may undertake the supervision, control and management of any road in the country;
(b) may relinquish the responsibility for the supervision, control and management of any road in the country, entrust it to any other authority and re-assume the said responsibility; And
(c) may determine the conservation line and control line of the road.
Access control on highways
- (1) The government may control the entry of vehicles on access-controlled highways.
Provided that vehicles may enter or exit the highway to which access is controlled through access roads or feeder roads.
Explanation: For the purposes of this sub-section, the expression “access road” means any residential building adjacent to a highway or access-controlled highway, a commercial establishment, or a lane constructed according to the approved design of the Department from a local highway to connect with the highway or access-controlled highway.
(2) No other road or highway shall be connected with the access-controlled highway without the prior approval of the government.
(3) With the prior approval of the government, the department may, where applicable, connect interconnections, interchanges, or access roads with access-controlled highways as per engineering design.
Temporary highway closures
- For the improvement, repair, or maintenance of highways, the building or renovation of roadways, drains, culverts, and bridges connected to highways, or for public safety reasons, the government or someone authorised by the government to do so may temporarily close a highway or part of a highway.
Provided that the announcement of the closure of the highway shall be widely disseminated through print and electronic media in the form of a notice for the information of the users of the highway and shall be displayed at several visible places on the said highway:
Provided also that, before the highway is closed, if necessary, reasonable and adequate alternate routes for vehicles must be made available.
Use of highways for utilities
- When certain fees are paid, utility connections for public, semi-public, autonomous, or private institutions that provide public services must be laid along the edge of the highway.
As long as this is the case, the authority providing the service will pay for the utility connections to be moved to the Department’s control if it becomes necessary during the construction, repair, or maintenance of the highway.
(2) The Department may, where applicable, lay utility ducts along highways and collect tolls from the users of such ducts at the prescribed rate.
Restrictions on use of highways
- The following restrictions shall apply to the use of highways, namely:
(1) The highway shall not be used for drying crops, hay or any other produce or for any similar purpose;
(2) shall not march through any place other than a designated place on the highway or be stationed at any place on the highway for any purpose other than that permitted under this Act;
(3) no billboard, signboard, pylon or similar thing shall be hung or erected on the highway without the permission of the Department;
(4) no lane other than the designated lane on the highway shall be used for slow-moving vehicles;
(5) No vehicle shall be plying on the highway other than the speed prescribed by the Government by notification in the Official Gazette;
(6) Cattle shall not be entered, crossed, grazed, walked or stationed on the highway at any place other than the place prescribed by the Department;
(7) No vehicle shall be driven on the highway where noxious substances fall or emit;
(8) U-turn shall not be constructed at any other place except at the place designated by the Government;
(9) No damage shall be done to highway dividers;
(10) In the case of construction of any infrastructure on the side of the designated boundary of the highway, the plinth level of the said infrastructure shall not be made higher than the surface of the highway in any way;
(11) No structure shall be constructed within the reserve line of the highway.
(12) No construction of infrastructure, establishment of bazaars or use of any part of the highway for commercial purposes shall be made within the control line of the highway without the prior approval of the Government;
(13) No earth, sand, stone or anything connected with the highway shall be removed from the highway or any part of the highway;
(14) No object or obstruction shall be placed on the highway that may be dangerous or cause injury to any person or vehicle plying on the highway;
(15) Construction materials shall not be placed on the highway or any part of the highway;
(16) Dirt, rubbish or any other matter shall not be thrown or piled up on the highway, boundary or any part connected with the highway;
(17) No person may remove, damage, destroy, alter, or cover with any object any traffic sign, sign post, road marking, road lamp, road safety device, road safety fence, road boundary post, kilometre post, etc., erected on a highway. No; And
(18) No person shall, without the prior approval of the Department, alter the direction of a reservoir near a highway or obstruct the normal flow of a reservoir.
Implementation of Immovable Property Acquisition and Possession Act, 2017
- For the purpose of construction of motorway or highway, as the case may be, acquisition or encroachment of land shall be done in accordance with the Immovable Property Acquisition and Encroachment Act, 2017 (Act No. 21 of 2017).
Power of entry and inspection
- (1) In connection with the construction, development and management of motorways or highways or the formulation or execution of projects connected therewith or for the purposes of this Act, the person authorized—
(a) may enter any immovable property and carry out survey and survey operations, including inspection thereof;
(b) marking the boundaries or lines of land and may erect boundary posts for that purpose;
(c) may test the soil by boring it in the ground, taking photographs or video images, And
(c) for the purpose of carrying out the activities mentioned in clauses (a) to (c), the crops, trees or forest, if any, may be cleared from the said place;
Provided, however, that prior to taking any action under this section, at least 7 (seven) working days prior written notice shall be given to the owner or occupier of the land concerned expressing the intention.
(2) If any damage is caused to the land or property while undertaking the activities under sub-section (1), the Directorate shall pay compensation to the owner of the said land or property at the prescribed rate.
Highway Safety, etc
- In pursuance of the objectives of this Act, the Directorate-
(a) ensure the engineering safety of highways in connection with the construction, reconstruction, repair, or maintenance of highways;
(b) during the construction, repair, or maintenance of highways shall give the highest priority to the safety of the persons engaged in such work or the users of the highway and shall make policies in this regard;
(c) identify accident-prone areas on highways and take appropriate and effective measures to prevent accidents;
(d) identify any structure dangerous to highway or vehicular traffic and take necessary steps to remove or vacate the said structure; And
(e) take the necessary measures to prevent all such activities that may cause harm or damage to the highway.
Unlawful possession and trespass
- (1) The Directorate shall keep the highway or highway-related immovable and immovable properties and structures free from illegal occupation or illegal entry.
(2) No public, semi-public, autonomous, or private organisation providing civil services shall use highway land for the establishment of utilities providing civil services without the prior approval of the government.
Crime and Punishment
- (1) If any person violates the provisions of clauses (1) or (2) of Section 9, his said act shall be an offence, and for the said offence, he shall be punished with a fine not exceeding five thousand taka but not less than one thousand taka.
(2) If any person or institution violates the provisions of Clause (3) of Section 9, the said act shall be an offence, and for the said offence, the executive body of the said person or institution or the officers of any person or institution assisting them shall not exceed 50 (fifty) thousand taka, but shall be punished with a fine of not less than 10 (ten) thousand taka.
(3) If any person violates the provisions of Clauses (4) or (5) of Section 9, his said act shall be an offence, and for the said offence, he shall be punished with a fine not exceeding 50 (fifty) thousand taka but not less than 10 (ten) thousand taka.
(4) If any person violates the provisions of clauses (6) or (7) of Section 9, his said act shall be an offence, and for the said offence, he shall be punished with a fine not exceeding 25 (twenty-five) thousand taka but not less than 5 (five) thousand taka.
(5) If any person or institution violates the provisions of Clauses (8) or (9) of Section 9, the said act shall be an offence, and for the said offence, the executive body of the said person or institution or the officers of any person or institution assisting them shall not exceed 50 (fifty) thousand taka, but not less than 10 (ten) thousand taka will be punished.
(6) If any person or institution violates the provisions of Clause (10) of Section 9, the said act shall be an offence, and for the said offence, the executive body of the said person or institution or the officers of any person or institution assisting them shall be punished with not more than 1 (one) lakhs of taka, but shall be punished with a fine of not less than 25 (twenty-five) thousand taka.
Provided that the Department or the person authorised by the Department may remove such structures, and the entire cost of removing the said structures shall be borne by the person or organisation constructing the illegal structures.
(7) If any person or institution violates the provisions of Clauses (11) or (12) of Section 9, the said act shall be an offence, and for that offence, the executive body of the said person or institution or the officers of any person or institution assisting them shall be liable to permanent imprisonment. Imprisonment of not more than 2 (two) years in case of establishment, or fine of not more than 5 (five) lakh taka, and in case of temporary installation, not more than 2 (two) years of imprisonment, or not more than 50 (fifty) thousand taka, or both.
(8) If any person or institution violates the provisions of Clause (13) of Section 9, the said act shall be an offence, and the said offence shall be prosecuted in accordance with the Soil and Soil Management Act, 2010 (Act No. 62 of 2010).
(9) If any person or institution violates the provisions of Clauses (14) or (15) of Section 9, the said act shall be an offence, and for the said offence, the executive body of the said person or institution or the officers of any person or institution assisting them shall not exceed 50 (fifty) thousand taka, but not less than 10 (ten) thousand taka will be fined.
(10) If any person or institution violates the provisions of clauses (16), (17), or (18) of Section 9, the said act shall be an offence, and the executive body of the said person or institution or any person assisting them shall be liable for the said offence. or the officers of the organisation shall be punished with a fine of not more than 1 (one) lakh taka, but not less than 25 (twenty-five) thousand taka.
(11) If any organisation violates the provisions of sub-section (2) of Section 13, the said act shall be an offence, and for the said offence, the executive body of the said organisation, any person assisting them, or the officers of the organisation shall be fined not more than five lakh rupees.
Application of Criminal Procedure Code
- The provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898) shall be applicable in the case of investigation, trial, appeal, etc. of crimes under this Act.
Implementation of Mobile Courts Act, 2009
- The Mobile Courts can punish people who break this law, even if there are other laws in effect at the same time. The penalties must be in line with the Schedule to the Mobile Courts Act, 2009 (Act No. 59 of 2009).
Power to make rules
- (1) The government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the aforesaid powers, rules may be made in respect of all or any of the following matters, namely:
(a) use of closed-circuit (CC) cameras and other modern technologies to maintain highway safety;
(b) Engineering safety of vehicular traffic, future planning of highway development, durability of pavements, aesthetic afforestation at designated locations along highways with priority given to drainage system; And
(c) Water conservation system, including the construction of reservoirs
Revocation and Custody
- (1) The Highways Act, 1925 (Act No. III of 1925), hereinafter referred to as the said Act, is hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), under the said Act—
(a) any act done, any measure taken or any act in progress shall be deemed to be done, taken or in progress under this Act;
(b) any rules made shall, subject to consistency with the provisions of this Act, be deemed to be made under this Act;
(c) if any proceedings remain pending, they shall be discharged as if the said Act had not been repealed; And
(d) If any case filed remains pending, it shall be disposed of as if the said Act had not been repealed.
Publication of translated texts in English
- (1) After the commencement of this Act, the government shall, by notification in the Official Gazette, publish an authentic English text of this Act.
(2) In cases of conflict between the Bengali and English texts, the Bengali text shall prevail.