The National Highways Authority of India Act, 1988

The National Highways Authority of India Act, 1988, was enacted to provide for the constitution of an Authority for the development, maintenance, and management of national highways and for matters connected therewith or incidental thereto. This act aims to establish a specialized body for the efficient management of national highways in India. While the Act does not specify a particular ministry, it falls under the purview of the Ministry of Road Transport and Highways in India.

Act Background and Ministry:
The National Highways Authority of India Act, 1988, was enacted to provide for the constitution of an Authority for the development, maintenance, and management of national highways and for matters connected therewith or incidental thereto. This act aims to establish a specialized body for the efficient management of national highways in India. While the Act does not specify a particular ministry, it falls under the purview of the Ministry of Road Transport and Highways in India.

Enactment date, number of chapters, number of sections:
The National Highways Authority of India Act, 1988, was enacted on December 16, 1988. The Act is structured into 6 chapters and 37 sections, along with a schedule. These sections cover various aspects of the National Highways Authority of India, including its establishment, constitution, powers, functions, financial matters, and miscellaneous provisions.

Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It establishes the National Highways Authority of India, defines its composition, powers, and functions, and outlines the relationship between the Authority and the Central Government. The Act also provides for the acquisition of land, the vesting of highways, and other related matters.

On Whom it is applicable:
The National Highways Authority of India Act, 1988, is applicable to the National Highways Authority of India, its members, officers, and employees, and to the Central Government in relation to the management of national highways. It also applies to individuals and entities involved in the development and maintenance of national highways.

Penalties/Punishments:
The Act prescribes penalties for certain violations, including:

• Punishment with imprisonment for a term which may extend to five years, or with fine, or with both for mischief by injury to national highway.
  The Act also includes provisions for the recovery of dues and the enforcement of decisions through legal means.

Important Pointers:

• The Act establishes the National Highways Authority of India (NHAI) for the development and maintenance of national highways.

• The Authority consists of a Chairman and other members appointed by the Central Government.

• The Act outlines the functions of the Authority, including the power to acquire land, vest highways, and make contracts.

• It provides for the transfer of assets and liabilities of the Central Government to the Authority.

• The Act mandates the establishment of a fund for the Authority and outlines its financial powers.

• The Central Government has the power to issue directions to the Authority and to temporarily divest it of management in certain cases.

• The Act ensures that the Authority’s activities are transparent and accountable.

• The Act also includes provisions for the protection of actions taken in good faith.

• The Act has been amended over time to adapt to changing needs and circumstances.

• The Act empowers the Central Government to make rules and the Authority to make regulations for carrying out the provisions of the Act.

Act Copy: