[M.P.
Act No. 34 of 1936] [11th December, 1936] Published in the "Central Provinces Gazette", dated
the 11-12-1936. An act for the regulation of traffic on public roads and
places in [1][Madhya Pradesh]. Whereas it is expedient to make provision for the regulation
of traffic on public roads and places in [2][Madhya Pradesh]; And whereas the previous sanction of the Governor-General
required by sub-section (3) of Section 80-A of the Government of India Act, has
been obtained to the passing of this Act; It is hereby enacted as follows :- (1)
This
Act may be called the [3][Madhya Pradesh] Highway
Act, 1936. (2)
It
extends to and shall be in force in the whole of Madhya Pradesh. In this Act, unless there is
anything repugnant in the subject or context,- (a) ? 'public road or place' means a road,
street, way or other place, whether a thoroughfare or not, in charge of, or
maintained by the State Government or any local authority and notified by the
State Government as such road or place;] [5][(b) ? 'local authority' means a Municipal
Corporation, Municipal Committee, Notified Area Committee, Town Committee,
District Board, Janapada Sabha, Mandal Panchayat, Gram Sabha, Gram Panchayat,
Village Panchayat, or other authority entitled to or entrusted by the
Government, with the control or management of a municipal or local fund; and
includes any authority deemed to be a local authority under any enactment.] (1)
The
State Government may make rules for the regulation of traffic on [6][public] 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 restriction the use of vehicles of any particular class or description
considered likely to cause obstruction on a [7][public] 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
as 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
refuges, if such halting is likely to cause obstruction to traffic; (i)
the
carrying and use on vehicles or animals 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 such 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 [8][public] 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 [9][public] road,
or on any side road or other approach thereto, and (iii)?
?to remove from a [10][public] 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 authorizing such officers to lop, cut or trim such tree,
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 [11][public] roads
or places, vehicles or animals or may be special for a particular [12][public] 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 on the table of the Legislative
Assembly. The State Government shall give the Assembly an opportunity of
discussing them and shall take into consideration any resolution concerning the
same which may be passed by the Legislative Assembly 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. (1)
he State Government or any officer authorised
by the State Government in this behalf may, by order, prohibit or restrict for
such period as may be specified in the order, the use of any [14][public] road or place. (2)
If
any person contravenes any order made under sub-section (1), he shall be punishable with imprisonment for a term
which may extend to six months or with fine or with both.] Notification In pursuance of the present section the Provincial Government
notified every road or place specified in the Schedule annexed to be a
Government road or place. See Police Department Notification No. 978-1045-IV,
dated 11-7-1945, published in C.P. and Berar Gazette, dated 3-8-1945, Part
III, from pages 266 to 275. Certain roads or places were further notified to be Government
roads or places, See Police Department Notification No. 1837-1735-IV, dated
12-12-1945, Published in C.P. and Berar Gazette, dated 14-12-1945, Part III.
For further amendments see notification No. 310-364-IV (MV), dated 6-5-1954,
published in M.P. Rajpatra, dated 14-5-1954, Part IV (G) at page 146. [1] Substituted by Section 3 (4) of the M.P.
Extension of Laws Act, 1958 (XXIII of 1958). [2] Substituted by Section 3 (4) of the M.P.
Extension of Laws Act, 1958 (XXIII of 1958). [3] Substituted by Section 3 (4) of the M.P.
Extension of Laws Act, 1958 (XXIII of 1958). [4] Substituted by M.P. Act No. 4 of 1954. [5] Substituted by M.P. Act No. 4 of 1954. [6] Substituted by M.P. Act No. 4 of 1954. [7] Substituted by M.P. Act No. 4 of 1954. [8] Substituted by M.P. Act No. 4 of 1954. [9] Substituted by M.P. Act No. 4 of 1954. [10] Substituted by M.P. Act No. 4 of 1954. [11] Substituted by M.P. Act No. 4 of 1954. [12] Substituted by M.P. Act No. 4 of 1954. [13] Inserted by C.P. and Berar Act No. 27 of
1947. [14] Substituted by M.P. Act No. 4 of 1954.Madhya
Pradesh Highway Act, 1936