Act 25 of 1902
- Commenced on 4 October 1902
- [This is the version of this document as it was at 30 June 2012 to 30 October 2022.]
1. Short titleThis Act may be cited as the Road Act.
Part I – Public roads and highways
2. Definition of roadsPublic roads shall be the roads, streets, and paths mentioned in the First Schedule, and such others as may be constructed or repaired under this Act and from time to time proclaimed by the Minister.
3. Public roads and bridges
4. Restriction on powers relating to works on roads
5. Exemption from liability for non-feasance
Part II – Disused roads
6. Disused roads may become private property
7. Inquiry to be heldBefore the Minister grants any authorisation under section 6 the Minister shall refer the matter to a committee of inquiry (hereinafter referred to as the committee) consisting of not less than three persons appointed by the Minister, and the committee shall inquire into the matter as hereinafter provided.
8. Notice of inquiry to be givenThe committee shall give at least fourteen days notice of the proposed inquiry, which notice shall be published in the Gazette and in a local newspaper.
9. Objections may be lodgedThe notice shall give full particulars of the portion of road it is proposed to hand over to private ownership and shall name a date before which objections must be lodged. Objections must be in writing and give the reasons for the objection.
10. Manner of inquiryThe committee shall consider any written objection which may have been duly lodged and shall hear any objector who wishes to be heard, and shall also hear any other evidence which the committee considers to be relevant to the matter under inquiry.
11. Report of inquiryOn the conclusion of the inquiry the committee shall report to the Minister whether—
12. Proprietor who is shut in to be granted access to public roadAn owner granted an authorisation under section 6 shall provide any adjacent proprietor who may be deprived of access by the closing of the road with free and reasonable access to the nearest public road. The provisions of article 682 of the Civil Code as to compensation and indemnity shall not apply to such a case.
13. Proclamation to be issuedIf the Minister decides to grant the authorisation he shall announce the fact by order published in the Gazette setting out the conditions subject to which the authorisation is granted.
14. Registration to be freeThe authorisation with all conditions to which it is subject shall be registered in the Registry of Deeds free of all charge.
15. PenaltiesAny proprietor who shall fail to comply with the conditions set out in the order under section 13 shall be liable in damages to any person who has suffered damage from such default and shall further be liable to a fine not exceeding Rs.1,000 to be paid to the Government at the suit of the Attorney General and the Minister may order that the road alienated under the provisions of this Act shall be restored to the domaine public in accordance with article 538 of the Civil Code.
16. Regulations for Part IIIt shall be lawful for the Minister to make regulations to govern the procedure under this Part, to confer powers on the committee, and for the better carrying out of this Part.
Part III – Road improvement
17. Interpretation in this PartIn this Part unless the context otherwise requires—"building" includes any erection of whatever material and in whatever manner constructed or any part of a building, and where the context so permits, includes the land on, in or under which the building is situated;"building line" means a frontage line for building beyond which no building or structure may project;"building operations" include any excavations below ground level and any road works preliminary or incidental to the erection of buildings;"centre line" in relation to any road means the line which lies down the centre of the carriageway of such road unless the Minister otherwise provides by order published in the Gazette;"improvement line" means a line which may be prescribed under section 19 in relation to either or both sides of a road indicating the width to which the road is to be widened;"land" includes land covered with water and buildings and other things attached to land and also any right or beneficial interest in or over land;"owner" includes a lessee, a usufructuary or any other person having a beneficial interest in the land;"road" means any highway, and any other road to which the public have access and any public place to which vehicles have access and includes any bridge, ford, culvert, or other work in the line of such road;"structure" includes—(a)any pole, mast, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause an obstruction;(b)any bridge, culvert or any construction of a similar nature; and(c)any external alteration or addition to a structure."undertaker" means the authority, body or person by whom a statutory power to execute undertakers' works is exercisable in the capacity in which that power is vested in them;"undertakers' work" means works (including works executed or to be executed on behalf of the Republic) for any purposes, being works of any of the following kinds, that is to say—(a)placing, inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing any apparatus;(b)breaking up or opening a road for the purposes of works mentioned in paragraph (a) of this definition, and tunnelling or boring under a road for such purposes, breaking up or opening a sewer, drain or tunnel for such purposes, and other works requisite for or incidental to those purposes and shall include laying any pipe-line, wire or cable on or over any such road;"works" includes any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well, and any addition or alteration to such works.
18. Classification of roads
19. Improvement lines
20. Building linesIf the Minister is satisfied that it is necessary or expedient so to do in order to secure the orderly erection of buildings or structures, he may prescribe a building line in relation to either side or both sides of any classified road.
21. Withdrawal or modification of improvement or building lineThe Minister may at any time withdraw or modify an improvement line or a building line prescribed under this Part or any part of such line.
22. Procedure for prescribing and modifying linesThe second schedule to this Act shall apply to the prescribing prescription of an improvement line or of a building line under this Part and to the withdrawal or modification of such line or of any part thereof.
23. Line included in a development planAn improvement line or a building line shall be deemed to have been prescribed under this Part if such line is included n a development plan in force under the Town and Country Planning Act.
24. Prohibition of building
25. Restoration of land to its former stateWhere a building or structure has been erected or building operations commenced on any land in contravention to the provisions of section 24 the Minister may order the owner or occupier of such land to restore the land to its former state, including the removal or alteration of any building or structure. An order may be made under this section whether or not the owner or occupier has been prosecuted for or convicted of an offence under section 29.
26. Compensation and acquisition of land
27. Power to authorise survey
28. Minister's decision finalAny decision of the Minister made for the purposes of this Part shall be final and conclusive:Provided that if the Minister delegates any of his powers under this Part a person aggrieved by the decision of such delegate may appeal to the Minister whose decision on the appeal shall be final and conclusive.
29. Offences and penaltiesAny person who contravenes the provisions of section 23 shall be guilty of an offence and liable to a fine of Rs.2,000 and to imprisonment for one year, and in the case of a continuing offence to a further penalty of Rs.500 for each day during which the offence continues.
30. Regulations for Part IIIThe Minister may make regulations for carrying out the objects and provisions of this Part and, in particular, but without prejudice to the generality of the foregoing power, such regulations may—
History of this document
31 October 2022 amendment not yet applied
Amended by Road Act (Authorisation) Order, 2022
30 June 2012 this version
04 October 1902