Act XI of 1991 · 14 pages
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THE NATIONAL HIGHWAY AUTHORITY ACT, 1991
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
ESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY
3. Establishment of National Highway Authority
4. Purpose and functions of Authority
5. National Highway Council
6. Powers and function of the Council
7. Executive Board
8. Powers and functions of the Executive Board
9. Chief Executive Officer, his duties, functions and powers
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
10. The power of the Authority
11. Plans and schemes
12. Powers to eject unauthorized occupants
Page 1 of 14
CHAPTER IV
ESTABLISHMENT
13. Appointment of officers, servants etc.
14. Recruitment and condition of service
15. Chief Executive Officer, etc., to be deemed to be public servants
16. Delegation of powers to Chief Executive Officer, etc.
17. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to apply
18. Persons serving National Highways Board
19. Authority to be local authority
________
CHAPTER V
REPORTS AND STATEMENTS
20. Submission of yearly reports and returns, etc.
________
CHAPTER VI
FINANCE
21. National Highway Authority Fund
22. Maintenance of accounts
23. Annual statement of accounts
24. Audit
CHAPTER VII
MISCELLANEOUS
25. Recovery of arrears due as arrears of land revenues
26. Land acquisition
27. Transfer of rights and liabilities
28. Authentication of orders and other instruments of the Authority
29. Power to enter
30. Indemnity, etc .
31. Rules
32. Regulations
33. Removal of difficulties
SCHEDULE
Page 2 of 14
THE NATIONAL HIGHWAY AUTHORITY ACT, 1991
*
ACT NO. XI OF 1991
[16th June, 1991]
An Act to establish a National Highway Authority
WHEREAS it is expedient to establish a National Highway Authority for planning,
development, operation and maintenance of National Highways and strategic roads and to provide
for matters connected therewith or incidental thereto;
It is hereby enacted as follows: —
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the National
Highway Authority Act, 1991.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or
context,⎯
(a) “Auditor General” means the Auditor General of Pakistan;
(b) “Authority” means the National Highway Authority established under section
3;
(c) “Board” means the Executive Board of the Authority;
1
[(ca) “CDWP” means the Central Development Working Party;]
2
[(d) “chief executive officer” means the chief executive officer of the Authority;]
(e) “Council” means the National Highway Council;
1
[(ea) “ECNEC” means the Executive Committee of the National Economic
Council;]
2
[(eb) “executive member” means a member of the Board;]
2
[(f) “member” means member of the Council;]
2
[(fa) “motorway” means a fully controlled access road designed and built for high
speed mobility of motor traffic ensuring international safety standards which
*
This Act shall apply to FATA, vide S.R.O. No. 488 (I)/ 98, dated 26-5-1998, with certain amendments in sections, 12 and 19. Also applied
to NA, vide S.R.O., 446(I)/2000, dated 5-7-2000.
1
Ins. by Ordinance No. XXXI of 2001, s. 2.
2
Subs. and ins. by Act No. IX of 2024, s. 2.
Page 3 of 14
does not serve the properties bordering on it except at special points, has
separate carriageway for the two directions of traffic separate from each other
either by a divided strip not intended for traffic or by other means, does not
cross at level with any road, railway, tramway, cycle track or footpath and
declared motorway by, the Federal Government by notification in official
Gazette and specified in Part III of the Schedule;
(fb) “motorway link road” means a fully controlled access road as described in
clause (fa) including slip roads or ramps leading to an from motorways;]
1
[(g) “National Highway” means a highway primarily designed for inter-provincial
or cross-border connectivity and placed under the jurisdiction of the Authority
by the Federal Government by notification in the official Gazette and specified
in Part I of the Schedule or any other strategic road and motorway included in
Part II and Part III of the Schedule respectively and declared as such by the
Federal Government by notification in the official Gazette;]
1
[(h) “Chairman” means Chairman of the Council;]
(i) “Regulations” means regulations framed under this Act;
(j) “Right of Way” (ROW) means the land acquired for the purpose of
construction of a National Highway or any other road assigned to the
Authority;
(k) “road” means a road including land within the right of way and all works,
such as, carriageways, cartways, footpaths berms, side drains, culverts,
bridges, tunnels, fences, posts, sign boards, plantation and lighting
arrangements, intersections and medians assigned to the Authority;
(l) “rules” means rules made under this Act; 2[and]
1
[(la) “Schedule” means the Schedule to this Act;
(lb) “SOE Act” means the State-Owned Enterprises (Governance and Operations)
Act, 2023 (VII of 2023);]
1
[(m) “strategic road” means a road having strategic importance or defense
requirements not limited to cross-border connectivity as specified in Part II of
the Schedule after having been declared as such by the Federal Government by
notification in the official Gazette on the recommendations of the Council.]
1
(n) [* * * * * * *]
_____________
1
Subs. and ins. by Act No. IX of 2024, s. 2.
2
Added and omitted by Ordinance No. XXXI of 2001, s. 2.
Page 4 of 14
CHAPTER II
ESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY
3. Establishment of National Highway Authority.—(1) As from the commencement of
this Act there shall be established for carrying out the purposes of this Act, an Authority to be
known as the National Highway Authority.
(2) The Authority shall be a body corporate having perpetual succession and a common seal
with power to acquire, hold and dispose of property, and may by its name sue and be sued.
(3) The headquarters of the Authority shall be at Islamabad.
1
[(4) Notwithstanding anything contained in this Act, the SOE Act, including sections 12, 15
and 22 thereof, shall apply to the provisions of this Act and in case of any inconsistency between the
provisions of this Act and the SOE Act, the provisions of the SOE Act shall prevail.
(5) The Authority shall be governed by the Council which shall act as the Board as defined in
sub-clause (ii) of clause (b) of section 2 of the SOE Act.]
4. Purpose and functions of Authority.—The purpose and functions of the Authority shall
be to plan, promote, organise and implement programmes for construction, development operation,
repairs and maintenance of 1[national highways, motorways and strategic roads] specially entrusted
to it by the Federal Government, or by a Provincial Government or other authority concerned.
1[5.
National Highway Council.—(1) There stands established the National Highway
Council consisting of—
S.No. Membership Status
(1) (2) (3)
(a) One of the independent Members appointed by the Chairman
Federal Government.
(b) Secretary of the Finance Division or his nominee not Member
below the rank of Additional Secretary or equivalent ex-officio
(c) Secretary of the Planning, Development and Special Member
Initiatives Division or his nominee not below the rank of ex-officio
Additional Secretary or equivalent
(d) Secretary of the Communications Ministry or his Member
nominee not below the rank of Additional Secretary or ex-officio
equivalent
(e) Chief Executive Officer Member
(f) Five independent members to be appointed by the Member-
Federal Government from private sector, each of whom (Independent)
shall have the requisite skills, competence, knowledge,
experience and approach so that the Council as a group
includes core competencies and diversity to assist the
Authority in achieving its primary and other objectives
1
Added and Subs. by Act No. IX of 2024, ss.3-5.
Page 5 of 14
(2) Subject to the provisions of the SOE Act in this behalf, the Federal Government may, by
notification in the official Gazette, increase or decrease the number of members of the Council
subject to having the independent Members in majority and that the quorum rules are adjusted
accordingly.
(3) Subject to the provisions of the SOE Act in this behalf, the general policy direction of the
Authority shall vest in the Council.
(4) Not less than fifty percent of total membership of the Council including not less than three
independent and one ex-officio member shall constitute quorum for a meeting of the Council.
(5) The meeting of the Council shall be presided by the Chairman and in case of his absence
the meeting shall be presided by such a member as the Chairman may nominate.
(6) Decisions of the Council shall be taken in accordance with sub-section (2) of section 22 of
the SOE Act.
(7) The Council may constitute committees with its chairmanship along with their terms of
reference from amongst its members and may assign to it the business on which the committee shall
make its recommendations for approval by the Council and quorum for meeting of each such
committee shall be fifty percent and a fraction shall be rounded as one member.
(8) The Chairman of the Council shall be responsible for leading the Council and ensuring its
effective functioning and continuous development and shall not involve in day-to-day operations of
the Authority.]
1[6. Powers and function of the Council.—(1) The Council shall exercise its powers and
perform its functions in accordance with the provisions of this Act and the provisions of the SOE Act
with regard to a Board being apex body.
(2) In addition to the powers and functions provided for in sub-section (1), the Council shall__
(a) approve five years’ plans or such other plans, recommended by the executive
board, in consultation with relevant stakeholders for construction and
development of national highways, motorways and strategic roads specially
entrusted to the Authority by the Federal Government or by a Provincial
Government or other entity;
(b) approve the annual maintenance plan recommended by the executive board for
national highways, motorways, and strategic roads;
(c) lay down national policies and guidelines to be followed by the Authority in
the performance of its functions; and
(d) approve annual development and non-development budget on recommendation
of the executive board.]
1[7.
Executive Board.—(1) For exercising its powers and performing its functions, the
Council shall be assisted by an Executive Board consisting of—
1
Subs. by Act No. IX of 2024, s
Page 6 of 14
S.No. Membership Status
(1) (2) (3)
(a) Chief executive officer Chairperson
(b) Member (Planning) of the Authority Executive Member
(c) Member (Engineering) of the Authority Executive Member
(d) Member (Aided Projects) of the Authority Executive Member
Member (Public Private Partnership Projects) of the
(e) Authority Executive Member
(f) Member (Finance) of the Authority Executive Member
(g) Member (Administration) of the Authority Executive Member
(2) The chief executive officer shall be the chief executive of the Authority appointed by the
Council by the three-fourth majority resolution including vote of ex-officio members under a
performance-based contract as per the criteria set by Council who shall—
(a) be responsible for the management of the Authority and for its procedures in
financial and other matters under delegation from the board and subject to the
oversight and directions of the Council;
(b) ensure the proper implementation of strategies and policies approved by the
Council; and
(c) put in place appropriate arrangements to ensure that funds and resources are
properly safeguarded and are used economically, efficiently and effectively
and in accordance with the Authority’s plan, the primary objective and all
statutory obligations.
(3) The chief executive officer, or in his absence a member of the Executive Board authorized
by him on his behalf, shall preside meetings of the Executive Board.
(4) Fifty percent of its total membership shall constitute quorum for meetings of the Board, a
fraction shall be rounded as one member.
(5) Decision by majority of the members present and voting shall be construed as decision of
the Executive Board.]
1[8. Powers and functions of the Executive Board.—The executive board shall exercise its
powers and perform its functions in accordance with the provisions of this Act, including to__
(a) consider and recommend, in consultation with relevant stakeholders, proposals
for schemes and projects;
(b) consider and approve award of contracts for works, services and goods;
(c) recommend the annual maintenance plan for national highways, motorways,
and strategic roads;
(d) consider and review progress reports of the Authority;
(e) recommend to the Council for approval annual development and non-
development budget;
(f) recommend schemes and projects to be funded through toll and other receipts
from operation of national highways, motorways and strategic roads; and
(g) perform such other functions as may be assigned to it by the Council.]
1
Subs. by Act No. IX of 2024, s. 8.
Page 7 of 14
9. 1[Chief Executive Officer], his duties, functions and powers.—(1) The Council shall
appoint the 1[Chief Executive Officer] who shall be the Chief Executive of the Authority and shall
exercise such powers and perform such functions as may be specified by the Council.
(2) The 1[Chief Executive Officer] shall receive such salary and allowances and be subject to
such conditions of service as may be determined by the Council.
2
[(3) The 1[Chief Executive Officer] shall have the power to approve projects of emergent
nature, maintenance, rehabilitation and construction affecting traffic movement and safety of
structures up to fifty million rupees and to recommend for approval proposals, schemes and projects
exceeding fifty million rupees to the Executive Board.
(4) The 1[Chief Executive Officer], on the recommendations of the Executive Board, shall
have the power to divert funds from one approved project to another only within a financial
year’s allocation.]
__________
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
10. The powers of the Authority.—(1) The Authority may take such measures and exercise
such powers as it considers necessary or expedient for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the powers conferred by sub-section (1), the
Authority may for the purpose of carrying out the purposes of this Act⎯
(i) advice the Federal Government on matters relating to 1[national highways,
motorways and strategic roads];
(ii) acquire any land in accordance with legal procedure and obtain and dispose of
movable and immovable property or interests therein:
(iii) undertake any work specified in sub-sections (1) and (2) of section 11;
(iv) incur expenditure on works specified in clause (iii);
(v) procure plant, machinery, instruments and materials required for its use;
(vi) enter into and perform all such contracts as it may consider necessary;
(vii) levy, collect or cause to be collected tolls on 1[national highways, motorways
and strategic roads] and such other roads as may be entrusted to it and bridges
thereon;
(viii) licence facilities on roads under its control on such terms as it deems fit;
(ix) determine a building line between which and the ROW it shall not be lawful
without the consent of the Authority to construct or maintain any structure or
make any excavation;
1
Subs. by Act No. IX of 2024, ss. 9-10.
2
Added by Ordinance No. XXXI of 2001, s. 7
Page 8 of 14
(x) cause studies, surveys, experiments and technical researches to be made or
contribute towards the cost of any such studies, surveys, experiments or
technical researches made by any other agency;
(xi) exercise power to award negotiated contracts for projects to be undertaken
through Private Sector Financing programme;
(xii) seek and obtain advice and assistance for the preparation and execution of any
plan, programme or project;
(xiii) raise funds (local and foreign) through borrowing, floating of bonds, sharing
or leasing of assets or any other means, from time to time;
Provided that a foreign loan shall be negotiated in consultation with
the relevant Ministry of the Government of Pakistan;
(xiv) perform any other function supplemental, incidental or consequential to the
purposes and functions aforesaid 1[; and]
1
[(xv) takeover ROW of the roads declared as 2[national highways, motorways and
strategic roads] with the consent of provinces and approval of the Federal
Cabinet and Provinces shall simultaneously effect the mutation free of cost
and without any liability or condition.]
11. Plans and schemes.—(1) The Authority shall prepare a master plan for the
development, construction, operation and maintenance of 2[national highways, motorways and
strategic roads] in Pakistan for the approval of the Council.
(2) The Authority may frame a scheme or schemes for all or any of the following matters,
namely:⎯
(i) construction, expansion, operation and development of 2[national highways,
motorways and strategic roads];
(ii) research and development in the field of Highways;
(iii) training of the Authority’s employees;
(iv) welfare of the Authority’s employees; and
(v) any other matter pertaining to the purposes and functions of the
Authority or incidental thereto.
12. Powers to eject unauthorized occupants.⎯Subject to rules, the Authority shall have
power to summarily eject any unauthorised occupant of National Highway or strategic road or
proposed site thereof and demolish and remove any structure thereon, and to use such force,
including police force, as may be necessary for the purpose and to recover the cost thereof from the
person responsible for such occupation or obstruction.
1
Subs. and added by Ordinance No. XXXI of 2001, s. 8.
2
Subs. by Act No. IX of 2024, ss. 10-11.
Page 9 of 14
______ CHAPTER IV
ESTABLISHMENT
13. Appointment of officers, servants etc.⎯(1) The Authority may from time to time
employ such officers and servants, or appoint such experts or consultants, as it may consider
necessary for the performance of its functions, on such terms and conditions as it may deem fit.
(2) Notwithstanding any thing contained in sub-section (1), any rules made, or orders or
instructions issued, by the Authority, or in the terms and conditions of service of any person
employed by or serving under the Authority, the Authority may at any time terminate the services of
any person, after giving him not less than sixty days notice or pay for the period by which such
notice falls short of sixty days.
(3) Service under the Authority is hereby declared to be service of Pakistan and every person
holding a post under the Authority, not being a person who is on deputation to the Authority from
any province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act,
1973.
14. Recruitment and condition of service.⎯The Authority shall, with the approval of the
Council, prescribe the procedure for appointment and terms and conditions of service of its
officers and servants.
15. 1[Chief Executive Officer], etc., to be deemed to be public servants.⎯The 1[Chief
Executive Officer], 1[Executive Members], officers and servants of the Authority shall, when acting
or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).
16. Delegation of powers to 1[Chief Executive Officer], etc.⎯The Authority may by
general or special order delegate to the 1[Chief Executive Officer], a 1[Executive Member] or officer
of the conditions as it may think fit to impose.
17. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to apply.⎯Nothing
contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to, or in relation
to, the Authority.
18. Persons serving National Highways Board.⎯(1) Any person on deputation to the
National Highways Board immediately before the constitution of the Authority shall, on the
constitution of the Authority, be deemed to be on deputation to the Authority on the same terms and
conditions of service to which he was entitled in the National Highways Board.
(2) Employees of the National Highways Board immediately before the constitution of
the Authority, including a person on deputation to any other organization in Pakistan or
abroad, may, on the constitution of the Authority, opt to become an employee of the Authority.
(3) An employee exercising an option under sub-section (2) shall become an employee of the
Authority on such terms and conditions as may be prescribed by rules or regulations.
(4) The Federal Government shall contribute to the pension, gratuity and final payment of
provident fund of a person absorbed in the Authority under sub-section (3) in accordance with the
rules of the Federal Government in force at the time of such absorption.
1
Subs. by Act No. IX of 2024, ss. 12-13.
Page 10 of 14
19. Authority to be local authority.⎯The Authority shall be deemed to be a local
authority for the purpose of borrowing money under the Local Authorities Loans Act 1914 (IX of
1914).
____________
CHAPTER V
REPORTS AND STATEMENTS
20. Submission of yearly reports and returns, etc.⎯ (1) The Authority shall submit to
the Federal Government, as soon as possible after the end of every financial year but before the
last day of September next following, a report on the conduct of its affairs for that year.
(2) A copy of the report mentioned in sub-section (1), together with a copy of the audit
report, shall be placed by the Federal Government before the National Assembly and the National
Assembly shall refer the same to its Committee on Public Accounts for scrutiny and examination.
(3) The Committee on Public Accounts shall scrutinies and examine the reports referred
to it under sub-section (2) in the same manner as, and shall in respect thereof, perform the same
functions and exercise the same powers as are required by it to be performed and exercised in
respect of appropriation accounts of the Federal Government and the report of the Auditor General
thereon.
(4) The Federal Government may require the Authority to furnish it with⎯
(i) any return, statement, estimate, statistics or other information regarding any
matter under the control of the Authority; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the Authority;
and the Authority shall comply with every such requisition.
____________
CHAPTER VI
FINANCE
21. National Highway Authority Fund.⎯(1) There shall be formed a non-lapsable fund
vesting in the Authority known as the “National Highway Authority Fund”, to be utilized by the
Authority to meet charges in connection with its functions under this Act including the payment of
salaries and other remuneration to the Chairman, Members, officers, servants, experts and
consultants of the Authority.
(2) The National Highway Authority Fund shall be kept in scheduled banks and shall be
operated according to rules and regulations of the Authority.
(3) 1[The National Highway Authority Fund shall have to its credit] all funds received by the
Authority from which the Authority can incur expenditure related to its functions including⎯
1
Subs. by Ordinance No. XXXI of 2001, s. 9.
Page 11 of 14
(i) loans obtained from the Federal Government;
(ii) other loans obtained by the Authority;
(iii) grants made by the Federal Government;
(iv) income from tolls;
(v) funds provided by the Federal Government;
(vi) foreign aid, grants and loans negotiated and raised by the Authority;
(vii) all other sums received by the Authority, such as fees, damages costs, refunds,
forfeitures, sale proceeds, lease money, rentals and fines;
(viii) income from the sale of assets, land or vehicles; and
(ix) funds from floating bonds, shares or through any other means.
22. Maintenance of accounts.⎯The Authority shall maintain complete and accurate books
of accounts in such forms as may be prescribed by it.
23. Annual statement of accounts.⎯In the month of January each year, the Authority
shall submit to the Federal Government for approval a statement of the estimated receipts and
expenditure in respect of the next financial year.
24. Audit.⎯(1) The accounts of the Authority shall be audited every year by the Auditor-
General in such manner as may be prescribed by the Federal Government.
(2) Copies of the audit report shall be sent to the Authority and, with the comments of the
Authority, to the Federal Government and shall also be available for public inspection.
(3) The Authority shall carry out any directive issued by the Federal Government for
rectification on an audit objection.
___________
CHAPTER VII
MISCELLANEOUS
25. Recovery of arrears due as arrears of land revenues.__ Any sum due to the Authority
shall be recoverable as an arrear of land revenue.
26. Land acquisition.⎯The acquisition of any land or any interest in land for the Authority
or for any project under this Act shall be deemed to be acquisition for a public purpose within the
meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall
apply accordingly.
27. Transfer of rights and liabilities.⎯ (1) As from the commencement of this Act
all assets and liabilities and all rights and obligations of the National Highways Board and the
Directorate General National Highways shall stand transferred to the Authority.
Page 12 of 14
(2) All contracts made by the National Highway Board the Directorate General National
Highway shall be deemed to be contracts made by the Authority.
28. Authentication of orders and other instruments of the Authority.⎯All orders,
decisions and other instruments of the Authority shall be authenticated by the signature of the
Chairman and any other Member or any officer of the Authority authorised by it in this behalf.
29. Power to enter.⎯Subject to any regulations made in this behalf, any person
generally or specially authorised by the Authority in this behalf may, whenever it is necessary so to
do for any of the purposes of this Act at all reasonable times, enter upon any land or premises, and
(i) make any inspection survey, measurement, valuation or enquiry;
(ii) take levels;
(iii) dig or bore into sub-soil;
(iv) set out boundaries and intended lines of work;
(v) mark such levels, boundaries and lines by placing marks and cutting
trenches; and
Provided that no such person shall enter any boundary or any enclosed
court or garden attached to a dwelling-house except with the consent of the
1
[occupant] thereof for obtaining which at least twenty-four hours notice
in writing of his intention to do so has been given to the 1[occupant].
30. Indemnity, etc.⎯ (1) Nothing in this Act shall be construed as imposing upon the
Authority, either directly or indirectly, any duty enforceable by proceedings before any court.
(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the
Chairman or any Member, officer, servant, expert, or consultant of the Authority in respect of any
damage caused or likely to be caused or anything done or intended to be done in good faith under
this Act or the rules or regulations.
31. Rules.⎯The Federal Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Act.
32. Regulations.⎯The Authority may make regulations, not inconsistent with the
rules, on all matters for which regulations are expedient.
2[33. Removal of difficulties.⎯If a difficulty arises in giving effect any of the provisions of
this Act, the Federal Government may make such order, not inconsistent with the provisions of this
Act and the State-Owned Enterprises (Governance .and Operations) Act, 2023 (VII of 2023), as may
appear to be necessary for the purpose of removing the difficulty.]
_____________
1
Subs. by Ordinance No. XXXI of 2001, s.10.
2
Subs. by Act No. IX of 2024, s.14.
Page 13 of 14
THE SCHEDULE
[See section 2(g) and (m)]
Part - I
RGN Date: 03-09-2024
1
Subs. and Added by Ordinance No. XXXI of 2001, s.12.
Page 14 of 14
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