Nha Act
Nha Act
CONTENTS
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
7. Executive Board
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
10. The power of the Authority
Page 1 of 16
CHAPTER IV
ESTABLISHMENT
CHAPTER V
REPORTS AND STATEMENTS
Page 2 of 16
THE NATIONAL HIGHWAY AUTHORITY ACT, 1991
*
ACT NO. XI OF 1991
An Act to establish a National Highway Authority
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the National
Highway Authority Act, 1991.
(b) “Authority” means the National Highway Authority established under section
3;
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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;”]
(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, carriage ways, cartways, footpaths berms, side drains, culverts, bridges,
tunnels, fences, posts, sign boards, plantation and lighting arrangement,
intersections and medians assigned to the Authority;
(lb) “SOE Act” means the State Owned Enterprises (Governance and Operations) Act,
2023 (Act 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.]
2
[* * * * * * *]
1
Subs. and Ins. by Ordinance No. V of 2023, s.2.
2
Subs. and Omitted by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s. 2.
Page 4 of 16
CHAPTER II
(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.
(5) The Authority shall be governed by the Council who will act as the “Board” as defined in
section 2(b)(ii) 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 the following, namely:__
S.No. Membership Status
(1) (2) (3)
(a) The Minister of Communications Division or such other Chairman
person as the Federal Government may appoint.
(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) Six independent members to be appointed by the Federal Member
Government from private sector, each of whom shall (Independent)
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 Ordinance No. V of 2023, ss.3-5.
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(2) Subject to the provisions of the SOE Act in this behalf, the Federal Government may by
notification in the official Gazette, modify the number of members of the Council.
(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) Where the circumstances so warrant, the Council shall meet at least once in two months
and quorum for meeting of the Council shall be six members.
(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.]
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
1
[7. Executive Board.__ (1) For exercising its powers and performing its functions, the
Council shall be assisted by an executive board consisting of the following, namely:__
1
Subs. by Ordinance No. V of 2023, ss.6-7.
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S.No. Membership Status
(1) (2) (3)
(a) Chief Executive Officer Chairperson of
Executive Board
(b) A representative not below the rank of Additional Secretary or Executive Member
equivalent of the division to which business of finances of the
Federal Government stands allocated
(c) A representative not below the rank of Additional Secretary or Executive Member
equivalent of the division to which business of planning and
development of the Federal Government stands allocated
(d) A representative not below the rank of Joint Secretary or equivalent Executive Member
of the division to which business of communications of the Federal
Government stands allocated and dealing with business of the
Authority
(e) Inspector General, National Highways and Pakistan Motorway Executive Member
Police or his nominee not below the rank of Joint Secretary or
equivalent
(f) A representative not below the rank of Joint Secretary or equivalent Executive Member
of the National Transport Research Centre of the Federal
Government
(g) Vice-President of National Engineering Services Pakistan Executive Member
(NESPAK) or his nominee not below the rank of Joint Secretary or
equivalent
(h) Member (Administration) of the Authority or his nominee not below Executive Member
the rank of Joint Secretary or equivalent
(i) Member (Finance) of the Authority or his nominee not below the Executive Member
rank of BPS-20 or equivalent
(j) Member (Planning) of the Authority or his nominee not below the Executive Member
rank of BPS-20 or equivalent
(k) Member (Engineering) of the Authority or his nominee not below Executive Member
the rank of BPS-20 or equivalent
(2) The chief executive officer shall be the chief executive of the authority 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.
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(3) The Chief Executive Officer, or in his absence a member of the executive board
authorized by him in 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__
(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;
(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
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.]
1
Subs. by Ordinance No. V of 2023, ss.8-9
2
New sub-sections added by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s.7.
Page 8 of 16
CHAPTER III
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
(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;
(v) procure plant, machinery, instruments and materials required for its use;
(vi) enter into and perform all such contracts as it may consider necessary;
(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;
(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;
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(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];
(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.
____________
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 anything 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.
1
Subs. and added by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s. 8.
2
Subs. by Ordinance No. V of 2023, s.11.
Page 10 of 16
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 Authority any of its powers, duties or functions under this Act, subject to such 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.
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.
1
Subs. by Ordinance No. V of 2023, ss.12-13
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(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
(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
(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.
1
Subs. by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s. 9.
Page 12 of 16
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.
(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
Page 13 of 16
(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 to 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 National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), ss. 10.
2
Subs. by Ordinance No. V of 2023, s.14.
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THE SCHEDULE
[ See section 2(g) and (m)]
Part - I
1
Subs. and Added by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s.12.
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1 Karachi-Thatta-Hyderabad-Moro- 1819
[N-5
Multan-Sahiwal-Lahore-Jhelum-
Rawalpindi-Peshawar-Torkham
(formerly known as G.T.Road)
N-10 Liari-Gwadar-Gabd 653
N-15 Mansehra-Naran-Jalkhad 175
N-25 Karachi-Bela-Khuzdar-Kalat-Quetta- 813
Chaman
N-35 Hassanabdal-Abbottabad-Thakot-Gilgit- 806
Khunjrab
N-40 Lakpass-Naukundi-Taftan 610
N-45 Nowshera-Dir-Chitral 309
N-50 Khuchlak-Zhob-D.I.Khan 531
N-55 Kotri-Shikarpur-D.G.Khan-D.I.Khan- 1247
Kohat-Peshawar (Indus Highway)
N-65 Sukkur-Sibbi-Saryab 385
N-70 Qilla Saifullah-Loralai-D.G.Khan-Multan 447
N-1 Islamabad-Peshawar Motorway 154
N-2 Lahore-Islamabad Motorway including 367
32 Km links and Lahore Bypass
M-3 Pindi Bhattian-Faisalabad Motorway 52
Uploaded on 5.12.2023
1
Subs. and Added by National Highway Authority (Amdt.) Ordinance 2001 (31 of 2001), s. 12.
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